RFQ 36C25723Q0350.docx
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- Attached to
- J012--Fire Alarm & Suppression Systems Services_Base plus 4 Federal contract opportunity
- Solicitation number
- 36C25723Q0350
About this file
This solicitation is for fire alarm and fire suppression systems testing, inspection, maintenance, and repair services at the South Texas Veterans Healthcare System Kerrville Campus in Kerrville, Texas. The base period of performance is one year from June 13, 2023 to June 12, 2024, with four one-year option periods. Services include inspection and testing of approximately 2,000 devices in accordance with NFPA standards. The contractor must be qualified to work on the Honeywell Gamewell FCI 7100 fire alarm system and provide all necessary labor, equipment, and documentation to complete required inspections and repairs. Pricing is requested for monthly and annual inspection line items, fire alarm monitoring, and an unforeseen repairs not-to-exceed line item. The solicitation is set aside for service-disabled veteran-owned small businesses and offers are due by April 28, 2023.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| 36C25723Q0350 0001_1.docx | DOCX document | |
| SF30 36C25723Q0350 0001.pdf | ||
| 36C25723Q0350_1.docx | DOCX document | |
| Service Contract WD 2015-5293 rv23_12-27-2022.pdf |
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Text version
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
671-23-1-5060-0011
36C25723Q0350 02-23-2023 Sherine Brooks sherine.brooks@va.gov 04-28-2023
5PM
CDT
36C257
Department of Veterans Affairs Central Texas Veterans HCS 1901 Veterans Memorial Dr. Building #171 Temple TX 76504
X
561621 $22 Million
N/A
36C671 South Texas Veterans Healthcare System 3600 Memorial Blvd Kerrville, TX 78028
36C257
Department of Veterans Affairs Central Texas Veterans HCS 1901 Veterans Memorial Dr. Building 171 Temple TX 76504
TBD
This is accomplished through the Tungsten Network located at:
http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.
(877) 353-9791
(512) 460-5540
See CONTINUATION Page Fire Alarm & Sprinkler Suppression Services | Base plus 4
See "Addendum to FAR 52.212-1 Instructions to Offerors" on pg.
34.
Period of Performance:
Base Year: June 13, 2023 – June 12, 2024 Option Year 1: June 13, 2024 – June 12, 2025 Option Year 2: June 13, 2025 – June 12, 2026 Option Year 3: June 13, 2026 – June 12, 2027 Option Year 4: June 13, 2027 – June 12, 2028
See CONTINUATION Page
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 |
| STATEMENT OF WORK | 4 |
| B.2 PRICE/COST SCHEDULE | 13 |
| ITEM INFORMATION | 13 |
| SECTION C - CONTRACT CLAUSES | 18 |
| C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 18 |
| C.2 SUPPLEMENTAL INSURANCE REQUIREMENTS | 18 |
| C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) | 19 |
| C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 19 |
| C.5 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT 2021) (DEVIATION) | 19 |
| C.6 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022) | 20 |
| C.7 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020) | 20 |
| C.8 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018) | 22 |
| C.9 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021) (DEVIATION) | 23 |
| C.10 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 24 |
| C.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022) | 25 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 33 |
| SECTION E - SOLICITATION PROVISIONS | 34 |
| E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 34 |
| Addendum to FAR 52.212-1 Instructions to Offerors – Commercial Items | 34 |
| BASIS FOR AWARD | 35 |
| E.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 37 |
| E.3 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) | 38 |
| E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022) | 42 |
| E.5 52.233-2 SERVICE OF PROTEST (SEP 2006) | 59 |
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: TBD
b. GOVERNMENT: Contracting Specialist – Sherine Brooks, Sherine.Brooks@va.gov Department of Veterans Affairs Central Texas Veterans HCS 1901 Veterans Memorial Dr. Building #171 Temple TX 76504
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. |
3. INVOICES: Invoices shall be submitted in arrears: After completion of each service.
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 |
Page 1 of
STATEMENT OF WORK
Fire Alarm And Fire Suppression Systems Testing, Inspection, Maintenance, And Repair
1. GENERAL REQUIREMENTS
a. Contract Overview: Full inspection, testing, maintenance, monitoring, and repair contract for South Texas Veterans Healthcare System (STVHCS) Kerrville Campus (KC) hospital fire alarms, suppression system, and ancillary devices as listed. All required documentation will be provided and updated by the Contractor quarterly, and/or as devices are serviced or repaired, in the form of secure internet-based database, hard copy, and/or e-copy formats. Location: STVHCS Kerrville, Campus 3600, Memorial Blvd., Kerrville, TX 78028.
b. Description of Services/Introduction: The Contractor shall provide all personnel, transportation, equipment, supplies, facilities, supervision, other items, and non-personal services necessary to perform fire alarm and fire suppression monitoring, inspection, testing, maintenance, and repair services as defined in this Statement of Work. This contract calls for the 100% inspection, testing, maintenance, and repair of all associated devices in compliance with applicable and up to date NFPA requirements, The Joint Commission (TJC) and manufacturer’s recommended procedures. The Contractor will provide Fire Alarm Monitoring Services as part of this contract. The contractor’s qualifications must comply with current NFPA, state, and federal requirements. The Contractor assumes all liability risks for work performed under this contract.
c. Period of Performance: Base Year with 4 Option Year periods.
| Base Year: June 13, 2023 – June 12, 2024 |
| Option Year 1: June 13, 2024 – June 12, 2025 |
| Option Year 2: June 13, 2025 – June 12, 2026 |
| Option Year 3: June 13, 2026 – June 12, 2027 |
| Option Year 4: June 13, 2027 – June 12, 2028 |
2. BACKGROUND
a. The South Texas Veterans Health Care System (STVHCS) Kerrville Division (KD) campus has an FCI 7100 Fire Alarm System with approximately 2000 separate devices.
b. The STVHCS KD requires a Contractor with the ability to perform fire alarm and fire suppression system monitoring, preventative maintenance, inspection, testing and repair of all devices across the campus.
c. The Contractor must be able to provide database management of all inspection, testing, and repairs as required. Additionally, the STVHCS requires the Contractor to provide, or sub-contract the services of an appropriate elevator technician(s) for any inspection, testing, and repair activities involving any of the elevator systems at the listed facilities, as well as a fire damper inspector to complete the fire damper inspection, and inspector for fire door battery power system.
3. CONTRACTOR QUALIFICATIONS
a. The Prime or Sub Contractor must be qualified and experienced up to a National Institute for Certification in Engineering Technologies (NICET) level 4.
b. The Prime or Subcontractor must have CAMWorks with Voice system Programming certifications for the Honeywell Gamewell FCI 7100 Fire Alarm System.
c. The Prime or Subcontractor must be certified and able to perform all duties defined within this scope on the Honeywell Gamewell FCI 7100 Fire Alarm System.
4. RISK CONTROL. Prior to the performance of services and working at the VA facility, the Contractor must abide by the following VA directives and submit to Infection Control Rep:
a. Provide proof of tuberculosis (TB) testing for each Contractor employee working onsite. Testing results must be less than one year old. The cost of the TB test is the responsibility of the Contractor and/or Contractor employees and is not administered by the VA.
b. Provide proof of flu vaccine. As of August 10, 2020, the Veterans’ Health Administration made it mandatory for all personnel working at any VA health care facility to have their seasonal influenza vaccination, including contractors. Unless properly exempted.
c. Attend an Infection Control Training class on Tuesdays at Audie Murphy VAMC or Virtual where they will request the proof of TB results and Flu vaccine. This must be done every year.
d. Attend a Safety and Interstitial and Fall Prevention Training class on the same day.
e. Safety and PPE equipment must be provided for each Contractor employee by the contractor. Due to the current Covid-19 pandemic, all who enter a VA Medical facility must always wear an appropriate medical face mask. Unless otherwise stated, all contractors must abide by this rule.
5. TASK SPECIFICATIONS
a. Fire Alarm and Fire Suppression System Inspection, Testing, and Maintenance (ITM): Contractor must be able to inspect, test, maintain, and repair 100% of all fire alarm and fire suppression system devices in accordance with current National Fire Protection Association (NFPA) and Joint Commission (JC) standards.
b. The Kerrville campus is composed of several buildings encompassing multiple fire alarm and suppression components. Buildings 1, 2, 11 (an 8 story Hospital with mixed occupancies), 18, 19, 20, 22, 29, 40, 41, 44, 46, 47, 84, 86, 90, 96 (2 story Long Term Living Occupancy), 97, 98a, 98b, 114, 115, and 119 contain fire alarm components and are all included within the scope of the services.
c. Inspection & Testing Schedules: Contractor must be able to meet the following schedule: (Annual/Semi-Annual/3-Year/5-Year/6-Year)
d. February of each year: Annual testing for all fire alarm/suppression components requiring annual inspections +/-30 days from previous year.
e. The final Alarm test for the main building 11 should be coordinated up to 3 months in advance.
f. August of each year: Semi-Annual testing for all components requiring semi-annual testing +/-20 days from previous year.
g. 3rd year Inspection: 3rd year inspections for all dry suppression/Pre-Action systems will be held in/or around September of 2024 2025, and 2027 for either system.
h. 5-year Inspections: The following 5-year ITM for the fire suppression system is performed at the facility +/- 6 months from previous inspection:
i. 5-year Pipe and Valve Inspection of risers in Bldgs. 11,18, 22, 29, 46 & 47 in March 2026.
j. 5-year Pipe and Valve Inspection of risers in Bldgs. 1 & 2 in October 2024.
k. 5-year Pipe and Valve Inspection of Dry Risers in December 2025.
l. 5-year Hydrostatic Test for Fire Department Connections in September 2026.
m. 5-year Hydrant Pressure flow test in March 2026.
n. 5-year Standpipe Inspection in July 2025.
o. 6-year Inspection: Fire Damper Inspections are done every 6 years which will fall in the timeline of this contract in 2026.
6. FIRE ALARM MONITORING
a. Contractor shall provide monitoring and notification to first responders of the campus Fire Alarm System 24 hours/day, 7 days per week for the STVHCS Kerrville, Campus 3600, Memorial Blvd., Kerrville, TX 78028.
b. Fire Alarm System: Contractor shall provide 100% ITM and repair service for all fire alarm devices. Approximate current number of devices is listed below. Additionally, this list is not all inclusive and is intended to serve as a guide to evaluate the level of work required. Devices change periodically as devices are placed in and out of service.
| Devices |
| Amount |
| Duct Detectors |
| 85 |
| Smoke Detectors |
| 91 |
| Water Flow Devices |
| 75 |
| Heat Detectors |
| 71 |
| Pull Stations |
| 187 |
| Audible Devices - Speakers |
| 128 |
| Visual Devices - Strobes |
| 534 |
| Tamper Switches |
| 71 |
| Electromagnetic Releasing Devices |
| 16 |
| CO Detectors |
| 11 |
| Horn Strobe Devices |
| 85 |
| Speaker/Strobe Devices |
| 277 |
| Voice Evacuation Devices |
| 10 |
| Control Panels |
| 14 |
| Power Supply Devices |
| 24 |
| Batteries |
| As Needed |
| Fan Shut Down devices |
| As Needed |
| Communicator device |
| As Needed |
| Initiating devices |
| As Needed |
| Annunciating devices |
| As Needed |
| Supervisory devices |
| As Needed |
| Fire Damper smoke devices |
| As Needed |
c. The fire alarm panel’s sensitivity self-diagnostic report will be reviewed during the inspection. Any detectors reported to be outside of the allowable range will be repaired or replaced.
7. FIRE SUPPRESSION SYSTEM
a. Contractor shall provide 100% ITM and repair service for the following fire suppression devices. Approximate current number of devices is listed below. Additionally, this list is not all inclusive and is intended to serve as a guide to evaluate the level of work required. Devices change periodically as devices are placed in and out of service. The Contractor shall provide all necessary test equipment, parts and labor to perform required inspection, testing, maintenance, and repairs as defined.
| Sprinkler Heads |
| Amount |
| Dry Systems |
| 1 |
| Wet Systems |
| 8 |
| Pre-Action Systems |
| 1 |
| Fire Hydrants |
| 13 |
| Fire Pumps |
| 1 (Capacity: 1000 GPM/60HP Pump/Electric System) |
| Valve Tamper devices |
| 72 |
| Standpipes – 7 floors |
| 4 |
| Risers/Drains |
| 10 |
| Water Flow devices |
| 74 |
8. FIRE DAMPERS
a. The medical center has a combination of approximately 70 fire dampers and fire/smoke dampers between buildings 11 and 96. These shall be inspected IAW NFPA 92, 105, 80.
b. During all onsite work, the Contractor will provide a daily in-brief prior to any work completed and an out-brief prior to departure to the COR. Prior e-mailed coordination shall occur regarding routine ITM in order to ensure COR availability during each cycle.
c. All devices of the fire alarm and suppression system shall have a VA UID number. Vendor may use their own unique identification number in addition to the VA UID numbers. All inventories and inspection reports shall be organized by the VA UID, not the Contractor’s UID.
9. REPAIRS AND PARTS
a. During onsite ITM, contractor shall identify, and document all needed repairs and modifications needed on day of discovery and notify COR during daily out brief.
b. All deficiencies identified by the Contractor shall be repaired and documented by EE number as repaired within 5 calendar days of discovery (pending parts availability from the VA).
c. Documentation will be turned into the COR a business day after the repair is made.
d. If the VA does not have a part on hand, the government may ask the Contractor to see if a part may be obtained more expeditiously. For those instances where the Contractor obtains a part, the Contractor will invoice the part against the contract line item for Contractor provided parts. Contractor-provided parts will be approved by the COR. All parts replaced by the Contractor shall be provided to the government unless core charges apply.
e. The Contractor will have 5 calendar days upon receipt of the part to make repair(s). The Contractor must provide the government a copy of their receipt for those Contractor acquired parts. Documentation and receipt will be turned into the COR a business day after the repair is made.
f. During non ITM and during normal business hours (M-F, 0700-1530, excluding government holidays): two (2) hour response times is required.
g. During non ITM and during after normal business hours/Emergency calls: four
(4) hour response time is required.
h. A hard copy and electronic copy of all findings and repairs will be produced and delivered to the COR (or representative) by the end of the following business day or a separate date/time agreed upon.
10. DELIVERABLES
a. All documentation requirements will be kept current and up-to date. Documented results are due to the COR within five (5) business days after each ITM cycle.
b. Contractor shall provide a report that includes a cover/summary page that shows the following information for Joint Commission and higher headquarters to review:
i. Name of the activity
ii. Date of the activity
iii. Required frequency of the activity (annual, etc.)
iv. Name and contact information, including affiliation, of individual who performed the activity
v. Result of activity
vi. Current NFPA Code used for each inspection
vii. JC standard and inventory of devices tested
b. The report should be separated by Joint Commission Standards (i.e., EC.02.03.05 EP12) and building numbers.
c. Contractor will provide an electronic and hard copy for all ITM, and repair activities covered under this contract which will clearly document all JC and NFPA requirements. COR will guide contractor on format.
d. If a device fails, the Contractor will initiate a Work Order (WO) via electronic correspondence to the COR identifying device (description/UID), location, date, and discovered fault.
e. The same WO will remain open/un-resolved until conclusion of repairs. The comments on a WO will identify all repair activities, UID’s of any equipment removed and new UID’s of any new equipment added to the system. Ultimately the WO must contain the test results after each repair is completed.
f. If a large section of devices or fire zone fails for a prolonged period due to complex repair requirements or awaiting parts, an Interim Life Safety Measure (ILSM) may be required. A prolonged period is defined as greater than 8 hours for a fire alarm system and greater than 10 hours for a fire suppression system within a 24-hour period. The Contractor will initiate this process in accordance with VA policies and guidelines.
11. RECORDS MANAGEMENT:
a. Citations to pertinent laws, codes and regulations such as 44 U.S.C Chapter 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.
b. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.
c. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government ‘IT’ equipment and/or Government records.
d. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.
e. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.
f. The Government Agency owns the rights to all data/records produced as part of this contract.
g. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.
h. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].
i. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.
j. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.
12. PHYSICAL SECURITY AND SAFETY REQUIREMENTS:
a. IDENTIFICATION. Once contract is awarded; all contractors must acquire a VHA contractor badge. Contractors and all workers involved will require a background check. The VA will provide the appropriate forms to submit to Personal Identity Verification office (PIV). Two forms of ID will be needed. The badge will be active for the length of the contract only. COR can provide further instructions after award.
b. The Contractor and their personnel shall follow all VA policies, standard operating procedures, applicable laws, and regulations while on VA property. Violations of VA regulations and policies may result in citation and disciplinary measures for persons violating the law.
c. Contractors must be able to obtain and wear a VA Badge at all times while on site. The Contractor and their personnel shall always wear visible identification while they are on the premises.
d. Smoking is prohibited inside/outside any building other than the designated smoking areas.
e. Possession of weapons on the facility grounds is prohibited.
f. The Contractor shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract.
g. Contractor will obtain work permits from the Facility Engineering Section.
13. INVOICES AND PAYMENTS:
a. Payment to be made monthly, in arrears, following satisfactory performance by Contractor’s personnel and upon receipt of a properly prepared invoice.
b. Contractor shall be required to invoice through the Tungsten System at http://www.tungsten-network.com/us/en/veterans-affairs/. Additional information regarding Tungsten shall be provided upon award.
c. The invoice MUST be itemized to include the following information. Any information listed below, and not provided on an invoice, will render that invoice incomplete and the invoice will be returned for immediate correction:
i. Time period being invoiced for.
ii. Description of services performed.
iii. Unit Cost billed.
iv. Extended amount due.
v. Invoice number, date, and;
vi. Contract and obligation numbers.
14. GOVERNMENT HOLIDAYS.
a. The Government hereby provides notice and Contractor hereby acknowledges receipt that Government personnel observe the listed days as holidays:
| New Year's Day | January 1st | ||
| Martin Luther King's Birthday | Third Monday in January | ||
| Washington’s Birthday | Third Monday in February | ||
| Memorial Day | Last Monday in May | ||
| Juneteenth | June 19th | ||
| Independence Day | July 4th | ||
| Labor Day | First Monday in September | ||
| Columbus Day | Second Monday in October | ||
| Veterans Day | November 11th | ||
| Thanksgiving Day | Fourth Thursday in November | ||
| Christmas | December 25th |
b. In addition to the days designated as holidays, the Government observes the following days:
i. Any other day designated by Federal Statute
ii. Any other day designated by Executive Order
iii. Any other day designated by the President’s Proclamation
c. It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement of compensation. In the event the Contractor's personnel work during the holiday, they may be reimbursed by the Contractor, however, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, other than their normal compensation for the time worked.
15. PROGRAM OFFICE POINTS OF CONTACT:
a. Contracting Officer’s Representative (COR): Tania Delapaz, Fire Technician – Engineering Service, 830-896-2020 x12285, tania.delapaz@va.gov
b. Supervisory POC: Billy Steele, Division Manager – Engineering Service, 830-896-2020 x12737, billy.steele@va.gov
End Statement of Work
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 12.00 |
| MO |
| __________________ |
| __________________ |
Fire Alarm and Fire Suppression System Inspection, Testing, and Maintenance (ITM) IAW SOW Contract Period: Base POP Begin: 06-13-2023 POP End: 06-12-2024
| 12.00 |
| MO |
| __________________ |
| __________________ |
Fire Alarm Monitoring
| 1.00 |
| JB |
| __________________ |
| __________________ |
Annual testing for all fire alarm/suppression components requiring annual inspections IAW SOW
| 1.00 |
| JB |
| __________________ |
| __________________ |
Semi-Annual testing for all components requiring semi-annual testing IAW SOW
| 1.00 |
| YR |
| __________________ |
| __________________ |
Unforeseen Repairs & Parts
Not To Exceed Line Item for which amount will be entered by the Government upon award. All work must be approved by the COR prior to performance.
Contract Period: Base
| 12.00 |
| MO |
| __________________ |
| __________________ |
Fire Alarm and Fire Suppression System Inspection, Testing, and Maintenance (ITM) IAW SOW Contract Period: Option 1 POP Begin: 06-13-2024 POP End: 06-12-2025
| 12.00 |
| MO |
| __________________ |
| __________________ |
Fire Alarm Monitoring IAW SOW
| 1.00 |
| JB |
| __________________ |
| __________________ |
Annual testing for all fire alarm/suppression components requiring annual inspections IAW SOW
| 1.00 |
| JB |
| __________________ |
| __________________ |
Semi-Annual testing for all fire alarm/suppression components requiring annual inspections IAW SOW
| 1.00 |
| YR |
| __________________ |
| __________________ |
Unforeseen Repairs & Parts
Not To Exceed Line Item for which amount will be entered by the Government upon award. All work must be approved by the COR prior to performance.
Contract Period: Option 1
| 1.00 |
| JB |
| __________________ |
| __________________ |
3rd Year inspections for all Dry Suppression IAW SOW
| 1.00 |
| JB |
| __________________ |
| __________________ |
5-year Pipe and Valve Inspection of risers in Bldgs. 1 & 2 IAW SOW
| 12.00 |
| MO |
| __________________ |
| __________________ |
Fire Alarm and Fire Suppression System Inspection, Testing, and Maintenance (ITM) IAW SOW Contract Period: Option 2 POP Begin: 06-13-2025 POP End: 06-12-2026
| 12.00 |
| MO |
| __________________ |
| __________________ |
Fire Alarm Monitoring
| 1.00 |
| JB |
| __________________ |
| __________________ |
Annual testing for all fire alarm/suppression components requiring annual inspections IAW SOW
| 1.00 |
| JB |
| __________________ |
| __________________ |
Semi-Annual testing for all fire alarm/suppression components requiring annual inspections IAW SOW
| 1.00 |
| YR |
| __________________ |
| __________________ |
Unforeseen Repairs & Parts
Not To Exceed Line Item for which amount will be entered by the Government upon award. All work must be approved by the COR prior to performance.
Contract Period: Option 2
| 1.00 |
| JB |
| __________________ |
| __________________ |
3rd Year inspections for all Dry Suppression IAW SOW
| 1.00 |
| JB |
| __________________ |
| __________________ |
5-year Hydrostatic Test for Fire Department Connections IAW SOW
POP Begin: 06-13-2026 POP End: 06-12-2027
| 1.00 |
| JB |
| __________________ |
| __________________ |
5-year Pipe and Valve Inspection of Dry Risers IAW SOW
| 1.00 |
| JB |
| __________________ |
| __________________ |
5-year Hydrant Pressure flow test IAW SOW
| 1.00 |
| JB |
| __________________ |
| __________________ |
5-year Standpipe Inspection IAW SOW
| 1.00 |
| JB |
| __________________ |
| __________________ |
5-year Pipe and Valve Inspection of risers in Bldgs. 11,18, 22, 29, 46 & 47 IAW SOW
| 12.00 |
| MO |
| __________________ |
| __________________ |
Fire Alarm and Fire Suppression System Inspection, Testing, and Maintenance (ITM) IAW SOW Contract Period: Option 3
| 12.00 |
| MO |
| __________________ |
| __________________ |
Fire Alarm Monitoring
| 1.00 |
| JB |
| __________________ |
| __________________ |
Annual testing for all fire alarm/suppression components requiring annual inspections IAW SOW
| 1.00 |
| JB |
| __________________ |
| __________________ |
Semi-Annual testing for all fire alarm/suppression components requiring annual inspections IAW SOW
| 1.00 |
| YR |
| __________________ |
| __________________ |
Unforeseen Repairs & Parts
Not To Exceed Line Item for which amount will be entered by the Government upon award. All work must be approved by the COR prior to performance.
Contract Period: Option 3
| 1.00 |
| JB |
| __________________ |
| __________________ |
6-year Inspection IAW SOW
| 12.00 |
| MO |
| __________________ |
| __________________ |
Fire Alarm and Fire Suppression System Inspection, Testing, and Maintenance (ITM) IAW SOW Contract Period: Option 4 POP Begin: 06-13-2027 POP End: 06-12-2028
| 4002 | ||
| 12.00 | MO | __________________ |
Fire Alarm Monitoring Contract Period: Option 4 POP Begin: 06-13-2027 POP End: 06-12-2028
| 1.00 |
| JB |
| __________________ |
| __________________ |
Annual testing for all fire alarm/suppression components requiring annual inspections IAW SOW
| 4004 |
| 1.00 JB __________________ |
Semi-Annual testing for all fire alarm/suppression components requiring annual inspections IAW SOW Contract Period: Option 4 POP Begin: 06-13-2027 POP End: 06-12-2028
| 1.00 |
| YR |
| __________________ |
| __________________ |
Unforeseen Repairs & Parts
Not To Exceed Line Item for which amount will be entered by the Government upon award. All work must be approved by the COR prior to performance.
Contract Period: Option 4
| 1.00 |
| JB |
| __________________ |
| __________________ |
3rd Year inspections for all Dry Suppression IAW SOW
| GRAND TOTAL |
| __________________ |
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 |
| 52.203-16 |
| PREVENTING PERSONAL CONFLICTS OF INTEREST |
| JUN 2020 |
| 52.203-17 |
| CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS |
| JUN 2020 |
| 52.204-4 |
| PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER |
| MAY 2011 |
| 52.204-13 |
| SYSTEM FOR AWARD MANAGEMENT MAINTENANCE |
| OCT 2018 |
| 52.204-18 |
| COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE |
| AUG 2020 |
| 52.212-4 |
| CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES |
| DEC 2022 |
| 52.228-5 |
| INSURANCE—WORK ON A GOVERNMENT INSTALLATION |
| JAN 1997 |
| 52.232-40 |
| PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS |
| NOV 2021 |
C.2 SUPPLEMENTAL INSURANCE REQUIREMENTS
In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:
(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.
(b) General Liability: $500,000.00 per occurrences.
(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.
(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.
(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 of contract expiration.
(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 of contract expiration; 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 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)
(a) Definition. As used in this clause— United States or its outlying areas means—
(1) The fifty States;
(2) The District of Columbia;
(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;
(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and
(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.
(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).
(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/.
(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.
(End of Clause)
C.6 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)
The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.
(End of Clause) C.7 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.
[X] 852.233–70, Protest Content/Alternative Dispute Resolution.
[X] 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.8 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.9 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)
C.10 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.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)
(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 products and commercial services:
(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 (NOV 2021) (Section 1634 of Pub. L. 115–91).
(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(6) 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 products and commercial services:
[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (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 (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).
[] (5) [Reserved] [] (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. (NOV 2021) (31 U.S.C. 6101 note).
[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
[] (10) [Reserved] [] (11) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).
[] (12) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
[] (ii) Alternate I (MAR 2020) of 52.219-6.
[] (15)(i) 52.219-7, Notice of Partial Small Business…
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