36C26219Q0722-001.pdf

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 17

691-19-3-685-0134

36C10G18D0027 36C26219Q0722 05-16-2019

Alvizar, Edgar 562-766-2244 05-23-2019 8:00 am PDT

00262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

X 100

X

423450

$27.5 Million

N/A

X

Department of Veterans Affairs VA Greater Los Angeles Healthcare System

11301 Wilshire Blvd Los Angeles CA 92354

00262

Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

Department of Veterans Affairs Financial Services Center P.O. Box 149971

SEE VAAR 852.232-72 FOR PAYMENT INFO

Austin TX 78714-9971

See CONTINUATION Page

THIS IS THE SOLICITATION FOR SIMMAN 3G MANIKIN AND ASL 5000

TO INCLUDE ACCESSORIES, INSTALLATION AND SERVICE PLAN.

PERIOD OF PERFORMANCE IS 06/01/2019 TO 06/31/2019

ALL QUOTE MUST BE SUBMITTED TO EDGAR.ALVIZAR@VA.GOV

NO LATER THAN 05/23/2019 08:00 A.M. PDT (LOS ANGELES).

THIS IS A FIRM FIXED PRICE REQUIREMENT.

*** THIS IS SERVICE DISABLED VETERAN OWNED

SMALL BUSINESS SET-ASIDE ***

$0.00 See CONTINUATION Page x X x 1

Edgar Alvizar

VA-VHA-SAOW-2019-BB88726A

36C26219Q0674

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 PRICE/COST SCHEDULE

B.2 SALIENT CHARACTERISTICS

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS

C.1 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED

SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

C.2 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2019)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.211-6 BRAND NAME OR EQUAL (AUG 1999)

E. 2 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

ITEMS

E.2.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 PRICE/COST SCHEDULE

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 EA __________________ __________________

SimMan 3G, Dark Manikin and accessories Includes SimMan 3G Manikin, LLEAP License, Drug

Recognition Kit, USB Headset/Microphone, SpO2 Probe, Keyboard and Mouse, Consumables, Clothing, Soft Sided Carry Case, 1 Year Manufacturer's Warranty. Brand name or equal.

LOCAL STOCK NUMBER: 212-02250

2.00 EA __________________ __________________

Laptop (US) LLEAP/PM/Ultrasound. Brand name or equal.

LOCAL STOCK NUMBER: 400-10201

ValuePlus SimMan 3GPlatinum Includes Installation, Extended Warranty, Loaner coverage and

Preventative Maintenance on Site. 60 MONTHS LOCAL STOCK NUMBER: 212-B-VplusPS3G

SimMan 3G EDU Bundle: Getting Started/LLEAP A 2-day educational session with a Laerdal

Educator at the customer site for up to 8 participants. Day one focuses on fundamental knowledge of the Simulator and day two provides in-depth knowledge of the Learner Application software.

LOCAL STOCK NUMBER: 212-B-EDBNDL1

ASL 5000 Lung Solution Adapt.Plugin, ASL5000 Includes LLEAP Plug-in, Lung Adapter, ASL 5000.

Brand name or equal.

LOCAL STOCK NUMBER: 212-11955

Installation IngMar Lung LungKit + ASL 5000 This service covers installation of IngMar Medical's

Lung Adapter, the LLEAP SW plugin and the ASL 5000 breathing simulator.

LOCAL STOCK NUMBER: 212-89050

IngMar Lung Solut Course Getting Started 1 D This training option allows for hands-on, interactive instruction on the ASL 5000 Lung Solution, and it is tailored to the unique needs of the customer. Each session is one full day.

LOCAL STOCK NUMBER: ASL-EDLL100

ASL 5000 Ext Warranty, 2 years

LOCAL STOCK NUMBER: 212-890EXW3

IngMar LS Webinar 2-hour IngMar Lung Solution

LOCAL STOCK NUMBER: ASL-EDLL020

GRAND TOTAL __________________

B.2 SALIENT CHARACTERISTICS

B.2.1. Below are the salient characteristics for equal to products in accordance with FAR Part 52.211-6

BRAND NAME OR EQUAL.:

B.2.1.1. Required Products and services:

Line Item Manufacturer/Model # Description

0001 Laerdel/212-02250

SimMan 3G, Dark Manikin and accessories Includes SimMan 3G Manikin, LLEAP License, Drug Recognition Kit, USB Headset/Microphone, SpO2 Probe, Keyboard and Mouse, Consumables, Clothing, Soft Sided Carry Case, 1 Year Manufacturer's Warranty. Brand name or equal.

0002 Not specified Laptop (US) LLEAP/PM/Ultrasound. Brand name or equal.

0003 Not a manufactured product. ValuePlus SimMan 3GPlatinum Includes Installation, Extended Warranty, Loaner coverage and Preventative Maintenance on Site. 60 MONTHS.

0004 Not a manufactured product.

SimMan 3G EDU Bundle: Getting Started/LLEAP A 2-day educational session with a Laerdal Educator at the customer site for up to 8 participants. Day one focuses on fundamental knowledge of the Simulator and day two provides in-depth knowledge of the Learner Application software.

0005 Laerdal-Ingmar/212-B-VplusPS3G ASL 5000 Lung Solution Adapt.Plugin, ASL5000 Includes LLEAP Plug-in, Lung Adapter, ASL 5000

0006 Not a manufactured product.

Installation IngMar Lung LungKit + ASL 5000 This service covers installation of IngMar Medical's Lung Adapter, the LLEAP SW plugin and the ASL 5000 breathing simulator.

0007 Not a manufactured product.

IngMar Lung Solution Course Getting Started 1 D This training option allows for hands-on, interactive instruction on the ASL 5000 Lung Solution, and it is tailored to the unique needs of the customer. Each session is one full day.

0008 Not a manufactured product. ASL 5000 Ext Warranty, 2 years

0009 Not a manufactured product.

Model # HMVR-2484G-NS, Mobile Nesting Table 30" x 72" x 29-1/2" H, Rectangular shape Folding Table, Finishes: Laminate Wilsonart Fusion Maple and silver colored base. Casters for mobility.

0010 Not a manufactured product. IngMar LS Webinar 2-hour IngMar Lung Solution

B.2.1.2. Salient Characteristics:

B.2.1.2.1. Line Item 0001: SimMan 3G Manikin

B.2.1.2.1.1. System Features:

B.2.1.2.1.1.1. An advanced configurable airway comprised of adjustable lung compliance and resistance - allowing simulation of difficult airway management cases.

B.2.1.2.1.1.2. Eyes that respond to light and react according to the clinical state of the Patient Simulator.

B.2.1.2.1.1.3. RFID Technology for automatic recognition of drugs and airway devices.

B.2.1.2.1.1.4. Auto measurement of volume and concentration for drugs and IV fluids.

B.2.1.2.1.1.5. Bleeding and Wound Modules are fed from an internal blood reservoir. An external Blood Fill Unit may be connected for extended bleeding cases.

B.2.1.2.1.1.6. Simulated Secretions: sweat, tears, froth, urine and ear fluids are fed from an internal fluid reservoir. An external Fluid Fill Unit may be connected for extended use.

B.2.1.2.1.1.7. Convulsions simulate seizures or small hand movements.

B.2.1.2.1.1.8. Focus on Quality CPR (QCPR): measurement and feedback according to the 2005 and 2010 Guidelines.

B.2.1.2.1.1.9. Vascular Access (intra-osseous) via the tibia.

B.2.1.2.1.1.10. Automatic Simulation Control based on preprogrammed and validated Patient Cases.

B.2.1.2.1.2. Main Components:

B.2.1.2.1.2.1. SimMan 3G is an adult life-size wireless Patient Simulator, with internal battery power, internal air compressor and fluid reservoirs. Interventions by learners are registered by the system in the session log and used for later debriefing.

B.2.1.2.1.2.2. The Instructor PC controls the simulation. The headset allows the instructor to simulate interactive voice communication between the patient and the learner.

B.2.1.2.1.2.3. Software available for use with the simulator includes LLEAP for controlling scenarios, SimDesigner for creating and editing scenarios, SimView server or SessionViewer for debriefing simulation sessions with video capture and a Patient Monitor application.

B.2.1.2.1.3. WLAN Communication: Communication between the Patient

Simulator and the PCs is based on WLAN communication. The Patient Simulator and PCs can also be connected to a LAN cable network, and WLAN disabled.

B.2.1.2.1.4. Main Anatomical Features:

B.2.1.2.1.4.1. Dimensions (Patient Simulator only): 1800mm (l) x 550mm (w) chest (5. 90 ft x 1.80 ft), Weight (Patient Simulator only): 38.5kg (85 lbs), Weight (with clothes): 40 Kg (88 lbs).

B.2.1.2.1.4.2. Default male body with interchangeable genitalia pads.

B.2.1.2.1.4.3. Configurable Anatomical Features - Genitalia: The Patient

Simulator shall come with a neutral genitalia pad as default. The pad can be changed for a male or female module, Teeth: Patient Simulator shall come with a set of soft teeth as default. These shall have the option to be exchanged for a hard set of teeth, Trauma Modules/Limbs: Left leg - amputation and bleeding module (optional accessory). Right arm - amputation and bleeding module (optional accessory) The SimMan 3G arm adaptor kit is used to connect the trauma arm modules.

B.2.1.2.1.5. Mobility of Joints: Neck: Movement can be on a 3-axis movement of head Range of movement can be restricted, Shoulders: 3-axis rotation, Lumbar: 1-axis, Elbows: Fixed, no mobility, Wrist: 3-axis rotation Free mobility, Thumbs: 3-axis rotation, Knees: 1-axis rotation, Ankles:

1-axis rotation.

B.2.1.2.1.6. Sounds: he sounds can be triggered by the scenario or controlled by the instructor. Body Sounds: The body sounds are simulated sounds from a human body, like heart, lungs, and bowel sounds. The sounds are integrated and generated in the Patient Simulator and transferred through the integrated speakers. Vocal Sounds: The vocal sounds are sounds from the throat like coughing, moaning, and crying as well as spoken words. The sounds are integrated in LLEAP and transferred to the Patient Simulator. In addition, the instructor shall be able to communicate through a microphone and the voice is then transferred to the Patient Simulator through the VCA.

B.2.1.2.1.7. Eye Settings: Blinking eyelids, Eyelids: open, closed or partially open, eyelids shall have the option to be opened for examination by the learner, Pupil dilation: constricted, dilated or in between, Pupillary accommodation, Synchrony / asynchrony, Normal and sluggish speed of response.

B.2.1.2.2. Line Item 0002: Laptop LLEAP/PM/Ultrasound: Serves as the Instructor’s laptop. This is a laptop where Laerdal Simulation Home is located and from where LLEAP and other Laerdal programs related to patient simulation can be found and started. Also, the help files can be opened from here.

B.2.1.2.3. Line Item 0005: ASL 5000 Lung Solution:

B.2.1.2.3.1. Connect to any ventilator – just as you would a real patient B.2.1.2.3.2. Simulate a wide, minutely adjustable range of basic lung mechanics

B.2.1.2.3.3. Compliance - 0.5 to 250 mL/cmH2O B.2.1.2.3.4. Resistance – 8 to 150 cmH20/L/s B.2.1.2.3.5. Simulate scenarios with a spontaneously breathing patient supported on a ventilator.

B.2.1.2.3.6. Set spontaneous effort (0 to -100 cmH2O) and rate (passive to 150 bpm).

B.2.1.2.3.7. Simulate spontaneous control of breath timing (I:E) ratio.

B.2.1.2.3.8. Conduct advanced ventilator management scenarios such as patient-ventilator dysynchrony, weaning trials, and waveform analysis.

B.2.1.2.3.9. Works with all modes of ventilation including Pressure/Volume

Control, Pressure Support, APRV, PAV, HFOV, NIV.

B.2.1.2.3.10. Demonstrate the treatment effects of PEEP at any clinically relevant setting including values > 20 cmH20.

B.2.1.2.3.11. Easily activate pre-programmed respiratory conditions with variable levels of severity including Normal, Asthma, ARDS, Interstitial Lung Disease (ILD), and COPD.

B.2.1.2.3.12. Create and save an unlimited number of user-defined respiratory conditions including pneumothorax, bronchospasm, pneumonia, cough, cystic fibrosis, flash pulmonary edema, and more.

B.2.1.2.3.13. Compatible with SimMan® 3G, SimMan ® 3G Trauma, SimMan® Essential, and SimMan® Essential Bleeding.

B.2.2. The information identified above is intended to be descriptive, not restrictive and to indicate the quality of the supplies that will be satisfactory. It is the responsibility of the interested source to demonstrate to the government that the interested parties can provide the supplies that fulfill the required specifications.

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL ITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have 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 following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED

VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service-disabled veteran-owned small business concern or SDVSOB”:

(1) Means a small business concern:

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans or eligible surviving spouses (see VAAR 802.201 Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans (or eligible surviving spouses) or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR 74 and is so listed in the Vendor Information Pages database, (https://www.vip.vetbiz.gov); and

(v) The business will comply with subcontracting limitations in 13 CFR 125.6, as applicable

(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(b) General.

(1) Offers are solicited only from verified service-disabled veteran-owned small business concerns.

Offers received from concerns that are not verified service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a verified service-disabled veteran-owned small business concern.

(c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, the concern will comply with the limitation on subcontracting requirements in 13 CFR §125.6.

https://www.vip.vetbiz.gov/

(d) A joint venture may be considered a service-disabled veteran owned small business concern if the joint venture complies with the requirements in 13 CFR 125.15, provided that any reference therein to SDVO SBC is to be construed to apply to a VA verified SDVOSB as appropriate.

(e) Any service-disabled veteran-owned small business concern (non-manufacturer) must meet the requirements in FAR 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.

(End of Clause)

C.2 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.3 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

852.203-70 COMMERCIAL ADVERTISING MAY 2018

852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS NOV 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

JUL 2016

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS

OCT 2018

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

852.246-71 REJECTED GOODS OCT 2018

(End of Addendum to 52.212-4)

C.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(JAN 2019)

(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) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(5) 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] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)).

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

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

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O.

13627).

[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).

[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).

[X] (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

(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) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(iv) 52.219–8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 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.

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

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

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

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

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

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiii)(A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (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).

(xiv) 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).

(xv) 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).

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

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

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

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

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

(xx) 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).

(xxi) 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.

(xxii) 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)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR

ATTACHMENTS

INTENTIONALLY LEFT BLANK

SECTION E - SOLICITATION PROVISIONS

E.1 52.211-6 BRAND NAME OR EQUAL (AUG 1999)

(a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation.

(b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must—

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by—

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation.

(End of Provision)

E. 2 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—

COMMERCIAL ITEMS

E.2.1 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE AND SMALL

BUSINESS SIZE STANDARD: The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449).

E.2.2 SITE VISIT: Not Applicable.

E.2.3 SUBMISSION OF OFFERS: Offers to this solicitation shall be e-mailed not later than 08:00 a.m.

PST on Monday April 15, 2019 to the attention of Edgar Alvizar at edgar.alvizar@va.gov with “Solicitation Offer – Custom Manufacturing of parts for Air Handler” on the subject line. Files should be sent in PDF format and no larger than 10MB or they will be automatically rejected by the server. Vendor shall expect a confirmation e-mail indicating offer was successfully received by the Government. The Government is not responsible for rejected e-mails that exceed the e-mail capacity. Telephone and fax responses shall NOT be accepted.

E.2.4 SUBMISSION OF QUESTIONS: All questions must be received by Monday May 6, 2019. All questions submitted for this solicitation must be electronically sent to the following email address: Rob Wilson Robert.Wilson11@va.gov (202) 123-4567. Questions received after the stated date and time, may be addressed at the discretion of the Contracting Officer.

E.2.5 DISCUSSIONS WITH OFFERORS: The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be in the best interest of the Government.

The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

E.2.6 SUBMISSION OF REQUIRED DOCUMENTS: Submission of Required Documented listed herein is a condition precedent to award of a contract. In general, LIMIT your response to no more than thirty-five (10) typewritten pages with a 12pt font-size and Times new roman font-type, including, as a minimum, the following documentation:

1. SF 1449. As a minimum, include—

a. The solicitation number;

b. The name, address, and telephone number of the offeror;

c. "Remit to" address, if different than mailing address

d. Complete block 17a and sign offer (blocks 30a, b, and c) of SF 1449.

E.2.7 INCORPORATED PROVISIONS: Provisions that are incorporated by reference (by Citation Number, Title, and Date), have 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 following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

E.2.1 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)

FAR

Number

Title Date

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING

JUL 2016

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS OCT 2018

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS

OCT 2018

(End of Addendum to 52.212-1)

E.3 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

(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:

Lowest Price.

(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)