F103--Copy of Copy of FACILITIES TEAM 2 | Dental Water Testing | CO Gail Bargaineer; Assn. Date: 12/21/21; EAD: 04/01/22

General Information

Document Type:

Combined Solicitation/Synopsis

Solicitation Number:

36C24922Q0285

Posted Date:

January 21, 2022

Original Response Date:

January31, 2022 11AM (EST)

Current Response Date:

January31, 2022 11AM (EST)

Product or Service Code:

F103 | Environmental Systems Protection-Water Quality Support

Set Aside (SDVOSB/VOSB):

SDVOSB/VOSB

NAICS Code:

541620 | Environmental Consulting Services

Contracting Office Address

VISN 07

Network Contracting Office 7

Lavista Business Park-Building A

2008 Weems Road

Tucker, Georgia 30084

Description

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-06 Effective 7-12-2021.

This procurement is set-aside based on an order or priority as established in 38 U.S.C. 8127. This solicitation is being issued as a tiered evaluation for SDVOSB concerns, or in the alternative, a set-aside for VOSB concerns. The tiered evaluation will be conducted as follows:

Tier 1: SDVOSB concerns Offers, if any will be evaluated. If no offers were submitted by SDVOSB concerns, or if none of the offers would result in award at a fair and reasonable price that offers best value to the Government, Tier 2 offers will then be evaluated.

Tier 2: VOSB concerns Offers, if any will be evaluated. If no offers were submitted by VOSB concerns, or if none of the offers would result in award at a fair and reasonable price that offers best value to the Government, then the solicitation will be canceled, and the requirement may or may not be resolicited.

The associated North American Industrial Classification System (NAICS) code for this procurement is 541620, with a small business size standard of $16.5 Million.

The FSC/PSC is F103.

The Birmingham VA Health Care System (BVAHCS) is seeking to procure services for the dental unit water lines to be sampled on a quarterly basis and the analysis of samples are performed by an Environmental Protection Agency (EPA)/Alabama Department of Environmental Management (ADEM) certified laboratory.

All interested companies shall provide quotations for the following:

Services

Period of Performance

Facility

Price per Month

Annual Cost

BASE YEAR

1 April 2022 31March 2023

Birmingham VA Health Care System

OPTION YEAR 1

1 April 2023 31 March 2024

Birmingham VA Health Care System

OPTION YEAR 2

1 April 2024 31March 2025

Birmingham VA Health Care System

OPTION YEAR 3

1 April 2025 -31 March 2026

Birmingham VA Health Care System

OPTION YEAR 4

1 April 2026 31 March 2027

Birmingham VA Health Care System

Total Contract Price $

STATEMENT OF WORK

DENTAL WATER TESTING

INTRODUCTION AND SCOPE OF WORK:

Contractor shall furnish service as specified to ensure that all designated Birmingham VA Health Care System (BVAHCS) dental unit water lines are sampled on a quarterly basis and the analysis of samples are performed by an Environmental Protection Agency (EPA)/Alabama Department of Environmental Management (ADEM) certified laboratory.

COMPETENCY OF PERSONAL TAKING SAMPLES/PERFORMING ANALYSIS

The contractor must use approved methods to analyze water compliance samples. The laboratory must be certified by an EPA or ADEM to analyze water samples for compliance monitoring. The laboratory must use approved methods and pass periodic on-site audits.

If subcontractor(s) are used, they must be approved by the COR and meet EPA/ADEM requirements (for sampling and analyzing).

REFERENCES

Sampling and analysis of samples shall be in accordance with the following standards/guidelines:

Center for Disease Control (CDC), Guidelines for Infection Control in Dental Health-Care Setting, December 19. 2003.

Environmental Protection Agency, The Safe Drinking Water Act (SDWA), amended 1996.

CHECK-IN REQUIREMENTS

The Contractor shall be required to check in by calling (see below) the Contracting Officer s Representative (COR) prior to entering the facility. This check in is mandatory. The sampling technician(s) shall be required to log out with the COR.

VA Contact Person(s): Safety Manager/COR

Location (Building/Room Number): BVAHCS 2706-D & 2710

Telephone Number & Extension(s): (205) 933-8101, extension 8063/5795

WATER SAMPLING

The contractor will test all designated dental unit waterlines at the BVAHCS (see ATTACHMENT 1 and ATTACHMENT 2 for the lines included in each quarterly testing cycle).

Up to 102 lines shall be sampled each quarter.

A sample will be collected from each line designated for collection into separate containers before patients are treated (7:00 a.m.).

Samples should never be combined as this can dilute the organism count.

SAMPLE ANALYSIS

Each designated line will be tested separately utilizing the Heterotrophic Plate Count (HPC) analysis in water samples collected from sterile water bottles for the number of colony forming units (CFU) present.

Specific organism testing is not required.

Up to 102 samples shall be analyzed each quarter.

REPORTING REQUIREMENTS

a. Colony forming units (CFUs) will be reported for each line sampled as follows:

< 200 CFUs

200-500 CFUs

> 500 CFUs

b. The reporting format shall include locate/site, room number, line tested, and CFUs for each line.

c. Up to 102 lines will be reported each quarter.

A quarterly report (written or electronic) will be provided to the COR and to the Chief, Dental Service within ten (10) days of sampling.

PERFORMANCE PERIOD

The term of the contract will be for 1 year with renewable options for 4 years.

PARKING

Contractors are responsible for their own parking.

GOVERNMENT RESONSIBILITIES

BVAHCS employees will provide access to water lines for testing

RECORDS MANAGEMENT

Citations to pertinent laws, codes, and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

The Government Agency owns the rights to all data/records produced as part of this contract.

The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

ATTACHMENT 1 FIRST FLOOR ROOMS/LINES

Room #

Line

Description

Room #

Line

Description

1615

1

High Speed 1 (HS1)

1624

1

HS1

1615

2

High Speed 2 (HS2)

1624

2

AWS1

1615

3

Air/Water Syringe 1 (AWS1)

1624

3

AWS2

1615

4

Air/Water Syringe 2 (AWS2)

1624

4

EM

1615

5

Electric Motor (EM)

1624

5

CAV

1615

6

Cavitron (CAV)

-

-

-

1616

1

HS1

1626

1

AWS1

1616

2

AWS1

1626

2

AWS2

1616

3

AWS2

1626

3

HS1

1616

4

EM

1626

4

HS2

1616

5

CAV

1626

5

EM

1620

1

HS1

1627

1

HS1

1620

2

AWS1

1627

2

HS2

1620

3

AWS2

1627

3

AWS1

1620

4

EM

1627

4

AWS2

-

-

-

1627

5

EM

1621

1

HS1

1628

1

HS2

1621

2

HS2

1628

2

AWS1

1621

3

AWS1

1628

3

AWS2

1621

4

AWS2

1628

4

CAV

1621

5

EM

-

-

-

1621

6

CAV

-

-

-

1622

1

AWS1

1629

1

HS1

1622

2

AWS2

1629

2

HS2

1622

3

HS1

1629

3

AWS1

1622

4

Fiber Optic Handpiece (FOH)

1629

4

AWS2

-

-

-

1629

5

EM

-

-

-

1629

6

CAV

1623

1

AWS1

-

-

-

1623

2

AWS2

-

-

-

1623

3

Ultra-Sonic (US)

-

-

-

1623

4

FOH

-

-

-

Lines on 1st floor: 54

ATTACHMENT 2 SECOND FLOOR ROOMS/LINES

Room No.

Line

Description

Room No.

Line

Description

2603A

1

HS1

2611

1

HS1

2603A

2

HS2

2611

2

HS2

2603A

3

AWS1

2611

3

AWS1

2603A

4

AWS2

2611

4

AWS2

2603A

5

EM

2611

5

EM

2603B

1

HS1

2612

1

HS1

2603B

2

HS2

2612

2

HS2

2603B

3

AWS1

2612

3

AWS1

2603B

4

AWS2

2612

4

AWS2

2603B

5

EM

2612

5

EM

-

-

-

2612

6

CAV

2606

1

HS1

2613

1

HS2

2606

2

AWS1

2613

2

AWS1

2606

3

AWS2

2613

3

AWS2

2606

4

EM

2613

4

EM

-

-

-

-

-

-

2607

1

HS2

2615

1

HS1

2607

2

AWS1

2615

2

HS2

2607

3

AWS2

2615

3

AWS1

2607

4

EM

2615

4

AWS2

-

-

-

2615

5

EM

-

-

-

2615

6

CAV

2608

1

HS1

2616

1

HS1

2608

2

AWS1

2616

2

HS2

2608

3

AWS2

2616

3

AWS1

2608

4

EM

2616

4

AWS2

-

-

-

2616

5

EM

-

-

-

Lines on 2nd floor: 48

The full text of FAR provisions or clauses may be accessed electronically at http://www.acquisition.gov/far/index.html (FAR)

http://www.va.gov/oal/library/vaar/index.asp (VAAR)

The following solicitation provisions apply to this acquisition:

FAR 52.204-7 System for Award Management (OCT 2018)

FAR 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)

FAR 52.209-7 Information Regarding Responsibility Matters (OCT 2018)

FAR 52.212-1, Instructions to Offerors Commercial Items (JUNE 2020)

FAR 52.212-3, Offerors Representations and Certifications Commercial Items (Feb 2021)

FAR 52.217-5 Evaluation of Options (JUL 1990)

52.212-1 INSTRUCTIONS TO QUOTERS COMMERCIAL ITEMS

North American Industry Classification System (NAICS) code and small business size standard are stated in the combined synopsis/solicitation.

Submission of quotations. Submit quotations to the office specified in this solicitation at or before the exact time specified in this solicitation. Quotations may be submitted on letterhead stationery, or as otherwise specified in the solicitation. As a minimum, quotations must show-

The solicitation number;

The time specified in the solicitation for receipt of quotations;

The name, address, and telephone number of the quoter;

A technical description of the items being quoted in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

Terms of any express warranty;

Price and any discount terms;

Remit to address, if different than mailing address;

A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3( b ) for those representations and certifications that the quoter shall complete electronically);

Acknowledgment of Solicitation Amendments;

Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

If the quotation is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Quotations that fail to furnish required representations or information or reject the terms and conditions of the solicitation may be excluded from consideration.

Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of quotations. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender s request and expense, unless they are destroyed during testing.

Multiple quotations. Quoters are encouraged to submit multiple quotations presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each quotation submitted will be evaluated separately.

Late submissions

Quoters are responsible for submitting quotations so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that quotations are due.

Any quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotations is late and will not be considered unless it is received before purchase order issuance and the Contracting Officer determines that accepting the late quotation would not unduly delay the acquisition.

If an emergency or unanticipated event interrupts normal Government processes so that quotations cannot be received at the Government office designated for receipt of quotations by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of quotations will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

Issuance of purchase order. Quotations should contain the quoter s best technical and price terms. The Contracting Officer may reject any or all quotations. The Contracting Officer may issue a purchase order to other than the quoter with the lowest priced quotation. After the evaluation of quotations, the Contracting Officer may negotiate final terms with one or more quoters of the Government s choice before issuing any purchase order. The Contracting Officer will not negotiate with any quoters other than those of the Government s choice and will not use the formal source selection procedures described in FAR part 15.

Multiple purchase orders. The Government may issue a purchase order for any item or group of items of a quotation, unless the quoter qualifies the quotation by specific limitations. Unless otherwise provided in the Schedule, quotations may not be submitted for quantities less than those specified. The Government reserves the right to issue a purchase order for a quantity less than the quantity quoted, at the unit prices quoted, unless the quoter specifies otherwise in the quotation.

Availability of requirements documents cited in the solicitation.

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-

GSA Federal Supply Service Specifications Section

Suite 8100

470 East L Enfant Plaza, SW

Washington, DC 20407

Telephone (202) 619-8925

Facsimile (202) 619-8978

If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

ASSIST (https://assist.dla.mil/online/start/).

Quick Search (http://quicksearch.dla.mil/).

ASSISTdocs.com (http://assistdocs.com).

Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-

Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

Data Universal Numbering System (DUNS) Number. (Applies to all quotations exceeding the Micro-Purchase Threshold (MPT), and quotations of MPT or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The quoter shall enter, in the block with its name and address on the cover page of its quotation, the annotation DUNS or DUNS+4 followed by the DUNS or DUNS+4 number that identifies the quoter s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the quoter to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the quoter does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. A quoter within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. A quoter located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The quoter should indicate that it is a quoter for a Government contract when contacting the local Dun and Bradstreet office.

[Reserved].

Requests for information. The contracting officer will not notify unsuccessful quoters that responded to this solicitation. Quoters may request information on purchase order(s) resulting from this solicitation from the contracting officer.

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL ITEMS

Submission of Quotes:

Quotes shall be received on or before the date and time specified in the COMBO. Note: Offers received after the due date and time shall not be considered.

Offerors shall submit their quotes electronically via email to Contract Specialist, Gail.Bargaineer2@va.gov by January 31, 2021 at 11AM EST.

Questions: Questions shall be submitted to the Contracting Officer in writing via e-mail. Oral questions are not acceptable due to the possibility of misunderstanding or misinterpretation. The cut-off date and time for receipt of questions is January 24, 2021 @ 3:00pm EST. Questions received after this date and time may not be answered. Questions will be answered in a formal amendment to the solicitation so all interested parties can see the answers.

A site is planned for January 25, 2022, please call the COR Mr. Hill, Bernard at (205) 933-8101 x332929 or email @ bernard.hill@va.gov and Ms. Pamela A Rhodes at (334)451-9900 or email @ Pamela.rhodes2@va.gov. Meeting spot will be TBD. All visitors will be required to screen in and be masked.

Quote Format: The submission should be clearly indexed and logically assembled in order of the evaluation criteria below. All pages of the quote shall be appropriately numbered and identified by the complete company name, date and solicitation number in the header and/or footer.

Ensure your representations and certifications are complete in the System for Award Management (SAM)( https://www.sam.gov). Otherwise, you will need to fill out solicitation Clause 52.212-3 "Offeror Representation and Certifications -Commercial Items and submit with the quote. Federal Acquisition Regulations require that federal contractors register in the SAM database at http://www.sam.gov and enter all mandatory information into the system. Award cannot be made until the contractor has registered. Offerors are encouraged to ensure that they are registered in SAM prior to submitting their quotation.

Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The version of FAR 52.212-1 in the addendum is tailored for Simplified Acquisition Procedures and supersedes the current version of FAR 52.212-1 contained in the FAR.

Addendum to 52.212-2, Evaluation

Evaluation Process:

Award will be made to the best value, as determined to be the most beneficial to the Government. Please read each section below carefully for the submittals and information required as part of the evaluation. Failure to provide the requested information below shall be considered non-compliant and your quote could be removed from the evaluation process.

Offeror quotes shall be evaluated under FAR Part 13.106-2(b) -- Evaluation of Quotations or Offers. Therefore, the Government will determine a competitive range, as authorized by FAR 13.106-2(b). Comparative evaluations of quotes will be conducted following the creation of a competitive range of the 5 technically acceptable quotations received.

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, past performance, technical, price and other factors considered. The following factors shall be used to evaluate offers:Â

Past Performance:

CPARS evaluation will be used as the primary means for evaluation of Past Performance. In lieu of relevant CPARS past performance, a vendor may provide (3) references of work, similar in scope and size with the requirement detailed in the Performance Work Statement. References must include contact information, brief description of the work completed, and contract # (if relevant). Please utilize Attachment 1 Past Performance Worksheet for your references and please submit as part of your quote submission. References may be checked by the Contracting Officer to ensure your company can perform the Work Statement. The Government also reserves the right to obtain information for use in the evaluation of past performance from all sources.

Technical: The offeror s quote shall be evaluated to determine if the contractor has the experience and capabilities to provide the requested services in a timely and efficient manner.Â

Provide a contingency plan to replace staffing personnel that cannot perform the assigned job duties and tasks. Provide a detailed description of your company s ability to replace personnel within the reasonable time specified in the statement of work (SOW).

Quality/Price (Follow these instructions):

Offeror will complete the Price Schedule, with offerors proposed contract line-item prices inserted in appropriate spaces. Firm, fixed pricing for each line item is required.

Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, Offerors Representations and Certifications Commercial Items. If paragraph (j) of the provision is applicable, a written submission is required.

The following contract clauses apply to this acquisition:

FAR 52.212-4 Contract Terms and Conditions Commercial Items (OCT 2018)

FAR 52.203-16 Preventing Personal Conflicts of Interest (JUN 2020)

FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2020)

FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011)

FAR 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)

FAR 52.204-13 System for Award Management Maintenance (OCT 2018)

FAR 52.217-8 Option to Extend Services (NOV 1999)

FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

FAR 52.222-19 Child Labor Cooperation with Authorities and Remedies (JUL 2020)

FAR 52.228-5 Insurance-Work on a Government Installation (JAN 1997)

FAR 52.233-2 Service of Protest (SEPT 2006)

FAR 52.232-18 Availability of Funds (APR 1984)

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

FAR 52.237-3 Continuity of Services (JAN 1991)

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders (JUL 2020)

The following subparagraphs of FAR 52.212-5 are applicable:

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E. Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kapersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020) Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78) (19 U.S.C. 3805 note)).

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

52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020)

52.204-10, Reporting Executive Compensation & First-Tier Subcontract Awards (JUN 2020)

52.204-14, Service Contract Reporting Requirements (OCT 2016)

52.209-6, Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020)

52.219-6, Notice of Total Small Business Set-Aside (NOV 2020)

52.219-8, Utilization of Small Business Concerns

52.219-28, Post Award Small Business Program Representation (NOV 2020)

52.222-3, Convict Labor (JUN 2003)

52.222-26, Equal Opportunity (SEP 2016)

52.222-35, Equal Opportunity for Veterans (JUN 2020)

52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020)

52.222-37, Employment Reports on Veterans (JUN 2020)

52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)

52.222-50, Combating Trafficking in Persons (OCT 2020)

52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020)

52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008)

52.232-33, Payment by Electronic Funds Transfer - System for Award Management (OCT 2018) 52.222-41, Service Contract Labor Standards (AUG 2018)

52.222-43, Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment (Multiple Year and Option Contracts) (AUG 2018)

52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020)

52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017)

(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.

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 dispute s 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 (JUN 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, or the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunication and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xii) (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services Requirements (MAY 2014) (41 U.S.C. chapter 67).

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

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

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

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note)

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

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

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.

The following VA Acquisition Regulation (VAAR) contract clauses apply to this acquisition:

1. 852.242-71 Administrative Contracting Officer (OCT 2020)

2. 852.219-74 Limitations on Subcontracting Monitoring and Compliance (JUL 2018)

3. 852.212-70 Provisions and Clauses Applicable to VA Acquisition of Commercial Items (APR 2020)

852.203-70, Commercial Advertising

852.219-10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside. (NOV 2020)

852.232-72, Electronic Submission of Payment Requests. (NOV 2018)

852.233-70, Protest Content/Alternative Dispute Resolution. (Sept 2018)

852.233-71, Alternate Protest Procedure (Sept 2018)

To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows:

"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."

OR

"The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:"

Quoters shall list exception(s) and rationale for the exception(s), if any.

WAGE DETERMINATION

Descriptions for the occupations for this requirement and determine the appropriate wage determinations are the responsibility of the contractor, and offeror are encouraged to coordinate with Department of Labor to determine the appropriate job classifications for this requirement. The Agency assumes no responsibility or liability for a contractor s determination of the appropriate classification.

"REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

|

|

|

| Wage Determination No.: 2015-4591

Daniel W. Simms Division of | Revision No.: 18

Director Wage Determinations| Date Of Last Revision: 12/27/2021

_______________________________________|____________________________________________

Note: Contracts subject to the Service Contract Act are generally required to

pay at least the applicable minimum wage rate required under Executive Order

14026 or Executive Order 13658.

If the contract is entered into on or after January 30 2022 or the contract

is renewed or extended (e.g. an option is exercised) on or after January 30

2022 Executive Order 14026 generally applies to the contract. The contractor

must pay all covered workers at least $15.00 per hour (or the applicable wage

rate listed on this wage determination if it is higher) for all hours spent

performing on that contract in 2022.

If the contract was awarded on or between January 1 2015 and January 29 2022

and the contract is not renewed or extended on or after January 30 2022

Executive Order 13658 generally applies to the contract. The contractor must

pay all covered workers at least $11.25 per hour (or the applicable wage rate

listed on this wage determination if it is higher) for all hours spent

performing on that contract in 2022.

The applicable Executive Order minimum wage rate will be adjusted annually.

Additional information on contractor requirements and worker protections under

the Executive Orders is available at www.dol.gov/whd/govcontracts.

______________________________________________________________________________

State: Alabama

Area: Alabama Counties of Bibb Blount Jefferson Shelby St Clair Walker

__________________________________________________________________________

See attached document: Past Performance Worksheet.