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Conformed Solicitation with Amendment 0004

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SEE ADDENDUM

(No Collect Calls)

W81K0219Q0022 11-Jan-2019

b. TELEPHONE NUMBER

808-438-5109

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 15 Feb 2019

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W81K029. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CHARIS K. NAITO

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0011260603

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

W40M REGIONAL HEALTH CONTRACTING OF

REGIONAL HEALTH CONTR OFC PACIFIC

BLDG 339 CLARK ROAD

FT SHAFTER HI 96858-5098

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

.FAX:

TEL: . SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$20,500,000

NAICS:

811219

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF148

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W81K0219Q0022

Section SF 30 - BLOCK 14 CONTINUATION PAGE

SITE VISIT INFORMATION

Site Visit Information:

Date: January 29, 2019 Meet Time: 0900 Meet Location: Tripler - Main Oceanside entrance at Information Desk Locations to be visited: Bldgs 1, 4, 10 & 40

Date: January 29, 2019 Meet Time: 1300 Meet Location: Fort Shafter - Bldg 339 front lobby

Date: January 30, 2019 Meet Time: 1300 Meet Location: Schofield Barracks Health Clinic - Bldg 660 front lobby

Base Access: Contractors will be required to secure daily vehicular base passes. Required documentation in gaining day passes include a valid driver's license, safety check, registration and insurance.

Parking: Parking is limited on all posts, contractors need to give themselves ample time to find parking. For Tripler, contractors may want to park in the lowest parking lot and walk up to the main entrance.

RSVP: If you would like to attend the site visits, email your request to charis.k.naito.civ@mail.mil no later than January 24, 2019, 1000 AM HST.

Please be advised that NO questions will be answered during the site visits. All questions arising from the site visits must be submitted in writing to charis.k.naito.civ@mail.mil no later than January 31, 2019, 1000 AM HST. An amendment will be posted to provide answers to any questions.

SITE VISIT QUESTIONS & ANSWERS

Solicitation W81K0219Q0022 Maintenance and Repair of Medical Gas, Vacuum, Compressed Air and Nitrogen Equipment

Site Visit Question and Answers

Question 1:

Page 6, Contract Line Item Number (CLIN) 0005 CMR 31 October 2019 (BASE PERIOD). The contractor is required to comply initially and annually with the requirements stated in the Performance Work Statement (PWS), paragraph 3.11. Reporting period will be for the period of performance not to exceed 12 months ending 30 September of each government fiscal year. This report must be completed by 31 October of each calendar year.

Paragraph 3.11 references Labeling. Is there a possibility that paragraph 3.12, Reports should have been referenced?

If not, shall contractors provide an amount for Labels? With the Base Period of 1 April – 31 March 2020, shouldn’t reports be completed by April 30?

Answer 1:

See Amendment 0002, which corrects the PWS paragraph reference from paragraph 3.11 to paragraph 8, for CLINs 1005, 2005, 3005, and 4005 – 4006. The completion dates are based on fiscal years.

Question 2:

Page 52, paragraph 3.3: The Contractor shall provide the COR the annual maintenance plan for each oxygen tank within 30 days of award. Please explain the term oxygen tank as it applies to this solicitation.

Answer 2:

See Technical Exhibit 1, which includes two bulk liquid oxygen tanks located at Building 10 (2F exterior, in driveway area). Also, see updated PWS paragraph 3.3., which states, “The Contractor shall provide the COR the annual maintenance plan for each oxygen tank within 30 days of the start of the period of performance.”

Question 3:

Page 53, paragraph 3.4.1, Daily Services: Please specify/clarify/ describe what is meant by “daily services” in relation to medical gas source equipment, alarms, and zone valves. Generally these items do not require daily service as opposed to daily inspection.

Answer 3:

Daily Services (i.e. inspection, maintenance, etc.) of PWS 3.4.1 shall be per PWS paragraph 1.1.

Question 4:

Page 54, paragraph 3.9, Acrylic Holders: States that drawings shall be no less than 9” x 12” in size. Would the Contracting Officer consider a standard paper size of 8-1/2” x 11”?

Answer 4:

See Amendment 0002 for updated PWS paragraph 3.9.

Question 5:

I am very impressed with standards for TAMC signage. Would the Contracting Officer consider integrating Medical Gas System Plan with TAMC Signage standards?

Answer 5:

No, it is not in the plans to integrate.

Question 6:

Page 54, paragraph 3.9, Acrylic Holders: Are these holders currently in place containing the required information?

Will they be removed at the end of the current contract and require replacement by a new Contractor?

Answer 6:

Approximately 95% are in place with the required information. They will not be removed at the end of current contract.

Question 7:

Page 54, paragraph 3.10, Medical Gas System Plans, Line Diagrams and Legends: Within 30 days after award, the contractor shall provide the Government with one hard copy and one electronic copy of all medical gas system plans and line diagrams. Will the Contracting Officer provide base floor plans of the subject area? If so, what kind of format will this information be provided?

Answer 7:

Per Amendment 0002, Enclosure 1, base floor plans are available via email request to charis.k.naito.civ@mail.mil.

Requestors must show proof of registration in the System for Award Management (SAM) and sign a For Official Use Only memo.

Question 8:

Page 54, paragraph 3.10, Medical Gas System Plans, Line Diagrams and Legends: Will the Government provide the Contractor with the current Medical Gas System Plans, Line Diagrams, and Legends as a basis for verifying and updating this information? What is the effective date of such current information?

Answer 8:

Per Amendment 0002, Enclosure 1, piping plans (effective date is January 2019) are available via email request to charis.k.naito.civ@mail.mil. Requestors must show proof of registration in the System for Award Management (SAM) and sign a For Official Use Only memo.

Question 9:

Page 54, paragraph 3.11, Labeling: Electrical circuit labels, the Contractor shall provide and affix circuit labels to alarm panels. Will the Contracting Officer provide electrical circuit information for labels? If not, is the Contractor responsible for determining the electrical circuit?

Answer 9:

At this time, the Government will not provide the electrical circuit information. The contractor is responsible for identifying any missing electrical circuit labels found and coordinate with the Government to identify the electrical circuits.

Question 10:

Pages 54 and 55, paragraph 3.11, Labeling: The contractor shall remove all labels that do not meet NFPA, manufacture or Government labeling criteria. Can the Contracting Officer provide and/or define Government labeling criteria? An example would be helpful.

Answer 10:

Government Criteria is Defense Medical Logistics Standard Support (DMLSS) Real Property Installed Equipment (RPIE) labels. For example, for valve, RPIE standard format is ZV3CMV-62 (means zone valve at location 3rd floor C wing, medical vacuum – valve number 62).

Question 11:

Pages 54 and 55, paragraph 3.11, Labeling: Is labeling currently affixed to each piece of equipment? If so, is it to be removed and replaced? Are all surfaces where the labels are to be affixed the same color?

Answer 11:

No, labeling is not currently affixed to each piece of equipment. All surfaces may vary in color.

Question 12:

Page 55, paragraph 3.11.1, Piping shall be labeled... Can the Contracting Officer quantify required labeling?

Paragraph 3.5.4 Emergency Service work and paragraph 3.6 Standby Service had estimated quantities for bid preparation.

Answer 12:

See Amendment 0002 for updated PWS paragraph 3.11.1. Per Amendment 0002, Enclosure 1, base floor plans are available via email request to charis.k.naito.civ@mail.mil. Requestors must show proof of registration in the System for Award Management (SAM) and sign a For Official Use Only memo.

Question 13:

Page 55, paragraph 3.11.1, Piping: Is piping currently labeled? Will the facility provide a piping diagram?

Answer 13:

Currently there is an unknown quantity of labeled piping. Additionally, there is an unknown quantity of unlabeled piping. Per PWS paragraph 3.11.1, the Department provided estimated quantities of labels for contractors to base their bids upon. Per Amendment 0002, Enclosure 1, piping plans (effective date is January 2019) are available via email request to charis.k.naito.civ@mail.mil. Requestors must show proof of registration in the System for Award Management (SAM) and sign a For Official Use Only memo.

Question 14:

Page 55, paragraph 3.17, Clean Up: Is it the sole responsibility of the Contractor to keep the equipment rooms “clean, neat, tidy…?” Whereas Contractor will clean up after work is performed, is the Contractor responsible for daily routine cleaning?

Answer 14:

No. No.

Question 15:

Please provide a detailed list (make, model, etc.) of all the equipment that is subject to maintenance and repair under this Contract.

Answer 15:

See Technical Exhibit 1.

Question 16:

Page 81, Technical Exhibit 1: The site visit to Building 40 revealed a signification amount of equipment, alarms and outlets that is not listed. Will the Contracting Officer provide a list of equipment for Building 40?

Answer 16:

See Amendment 0002, which deletes building 40 from Technical Exhibit 1.

Question 17:

Pages 82 and 83, Technical Exhibit 1: Shafter Flats Trailer 160, was not part of the site visit. Will the Contracting Officer delete this from TE1?

Answer 17:

See Amendment 0002, which deletes Fort Shafter Flats Trailer 160 from Technical Exhibit 1.

Question 18:

Can the Government provide a copy of the contractor site visit sign-in sheet?

Answer 18:

See Amendment 0002, Enclosure 2.

Question 19:

Answer to question #12 states that paragraph 3.11.1 was updated. The update provided estimated quantities (2,000) of labels for the various pipeline systems. Answer to question #13 states that “approximately 95% (pipe labeling) are in place with required information.”

Based on “approximately 95% (pipe labeling) are in place with required information,” I find it difficult to accept the estimated quantities for labels provided in paragraph 3.11.1. If 95% of the labels are in place, the estimated amounts are extremely high.

Also, based on my previous experience within the facility, the estimated quantities for each system seems to be severely inaccurate. An example would be the 2000 units for Oxygen and the 2000 unit for Dental Air. Although Oxygen is provided throughout the facility, Dental Air is provided in only the Dental Clinic. Dental Air labels should be a fraction of the Oxygen Labels.

I would like to question your source of the “95% are in place” along with the estimated quantities of labels. I would also like to question your source for the estimated quantities for labels.

Answer 19:

See Amendment 0004, which updated the answer to question #13 and also created CLIN 0006.

ENCLOSURE 1

SOLICITATION W81K0219Q0022

Maintenance and Repair of Medical Gas, Vacuum, Compressed Air and Nitrogen Equipment

Tripler Army Medical Center (TAMC), Schofield Barracks Health Clinic (SBHC), and Fort Shafter (FS), Oahu Hawaii

REQUEST FOR BASE FLOOR PLANS AND/OR PIPING PLANS

Request for: Base Floor Plans _____ Piping Plans _____

The plans are for official use only and shall not be released to anyone other than the requestor.

Requestor’s Name:

Signature:

Title:

Company:

Email Address:

Phone Number:

CAGE Code:

ENCLOSURE 2

SOLICITATION W81K0219Q0022

Maintenance and Repair of Medical Gas, Vacuum, Compressed Air and Nitrogen Equipment

Tripler Army Medical Center (TAMC), Schofield Barracks Health Clinic (SBHC), and Fort Shafter (FS), Oahu Hawaii

29 JANUARY 2019 SITE VISIT – CONTRACTOR SIGN-IN SHEET

0900: TAMC - Building 1, 4, 10 & 40

1300 FT. SHAFTER - Building 339

Name Title Company Email Address Phone Charlene Carpenter Operations Manager Holden Hospital Supply char@holdenhospitalsupply.com 808-841-4558 Edwin Chun Owner CK Medical Compliance edwin@ckmedicalcompliance.com 808-683-2111 Gregg Hall Medical Sales Airgas gregghall@airgas.com 808-551-7496 Don Holden President Holden Hospital Supply holdenhawaii@aol.com 808-478-5229 Alan Uyehara Owner Precision Medical Device alan003@aol.com 808-542-8717

30 JANUARY 2019 SITE VISIT – CONTRACTOR SIGN-IN SHEET

1300: Schofield Barracks Health Clinic – Building 660

Charlene Carpenter Operations Manager Holden Hospital Supply char@holdenhospitalsupply.com 808-841-4558 Edwin Chun Owner CK Medical Compliance edwin@ckmedicalcompliance.com 808-683-2111 Gregg Hall Medical Sales Airgas gregghall@airgas.com 808-551-7496 Don Holden President Holden Hospital Supply holdenhawaii@aol.com 808-478-5229

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months Maintenance and Repair Services

FFP

Base Period: 1 April 2019- 31 March 2020

Provide non-personal services of repair and maintenance of Government owned medical gas system equipment in accordance with the attached Performance Work Statement. The Contractor shall provide personnel, supervision, tools, materials, equipment, supplies and transportation necessary to perform preventive maintenance, urgent repairs, emergency repairs and standby services on Compressed Air (medical, lab, dental and plant), Medical Gasses (Oxygen, Nitrous Oxide and Nitrogen), Vacuum (dental, lab and medical), Waste Anesthetic Gas Disposal (WAGD), Nitrogen Generator and all system equipment (See Technical Exhibit 1). System equipment is located at Tripler Army Medical Center (TAMC), Schofield Barracks Health Clinic (SBHC), and Fort Shafter (FS), Oahu Hawaii. All maintenance and repairs shall be performed in accordance with the manufacturer’s recommendations. All work shall be in accordance with National Fire Protection Association (NFPA), American National Standards Institute (ANSI), American Society of Sanitary Engineers (ASSE), Federal, State, Local and TAMC codes and regulations.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011260603

PSC CD: J065

NET AMT

Replacement Parts

COST

Base Period: 1 April 2019- 31 March 2020

Provides for reimbursement of replacement parts in accordance with the attached Performance Work Statement. A Not-to-Exceed ceiling price of $40,000.00 has been established for SLINs 0002AA and 0002AB. The Government will not reimburse the contractor for any amount that exceeds the ceiling price, unless the ceiling is increased by a modification to the contract.

***DO NOT BID ON THIS ITEM***

ESTIMATED COST

0002AA

Replacement Parts FY19

COST

Base Period: 1 April 2019 - 30 September 2019

***DO NOT BID ON THIS ITEM***

FOB: Destination

0002AB

Replacement Parts FY20

COST

Base Period: 1 October 2019 - 31 March 2020

***DO NOT BID ON THIS ITEM***

0003 1 Each Equipment Training FY19

FFP

Base Period: 1 April 2019 - 30 September 2019

Provide training session in accordance with the attached Performance Work Statement, paragraph 3.8.

FOB: Destination

0004 1 Each Equipment Training FY20

FFP

Base Period: 1 October 2019 - 31 March 2020

Provide training session in accordance with the attached Performance Work Statement, paragraph 3.8.

0005 1 Each

CMR 31 OCT 2019 (BASE PERIOD)

FFP

The contractor is required to comply initially and annually with the requirements stated in the Performance Work Statement, paragraph 8. Reporting period will be for the period of performance not to exceed 12 months ending 30 September of each Government fiscal year. This report must be completed by 31 October of each calendar year.

This CMR report covers the performance period of 1 April 2019 – 30 September 2019.

FOB: Destination

0006 14,600 Each Labeling

FFP

Base Period: 1 April 2019- 31 March 2020

Provide labeling in accordance with the attached Performance Work Statement paragraphs 3.11 - 3.11.1.

1001 12 Months OPTION Maintenance and Repair Services

FFP

Option I: 1 April 2020 - 31 March 2021

Provide non-personal services of repair and maintenance of Government owned medical gas system equipment in accordance with the attached Performance Work Statement. The Contractor shall provide personnel, supervision, tools, materials, equipment, supplies and transportation necessary to perform preventive maintenance, urgent repairs, emergency repairs and standby services on Compressed Air (medical, lab, dental and plant), Medical Gasses (Oxygen, Nitrous Oxide and Nitrogen), Vacuum (dental, lab and medical), Waste Anesthetic Gas Disposal (WAGD), Nitrogen Generator and all system equipment (See Technical Exhibit 1). System equipment is located at Tripler Army Medical Center (TAMC), Schofield Barracks Health Clinic (SBHC), and Fort Shafter (FS), Oahu Hawaii. All maintenance and repairs shall be performed in accordance with the manufacturer’s recommendations. All work shall be in accordance with National Fire Protection Association (NFPA), American National Standards Institute (ANSI), American Society of Sanitary Engineers (ASSE), Federal, State, Local and TAMC codes and regulations.

OPTION Replacement Parts

COST

Option I: 1 April 2020 - 31 March 2021

Provides for reimbursement of replacement parts in accordance with the attached Performance Work Statement. A Not-to-Exceed ceiling price of $40,000.00 has been established for SLINs 1002AA and 1002AB. The Government will not reimburse the contractor for any amount that exceeds the ceiling price, unless the ceiling is increased by a modification to the contract.

1002AA

Replacement Parts FY20

COST

Option I: 1 April 2020 - 30 September 2020

***DO NOT BID ON THIS ITEM***

1002AB

Replacement Parts FY21

COST

Option I: 1 October 2020 - 31 March 2021

***DO NOT BID ON THIS ITEM***

1003 1 Each OPTION Equipment Training FY20

FFP

Option I: 1 April 2020 - 30 September 2020

Provide training session in accordance with the attached Performance Work Statement, paragraph 3.8.

1004 1 Each OPTION Equipment Training FY21

FFP

Option I: 1 October 2020 - 31 March 2021

Provide training session in accordance with the attached Performance Work Statement, paragraph 3.8.

1005 1 Each

OPTION CMR - 31 OCT 2020 (OPTION I)

FFP

The contractor is required to comply initially and annually with the requirements stated in the Performance Work Statement, paragraph 8. Reporting period will be for the period of performance not to exceed 12 months ending 30 September of each Government fiscal year. This report must be completed by 31 October of each calendar year.

This CMR report covers the performance period of 1 October 2019 – 30 September 2020.

2001 12 Months OPTION Maintenance and Repair Services

FFP

Option II: 1 April 2021- 31 March 2022

Provide non-personal services of repair and maintenance of Government owned medical gas system equipment in accordance with the attached Performance Work Statement. The Contractor shall provide personnel, supervision, tools, materials, equipment, supplies and transportation necessary to perform preventive maintenance, urgent repairs, emergency repairs and standby services on Compressed Air (medical, lab, dental and plant), Medical Gasses (Oxygen, Nitrous Oxide and Nitrogen), Vacuum (dental, lab and medical), Waste Anesthetic Gas Disposal (WAGD), Nitrogen Generator and all system equipment (See Technical Exhibit 1). System equipment is located at Tripler Army Medical Center (TAMC), Schofield Barracks Health Clinic (SBHC), and Fort Shafter (FS), Oahu Hawaii. All maintenance and repairs shall be performed in accordance with the manufacturer’s recommendations. All work shall be in accordance with National Fire Protection Association (NFPA), American National Standards Institute (ANSI), American Society of Sanitary Engineers (ASSE), Federal, State, Local and TAMC codes and regulations.

OPTION Replacement Parts

COST

Option II: 1 April 2021 - 31 March 2022

Provides for reimbursement of replacement parts in accordance with the attached Performance Work Statement. A Not-to-Exceed ceiling price of $40,000.00 has been established for SLINs 2002AA and 2002AB. The Government will not reimburse the contractor for any amount that exceeds the ceiling price, unless the

2002AA

Replacement Parts FY21

COST

Option II: 1 April 2021 - 30 September 2021

***DO NOT BID ON THIS ITEM***

2002AB

Replacement Parts FY22

COST

Option II: 1 October 2021 - 31 March 2022

***DO NOT BID ON THIS ITEM***

2003 1 Each OPTION Equipment Training FY21

FFP

Option II: 1 April 2021- 30 September 2021

Provide training session in accordance with the attached Performance Work Statement, paragraph 3.8.

2004 1 Each OPTION Equipment Training FY22

FFP

Option II: 1 October 2021 - 31 March 2022

Provide training session in accordance with the attached Performance Work Statement, paragraph 3.8.

2005 1 Each

OPTION CMR - 31 OCT 2021 (OPTION II)

FFP

The contractor is required to comply initially and annually with the requirements stated in the Performance Work Statement, paragraph 8. Reporting period will be for the period of performance not to exceed 12 months ending 30 September of each Government fiscal year. This report must be completed by 31 October of each calendar year.

This CMR report covers the performance period of 1 October 2020 – 30 September 2021.

3001 12 Months OPTION Maintenance and Repair Services

FFP

Option III: 1 April 2022- 31 March 2023

Provide non-personal services of repair and maintenance of Government owned medical gas system equipment in accordance with the attached Performance Work Statement. The Contractor shall provide personnel, supervision, tools, materials, equipment, supplies and transportation necessary to perform preventive maintenance, urgent repairs, emergency repairs and standby services on Compressed Air (medical, lab, dental and plant), Medical Gasses (Oxygen, Nitrous Oxide and Nitrogen), Vacuum (dental, lab and medical), Waste Anesthetic Gas Disposal (WAGD), Nitrogen Generator and all system equipment (See Technical Exhibit 1). System equipment is located at Tripler Army Medical Center (TAMC), Schofield Barracks Health Clinic (SBHC), and Fort Shafter (FS), Oahu Hawaii. All maintenance and repairs shall be performed in accordance with the manufacturer’s recommendations. All work shall be in accordance with National Fire Protection Association (NFPA), American National Standards Institute (ANSI), American Society of Sanitary Engineers (ASSE), Federal, State, Local and TAMC codes and regulations.

OPTION Replacement Parts

COST

Option III: 1 April 2022- 31 March 2023

Provides for reimbursement of replacement parts in accordance with the attached Performance Work Statement. A Not-to-Exceed ceiling price of $40,000.00 has been established for SLINs 3002AA and 3002AB. The Government will not reimburse the contractor for any amount that exceeds the ceiling price, unless the

3002AA

Replacement Parts FY22

COST

Option III: 1 April 2022- 30 September 2022

***DO NOT BID ON THIS ITEM***

3002AB

Replacement Parts FY23

COST

Option III: 1 October 2022- 31 March 2023

***DO NOT BID ON THIS ITEM***

3003 1 Each OPTION Equipment Training FY22

FFP

Option III: 1 April 2022 - 30 September 2022

Provide training session in accordance with the attached Performance Work Statement, paragraph 3.8.

3004 1 Each OPTION Equipment Training FY23

FFP

Option III: 1 October 2022 - 31 March 2023

Provide training session in accordance with the attached Performance Work Statement, paragraph 3.8.

3005 1 Each

OPTION CMR - 31 OCT 2022 (OPTION III)

FFP

The contractor is required to comply initially and annually with the requirements stated in the Performance Work Statement, paragraph 8. Reporting period will be for the period of performance not to exceed 12 months ending 30 September of each Government fiscal year. This report must be completed by 31 October of each calendar year.

This CMR report covers the performance period of 1 October 2021 – 30 September 2022.

4001 12 Months OPTION Maintenance and Repair Services

FFP

Option IV: 1 April 2023- 31 March 2024

Provide non-personal services of repair and maintenance of Government owned medical gas system equipment in accordance with the attached Performance Work Statement. The Contractor shall provide personnel, supervision, tools, materials, equipment, supplies and transportation necessary to perform preventive maintenance, urgent repairs, emergency repairs and standby services on Compressed Air (medical, lab, dental and plant), Medical Gasses (Oxygen, Nitrous Oxide and Nitrogen), Vacuum (dental, lab and medical), Waste Anesthetic Gas Disposal (WAGD), Nitrogen Generator and all system equipment (See Technical Exhibit 1). System equipment is located at Tripler Army Medical Center (TAMC), Schofield Barracks Health Clinic (SBHC), and Fort Shafter (FS), Oahu Hawaii. All maintenance and repairs shall be performed in accordance with the manufacturer’s recommendations. All work shall be in accordance with National Fire Protection Association (NFPA), American National Standards Institute (ANSI), American Society of Sanitary Engineers (ASSE), Federal, State, Local and TAMC codes and regulations.

OPTION Replacement Parts

COST

Option IV: 1 April 2023- 31 March 2024

Provides for reimbursement of replacement parts in accordance with the attached Performance Work Statement. A Not-to-Exceed ceiling price of $40,000.00 has been established for SLINs 4002AA and 4002AB. The Government will not reimburse the contractor for any amount that exceeds the ceiling price, unless the

4002AA

Replacement Parts FY23

COST

Option IV: 1 April 2023- 30 September 2023

***DO NOT BID ON THIS ITEM***

4002AB

Replacement Parts FY24

COST

Option IV: 1 October 2023 - 31 March 2024

***DO NOT BID ON THIS ITEM***

4003 1 Each OPTION Equipment Training FY23

FFP

Option IV: 1 April 2023 - 30 September 2023

Provide training session in accordance with the attached Performance Work Statement, paragraph 3.8.

4004 1 Each OPTION Equipment Training FY24

FFP

Option IV: 1 October 2023 - 31 March 2024

Provide training session in accordance with the attached Performance Work Statement, paragraph 3.8.

4005 1 Each

OPTION CMR – 31 OCT 2023 (OPTION IV)

FFP

The contractor is required to comply initially and annually with the requirements stated in the Performance Work Statement, paragraph 8. Reporting period will be for the period of performance not to exceed 12 months ending 30 September of each Government fiscal year. This report must be completed by 31 October of each calendar year.

This CMR report covers the performance period of 1 October 2022 – 30 September 2023.

4006 1 Each

OPTION CMR – 31 OCT 2024 (OPTION IV)

FFP

The contractor is required to comply initially and annually with the requirements stated in the Performance Work Statement, paragraph 8. This report should be completed within 30 days after the completion date of this period of performance, but not later than 31 October 2024.

This CMR report covers the performance period of 1 October 2023 – 31 March 2024.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 N/A N/A N/A N/A 0002AA Destination Government Destination Government 0002AB Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 1001 Destination Government Destination Government 1002 N/A N/A N/A N/A 1002AA Destination Government Destination Government 1002AB Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 1005 Destination Government Destination Government 2001 Destination Government Destination Government 2002 N/A N/A N/A N/A 2002AA Destination Government Destination Government 2002AB Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government

2005 Destination Government Destination Government 3001 Destination Government Destination Government 3002 N/A N/A N/A N/A 3002AA Destination Government Destination Government 3002AB Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 3005 Destination Government Destination Government 4001 Destination Government Destination Government 4002 N/A N/A N/A N/A 4002AA Destination Government Destination Government 4002AB Destination Government Destination Government 4003 Destination Government Destination Government 4004 Destination Government Destination Government 4005 Destination Government Destination Government 4006 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-APR-2019 TO

31-MAR-2020

N/A W07C TAMC MEDICAL SUPPLY ACCT

SEE PERFORMANCE WORK STATEMENT

MATERIAL BR LOG DIV

BLDG 161 KRUKOWSKI RD

TRIPLER AMC HI 96859-5000

WX3JN7

0002 N/A N/A N/A N/A

0002AA POP 01-APR-2019 TO

30-SEP-2019

N/A W07C TAMC MEDICAL SUPPLY ACCT

SEE PERFORMANCE WORK STATEMENT

MATERIAL BR LOG DIV

BLDG 161 KRUKOWSKI RD

TRIPLER AMC HI 96859-5000

0002AB POP 01-OCT-2019 TO

31-MAR-2020

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-APR-2019 TO

30-SEP-2019

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-OCT-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 31-OCT-2019 1 (SAME AS PREVIOUS LOCATION)

0006 POP 01-APR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-APR-2020 TO

31-MAR-2021

N/A (SAME AS PREVIOUS LOCATION)

1002 N/A N/A N/A N/A

1002AA POP 01-APR-2020 TO

30-SEP-2020

N/A W07C TAMC MEDICAL SUPPLY ACCT

SEE PERFORMANCE WORK STATEMENT

MATERIAL BR LOG DIV

BLDG 161 KRUKOWSKI RD

TRIPLER AMC HI 96859-5000

1002AB POP 01-OCT-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-APR-2020 TO

30-SEP-2020

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 01-OCT-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

1005 31-OCT-2020 1 (SAME AS PREVIOUS LOCATION)

2001 POP 01-APR-2021 TO

31-MAR-2022

N/A (SAME AS PREVIOUS LOCATION)

2002 N/A N/A N/A N/A

2002AA POP 01-APR-2021 TO

30-SEP-2021

N/A W07C TAMC MEDICAL SUPPLY ACCT

SEE PERFORMANCE WORK STATEMENT

MATERIAL BR LOG DIV

BLDG 161 KRUKOWSKI RD

TRIPLER AMC HI 96859-5000

2002AB POP 01-OCT-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 01-APR-2021 TO

30-SEP-2021

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 01-OCT-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

2005 31-OCT-2021 1 (SAME AS PREVIOUS LOCATION)

3001 POP 01-APR-2022 TO

31-MAR-2023

N/A (SAME AS PREVIOUS LOCATION)

3002 N/A N/A N/A N/A

3002AA POP 01-APR-2022 TO

30-SEP-2022

N/A W07C TAMC MEDICAL SUPPLY ACCT

SEE PERFORMANCE WORK STATEMENT

MATERIAL BR LOG DIV

BLDG 161 KRUKOWSKI RD

TRIPLER AMC HI 96859-5000

3002AB POP 01-OCT-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 01-APR-2022 TO

30-SEP-2022

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 01-OCT-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

3005 31-OCT-2022 1 (SAME AS PREVIOUS LOCATION)

4001 POP 01-APR-2023 TO

31-MAR-2024

N/A (SAME AS PREVIOUS LOCATION)

4002 N/A N/A N/A N/A

4002AA POP 01-APR-2023 TO

30-SEP-2023

N/A W07C TAMC MEDICAL SUPPLY ACCT

MATERIAL BR LOG DIV

BLDG 161 KRUKOWSKI RD

TRIPLER AMC HI 96859-5000

4002AB POP 01-OCT-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 01-APR-2023 TO

30-SEP-2023

N/A W07C TAMC MEDICAL SUPPLY ACCT

SEE PERFORMANCE WORK STATEMENT

MATERIAL BR LOG DIV

BLDG 161 KRUKOWSKI RD

TRIPLER AMC HI 96859-5000

4004 POP 01-OCT-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

4005 31-OCT-2023 1 (SAME AS PREVIOUS LOCATION)

4006 31-OCT-2024 1 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017

ADDENDUM TO 52.212-4

(w) UNILATERAL MODIFICATIONS

In addition to 52.212-4(c), the Government may make unilateral modifications considered administrative in nature.

These include, but are not limited to, changes in the accounting and appropriation data, payment and issuing office addresses, and other corrections that have no effect on the terms and conditions of the contract.

(x) The non-FAR Part 12 discretionary FAR, DFARS, and AFARS clauses included herein are incorporated into this contract either by reference or in full text. If incorporated by reference, see clause 52.252-2 for locations where full text can be obtained.

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-8 Utilization of Small Business Concerns NOV 2016 52.219-14 Limitations On Subcontracting JAN 2017 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-50 Combating Trafficking in Persons MAR 2015 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

52.222-54 Employment Eligibility Verification OCT 2015 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7006 Wide Area WorkFlow Payment Instructions MAY 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7002 Requests for Equitable Adjustment DEC 2012

CLAUSES INCORPORATED BY FULL TEXT

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)

(a) Definitions. As used in this clause--

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(c) Exceptions to this prohibition are located at 9.108-2.

(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.

(End of clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days before the contract expires.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days before the contract expires; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)

(a) Definitions. As used in this clause--

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 811219 - assigned to contract number .

(Contractor to sign and date and insert authorized signer's name and title).

52.222-17 NONDISPLACEMENT OF QUALIFIED WORKERS (MAY 2014)

(a) Service employee, as used in this clause, means any person engaged in the performance of a service contract other than any person employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541. The term ``service employee'' includes all such persons regardless of any contractual relationship that may be alleged to exist between a contractor or subcontractor and such persons.

(b) The Contractor and its subcontractors shall, except as otherwise provided herein, in good faith offer those service employees employed under the predecessor contract whose employment will be terminated as a result of award of this contract or the expiration of the contract under which the service employees were hired, a right of first refusal of employment under this contract in positions for which the service employees are qualified.

(1) The Contractor and its subcontractors shall determine the number of service employees necessary for efficient performance of this contract and may elect to employ fewer employees than the predecessor Contractor employed in connection with performance of the work.

(2) Except as provided in paragraph (c) of this clause, there shall be no employment opening under this contract, and the Contractor and any subcontractors shall not offer employment under this contract, to any person prior to having complied fully with this obligation.

(i) The successor Contractor and its subcontractors shall make a bona fide express offer of employment to each service employee as provided herein and shall state the time within which the service employee must accept such offer, but in no case shall the period within which the service employee must accept the offer of employment be less than 10 days.

(ii) The successor Contractor and its subcontractors shall decide any question concerning a service employee's qualifications based upon the individual's education and employment history, with particular emphasis on the employee's experience on the predecessor contract, and the Contractor may utilize employment screening processes only when such processes are provided for by the contracting agency, are conditions of the service contract, and are consistent with Executive Order 13495.

(iii) Where the successor Contractor does not initially offer employment to all the predecessor contract service employees, the obligation to offer employment shall continue for 90 days after the successor contractor's first date of performance on the contract.

(iv) An offer of employment will be presumed to be bona fide even if it is not for a position similar to the one the employee previously held, but is one for which the employee is qualified, and even if it is subject to different employment terms and conditions, including changes to pay or benefits. (See 29 CFR 9.12 for a detailed description of a bonafide offer of employment).

(c)(1) Notwithstanding the obligation under paragraph (b) of this clause, the successor Contractor and any subcontractors (i) may employ under this contract any service employee who has worked for the contractor or subcontractor for at least three months immediately preceding the commencement of this contract and who would otherwise face lay-off or discharge, (ii) are not required to offer a right of first refusal to any service employee(s) of the predecessor contractor who are not service employees within the meaning of the Service Contract Labor Standards statute, 41 U.S.C. 6701(3), and (iii) are not required to offer a right of first refusal to any service employee(s) of the predecessor contractor whom the Contractor or any of its subcontractors reasonably believes, based on the particular service employee's past performance, has failed to perform suitably on the job (see 29 CFR 9.12(c)(4) for additional information). The successor Contractor bears the responsibility of demonstrating the appropriateness of claiming any of these exceptions.

(2) In addition, any Contractor or subcontractor that has been certified by the U.S. Small Business Administration as a HUBZone small business concern must ensure that it complies with the statutory and regulatory requirements of the HUBZone Program (e.g., it must ensure that at least 35 percent of all of its employees reside within a HUBZone). The HUBZone small business Contractor or subcontractor must consider whether it can meet the requirements of this clause and Executive Order 13495 while also ensuring it meets the HUBZone Program's requirements.

(3) Nothing in this clause shall be construed to permit a Contractor or subcontractor to fail to comply with any provision of any other Executive order or law. For example, the requirements of the HUBZone Program (see FAR subpart 19.13), Executive Order 11246 (Equal Employment Opportunity), and the Vietnam Era Veterans' Readjustment Assistance Act of 1974 may conflict, in certain circumstances, with the requirements of Executive Order 13495. All applicable laws and Executive orders must be satisfied in tandem with, and if necessary prior to, the requirements of Executive Order 13495, 29 CFR part 9, and this clause.

(d)(1) The Contractor shall, not less than 30 days before completion of the Contractor's performance of services on the contract, furnish the Contracting Officer with a certified list of the names of all service employees working under this contract and its subcontracts at the time the list is submitted.

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