PAGE 1 OF1. REQUISITION NO.2. CONTRACT NO.3. AWARD ...



PAGE 1 OF1. REQUISITION NO.2. CONTRACT NO.3. AWARD/EFFECTIVE DATE4. ORDER NO.5. SOLICITATION NUMBER6. SOLICITATION ISSUE DATEa. NAMEb. TELEPHONE NO. (No Collect Calls)8. OFFER DUE DATE/LOCALTIME9. ISSUED BYCODE10. THIS ACQUISITION IS UNRESTRICTED ORSET ASIDE:% FOR:SMALL BUSINESSHUBZONE SMALLBUSINESSSERVICE-DISABLEDVETERAN-OWNEDSMALL BUSINESSWOMEN-OWNED SMALL BUSINESS(WOSB) ELIGIBLE UNDER THE WOMEN-OWNEDSMALL BUSINESS PROGRAMEDWOSB8(A)NAICS:SIZE STANDARD:11. DELIVERY FOR FOB DESTINA-TION UNLESS BLOCK ISMARKEDSEE SCHEDULE12. DISCOUNT TERMS 13a. THIS CONTRACT IS ARATED ORDER UNDERDPAS (15 CFR 700)13b. RATING14. METHOD OF SOLICITATIONRFQIFBRFP15. DELIVER TOCODE16. ADMINISTERED BYCODE17a. CONTRACTOR/OFFERORCODEFACILITY CODE18a. PAYMENT WILL BE MADE BYCODETELEPHONE NO. DUNS:DUNS+4:PHONE:FAX:17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKEDSEE ADDENDUM19.20.21.22.23.24.ITEM NO.SCHEDULE OF SUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT(Use Reverse and/or Attach Additional Sheets as Necessary)25. ACCOUNTING AND APPROPRIATION DATA26. TOTAL AWARD AMOUNT (For Govt. Use Only)27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDAAREARE NOT ATTACHED.27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDAAREARE NOT ATTACHED28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________29. AWARD OF CONTRACT: REF. ___________________________________ OFFERCOPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH ANDDATED ________________________________. YOUR OFFER ON SOLICITATIONDELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH AREADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIEDSET FORTH HEREIN IS ACCEPTED AS TO ITEMS:30a. SIGNATURE OF OFFEROR/CONTRACTOR31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)30c. DATE SIGNED31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)31c. DATE SIGNEDAUTHORIZED FOR LOCAL REPRODUCTION(REV. 2/2012)PREVIOUS EDITION IS NOT USABLEPrescribed by GSA - FAR (48 CFR) 53.2127. FOR SOLICITATIONINFORMATION CALL:STANDARD FORM 1449OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 100VA262-15-Q-017104-06-2015Susanne Christen702-791-9000 x.1956004-27-201511:30 ESTDepartment of Veterans AffairsAttn:Contracting Office/Susanne Christen6900 North Pecos RoadBuilding 5, Room Number 1F156North Las Vegas NV 89086X3333181000 EmployeesNet 30 Days N/AXDepartment of Veterans AffairsAttn:Contracting Office/Susanne Christen6900 North Pecos RoadBuilding 5, Room Number 1F156North Las Vegas NV 89186Department of Veterans AffairsAttn:Contracting Office/Susanne Christen6900 North Pecos RoadBuilding 5, Room Number 1F156North Las Vegas NV 89186Department of Veterans AffairsFinancial Services Center CONTINUATION PageSee solicitationSee CONTINUATION PageXXRafael RuizContracting OfficerSECTION AA.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMSTable of Contents TOC \o &quot;1-4&quot; \f \h \z \u \x SECTION A PAGEREF _Toc415760071 \h 1A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS PAGEREF _Toc415760072 \h 1SECTION B - CONTINUATION OF SF 1449 BLOCKS PAGEREF _Toc415760073 \h 4B.1 CONTRACT ADMINISTRATION DATA PAGEREF _Toc415760074 \h 4B.2 NOTICE TO OFFERORS PAGEREF _Toc415760075 \h 5B.3 Price/Cost Schedule PAGEREF _Toc415760076 \h 7B.4 STATEMENT OF WORK (SOW) PAGEREF _Toc415760077 \h 9B.5 LIMITATIONS ON SUBCONTRACTING--MONITORING AND COMPLIANCE (JUN 2011) PAGEREF _Toc415760128 \h 16B.6 SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE (JUN 2011) PAGEREF _Toc415760129 \h 16SECTION C - CONTRACT CLAUSES PAGEREF _Toc415760130 \h 17C.1 52.202-1 DEFINITIONS (NOV 2013) PAGEREF _Toc415760131 \h 17C.2 52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014) PAGEREF _Toc415760132 \h 17C.3 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006) PAGEREF _Toc415760133 \h 18C.4 52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014) PAGEREF _Toc415760134 \h 18C.5 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014) PAGEREF _Toc415760135 \h 19C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEC 2014) PAGEREF _Toc415760136 \h 20C.7 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (DEC 2014) PAGEREF _Toc415760137 \h 26C.8 52.214-21 DESCRIPTIVE LITERATURE (APR 2002) PAGEREF _Toc415760138 \h 32C.9 52.232-1 PAYMENTS (APR 1984) PAGEREF _Toc415760139 \h 32C.10 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) PAGEREF _Toc415760140 \h 33C.11 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) PAGEREF _Toc415760141 \h 33C.12 52.233-1 DISPUTES (MAY 2014) PAGEREF _Toc415760142 \h 33C.13 52.233-3 PROTEST AFTER AWARD (AUG 1996) PAGEREF _Toc415760143 \h 35C.14 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) PAGEREF _Toc415760144 \h 36C.15 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997) PAGEREF _Toc415760145 \h 36C.16 52.243-1 CHANGES—FIXED-PRICE (AUG 1987) PAGEREF _Toc415760146 \h 36C.17 52.246-2 INSPECTION OF SUPPLIES—FIXED-PRICE (AUG 1996) PAGEREF _Toc415760147 \h 37C.18 52.247-34 F.O.B. DESTINATION (NOV 1991) PAGEREF _Toc415760148 \h 39C.19 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) PAGEREF _Toc415760149 \h 40C.20 VAAR 852.211-70 SERVICE DATA MANUALS (NOV 1984) ALTERNATE I (JAN 2008) PAGEREF _Toc415760150 \h 40C.21 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) PAGEREF _Toc415760151 \h 42C.22 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984) PAGEREF _Toc415760152 \h 43C.23 VAAR 852.246-70 GUARANTEE (JAN 2008) PAGEREF _Toc415760153 \h 43C.24 VAAR 852.246-71 INSPECTION (JAN 2008) PAGEREF _Toc415760154 \h 43SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS PAGEREF _Toc415760155 \h 44D.1 ACH PAYMENT OMB No. 1510-0056 PAGEREF _Toc415760156 \h 45D.2 ENVIRONMENTAL STANDARD OPERATING PROCEDURE (ESOP) DATED OCTOBER 1, 2014 PAGEREF _Toc415760157 \h 47SECTION E - SOLICITATION PROVISIONS PAGEREF _Toc415760158 \h 76E.1 52.209-5 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION)(MAR 2012) PAGEREF _Toc415760159 \h 76E.2 52.211-6 BRAND NAME OR EQUAL (AUG 1999) PAGEREF _Toc415760160 \h 76E.3 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (APR 2014) PAGEREF _Toc415760161 \h 77E.4 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) PAGEREF _Toc415760162 \h 81E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (DEC 2014) PAGEREF _Toc415760163 \h 81E.6 52.216-1 TYPE OF CONTRACT (APR 1984) PAGEREF _Toc415760164 \h 96E.7 52.225-18 PLACE OF MANUFACTURE (SEPT 2006) PAGEREF _Toc415760165 \h 96E.8 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN—REPRESENTATION AND CERTIFICATIONS (DEC 2012) PAGEREF _Toc415760166 \h 97E.9 52.233-2 SERVICE OF PROTEST (SEP 2006) PAGEREF _Toc415760167 \h 98E.10 VAAR 852.211-73 BRAND NAME OR EQUAL (JAN 2008) PAGEREF _Toc415760168 \h 99E.11 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) PAGEREF _Toc415760169 \h 100E.12 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998) PAGEREF _Toc415760170 \h 100SECTION B - CONTINUATION OF SF 1449 BLOCKSB.1 CONTRACT ADMINISTRATION DATA 1. Contract Administration: All contract administration matters will be handled by the following individuals: a. CONTRACTOR:[Primary Contractor Contract]: [Company]: [Street Address]: [City, State, Zip]: [Phone Number]: [Email Address]: [DUNS Number]: b. GOVERNMENT: Susanne Christen, Contracting Officer 00262 Department of Veterans Affairs6900 North Pecos Road, Attn: Contracting OfficeBuilding 5, Room Number 1F156North Las Vegas NV 89086 2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:[X]52.232-34, Payment by Electronic Funds Transfer—Other Than System For Award Management, or[]52.232-36, Payment by Third Party 3. INVOICES: Invoices shall be submitted in arrears: a. Quarterly[] b. Semi-Annually[] c. Other[X] After full delivery and complete installation of system. 4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.Department of Veterans AffairsFinancial Services Center ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:B.2 NOTICE TO OFFERORSThe Department of Veterans Affairs San Diego Healthcare System (VASDHS) has a requirement for supplies, and this procurement shall be conducted in accordance with Federal Acquisition Regulation (FAR) Parts 12 and 13. Those providing quotes MUST complete and return all information designated in the enclosed FAR clause 52.212-1, Instructions to Offerors – Commercial Items, paragraph b, prior to the time specified in block 8 of SF1449 in order to be considered for award. Those providing quotes should also reference enclosed FAR clause 52.212-2, Evaluation of Proposals for further information of requirements for the submission of proposals. Failure to do so may preclude the offeror from further consideration.Those providing quotes should thoroughly review the Statement of Work and be familiar with the requirements of the solicitation prior to submitting proposals in order to be fully aware of the scope of services required. Failure to do so will not relieve the successful offeror from performing in accordance with the strict intent and meaning of the specifications without additional cost to the Government. TECHNICAL INQUIRES: All technical inquiries will be submitted via email to Susanne Christen, Contract Specialist, at Susanne.Christen@ by April 14, 2015.DUNS NUMBER: Provide the Dun and Bradstreet Number assigned to your firm in the space provided below: (refer to Provision 52.212-1, Instructions to Offerors – Commercial Items):_____________________________________Federal Acquisition Regulations require all contractors conducting business with the Government to be registered in two separate and individual online databases:The Federal Awardee Performance and Integrity Information System (FAPIIS) found at , a subcomponent of the Past Performance and Information Retrieval System (PPIRS). As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluates contractor past performance on all contracts that exceed $100,000, and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the contractor is provided an opportunity to comment on past performance evaluations prior to each report closing. The PPIRS database, which is available to all Federal agencies, is used to capture this information. Further, your registered representative data, as well as any other information in your registration data, must be kept current. Performance evaluations entered into PPIRS by the contracting officer will be assigned to the contractor’s registered representative for comment. Failure to comment and reassign the report back to the contracting officer, or to maintain current registration, will result in the Government’s evaluation being entered in the database with a statement that you have failed to respond.The System for Award Management (SAM) for the provision of basic information relative to contract awards found at . After initial registration, the contractor is required to update registration data as changes occur and must re-register annually to ensure all data remains current. Noncompliance with this requirement will preclude the exercising of any option periods that may be included herein and will be cause for termination of the contract at such time noncompliance is discovered. Refer to FAR Clause 52.212-4, para (t) for more details.IT IS IMPERATIVE THAT ALL THOSE PROVIDING QUOTES COMPLETE THESE REGISTRATIONS IN ORDER TO BE CONSIDERED FOR CONTRACT AWARD. Award cannot be made to a contractor without current registration in each of these database systems.PAYMENT: Upon award, the successful offeror will be required to establish payment by electronic funds transfer (EFT). For implementing EFT payments, please contact your financial institution for assistance in completion of the Payment Information Form – SF 3881 (reference Section D, Attachment 1), and submit to the VA Finance Center in Austin, Texas. SF 3881 is NOT to be returned with the proposal. It must be submitted by the contractor who provides the SUCCESSFUL quote directly to the VA Finance Center in Austin, Texas.B.3 Price/Cost ScheduleThis is a Brand Name or Equal solicitation. The brand name for item number one (1) below is Aquaboss ?EcoRO DIA II 1400 HT, and it is manufactured by Lauer Membran Wassertechnik GmbH. All other line items are not Brand Name or Equal, but must be compatible with line item number one (1) or Equal item(s). Name brand quotes may only be accepted from authorized distributor(s)/manufacturer. For quotes, please list the local part number, each unit’s price, and the extended price, as well as, the total extended price in the chart below. Quotes shall be in United States currency. ITEM DESCRIPTION – MANUFACTURER AND MANUFACTURER'S PART NUMBERQuantityUnitLOCAL PART NUMBERPRICE EACHEXTENDED PRICE1. Aquaboss ? EcoRO DIA II 1400 (HT)Lauer Membran Wassertechnik GmbH, Manufacturer’s part number: 11071421EA???????????????2. Hot disinfection systemNot applicable, not applicable1EA???????????3. Transformer 22.5 KVA 480-400+neutral?Not applicable, not applicable1EA???????????????4. Visualization program software?Not applicable, not applicable1EA???????????????5. Vision software license RO?Not applicable, not applicable1EA???????????????6. Vision software license HRS?Not applicable, not applicable1EA???????????????7. Vision hardware, network and comm server?Not applicable, not applicable1EA???????????????8. Impulse shear force rinsing?Not applicable, not applicable1EA???????????????9. Permeate ringpiping, PEX 32mm, 100m?Not applicable, not applicable2EA???????????????10. Ringpiping insulation 1Not applicable, not applicable200EA???????????????11. Differential pressure bulbs SS 316L, 32mm?Not applicable, not applicable27EA???????????????12. Secondary ring piping (3,000 mm)Not applicable, not applicable23EA???????????????13. Secondary ring piping (7,000 mm)?Not applicable, not applicable4EA???????????????14. Thermoinsulation secondary loop?Not applicable, not applicable27EA???????????????15. Permeate coupling nipple (male DN6)?Not applicable, not applicable25EA???????????????16. Permeate coupling nipple (female DN6)?Not applicable, not applicable5EA???????????????17. Stainless steel wall fixing point?Not applicable, not applicable24EA???????????????18. Remote control and fault detectorNot applicable, not applicable1EA???????????????Total Extended Price?B.4 STATEMENT OF WORK (SOW)4.1 Background: The hemodialysis unit at VASDHS has a requirement for a stationary hemodialysis water treatment system. The new water treatment system will replace an existing system, and have up-to-the-minute technology to improve patient care for veterans who require hemodialysis. Hemodialysis requires tremendous amounts of continuous and reliable AAMI-quality purified water to sustain life for more than 81 veterans in the San Diego area, and a highly specialized reverse osmosis (RO) water treatment system is required to provide this level of water quality. Specific requirements are as follows:4.2 Supplies/services:The existing hemodialysis RO water treatment system is going to be replaced with a new hemodialysis water treatment system (RO and distribution loop). It shall be installed alongside the existing system, and the existing system will continue to be in operation until the new system has been delivered, installed, setup, tested, and validated. The Department of Veterans Affairs (VA) will be responsible for removal of the existing system. The new hemodialysis RO water treatment system shall be completely new. The new system shall not be used, refurbished, or any other form, including substitutions.4.2.1 Contractor will be responsible for:4.2.1.1 Delivery of equipment to the VASDHS warehouse,4.2.1.2 Inspection of all of the equipment and components for the new system prior to installation,4.2.1.3 Coordination of the installation plan with the point of contact (POC) who will be theLead Hemodialysis Medical Instrument Technician (MIT),4.2.1.4 Installation of new system alongside existing system,4.2.1.5 Connection of the new system to the feed water supply,4.2.1.6 Ensuring VASDHS asbestos protocols as provided in the VASDHS,4.2.1.7 Environmental Standard Operating Procedure (ESOP) dated October 1, 2014 are continuously followed (ESOP is attached to RFQ),4.2.1.8 Ensuring that work areas are cleaned each day,4.2.1.9 Setup of the new system,4.2.1.10 Testing for proper operation/functioning of the entire system,4.2.1.11 Validation of the new system, and4.2.1.12 Training for VA staff,4.2.2 VASDHS will be responsible for:4.2.2.1 Providing one 480V disconnect switch and one 208V disconnect switch in the installation area.4.2.2.3 Removal of existing water system components, and4.2.2.4 Monitoring, testing, and maintenance of system after installation.4.2.3 Salient requirements of hemodialysis water treatment system:4.2.3.1 The system must be designed to be used at dialysis clinics or hospitals for use in hemodialysis applications.4.2.3.2 System must be FDA 510k cleared for use in hemodialysis.4.2.3.3 System must be designed for use with cold (non-tempered), pre-treatment water.4.2.3.4 System must be fully redundant and able to produce water in the event of a pump failure.4.2.3.5 System must allow for a signal from an external hard water monitor.4.2.3.6 User controls/Interface, device must include a graphical user interface that displays:4.2.3.6.1 Mode of operation,4.2.3.6.2 Status of operation,4.2.3.6.3 Real-time process information against limits,4.2.3.6.4 Logging of process information,4.2.3.6.5 Notification of alarm conditions,4.2.3.6.6 Logging of fault codes and conditions,4.2.3.6.7 Flow diagram that indicates current process conditions,4.2.3.6.8 Remote monitor at nurses station, and4.2.3.6.9 Computer software for remote location monitoring via thelocal area network (LAN).4.2.3.6.10 Desktop software shall be Windows 7 and 64-bit compatible.4.2.3.7 Water quality: 4.2.3.7.1 In order to reduce effects of dialysis-induced inflammation, the equipment must be a double-pass RO system capable of providing ultrapure, or near ultrapure water, without the aid of UF, UV, or endotoxin filters.4.2.3.7.2 In order to prevent bacterial growth:4.2.3.7.2.1 System must be of “direct-feed” design and not employ the use of a water storage tank. 4.2.3.7.2.2 Each tap from the distribution system must employ a dual-hose, crush-proof tubing design that provides a constant flow of water through the tubing. 4.2.3.7.2.3 This tubing needs to extend approximately three (3) meters from the point of connection directly to the dialysis machine water inlet connection at each bedside.4.2.3.7.2.4 In order to achieve the highest level of disinfection for biofilm and prevent bacterial growth, the entire system must employ an in-line heat disinfection method (no tanks). The heating system shall be programmable and have the capability of disinfecting the RO, distribution lines, and connected dialysis machines; for complete end-to-end disinfection.4.2.3.7.2.5 The design of the entire system shall incorporate the use of pharmaceutical quality, orbitally welded 316L stainless steel or flexible, insulated high-grade PEX tubing. Flexible tubing shall be used for all connections inside walls and cabinets to aid in installation.4.2.3.7.2.6 The system shall include an automatic, self-cleaning system that continuously cleans the RO membranes without the aid of corrosive chemicals, thus preventing contamination with bacteria. 4.2.3.7.2.7 The system must flush automatically during standby to reduce microbial growth in the system.4.2.3.7.3 The system shall be designed such that corrosive and toxic chemicals are not required for disinfection and cleaning under normal circumstances to prevent chemical exposure to patients. Use of these chemicals leads to small residual amounts left in the system even after rinsing to manufacturer’s recommendations. 4.2.3.8 Reduction of downtime and maintenance:4.2.3.8.1 A system that only requires annual maintenance is preferred in order to reduce downtime associated with monthly and quarterly maintenance.4.2.3.8.2 The system shall include an automatic, self-cleaning system that cleans the RO membranes without the aid of corrosive chemicals and disinfectants to eliminate equipment downtime (60 hours/yr), and considerable vendor-related expense ($60,000/yr) associated with quarterly cleaning and disinfection.4.2.3.9 Energy usage and water consumption: 4.2.3.9.1 The system shall be designed to recover at least 85 percent of the feed water consumed into product water.4.2.3.9.2 In order to reduce electrical demand required for heat disinfection, the system shall not use water tanks.4.2.3.10 Prevention of property damage:4.2.3.10.1 The system shall monitor for system leakage and notify hemodialysis staff when it occurs.4.2.3.10.2 The system shall be capable of reducing after-hours property damage associated with leaking dialysis machines and shut down the water supply if a leak is detected.4.2.3.11 Standards:4.2.3.11.1 Minimum water quality requirements as specified by the AAMI AISI ISO standard 13959: 2009 must be met by the system.4.2.3.11.2 Minimum water quality requirements as specified by the AAMI ANSI ISO standard 23500: 2001 must be met by the system.4.2.3.11.3 The manufacturer of the system must be ISO 9001 and ISO 13485 certified.4.3 Qualifications of Personnel:4.3.1 The level of operations certifications required of contractor personnel depends on whether personnel will come into contact with asbestos during installation of the system or not. 4.3.1.1 If asbestos is not going to be disturbed, proof of completion of Class III operations certification is required for each of the contractor’s workers. A copy of the 16-hour training certificate shall be provided to the contracting officer for each of the contractor’s employees who will be working on installation of the system within two (2) days of award.4.3.1.2 If asbestos is going to be disturbed, proof of completion of Class I operations certification is required for each of the contractor’s workers. A copy of the 4-5 day training certificate shall be provided to the contracting officer for each of the contractor’s employees who will be working on installation of the system within two (2) days of award. 4.3.1.3 Approved asbestos trainers and courses can be found at . 4.3.2 Additional site-specific asbestos training shall be conducted by the VASDHS asbestos manager.4.3.3 Contractor’s personnel assigned to install the system as described in this solicitation must have been trained by the manufacturer on the specific system being installed. Proof of training must be provided to either the contracting officer or POC at VASDHS within two (2) days of a request for proof of training at any time after award. 4.4 Hours/Period of Performance:Installation must not impact patient care, and shall be performed as follows:4.4.1 In patient care areas, work shall be performed during evenings and on weekends. 4.4.1.1 On Mondays, Wednesdays, and Fridays, work shall be performed between the hours of 7:30 p.m. and 4:30 a.m.4.4.1.2 On Tuesdays, Thursdays, and Saturdays, work shall be performed between the hours of 4:30 p.m. and 4:30 a.m.4.4.1.3 On Sundays, work shall be performed during all daytime hours.4.4.2 At the discretion of the nursing department some approved work may be done during normal operations. A point of contact (POC) will be provided to assist with any requests. 4.5 Performance Monitoring:4.5.1 Upon completion of installation and training, the VASDHS shall monitor and verify the equipment and installation during operations as outlined by the manufacturer for a total of three (3), contiguous, consecutive, uninterrupted business days. This period of three (3) days shall be the acceptance phase of the installation. The vendor is required to supply VASDHS with an acceptance form to be signed off at the end of the acceptance phase to indicate possession of the installation and equipment and to inform the contracting office to proceed with payment(s) as outlined in the purchase order.4.5.2 Any problems with the system must be isolated and repaired by the vendor during the acceptance period. The vendor will troubleshoot the hardware, software, and communications/ancillary equipment to determine the best method of repair. The vendor shall provide brief descriptive resolution of all maintenance. Please note that any problems with the system during the acceptance phase will result in a reset of the acceptance phase, resulting in a new three (3) week acceptance phase as outlined above.4.6 Risk Control:Contractor will ensure that work does not impede hemodialysis patient care. This includes:4.6.1 Existing water system and/or solution delivery system may not be shut-down, 4.6.2 There may not be any loud noises that can be heard in patient areas, direct patient care area, and/or any adjacent surrounding area(s), 4.6.3 Areas accessed must be kept clean and free of contamination, and4.6.4 Equipment may not block entrance(s) or exit(s).4.7 Support Features:4.7.1 User and Service Manuals: The contractor shall provide to VASDHS, at no charge, two (2) complete and unabridged printed copies and one (1) electronic version (CD) of operator manuals, service manuals, troubleshooting guides, any necessary diagnostic software and tools to the VA POC overseeing installation of equipment at the time of installation. Additionally, any upgrades to these documents shall be provided by the contractor free of charge. These manuals shall include all components and subassemblies, including those not manufactured by the contractor. These manuals and documentation shall be identical to the ones supplied to the manufacturer’s service representatives and shall contain any diagnostic codes, commands, and passwords utilized in maintenance, repair, and calibration of the equipment and provided for the life of the system at no additional cost.4.7.2 Clinical Training: 4.7.2.1 A training plan shall be provided to the POC for approval within 20 days from the date of contract award and/or receipt of the contract award.4.7.2.2 The contractor shall provide operational, programming, and maintenance training.4.7.2.2.1 Operation training for MIT staff, maintenance training for biomedical staff, and programming training shall be from 7 a.m. to 3 p.m. Monday through Friday.4.7.2.2.2 Training shall take place on the 3rd floor west in the hemodialysis area of the VASDHS hospital.4.7.3 Upgrade/Updates: The contractor shall provide updates to any critical software at no additional charge to the Government. These shall be provided as they become commercially available and at the same time as they are being provided to commercial customers. 4.7.4 Packaging and Marking:4.7.4.1 All equipment and supplies shall be adequately packaged to prevent damage during shipping, handling, and storage. Bags or packages shall be whole, intact, and not otherwise torn or damaged. Upon delivery, the Government shall examine all packages. The contractor shall be required to replace damaged products at the contractor’s expense.4.7.4.2 All items shall be marked clearly with the order number, obligation number, and delivery location. 4.7.5 Deliveries, Ordering, and Performance:4.7.5.1 Ordering:The VA will submit a delivery order using Standard Form 1449. The contractor shall provide all supplies contained in the delivery order provided by the VA. Contractors shall not ADD or SUBSTITUTE components without prior approval from the contracting officer responsible for the delivery order. All items provided by the contractor shall be new, and not refurbished or recycled.4.7.5.2 Deliveries:4.7.5.2.1 The contractor will ship to the location listed in block 15 of the delivery order Standard Form 1449 unless prior approval is received in writing by the contracting officer.4.7.5.2.2 Equipment shall be shipped within seven (7) calendar days after receipt of a purchase order unless prior approval is received in writing by the contracting officer.4.7.5.2.3 The contractor must have the capability to receive order via facsimile transmission if necessary. The Government will generally submit all purchase orders to the contractor via email.4.7.5.2.4 Delivery shall be f.o.b. destination. Offers submitted on a basis other than f.o.b. destination will be rejected as nonresponsive.4.7.5.3 The system shall be installed at the VASDHS medical center in the hemodialysis suite on the third floor in rooms 3090 -3119.B.5 LIMITATIONS ON SUBCONTRACTING--MONITORING AND COMPLIANCE (JUN 2011) This solicitation includes FAR 52.219-4 Notice of Price Evaluation Preference for HubZone Small Business Concerns. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.(End of Clause)B.6 SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE (JUN 2011) This solicitation includes VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, and VAAR 852.215-71, Evaluation Factor Commitments. Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor compliance with the subcontracting commitments.(End of Clause)SECTION C - CONTRACT CLAUSESC.1 52.202-1 DEFINITIONS (NOV 2013) When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless— (a) The solicitation, or amended solicitation, provides a different definition; (b) The contracting parties agree to a different definition; (c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or (d) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.(End of Clause)C.2 52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014) (a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee. (b) "Bona fide agency," as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence. "Bona fide employee," as used in this clause, means a person, employed by a contractor and subject to the contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence. "Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract. "Improper influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter.(End of Clause)C.3 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006) (a) Except as provided in (b) below, the Contractor shall not enter into any agreement with an actual or prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to the Government of any item or process (including computer software) made or furnished by the subcontractor under this contract or under any follow-on production contract. (b) The prohibition in (a) above does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation. (c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcontracts under this contract which exceed the simplified acquisition threshold.(End of Clause)C.4 52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014) (a) Definitions. "Kickback," as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract. "Person," as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual. "Prime contract," as used in this clause, means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind. "Prime Contractor" as used in this clause, means a person who has entered into a prime contract with the United States. "Prime Contractor employee," as used in this clause, means any officer, partner, employee, or agent of a prime Contractor. "Subcontract," as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract. "Subcontractor," as used in this clause, (1) means any person, other than the prime contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and (2) includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor. "Subcontractor employee," as used in this clause, means any officer, partner, employee, or agent of a subcontractor. (b) 41 U.S.C. chapter 87, Kickbacks, prohibits any person from— (1) Providing or attempting to provide or offering to provide any kickback; (2) Soliciting, accepting, or attempting to accept any kickback; or (3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor. (c) (1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its own operations and direct business relationships. (2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Attorney General. (3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (b) of this clause. (4) The Contracting Officer may (i) offset the amount of the kickback against any monies owed by the United States under the prime contract and/or (ii) direct that the Prime Contractor withhold from sums owed a subcontractor under the prime contract, monies withheld, the amount of the kickback. The Contracting Officer may order that monies withheld under subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (c)(4)(i) of this clause. In either case, the Prime Contractor shall notify the Contracting Officer when the monies are withheld. (5) The Contractor agrees to incorporate the substance of this clause, including subparagraph (c)(5) but excepting subparagraph (c)(1), in all subcontracts under this contract which exceed $150,000.(End of Clause)C.5 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014) (a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and FAR 3.908. (b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.(End of Clause)C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEC 2014) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) (2) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104 (g)). (3) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (4) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). [] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(41 U.S.C. 3509). [] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) [X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). [] (5) [Reserved] [] (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C). [] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L. 111-117, section 743 of Div. C). [X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note). [] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). [] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a). [] (ii) Alternate I (NOV 2011) of 52.219-3. [X] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). [] (ii) Alternate I (JAN 2011) of 52.219-4. [] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644). [] (ii) Alternate I (NOV 2011). [] (iii) Alternate II (NOV 2011). [] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). [] (ii) Alternate I (Oct 1995) of 52.219-7. [] (iii) Alternate II (Mar 2004) of 52.219-7. [X] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3). [] (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2014) (15 U.S.C. 637(d)(4)). [] (ii) Alternate I (Oct 2001) of 52.219-9. [] (iii) Alternate II (Oct 2001) of 52.219-9. [] (iv) Alternate III (OCT 2014) of 52.219-9. [] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)). [] (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)). [] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). [] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f). [X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)). [] (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). [] (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). [X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). [X] (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2014) (E.O. 13126). [X] (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). [X] (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). [X] (29) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212). [X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). [X] (31) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212). [X] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). [] (33) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) [] (34)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (35)(i) 52.223-13, Acquisition of EPEAT?-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). [] (ii) Alternate I (JUN 2014) of 52.223-13. [] (36)(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. [] (37) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b). [] (38)(i) 52.223-16, Acquisition of EPEAT?-Registered Personal Computer Products (JUN 2014) (E.O.s 13423 and 13514). [] (ii) Alternate I (JUN 2014) of 52.223-16. [X] (39) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [X] (40) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83). [] (41)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. [] (ii) Alternate I (MAY 2014) of 52.225-3. [] (iii) Alternate II (MAY 2014) of 52.225-3. [] (iv) Alternate III (MAY 2014) of 52.225-3. [X] (42) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [X] (43) 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). [] (44) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). [] (45) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). [] (46) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). [] (47) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). [] (48) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). [] (49) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332). [X] (50) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). [] (51) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). [] (52) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). [] (53)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). [] (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [] (1) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). [] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). [] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). [] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67). [] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67). [] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67). [] (7) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). [] (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). [] (9) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)). [] (10) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 13658). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause— (i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212). (vi) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). (vii) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212). (viii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (ix) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). (x) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (xi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67). (xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67). (xiii) 52.222-54, Employment Eligibility Verification (AUG 2013). (xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 13658). (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.(End of Clause)C.7 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (DEC 2014) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights— (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include— (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, contract line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment.— (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall— (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the— (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected contract line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if— (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on— (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) The schedule of supplies/services. (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) The clause at 52.212-5. (4) Addenda to this solicitation or contract, including any license agreements for computer software. (5) Solicitation provisions if this is a solicitation. (6) Other paragraphs of this clause. (7) The Standard Form 1449. (8) Other documents, exhibits, and attachments (9) The specification. (t) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through . (u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (i) Any such clause is unenforceable against the Government. (ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause. (iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. (v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.(End of Clause)C.8 52.214-21 DESCRIPTIVE LITERATURE (APR 2002) (a) Descriptive literature, as used in this provision, means information furnished by a bidder, such as cuts, illustrations, drawings, and brochures, that shows a product's characteristics or construction or explains its operation. The term includes only that information required to evaluate the acceptability of the product and excludes other information for operating or maintaining the product. (b) Descriptive literature is required to establish, for the purpose of evaluation and award, details of the product offered that are specified elsewhere in the solicitation and pertain to significant elements such as— (1) Design; (2) Materials; (3) Components; (4) Performance characteristics; and (5) Methods of manufacture, assembly, construction, or operation. (c) Descriptive literature, required elsewhere in this solicitation, shall be— (1) Identified to show the item(s) of the offer to which it applies; and (2) Received by the time specified in this solicitation. (d) If the bidder fails to submit descriptive literature on time, the Government will reject the bid, except that late descriptive literature sent by mail may be considered under the Late Submissions, Modifications, and Withdrawals of Bids provision of this solicitation. (e) If the descriptive literature fails to show that the product offered conforms to the requirements of the solicitation, the Government will reject the bid.(End of Provision)C.9 52.232-1 PAYMENTS (APR 1984) The Government shall pay the Contractor, upon the submission of proper invoices or vouchers, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract. Unless otherwise specified in this contract, payment shall be made on partial deliveries accepted by the Government if: (a) The amount due on the deliveries warrants it; or (b) The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50 percent of the total contract price.(End of Clause)C.10 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) (a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (1) Any such clause is unenforceable against the Government. (2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause. (3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.(End of Clause)C.11 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) (a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor. (b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. (c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.(End of Clause)C.12 52.233-1 DISPUTES (MAY 2014) (a) This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. (b) Except as provided in 41 U.S.C. chapter 71, all disputes arising under or related to this contract shall be resolved under this clause. (c) "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under 41 U.S.C. chapter 71 until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under 41 U.S.C. chapter 71. The submission may be converted to a claim under 41 U.S.C. chapter 71, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. (d)(1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer. (2)(i) The Contractor shall provide the certification specified in paragraph (d)(2)(iii) of this clause when submitting any claim exceeding $100,000. (ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim. (iii) The certification shall state as follows: "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am authorized to certify the claim on behalf of the Contractor." (3) The certification may be executed by any person authorized to bind the Contractor with respect to the claim. (e) For Contractor claims of $100,000 or less, the contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor-certified claims over $100,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made. (f) The Contracting Officer's decision shall be final unless the contractor appeals or files a suit as provided in 41 U.S.C. chapter 71. (g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative dispute resolution (ADR). If the Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the Contractor's specific reasons for rejecting the offer. (h) The Government shall pay interest on the amount found due and unpaid from (1) the date that the Contracting Officer receives the claim (certified, if required); or (2) the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications, as defined in (FAR) 48 CFR 33.201, interest shall be paid from the date that the Contracting Officer initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the ACT, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim. (i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting Officer.(End of Clause)C.13 52.233-3 PROTEST AFTER AWARD (AUG 1996) (a) Upon receipt of a notice of protest (as defined in FAR 33.101) or a determination that a protest is likely (see FAR 33.102(d)), the Contracting Officer may, by written order to the Contractor, direct the Contractor to stop performance of the work called for by this contract. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Upon receipt of the final decision in the protest, the Contracting Officer shall either— (1) Cancel the stop-work order; or (2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract. (b) If a stop-work order issued under this clause is canceled either before or after a final decision in the protest, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if— (1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and (2) The Contractor asserts its right to an adjustment within 30 days after the end of the period of work stoppage; provided, that if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon a proposal submitted at any time before final payment under this contract. (c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement. (d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order. (e) The Government's rights to terminate this contract at any time are not affected by action taken under this clause. (f) If, as the result of the Contractor's intentional or negligent misstatement, misrepresentation, or miscertification, a protest related to this contract is sustained, and the Government pays costs, as provided in FAR 33.102(b)(2) or 33.104(h)(1), the Government may require the Contractor to reimburse the Government the amount of such costs. In addition to any other remedy available, and pursuant to the requirements of Subpart 32.6, the Government may collect this debt by offsetting the amount against any payment due the Contractor under any contract between the Contractor and the Government.(End of Clause)C.14 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) United States law will apply to resolve any claim of breach of this contract.(End of Clause)C.15 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997) (a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract. (b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective— (1) For such period as the laws of the State in which this contract is to be performed prescribe; or (2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.(End of Clause)C.16 52.243-1 CHANGES—FIXED-PRICE (AUG 1987) (a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in any one or more of the following: (1) Drawings, designs, or specifications when the supplies to be furnished are to be specially manufactured for the Government in accordance with the drawings, designs, or specifications. (2) Method of shipment or packing. (3) Place of delivery. (b) If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this contract, whether or not changed by the order, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract. (c) The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract. (d) If the Contractor's proposal includes the cost of property made obsolete or excess by the change, the Contracting Officer shall have the right to prescribe the manner of the disposition of the property. (e) Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed.(End of Clause)C.17 52.246-2 INSPECTION OF SUPPLIES—FIXED-PRICE (AUG 1996) (a) Definition. "Supplies," as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies. (b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract. (c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract. (d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor's or subcontractor's premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples. (e) (1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test. (2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary. (f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions. (g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken. (h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either (1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute. (i) (1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time (i) when Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract and (ii) when the supplies will be ready for Government inspection. (2) The Government's request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor's plant, nor more than 7 workdays in other instances. (j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies. (k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract. (l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor's plant at the Contracting Officer's election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects of nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor's plant and return to the original point when that point is not the Contractor's plant. If the Contractor fails to perform or act as required in (1) or (2) above and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.(End of Clause)C.18 52.247-34 F.O.B. DESTINATION (NOV 1991) (a) The term "f.o.b. destination," as used in this clause, means— (1) Free of expense to the Government, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and (2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarder for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee. (b) The Contractor shall— (1)(i) Pack and mark the shipment to comply with contract specifications; or (ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements; (2) Prepare and distribute commercial bills of lading; (3) Deliver the shipment in good order and condition to the point of delivery specified in the contract; (4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract; (5) Furnish a delivery schedule and designate the mode of delivering carrier; and (6) Pay and bear all charges to the specified point of delivery.(End of Clause)C.19 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.20 VAAR 852.211-70 SERVICE DATA MANUALS (NOV 1984) ALTERNATE I (JAN 2008) (a) The successful bidder will supply operation/maintenance (service data) manuals with each piece of equipment in the quantity specified in the solicitation and resulting purchase order. As a minimum, the manual(s) shall be bound and equivalent to the manual(s) provided the manufacturer's designated field service representative as well as comply with all the requirements in paragraphs (b) through (i) of this clause. Sections, headings and section sequence identified in (b) through (i) of this clause are typical and may vary between manufacturers. Variances in the sections, headings and section sequence, however, do not relieve the manufacturer of his/her responsibility in supplying the technical data called for therein. (b) Title Page and Front Matter. The title page shall include the equipment nomenclature, model number, effective date of the manual and the manufacturer's name and address. If the manual applies to a particular version of the equipment only, the title page shall also list that equipment's serial number. Front matter shall consist of the Table of Contents, List of Tables, List of Illustrations and a frontispiece (photograph or line drawing) depicting the equipment. (c) Section I, General Description. This section shall provide a generalized description of the equipment or devices and shall describe its purpose or intended use. Included in this section will be a table listing all pertinent equipment specifications, power requirements, environmental limitations and physical dimensions. (d) Section II, Installation. Section II shall provide pertinent installation information. It shall list all input and output connectors using applicable reference designators and functional names as they appear on the equipment. Included in this listing will be a brief description of the function of each connector along with the connector type. Instructions shall be provided as to the recommended method of repacking the equipment for shipment (packing material, labeling, etc.). (e) Section III, Operation. Section III will fully describe the operation of the equipment and shall include a listing of each control with a brief description of its function and step-by-step procedures for each operating mode. Procedures will use the control(s) nomenclature as it appears on the equipment and will be keyed to one or more illustrations of the equipment. Operating procedures will include any preoperational checks, calibration adjustments and operation tests. Notes, cautions and warnings shall be set off from the text body so they may easily be recognizable and will draw the attention of the reader. Illustrations should be used wherever possible depicting equipment connections for test, calibration, patient monitoring and measurements. For large, complex and/or highly versatile equipment capable of many operating modes and in other instances where the Operation Section is quite large, operational information may be bound separately in the form of an Operators Manual. The providing of a separate Operators manual does not relieve the supplier of his responsibility for providing the minimum acceptable maintenance data specified herein. When applicable, flow charts and narrative descriptions of software shall be provided. If programming is either built-in and/or user modifiable, a complete software listing shall be supplied. Equipment items with software packages shall also include diagnostic routines and sample outputs. Submission information shall be given in the Maintenance Section to identify equipment malfunctions that are software related. (f) Section IV, Principles of Operation. This section shall describe in narrative form the principles of operation of the equipment. Circuitry shall be discussed in sufficient detail to be understood by technicians and engineers who possess a working knowledge of electronics and a general familiarity with the overall application of the devices. The circuit descriptions should start at the overall equipment level and proceed to more detailed circuit descriptions. The overall description shall be keyed to a functional block diagram of the equipment. Circuit descriptions shall be keyed to schematic diagrams discussed in paragraph (i) below. It is recommended that for complex or special circuits, simplified schematics should be included in this section. (g) Section V, Maintenance. The maintenance section shall contain a list of recommended test equipment, special tools, preventive maintenance instructions and corrective information. The list of test equipment shall be that recommended by the manufacturer and shall be designated by manufacturer and model number. Special tools are those items not commercially available or those that are designed specifically for the equipment being supplied. Sufficient data will be provided to enable their purchase by the Department of Veterans Affairs. Preventive maintenance instructions shall consist of those recommended by the manufacturer to preclude unnecessary failures. Procedures and the recommended frequency of performance shall be included for visual inspection, cleaning, lubricating, mechanical adjustments and circuit calibration. Corrective maintenance shall consist of the data necessary to troubleshoot and rectify a problem and shall include procedures for realigning and testing the equipment. Troubleshooting shall include either a list of test points with the applicable voltage levels or waveforms that would be present under a certain prescribed set of conditions, a troubleshooting chart listing the symptom, probable cause and remedy, or a narrative containing sufficient data to enable a test technician or electronics engineer to determine and locate the probable cause of malfunction. Data shall also be provided describing the preferred method of repairing or replacing discrete components mounted on printed circuit boards or located in areas where special steps must be followed to disassemble the equipment. Procedures shall be included to realign and test the equipment at the completion of repairs and to restore it to its original operating condition. These procedures shall be supported by the necessary waveforms and voltage levels, and data for selecting matched components. Diagrams, either photographic or line, shall show the location of printed circuit board mounted components. (h) Section VI, Replacement Parts List. The replacement parts list shall list, in alphanumeric order, all electrical/electronic, mechanical and pneumatic components, their description, value and tolerance, true manufacturer and manufacturers' part number. (i) Section VII, Drawings. Wiring and schematic diagrams shall be included. The drawings will depict the circuitry using standard symbols and shall include the reference designations and component values or type designators. Drawings shall be clear and legible and shall not be engineering or productions sketches. (j) Initial purchase. The contractor agrees, when requested by the contracting officer, to furnish not more than three copies of the technical documentation required by paragraph 852.211-70(a) to the Service and Reclamation Division, Hines, IL. In addition, the contractor agrees to furnish two additional copies of the technical documentation required by 852.211-70(a) with each piece of equipment sold as a result of the invitation for bid or request for proposal.(End of Clause)C.21 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) (a) Definitions. As used in this clause— (1) Contract financing payment has the meaning given in FAR 32.001. (2) Designated agency office has the meaning given in 5 CFR 1315.2(m). (3) Electronic form means an automated system transmitting information electronically according to the Accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests. (4) Invoice payment has the meaning given in FAR 32.001. (5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract. (b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required. (c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following: (1) VA’s Electronic Invoice Presentment and Payment System. (See Web site at .) (2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site () includes additional information on EDI 810 and 811 formats. (d) Invoice requirements. Invoices shall comply with FAR 32.905. (e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for: (1) Awards made to foreign vendors for work performed outside the United States; (2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information; (3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies; (4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or (5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.(End of Clause)C.22 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984) The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Nevada. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.(End of Clause)C.23 VAAR 852.246-70 GUARANTEE (JAN 2008) The contractor guarantees the equipment against defective material, workmanship and performance for a period of , said guarantee to run from date of acceptance of the equipment by the Government. The contractor agrees to furnish, without cost to the Government, replacement of all parts and material that are found to be defective during the guarantee period. Replacement of material and parts will be furnished to the Government at the point of installation, if installation is within the continental United States, or f.o.b. the continental U.S. port to be designated by the contracting officer if installation is outside of the continental United States. Cost of installation of replacement material and parts shall be borne by the contractor.(End of Clause)C.24 VAAR 852.246-71 INSPECTION (JAN 2008) Rejected goods will be held subject to contractors order for not more than 15 days, after which the rejected merchandise will be returned to the contractor's address at his/her risk and expense. Expenses incident to the examination and testing of materials or supplies that have been rejected will be charged to the contractor's account.(End of Clause)SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTSD.1 ACH PAYMENT OMB No. 1510-0056This form is used for Automated Clearing House (ACH) payments with an addendum record that contains payment-related information processed through the Vendor Express Program. Recipients of these payments should bring this information to the attention of their financial institution when presenting this form for completion. See reverse for additional instructions. PRIVACY ACT STATEMENT AGENCY INFORMATION FEDERAL PROGRAM AGENCY AGENCY IDENTIFIER: AGENCY LOCATION CODE (ALC): ACH FORMAT: CCD+ CTX CTPADDRESS: CONTACT PERSON NAME: TELEPHONE NUMBER: ( ) ADDITIONAL INFORMATION: The following information is provided to comply with the Privacy Act of 1974 (P.L. 93-579). All information collected on this form is required under the provisions of 31 U.S.C. 3322 and 31 CFR 210. This information will be used by the Treasury Department to transmit payment data, by electronic means to vendor's financial institution. Failure to provide the requested information may delay or prevent the receipt of payments through the Automated Clearing House Payment System. ACH VENDOR/MISCELLANEOUS PAYMENT ENROLLMENT FORM PAYEE/COMPANY INFORMATION NAME SSN NO. OR TAXPAYER ID NO. ADDRESS CONTACT PERSON NAME: TELEPHONE NUMBER: ( ) FINANCIAL INSTITUTION INFORMATION NAME: ADDRESS: ACH COORDINATOR NAME: TELEPHONE NUMBER: ( ) NINE-DIGIT ROUTING TRANSIT NUMBER: DEPOSITOR ACCOUNT TITLE: DEPOSITOR ACCOUNT NUMBER: LOCKBOX NUMBER: TYPE OF ACCOUNT: CHECKING SAVINGS LOCKBOX SIGNATURE AND TITLE OF AUTHORIZED OFFICIAL: (Could be the same as ACH Coordinator) TELEPHONE NUMBER: ( ) Instructions for Completing SF 3881 Form AUTHORIZED FOR LOCAL REPRODUCTION SF 3881 (Rev. 2/2003 )Prescribed by Department of Treasury31 U S C 3322; 31 CFR 210 Make three copies of form after completing. Copy 1 is the Agency Copy; copy 2 is the Payee/ Company Copy; and copy 3 is the Financial Institution Copy. The estimated average burden associated with this collection of information is 15 minutes per respondent or recordkeeper, depending on individual circumstances. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Financial Management Service, Facilities Management Division, Property and Supply Branch, Room B-101, 3700 East West Highway, Hyattsville, MD 20782 and the Office of Management and Budget, Paperwork Reduction Project (1510-0056), Washington, DC 20503. Agency Information Section - Federal agency prints or types the name and address of the Federal program agency originating the vendor/miscellaneous payment, agency identifier, agency location code, contact person name and telephone number of the agency. Also, the appropriate box for ACH format is checked. Payee/Company Information Section - Payee prints or types the name of the payee/company and address that will receive ACH vendor/miscellaneous payments, social security or taxpayer ID number, and contact person name and telephone number of the payee/company. Payee also verifies depositor account number, account title, and type of account entered by your financial institution in the Financial Institution Information Section. Financial Institution Information Section - Financial institution prints or types the name and address of the payee/company's financial institution who will receive the ACH payment, ACH coordinator name and telephone number, nine-digit routing transit number, depositor (payee/ company) account title and account number. Also, the box for type of account is checked, and the signature, title, and telephone number of the appropriate financial institution official are included. Burden Estimate Statement D.2 ENVIRONMENTAL STANDARD OPERATING PROCEDURE (ESOP) DATED OCTOBER 1, 2014Environmental Standard Operating Procedure (ESOP)Originating Office:Environment, Health & SafetyRevision: 4Supersedes: 10/30/2013Prepared By: C. KimApproved By:EOC CommitteeFile Name: ASB-ESOPEffective Date: 10/01/2014Document Owner: Chief of Engineering/Chief of EH&S Title: Asbestos Management Plan (Operation & Maintenance)1.0 PURPOSE The purpose of this ESOP is to provide guidelines for the management of Asbestos Containing Materials (ACM) at the Veterans Affairs San Diego Healthcare System (VASDHS). If there are any specific situations or other concerns not addressed by this procedure, contact the Chief of Environment, Health & Safety (EH&S) at Extension 1069.2.0 APPLICATIONThis procedure applies to those individuals working with PACM and/or working in buildings containing ACM at VASDHS.3.0 REFERENCES29 CFR 1910.1001, Asbestos Standard 29 CFR 1926.1101, Asbestos in Construction StandardAsbestos Hazard Emergency Response Act (AHERA), a provision of the Toxic Substances Control Act, 198340 CFR 61, Subpart M – National Emission Standard for Hazardous Air Pollutants (NESHAP), Asbestos San Diego Air Pollution Control District (SDAPCD) Regulation XI, Subpart M - Rule 361.145VA Construction Specifications 01569 - 01572, Asbestos Control RequirementsVASDHS Safety Management PlanComprehensive Asbestos Management Survey Report - VASDHSVASDHS GEMS Description Document, Appendix A, Environmental Management Procedures (EMP-P & EMP-01 – EMP-13)Documents that are controlled by VASDHS in accordance with EMP-07, GEMS Document and Record Control, are shown in bold.4.0 Procedure4.1 Discussion:Asbestos has been determined to be a naturally occurring carcinogen once used in a wide variety of building products. Asbestos-containing materials (ACM), asbestos-containing construction materials (ACCM), and Presumed asbestos-containing materials (PACM), hereafter referred to as ACM and PACM are present in the Veterans Administration San Diego Healthcare System (VADSHS), or Buildings #1 and #2 (Buildings), owned and operated by the Veterans Administration San Diego Health Care System, referred to hereinafter as (VASDHS).The presence of ACM and PACM within the buildings does not, in and of itself, pose a hazard to human health. In order for asbestos to be a health hazard, the asbestos must be disturbed in a way that causes the fibers to become airborne where that can be inhaled or swallowed. ACM and PACM can be distinguished as friable or non-friable. Friable is a term that describes a material that can be crumbled or crushed to a powder when dry with ordinary hand pressure. Friable materials, therefore, are considered potentially more hazardous because of their ability to more easily release airborne asbestos fibers and cause exposure to building occupants. Examples of friable ACMs include Thermal Systems Insulation (TSI) (e.g., pipe, fitting, duct, and tank insulation, spray-applied ceilings, lay-in ceiling panels, and spray-applied fireproofing). Non-friable materials (materials that can not be crumbled or crushed to a powder with ordinary hand pressure) are not hazardous unless they are cut, ground, sanded, or disturbed in a way that fibers can be released into the air. Examples of non-friable ACMs include packings, gaskets, vinyl floor tiles, roofing materials, and Transite? cement products.This policy is designed to protect VASDHS employees, medical staff, vendors (contractors and sub-contractors), patients, tenants, and guests from quantifiable exposure to occupational asbestos respiratory hazards. Protection of VASDHS occupants from asbestos shall be achieved through a combination of measures including, but not limited to, education (training) of the said parties, periodic inspections of known ACM and PACM, implementation of appropriate response actions such as removal, enclosure, encapsulation, cleaning and operations and maintenance, adherence to certain policies and procedures, and compliance with all applicable Federal, state, and local laws and regulations that are described in this O&M program. This O&M program provides policies, procedures, and guidance to all levels of VASDHS staff and management.Asbestos has been shown to cause serious health concerns. Occupational exposure to asbestos is regulated in 29 CFR 1910.1001 and 29 CFR 1926.1101. Asbestos is classified into two categories: friable asbestos containing material, and non-friable asbestos containing material. The following categories of material are considered ACM:Friable asbestos material. (Any material containing more than one-percent asbestos and that can be easily crumbled or reduced to powder by hand pressure.) May include previously non-friable material which becomes broken or damaged by mechanical force.)Asbestos-containing packings, gaskets, resilient floor covering, and asphalt roofing product that has become friable.Asbestos-containing packings, gaskets, resilient floor covering, and asphalt roofing product that will be or have been subjected to sanding, grinding, cutting, or abrading.Other asbestos-containing materials that have a high probability of becoming or have become crumbled, pulverized, or reduced to powder in the course of demolition or renovation operations.Designated personnel who perform assigned work tasks, which may disturb friable asbestos fibers, must be physically able to wear respirators per Safety Management Plan. Physical qualification standards for designated VASDHS personnel hired after December 1, 1987, must contain the requirement for the physical ability of the employee to wear respirators and protective clothing while performing duties requiring work with ACM. VASDHS ACM policy shall not be waived in the event of any emergency.Construction contractors are required to comply with asbestos operational controls in construction areas. Contractors can elect, as specified in their contacts, to develop a negative exposure assessment after demolition per CFR 29 1926.1101. The assessment plan will be reviewed and approved by EH&S and Engineering.Per 29 CFR 1926.1101(c)(1), the employer shall ensure that no employee is exposed to an airborne concentration of asbestos in excess of 0.1 fiber per cubic centimeter of air as an eight (8) hour Time-Weighted Average (TWA).Per 29 CFR 1926.1101(c)(2), the employer shall ensure that no employee is exposed to an airborne concentration of asbestos in excess of 1.0 fiber per cubic centimeter of air (1 f/cc) as averaged over a sampling period of thirty (30) minutes.Operational Controls:The following general operating procedures apply:Regulated areas shall be demarcated from the rest of the workplace in any manner that minimizes the number of persons who will be exposed to asbestos. (29 CFR 1910.1001(e)(2))Access to regulated areas shall be limited to authorized persons by Engineering Service through a key system. Only through an approval from Chief of Engineering and Chief of EH&S will any asbestos be removed or repaired. (29 CFR 1910.1001(e)(3)) Warning signs in regulated areas shall contain the following information both in English and Spanish :DANGERASBESTOSCANCER AND LUNG DISEASE HAZARDAUTHORIZED PERSONNEL ONLYIn addition, where the use of respirators and protective clothing is required in the regulated area, the warning signs shall include the following information: RESPIRATORS AND PROTECTIVE CLOTHING ARE REQUIRED IN THIS AREA(29 CFR 1910.1001(j) (3) (ii))Warning labels shall be affixed to all raw materials, mixtures, scrap, waste, debris, and other products containing asbestos fibers, or to their containers. The warning labels shall include the following information: DANGERCONTAINS ASBESTOS FIBERSAVOID CREATING DUSTCANCER AND LUNG DISEASE HAZARD(29 CFR 1910.1001(j) (4))Waste, scrap, debris, bags, containers, equipment, and clothing contaminated with asbestos consigned for disposal, shall be collected, recycled and disposed of in sealed impermeable bags, or other closed, impermeable containers. (29 CFR 1910.1001(k)(6))Smoking, eating, chewing tobacco or gum, or drinking in the interstitial spaces or any other area where work on ACM is being performed, is forbidden. (29 CFR 1910.1001(e)(5))Any required protective clothing and equipment shall be satisfactorily cleaned, laundered, repaired, or replaced so as to maintain its effectiveness. VASDHS is required to provide clean protective clothing and equipment at least weekly to each affected employee. (29 CFR 1910.1001(h)(3)(i)) Only approved and authorized disposable protective clothing shall be worn in asbestos areas. All employees, contractors and other persons entering the interstitial spaces will be required to wear appropriate Personal Protective Equipment (PPE) such as disposable coveralls and respirators with High Efficiency Particulate Air (HEPA) filters as provided by their employer. PPE will be worn properly and at all times while personnel are in the interstitials. Failure to adhere to these procedures will result in disciplinary actions. (29 CFR 1910.1001(e)(4)) Engineering Service will provide all required protective clothing. Protective suits will be removed when inside change rooms and placed in waste containers or bags. Respirators will then be removed when entering the clean room. Personnel should wash their hands and respirator before placing the respirator or filters in a clean, protective container. (29 CFR 1910.1001(h)(2)(i))While coveralls are optional in the change rooms in the interstitial spaces in stairwells #9 and 11, respirators are still required.In areas located below the interstitials, the ceiling provides a barrier between the interstitials and offices, public or patient areas. Prior to removing these barrier-ceiling tiles, the area will be vacated. If vacating the area is not feasible, personnel responsible for performing the job, which requires ceiling tile removal, will construct a containment barrier from the floor to the ceiling. Working within the confines of this barrier and wearing the required PPE, the designated employee will carefully lift and slide the ceiling tile to one side to prevent the generation of dust. The interstitial-side of the ceiling tile will be HEPA vacuumed through the first opening. Upon job completion, any debris will be HEPA vacuumed. If an unusual amount of debris is encountered, employees will seek direction from their supervisor prior to proceeding. Upon discovery of water leaks and/or ceiling damage, Engineering Service will secure and cordon off the area. Appropriate PPE is required for response to any leak or ceiling damage. Once initial damage control is complete, full asbestos containment shall be established. Engineering Services personnel will be responsible for cleaning debris, vacuuming areas and wiping down surfaces. The following protocols should be adhered to:Tiled floors and carpeted areas will be HEPA vacuumed. (Vacuums without a HEPA filter are prohibited.)Walls and other surfaces such as tables, desks and chairs will be wiped down.All rags used for wiping surfaces will be disposed as asbestos containing waste. Ceiling tiles will be replaced prior to releasing the area for employee and patient occupancy. EH&S or approved engineering designee will again reassess the area. Only after the completion of these steps will Environmental Service personnel use blowers to dry carpeting.5.0TRAININGAll VASDHS employees, vendors (contractors and sub-contractors), and tenants who perform their duties in areas which contain ACM or PACM, or may come in contact with or disturb ACM or PACM shall receive Initial Asbestos Training and subsequent annual Asbestos Refresher Training commensurate to their level of contact or disturbance of ACM or PACM as determined by the Asbestos Program Manager (APM). Supervisor are required to insure that staff have received the proper training, fit testing and, and medical clearance. 5.1 Training requirementsThree Day project designer/two Hour site-specific Asbestos Awareness/hazard communication TrainingEngineering Staff will receive two hour site specific asbestos awareness and five day Project Designer training and annual Refresher Training. This course will enhance Construction Staff with the ability to understand asbestos abatement project safety, engineering controls, abatement methods, and cost estimating techniques. Training topics includeIdentification and location of specific ACM and PACM;VASDHS policies and procedures specific to asbestos;Roles and responsibilities of the asbestos management team (organizational structure of the O&M);Specific personal protective equipment (PPE);Respirator training and fit testing;Health affects of asbestos; Background information on asbestos;Proper response to fiber release episodes (Minor and Major).Legal implications, insurance and bonds;Designing the asbestos abatement project;Safety system design specifications;Budgeting and cost estimation;Writing abatement specifications; andPreparing abatement drawings.five day building inspector/management planner/two Hour site-specific Asbestos Awareness/hazard communication TrainingEH&S staff will receive two hour site specific asbestos awareness and five day Building Inspector/Management Planner training and annual Refresher Training. This course is designed to give additional instruction to asbestos bulk sampling, hazard assessment, legal responsibilities, asbestos control options, cost estimating and developing and implementing an O&M program. Training Topics include:Identification and location of specific ACM and PACM;VASDHS policies and procedures specific to asbestos (e.g., Asbestos ESOP);Roles and responsibilities of the asbestos management team (organizational structure of the O&M);Specific personal protective equipment (PPE);Respirator training and fit testingHealth affects of asbestos; Background information on asbestos;Proper response to fiber release episodes (Minor and Major).Physical characteristic, uses and applications; Understanding building systems;Public/employee building occupant relations;Pre-inspection planning and review of previous inspection records;Inspection for friable and non-friable ACM;Bulk sampling techniques;Evaluation of survey results; andImplementing the O&M Program.ASBESTOS PROGRAM MANAGER (APM) - cALIFORNIA cERTIFIED ASBESTOS CONSULTANT (cac)An independent Contractor/Consultant has been retained by VASDHS to assist the designated Asbestos Program Manager (APM). The APM shall be trained to respond to fiber release episodes (Minor and Major), and to access the Interstitial Spaces, Basement Utility Tunnel to Building #2 Mechanical Room, and other posted regulated areas. The Contractor/Consultant has the authority to carry out the duties and responsibilities of the APM.Class IV Operations – two Hour site specific Asbestos Awareness/hazard communication Training VASDHS employees, general contractors, sub-contractors, vendors, and tenants who perform their regular duties in areas which contain ACM or PACM, and/or may come in contact with ACM or PACM. At a minimum, the following entities shall receive training:VASDHS Operating Unit and Service Managers (Supervisors)Vendors and Tenants {Hired by VASDHS Operating Unit and Service Managers (Supervisors)}Information Technologies Services (ITS) StaffEnvironmental Services StaffFleet Management TeamMaintenance & Repair Staff Biomedical Engineering Staff Training Topics include:Identification and location of specific ACM and PACM;VASDHS policies and procedures specific to asbestos (e.g., Asbestos ESOP);Roles and responsibilities of the asbestos management team (organizational structure of the O&M);Specific personal protective equipment (PPE);Respirator training and fit testing;Health affects of asbestos; andProper response to fiber release episodes (Minor and Major).Class III Operations – Sixteen hour site-specific operations, maintenance, and repair TrainingVASDHS staff, general contractors, sub-contractors, vendors, and tenants who perform repair and maintenance operations in areas where ACM or PACM is likely to be disturbed. At a minimum, the following entities shall receive training: Information Technology Service (ITS) StaffPlant Operations StaffOperations and Maintenance StaffStructural TeamElectrical/Electronics TeamEquipment Repair/Pipefitting TeamGeneral Contractors, Sub-Contractors (Contracted by Staff)Disturbance activities expected under this category would include: Response to fiber release episodes (Minor and Major);Clean up of minor fiber release episodes (e.g., less than 6 linear feet (<6 LF) or less than ten square feet (<10 SF) of ACM (e.g., fallen ceiling tile/spray-applied fireproofing debris from the Interstitial Space above into occupied areas); Operations and Maintenance removal and repair (e.g., removal of insulation to repair a pipe leak) that generates no more than one (1) 60” x 60” bag of asbestos waste; and Access to Interstitial Space, Basement Utility Tunnel to Building #2 Mechanical Room, and other posted regulated areas.Class I AND II Operations – four day worker and five (5) day supervisor TrainingVASDHS P&H, General Contractors (asbestos abatement Sub-Contractors), and asbestos abatement contractors, who perform their regular duties in areas which contain ACM or PACM, and may engage in activities to remove TSI, surfacing, miscellaneous, and other ACM or PACM. VASDHS contracts Class 1 (e.g., removal of Thermal Systems Pipe Insulation (TSI) and Surfacing ACM) and Class II (e.g., removal of vinyl floor tiles/mastic) ACM removal to licensed asbestos abatement contractors using negative pressure enclosures for planned demolition and renovation projects.Clean up of major fiber release episodes (e.g., >6 LF or >10 square feet of ACM (e.g., fallen ceiling tile, spray-applied fireproofing debris from Interstitial Space into occupied areas); andOperations and Maintenance removal and repair (e.g., removal of insulation to repair a pipe leak) that will generate more than one (1) 60” x 60” bag of asbestos waste.6.0RESPONSIBILITIESImplementation of this O&M Program will require involvement from all levels of VASDHS staff and management. The Asbestos Program Manager (APM) with assistance from Environment, Health & Safety (EH&S) Office and Chief of Engineering Service, shall be responsible for carrying out day-to-day functions since he/she is on-site and cognizant of site activities. VASDHS staff and management shall rely upon the services of the designated Asbestos Consultant and designated Hazardous Materials Contractor to conduct clean up of fiber release episodes, O&M Program removal, and removal of known ACM in conjunction with planned demolition/renovation projects. An overall Organizational Structure is described in Figure 1.Director, Engineering ServiceThe Director, Engineering Service is responsible for establishing VASDHS asbestos O&M Program policies that shall be adhered to in the building.Environment, Health & Safety (EH&S)EH&S Safety Office and Engineering Service are responsible for the following: Implementing VASDHS O&M Program policies;Assisting the APM with periodic and three year AHERA asbestos inspections;Responding to employee reports of alleged unsafe or unhealthful working conditions (GEMS - Appendix A, Checklist 4), and Responding to asbestos fiber release episodes (Major and Minor).Asbestos Disposal: VASDHS Hazardous Waste Manager/Asbestos Program Manager -Hazardous Waste Manager: Responsible for tracking the disposal of all asbestos waste generated by VASDHS. (SDAPCD Rule 361.145)Hazardous Waste Manager: Responsible for ensuring that asbestos is properly bagged and labeled for disposal in VASDHS asbestos container (Building 19). ((29 CFR 1910.1001(j) & (k))Hazardous Waste Manager: Responsible for ensuring the proper completion of the manifest and landfill disposal documentation. (SDAPCD Rule 361.145) for the asbestos waste in Building 19.If a project generates less than 30 cubic yards of friable asbestos total, then the Project Manager or the asbestos contractor should contact the Hazardous Waste Manager (ext. 1052 or 858-967-6356) 24 hours in advance to dispose of “friable” asbestos in the VASDHS asbestos container (Building 19). If the “friable” asbestos project generates more than 30 cubic yards of asbestos, the asbestos contractor is responsible for the temporary on-site storage of the waste in an asbestos bin, which is properly prepared with a plastic lining. The friable asbestos must be removed every 90 days. The asbestos contractor must contact the Hazardous Waste Manager for the inspection of the contractor’s asbestos bin prior to transport. The Hazardous Waste Manager (ext. 1052 or 858-642-1052) will sign the manifest as the “Generator” and provide the required copies to the contractor and transporter. If the shipment of friable asbestos is going to a California landfill, a “Land Disposal Restriction” certification is also required.The “friable” asbestos should be doubled bagged (6 mil), properly labeled, taped and the top of the bag “goosed necked” to provide adequate closure.California Code of Regulations, Title 22, section 66262.32 requires that hazardous waste containers with a capacity of 110 gallons or less be marked with the following words and information in accordance with the requirements of 49 Code of Federal Regulations section 172.304:Hazardous Waste - State and Federal Law Prohibit Improper Disposal. If found, contact the nearest police or public safety authority or the California Department of Toxic Substances Control.Generator's NameAddressManifest Document Number“Friable” asbestos that cannot be enclosed in an asbestos bag, should be doubled wrapped in 6 mil. plastic, sealed with duct tape, and properly labeled.“Non-Friable” asbestos should be disposed as a “special waste” and the Contractor is required to follow the proper procedures for disposal and provide the disposal document to the VASDHS Hazardous Waste Manager. Asbestos waste (friable or non-friable) shall not be disposed in any VASDHS trash cart or container or at the Medical Waste Facility – Building 18. As per the contract and California regulation, all friable asbestos waste generated during the project must be properly disposed in the contractor’s asbestos bin or the VASDHS asbestos bin – Building 19. Building 19 is only used for projects which generate less than 30 cubic yards of friable asbestos total.Please review the following links for additional information about asbestos management.Asbestos Regulations: Asbestos Fact Sheet and Managing Asbestos: Program ManagerThe Asbestos Program Manager (APM) will be located at VASDHS and will be the on-site contact person and coordinator for all asbestos related activities in the building. His/her responsibilities include:VASDHS Asbestos Management Plan (written plan) annual review & update;Conduct AHERA Inspection as required; Conduct AHERA re-inspection every three yearsConduct informal visual inspection every six (6) months that can coincide with the Environment of Care RoundsVASDHS Asbestos abatement specification & contract development and approval;Audit of Engineering Department asbestos abatement projects to include attendance at project kickoff meetings and progress meetings, conduct and document routine inspections of work sites and interstitial spaces:Authorize to stop work in the event of non-compliance with VA directives or contractual agreement specific to asbestos or safety hazard at project site;Insure that vendors, general contractors, and sub-contractors working in the building participate in, or comply with VASDHS asbestos training, respiratory program, and air monitoring requirements;APM to be included as a Medical Surveillance project team member to communicate between VASDHS EH&S Office and Employee Health department issues specific to asbestos, including respirators and employee exposure to asbestos. This recommendation is supported by Dr. Jennifer Javors, Medical Director of Employee Health;OSHA air monitoring compliance with PEL of 0.1f/cc and Short Term Exposure Limit (STEL) monitoring of 1.0 f/cc, as averaged over a 30 minute sampling period. (VASDHS personnel working in the Interstitial Spaces should be assessed for OSHA Asbestos PEL/STEL compliance);Respiratory protection program compliance specific to asbestos, to include written respiratory protection plan, training, recordkeeping, and fit testing;Respiratory protective equipment and PPE compliance auditing (e.g. interstitial space);Asbestos waste management oversight and recordkeeping; Asbestos training development;Attendance at industry-specific seminars, trade shows, etc. to keep current with asbestos abatement best management practices, personal protective equipment, and industrial hygiene methods specific to asbestos;Annual audit of laboratories providing asbestos analytical services to VASDHS (e.g. Phase Contrast Microscopy (PCM), Polarized Light Microscopy (PLM), and (Transparent Electron Microscope) analysis);Annual audit of asbestos consultant firms providing testing, analysis and/or consultation services to VASDHS;Annual audit of asbestos abatement contractors providing removal, encapsulation, and/or encasement services to VASDHS;Annual audit of asbestos waste transportation and disposal facilities “cradle to grave”;Coordination of all emergency response to asbestos fiber release episodes (major and minor), (e.g., air monitoring for asbestos fibers, bulk sampling of suspect asbestos containing debris;Communication with Collective Bargaining Unit through HRMS; Asbestos safety bulletins and letters; andCommunication with employee health, employees and leadership.The Asbestos Program Manager is Chae Kim, at extension 1229 or 858-232-5598.Engineering Office StaffThe Engineering Office Staff are responsible for adhering to the policies and procedures described in this policy. Furthermore, the Engineering Office Staff shall report any visible disturbance or deterioration of known ACM to their Supervisor, EH&S, or APM. The Engineering Office Staff shall:Notify the APM and EH&S of any demolition and renovation projects and other construction activities in the building that may impact ACM or PACM (Checklist 5);Notify vendors, contractors, sub-contractors, and tenants of VASDHS asbestos O&M plan requirements (Checklist 3);Insure that vendors, contractors, sub-contractors, and tenants asbestos Supervisor/Worker documentation (e.g., training, medical exam, and respiratory fit test) are current, andCorrect submittal of notifications/permits to regulatory agencies {e.g., San Diego Air Pollution Control District (SDAPCD)}has been completed. See attachment 1 or download document at: Operating Unit and Service Managers (Supervisors)The VASDHS Operating Unit and Service Manager (Supervisors) are responsible for adhering to the policies and procedures described in this policy. Furthermore, the VASDHS Operating Unit and Service Manager (Supervisors) shall report any visible disturbance or deterioration of known ACM to their Supervisor, EH&S, or APM. The VASDHS Operating Unit and Service Manager (Supervisors) shall also notify the APM and EH&S of any demolition and renovation projects and other construction activities in the building that may impact ACM or PACM (Checklist 5), and notify vendors of VASDHS asbestos O&M plan requirements (Checklist 3).Environmental Services StaffThe Environmental Services Staff is responsible for adhering to the policies and procedures described in this policy. Furthermore, the Environmental Services staff shall report any visible disturbance or deterioration of known ACM to their Supervisor, EH&S, or APM.Fleet Management TeamThe Fleet Management staff is responsible for adhering to the policies and procedures described in this policy. Furthermore, the Fleet Management staff shall report any visible disturbance or deterioration of known ACM to their Supervisor, EH&S, or APM.Maintenance & Repair StaffThe Maintenance & Repair staff is responsible for adhering to the policies and procedures described in this policy. Furthermore, the Maintenance & Repair staff shall report any visible disturbance or deterioration of known ACM to their Supervisor, EH&S, or APM.Biomedical Engineering StaffThe Biomedical Engineering staff is responsible for adhering to the policies and procedures described in this policy. Furthermore, the Biomedical Engineering staff shall report any visible disturbance or deterioration of known ACM to their Supervisor, EH&S, or APM. This staff is barred from the interstitial rmation Technologies Service (ITS) StaffThe Information Technologies Service (ITS) staff are responsible for adhering to the policies and procedures described in this policy. Furthermore, ITS staff shall report any visible disturbance or deterioration of known ACM to their Supervisor, EH&S, or APM. The ITS staff are also responsible for performing their regular duties in areas which contain ACM or PACM and performing limited disturbance activities defined as accessing above-ceiling plenums and the interstitial spaces to pull data cables and wires.Plant Operations StaffThe Plant Operations staff in Building 2 are responsible for adhering to the policies and procedures described in this policy. Furthermore, Plant Operations staff shall report any visible disturbance or deterioration of known ACM to their Supervisor, EH&S, or APM. The Plant Operations staff are responsible for performing their regular duties in areas which contain ACM or PACM. Plant Operations Staff are also responsible for:Accessing above-ceiling plenums the Interstitial Spaces, Basement Utility Tunnel to Building #2 Mechanical Room, and other posted regulated areas;Responding to fiber release episodes (Minor and Major);Clean up of minor fiber release episodes (e.g., less than 6 linear feet (<6 LF) or less than ten square feet (<10 SF) of ACM (e.g., fallen ceiling tile/spray-applied fireproofing debris from Interstitial Space in a patient care area.Operations & Maintenance StaffThe Operations & Maintenance staff are responsible for adhering to the policies and procedures described in this policy. Furthermore, Operations & Maintenance staff shall report any visible disturbance or deterioration of known ACM to their Supervisor, EH&S, or APM. The Operations & Maintenance staff are also responsible for performing their regular duties in areas which contain ACM or PACM and perform limited disturbance activities defined as accessing above-ceiling plenums and the Interstitial Spaces. Structural TeamThe Structural Team staff are responsible for adhering to the policies and procedures described in this policy. Furthermore, Structural Team staff shall report any visible disturbance or deterioration of known ACM to their Supervisor, EH&S, or APM. The Structural Team staff are also responsible for performing their regular duties in areas which contain ACM or PACM. The Structural Team Staff are also responsible for:Accessing above-ceiling plenums and the Interstitial Spaces, Basement Utility Tunnel to Building #2 Mechanical Room, and other posted regulated areas;Responding to fiber release episodes (Minor and Major);Clean up of minor fiber release episodes (e.g., less than 6 linear feet (<6 LF) or less than ten square feet (<10 SF) of ACM (e.g., fallen ceiling tile/spray-applied fireproofing debris from Interstitial Space into occupied areas); and Operations and Maintenance removal and repair (e.g., removal of insulation to repair a pipe leak) that generates no more than one (1) 60” x 60” bag of asbestos waste. This team will contract out abatement to a certified contractor and have the area cleared by a consultant.Electrical/Electronics TeamThe Electrical/Electronics Team staff are responsible for adhering to the policies and procedures described in this policy. Furthermore, Electrical/Electronics Team staff shall report any visible disturbance or deterioration of known ACM to their Supervisor, EH&S, or APM. The Electrical/Electronics Team staff are also responsible for performing their regular duties in areas which contain ACM or PACM. The Electrical/Electronics Team staff are also responsible for:Accessing above-ceiling plenums and the Interstitial Spaces, Basement Utility Tunnel to Building #2 Mechanical Room, and other posted regulated areas.Equipment Repair/Pipefitting TeamThe Equipment Repair/Pipe Fitting Team are responsible for adhering to the policies and procedures described in this policy. Furthermore, Equipment Repair/Pipe Fitting Team shall report any visible disturbance or deterioration of known ACM to their Supervisor, EH&S, or APM. The Equipment Repair/Pipe Fitting Team are also responsible for performing their regular duties in areas which contain ACM or PACM. The Equipment Repair/Pipe Fitting Team are also responsible for:Accessing above-ceiling plenums and the Interstitial Spaces, Basement Utility Tunnel to Building #2 Mechanical Room, and other posted regulated areas.;Responding to fiber release episodes (Minor and Major);ACM and PACM Abatement, Removal, and Repair activities are prohibited by unauthorized VASDHS employees, medical staff, vendors (contractors and sub-contractors), patients, tenants, and guests. All work must be performed by designated Hazardous Materials Contractors with oversight by the APM or designated Asbestos Consultants. ACM disturbance activities by designated engineering staff are limited to accessing above-ceiling plenums and the Interstitial Spaces, clean up of minor fiber release episodes, and operations and maintenance removal and repair that generates no more than one (1) 60” x 60” bag of asbestos waste, as outlined in the O & M.Designated Asbestos ConsultantVASDHS will retain qualified and experienced Asbestos Consultants to assist the VASDHS, EH&S, and the APM, and other company representatives, as needed. The designated Asbestos Consultant will, in conjunction with planned demolition and renovation projects, be available to perform building surveys, assess conditions of ACM, test and monitor airborne fiber concentration levels, and provide asbestos abatement design and monitoring services, as required.Patriot Environmental Laboratory Services, Inc. Designated Hazardous Materials ContractorThe Designated Hazardous Materials Contractor shall be responsible for certain asbestos-related response actions including response to, and clean up of, major fiber release episodes, abatement of disturbed materials, repair of damaged materials, and abatement of known ACM during renovation and construction projects on behalf of VASDHS (Class I and II Operations). The threshold for contracting outside support is the disturbance to or damage of >6 LF or >10 square feet of ACM. In-house activities related to the disturbance or removal of ACM is limited to that by the Engineering Staff who are trained to isolate areas of damaged ACM where fiber release episodes (Minor and Major) have occurred, limited disturbance activities such as accessing above-ceiling plenums and the Interstitial Spaces, Clean up of minor fiber release episodes (<6 LF and <10 SF) of ACM (e.g., fallen ceiling tile/spray-applied fireproofing debris from Interstitial Space into occupied areas); and the Asbestos Program Manager will determine whether the “Designated Hazardous Materials Contractor” should be contacted for the clean up of the asbestos-related release. Employee HealthThe Medical Surveillance Program is administered by the VASDHS Employee Health Department. Safety Management Plan (Checklist 2).7.0AREAS OF KNOWN CONTAINING ASBESTOS-CONTAINING MATERIALSBuilding materials such as 9” x 9” vinyl floor tiles, 12” x 12” vinyl floor tiles and associated mastics, vinyl sheet floorings, spray-applied fireproofing in the above-ceiling plenum/Interstitial Spaces, pipe/fitting insulation in the above-ceiling plenum and Interstitial Spaces, wall joint compound associated with wall sheetrock (drywall) wall systems, laboratory countertops, fume hood liners, and roofing materials have been determined to be asbestos-containing. These ACMs are located in select areas throughout the building.The ACM’s identified in this O&M program are in good condition, intact and should not pose a health risk to the building occupants if left undisturbed and managed in place. Please note, Patriot’s investigation found several areas of un-encapsulated spray-applied fireproofing in the interstitial spaces, for which Patriot recommends applying an encapsulant immediately.Additional information can be found in the Comprehensive Asbestos Management Survey Report, Veterans Admininstration San Diego Healthcare System, Buildings #1 and #2, San Diego, California, Prepared by RORE, Inc. under contract with Potomac-Hudson Engineering, Inc., Subcontract No. C80392-01, January 14, 2009, Contract No. GS-10F-0045K.8.0GENERAL REQUIREMENTSThe general requirements for managing ACM in the buildings can be broken down into functions classified as either: 1) administrative, 2) surveillance, monitoring and inspections, 3) Class I and II Operations, and 4) Class III and IV Operations as shown in Figure 2 – General Requirements. There are Checklists and Instructions contained in GEMS - Appendix A which apply to each function.Although certain functions are carried out by the Safety Management Sub-Committee, EH&S, Engineering, Environmental Services, IT Staff, and the VASDHS Employee Health Department, the APM is responsible for coordination of all activities.9.0RESPONSE PROCEDURES FOR MAJOR AND MINOR FIBER RELEASE EPISODESAs long as ACM remains in the building, a fiber release episode could occur if the ACM and PACM is inadvertantly disturbed by operational, maintenance, or construction activities. Fiber release episodes, which are defined as “the uncontrolled or unintentional disturbance of ACM or PACM which results in a visible emission,” are divided into two (2) categories:Minor Fiber Release Episodes: Disturbance and release of less than 6 linear feet (<6 LF) or less than ten square feet (<10 SF) of ACM or PACM (e.g., fallen ceiling tile/spray-applied fireproofing debris from the Interstital Spaces above, into occupied areas, or debris generated as the result of a pipe leak) that will generate no more than one (1) 60” x 60” bag of asbestos waste.; andMajor Fiber Release Episodes: Disturbance and release of >6 LF or >10 SF of ACM or PACM (e.g., fallen ceiling tile, spray-applied fireproofing debris from the Interstital Space into occupied areas, or debris generated as the result of a pipe leak) that will generate more than one (1) 60” x 60” bag of asbestos waste;.The disturbance area is determined by measuring the damage on the substrate from where the ACM or PACM was released from, not the area of debris on the floor or other receiving surface.VASDMC employees, medical staff, vendors and, tenants, should immediately report to their Operating Unit or Service Managers (Supervisors) or EH&S (Checklist 4 in GEMS - Appendix A), of the presence of suspect asbestos-containing debris on the floor, water or physical damage to the ACM or PACMS, or any other evidence of a fiber release. VASDMC Engineering Staff, IT Staff, and (contractors and sub-contractors) should immediately report to the APM or EH&S the presence of suspect asbestos-containing debris on the floor, water or physical damage to the ACM or PACMS, or any other evidence of a fiber release. The APM must notify EH&S of fiber release episodes.Trained EH&S, Engineering and Maintenance Staff, or the designated Hazardous Materials Contractor may then take the following steps, with assistance from EH&S and the APM:Remove personnel from the fiber release episode (spill) area;Evaluate the extent of ACM or PACM damage;Barricade contaminated areas against entry by unauthorized personnel;Isolate the contaminated area by sealing doors and vents with polyethylene sheeting and duct tape and shutting off or modifying air handling system(s), or any other notification appropriate to restrict access or prevent exposure in other areas of the facility;Post a warning sign in English and Spanish outside the contaminated area. The APM may then take the following steps:Minor Fiber Release EpisodesThe area should be isolated (full containment is not required) and cleared of unnecessary personnel;Workers should wear respirators with HEPA filters, for which they have been trained and medically cleared to wear;The debris should be thoroughly wetted with water, using a fine spray. The area affected should be kept as small as possible, and care must be taken to prevent water runoff which may spread asbestos contamination;Area should be cleaned with wet cloths or a mop. Alternately, the debris may be collected with a HEPA vacuum;Debris should be placed in labeled, 6-mil. plastic bags, ultimately double bagged and properly sealed for disposal;The damaged area should be repaired with an asbestos-free material (e,g., install a new ceiling tile), or sealed with an encapsulant; andWorkers should then follow proper personal decontamination procedures as defined in the previous sections.Major Fiber Release EpisodesThe area should be isolated as soon as possible after the ACM debris is discovered. Where the area may be sealed by doors, they should be locked from the inside, but fire exit corridors must remain in operation. Appropriate signs must be posted to prevent unauthorized personnel from entering the work area.The air handling system should be shut off or temporarily modified to prevent the distribution of fibers from the work area into other areas of the building. If possible, doors, windows, and Heating Ventilation Air Condition registers should be sealed with 6-mil plastic sheeting and duct tape. The cleanup should be treated as a Class I or Class II removal project, performed by the designated Hazardous Materials Contractor. This includes construction of negative pressure enclosure, decontamination facilities, and air monitoring.If significant damage or delamination of ACM has occurred, consider total removal of the ACM by the designated Hazardous Materials Contractor in the affected areas and replacement with a nonasbestos-containing substitute.Keep all records associated with the fiber release episode, including asbestos abatement contractor submittals (medical information, waste shipment records, etc.), designated Asbestos Consultant's reports (air sampling data), and a fiber release episode report.NOTE:The designated APM and the Asbestos Consultant will secure and maintain all necessary documentation and records associated with the work.To respond to fiber release episodes, the following materials will be available at each facility and accessible to Trained Engineering Staff for the purpose of isolating areas of damaged ACM.FIBER RELEASE EPISODE SUPPLIESItemRecommended QuantityRespirator (half-face)2Barricade Tape (3 inches x 1,000 feet)1 rollDuct Tape (3 inch x 60 yard/roll)3 rollsPolyethylene Sheet (6-mil) sheet (20 feet x 100 feet)1 rollSign - DANGER (14 inches x 20 inches)5Sign - KEEP OUT5Surfactant1 gallonHudson Sprayer1 eachDisposable Gloves (Latex)1 boxDisposable Suits (Tyvek)2 boxesUtility Knife2 eachWaste Disposal Bags (Pre-labeled) (6-mil)1 rollSpray Adhesive1 box (12 cans)Rags, Towels1 boxRespirator Filter Cartridges2 boxes (12 sets)Any additional response actions for fiber release episodes will be determined by the APM, EH&S, the designated Asbestos Consultant and conducted by the designated Hazardous Materials Contractor. Note: If ceiling tiles are damaged, they must be replaced with Parkland Plastics Repertorie Ceiling Tiles. 10.0ACCESSING ABOVE CEILING PLENUMSAccessing above ceiling plenums by trained Engineering Staff to perform routine maintenance activities is limited to that which will not disturb and release >6 LF or >10 SF (approximately two (2) ceiling tiles) of ACM or PACM.Mobilize Control Cube (s) and supplies to the work area (s). Post bilingual warning signs on Control Cube door and place safety cones around Control Cube.Don personal protective equipment (PPE) (e.g., disposable suit, respirator, gloves, etc.)Enter Control Cube with HEPA vacuum and required tools and supplies.Mist Control Cube interior with airless sprayer and carefully remove ceiling tiles trying to minimize dust and debris falling in to the Control Cube. Carefully lift up ceiling tile. Keep the ceiling tile as flat as possible while lifting. Lift tile slightly above grid system and slowly slide tile to one side, leaving tile on top of an adjacent tile.After tiles have been removed, enter into the ceiling plenum and mist immediate area around the opening and HEPA vacuum debris within arms length around the opening. Perform required maintenance or data/cable pull, etc. Reinstall ceiling tiles or temporarily seal ceiling opening with plastic sheeting and duct tape. HEPA vacuum the interior of the Control Cube. Remove disposable suit, turn inside out and place in waste disposal bag.Exit Control Cube and remove respirator.Dispose of polyethylene sheeting, cleaning rags and any PPE clothing as asbestos-containing waste.Demobilize from the work area and proceed to restroom to rinse respirator and waste hands and face.Store waste bag (s) a designated temporary storage area.The following materials will be available to Trained Engineering Staff for the purpose of accessing above ceiling plenums.ACCESSING ABOVE CEILNG PLENUMS SUPPLIESItemRecommended QuantityRespirator (half-face)2Barricade Tape (3 inches x 1,000 feet)1 rollDuct Tape (3 inch x 60 yard/roll)3 rollsPolyethylene Sheet (6-mil) sheet (20 feet x 100 feet)1 rollSign - DANGER (14 inches x 20 inches)5Sign - KEEP OUT5Surfactant1 gallonHudson Sprayer1 eachControl Cube1-2HEPA Vacuum1Disposable Gloves (Latex)1 boxDisposable Suits (Tyvek)2 boxesUtility Knife2 eachWaste Disposal Bags (Pre-labeled) (6 mil)1 rollSpray Adhesive1 box (12 cans)Rags, Towels1 boxRespirator Filter Cartridges2 Boxes (12 sets)11.0Operations and Maintenance Removal and RepairProcedures can be found in Safety Management Plan and Comprehensive Asbestos Management Survey Report.12.0Accessing Interstitial Spaces and Any other Posted Regulated AreasIn order to prevent the migration of asbestos fibers from one area to another it is important to adhere to comprehensive decontamination procedures. The following general procedures will help minimize the potential of spreading asbestos contamination:EquipmentClean all visible debris from equipment by wiping with wet cloths or HEPA vacuuming;Vacuum off any loose debris from disposable clothing;Hands, face and outside of respirators will then be wiped with a wet cloth and respirators removed; Equipment with porous surfaces, i.e. wood ladders or wood handle tools, should be avoided. However, if equipment with porous surfaces must be used, it should be placed in a plastic bag or wrapped in polyethylene sheeting in the work/regulated area. Prior to removing equipment from the work area polyethylene bags/sheeting will be wet wiped until all visible debris is removed; andEquipment that cannot be decontaminated or sealed in polyethylene for use in a future regulated area will be disposed of as asbestos-contaminated waste. AreaIn order to minimize the potential of asbestos fibers migrating from the regulated area, the following tasks shall be performed:The work/regulated areas or catwalks will be cleaned of all visible debris by wet wiping or HEPA vacuuming methods;Polyethylene drop cloths or containment will be removed and disposed of as asbestos-containing waste. PersonalAfter working in a regulated area, workers will decontaminate themselves prior to leaving regulated areas and entering occupied areas of the VASDHS by performing the following tasks:While still wearing a respirator, workers will HEPA vacuum off any loose debris from disposable clothing;Disposable clothing will then be removed by slowly rolling down and turning inside out;Disposable clothing will be placed in asbestos waste bags;Hands, face and outside of respirators will then be wiped with a wet cloth. Respirators will be removed after leaving regulated area;It is recommended that workers wash their hands after performing the above decontamination procedures. In addition, workers wanting to shower at the end of the work shift may do so in the men's or women's locker room located on the basement floor.HEPA vacuums and wash stations at the entrances to the Interstitial clean rooms leading to the elevators should be made available. 13.0Respiratory ProtectionThe VASDHS Respiratory Protection Program is presented in the VASDHS Safety Management Plan. 14.0MEDICAL SURVEILLANCEThe VASDHS Medical Surveillance Program is presented in the VASDHS Safety Management Plan.15.0BACKGROUND INFORMATIONBackground information is presented in the Safety Management Plan and the Comprehensive Asbestos Management and Survey Report to help users understand the historical uses of ACM, health effects associated with exposure, and applicable laws and regulations. 16.0ResponsibilitiesThe Chief of EH&S is responsible for the overall monitoring of the program and will ensure all personnel involved in the program perform their assigned functions and operate in compliance with these instructions and applicable regulation.ATTACHMENT-1 ATTACHMENT-2\s17.0Building descriptionThe VASDHS Buildings #1 and #2 (Buildings) were reportedly constructed between 1968 and 1972, and occupy approximately 1,045,000 square feet within the VASDHS complex. Building #1 is a six-story medical facility, which includes a Penthouse and a Basement, and Interstitial Spaces above the suspended ceilings that houses building utilities such as electrical and communications systems, medical gases, and the HVAC mechanical systems. Building #2 is the two-story power plant for the VASDHS complex.Building #1 is a concrete and steel frame truss structure insulated with asbestos containing spray-on fireproofing. The interior walls are constructed of sheetrock seamed together with joint compound, troweled-on plaster over welded wire mesh, and unfinished concrete. Wall ceramic tile is present in the Restrooms. Ceiling finishes include various types of mineral fiber-type lay-in ceiling panels, sheetrock seamed together with joint compound, troweled-on plaster over welded wire mesh, spray-applied acoustical finishes ("popcorn ceilings"), and unfinished concrete. Floor finishes include vinyl floor tile (VFT) and vinyl sheet flooring (VSF) adhered with latex adhesives and cutback mastics (FTM), carpeting adhered with latex adhesives, concrete, ceramic tiles, and stone/composite tiles. Vinyl baseboards adhered with latex adhesives are also present in select locations of the building. The exterior finish consists of stucco over welded wire mesh. Roof finishes include rolled felt field membranes and asbestos-containing mastic at penetrations.Building #2 is a concrete and steel frame structure which houses the mechanical systems such as the boiler and chiller units which service the VASDMC complex. In Patriot Environmental Laboratory Services, Inc.'s 2010 Report, it indicates that asbestos-containing TSI has been removed from pipes, tanks and vessels in Building #2. As indicated in Patriot Environmental Laboratory Services, Inc.'s 2010 Report, verbal communication from VASDHS personnel has also confirmed that ACMs were removed from Building #2. Limited bulk sampling of accessible TSI (e.g., TSI not enclosed with metal jackets) was conducted by and asbestos was not detected in the bulk samples.High pressure steam (HPS), condensate, and chilled water (CW) pipe systems were observed to originate in Building #2 at the entrance to the Utility Tunnel and are then routed through the Utility Tunnel which connects to Building #1 into Room B251, "Jungle Room". The HPS lines were previously insulated with pre-fabricated, asbestos-containing composition silicates wrapped with canvas jackets and metal jacketing. The associated fittings were packed with asbestoscontaining mud" compounds wrapped with canvas jackets8. The HPS line had continued into Room B251 for approximately ten (10) linear feet and was then insulated with non-asbestos containing fiberglass and canvas/foil jackets under metal jacketing. The condensate and CW lines and associated fittings in the Tunnel were insulated with fiberglass and canvas/foil jackets under metal jacketing.9 The CW lines at the entrance to the Utility Tunnel from Room B251 were insulated with pre-fabricated, asbestos-containing composition silicates wrapped with canvas jackets and metal jacketing. The associated fittings were previously packed with asbestos-containing "mud" compounds wrapped with canvas jackets. According to VASDHS personnel, asbestos abatement activities have since been conducted in the Utility Tunnel and Room B251, "Jungle Room". Furthermore, all pipes in Room B251 were observed to have "asbestos-free" signs mounted on them. According to VASDHS personnel, all asbestos-containing pipes and associated fittings in the Utility Tunnel have been abated, and thus the Utility Tunnel is no longer considered a regulated area.Heating, Ventilation, and Air Conditioning (HVAC) in Building #1 is provided by ducted supply and return air systems connected to the building mechanical systems located in the Interstitial Spaces above each floor. Access to the mechanical systems in the Interstitial Spaces is provided by steel catwalks suspended over the lay-in ceiling systems. HVAC ductwork seams are sealed with an asbestos-containing sealant. Plumbing systems observed in the Interstitial Spaces included Heating Hot Water Supply and Return (HHWS&R), and domestic hot and cold water (DHW/DCW), which are insulated with pre-fabricated, non-asbestos-containing fiberglass wrapped with canvas or foil jackets. The associated fittings are packed with asbestos-containing "mud" compounds wrapped with canvas jackets. Sanitary waste/vent and storm drain piping was observed to be uninsulated (black cast iron).18.0 DEFINITIONSAccessible material any material to which access can be gained by any means other than significant destruction of building components; or, for the purposes of describing building occupant activities, a material subject to disturbance by routine use or maintenance activities.Asbestos the general name given to a number of naturally occurring hydrated mineral silicates, each of which possess a specific crystalline structure, is incombustible in air, and is separable into fibers. Asbestos includes the asbestiform varieties of Chrysotile (serpentine), Crocidolite (riebeckite), Amosite (cummingtonite-grunerite), Anthophyllite, and Actinolite.Asbestos-Containing Material (PACM) may be defined, as by the EPA, as any friable material or product containing greater than one percent asbestos or, by convention, as any material or product which contains >1% asbestos.Asbestos debris pieces of material which can reasonably be identified by color, texture, or composition as being traceable to a known asbestos-containing application. May mean dust, if the dust is determined by analysis to be PACM.Bulk samples samples of bulk material; in the case of asbestos, suspect asbestos-containing material.Chain-of-custody formal procedures for tracking samples and ensuring their integrity.Chatfield “Standard Operating Procedure” a sample preparation procedure for materials other than friable insulation in which, by means of acid digestion and ashing, it is possible to separate asbestos fibers from hard-to-analyze matrices. This preparation technique is used most often in conjunction with Electron Microscopy (EM) and is considered state-of-the-art for materials such as floor tile, plaster, and textured ceiling material.Encapsulation treatment of PACM with a material that surrounds or embeds asbestos fibers in an adhesive or cementitious matrix to inhibit the release of fibers. The encapsulant creates a membrane over the surface of the material (bridging encapsulant), or penetrates the material or binds its components together (penetrating encapsulant).Enclosure an airtight, impermeable, permanent barrier around PACM to prevent the release of asbestos fibers into the air.EPA United States Environmental Protection Agency.Fair as used to describe material condition, damage is more prevalent or severe than on materials rated as good.Fiber release episode any uncontrolled or unintentional disturbance of PACM resulting in airborne asbestos fiber emission.Friability the physical characteristic of any solid that describes its ability to be broken down to a powder or dust. A highly friable material is one that can be easily crumbled by hand pressure. A moderately friable material is one that can be crumbled with some difficulty by hand pressure or by mechanical means. A low friability material is one that may require mechanical means to crumble. While the condition of a material does not constitute a measure of its friability, weathering and deterioration can increase the friability of a material.Glovebag a plastic enclosure with built-in gloves which is placed with an airtight seal around asbestos-containing pipe lagging or other materials such that they may be removed or repaired without generating airborne fibers.Good as used in the context of material condition, integrity of the material is generally complete, with possible small areas of delamination or indications of limited contact or water damage. The mechanism to retain the insulation in its original position (e.g. cloth wrapping over pipe insulation) is still present.Heating Ventilation and Air Conditioning (HVAC) system the system of pipes, ducts, and equipment, (air conditioners, chillers, heaters, boilers, pumps, fans) used to heat, cool, and filter air and move it through a building. The HVAC system is one of several mechanical systems found in most buildings.High-Efficiency Particulate Air (HEPA) filter a filtering system capable of trapping and retaining at least 99.97 percent of all particles 0.3 micrometers in diameter or larger.Homogeneous application an application of surfacing material, thermal system insulation material, or miscellaneous material that is uniform in color, texture, and vintage of application.Lock-down application of a sealing material to ensure that any residual microscopic fibers remaining following asbestos removal are prevented from becoming airborne.Mechanical system a building component system: can include the plumbing system, elevator system, and others (see Heating Ventilation and Air Conditioning system [HVAC]).NIOSH United States National Institute of Occupational Safety and Health.Operations and Maintenance (O&M) Program a program of work practices and training and management procedures designed to maintain PACM in good condition. An O&M program ensures clean-up of asbestos fibers previously released and prevention of further release by minimizing and controlling PACM disturbance or damage. An O&M program should be implemented at all buildings with PACM.Optical microscope a microscope which uses the transmission of light through lenses to magnify a specimen for examination. Capable of resolution of fibers or other materials down to approximately 0.25 micrometers in diameter.OSHA United States Occupational Safety and Health Administration.Phase Contrast Microscopy (PCM) an optical microscopic technique used for counting fibers in air samples. PCM does not distinguish between asbestos and non-asbestos fiber types. The PCM method currently recognized is referred to as NIOSH 7400.Physical assessment evaluating asbestos-containing material to determine its current condition and potential for future disturbance.Plenum a space in a building, other than a duct or shaft, designed to transport air. Plenums are commonly the space between a suspended ceiling and the floor above.Polarized Light Microscopy (PLM) an optical microscopic method for the identification of asbestos in bulk samples in which the sample is illuminated with polarized light.Poor as used in the context of material condition, material is obviously damaged with evidence of de-lamination or inadequate adhesion of the material to its substrate.Presumed Asbestos Containing Materials (PACM) – material presumed to be asbestos containing until verified using AHERA sampling and analysis by PLM.Quality Assurance (QA) a process designed to provide confidence that the quality control program is being applied effectively. The process includes an auditing procedure designed to evaluate all known policies and procedures that affect the quality of results.Quality Control (QC) a program comprised of the operational procedures to ensure that data are of known and acceptable precision and accuracy.Response action any method, including removal, encapsulation, enclosure, repair, or Operations and Maintenance program, that minimizes harm to human health and the environment from the hazards and effects of PACM.Scanning Electron Microscopy (SEM) magnification 450-15,000x. Analytical technique used for air and bulk sample analysis. May use Energy Dispersive Spectroscopy (EDS) to positively identify chemical elements present in the sample. Method involves counting fibers (discriminating between fibers less than and greater than 5.0 microns length) in a known surface area of a filter or bulk material.Specifications a written set of standards, procedures, and materials for the abatement of asbestos. Includes contract documents detailing the Scope of Work of the project and defining Contractor, Building Owner, and Consultant responsibilities.Transite a trade name for asbestos cement wallboard or pipe.Transmission Electron Microscopy (TEM) State-of-the-art analytical method for air and bulk sample analysis. Uses high magnification (typically 15,000x) to identify asbestos fibers. May utilize Energy Dispersive Spectroscopy (EDS) and/or Selected Area Electron Diffraction (SAED) to confirm asbestos and to identify the type of asbestos present. Recommended for final clearance air samples and for bulk analysis of samples with difficult-to-analyze matrices (e.g., plaster, vinyl tile). Provides the most definitive analysis of asbestos currently available.SECTION E - SOLICITATION PROVISIONSE.1 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)E.2 52.211-6 BRAND NAME OR EQUAL (AUG 1999) (a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation. (b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must— (1) Meet the salient physical, functional, or performance characteristic specified in this solicitation; (2) Clearly identify the item by— (i) Brand name, if any; and (ii) Make or model number; (3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and (4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications. (c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. (d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation.(End of Provision)E.3 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (APR 2014) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show— (1) The solicitation number; (2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) "Remit to" address, if different than mailing address; (8) 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 offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) 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 (11) If the offer 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. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (c) 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. (d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. 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 preaward testing. (e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately. (f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, 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 offers or revisions are due. (2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and— (A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (C) If this solicitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers 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 offers 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. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. (g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availability of requirements documents cited in the solicitation. (1)(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, SWWashington, DC 20407Telephone (202) 619-8925 Facsimile (202) 619-8978. (ii) 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. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites: (i) ASSIST (); (ii) Quick Search (); (iii) (). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by? (i) Using the ASSIST Shopping Wizard (); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror'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 offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at . An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office. (k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through . (l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: (1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of the rationale for award; (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.(End of Provision)E.4 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) 1. BASIS FOR AWARD. (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:(1) Factor 1 -- Technical conformance to the solicitation(2) Factor 2 – All other non-price factors(3) Factor 3 – Price Technical conformance to the solicitation is more important than all other non-price factors. Technical conformance to the solicitation and all other non-price factors are each significantly more important than price. 2. GENERAL INSTRUCTIONS FOR PROPOSAL SUBMISSIONSa. Period of Acceptance of Quotes. The Contractor agrees to hold prices in its offer firm for a period of sixty (60) calendar days from the date specified for the receipt of offers.b. Requirements for Proposal Submittal. (1) Proposals are to be submitted either through email to Susanne.Christen@ or in hard copy through the mail and clearly marked with the RFQ number. If proposal is emailed, Contractors shall send one (1) copy of the proposal in either Microsoft Word or Adobe readable format with the RFQ number placed in the subject line of the email. If proposal is mailed, contractors shall provide one (1) copy of the proposal and a CD with an electronic version of the proposal in either a Microsoft Word or Adobe readable format. (2) Quotes shall include, at minimum, the Standard Form 1449 that is included in this solicitation, the B.1 Contract Administration Data with the Contractor’s and any amendment information completed, and the B.2 Schedule of Services and Price completed with Contractor’s item(s), local stock number(s), and pricing information included. A completed FAR 52.212-3 Offer Representations and Certifications—Commercial Items should be included with quotes. Other documents may be submitted with quotes. (End of Provision)E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (DEC 2014) The offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via . If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (p) of this provision. (a) Definitions. As used in this provision— “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. “Forced or indentured child labor” means all work or service— (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. “Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. “Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. “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). “Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except— (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. “Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. “Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate— (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. “Sensitive technology”— (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically— (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). “Service-disabled veteran-owned small business concern”— (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; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (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). “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 size standards in this solicitation. “Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that— (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by— (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition. “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. “Veteran-owned small business concern” means a small business concern— (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) 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 veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. “Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. “Women-owned small business concern” means a small business concern— (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. “Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website. (2) The offeror has completed the annual representations and certifications electronically via the SAM website access through . After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs . (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it [ ] is, [ ] is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not a women-owned small business concern. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that— (i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that— (i) It [ ] is, [ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: ___________________________________________ (10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that— (i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR Part 126; and (ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246— (1) Previous contracts and compliance. The offeror represents that— (i) It [ ] has, [ ] has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It [ ] has, [ ] has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that— (i) It [ ] has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or (ii) It [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American—Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.” (2) Foreign End Products: Line Item No Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)(1) Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.” (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”: Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” Other Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”: Canadian End Products: Line Item No. __________________________________________ __________________________________________ __________________________________________[List as necessary] (3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”: Canadian or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”: Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements”. (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals— (1) [ ] Are, [ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) [ ] Have, [ ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) [ ] Are, [ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) [ ] Have, [ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). (1) Listed end products.Listed End ProductListed Countries of Origin (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly— (1) __ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) __ Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [ ] does [ ] does not certify that— (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003- 4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. [ ] (2) Certain services as described in FAR 22.1003- 4(d)(1). The offeror [ ] does [ ] does not certify that— (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies— (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). [ ] TIN: _____________________. [ ] TIN has been applied for. [ ] TIN is not required because: [ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; [ ] Offeror is an agency or instrumentality of a foreign government; [ ] Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. [ ] Sole proprietorship; [ ] Partnership; [ ] Corporate entity (not tax-exempt); [ ] Corporate entity (tax-exempt); [ ] Government entity (Federal, State, or local); [ ] Foreign government; [ ] International organization per 26 CFR 1.6049-4; [ ] Other _________________________. (5) Common parent. [ ] Offeror is not owned or controlled by a common parent; [ ] Name and TIN of common parent: Name _____________________. TIN _____________________. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations. (1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. (2) Representation. By submission of its offer, the offeror represents that— (i) It is not an inverted domestic corporation; and (ii) It is not a subsidiary of an inverted domestic corporation. (o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@. (2) Representation and certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror— (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,000 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at ). (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if— (i) This solicitation includes a trade agreements certification (e.g., 52.212–3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. (p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a DUNS Number in the solicitation.) (1) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture. (2) If the Offeror indicates “has” in paragraph (p)(1) of this provision, enter the following information:Immediate owner CAGE code:________________________________________________________________Immediate owner legal name:________________________________________________________________(Do not use a “doing business as” name) Is the immediate owner owned or controlled by another entity: [ ] Yes or [ ] No. (3) If the Offeror indicates “yes” in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:Highest-level owner CAGE code:________________________________________________________________Highest-level owner legal name:________________________________________________________________(Do not use a “doing business as” name)(End of Provision)E.6 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.(End of Provision)E.7 52.225-18 PLACE OF MANUFACTURE (SEPT 2006) (a) Definitions. As used in this clause— "Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except— (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. (b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly— (1) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) Outside the United States.(End of Provision)E.8 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN—REPRESENTATION AND CERTIFICATIONS (DEC 2012) (a) Definitions. As used in this provision— "Person"— (1) Means— (i) A natural person; (ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and (iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and (2) Does not include a government or governmental entity that is not operating as a business enterprise. "Sensitive technology"— (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically— (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). (b) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@. (c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with 25.703–4, by submission of its offer, the offeror— (1) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (2) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran’s ability to acquire or develop certain weapons or technologies; and (3) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,000 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at ). (d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the certification requirements of paragraphs (c)(2) and (c)(3) of this provision do not apply if— (1) This solicitation includes a trade agreements notice or certification (e.g., 52.225-4, 52.225-6, 52.225-12, 52.225-24, or comparable agency provision); and (2) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.(End of Provision)E.9 52.233-2 SERVICE OF PROTEST (SEP 2006) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: Susanne Christen Contract Specialist Hand-Carried Address: Department of Veterans Affairs Attn:Contracting Office/Susanne Christen 6900 North Pecos Road, Bldg. 5, Rm#1F156 North Las Vegas NV 89086 Mailing Address: Department of Veterans Affairs Attn:Contracting Office/Susanne Christen 6900 North Pecos Road, Bldg. 5, Rm#1F156 North Las Vegas NV 89086 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.(End of Provision)E.10 VAAR 852.211-73 BRAND NAME OR EQUAL (JAN 2008) (Note: as used in this clause, the term "brand name" includes identification of products by make and model.) (a) If items called for by this invitation for bids have been identified in the schedule by a "brand name or equal" description, such identification is intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. Bids offering "equal" products (including products of the brand name manufacturer other than the one described by brand name) will be considered for award if such products are clearly identified in the bids and are determined by the Government to meet fully the salient characteristics requirements listed in the invitation. (b) Unless the bidder clearly indicates in the bid that the bidder is offering an "equal" product, the bid shall be considered as offering a brand name product referenced in the invitation for bids. (c)(1) If the bidder proposes to furnish an "equal" product, the brand name, if any, of the product to be furnished shall be inserted in the space provided in the invitation for bids, or such product shall be otherwise clearly identified in the bid. The evaluation of bids and the determination as to equality of the product offered shall be the responsibility of the Government and will be based on information furnished by the bidder or identified in his/her bid as well as other information reasonably available to the purchasing activity. CAUTION TO BIDDERS. The purchasing activity is not responsible for locating or securing any information that is not identified in the bid and reasonably available to the purchasing activity. Accordingly, to insure that sufficient information is available, the bidder must furnish as a part of his/her bid all descriptive material (such as cuts, illustrations, drawings or other information) necessary for the purchasing activity to: (i) Determine whether the product offered meets the salient characteristics requirement of the Invitation for Bids, and (ii) Establish exactly what the bidder proposes to furnish and what the Government would be binding itself to purchase by making an award. The information furnished may include specific references to information previously furnished or to information otherwise available to the purchasing activity. (2) If the bidder proposes to modify a product so as to make it conform to the requirements of the Invitation for Bids, he/she shall: (i) Include in his/her bid a clear description of such proposed modifications, and (ii) Clearly mark any descriptive material to show the proposed modifications. (3) Modifications proposed after bid opening to make a product conform to a brand name product referenced in the Invitation for Bids will not be considered. The clause entitled "Brand name or equal" applies only to the following line items:(End of Clause)E.11 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) (a) Any protest filed by an interested party shall: (1) Include the name, address, fax number, and telephone number of the protester; (2) Identify the solicitation and/or contract number; (3) Include an original signed by the protester or the protester's representative and at least one copy; (4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents; (5) Specifically request a ruling of the individual upon whom the protest is served; (6) State the form of relief requested; and (7) Provide all information establishing the timeliness of the protest. (b) Failure to comply with the above may result in dismissal of the protest without further consideration. (c) Bidders/offerors and contracting officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.(End of Provision)E.12 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998) As an alternative to filing a protest with the contracting officer, an interested party may file a protest with the Deputy Assistant Secretary for Acquisition and Materiel Management, Acquisition Administration Team, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, or for solicitations issued by the Office of Construction and Facilities Management, the Director, Office of Construction and Facilities Management, 810 Vermont Avenue, NW., Washington, DC 20420. The protest will not be considered if the interested party has a protest on the same or similar issues pending with the contracting officer.(End of Provision) PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:Deputy Assistant Secretary for Acquisition and Logistics,Risk Management Team, Department of Veterans Affairs810 Vermont Avenue, N.W.Washington, DC 20420 Or for solicitations issued by the Office of Construction and Facilities Management:Director, Office of Construction and Facilities Management811 Vermont Avenue, N.W.Washington, DC 20420 ................
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