36C26118R0001-040.docx

DOCX document 127 KB Posted

Attached to
Replace Patient Elopment System Federal contract opportunity
Solicitation number
36C26118R0001
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 21

About this file

36C26118R0001 36C26118R0001_1.docx

View the file

Other files for this federal contract opportunity

Other files attached to Replace Patient Elopment System, newest first.
File Type Posted
36C26118R0001-0002002.docx DOCX document
36C26118R0001-0001000.docx DOCX document
36C26118R0001-048.pdf PDF
36C26118R0001-051.pdf PDF
36C26118R0001-050.pdf PDF
36C26118R0001-052.pdf PDF
36C26118R0001-055.pdf PDF
36C26118R0001-043.pdf PDF
36C26118R0001-063.pdf PDF
36C26118R0001-045.pdf PDF
36C26118R0001-056.pdf PDF
36C26118R0001-061.pdf PDF
36C26118R0001-065.pdf PDF
36C26118R0001-059.pdf PDF
36C26118R0001-044.pdf PDF
36C26118R0001-060.pdf PDF
36C26118R0001-066.pdf PDF
36C26118R0001-062.pdf PDF
36C26118R0001-046.pdf PDF
36C26118R0001-057.pdf PDF
36C26118R0001-047.pdf PDF
36C26118R0001-058.pdf PDF
36C26118R0001-053.pdf PDF
36C26118R0001-042.pdf PDF
36C26118R0001-064.pdf PDF
36C26118R0001-041.pdf PDF
36C26118R0001-049.pdf PDF
36C26118R0001-054.pdf PDF
Show all 28

On GovTribe

Work with this file on GovTribe

  • Download the original file
  • Contacts named in this file
  • Similar government files
  • Ask GovTribe AI about this file

Text version

36C26118R0001 Section M

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

640-18-3-5081-0011 36C26118R0001 01-31-2019 Charee Harris 775-788-5511 07-25-2018

10:00 AM PT

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Sierra Nevada Health Care System 975 Kirman Avenue Reno

NV

89502-2597 X X Y 561621 $20.5 Million N/A X Department of Veterans Affairs VA Sierra Nevada Health Care System 975 Kirman Avenue

NV

89502 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Sierra Nevada Health Care System 975 Kirman Avenue Reno

NV

89502-2597

Department of Veteran Affairs FMS-VA-2(101) Financial Services Center PO Box 149971 Austin

TX

78714-9971 Project No. 654-15-114 Purchase and Install Centrak Patient Elopment System VA Palo Alto Health Care System, Menlo Park, CA 94025 Note to Offerors: A pre-proposal site vist will be held at The VA Palo Alt Menlo Park Location, 7985 Willow Road Bldg.

on June 28, 2018 at 10:00 AM Pacific Note #2 In accordance with (IWA) Public Law 109-461, this acquisition is a total service-disabled veteran owned small business set-aside.

NAICS CODE 561621

Size Standard: 20.5 million 640-18-3-5081-0011 Obligation No.

X X Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS1
Scope of Work1
Building 331 and Building 3601
CONSTRUCTION SECURITY REQUIREMENTS3
Statement of work:5
Drawings are based on:5
General Information and Requirements:9
SECTION B - CONTINUATION OF SF 1449 BLOCKS14
B.1 PRICE/COST SCHEDULE14
ITEM INFORMATION14
B.2 CONTRACT ADMINISTRATION DATA14
B.3 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)15
PART II - CONTRACT CLAUSES16
SECTION I - CONTRACT CLAUSES16
SECTION C - CONTRACT CLAUSES17
C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)17
C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2018)18
C.3 52.219-13 NOTICE OF SET-ASIDE OF ORDERS (NOV 2011)25
C.4 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)25
C.5 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992)25
C.6 VAAR 852.207-70 REPORT OF EMPLOYMENT UNDER COMMERCIAL ACTIVITIES (JAN 2008)26
C.7 VAAR 852.211-73 BRAND NAME OR EQUAL (JAN 2008)27
C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)29
C.9 VAAR 852.236-88 CONTRACT CHANGES--SUPPLEMENT (JUL 2002)30
C.10 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 1984)32
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS33
SECTION J - LIST OF ATTACHMENTS33
PART IV - REPRESENTATIONS AND INSTRUCTIONS35
SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS35
K.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018)35
K.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)38
SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS40
L.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)46
L.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JAN 2017)46
L.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (NOV 2017)50
L.4 52.216-1 TYPE OF CONTRACT (APR 1984)66
L.5 52.233-2 SERVICE OF PROTEST (SEP 2006)66
L.6 52.237-1 SITE VISIT (APR 1984)67
L.7 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)67
L.8 VAAR 852.273-70 LATE OFFERS (JAN 2003)67
L.9 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (JAN 2003)68
SECTION M - EVALUATION FACTORS FOR AWARD69
M.1 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)69

Scope of Work Replacing Patient Wander Guard System Project Number: 640-15-114M

Contractor shall furnish and install all equipment, devices, connection diagrams, devices installation details, programming, interconnection cables, control and signal cables, electrical power supplies, electrical wiring, system connections to existing it system & nursing stations, programming, training and all incidental work to deliver a fully functional patient guardian security system.

Contractor shall provide all necessary training on-site to Veterans Affairs personnel, including Contracting Officer Representative, nursing staff (3 shifts), administrative and technical personal.

Building 331 and Building 360 Veterans Affairs Palo Alto Health Care Systems 795 Willow Road Menlo Park, California 94025

Work hours shall be Monday to Friday 08:00 am to 4:30 pm

***If phases are involving and or impact V.A. patients, general contractor is expected at C.O.R. Contracting Officer Representative’s request to work after working hours and or weekends TO ACCOMMODATE PHASES not to impact V.A. patients.

A job site visit is required for contractor to perform a thorough field survey of the existing site system. Any site conditions which may cause significant deviation from the design drawings shall be brought to the attention Veterans Affairs, as a Request for information, emailed to the Contracting Officer for clarification prior to submission of the contractor’s bid.

Do not use any scaled measurements taken from the drawings as they are only for reference. The work shall be performed in accordance with applicable latest code requirements on:

· International Building Code (IBC).

· NFPA 2012 101 Life Safety Code

· NFPA National Fire Codes with the exception of NFPA 5000 and NFPA 900.

· National Electrical Code 2014 (NEC).

· Architectural Barriers Act Accessibility Standards (ABAAS) including Veterans Affairs supplement, Barrier free design guide (PG-18-13).

· Veterans Affairs design and construction procedures PG-18-3.

· NFPA 13.

· NFPA 99 Health Care Facility.

· OSHA, In the event of a discrepancy between contract document(s) and Veterans Affairs Specifications, the most stringent shall govern.

CONSTRUCTION SECURITY REQUIREMENTS

Security Procedures:

1. General Contractor’s employees shall not enter the project site without appropriate badge. They may also be subject to inspection of their personal effects when entering or leaving the project site.

2. Before starting work the General Contractor shall give notice to the Contracting Officer so that security arrangements can be provided for the employees. This notice is separate from any notices required for utility shutdown described later in this section.

3. No photography of Veterans Affairs premises is allowed without written permission of the Contracting Officer.

4. VA reserves the right to close down or shut down the project site and order General Contractor’s employees off the premises in the event of a national emergency. The General Contractor may return to the site only with the written approval of the Contracting Officer.

Guards:

1. The General Contractor shall provide unarmed guards at the project site if necessary to protect unattended contractor materials and equipment after construction hours.

2. The Contractor shall provide the guards and Veterans Affairs police with communication devices as directed.

3. The general Contractor shall install equipment for recording guard rounds to ensure systematic checking of the premises.

Key Control:

1. The General Contractor shall provide duplicate keys and lock combinations to the Contracting Officers Representative for the purpose of security inspections of every area of project including tool boxes and parked machines and take any emergency action.

2. The General Contractor shall turn over all permanent lock cylinders to the Veterans Affairs locksmith for permanent installation. See Section 08-71-00, DOOR HARDWARE and coordinate.

Document Control:

1. Before starting any work, the General Contractor/Sub Contractors shall submit an electronic security memorandum describing the approach to following goals and maintaining confidentiality of “sensitive information”.

2. The General Contractor is responsible for safekeeping of all drawings, project manual and other project information. This information shall be shared only with those with a specific need to accomplish the project.

3. Certain documents, sketches, videos or photographs and drawings may be marked “Law Enforcement Sensitive” or “Sensitive Unclassified”. Secure such information in separate containers and limit the access to only those who will need it for the project. Return the information to the Contracting Officer upon request.

4. These security documents shall not be removed or transmitted from the project site without the written approval of Contracting Officer.

5. All paper waste or electronic media such as CD’s and diskettes shall be shredded and destroyed in a manner acceptable to the Veterans Affairs.

6. Notify Contracting Officer and Site Security Officer immediately when there is a loss or compromise of “sensitive information”.

7. All electronic information shall be stored in specified location following Veterans Affairs standards and procedures using an Engineering Document Management Software.

· Security, access and maintenance of all project drawings, both scanned and electronic shall be performed and tracked through the Engineering Document Management Software system.

· “Sensitive information” including drawings and other documents may be attached to e- mail provided all Veterans Affairs encryption procedures are followed.

Statement of work:

· The project will replace an existing Patient Wander Guard System with a new network PATIENT ELOPEMENT and WANDERING solution in Buildings 331 and 360 provided by CenTrak. The products from CenTrak and the installation of such products, including but not limited to; new controller packagers, sensors, keypads, electronic message displays, patients tags, signal cabling, power wiring and low voltage power supplies shall be integrated to the existing VA CenTrak Real-time location system network, rack mounted server and two forty-eight port switches. This integration will be provide by Intelligent InSites, which includes programming interconnected diagrams and training to furnish a fully functional patient guardian security system.

Drawings are based on:

G-001 VICINITY MAP, SITE LOCATION, DRAWING INDEX AND PROJECT DATA TY-100 DESCRIPTION AND SCHEMATIC DIAGRAM PATIENT GUARDIAN

SECURITY SYSTEM

TY-101BUILDING 331 DEVICE LOCATIONS
TY-102BUILDING 360 WINGS A-C DEVICE LOCATIONS TY-103BUILDING 360 WINGS D-E DEVICE LOCATIONS

TY-104 BUILDING 360 WINGS G-F DEVICE LOCATIONS TY-105 BUILDING 360 WING H DEVICE LOCATIONS

E-101 BUILDING 331 ELECTRICAL FLOOR PLAN

E-102 BUILDING 360 WINGS A-C ELECTRICAL POWER PLAN E-103BUILDING 360 WINGS D-E ELECTRICAL POWER PLAN E-104BUILDING 360 WINGS G-F ELECTRICAL POWER PLAN E-105BUILDING 360 WING H ELECTRICAL POWER PLAN
E-106BUILDING 360-ONE LINE DIAGRAM E-107PANEL SCHEDULES
E-108BUILDING 331-ONE LINE DIAGRAM

· This includes installation of new controller packagers, control and signal cabling, electronic message displays, keypads, patient tags, power wiring & low voltage power supplies shall be integrated to the existing Veterans Affairs CenTrak Real Time Locating System Programming interconnected diagrams, sensors, signal cabling, and training to furnish a fully functional Patient Guardian Security System.

· A total of eleven (11) new monitors will be required. Five (5) monitors will be added to the existing computers and six (6) monitors are required for the new computers. One (1) Rack Mounted Server (If RTLS is not available) and two (2) forty-eight (48) port switches.

· Patient Guardian Security System main software is anticipated to be loaded on the existing RTLS network located in Building 334, main data center. In the event the RTLS network has not been approved, the contractor shall install a new rack mounted server with software. Location to be approved by VA and coordinate with VA OIT.

· The project consists of the replacement of the existing Patient Wander Guard System with a new network patient guardian security system in Buildings 331 and 360. This includes installation of new controller packagers, sensors, electronic message displays, control and signal cabling, power wiring and low voltage power supplies, programming interconnected diagrams and training to furnish a fully functional Patient Guardian Security System, 5 monitors will be added to the existing computers and 6 monitors are required for the new computers (2 each).

· GENERAL CONSTRUCTION: Replacement of existing Patient Wander Guard System with a new networked Patient Guardian System. Work includes general construction, alterations, necessary removal of existing system certain other items including patient detection, surveillance, and alarms.

· Networked Patient Guardian System installation including cabling, connections to IT closets, nurse stations and LED displays. IT closets location will assist by a Contracting Officer Representative

· Electrical Work: Work includes all labor, material, equipment and supervision to perform the required electrical construction work on this project including electrical power for the new Patient Guardian System, video cameras, and power supplies.

· Computer Monitors - Furnish 8 monitors stands and 11 new monitors for installation at nurse stations existing and new computer stations.

· Contractor shall completely prepare site for building operations, including demolition and removal of existing structures, and furnish labor and materials and perform work.

· Any damage to government property shall be repaired by the contractor back to its original condition at no cost to the government.

· General housekeeping practices shall be included during all phases of work, at the end of each work shift all areas shall be left clean and free of dust prior to departure.

· Provide safety precaution with orange cones and yellow tapes around working areas.

· Submit construction work schedule and submittal shop drawings for approval prior to start.

· Top priority at all times for contractor to maintain the cleanliness of the construction area.

· Work area shall be protected to prevent the migration of construction and paint residue outside of the construction site by providing: plastic sheet covers on all openings in the construction areas to include doors, windows, supply and return air ducts registers must be separate from the rest of facility.

General Information and Requirements:

· The contractor shall provide, equipment, personal protective equipment necessary, all tools to complete this project as deemed by Contracting Officer Representative, industry standards, this Scope Of Work all related specifications, applicable code requirements, and site policy.

· The contractor shall provide daily cleanup and securing of work site, including securing tools and equipment. Disposal of all waste and debris is at the contractor’s own expense and contractor debris box.

· The contractor shall provide quality control of all work conducted and the individual appointed shall be competent and educated with experienced as California State Certified Journeyman Level in the field of work this scope encompasses.

· All work shall be coordinated with the Contracting Officer Representative assigned to this project and only commence once approved.

· The contractor shall restrict access only to the construction area and designated construction lay down areas. The contractor shall submit (prior to beginning of work) a request for staging/laydown area/yard to the Contracting Officer Representative for approval.

· Badges: Contractor will obtain required ID badges for all employees used on project at start of each workday; report to the Contracting Officer Representative or designated individual for escort to the station police service for sign in and badge issuance.

· Security: The contractor and their personnel shall be subject to the same Federal laws, regulations, standards, and Veterans Affairs policies as Veterans Affairs personnel regarding information and information system security, accessing Veterans Affairs facilities, and working on Veterans Affairs property.

· Normal working hours will be 08:00 am to 4:30 pm, Monday to Friday, not counting Government holidays. If request by Contracting Officer Representative (C.O.R.) due to impact patient schedules contractor shall be working after 4:30 pm and or weekends.

· Non-Normal working hours are any days/time outside normal working hours (Saturdays & Sundays, and any time outside 8:00AM-4:30PM Monday-Friday). If requested by Contracting Officer Representative contractor will work after 4:30 pm or on weekends.

· It is the intent of VAPAHCS that the work shall be completed within 90 calendar days from the issuance of the Notice to Proceed. Any request to utility shutdown must be requested in writing at a minimum of 90 days prior to the requested day of shutdown (first come, first serve).

· Utility shut down requests are dependent upon Contracting Officer Representative and Facilities review, VAPAHCS staffing availability, and written approval from the Contracting Officer Representative.

Codes and Standards: The Contractor shall follow all current applicable codes and standards to this type of work including but not limited to:

· Health Care System Memorandums,

· Lock-out-Tag-out.

· OSHA Guidelines.

· Rules of Station.

· NFPA, and etcetera. In the event that any code/standard is found to be contradictory; the authority having jurisdiction Contracting Officer Representative shall make the final determination and work shall proceed at no additional cost to the Government.

· The provision for construction and safety signs. Stated in the general requirements section 01-00-10 of the VA master construction.

· 2014 Veterans Affairs Information Technology VA specification.

Vendor/Product Information:

V.A. Nurses selected CenTrak which meet their requirements, out of all the vendors. The contractor is to contact CenTrak to purchase all required specified equipment, software etc. and for training.

V.B.

· Vendor CenTrak (Patient Elopement and Wandering)

Kelly Holmes Account Executive - Patient Safety Direct: 215.860.2928 Mobile: 848-220-0896 Email: kholmes@centrak.com

Joseph C. Conti Mobile: 732-533-7612 Email: jconti@centrak.com

· Vendor Intelligent InSites (CenTrak Real-time location system Integrator)

Carol Tweten Title: Vice President Government Programs Direct: 701.893.2032 Mobile: 701.371.2326 Carol.Tweten@intelligentinsites.com

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
GRAND TOTAL
__________________

B.2 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C261 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Sierra Nevada Health Care System 975 Kirman Avenue Reno NV 89502-2597

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[]
52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or
[]
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.

Department of Veteran Affairs FMS-VA-2(101) Financial Services Center

PO Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO
DATE

B.3 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes . Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO 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. 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 CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. 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 CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

36C26118R0001

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

36C26118R0001 Section I

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
52.202-1
DEFINITIONS
NOV 2013
52.203-3
GRATUITIES
APR 1984
52.203-5
COVENANT AGAINST CONTINGENT FEES
MAY 2014
52.203-6
RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT ALTERNATE I (OCT 1995)
SEP 2006
52.203-7
ANTI-KICKBACK PROCEDURES
MAY 2014
52.203-12
LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS
OCT 2010
52.203-16
PREVENTING PERSONAL CONFLICTS OF INTEREST
DEC 2011
52.204-4
PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER
MAY 2011
52.204-9
PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL
JAN 2011
52.204-14
SERVICE CONTRACT REPORTING REQUIREMENTS
OCT 2016
52.209-2
PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS—REPRESENTATION
NOV 2015
52.209-5
CERTIFICATION REGARDING RESPONSIBILITY MATTERS
OCT 2015
52.209-6
PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT
OCT 2015
52.209-9
UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS
JUL 2013
52.203-11
CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS
SEP 2007
52.203-17
CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
APR 2014
52.222-27
AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION
APR 2015
52.209-10
PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS
NOV 2015
52.219-14
LIMITATIONS ON SUBCONTRACTING
JAN 2017
52.219-27
NOTICE OF SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE
NOV 2011
52.219-28
POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION
JUL 2013
52.222-35
EQUAL OPPORTUNITY FOR VETERANS
OCT 2015
52.222-36
EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES
JUL 2014
52.222-37
EMPLOYMENT REPORTS ON VETERANS
FEB 2016
52.222-40
NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT
DEC 2010
52.222-41
SERVICE CONTRACT LABOR STANDARDS
MAY 2014
52.222-50
COMBATING TRAFFICKING IN PERSONS
MAR 2015
52.222-54
EMPLOYMENT ELIGIBILITY VERIFICATION
OCT 2015
52.223-18
ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING
AUG 2011
52.225-13
RESTRICTIONS ON CERTAIN FOREIGN PURCHASES
JUN 2008
52.225-25
PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN—REPRESENTATION AND CERTIFICATIONS
OCT 2015
52.227-14
RIGHTS IN DATA—GENERAL
MAY 2014
52.233-1
DISPUTES
MAY 2014
52.233-4
APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM
OCT 2004
52.237-2
PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION
APR 1984
52.242-13
BANKRUPTCY
JUL 1995
52.242-15
STOP-WORK ORDER
AUG 1989
52.246-4
INSPECTION OF SERVICES—FIXED-PRICE
AUG 1996
52.247-34
F.O.B. DESTINATION
NOV 1991
52.212-4
CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS
JAN 2017

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2018)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(3) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [X] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[] (ii) Alternate I (NOV 2011) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (JAN 2011) of 52.219-4.

[] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-7.

[] (iii) Alternate II (Mar 2004) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (NOV 2016) of 52.219-9.

[] (v) Alternate IV (NOV 2016) of 52.219-9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)).

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[X] (26) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2018) (E.O. 13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (28) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[X] (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

[X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[X] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

[X] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[X] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).

[] (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (45) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[X] (46) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I (MAY 2014) of 52.225-3.

[] (iii) Alternate II (MAY 2014) of 52.225-3.

[] (iv) Alternate III (MAY 2014) of 52.225-3.

[] (48) 52.225–5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (50) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[] (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

[] (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

[X] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

[X] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

Employee Class
Monetary Wage-Fringe Benefits

[] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[X] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[X] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

[X] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

[X] (11) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vi) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

(xii)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

(xvii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xviii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xix) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

C.3 52.219-13 NOTICE OF SET-ASIDE OF ORDERS (NOV 2011)

The Contracting Officer will give notice of the order or orders, if any, to be set aside for small business concerns identified in 19.000(a)(3) and the applicable small business program. This notice, and its restrictions, will apply only to the specific orders that have been set aside for any of the small business concerns identified in 19.000(a)(3).

(End of Clause)

C.4 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

Employee Class
Monetary Wage—Fringe Benefits

(End of Clause) C.5 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992)

(a) Except as provided in paragraph (c) below, the Contractor shall display prominently, in common work areas within business segments performing work under VA contracts, Department of Veterans Affairs Hotline posters prepared by the VA Office of Inspector General.

(b) Department of Veterans Affairs Hotline posters may be obtained from the VA Office of Inspector General (53E), P.O. Box 34647, Washington, DC 20043-4647.

(c) The Contractor need not comply with paragraph (a) above if the Contractor has established a mechanism, such as a hotline, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.

(End of Clause)

C.6 VAAR 852.207-70 REPORT OF EMPLOYMENT UNDER COMMERCIAL ACTIVITIES (JAN 2008)

(a) Consistent with the Government post-employment conflict of interest regulations, the contractor shall give adversely affected Federal personnel the right of first refusal for all employment openings under this contract for which they are qualified.

(b) Definitions.

(1) Adversely affected Federal personnel means:

(i) Permanent Federal personnel who are assigned to the government commercial activity, or

(ii) Federal personnel who are identified for release from their competitive levels or separated as a result of the contract.

(2) Employment openings means position vacancies created by this contract that the contractor is unable to fill with personnel in the contractor's employ at the time of the contract award. The term includes positions within a 50-mile radius of the commercial activity that indirectly arise in the contractor's organization as a result of the contractor's reassignment of employees due to the award of this contract.

(3) Contract start date means the first day of contractor performance.

(c) Filling employment openings. (1) For a period beginning with contract award and ending 90 calendar days after the contract start date, no person other than adversely affected Federal personnel on the current listing provided by the contracting officer shall be offered an employment opening until all adversely affected and qualified Federal personnel identified by the contracting officer have been offered the job and refused it.

(2) The contractor may select any person for an employment opening when there are no qualified adversely affected Federal personnel on the latest current listing provided by the contracting officer.

(d) Contracting reporting requirements.

(1) No later than 5 working days after contract award, the contractor shall furnish the contracting officer with the following:

(i) A list of employment openings including salaries and benefits, and

(ii) Sufficient job application forms for adversely affected Federal personnel.

(2) By the contract start date, the contractor shall provide the contracting officer with the following:

(i) The names of adversely affected Federal personnel offered an employment opening;

(ii) The date the offer was made;

(iii) A brief description of the position;

(iv) The date of acceptance of the offer and the effective date of employment;

(v) The date of rejection of the offer, if applicable, and the salary and benefits contained in the rejected offer; and

(vi) The names of any adversely affected Federal personnel who applied but were not offered employment and the reason(s) for withholding an offer.

(3) For the first 90 calendar days after the contract start date, the contractor shall provide the contracting officer with the names of all persons hired or terminated under the contract within 5 working days of such hiring or termination.

(e) Information provided to the contractor.

(1) No later than 10 calendar days after the contract award, the contracting officer shall furnish the contractor a current list of adversely affected Federal personnel exercising the right of first refusal, along with their completed job application forms.

(2) Between the contract award and start dates, the contracting officer shall inform the contractor of any reassignment or transfer of adversely affected Federal personnel to other Federal positions.

(3) For a period of up to 90 calendar days after the contract start date, the contracting officer will periodically provide the contractor with an updated listing of adversely affected Federal personnel reflecting personnel who were recently released from their competitive levels or separated as a result of the contract award.

(f) Qualifications determination. The contractor has a right under this clause to determine adequacy of the qualifications of adversely affected Federal personnel for any employment openings. However, adversely affected Federal personnel who held jobs in the Government commercial activity that directly correspond to an employment opening shall be considered qualified for the job. Questions concerning the qualifications of adversely affected Federal personnel for specific employment openings shall be referred to the contracting officer for determination. The contracting officer's determination shall be final and binding on all parties.

(g) Relating to other statutes, regulations and employment policies. The requirements of this clause shall not modify or alter the contractor's responsibilities under statutes, regulations or other contract clauses pertaining to the hiring of veterans, minorities, or persons with disabilities.

(h) Penalty for noncompliance. Failure of the contractor to comply with any provision of the clause may be grounds for termination for default.

(End of Clause)

C.7 VAAR 852.211-73 BRAND NAME OR EQUAL (JAN 2008)

(Note: as used in this clause, the term "brand name" includes identification of products by make and model.)

(a) If items called for by this invitation for bids have been identified in the schedule by a "brand name or equal" description, such identification is intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. Bids offering "equal" products (including products of the brand name manufacturer other than the one described by brand name) will be considered for award if such products are clearly identified in the bids and are determined by the Government to meet fully the salient characteristics requirements listed in the invitation.

(b) Unless…

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it.