S02 36C25724Q0860.pdf

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Attached to
Bldg. 221 HVAC Repairs Federal contract opportunity
Solicitation number
36C25724Q0860
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 17

About this file

This document is a solicitation for a HVAC repair project on buildings at the Olin E. Teague Veterans' Center in Temple, TX. The contractor will be responsible for providing labor, materials, and equipment to repair and modify the outside air units and hydronics in the Long-Term Care Facility. The work is set aside for certified Service-Disabled Veteran-Owned Small Businesses (SDVOSBs) and the contract will be for a one-year period. Key dates include a technical question deadline of August 13, 2024, site visits on August 7-8, 2024, and the offer due date of August 16, 2024. The government will evaluate offers based on technical capability, past performance, and pricing. Award will be made to the best value offeror. Pricing is to be submitted as flat rates per line item, with a price acceptance period of 90 calendar days.

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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

674-24-4-5066-0183

36C25724Q0860 07-29-2024

Melanie Williams 210-694-6378 08-16-2024 1:00pm CDT

36C257 Department Of Veterans Affairs Network Contracting Office 17

5441 Babcock Road Ste. 302 San Antonio TX 78240

X 100

X

238220

$19 Million

N/A

X

36C674

Department of Veterans Affairs Olin E. Teague Veterans' Center 1901 Veterans Memorial Drive

Temple TX 76504

36C257

Department Of Veterans Affairs Network Contracting Office 17

5441 Babcock Road Ste. 302 San Antonio TX 78240

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

The contractor shall be responsible for providing labor, materials, and equipment for the repairs and modifications to the Long-Term Care Facility outside air units and the hydronics as outlined within the Scope of Work (SOW).

The ensuing contract from this solicitation will be for a one-year contract from the date of award.

See Addendum to FAR 52.212-1 on Page 36 for additional information.

See CONTINUATION Page

X X

X 1

36C25724Q0860

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 SCOPE OF WORK

B.3 PRICE/COST SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024)

C.3 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.4 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.5 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.6 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.7 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 27

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

1998)

E.2 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.4 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

E.5 ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL

ITEMS

E.4 BASIS FOR AWARD

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

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: Contract Specialist-Melanie Williams melanie.williams5@va.gov

Department of Veterans Affairs Network Contracting Office (NCO) 17 5441 Babcock Road, Suite 302 San Antonio, TX 78240

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 monthly in arrears.

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

B.2 SCOPE OF WORK

SCOPE OF WORK

HVAC Repair Project

1.1 Requirements

a. The contractor shall be responsible for providing labor, materials, and equipment for the repairs and modification to Long Term Care Facility outside air units and the hydronics.

Work performed will be located at Buildings 221A, 221B, 221C, 221D, and 221M of the Olin E. Teague Veterans’ Center located in Temple, TX. After all work is completed, the contractor shall have a walkthrough with Government representative or with the Contracting Officer Representative (COR) to ensure all work is completed.

b. The Government will only provide access to the location. It is the sole responsibility of the Contractor to meet the requirements of this project without any other assistance from the Government.

c. The Contractor shall contact the COR fourteen (14) days prior to starting work to allow for coordination.

d. The Contractor shall protect all government property from damage.

e. The Contractor shall provide all skilled personnel, services, vehicles, transportation, tools, equipment, materials, supplies, facility supervision, administration supervision and any other item(s) necessary to perform and accomplish the services outlined. The contractor shall be familiar with all the terms, conditions, and requirements herein contained. All work must comply with federal, state, and local regulations.

f. The Contractor shall obtain all required permits, certifications, and inspections.

g. Contractor and all associated subcontractor employees shall comply with applicable facility and local security policies and procedures. Contractor shall provide names of Contractor and Subcontractor employees to the COR or Government representative. VA will issue contractor badge/pass to contractor and subcontractor employees, as applicable. Employee list shall include name, title, qualifications and responsibilities like hazardous materials, PPE, fire safety penetrations, material disposal, lock-out/tagout, etc.

h. The Contractor shall provide one (1) year performance agreement labor and material in addition to the manufacturer’s warranty on repairs performed. Contractor shall provide a warranty management plan copy. The warranty period shall begin on the date of project acceptance and shall continue for the full product warranty period.

i. All work shall be done according to the Infection Control Risk Assessment (ICRA) specified for the respective areas where work is performed.

j. The Contractor shall document all work in daily reports emailed to the COR at the end of each work week.

k. The contractor shall establish a weekly coordination meeting with the COR to discuss past performance, project goals and the current status of the project.

1.2 Note: The Contractor shall field verify all existing conditions, measurements, and working space to install, remove, or fabricate any requirements for this project. The new system must fit into existing footprint.

1.3 Note: The Contractor shall provide a written Method of Procedure (MOP) for all outages five (5) days prior to starting work.

1.4 Place of Performance:

Olin E. Teague Veterans’ Center 1901 Veterans Memorial Drive

Temple, TX 76504

1.5 Performance Period: 9/30/2024 – 9/29/2025

1.6 Program Office Points of Contact:

1. Contracting Officer’s Representative (COR): Michael Stanley | M & O Supervisor, Engineering Service | 254-493-6226 | Michael.Stanley5@va.gov

2. Alternative (COR): Rogers Adams | Maintenance Supervisor, Engineering Services | 254-987-2628 | Roger.Adams@va.gov

2.0 Project Requirements:

1. Design and provide eighteen (18) water source Heat Pump Dedicated Outside Air Units

(DOA).

a. Reference Attachment 1 for current design schedule.

b. Contractor shall provide and install pre-heat coils or freeze protection.

c. Units that are submitted shall be like existing units or equivalent.

d. Design shall address air flow and units shall be equipped to provide constant air movement for ventilation and building pressures per Joint Commission Standards.

e. Design shall address humidity and units shall be equipped with dehumidification sequence.

f. Unit design and proposed replacement unit shall be submitted and approved by COR prior to contractor purchase.

g. Primary unit condensate drain shall be separate from secondary pan drain. Unit shall be suspended or elevated above the drain pan height to allow service and easy access. Slope of primary drain lines shall be 1/8 inch per foot minimum.

h. Provide drain pans with drain lines to common building drain with air gap. Drain Pans shall be equipped with ball valves at the discharge of the pan. New float switches shall be provided for each Unit. Unit shall be suspended or elevated above the drain pan height to allow service and easy access. Slope of primary drain lines shall be 1/8 inch per foot minimum.

i. Primary unit condensate drain shall be of copper, with pee depth of trap shall be equal to operating external pressure of the unit plus four inches.

j. Contractor shall provide new electrical wiring and raceways from the existing disconnect if existing electrical is not adequate. Use of existing electrical shall be first approved by the COR at each unit.

2. Design and provide adequate Outside Air (OA) Duct for all DOA’s.

a. Duct work and transitions are to be designed and installed per SMACNA Standard.

b. Discharge side of unit shall be connected to existing duct work with flexible connections.

c. Outside air duct shall be designed and installed to allow proper spacing and coil coverage.

d. Outside air louvers shall be designed to allow 20 % more air flow capacity than required by unit design.

e. Design and provide outside air plenum with a minimum of a 2-inch-filter rack.

f. Provide three (3) changes of Merv 10 Air Filters per unit for the designed filter rack.

g. Filter size shall be designed and installed to allow 500 fpm at the filter.

h. Steel cat walks shall be provided and installed to allow easy access to filter racks.

3. Hydronics line

a. Reconfigure main condenser water lines that serve all attic units from the top or horizontal connections to DOA’s and water source heat pumps (WHP’s).

b. Isolation valves shall be designed and installed at supply and return condenser water lines for the first floor and the attic.

c. Install drain taps / flush taps at each Building and floor.

d. Provide and install a hydronic filter sock at the Mechanical yard.

e. Contractor shall flush the entirety of the hydronic system at completion of pipe alterations.

f. Contactor shall refill with water with contractor provided chemical treatment.

2.1 Documentation: The COR will provide the contractor with copies of the Long-Term Care Facility projects based upon availability and need.

a. The contractor shall request other government documentation deemed pertinent to the work accomplishment directly from the COR. The contractor shall consider the COR as the final source for needed government documentation when the contractor fails to secure the documents by other means. The contractor is expected to use common knowledge and resourcefulness in securing all other reference materials, standard industry publications, and related materials that are pertinent to the work.

b. Communications: The contractor shall maintain frequent communications with the COR and other designated Veterans Health Administration (VHA) staff and the VA Team to conduct work in progress reviews. Progress reports shall be delivered to the COR and other authorized assigned VA representative or designee on a weekly basis via electronic mail.

2.2 Contractor Requirements, Confidentiality and Non-Disclosure

a. The contractor shall follow all Government rules and regulations regarding information security to prevent disclosure of sensitive information to unauthorized individuals or organizations.

b. Contractor staff and management may have access to some privileged and confidential materials of the United States Government such as budget and strategic plans. These printed and electronic documents are for internal use only, are not to be copied or released without permission, and remain the sole property of the United States Government. Some of these materials may be protected by the Privacy Act of 1974 (revised by PL 93-5791) and Title 18. Unauthorized disclosure of Privacy Act or Title 18 covered materials is a criminal offense.

c. Regulatory standard of conduct governs all personnel directly and indirectly involved in procurements. All personnel engaged in procurement and related activities shall conduct business in a manner above reproach and, except as authorized by statute or regulation, with complete impartiality and with preferential treatment for none. The general rule is to avoid strictly any conflict of interest or even the appearance of a conflict of interest in Government-contractor relationships.

2.3 Personnel Considerations

a. Personnel assigned by the contractor to the performance of work on this contract shall be acceptable to VA in terms of personal and professional conduct and technical knowledge. Should the assignment to this contract of any person by the contractor be deemed to conflict with the interests of VA, or in the event performance is deemed to be unsatisfactory at any time during the life of the contract, the Contracting Officer may notify the contractor and request the person be immediately removed from the assignment. The reason for removal will be documented and a request to receive key personnel replacement within three (3) business days of the notification will be made.

Replacement key personnel qualifications shall be equal to or greater than those of the key personnel being replaced. Employment and staffing difficulties will not be justification for failure to meet established schedules.

b. The contractor must notify VHA ten (10) calendar days in advance and the Project Manager (PM) or COR will approve or reject new proposed contractor key personnel for the performance of this contract. The contractor shall submit a resume of qualifications and the Contractor Personnel Change Control form to the PM or COR and all other direct employees proposed for the project. The PM or COR will approve all contractor employees prior to bringing on duty via Contractor Personnel Change Request Form, at any time from date of award to the end of the contract, contractor personnel are no longer available, the VHA will approve the qualifications of proposed replacement key personnel. All contractor employees are subject to immediate removal from performance of this contract when they are involved in a violation of the law, VA security, confidentiality requirements, and/or other disciplinary reasons.

3.0 Deliverables and Tasks

a. Satisfactory completion of the contract shall be measured by completion of the listed deliverables and tasks identified. Completion of deliverables shall remain within the scope of the approved Statement of Work.

3.1 Deliverables – Submittals – Schedules:

a. Contractor shall submit the data material cutsheets and all catalog material for Outside Air Units, Hydronics, and materials to the COR for approval before purchasing of any equipment or parts for this job.

b. Provide a schedule that demonstrates complete fulfillment of all contract requirements.

The schedule shall include milestone dates, including equipment ordering and delivery dates, activity start and end dates, estimates, and activity description. The schedule shall be submitted as part of the work performance timetable and shall be approved prior to receiving the notice to proceed.

c. An updated schedule shall be submitted prior to progress meetings as work progresses.

d. Contractor shall submit all permits associated with the installation project prior to receiving notice to proceed.

e. Submittals shall be approved prior to ordering any equipment: Manufacturer’s complete technical literature.

f. After award Contractor shall submit all COR-approved equipment purchased with technical data to include warranty information.

4.0 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 1

Martin Luther King’s Birthday 3rd Monday in January Washington’s Birthday 3rd Monday in February Memorial Day Las Monday in May Juneteenth June 19 Independence Day July 4 Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veterans Day November 11 Thanksgiving Day 4th Thursday in November Christmas Day December 25

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

a. Any other day designated by Federal Statute

b. Any other day designated by Executive Order

c. Any other day designated by the President’s Proclamation

5.0 Invoices and Payment

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 contract shall have current registration in the System for Award Management (SAM) for this solicitation; URL: www.sam.gov.

d. 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 and date

vi. Contract number and Purchase Order (PO) number

6.0 Other Considerations

b. The contractor will be required to submit a safety plan for VA review and approval prior to the performing work.

a. It is the contractor’s responsibility to provide adequate documentation verifying that any equipment and/or materials proposed will meet or exceed all federal government requirements.

b. Work shall be performed during normal working hours unless otherwise noted by the COR. Working hours are 0700 – 1630, Monday – Friday.

c. The contractor’s supervisor shall always be available to address any needs the COR may have during the period of performance. All employees or sub-contractors shall be accountable solely to the Contractor, not the Government.

http://www.tungsten-network.com/us/en/veterans-affairs/ http://www.tungsten-network.com/us/en/veterans-affairs/ http://www.tungsten-network.com/us/en/veterans-affairs/ http://www.tungsten-network.com/us/en/veterans-affairs/ http://www.tungsten-network.com/us/en/veterans-affairs/ http://www.tungsten-network.com/us/en/veterans-affairs/ http://www.sam.gov/ http://www.sam.gov/ http://www.sam.gov/

d. The contractor shall be required to coordinate work activities and shutdowns with COR and Government representative.

e. The contractor shall thoroughly clean inside and outside of project site daily with contractor’s own equipment, including vacuums, mops, buckets, wash rags, dust mops, etc.

f. The Government will not provide facilities or staging area for the Contractor’s use to support this contract. The contractor is responsible for all shipping, receiving, storage and security of any materials or equipment for the duration of this project.

g. The Government will provide water and electrical utilities. All utilities in the facility will be available for the Contractor’s use in performance of tasks outlined in this SOW. The Contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish cleaning vehicles and equipment.

h. Contractor personnel’s conduct shall not reflect discredit upon the Government.

i. The Contractor shall ensure that personnel present a professional appearance.

j. The Contractor’s employees shall observe and comply with all local policies and procedures concerning fire, safety, environmental protection, sanitation, security, and possession of firearms or other lethal or illegal weapons or substance.

k. The Contractor is responsible for ensuring that any Contractor employees providing services under this contract conduct themselves and perform services in a professional, safe, and responsible manner.

l. The Contractor shall remove from the job site any employee for reasons of misconduct or security.

m. The Contractor shall ensure no contractor employees conduct political related activities or events on VA Facilities.

n. The Contractor shall notify the COR of any accidents requiring medical treatment.

Emergency medical treatment and services for Contractor personnel is the responsibility of the Contractor.

7 .0 Codes and Standards

a. The project shall be in accordance with the latest Uniform Building Code (UBC), National Fire Protection Associate (NFPA) standard, Uniform Federal Accessibility Standard (UFAS), Inspectors Manual, VA Specifications and Standards, and local facility requirements. In the event there is a conflict between any of the standards/codes, the more stringent standard/code shall apply.

b. The contractor shall provide all applicable safety signage and barricades applicable to

OSHA, VHA and DOD regulations. Contractor shall comply with VHA DIRECTIVE 2004- 012 and all VA Center Policy Memorandums, including but not limited to the following:

i. Protection of patients, visitors, and employees from traumatic injury, as well as occupational and facility–associated infections.

ii. Compliance with EPA and State environmental regulations.

8.0 Safety Plan Requirements

a. Prior to performing any work, the contractor will be required to submit a safety plan in accordance with OSHA and VA Regulations. The safety plan shall include, but not limited to the following:

i. must follow NFPA 70E electrical safety and PPE requirements

ii. Safety and Health Policy (i.e. company policy)

iii. Safety and Health Objectives (i.e. company goals, procedures, etc.)

iv. Job Site Inspections (i.e. safety inspection/potential hazards/prevention, etc.)

v. Contractor Safety Administrator (i.e. competent person/safety officer)

vi. Personal Protective Equipment (i.e. head, hearing, and eye protection, footwear, clothing, gloves, etc.)

vii. Safety Rules (i.e. rules applicable to the work/task being performed, equipment, ladders, confined spaces, open flame, etc.)

viii. Job Safety Training (i.e. OSHA, safety meetings, etc.)

ix. Safety Discipline (i.e. correction of violations, etc.)

x. Hot Work Permit (i.e. responsibilities, procedures, etc.)

xi. Emergency Procedures (i.e. responsibilities, procedures, etc.)

xii. Written Hazard Communication Program (i.e. responsibilities, procedures, list of hazards, MSDS, etc)

9.0 Safety Inspections

a. On a weekly basis, the VA will conduct a safety inspection of the work area. This inspection includes, but is not limited to the following:

i. Means of Egress

• Fire/Smoke Doors unlocked, free of obstructions.

• Means of Egress (includes Exits) free of obstructions and clearly marked.

c. Fire Alarm, Fire Detection, and Fire Suppression Systems.

• Fire Alarm Pull Stations are unobstructed.

• Smoke detector smoke caps in use or removed at end of the day.

• Hot Work Permits are current and in use.

• Sprinkler heads are unobstructed.

d. Housekeeping and Traffic Control

• Trash and debris are removed promptly and transported outside the work area.

• Floor mats and dust tack mats are located at the entrance area.

• Tools and equipment are properly stored.

• Signs installed to restrict patient access (doors locked as needed)

• Dust control measures are in place.

• Barriers are in place and properly sealed.

e. Hazardous Chemicals/Conditions

• Appropriate storage of hazardous chemicals.

• MSDS sheets are readily available on-site.

• Lock out/tag out procedures are in place.

• Hot work permit is current and posted.

f. Clothing

• PPE is available and properly worn.

• Clothing is relatively dust free within the work area and patient areas.

(End Statement of Work)

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

T UNIT PRICE AMOUNT

1.00 JB _______________

Design and provide eighteen (18) water source Heat Pump Dedicated Outside Air Units (DOA) PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

2. Design and provide adequate Outside Air (OA) Duct for all DOA’s PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, Hydronics Lines: a. Reconfigure main condenser water lines that serve all attic units from the top or horizontal connections to DOA’s and water source heat pumps (WHP) PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, 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):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

FAR

Number

Title Date

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST JUN 2020

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

NOV 2023

52.228-5 INSURANCE—WORK ON A GOVERNMENT

INSTALLATION

JAN 1997

(End of Clause)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

(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 Covered Entities (DEC 2023) (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) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 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) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712);

this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

[X] (5) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (6) [Reserved]

[] (7) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (8) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (9) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

[] (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115–390, title II).

[] (11)(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition.

(DEC 2023) (Pub. L. 115–390, title II).

[] (ii) Alternate I (DEC 2023) of 52.204–30.

[X] (12) 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).

[] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(OCT 2018) (41 U.S.C. 2313).

[] (14) [Reserved]

[] (15) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[] (16) 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).

[] (17) [Reserved]

[] (18)(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.

[] (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[X] (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

[] (21)(i) 52.219–9, Small Business Subcontracting Plan (SEP 2023) (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 (JUN 2020) of 52.219–9.

[] (v) Alternate IV (SEP 2023) of 52.219–9.

[] (22)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[X] (23) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[] (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.

637(d)(4)(F)(i)).

[] (25) 52.219–27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

[X] (26) (i) 52.219–28, Post-Award Small Business Program Representation (FEB 2024) (15 U.S.C. 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219–28.

[] (27) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

[] (28) 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 (OCT 2022) (15 U.S.C. 637(m)).

[] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (30) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[X] (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[] (32) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126).

[X] (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (34)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[X] (35)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JUL 2014) of 52.222-35.

[X] (36)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.

793).

[] (ii) Alternate I (JUL 2014) of 52.222-36.

[X] (37) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[X] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

[X] (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (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] (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[] (41)(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.)

[] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).

[X] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).

[] (44) 52.223-20, Aerosols. (MAY 2024) (42 U.S.C. 7671, et seq.).

[] (45) 52.223-21, Foams (MAY 2024). (42 U.S.C. 7671, et seq.).

[X] (46) 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C.

8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671I).

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

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

[] (48)(i) 52.225-1, Buy American—Supplies (OCT 2022) (41 U.S.C. chapter 83).

[] (ii) Alternate I (OCT 2022) of 52.225-1.

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved].

[] (iii) Alternate II (DEC 2022) of 52.225-3.

[] (iv) Alternate III (FEB 2024) of 52.225-3.

[] (v) Alternate IV (OCT 2022) of 52.225-3.

[] (50) 52.225–5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (52) 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. Subtitle A, Part V, Subpart G Note).

[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C.

5150).

[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

[X] (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving

(MAY 2024) (E.O. 13513)

[X] (56) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).

[] (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[] (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services

(NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[X] (59) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management

(OCT 2018) (31 U.S.C. 3332).

[] (60) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

[] (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.

637(d)(13)).

[] (64)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

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

[] (iii) Alternate II (NOV 2021) 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 products and commercial services:

[X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[X] (2) 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 Heating, Ventilation, and Air $21.80

[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

[] (4) 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).

[] (5) 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).

[] (6) 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] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026

(JAN 2022).

[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(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, as defined in FAR 2.101, on the date of award of this contract, 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 products or commercial services. 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 (NOV 2021) (41 U.S.C.

3509).

(ii) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).

(iii) 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)).

(iv) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115–91).

(v) 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).

(vi) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition.

(DEC 2023) (Pub. L. 115–390, title II).

(B) Alternate I (DEC 2023) of 52.204–30.

(viii) 52.219–8, Utilization of Small Business Concerns (FEB 2024) (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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

(xi) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(xii) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(xiii) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xiv) 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.

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

(xvi)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (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).

(xvii) 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).

(xviii) 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).

(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xxi) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

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

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

(xxiii) 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. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226- 6.

(xxv) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph

(c) of 52.232–40.

(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

C.3 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.

C.4 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.5 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.6 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(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 certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and…

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