Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF MAY 26, 2017 FBO #5663
DOCUMENT

63 -- MRI Metal Detectors and Installation - Attachment

Notice Date

5/24/2017
 

Notice Type

Attachment
 

NAICS

334519 — Other Measuring and Controlling Device Manufacturing
 

Contracting Office

Department of Veterans Affairs;Southeast Louisiana Veterans HCS;1555 Poydras Street;Suite 1307;New Orleans LA 70114
 

ZIP Code

70114
 

Solicitation Number

VA25617Q0765
 

Response Due

6/1/2017
 

Archive Date

8/30/2017
 

Point of Contact

Debra James
 

E-Mail Address

k
 

Small Business Set-Aside

Service-Disabled Veteran-Owned Small Business
 

Description

This is a combined synopsis/solicitation for commercial items, prepared in accordance with the format in Federal Acquisition Regulation (FAR 12.6) as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued. Solicitation number VA256-17-Q-0765 is issued as a Request for Quote (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-84. Offers are due no later than Friday, June 2nd, 2017 by 12:00 p.m., Central Local Time (CST), New Orleans, LA. This solicitation is set aside 100 % for Service Disabled Veteran Owned Small Businesses (Total SDVOSB set aside). Offers shall only be accepted from Service Disabled Veteran Owned Small Businesses (SDVOSB s). Eligible SDVOSB s must have an active profile/active registration in the Vendor Information Pages (i.e. VetBiz https://www.vip.vetbiz.gov/to be considered for a contract award from this solicitation. NOTE: All documentation submittal due times are Central local time (New Orleans, Louisiana). SECTION A. SUPPLEMENTAL INFORMATION TO OFFERORS 2-8 SECTION B STATEMENT OF WORK/PRICE AND 8-9 COST SCHEDULE/DELIVERY SCHEDULE SECTION C CLAUSES 10-20 SECTION D SOLICITATION PROVISIONS 20-21 SECTION E EVALUATION FACTORS 22 SECTION A SUPPLEMENTAL INFORMATION TO OFFERORS 2. The Statement of Work within this solicitation is a non-negotiable document. Offers/quotes shall not include edits, revisions, additions, deletions, alterations, or track change comments to the Statement of Work. 3. NAICS code is 334519. The small business size standard is 500. 4. Composite List of Abbreviations: CLIN = Contract Line Item Number COR = Contracting Officer s Representative JB = Job (i.e. on payment after completion of entire CLIN requirements) EA = Each IAW = in accordance with POC = Point of Contact SE = Set SOW = Statement of Work FFP = Firm Fixed Price 5. Contract Type and Period of Performance: 5.1 Upon award, contract will be a Firm Fixed Price contract. The contract will consist of Contract Line Items (CLINs) for MRI Metal Detectors and Installation. 5.2 The Period of Performance is from June 15, 2017- June 23, 2017. Please read the Delivery Schedule for the delivery times and the quantities. 6. Compensation for Services Rendered: 6.1 Please include your pricing in the Price/Cost Schedule Section B. 3 6.2 Quotes shall include a total Firm Fixed Price for CLINS 0001 0002 per Section B.3, Price/Cost Schedule. 9. Invoicing Procedures: 9.1Offeror to submit invoices in arears after completion of all work and deliverables. Please see completed list of all items within the Price/Cost Schedule. See VAAR Clause 852.232-72, Electronic Submission of Payment Requests for invoicing procedures. 10. System for Award Management (Sam) Registration/Contractor Responsibility 10.1 All Contractors are required to be actively registered in the System for Award Management (SAM). (SAM Website: www.sam.gov). Registration in SAM is a requirement to do business with the Federal Government and registration in SAM shall be maintained throughout the performance of the contract. 11. Modifications: 11.1 Contracting Officers within the networking contracting office issuing the contract, only, may issue modifications to the contract. 11.2 Distribution will be made via email. No hard copies will be distributed. 12. Please note the requirements of FAR provision 52.212-3. Prospective Contractors shall complete electronic annual representations and certifications at www.sam.gov in conjunction with required registration in the SAM database. Representations & Certifications must be completed and/or updated by the date and time offers are due. 13. Working hours are between 08:00 am 04:30 pm, Monday through Friday. All federal holidays excluded. Any work outside of normal working hours must be pre-approved by the CO and COR. Federal holidays are available at the Federal Holiday OPM Site. 14. Proposal Total Firm Fixed Price: 15 Offers shall include a Total Firm Fixed Price for CLINs 0001 0002 for the items listed in this procurement. 16. Solicitation Questions 16.1. The specific requirements for this solicitation are outlined in the Statement of Work. Questions concerning this solicitation shall be submitted in writing only. (Questions will not be answered or addressed telephonically). Questions shall be submitted via electronic mail (e-mail) to: debra.james3@va.gov. Questions will be accepted up to 12:00 p.m. (CST), June 1, 2017. All questions and answers will be published via amendment to the solicitation. 17. Amendments to Solicitation 17.1 Amendments to this solicitation shall be posted on FedBizOpps only (Website (www.fbo.gov). It is the responsibility of the contractor to monitor any updates via www.fbo.gov for any amendments to this solicitation. INSTRUCTIONS to OFFERORS Interested contractors shall submit their quote to Debra James via email debra.james3@va.gov. Quotes are due no later than 6/2/2017 12:00pm Central Standard Time. Please include your pricing in the Price/Cost Schedule Section B. Quotes shall include a total Firm Fixed Price for CLINS 0001-0002 per Section B PRICE/COST SCHEDULE & ITEM INFORMATION. Any questions are concerns should be submitted via email at debra.james3@va.gov. Questions will be accepted up to 10:00 pm (CST) June 1, 2017. All questions and answers will be published via amendment to the solicitation (RFQ/Request for Quote) Statement of Work MRI Metal Detectors and Installation Southeast Louisiana Veterans Health Care System New Orleans, Louisiana 70112 1. PURPOSE: 1.1 The overall purpose is to provide and install 2 MRI metal detectors at Southeast Louisiana Veterans Health Care System (SLVHCS) Diagnostic and Therapeutic Building 2400 Canal St, New Orleans, LA 70119. 2. SCOPE: 2.1 The Contractor shall provide, transport, install, and test all listed equipment. All products must meet all salient characteristics defined in this section. 2.2 All equipment and installation must meet manufacturers and VA specifications. 2.3 The Contractor shall furnish all supplies, equipment, facilities and services required for delivery and installation of the supplies and equipment. 2.4 The Contractor is responsible for any missing parts and components not included in order to carry out the installation. 2.5 SALIENT CHARACTERISTICS: 2.5.1 MRI Metal Detectors: Suggested Manufacturer is Kopp Development Products for MRI facilities FDA approved ferromagnetic detection device Detection of ferromagnetic materials within a person s body OR Equivalent. Intelligent advanced visual alarm/warning prior to entry into Zone IV Continuous ferrous metal detection alarming Capable of having escalating alarming from entry into Zone III outside the MRI room. Mounting: Capable of wall mounting or free standing with optional base. Medical Power Supply: 100 to 240 VAC (user selectable in the field - required within 10 feet of magnet room door for power), 47 to 63 Hz, 42 Watts, Dimension: Height (80 to 87, Depth 2 to 3, and Width 1 ½ to 3. Audio Alarm: Adjustable sensitivity and Audio Alarm Levels Hazard Indicators: Activates Alarm Function mode when moving object enters the Portal Mounts unobtrusively with both in-swing and out-swing doors. The visual alarming alerts will illuminate in different colors to indicate that there is (1) no ferromagnetic threats detected, (2) a threat is approaching the portal, and (3) array flashing in the entire portal, indicating a major threat approaching the portal. 2.6 DELIVERY AND INSTALLATION: 2.6.1 DELIVERY: 2.6.1.1 Contractor shall deliver all equipment to the Southeast Louisiana Veterans Health Care System (SLVHCS) 2400 Canal St. via Central Energy Plant Bldg. 2401 Tulane Avenue, New Orleans, LA 70119 on June 15, 2017 2.6.1.2 Deliver materials to job in manufacturer's original sealed containers with brand name marked thereon. 2.6.1.3 Package to prevent damage or deterioration during shipment, handling, storage and installation. Maintain protective covering in place and in good repair until removal is necessary. 2.6.1.4 Deliver specified items only when the site is ready for installation work to proceed. 2.6.1.5 Store products in dry condition inside enclosed facilities. 2.6.1.6 Any government requested delayed delivery up to 90 days after initial award delivery date, shall be at no additional cost to the Government. 2.6.1.7 A pre-delivery meeting will be conducted 10 days prior to initial award delivery date for verification of delivery and installation dates. 2.6.1.8 Delivery and Installation will be coordinated through the COR. 2.6.2 INSTALLATION: 2.6.2.1 All equipment shall be installed by the contractor upon delivery unless otherwise noted above. 2.6.2.2 Install all equipment to manufacturer s specifications maintaining Federal, and Local safety standards 2.6.2.3 Installation must be completed by June 23, 2017. All work shall be completed between 8:00 a.m. and 4:30 p.m. Monday Friday. All federal holidays, excluded. Federal holidays are available at the Federal Holiday OPM Site. 2.6.2.4 If there is an operational conflict with installation, night or weekend installation may be required. Government will provide a 72 hours' notice of change of installation hours. 2.6.2.5 The contractor shall coordinate all deliveries, staging areas, installations, and parking arrangements with the COR. 2.6.2.6 The Contractor shall remove all related shipping debris and cleanup any construction associated with delivery and installation of the specified items. Contractor shall remove all packaging from the SLVHCS premises. The Contractor shall be responsible for any damage to the building that occurs due to Contractor error or neglect. 2.6.2.7 The audio alarm will only be activated at the threshold if the advanced visual warning was ignored. 2.7 SITE CONDITIONS: 2.7.1 There shall be no smoking, eating, or drinking inside the hospital at any time. 3. INSPECTION AND ACCEPTANCE: 3.1 The Contractor shall conduct a joint inspection with the COR upon delivery of equipment. 3.2 Contractor shall provide dates of completion of punch list items and replacement parts and/or short ship items from the manufacturer(s). 3.3 The COR shall ensure all work is completed satisfactorily prior to acceptance. Disputes shall be resolved by the Contracting Officer. 4. DELIVERABLES: 4.1 Operation and Maintenance Manuals 4.2 Deliver compilation of all manufacturer recommended maintenance schedule and operation materials packaged in binder(s) to COR upon completion of installation. 5. OPERATOR TRAINING: 5.1 Contractor shall provide on-site training of the equipment to the Users. Scheduling of operator training shall be coordinated with the SLVHCS COR after installation is complete. 5.2 Onsite training for MRI Staff and Biomedical Engineering staff for one (1) day. 6. PROTECTION OF PROPERTY: 6.1 Contractor shall protect all items from damage. The Contractor shall take precaution against damage to the building(s), grounds and furnishings. The Contractor shall repair or replace any items related to building(s) or grounds damaged accidentally or on purpose due to actions by the Contractor. 6.2 The Contractor shall perform an inspection of the building(s) and grounds with the COR prior to commencing work. To insure that the Contractor shall be able to repair or replace any items, components, building(s) or grounds damaged due to negligence and/or actions taken by the Contractor. The source of all repairs beyond simple surface cleaning is the facility construction contractor (or appropriate subcontractor), so that building warranty is maintained. Concurrence from the VA Facilities Management POC and COR is required before the Contractor may perform any significant repair work. In all cases, repairs shall utilize materials of the same quality, size, texture, grade, and color to match adjacent existing work. 6.3 The Contractor shall be responsible for security of the areas in which the work is being performed prior to completion. 6.4 Contractor shall provide floor protection while working in all VA facilities. All material handling equipment shall have rubber wheels. 7. SECURITY REQUIREMENTS: 7.1 The Certification & Accreditation (C&A) requirements do not apply and a Security Accreditation Package is not required. See Attachment 1 for Security Requirements. 8. WARRANTY: 8.1 The contractor shall provide a one year manufacturer s warranty on all parts and labor. 8.2 The warranty shall include all travel and shipping costs associated with any warranty repair. SECTION B PRICE/COST SCHEDULE AND STATEMENT OF WORKPRICE/COST SCHEDULE & ITEM INFORMATION PRICE/COST SCHEDULE ITEM INFORMATION Item Number Unit Qty Description Price Total Price 0001 EA 2.0 SOLO System MRI Metal Detection System _____ _________ 0002 JB 1.0 Installation ______ _________ B.2 DELIVERY SCHEDULE Item Number Delivery Date 0001-0002 June 15, 2017 Ship to: Department of Veterans Affairs Medical Center Southeast Louisiana Veterans HCS POC: Linda Bailey Central Energy Plant 2400 Canal St. New Orleans, La via 2401 Tulane Ave whse, New Orleans, Louisiana 70119 MARK FOR: Linda Bailey 504-566-8498 Linda.Bailey@va.gov 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: C.1 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION) (FEB 2015) (a) The Contractor shall not require employees or contractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause. (End of Clause) C.2 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor. (End of Clause) C.3 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION) (a) Definition. For the Department of Veterans Affairs, Service-disabled veteran-owned small business concern or SDVSOB : (1) Means a small business concern: (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans or eligible surviving spouses (see VAAR 802.201 Surviving Spouse definition); (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans (or eligible surviving spouses) or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; (iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document; (iv) The business has been verified for ownership and control pursuant to 38 CFR 74 and is so listed in the Vendor Information Pages database, (https://www.vip.vetbiz.gov); and (v) The business will comply with subcontracting limitations in 13 CFR 125.6, as applicable (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). (b) General. (1) Offers are solicited only from verified service-disabled veteran-owned small business concerns. Offers received from concerns that are not verified service-disabled veteran-owned small business concerns shall not be considered. (2) Any award resulting from this solicitation shall be made to a verified service-disabled veteran-owned small business concern. (c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, the concern will comply with the limitation on subcontracting requirements in 13 CFR §125.6. (d) A joint venture may be considered a service-disabled veteran owned small business concern if the joint venture complies with the requirements in 13 CFR 125.15, provided that any reference therein to SDVO SBC is to be construed to apply to a VA verified SDVOSB as appropriate. (e) Any service-disabled veteran-owned small business concern (non-manufacturer) must meet the requirements in FAR 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program. (End of Clause) C.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) All invoices from the contractor shall be submitted electronically in accordance with VAAR 852.232-72. http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/ C.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/ (End of Clause) FAR Number Title Date 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE JUL 2016 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS DEC 2013 C.6 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008) The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the Web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer. [Contracting officer shall list all FAR and 48 CFR Chapter 8 (VAAR) provisions and clauses incorporated by reference that must be completed by the offeror or prospective contractor and submitted with the quotation or offer.] (End of Provision) FAR Number Title Date 852.246-71 INSPECTION JAN 2008 (End of Addendum to 52.212-4) C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS COMMERCIAL ITEMS (JAN 2017) (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 (NOV 2015). (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: [] (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 (OCT 2015) (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.) [] (4) 52.204 10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) (Pub. L. 109 282) (31 U.S.C. 6101 note). [] (5) [Reserved] [] (6) 52.204 14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111 117, section 743 of Div. C). [] (7) 52.204 15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111 117, section 743 of Div. C). [] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (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. [] (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. [] (16) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)). [] (17)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (15 U.S.C. 637(d)(4)). [] (ii) Alternate I (NOV 2016) of 52.219-9. [] (iii) Alternate II (NOV 2016) of 52.219-9. [] (iv) Alternate III (NOV 2016) of 52.219-9. [] (v) Alternate IV (NOV 2016) of 52.219-9. [X] (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)). [X] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f). [] (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, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)). [] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (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 (OCT 2016) (E.O. 13126). [X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015). [X] (28) 52.222 26, Equal Opportunity (SEP 2016) (E.O. 11246). [] (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212). [X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). [] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). [] (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 (OCT 2015). (E. O. 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) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. [] (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016). [] (37)(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.) [] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693). [] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693). [] (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.) [] (40)(i) 52.223-13, Acquisition of EPEAT ®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). [] (ii) Alternate I (OCT 2015) of 52.223-13. [] (41)(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. [] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b). [] (43)(i) 52.223-16, Acquisition of EPEAT ®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). [] (ii) Alternate I (JUN 2014) of 52.223-16. [X] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693). [] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693). [] (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). [] (ii) Alternate I (JAN 2017) of 52.224-3. [] (48) 52.225-1, Buy American Supplies (MAY 2014) (41 U.S.C. chapter 83). [X] (49)(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. [X] (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. [] (50) 52.225 5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [X] (51) 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). [] (52) 52.225 26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). [] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). [] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). [] (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). [] (56) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). [] (57) 52.232-33, Payment by Electronic Funds Transfer System for Award Management (Jul 2013) (31 U.S.C. 3332). [X] (58) 52.232-34, Payment by Electronic Funds Transfer Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). [] (59) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). [] (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). [] (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)). [] (62)(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) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). [] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). [] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). [] (4) 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). [] (5) 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). [] (6) 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). [] (7) 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). [] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015). [] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). [] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). [] (11) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)). (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 (OCT 2015) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further 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) 52.222-21, Prohibition of Segregated Facilities (APR 2015). (v) 52.222 26, Equal Opportunity (SEP 2016) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). (ix) 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. (x) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). (xi)(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). (xii) 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). (xiii) 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). (xiv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015). (xvi) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (e)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (xvii) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016)). (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 (MAY 2014) (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. (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) SECTION D SOLICITATION PROVISIONS ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL ITEMS 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 following provisions are incorporated into 52.212-1 as an addendum to this solicitation: E.1 52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS REPRESENTATION (DEVIATION) (FEB 2015) (a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (End of Provision) E.2 52.209-5 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION)(MAR 2012) (a) In accordance with Division H, sections 8124 and 8125 of P.L. 112-74 and sections 738 and 739 of P.L. 112-55 none of the funds made available by either Act may be used to enter into a contract with any corporation that (1) Has an unpaid federal tax liability, unless the agency has considered suspension or debarment of the corporation and the Suspension and Debarment Official has made a determination that this action is not necessary to protect the interests of the Government. (2) Has a felony criminal violation under any Federal or State law within the preceding 24 months, unless the agency has considered suspension or debarment of the corporation and Suspension and Debarment Official has made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that (1) The offeror does [ ] does not [ ] have any unpaid Federal tax liability that has been assessed and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (2) The offeror, its officers or agents acting on its behalf have [ ] have not [ ] been convicted of a felony criminal violation under a Federal or State law within the preceding 24 months. (End of Provision) FAR Number Title Date 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING JUL 2016 (End of Addendum to 52.212-1) E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS COMMERCIAL ITEMS (DEC 2016) http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/ SECTION E - EVALUATION 52.212-2 EVALUATION COMMERCIAL ITEMS (OCT 2014) (a) 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, price and other factors considered. The following factors shall be used to evaluate offers: Lowest Price, Technically Acceptable. Technically Acceptable means meeting all salient characteristics. (b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision)
 

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