VA248-15-Q-0898.docx

VA248-15-Q-0898

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

RE

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 CONDITIO

NS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD

FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

VA248-15-Q-0898

04-16-2015 Lisame Acharia 561-422-7690 04-30-2015 8am EST Department of Veterans Affairs West Palm Beach VA Medical Center 7305 North Military Trail Palm Beach Gardens FL 33410-6400 x 337127 500 Employees N/A X Department of Veterans Affairs West Palm Beach VA Medical Center 7305 North Military Trail Palm Beach Gardens FL 33410-6400 00548 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) West Palm Beach VA Medical Center North Military Trail Palm Beach Gardens FL 33410-6400

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 See CONTINUATION Page

THIS REQUEST FOR QUOTE (RFQ) IS FOR CUSTOM BUILT FURNITURE

FOR THE WEST PALM BEACH VETERAN AFFAIRS MEDICAL CENTER.

PLEASE REVIEW THE STATEMENT OF WORK LISTED IN THE (RFQ).

OFFEROR SHALL SUBMIT REQUIRED DOCUMENTATION TO DEMONST

RATE

ABILITY TO MEET ALL REQUIREMENTS.

THIS IS A BRAND NAME OR EQUAL (RFQ) OFFERORS SHALL SUBMIT

NEMSCHOFF BRAND NAME OR EQUAL BRAND DESCRIPTIONS IN ORDER

TO BE CONSIDERED RESPONSIVE.

WE ARE REQUESTING OFFEROR TO SUBMIT BEST AND FINAL

PRICE.

IF OFFEROR IS AN AUTHORIZED DISTRIBUTOR OF A COMPANY, THAT

INFORMATION NEEDS TO BE LABELED ON THE QUOTE.

See CONTINUATION Page X X X

LISAME

ACHARIA

CONTRACTING OFFICER

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(continuation from Standard Form 1449, block 18A.)

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 00248 LISAME ACHARIA Department of Veterans Affairs West Palm Beach VA Medical Center

7305 North Military Trail Palm Beach Gardens FL 33410-6400

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

3. INVOICES: Invoices shall be submitted 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.

Department of Veterans Affairs Financial Services Center

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

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes FAR 52.219-4 Notice of Price Evaluation Preference for HubZone Small Business Concerns. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause)

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

This solicitation includes VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, and VAAR 852.215-71, Evaluation Factor Commitments. Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor compliance with the subcontracting commitments.

VA248-15-Q-0898

(End of Clause)

West Palm Beach VA Medical Center Statement of Work – Custom Nemschoff Brand Name or Equal for a Quiet Room, Dayroom and Dining Room Seating and Occasional Tables Project: Mental Health - 3C #548-15-2-501-0020

1. Introduction and Overview This Statement of Work (SOW) references the new and existing In-Patient Acute Care Mental Health unit Dayroom occasional tables, patient lounge seating and Dining Room swivel base dining chairs as enhancements to the Mental Health In-Patient Unit Environment of Care.

These enhancements are based on current and updated treatment model of care for positive outcomes in the acute behavioral care unit as referenced by the Patient Centered Care and Planetree guidelines but also as discussed in the VHA’s planning guide with approved products for use in these units.

The Dayroom is designed to facilitate interactions between patients and staff in a positive manner with safety as a high priority but also the need for physical and psychological comfort as paramount in providing a space that is aesthetically pleasing, with areas for lounging, conversation, recreation therapy and quiet activity. The special seating and occasional tables will support the Recreation Therapy as well as Group Therapy sessions in the Dayroom and Quiet Room.

The Dining Room will serve multiple purposes in addition to serving meals to the in-patients. This space will serve as a group room, a recreation space, staff planning and meeting room and one on one therapy space. Because this room must be “turned over” quickly and efficiently the need to provide furniture that is secured to the floor ensures not only safety but also the room will always appear neat and ready. The space will hold 32 to 34 patients plus staff assisting and supervising so it must also be clear of obstacles at all times. Great care has been taken to incorporate all aspects of dining facility and recreation space within the room but using tamper resistant and anti-ligature fixtures and equipment. The special swivel dining seating that will be bolted to the finished floor will provide a comfortable and supportive seating solution with increased safety detailing to create a multi-purpose space that will promote social dining and group support therapeutic sessions within a safe and nurturing environment.

THIS IS A BRAND NAME OR EQUAL TO NEMSCHOFF:

The custom furniture solutions required are Nemschoff brand name or equal models, features and specs with the necessary security features added in to make all pieces compliant with the high security suicide prevention Mental Health In-Patient unit.

All offerors will be required to include product cut sheets, diagrams, full specs, and photos of those items they are proposing as an equal match to our requirements and specs for the Nemschoff Marsack II seating, the Nemschoff 2300 style chair with numerous custom features and their occasional cube and cylinder tables.

Offerors must include their proposed floor mounting method and tamper resistant fasteners or hardware, samples and specs for the rust resistant stainless steel fasteners, solid surface tops to match a Corian brand or Avonite brand grade B or better for the occasional cube and cylinder tables, the finish detail on the underside of the tables and all seating, the added weight packages as required within each piece of furniture, the dripless edge detail of the table tops, caulk used to seal around the floor mounting bases, gauge of steel covers or bases, shop drawings or schematic drawings, photos and/or a specifications sheet for each item.

To be included in the bid package will be a statement of capability to have their factory authorized local dealer/ distributor or itself receive all items, deliver and install all items and provide any follow up service calls needed.

The offeror(s) will include a warranty statement for all furniture proposed and the installation services to cover a period of no less than 5 (five) years to ensure quality and durability of all products. This warranty statement will include contact information (telephone, email and departments or names) for VA staff requesting service or assistance.

The offeror(s) will include their sustainability and environmental statement for the products being proposed and the Greenguard certification for those items.

Upon award of contract, the manufacturer or contractor will include a products maintenance sheet for the VA housekeeping and FMS staff to be aware of any special cleaning instructions and/or trouble shooting and service or repair instructions for all items.

All offerors will provide past performance documents to include VA Medical Center projects completed within the last 5 years with an emphasis on Mental Health or Behavioral Health in-patient units. The past performance package will include the name of the specifier/designer at each facility, phone number, date of contract, dollar amount and scope. All past performance references will be contacted to verify quality of product build, installation services and customer service or project management skills.

This will be a best value purchase order. A complete package including all the products needed and past performance is necessary for evaluation; incomplete packages will be disqualified.

1.1 Salient Characteristics- Offeror shall provide a Nemschoff brand or equal item. If equal item is proposed, then they shall submit documentation demonstrating product specifications.

Custom Dining Swivel Chair - Quantity 32

The 32 chairs are to be a modified version of the Nemschoff brand Marsack chair, covered in two complimentary vinyl materials, with a swivel base in lieu of legs, with the base attached to the finished floor to prevent movement.

The base of the chair will consist of a swivel action to provide up to 180 degree rotation for ease of entry/exit chair plus to accommodate the viewing of television, facing a speaker or instructor in the room, to allow for face to face group sessions and other clinical type treatment sessions, one on one meetings and group recreational activities. The base will be consist of a round stainless steel plate, with powder coat finish and holes to permit the fastening of the base and chair to the concrete sub-floor using stainless steel tamper resistant and rust resistant hardware. (*Note: shop drawings and hardware proposed will be reviewed by the WPB-VA FMS Project Manager for compliance with safety and durability.)

The chair will have adequate lumbar support with sufficient padding on both the seat and back to provide comfortable seating for an extended period of time. The bottom of the chair should be secured with a 14 gauge steel security panel, fastened with tamper resistant stainless steel hardware to prevent tampering. This under seat steel plate will be finished with powder coat in black to further prevent rust.

The chair will appear as one single piece although a slight wipe thru shall be incorporated to permit easy cleaning. The chair seat and back components will be constructed of solid hardwood with mortise and tenon or dowel joinery and with steel fasteners to hardwood as required to provide product durability and stability when used in this type of environment with hard wear. The foams used will be virgin or clean polyurethane foam with webbing as needed for backs or seats and backs to increase comfort. The seat will have spring wire with sound insulated clips to reduce the possibility of creaking noises. The arms will use a minimum of industrial grade particleboard or hardwood with padding and steel inserts shaped and molded to create the arm cap and urethane foam.

The arm caps will be solid urethane, black or brown, and the bottom of the arms will also be enclosed and capped to prevent tampering or hiding of contraband materials. The sides are to be faux wood grained laminate wrapped to reduce the incidence of torn fabric, scuff marks or other damages. The seat and back covers can be non-replaceable for this type of chair although the possibility of having field replaceable covers is most desirable.

The following image is taken from the VHACO Environmental Programs Service Mental Health Guide for the Planning and Design of In-Patient Mental Health Units. This image depicts the approved Dining Room style of fixed location swivel dining chairs and tables for use in these units and also, the WPB-VAMC approved set up and furniture style. Please note the secured round bases both on the tables and chairs; these are bolted to the floor. We will require rust resistant stainless steel hardware and base plates; the base plates will be powder coated to look less institutional. This image is used as an inspiration and to convey the room aesthetics and layout we will be seeking.

This seating style displays the desired look and effect of the new 3C Mental Health Dining Room however the exposed stainless steel bolts should be covered, countersunk and/or concealed if at all possible.

Custom Dayroom and Quiet Room Seating

Each patient lounge chair will weigh approximately 200lbs, the arm caps be solid urethane (black or brown), the arm panels wrapped in wood grain laminate to reduce any fabric tears and the bases of each arm panel capped off and closed.

The lounge seating will have the underside of each seat closed off and secured by a heavy solid panel of finished wood or steel which will be attached and secured with countersunk tamper resistant screws. The seating pieces should have minimal grip or anchor points.

The seats should be a single upholstered piece and both the seat and back cushions should be should be joined to the base frame cushion without a separation or even a slight indentation which would allow for contraband. There should be secondary moisture barriers on all seat cushions and a wipe-out should be included to facilitate cleaning.

Tamper resistant glides (stainless steel with plastic caps) will be required for use on vinyl floor to resist rust from damp mopping. The panel arms finished in HPL wrap should be moisture resistant and protected by the base cap on the panels. The arm panels and other parts of the seating should have field replaceable components. Seat and back covers should be replaceable by a trained maintenance carpenter or specialty upholstery shop.

The Nemschoff brand Marsack II chair in the photo above illustrates all the components required for meeting the seating requirements of the single and double seat units. This chair style was specifically identified by the Mental Health In-Patient Safety and Clinical Inter-Professional project groups as having the high level of build, security details and anti-ligature features required for the project. Any offeror must match all specifications and details without deviation.

Laminate wrapped arm panels, urethane arm caps and matching base caps on the arms. A wipe-thru detail is used for cleaning with tight seat and back cushions covered in complimentary vinyl materials.

This style of chair has been modified by Nemschoff to meet the needs of the Behavioral Health Environment by adding weight (between 175 and 200 lbs. per seat), removing access to inside components, the addition of a security steel or finished solid wood plate under the seat and laminated arm panels with urethane arm caps and closed bases. All fasteners are concealed and are tamper resistant rust resistant stainless steel. Even the leveling glides for use on vinyl flooring will be tamper and rust resistant.

There will be a total Quantity of 4 (four) two seat Marsack II multiple seating units with intervening arms.

There will be a total Quantity of 1 (one) double or two seat unit without intervening arms for use by Bariatric patients.

There will be a total Quantity of 16 (sixteen) single Marsack II lounge chairs.

Custom Dayroom Activity Chairs

The Nemschoff brand 2300 Series chair for the Dayroom activity tables is depicted in the image above and these single chairs will meet the same specs outlined above for Marsack II with the exception to the weight. These will only weigh 100 lbs each and have vinyl coated glides to protect the vinyl floors from scratches.

There will be a total of 8 (eight) Series 2300 chairs at the Dayroom for use at the special game tables. Note, game tables are not included in this contract.

Custom Dayroom and Quiet Room Occasional /Accent Tables

Side tables and coffee style tables are provided for patients’ use to hold a personal item when not in use, as a solid low surface that feet can be propped on or to serve as possible extra seating space. All tables are weighted and their design limits the possibility of lifting by removing or reducing finger grip points. All tables will be finished on all sides including a sealed base to prevent the hiding of contraband.

All tables will be fitted with a solid surface top secured to the bases with tamper resistant concealed hardware and adhesives and these tops will have eased edges. The activity table tops will have a dripless edge detail to match the dining room style of top and base. Note, the dayroom furniture will be weighted down in lieu of bolted to the floor and these tables are to weigh approximately 200lbs each to prevent lifting.

The tops will be finished with Corian brand or Avonite brand grade 2 or higher solid surface and all tables will have a low luster finish.

The occasional tables will have completely sealed HPL wrapped or finished bases in drum or square shapes, the latter with a 1-1/2” to 3” radius corner to reduce any accidental injuries.

All tables will have tamper resistant stainless steel self-leveling glides. All table undersides will be finished with a steel plate or solid rigid panel to prevent the storing of any contraband materials. This security plate will use tamper resistant stainless steel countersunk fasteners to attach it to the table base.

The tables will have no grip points and will weigh approximately 200 to 250lbs each to prevent lifting.

There will be a total of 6 (six) drum tables, each to be 18” diameter x 21” high to the top.

There will be a total of 5 (five) cube tables with radius corners, each to be 24” wide x 21” high to the top.

The images above are representative of the type of cylinder and radius corner cube style tables required. These images do not include the required solid surface tops to be provided as part of this contract.

1.2 General Instructions:

Any vendor bidding on this contract must be equipped to provide the following along with product specifications and photos:

1. A list of similar Behavioral or Mental Health Healthcare projects completed within the last three years, with special emphasis on VA Medical Centers. The list will include the contract number, date of award, amount, the contract point of contact and the Interior Designer or Specifier for the projects. This list will include their names, title, email address and phone number.

2. Photographs and/or product diagrams that clearly depict all aspects of the products proposed as part of their package.

3. Schematic or detailed shop drawings of any custom products indicating frame and/or base materials used, assembly of pieces proposed and hardware suggested for bolting or securing to the finished floor where indicated including any rust resistant stainless steel hardware and/or finished steel or wood plates for beneath seats, arm caps, and beneath the occasional tables.

5. A company environmental statement including product sustainability statements, LEED certification points and Greenguard certifications.

6. A company statement confirming that the date required for arrival of the entire order at the West Palm Beach VA can be met.

7. Offerors will estimate graded in high performance vinyl upholstery, to be used in a mixed pattern combination, with a minimum abrasion resistance of 200,000 double rubs and to be with bleach cleanable surface. A final combination of vinyl patterns will be selected upon award of contract.

8. Offerors will include sample urethane arm cap material chips, solid surface graded in color selections cut sheets, modified or custom seating and table cut sheets, laminate faux veneer arm wrap material chips and HPL faux wood grain pattern sample chips to match Wilsonart Urban Anigre or Wilsonart Amber Cherry. Final selections will be decided upon award of contract.

1.3 Scope of Services

The Contractor will be responsible for the freight, crating, packaging, receiving, warehousing, assembly and installation of all furniture requested in this SOW. The project order will be installed in two phases with the new Dining Room to be installed first followed by the Dayroom and Quiet Room.

The Dining Room will be shipped first, arrive no later than late May upon receipt of order and the product held up to 45 days at no additional cost to the West Palm Beach VA Medical Center.

The Dayroom and Quiet Rooms are to be shipped and installed together and within their own 45 day holding period.

If the need for extended monthly storage is needed due to unforeseen delays in construction and renovation of the project spaces then the contractor will provide the Contracting Officer a quoted price to be negotiated with the Contracting Officer. A rate that would be fair to both the vendor’s receiving warehouse facility and the WPB-VAMC will be negotiated.

Upon completion of the Dining Room installation, the Day and Quiet Rooms furniture may be scheduled for production and shipping. Shipping will take place between 45 days – 60 days upon completion of the Dining Room. The contractor will receive both phases and hold up to 45 calendar days at no additional cost to the West Palm Beach VA Medical Center.

The Contractor will provide the West Palm Beach VA Medical Center in-house maintenance and housekeeping department’s in-depth training onsite to cover the cleaning, repairing, and/or adjusting of all furniture pieces to be fabricated. This service will be provided upon delivery of each phase to ensure staff is aware of all security features and know how to trouble shoot or identify any problems. The Contractor will provide the VA Interior Designer and trained staff a list of contacts for all warranty service calls and complete contact information for these.

1.4 Period of Performance

Arrival at the WPB-VAMC of the Dining Room portion order is estimated to be late May with the phased delivery of the Dayroom and Quiet Room following the phased period outlined above.

2. References

AutoCAD plans for the new Dining Room, Dayroom and Quiet Room are available for reference upon request.

B.4 Price/Cost Schedule Item Information

LOCAL STOCK NUMBER: Special Custom Furniture -

B.5 Delivery Schedule

1.00

Page 1 of

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

(End of Addendum to 52.212-4)

C.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAR 2015)

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

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

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

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(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 (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).

[] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (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. (Aug 2013) (31 U.S.C. 6101 note).

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

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

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

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

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

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

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

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

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

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

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

[X] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2014) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (Oct 2001) of 52.219-9.

[] (iii) Alternate II (Oct 2001) of 52.219-9.

[] (iv) Alternate III (OCT 2014) of 52.219-9.

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

[] (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

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

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

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

[] (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

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

[X] (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2014) (E.O. 13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

[X] (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

[X] (29) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212).

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

[X] (31) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).

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

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

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

[] (34) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

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

[] (ii) Alternate I (JUN 2014) of 52.223-13.

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

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

[] (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).

[] (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (JUN 2014) (E.O.s 13423 and 13514).

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

[X] (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [X] (41) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

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

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

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

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

[] (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (44) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[] (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

[X] (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

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

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

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

[] (1) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

[] (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).

[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (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).

[] (7) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

[] (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

[] (9) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

[] (10) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 13658).

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

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

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212).

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

(vii) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).

(viii) 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.

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

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

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

(xi) 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).

(xii) 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).

(xiii) 52.222-54, Employment Eligibility Verification (AUG 2013).

(xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

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

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 13658).

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

(End of Clause)

C.2 52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (DEC 2011)

(a) Definitions. As used in this clause— "Acquisition function closely associated with inherently governmental functions" means supporting or providing advice or recommendations with regard to the following activities of a Federal agency:

(1) Planning acquisitions.

(2) Determining what supplies or services are to be acquired by the Government, including developing statements of work.

(3) Developing or approving any contractual documents, to include documents defining requirements, incentive plans, and evaluation criteria.

(4) Evaluating contract proposals.

(5) Awarding Government contracts.

(6) Administering contracts (including ordering changes or giving technical direction in contract performance or contract quantities, evaluating contractor performance, and accepting or rejecting contractor products or services).

(7) Terminating contracts.

(8) Determining whether contract costs are reasonable, allocable, and allowable.

"Covered employee" means an individual who performs an acquisition function closely associated with inherently governmental functions and is—

(1) An employee of the contractor; or

(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures.

"Non-public information" means any Government or third-party information that—

(1) Is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552) or otherwise protected from disclosure by statute, Executive order, or regulation; or

(2) Has not been disseminated to the general public and the Government has not yet determined whether the information can or will be made available to the public.

"Personal conflict of interest" means a situation in which a covered employee has a financial interest, personal activity, or relationship that could impair the employee's ability to act impartially and in the best interest of the Government when performing under the contract. (A de minimis interest that would not "impair the employee's ability to act impartially and in the best interest of the Government" is not covered under this definition.)

(1) Among the sources of personal conflicts of interest are—

(i) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household;

(ii) Other employment or financial relationships (including seeking or negotiating for prospective employment or business); and

(iii) Gifts, including travel.

(2) For example, financial interests referred to in paragraph (1) of this definition may arise from—

(i) Compensation, including wages, salaries, commissions, professional fees, or fees for business referrals;

(ii) Consulting relationships (including commercial and professional consulting and service arrangements, scientific and technical advisory board memberships, or serving as an expert witness in litigation);

(iii) Services provided in exchange for honorariums or travel expense reimbursements;

(iv) Research funding or other forms of research support;

(v) Investment in the form of stock or bond ownership or partnership interest (excluding diversified mutual fund investments);

(vi) Real estate investments;

(vii) Patents, copyrights, and other intellectual property interests; or

(viii) Business ownership and investment interests.

(b) Requirements. The Contractor shall—

(1) Have procedures in place to screen covered employees for potential personal conflicts of interest, by—

(i) Obtaining and maintaining from each covered employee, when the employee is initially assigned to the task under the contract, a disclosure of interests that might be affected by the task to which the employee has been assigned, as follows:

(A) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household.

(B) Other employment or financial relationships of the covered employee (including seeking or negotiating for prospective employment or business).

(C) Gifts, including travel; and

(ii) Requiring each covered employee to update the disclosure statement whenever the employee's personal or financial circumstances change in such a way that a new personal conflict of interest might occur because of the task the covered employee is performing.

(2) For each covered employee—

(i) Prevent personal conflicts of interest, including not assigning or allowing a covered employee to perform any task under the contract for which the Contractor has identified a personal conflict of interest for the employee that the Contractor or employee cannot satisfactorily prevent or mitigate in consultation with the contracting agency;

(ii) Prohibit use of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Obtain a signed non-disclosure agreement to prohibit disclosure of non-public information accessed through performance of a Government contract.

(3) Inform covered employees of their obligation—

(i) To disclose and prevent personal conflicts of interest;

(ii) Not to use non-public information accessed through performance of a Government contract for personal gain; and

(iii) To avoid even the appearance of personal conflicts of interest;

(4) Maintain effective oversight to verify…