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TC "SECTION A" \l 1TC "A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS" \l 2PAGE 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 A RATED ORDER UNDERDPAS (15 CFR 700)13b. RATING14. METHOD OF SOLICITATIONRFQIFBRFP15. DELIVER TO CODE16. 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 AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND 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 ITEMS66650-16-3-4810-0043VA241-16-Q-036906-15-2016Stephen Clements603-624-4366x586007-27-20161500 EST90CDepartment of Veterans AffairsNetwork Contracting Office 1 (NE)VAMC Manchester718 Smyth Road, BST Suite 105Manchester NH 03104X100X238210$15 MillionXN/AXDepartment of Veterans AffairsProvidence VAMC830 Chalkstone AveProvidence RI 0290890CDepartment of Veterans AffairsNetwork Contracting Office 1 (NE)VAMC Manchester718 Smyth Road, BST Suite 105Manchester NH 03104 All Invoices from the Contractor shallbe submitted electronically as perVAAR Clause 852.232-72Electronic Submission of Payment Request 877-353-9791See CONTINUATION PageThis solicitation is a request for quote (RFQ) forelectrical equipment testing services. The governmentintends to award a firm fixed price contract with one baseyear plus 4 option years. Contractor shall provide allnecessary personnel, supervision, labor, equipment, materialand disposal necessary to provide the services at theProvidence Medical Center, pursuant to the Performance WorkStatement described herein.Quoters should carefully follow instructions included in52.212-1 and for evaluation criteria specified in Section E(52.212-2 and Basis for Award). Pricing should be identifiedB.4 Price/Cost Schedule attached to the RFQ.This Wage Determination applies to the solicitation:Wage Determination Number: 2005-2253 Revision No.: 18 Date Of Revision: 12/29/2015A site visit will be held on 07/13/2016 at 01:00 PM EST.Quoters meet VA personnel at location listed in Section E.All quotes shall be emailed to: stephen.clements3@Any quote not compliant with RFQ requirements will notbe considered.See CONTINUATION PageXX1Table of Contents TOC \o &quot;1-4&quot; \f \h \z \u \x SECTION A PAGEREF _Toc453944473 \h 1A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS PAGEREF _Toc453944474 \h 1SECTION B - CONTINUATION OF SF 1449 BLOCKS PAGEREF _Toc453944475 \h 4B.1 CONTRACT ADMINISTRATION DATA PAGEREF _Toc453944476 \h 4B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011) PAGEREF _Toc453944477 \h 4B.3 PERFORMANCE WORK STATEMENT PAGEREF _Toc453944478 \h 6B.4 PRICE/COST SCHEDULE PAGEREF _Toc453944481 \h 16ITEM INFORMATION PAGEREF _Toc453944482 \h 16SECTION C - CONTRACT CLAUSES PAGEREF _Toc453944483 \h 17C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (MAY 2015) PAGEREF _Toc453944484 \h 17C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) PAGEREF _Toc453944485 \h 21C.3 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014) PAGEREF _Toc453944486 \h 21C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS PAGEREF _Toc453944487 \h 21C.5 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION) (FEB 2015) PAGEREF _Toc453944488 \h 22C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) PAGEREF _Toc453944489 \h 22C.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) PAGEREF _Toc453944490 \h 22C.8 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997) PAGEREF _Toc453944491 \h 23C.9 52.232-18 AVAILABILITY OF FUNDS (APR 1984) PAGEREF _Toc453944492 \h 23C.10 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) PAGEREF _Toc453944493 \h 23C.11 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984) PAGEREF _Toc453944494 \h 23C.12 52.237-3 CONTINUITY OF SERVICES (JAN 1991) PAGEREF _Toc453944495 \h 23C.13 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) PAGEREF _Toc453944496 \h 24C.14 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (DEC 2009) PAGEREF _Toc453944497 \h 24C.15 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) PAGEREF _Toc453944498 \h 25C.16 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984) PAGEREF _Toc453944499 \h 26C.17 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAR 2016) PAGEREF _Toc453944500 \h 26SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS PAGEREF _Toc453944501 \h 31D.1 WAGE DETERMINATION…………………………………...……………………………31D.2 PROVIDENCE VAMC SAFETY MANUAL……………………………………………….34D.3 QUALITY ASSURANCE SURVEILLANCE PLAN……………...……………………….44SECTION E - SOLICITATION PROVISIONS PAGEREF _Toc453944531 \h 48E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2015) PAGEREF _Toc453944532 \h 48E.2 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (APR 2016) PAGEREF _Toc453944533 \h 50E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) PAGEREF _Toc453944534 \h 60E.4 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2015) PAGEREF _Toc453944535 \h 61E.5 52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS—REPRESENTATION (DEVIATION) (FEB 2015) PAGEREF _Toc453944536 \h 61E.6 52.209-5 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION)(MAR 2012) PAGEREF _Toc453944537 \h 62E.7 52.216-1 TYPE OF CONTRACT (APR 1984) PAGEREF _Toc453944538 \h 62E.8 52.217-4 EVALUATION OF OPTIONS EXERCISED AT TIME OF CONTRACT AWARD (JUN 1988) PAGEREF _Toc453944539 \h 62E.9 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN—REPRESENTATION AND CERTIFICATIONS (OCT 2015) PAGEREF _Toc453944540 \h 62E.10 52.233-2 SERVICE OF PROTEST (SEP 2006) PAGEREF _Toc453944541 \h 63E.11 52.237-1 SITE VISIT (APR 1984) PAGEREF _Toc453944542 \h 64E.12 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (DEC 2009) PAGEREF _Toc453944543 \h 64E.13 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) PAGEREF _Toc453944544 \h 64E.14 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998) PAGEREF _Toc453944545 \h 64E.15 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) PAGEREF _Toc453944546 \h 65E.16 VAAR 852.273-70 LATE OFFERS (JAN 2003) PAGEREF _Toc453944547 \h 65E.17 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (JAN 2003) PAGEREF _Toc453944548 \h 65E.18 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) PAGEREF _Toc453944549 \h 65SECTION B - CONTINUATION OF SF 1449 BLOCKSB.1 CONTRACT ADMINISTRATION DATA(continuation from Standard Form 1449, block 18A.) 1. Contract Administration: All contract administration matters will be handled by the following individuals: a. CONTRACTOR: b. GOVERNMENT: Contracting Officer 36C241 Stephen ClementsDepartment of Veterans AffairsNetwork Contracting Office 1 (NE)VAMC Manchester718 Smyth Road, BST Suite 105Manchester NH 03104 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 performance of specified task. 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.All Invoices from the Contractor shallbe submitted electronically as perVAAR Clause 852.232-72Electronic Submission of Payment Request ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:AMENDMENT NODATEB.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside. 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.B.3 PERFORMANCE WORK STATEMENTELECTRICAL SYSTEM PREVENTATIVE MAINTENANCEGENERAL: Provide professional services to include all labor, transportation, materials, apparatus, tools, equipment and permits necessary to perform inspection, testing and maintenance of the electrical distribution system as listed below.VA Project Manager _Mark Perino_ Telephone # _401-459-4760x1546_PROJECT SCOPE OF WORK: After award, but prior to the start of any field work, the contractor shall contact the Project Manager to review proposed methods and plans for completion of work and to review infection control procedures, interim life safety procedures, above ceiling and wall penetration permits and hot work permits. Field work may not commence until these plans have been approved as detailed below.2.2 GENERAL SCOPEThe contractor is required to provide inspection, testing and maintenance service for the electrical distribution system including all labor, material and equipment. Contractor personnel must be capable of performing basic operation of electrical equipment such as exercising circuit breakers, operating Kirk key interlocks and changing protective relay settings. Any equipment failures occurring as a result of testing or testing activities must be immediately repaired by the contractor. The VA will provide personnel who have access to locked electrical spaces, however it should not be assumed that the personnel will be an electrician or capable of assisting with removal of panel covers. It is the contractor’s responsibility to remove and replace panel covers as needed.All services will be provided in accordance with applicable codes, standards and manufacturer's requirements.A listing of equipment covered by this contract is as follows: ITEMQTY1.0TRANSFORMERS (Oil)**1.1300KVA, 11.2KV/120/208 (BLDG 9)11.2300KVA, 11.2KV/277/480 (BLDG 35)11.3300KVA, 11.2KV/120/208 (BLDG 10)11.4150KVA, 11.2KV/120/208 (T-32)11.5500KVA, 11.2KV/277/480 (BLDG 4)11.6300KVA, 11.2KV/120/208 (BLDG 2)12.0TRANSFORMERS (Dry)**2.1300KVA, 480V/120/208 (BLDG 2)12.2300KVA, 480V/120/208 (BLDG 9)12.3500KVA, 480V/277/480 (BLDG 35)12.41000KVA, 11.2KV/277/480 (E WING)12.51500KVA, 11.2KV/277/480 (BLDG 1)22.61500KVA, 11.2KV/120/208 (BLDG 1)22.7500KVA, 480V/120/208 (E WING)13.0RUSS ELECTRIC GENERATOR SWITCHBOARD3.14000A Main Bus13.2Protective Relay43.31600A Power CB53.4800A Power CB83.5Ammeter53.6Voltmeter53.7Wattmeter43.8Frequency meter13.9Syncroscope13.10Reverse Power Relay44.0AUTOMATIC TRANSFER SWITCHES4.1400A ATS (Russ Electric) B1 ATS and Emer Elec Room**84.2200A ATS (Russ Electric) B1 ATS Room** 14.3400A ATS (ASCO) B1 Emer Elec Room**14.4400A ATS (Russ Electric) B1 Elevator Penthouse***24.5400A ATS (ASCO) BLDG 10**14.6800A ATS (Russ Electric) BLDG 9**14.7800A ATS (Russ Electric) BLDG 2**14.8800 A ATS (Russ Electric) BLDG 35**14.9100A ATS (Russ Electric) B1 Dietetics Elevator***15.0480 VOLT DISTRIBUTION EQUIPMENT5.1See section 8 for a listing of bus ducts, switchboards, and distribution panels.6.015KV SWITCHES6.1Outdoor Switch B9***16.2Outdoor Switch B2***16.3Outdoor Switch B35***16.4Outdoor Switch B4**16.5Outdoor Switch B1 E wing**16.6Outdoor Switch B1**26.7Indoor Fused Disconnects Main Electric Rm**47.015KV SUBSTATION7.1Battery System -Nickel Cadmium (l set)17.2Battery Charger17.3Westinghouse VCO Relays***,*287.415KV Vacuum breakers ***,*77.515KV Transfer Switch ***,*1* Contractor must coordinate shutdown with National Grid and the VAMC.** Work will be done on weekends only *** Work done before 7:00 A.M. or after 5:00 P.M or weekends.2.3 GENERAL REQUIREMENTS AND RESPONSIBILITIESTests will be performed during and after working hours or on weekends as indicated. The contractor shall investigate all conditions before bidding.The VA Facilities Management Service will coordinate the schedule for power shutdown and the contractor will notify the VA at least 10 business days in advance of a planned shutdown. However, the schedule for a power shutdown may change as the working conditions change in the medical center.In performing this contract, the contractor/testing lab is responsible for preventing damage to equipment or material during testing. If testing causes any damage to equipment, the contractor shall provide an exact replacement immediately to avoid work interruptions without obligation to the government.The testing lab shall be responsible for implementing all final settings and adjustments in accordance with the manufacturer's specified values.The testing lab shall have a calibration program which maintains all applicable test instruments with rated accuracy. The accuracy shall be directly traceable to the National Institute of Standards and Technology.Dated calibration labels shall be visible on all tested equipment.The testing lab shall provide an up-to-date instrument calibration and procedure for each piece of equipment tested. Submit for approval prior to commencing work.The testing lab shall provide a list of critical spare parts needed in case of an emergency. Submit for approval prior to commencing work.Work not performed due to difficulty of power shutdown or any other reason related to the working conditions in the medical center shall be deducted from the contract price.Contractor will provide a comprehensive 3 year plan for meeting the testing requirements of the equipment listed in this document. The plan should clearly show which equipment has annual testing requirements.The Facilities Management Service COTR or designee has the right to witness all function tests.Any equipment or components found defective shall be reported immediately to the COTR.INSPECTION AND TESTING PROCEDURESThe testing lab shall perform visual and mechanical inspections, testing, calibration and adjustment of the electrical equipment under this contract in accordance with but not limited to all applicable codes, standards, and manufacturers’ instructions and as outlined in sections 4 through 11. The most current version shall apply.TRANSFORMERS:Visual and Mechanical InspectionsInspect for physical damage, cracked insulators, proper tightness of connections, defective wiring, leaks, and general mechanical and electrical pare equipment nameplate information with the latest single line diagram and report discrepancies.Verify proper auxiliary device operation such as fans and indicators in accordance with manufacturer's recommendations.Verify proper liquid level in all tanks and bushings.Electrical TestsTesting and analysis of insulating oil - Sample insulating liquid in accordance with ASTM D-923. Sample shall be laboratory tested for:Acid neutralization number: ASTM D-974Specific gravity: ASTM D-1298Interfacial Tension: ASTM D-971 or ASTM D-2285Color: ASTM D-1500Visual Conditions: ASTM D-1524Perform dissolved gas analysis (DGA) in accordance with ANSI/IEEEC57.104 or ASTM D-1524PPM water: ASTM D-1533. Required on 25KV or higher voltages and on all silicone filled units.Measure total combustible gas (TCG) content in accordance with ANSI/IEEE C57.104 or ASTM D-3284.Test ValuesDielectric fluid should comply with Table A7.2.2.SWITCHBOARDS: Visual and Mechanical InspectionsInspect for physical, electrical and mechanical pare equipment nameplate information with the latest single line diagram and report discrepancies.Inspect for proper alignment, anchorage, grounding, and required area clearances.Infrared scan all bus connections for "hot spots", infrared survey should be made with the system in operation and under maximum load conditions to identify high resistance connections.Remove all foreign matter using a vacuum cleaner.All active components shall be exercised. All indicating devices shall be inspected for proper operation.Breaker racking mechanisms shall be cleaned, lubricated and checked for proper alignment.Verify bolt torque levels are in compliance with manufacturer’s requirements.Main Switch Gear and the Generator Switch GearOperate every circuit breaker manually.Visually check bus bars, bracing, and feeder connections for cleanliness and over-heating.Test protective relay devices in accordance with applicable specifications.CIRCUIT BREAKERS - LOW VOLTAGE (AIR): Note: Draw out air circuit breakers shall be tripped open and withdrawn from the cell. Fixed mounted (bolted, etc.) circuit breakers shall be inspected and tested in place unless they warrant removal.Visual and Mechanical InspectionInspect arc chutes and inter-phase barriers for cracking, burning, chipping and misalignment. A detailed listing shall be compiled of any interrupting components which have sustained damage or wear.All contacts (main, arcing, auxiliary, etc.) shall be inspected for burning and pitting and will be cleaned, dressed, adjusted for wipe, travel and pressure as required.Operating mechanism and linkages shall be vacuum cleaned, lubricated and adjusted for proper operation, clearance, pressure and wait. A check shall be made to insure that all retaining rings, pins, springs, screws and bolts are in place, tightened properly and in good working order.Control and closing coils, shunt trip coils, charging motors, integral control relays and auxiliary switches and relays shall be cleaned, lubricated, adjusted and inspected to insure that they are in proper working order.Primary disconnect stabs on drawout circuit breakers shall be inspected for wear, pitting or burning, cleaned and adjusted as required.Circuit breaker frame, insulators and main copper details shall be vacuum cleaned of all extraneous foreign material (dust, dirt, carbon, moisture, etc.).Ensure that all maintenance devices are available for servicing and operating the breaker. Any test station problems shall be brought to the COTR's attention at least 72 hours prior to scheduled shutdowns and testing.Electrical TestsAuxiliary protective devices, such as ground fault or under-voltage relays shall be operated to insure proper operation of shunt trip devices.AUTOMATIC TRANSFER SWITCHES: Visual and Mechanical Inspection Inspect for physical damage.Check switch to insure positive interlocks between normal and alternate sources (mechanical and electrical).Check tightness of all control and power connections.Insure mechanical breaker reset function.Electrical TestsPerform insulation resistance test phase-to-phase and phase-to-ground with the switch in both source positions.Perform a contact resistance test phase-to-phase and phase-to-ground with the switch in both source positions.Check the calibration and operation of the following:Voltage sensing relays.Transfer time delay relay.Engine shutdown relay.Monitor and verify correct operating and timing:Normal voltage sensing relays.Engines start sequence.Time delay upon transfer.Alternate voltage-sensing relays.Interlocks and limit switch functions.Time delay and retransfer upon normal power restoration.Engine cool down and shutdown feature.Test ValuesInsulation resistance test voltages and minimum values to be in accordance with manufacturer’s standards.Determine contact resistance in micro ohms. Correct any values which deviate from adjacent poles by more than fifty percent (50%).INFRARED SCANNING OF ELECTRICAL EQUIPMENT Visual and Mechanical InspectionRemove all covers prior to inspection and scanning.Inspect for physical, electrical and mechanical condition.Inspect bus alignmentEquipment to be scannedSwitchesBus ductSwitchgearCablesCable connectionsCircuit breakersTerminationsReport shall indicate the following:Problem area (Location of "hot spot")Indicate temperature rise between "hot spot" and reference area.Indicate the cause of the heat rise.Indicate phase imbalance, if present.Provide an index of the areas scanned.Test ParametersScanning distribution system with the ability to detect 1 degree Celsius rise between the subject area and reference at 30 degrees Celsius.Equipment shall detect emitted radiation and convert the detected radiator to a visual signal.Provide photographs (thermo grams) of the deficient area as seen on the imaging system.The infrared surveys shall be performed during periods of maximum possible loading (period between July 15 through August 15, 9: OOAM to 3:00pm) but not less than 10 percent (10%) of the rated load of the electrical equipment being inspectedBus Duct – Building 1 (annual)800 Amp, 3 Phase plug-in (Equipment Branch)600 Amp, 3 Phase plug-in (Critical Branch)400 Amp, 3 Phase plug-in (Critical Branch)100 Amp, 3 Phase plug-in (Life Safety)100 Amp, 3 Phase plug-in (Life Safety)Bus Duct – Building 1 (triennial)1200 Amp, 3 Phase plug-in (A wing)1200 Amp, 3 Phase plug-in (B wing)1200 Amp, 3 Phase plug-in (C wing)600 Amp, 3 Phase plug-in (A wing)600 Amp, 3 Phase plug-in (B wing)600 Amp, 3 Phase plug-in (C wing)800 Amp, 3 Phase plug-in (E wing)1200 Amp, 3 Phase plug-in (E wing)Switchboards – Building 1 (annual)Main Switchboard BD1 – 2500A BusMain Switchboards BD2 and BD3 – 4000A Bus ea.Main Switchboard BD4 – 1800A BusGenerator Switchboard – 3200A BusE wing Switchboard 1BE1 – 1200A BusE wing Switchboard 1BE2 – 1600A BusCritical Panel boards – Buildings 1 and 4 (annual)*Panels MDP-LSE, MDP-LSHLPanel MDP-CREPanels MDEQ6, MDEQ6APanels MDP-DEQ, MDP-EQPanels MDP-CR1, MDP-CR2 Panels SDPE-3, SDPE-4Panels EPP, ELP, KE, KD, KSPanels DEQ8, DEA, 8AVPanels 3EQ, ADP, SL, ADP2Panels P2CD, P2B2, P2AE, P2AE1Panels P1AE, P1BE, P2B2, PBEPanels 2CRA, 3CRA, 4CRA, 5CRA, 6CRA, 3CRB, 4CRB, 5CRB, 6CRB, 1LSA, 2LSA, 3LSA, 4LSA, 5LSA, 6LSA,3LSB,4LSB, 5LSB, & 6LSB, 3BE, 4CRBA, 5CRBA, 6CRBA, 4LSB1Panels XF, XG, XHPanels LS21, LS41, L1AE, P21, P22, SDP21, SDP41Building 4 – quantity 12 panelsNon-critical Panel boards – all buildings (triennial)*Building 1 quantity 150 panelsBuilding 2 quantity 4 panelsBuilding 3 quantity 1 panelBuilding 5 quantity 1 panelBuilding 6 quantity 2 panelsBuilding 7 quantity 4 panelsBuilding 8 quantity 4 panelsBuilding 9 quantity 6 panelsBuilding 10 quantity 3 panelsBuilding 14 quantity 1 panelBuilding 26 quantity 4 panelsBuilding 35 quantity 22 panelsBuilding 32 quantity 5 panels*Panel board quantities may change due to site construction occurring during the course of this contract. The COTR must be informed of any change in quantity before work is either performed or deleted.FUSED VACUUM BREAKERS – 15KVVisual and Mechanical InspectionInspect for physical and mechanical conditionAll insulation should be wiped free of dustVerify that fuse sizes and types correspond to drawingsPerform mechanical operator tests in accordance with the manufacturer's instructionsCheck blade alignment and arc interrupter operationVerify that expulsion-limiting devices are in place on all holders having expulsion type elementsCheck each fuse holder for adequate mechanical support for each fuseTest all electrical and mechanical interlock systems for proper operationClean the entire switch using approved methods and materialsInspect arc chute for chipped parts and misalignmentLubricate as requiredCheck switchblade clearances with the manufacturers published data Electrical TestsPerform insulation resistance tests on each pole, phase-to-phase and phase-to-ground for one (1) minute. Perform contact resistance test across each blade and fuse holderTest ValuesBolt torque levels shall be in accordance manufacturer’s specifications.Perform insulation resistance test in accordance with Table 7.1.1Determine the contact resistance in microhms. Investigate any value exceeding 100 micro ohms or any values that deviate from adjacent poles or similar switches by more than fifty percent (50%)BATTERY SYSTEM: Visual and Mechanical Inspection Inspect for physical damageCheck intercell bus link integrityClean battery terminals and tightenAdd distilled water (if required) to maintain the proper level of electrolyteElectrical TestsMeasure system charging voltage and each individual cell voltageMeasure electrolyte specific gravity and levelTest ValuesCompare measured values with manufacturer’s specifications11. QUALIFICATIONS OF THE TESTING AGENCYThe testing firm shall have local representatives within a 150 mile radius of the Providence VA Medical Center in Providence, RI. There will be multiple trips to the PVAMC to accomplish this work due to the scheduling requirements of multiple shutdowns to numerous pieces of the electrical equipment throughout the medical center. The hospital cannot arbitrarily shut down for the convenience of this contract. The testing firm shall be a corporately independent testing organization which can function as an unbiased testing authority, professionally independent of the manufacturers, suppliers, and installers of equipment or systems evaluated by the test firm.The testing firm shall be regularly engaged in the testing of electrical equipment devices, installations and systems, including high voltage equipment.The testing firm shall meet OSHA criteria for accreditation of testing laboratories, Title 29, Part 1907, or be a full member company of the International Electrical Testing Association.The lead, on site, technical person shall be currently certified by the International Electrical Testing Association (NETA) or National Institute for Certification in Engineering Technologies (NICET) in electrical power - distribution system testing. All personnel performing work on electrical equipment must meet the definition of qualified personnel as stated in the NEC.The testing firm shall utilize technicians who are regularly employed by the firm for testing services.The testing firm shall submit proof of the above qualifications with bid documents.The terms used here within such as Test Agency, Test Contractor, Testing Laboratory, or Contractor Test Company, shall be construed to mean the testing Organization.SUBMITTALS:At the time of bidding, the Contractor shall submit to the VAMC Providence, RI the following:Copy of the contractor’s energized electrical work and lock out tag out policiesMaterial Safety Data Sheets (MSDS) if requiredQualifications for performing work on 11.2KV rated electrical equipmentQUALITY ASSURANCE:The testing lab shall be responsible for satisfactory total operation of the equipment and its certification, and shall have had experience with three or more comparable systems. Each of these systems shall have been in successful operation for three years or more. Submit quality assurance criteria prior to commencing work.Upon completion of annual testing, the contractor shall submit two copies of final test reports within fifteen (15) business days for each year of the contract. Full payment by the PVAMC may not be issued until test reports have been received and approved. Test reports must include documentation of any deficiencies and their recommended corrective actions, or documentation that the corrective action was completed, as well as the items listed below:Summary of the projectDescription of the equipment testedDescription of the testTest resultsUpdated single line diagramsConclusions and recommendationsAppendix with the appropriate test forms for each piece of equipment The signature of the responsible test authorityCODE REQUIREMENTS:All inspections and tests shall be in accordance with the following codes and standards:The National Electric Manufacturer's Association – NEMAThe institute of Electrical and Electronics Engineers – IEEEAmerican Society for Testing and Materials – ASTMInternational Electrical Testing Association - NETA Maintenance Testing Specifications -MTS-1989American National Standards Institute - ANSI C2: National Electrical Safety CodeInsulated Cable Engineers Association – ICEAAssociation on Edison Illuminating Companies – AEICOccupational Safety and Health Administration – OSHANational Fire Protection Association – NFPAANSI/NFPA 70: National Electric CodeANSI/NFPA 70B: Electrical Equipment MaintenanceNFPA 70E: Electrical Safety Requirements for Employee WorkplacesANSI/NFPA 78: Lightning Protection CodeANSI/NFPA 101: Life Safety CodeWARRANTIES:All work shall be warrantied for a minimum period of one year from time of performance. All parts shall carry the manufacturer’s standard warranty as a minimum.PROPOSED SCHEDULE: Standard work hours for this project are 7:00 AM to 4:30 PM Monday through Friday unless otherwise detailed in this document. Some distribution equipment testing will require after hours or weekend work. Work Location and Restrictions:The work site location is at the Providence VA Medical Center in Providence, RI.?The contract work is intended to be done site wide.? All work shall be done between the hours of 7:00am and 4:30pm Monday through Friday, holidays excepted, unless other times are arranged in advance and approved in writing by the Project Manager.?When the contractor’s work interferes with hospital functions, such as when work produces excessive noise, odors, dust, utility service interruptions, or other interferences with normal hospital operations that cannot be contained within the area of work, the contractor shall schedule said work at other than normal hours and as directed by the Project Manager.Parking:Parking is rigidly controlled throughout the Medical Center.?Contractor parking is only allowed in parking lot number 10, located south of Building 1 and at the Davis Park location off Chalkstone Avenue.?Parking in designated patient parking areas is strictly prohibited. Parking on grass is also prohibited.?Parking for equipment necessary to perform the work will be authorized in advance of starting the project. Parking passes will be issued by the VA Police.Site Utilities:The Contractor/Installer should note this scope of work does not detail all existing structures, utilities, or components that may potentially interfere with the contract work required. The contractor shall note any obstruction, utility, or condition that may hinder or interfere with the execution of this contract and the contractor shall make provisions in their contract price to resolve such interferences and other conditions that may hinder the proper completion of the work.?All proposed utility relocations, reallocations, and shutdowns shall be approved by the Project Manager prior to commencing such work.? The contractor shall verify all existing utility installations and take appropriate action prior to working around any potential utility installation. In the event a shutdown, restriction, or interruption of any utility services is required, a written request must be submitted (at least 2 weeks in advance) and approved by the VA Project Manager.?All utility shutdowns must be reviewed and approved by the VA.Project Safety:Contractor shall comply with the Contractor Safety Manual of the Providence VAMC, included as Attachment A.Safety precautions shall include, but are not limited to, the following requirements: Occupational Safety and Health Act – OSHAAccident prevention manual for industrial operations latest edition, National Safety CouncilVA Safety Practices:All tests shall be performed with the equipment de-energized unless an authorized energized electrical work permit is in place.The testing lab shall have a designated safety representative who shall be present on site to ensure proper safety practices are in use. The Safety representative’s name shall be submitted in writing to the COTR prior to commencing work.The testing lab shall use warning signs and caution tape as needed during testing to insure protection of VAMC personnel and patients.Material & Workmanship Quality:All materials and workmanship shall comply with all codes, standards, and recommendations of all Authorities Having Jurisdiction (AHJ).? All work shall be done in a first class manner according to the best trade practices and to the satisfaction of the Project Manager.B.4 PRICE/COST SCHEDULEITEM INFORMATIONITEM NUMBERDESCRIPTION OF SUPPLIES/SERVICESUNIT PRICEAMOUNT0001Base Year ServiceContract Period: BasePOP Begin: 08-15-2016POP End: 08-14-2017____________________________________1001Option Year 1 ServiceContract Period: Option 1POP Begin: 08-15-2017POP End: 08-14-2018____________________________________2001Option Year 2 ServiceContract Period: Option 2POP Begin: 08-15-2018POP End: 08-14-2019____________________________________3001Option Year 3 ServiceContract Period: Option 3POP Begin: 08-15-2019POP End: 08-14-2020____________________________________4001Option Year 4 ServiceContract Period: Option 4POP Begin: 08-15-2020POP End: 08-14-2021____________________________________GRAND TOTAL__________SECTION C - CONTRACT CLAUSESC.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (MAY 2015) (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)ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The following clauses are incorporated into 52.212-4 as an addendum to this contract:C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): (End of Clause)FAR NumberTitleDate52.204-18COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCEJUL 201552.232-40PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORSDEC 2013C.3 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.4 SUPPLEMENTAL INSURANCE REQUIREMENTS In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract: (a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers. (b) General Liability: $500,000.00 per occurrences. (c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage. (d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.(End of Clause)C.5 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION) (FEB 2015) (a) The Contractor shall not require employees or contractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.(End of Clause)C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days.(End of Clause)C.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.(End of Clause)C.8 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.9 52.232-18 AVAILABILITY OF FUNDS (APR 1984) Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.(End of Clause)C.10 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) Funds are not presently available for performance under this contract beyond 2016. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 2016, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.(End of Clause)C.11 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984) The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor's failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price.(End of Clause)C.12 52.237-3 CONTINUITY OF SERVICES (JAN 1991) (a) The Contractor recognizes that the services under this contract are vital to the Government and must be continued without interruption and that, upon contract expiration, a successor, either the Government or another contractor, may continue them. The Contractor agrees to (1) furnish phase-in training and (2) exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor. (b) The Contractor shall, upon the Contracting Officer's written notice, (1) furnish phase-in, phase-out services for up to 90 days after this contract expires and (2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out services required. The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and shall be subject to the Contracting Officer's approval. The Contractor shall provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency. (c) The Contractor shall allow as many personnel as practicable to remain on the job to help the successor maintain the continuity and consistency of the services required by this contract. The Contractor also shall disclose necessary personnel records and allow the successor to conduct on-site interviews with these employees. If selected employees are agreeable to the change, the Contractor shall release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor. (d) The Contractor shall be reimbursed for all reasonable phase-in, phase-out costs (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract.(End of Clause)C.13 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.14 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (DEC 2009) (a) Definition. For the Department of Veterans Affairs, "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 (or eligible surviving spouses); (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans (or eligible surviving spouses) or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; (iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document; and (iv) The business has been verified for ownership and control and is so listed in the Vendor Information Pages database, (). (2) "Service-disabled veteran" means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). (b) General. (1) Offers are solicited only from service-disabled veteran-owned small business concerns. Offers received from concerns that are not service-disabled veteran-owned small business concerns shall not be considered. (2) Any award resulting from this solicitation shall be made to a service-disabled veteran-owned small business concern. (c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, in the case of a contract for: (1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other eligible service-disabled veteran-owned small business concerns; (2) Supplies (other than acquisition from a nonmanufacturer of the supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other eligible service-disabled veteran-owned small business concerns; (3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other eligible service-disabled veteran-owned small business concerns; or (4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other eligible service-disabled veteran-owned small business concerns. (d) A joint venture may be considered a service-disabled veteran owned small business concern if-- (1) At least one member of the joint venture is a service-disabled veteran-owned small business concern, and makes the following representations: That it is a service-disabled veteran-owned small business concern, and that it is a small business concern under the North American Industry Classification Systems (NAICS) code assigned to the procurement; (2) Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement; and (3) The joint venture meets the requirements of paragraph 7 of the explanation of Affiliates in 19.101 of the Federal Acquisition Regulation. (4) The joint venture meets the requirements of 13 CFR 125.15(b). (e) Any service-disabled veteran-owned small business concern (non-manufacturer) must meet the requirements in 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.(End of Clause)C.15 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.16 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 Rhode Island. 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.17 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAR 2016) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). (2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [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 (OCT 2015) (41 U.S.C. 3509). [] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) [X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2015) (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. (OCT 2015) (31 U.S.C. 6101 note). [] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). [] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a). [] (ii) Alternate I (NOV 2011) of 52.219-3. [] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). [] (ii) Alternate I (JAN 2011) of 52.219-4. [] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644). [] (ii) Alternate I (NOV 2011). [] (iii) Alternate II (NOV 2011). [] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). [] (ii) Alternate I (Oct 1995) of 52.219-7. [] (iii) Alternate II (Mar 2004) of 52.219-7. [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 2015) (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 2015) 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, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)). [] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)). [X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). [] (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (FEB 2016) (E.O. 13126). [X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015). [X] (28) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246). [X] (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212). [X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). [X] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). [X] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). [X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627). [] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). [X] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) [] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (36)(i) 52.223-13, Acquisition of EPEAT?-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). [] (ii) Alternate I (OCT 2015) of 52.223-13. [] (37)(i) 52.223-14, Acquisition of EPEAT?-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514). [] (ii) Alternate I (JUN 2014) of 52.223-14. [] (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b). [] (39)(i) 52.223-16, Acquisition of EPEAT?-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). [] (ii) Alternate I (JUN 2014) of 52.223-16. [X] (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [] (41) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83). [] (42)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. [] (ii) Alternate I (MAY 2014) of 52.225-3. [] (iii) Alternate II (MAY 2014) of 52.225-3. [] (iv) Alternate III (MAY 2014) of 52.225-3. [] (43) 52.225-5, Trade Agreements (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [X] (44) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). [] (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). [] (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). [] (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). [] (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). [] (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). [] (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332). [X] (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). [] (52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). [] (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). [] (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). [] (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [X] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). [X] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). [X] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).Employee ClassMonetary Wage-Fringe Benefits [X] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). [] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67). [] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67). [] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67). [X] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015). [] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). [] (10) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause— (i) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (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 $700,000 ($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) 52.222-21, Prohibition of Segregated Facilities (APR 2015). (v) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). (ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (x) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). (xi)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627). (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67). (xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67). (xiv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015). (xvi) 52.225-26, 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). (xvii) 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. (xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.(End of Clause)(End of Addendum to 52.212-4)SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTSD.1 WAGE DETERMINATIONWD 05-2253 (Rev.-18) was first posted on on 01/05/2016************************************************************************************REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATIONBy direction of the Secretary of Labor | WAGE AND HOUR DIVISION | WASHINGTON D.C. 20210 | | | | Wage Determination No.: 2005-2253Daniel W. Simms Division of | Revision No.: 18Director Wage Determinations| Date Of Revision: 12/29/2015_______________________________________|____________________________________________Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 forcalendar year 2016 applies to all contracts subject to the Service ContractAct for which the solicitation was issued on or after January 1, 2015. If thiscontract is covered by the EO, the contractor must pay all workers in anyclassification listed on this wage determination at least $10.15 per hour (orthe applicable wage rate listed on this wage determination, if it is higher)for all hours spent performing on the contract in calendar year 2016. The EOminimum wage rate will be adjusted annually. Additional information oncontractor requirements and worker protections under the EO is available atwhd/govcontracts.____________________________________________________________________________________ **Fringe Benefits Required Follow the Occupational Listing**OCCUPATION CODE - TITLE FOOTNOTE RATE 23160 - Electrician, Maintenance 25.28 23181 - Electronics Technician Maintenance I 24.89 23182 - Electronics Technician Maintenance II 25.93 23183 - Electronics Technician Maintenance III 27.00____________________________________________________________________________________ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:HEALTH & WELFARE: $4.27 per hour or $170.80 per week or $740.13 per monthVACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 10 years, and 4 after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)HOLIDAYS: A minimum of eleven paid holidays per year: New Year's Day, MartinLuther King Jr's Birthday, Washington's Birthday, Good Friday, Memorial Day,Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.)(See 29 CFR 4.174)** UNIFORM ALLOWANCE **If employees are required to wear uniforms in the performance of this contract(either by the terms of the Government contract, by the employer, by the state orlocal law, etc.), the cost of furnishing such uniforms and maintaining (bylaundering or dry cleaning) such uniforms is an expense that may not be borne by anemployee where such cost reduces the hourly rate below that required by the wagedetermination. The Department of Labor will accept payment in accordance with thefollowing standards as compliance:The contractor or subcontractor is required to furnish all employees with anadequate number of uniforms without cost or to reimburse employees for the actualcost of the uniforms. In addition, where uniform cleaning and maintenance is madethe responsibility of the employee, all contractors and subcontractors subject tothis wage determination shall (in the absence of a bona fide collective bargainingagreement providing for a different amount, or the furnishing of contraryaffirmative proof as to the actual cost), reimburse all employees for such cleaningand maintenance at a rate of $3.35 per week (or $.67 cents per day). However, inthose instances where the uniforms furnished are made of "wash and wear"materials, may be routinely washed and dried with other personal garments, and donot require any special treatment such as dry cleaning, daily washing, or commerciallaundering in order to meet the cleanliness or appearance standards set by the termsof the Government contract, by the contractor, by law, or by the nature of the work,there is no requirement that employees be reimbursed for uniform maintenance costs.The duties of employees under job titles listed are those described in the"Service Contract Act Directory of Occupations", Fifth Edition, April 2006,unless otherwise indicated. Copies of the Directory are available on the Internet. Alinks to the Directory may be found on the WHD home page at or through the Wage Determinations On-Line (WDOL) Web site at FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form1444 (SF 1444)}Conformance Process:The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined. Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es)of employees. The conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract. {See Section 4.6 (C)(vi)} When multiple wage determinations are included in a contract, a separate SF 1444 should be prepared for each wage determination to which a class(es)is to be conformed.The process for preparing a conformance request is as follows:1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).2) After contract award, the contractor prepares a written report listing in order proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4).4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request.5) The contracting officer transmits the Wage and Hour decision to the contractor.6) The contractor informs the affected rmation required by the Regulations must be submitted on SF 1444 or bond paper.When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to insure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination.Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination.D.2 PROVIDENCE VA MEDICAL CENTER CONSTRUCTION SAFETY MANUALINTRODUCTIONAll contractors, Project Managers, and employees engaged in construction activities at the PVAMC must be aware of the construction safety requirements outlined in this manual.The implementation of construction safety programs will minimize the potential for injuries and illnesses to our patients, employees and visitors from unsafe construction activities conducted by contractors and VA employees, including operations and maintenance crews, permanent construction crews and temporary purchase and hire staff.It is the policy of the VHA to protect patients, staff, visitors and contractors from safety and health hazards associated with construction activity on VA/VHA property and leased property at which VA-funded construction is occurring. Construction activities are defined as those that include VHA projects performed by employees or contractors and enhanced use lease projects within structures fully managed by VHA or within the purview of VHA authority. Safety is a philosophy and a practice that identifies and eliminates job site hazards throughout the lifecycle of a project and discourages work practices and equipment that place individuals at risk of injury. This manual outlines programs and procedures to maintain a healthy environment of care for our patients and a safe and healthy worksite for employees, visitors and contractors during construction activities.1.0 GENERAL INFORMATIONStandard Safety and Security RulesThe following are some reasons for which an employee of a contractor may be temporarily or permanently removed from Medical Center premises:Possession or use of alcoholic beverages or regulated drugs not prescribed by a physicianPossession of explosives, firearms, ammunition, and other weaponsDeliberate violation of safety or security rulesIllegal dumping, handling, or disposal of hazardous materialsDestruction or removal, without written permission, of any property belonging to Providence VAMC, the property owner, employee, or other contractors or employeesFailure to follow the directions or instructions of a VA Police Officer, VA Project Manager or VA Project ManagerFailure to wear in a visible manner a facility issued identification badgeIntimidating, threatening, harassing, impeding or interfering with an inspector, security officer, or Providence VAMC employee or designated representativeUsing emergency exits other than for emergenciesMisuse of fire prevention and protection equipmentUnauthorized removal or destruction of a safety barricade, handrail, guardrail, warning sign, fall protection, or other warning devices intended to protect PVAMC’s students, faculty, employees, neighbors or property.For additional information on safety guidelines that are related to security issues, you may refer to theProvidence VAMC Police Department Safety Permits and ProceduresThe following operations may present a hazard to PVAMC employees, visitors, patients, neighbors or property. Therefore, you must obtain written approval through the Providence VAMC Project Manager before:Working on fire protection/detection systemsPenetrating any smoke/fire barrier wallPerforming burning, welding, cutting, soldering, or other hot workPerforming any work above an existing finished ceilingObstructing an exit door or any exit path within any buildingObstructing access to the hospital by emergency servicesWorking on electrical, steam, chilled water systems or other energized systemsMoving emergency equipment (fire extinguishers, first aid kits, etc.) provided by PVAMCInstalling a temporary electrical serviceWorking with hazardous chemicals (including solvents and paints)Generating hazardous wastes (including waste oil)Using powder actuated toolsUsing a gas, diesel, or LP (propane) powered engine indoorsOperating a power vehicle or self-propelled work platformExcavation/trenchingUsing radioactive sources or conducting field radiography (x-ray)Working with asbestos-containing materialsWorking on security systemsWorking with compressed air/gasesUsing a laserWorking on a fume or biological hoodWorking on a solvent storage cabinetWorking on heating, ventilation, or air conditioning equipmentWorking on a roofLifting or hoisting with cranes, derricks, hoists or helicopterPerforming blasting operationsSpecial Rules for Operations Involving Utilities:Only Providence VAMC Facilities Operations may shut down or start up operating utilities.You must notify your Project Manager, who will coordinate with Providence VAMC Facilities Operations, 48 hours in advance of the need for such shutdowns or startups.Special Rules for Lockout/Tagout of Machinery, Pipes, etc.:If you intend to service or maintain machinery that could hurt someone if it were to unexpectedly startup, you must inform the Providence VAMC Project Manager of the Lockout/Tagout procedures youintend to follow.See Section 3.3 on Lockout/Tagout generally.HousekeepingYou must maintain good housekeeping. You must keep work areas neat, clean, orderly and free of excess trash and debris and never block walkways, stairs, exits, or create a tripping hazard. Cover and/or place guardrails around open holes, trenches, or excavations into which PVAMC’s visitors, patients, or employees may fall. Poor housekeeping at a job site may lead to an increased potential for safety hazards and an increased incidence of accidents and chemical spills.1.4 Accident, Incident, Injury, or IllnessAfter notifying the appropriate emergency agency (e.g., 9-1-1), work related accidents, incidents, injuries, and illnesses must be immediately reported to the Providence VAMC Project Manager or representative. The Contractor is responsible for notifying OSHA for any incidents that are reportable to that agency.2.0 ENVIRONMENTAL ISSUES2.1 Hazardous Waste ManagementHazardous waste generated by a Contractor as part of its work must be properly identified, stored and disposed of in accordance with all applicable local, state and federal laws. The Contractor must coordinate with its Providence VAMC representative to provide a list of hazardous waste(s) to be generated during the project, and to determine the location(s) available for hazardous waste storage. The Contractor must also ensure, at a minimum, proper labeling, adequate secondary containment, segregation of incompatible materials and routine inspection of storage areas as required by law. In addition, all hazardous waste containers shall be constructed of a material that is compatible with the waste, shall be in sound condition, and shall be kept securely closed at all times in accordance with applicable regulations.Containers and/or tanks used to store hazardous wastes must be managed in accordance with applicable regulations and must be inspected daily.The Contractor is responsible for completing all disposal documents, which may include, but are not limited to, waste profiles, waste analytical samples and hazardous waste manifests. Providence VAMC shall be designated as the Generator on all documents and shall be provided with copies of all waste analyses, land disposal restriction forms and related documentation. Copies of all disposal documents shall be submitted to the Project Manager for review at least 5 days prior to shipment. The Project Manager or an EH&S representative will sign the manifests as the Generator. At the time of shipment, the Contractor shall provide the bottom three copies of the manifest to the Project Manager or the PVAMC EH&S representative for distribution to the appropriate agencies.Contractor employees must be appropriately trained in hazardous waste procedures. In the event a Contractor encounters previously unidentified material that is reasonably believed to be radioactive, volatile, corrosive, flammable, explosive, biomedical, infectious, toxic, hazardous, asbestos containing or oil-based, the Contractor shall immediately stop work in the affected area and report the condition to the Project Manager. At no time shall such material be disposed of in chutes, dumpsters, drains, pipes or any other waste container. The Contractor agrees to cooperate with the Project Manager and any consultants engaged by the Project Manager to perform services with respect to the analysis, detection, removal, containment, treatment and disposal of such regulated materials.Transport of Hazardous MaterialsAll transportation of hazardous materials while on Providence VAMC property shall be conducted in accordance with USDOT Hazardous Materials Regulations for proper packaging, marking/labeling, handling, documentation, etc. At no time should hazardous materials be transported via public or private roads at Providence VAMC in a manner that could result in an unsafe condition for personnel or the environment.Spill Prevention and ControlProvidence VAMC’s Spill Prevention Control and Countermeasures (SPCC) Program establishesMedical Center-wide procedures for the prevention and detection of spills and/or releases of oil or hazardous materials, including the following:Based on the inventory of oil and hazardous chemicals that will be brought on-site, the Contractor shall have available equipment (e.g., secondary containment pallets, absorbent pads, absorbent booms, speedi-dry) that is suitable and sufficient to control a potential spill/release.The Contractor is responsible for identifying conveyances to the environment (e.g., sumps, storm/floor drains, etc.) and adequately minimizing spill potential to these areas.The Contractor is responsible for the proper storage of all flammable and combustible chemicals that are brought and/or stored on site to complete the work of this contract. Such storage may require the use of safety containers, safety cabinets, and/or secondary containment. The Contractor shall also ensure that any incompatible chemicals are safely segregated. The Contractor is responsible for maintaining and securing all chemical containers and all chemical storage areas. This requires selecting locations and methods to minimize exposure to rainfall, surface water, and the ground surface or subsurface. Enclosures, shelters, and secondary containment should be used where appropriate.The Contractor must use appropriate protective procedures such as double containment, employee training, overflow protection, and other measures as part of activities involving the use, storage, or handling of petroleum products or hazardous materials on Providence VAMC Property.The Contractor must ensure that his/her employees are adequately trained in spill procedures outlined below. The Medical Center’s SPCC Program also establishes reporting requirements in the event of a spill or release of oil or hazardous materials. In the event of a release or spill, the Contractor must follow all of the reporting requirements of the SPCC Program as specified below:(1) The Contractor shall extinguish all sources of ignition and isolate incompatibles or reactive chemical substances.(2) The Contractor shall determine if the spill/release is incidental or non-incidental.(3) For incidental spills/releases:The Contractor shall attempt to stop or contain the spill/release at the source provided that doing so does not endanger anyone.The Contractor shall prevent discharge of materials to environmental receptors including drains, sumps, soil, etc.The Contractor shall immediately notify the Project Manager of all incidental spills/releases.The Contractor is responsible for the proper collection, storage and disposal of waste materials in compliance with EPA and R.I. DEM regulations and in cooperation with the Project Manager.(4) For non-incidental spills/release:The Contractor shall immediately report the spill/release to the Medical Center’s Environmental Health & Safety (EH&S) Department who will advise you on the need for initiating contact with spill response vendors.The Contractor shall follow the steps for incidental spill/releases identified in item (3) above, provided that it is safe to do so.PVAMC’s EH&S Department will coordinate ALL reporting to outside agencies and will conduct follow-up written notifications if necessary.The Contractor will conduct an incident analysis and coordinate with the Project Manager and the PVAMC EH&S Department on any actions that are required to prevent recurrence.If it is deemed necessary to engage a professional spill cleanup company, the PVAMC EH&SDepartment will coordinate the cleanup through the Project Manager.Pest ControlIf a Contractor or his/her employees see evidence of cockroaches, mice, ants or other pests during the course of their work, they must notify the Project Manager immediately. The Contractor shall not use any insecticide products on Medical Center property unless such activities are part of your contracted work and you are specifically trained to do so.Air EmissionsCombustion Units[Combustion units include, but are not limited to, boilers, heaters, emergency generators and kilns.]1 “Incidental” spills meet ALL of the following criteria: 1) personnel are familiar with the hazards associated with the spilled material; 2) containment/response does not pose potential health and safety hazards (e.g. fire, explosion or chemical exposure); 3) a small quantity (less than 10 gallons) of material is spilled/release which DOES NOT reach the environment or pose potential health and hazardous; and 4) spilled/release material can be readily absorbed, neutralized, or otherwise controlled at the time of release by employees in the immediate area or by maintenance personnel. “Non-incidental” spills include 1) major spills/release (e.g. greater than 10 gallons) that do not reach the environment or 2) any amount of spilled material that escapes to the environment (including drains, sumps, soil, etc.).All Contractors must immediately report the following to the Project Manager:Any maintenance or repairs to a combustion unit that could result in a change in maximum heat input value or overall emissions (e.g. burner replacement or fuel conversions)Any conditions discovered which could have resulted in an increase of air pollutant emissions.CFC Containing Units [CFC containing units include those containing any ozone depleting refrigerants including, but not limited to, Chlorofluorocarbons (CFC) and Hydrochlorofluorocarbons (HCFC).]Contractors shall immediately notify the Project Manager whenever they become aware of any unintentional or intentional release of CFCs above de-minimis levels as established by EPA regulators.Contractors shall provide the following documentation to the Project Manager:EPA certifications for any reclaimers to which CFC products evacuated from Providence VAMC systems are to be sent.Certifications for any CFC recycle/recovery equipment to be used at PVAMCTechnician CertificationsService records for all units containing greater than 50 pounds of refrigerant. Records must include the date and type of service and the type and quantity of refrigerant added.Contractors shall immediately notify and provide documentation to the Project Manager whenever:A leak rate equals or exceeds 35% per year for commercial/industrial processesA leak rate equals or exceeds 15% per year for comfort cooling processesA release occurs of >100 pounds in a 24 hour period for CFC-12, CFC-113 ad R-500.Halon Service providers shall immediately notify the Project Manager whenever it becomes aware of any unintentional or intentional release of halon. Stormwater and WastewaterStormwaterProjects that disrupt over one (1) acre of land must adhere to the EPA’s Phase II stormwater requirements.These projects are required to obtain a NPDES permit and implement best management practices. The Contractor is responsible for obtaining such permits before the start of work.WastewaterProvidence VAMC’s wastewater discharge is regulated by Narragansett Bay Commission (NBC). The discharge of any wastewater must adhere to these permit requirements. These include but are not limited to:No discharge of mercury, silver or other metal-bearing wastewaterNo discharge of highly corrosive substances (5 < pH > 10.5)No discharge of flammable materials that could create a hazard for Providence VAMC personnel these are the only references that will be noted in the policy. The Contractor must identify all wastewater streams for the Project Manager and obtain approval for drain discharge.Biological/Chemical/Radioactivity HazardsSome Providence VAMC operations involve the use of biological, chemical, or radioactive material that can be hazardous to PVAMC’s visitors, patients, or employees if not handled safely. Areas where work with biological, chemical, or radioactive materials is being performed will be marked with appropriate signs.Do not enter these areas and do not handle hazardous biological, chemical, or radioactive material unless it is part of your contracted work and you are specifically trained to do so.Asbestos Containing MaterialsProvidence VAMC will have determined, before work is begun, the presence, location, and quantity of asbestos-containing or potentially asbestos-containing materials that would be specifically impacted by the work of your contract. The Providence VAMC Project Manager will provide a specific asbestos audit report for those work areas in question. The contractor shall not disturb asbestos-containing materials unless such activities are part of your contracted work and you are specifically trained to do so. Asbestos abatement contractors should coordinate with the Project Manager and the Medical Center’s EH&S Department for specific requirements for asbestos abatement work.The Contractor shall not disturb, damage, or otherwise handle any suspect asbestos containing material. It is recommended that the following suspect materials be assumed to contain asbestos:Cement Pipes, High Temperature Gaskets, Electrical Wiring Insulation,Cement Wallboard, Lab Hoods/Benches/Gloves, Chalkboards,Cement Wallboard, Fire Blankets/Curtains/Doors, Roofing Shingles and Felt,Flooring, Backing, Elevator Equipment Panels, Base Flashing,Construction Mastics, Elevator Brake Shoes, Thermal Paper Products,Acoustical Plaster, HVAC Duct Insulation, Caulking/Putties,Decorative Plaster, Boiler Insulation Adhesives,Textured Paints/Coatings, Breeching, Insulation, Wallboard,Ceiling Tiles and Lay-in Panels, Pipe Insulation, Joint Compound,Spray-applied Insulation, Cooling Towers, Vinyl Wall Coverings,Blown-in Insulation, Electrical Cloth, Asphalt Floor Tile,Fireproofing Materials, Heating and Electrical Ducts, Vinyl Sheet Flooring,Taping Compounds, Electrical Panel Partitions, Vinyl Floor Tile,Packing Materials (wall/floor penetrations), Ductwork, Flexible Fabric, Connectors, Spackling Compounds.The Contractor shall not sweep, dust, vacuum or mop dust debris that is the product of a suspect asbestos containing material. The Contractor shall also not pick up or throw away any suspect asbestos-containing waste or trash. If it material that is suspected to be asbestos-containing is disturbed and becomes airborne, the Contractor shall immediately notify the Project Manager. If it is part of the Contractor’s work, stripping of floor finishes shall be done using low abrasion pads at speeds lower than 300 rpm and wet methods shall be used. The Contractor shall take care not to overstrip floors and shall stop stripping immediately upon removal of the old surface coat. Sanding of flooring material is strictly prohibited unless it is part of your contracted work and you are specifically trained to do so.Any suspect asbestos containing material that is observed by the Contractor to be crushed, ripped, broken or in any way damaged should be reported to the Project Manager immediately.Contractors must, within 24 hours, convey to the Providence VAMC Project Manager any information they newly discover concerning the presence, location and quantity of asbestos-containing or potentially asbestos-containing materials.Lead PaintUnless the Providence VAMC Project Manager provides a specific lead-paint inspection, Contractor’s should assume that any painted surface they come in contact with is coated with lead-based paint.Therefore, Contractor’s should not perform any intrusive, dust-generating work on painted surfaces (e.g. drilling, cutting, brazing, scraping, demolition), unless the surface has confirmed to be non-lead or unless such work is part of your contracted work and you are specifically trained to do so.Any painted surfaces that have loose, flaking, and chipping or otherwise non-intact paint should not be impacted by the Contractor and should be reported to the Project Manager immediately.Lead paint abatement contractors should coordinate with the Project Manager and the Medical Center’s EH&S Department for specific requirements for lead abatement work. Refer to the section of this manual on Hazardous Waste for guidelines on the proper disposal of lead containing paint.3.0 OSHA SAFETY ISSUES3.1 Hazardous Materials and Hazard CommunicationHazardous MaterialsDo not handle or use hazardous materials without training by your company’s representative.No solvents, paints, or similar flammable, toxic, or irritating materials may be used in areas occupied by Providence VAMC employees, visitors, or patients unless specifically approved in writing by the Providence VAMC Project Manager.Maintain adequate ventilation when paints or solvents are used.Use flammable solvents and materials with extreme caution. Store flammable paints and solvents in approved flammable liquid storage cabinets, if inside buildings. Hazard CommunicationThe Contractor shall submit an inventory of all hazardous chemicals that are brought on-site with accompanying Material Safety Data Sheets to the Project Manager. The Contractor shall also ensure that all containers that are brought on site for the storage of hazardous chemicals (e.g., gas, paint, etc.) are labeled and inspected in accordance with all applicable regulations. The Contractor shall remove all hazardous chemicals that it brings on-site when work involving a specific hazardous chemical is complete.The Contractor may request and review Material Safety Data Sheets for any chemicals that are encountered on Medical Center property during the performance of its work.3.2 Confined Space EntryBackgroundProvidence VAMC has developed and implemented a Confined Space Entry Program to protect all Medical Center employees who are required to enter confined spaces. PVAMC’s complete written program is available for review upon request to the Project Manager. This Medical Center-wide program defines a “Confined Space” and an “Enclosed Space” in accordance with 29CFR §§ 1910.146 and 1910.269, respectively. Entrance into any of these spaces by a Contractor requires adherence with all applicable regulations as well as with certain Medical Center protocols as defined further below.As part of the Confined Space Entry Program, the Medical Center performed hazard assessments, developed inventories and posted all confined and enclosed spaces at the point of entry. These postings include information on the classification of the space (e.g., “Permit Required”, “Non-permit Required”), the confined space ID number, the location, the known hazards, and the minimum personal protective equipment needed for entry. Where available the Medical Center’s experience with the confined space is also included on the signage. The Medical Center Confined Space Inventory and hazard assessment forms are available for review.RequirementsThe Contractor is responsible for developing, implementing, and maintaining his/her own Confined Space Entry Program, including provisions for emergency rescue in accordance with OSHA regulations as it applies to the work of this contract.If during the course of its work, the Contractor encounters a confined space that has not been previously identified by the Medical Center, it must immediately bring the space to the attention of the Project Manager and delay entry until Providence VAMC has examined the space.When both Medical Center personnel and Contractor personnel are working in or near confined spaces, the Contractor shall coordinate all operation with the affected Medical Center personnel before entry.Advance notification is always required. Whether you enter a confined space with a PVAMC employee or not, the Contractor’s entry attendant must always first inform the Providence VAMC Project Coordinator before you enter a confined space.The Contractor shall provide the Project Coordinator with:The exact location of the confined space and confined space ID number;The time of entry and approximate entry duration; andThe names of authorized attendants and entrants. After the entry: If you have entered a “permit-required” confined space, you must, after the entry is concluded, notify Providence VAMC Project Coordinator of (1) the permit space program you followed and (2) any hazards you confronted or created in the space.3.3 Lockout / TagoutProvidence VAMC protects its patients, visitors, employees, neighbors and property in part by complying with 29 CFR 1910.147 – Control of Hazardous Energy Sources (Lockout/Tagout). As part of PVAMC’sLockout/Tagout Program, standard locks and tags are used to control the start-up of equipment that is being serviced or maintained by its employees. At no time shall the Contractor or its employees override any locks or tags that they encounter during the performance of its work.The Contractor is responsible for developing; implementing and maintaining his/her own Lockout/TagoutProgram in accordance with OSHA regulations as it applies to the work of this contract. The Contractor shall submit a copy of its Lockout/Tagout Program to the Project Manager or Property Manager before the start of any work where 29 CFR 1910.147 is applicable. The only purpose of this submission is to ensure that, for the safety of PVAMC’s patients, visitors, employees, neighbors or property, the Contractor’s Lockout/Tagout procedures are consistent with restrictions and prohibitions of PVAMC’s Lockout/Tagout program.Providence VAMC Facilities Operations will shut down and start up utility systems.The Contractor will maintain a log of all machines and equipment that are locked out and/or tagged out during the performance of the work of this contract. This log shall identify the equipment that was worked on, the date that work was performed, and the name of the individual performing the work.The Contractor will submit this log to the Project Manager on a monthly basis when Lockout/Tagout work is being performed.3.4 General Electrical SafetyOnly qualified electricians are permitted to work on electrical systems and equipment that uses or controls electrical power.Do not operate electrical tools or equipment in wet areas or areas where potentially flammable dusts, vapors, or liquids are present, unless specifically approved for the location.Should a circuit breaker or other protective device "trip," ensure that a qualified electrician checks the circuit and equipment and corrects problems before resetting the breaker.Erect barriers and post warning signs to ensure non-authorized personnel stay clear of the work area.Report hazards (lack of protective guards or covers, damaged equipment, etc.) to the PVAMC Medical Center Project Manager immediately.Do not leave electrical boxes, switch gear, cabinets, or electrical rooms open when not directly attended. Insulate energized parts when covers have been removed or doors are ajar. Use of cardboard, plywood, or other flammable materials to cover energized circuits is prohibited.3.5 Compressed Gas CylindersCompressed gases can pose a severe hazard to PVAMC’s patients, visitors, employees, neighbors and property. Therefore, the following measures must be taken for their protection:Valve protection caps must be in place when compressed gas cylinders are transported, moved, or stored.Close cylinder valves and replace valve covers when work is complete and when cylinders are empty or moved.Secure compressed gas cylinders in an upright position in a welding cart or to a solid object (using chains, straps, or a rigid retaining bar). Secure compressed gas cylinders on an approved carrier while being transported.Keep cylinders at a safe distance or shielded from welding or cutting operations. Do not place cylinders where they can contact an electrical circuit.Keep oxygen and flammable gas regulators in proper working order and a wrench in position on the acetylene valve when in use. If not manifolded together, separate oxygen and flammable gas cylinders by 20 feet or a 5 foot high fireproof barrier.If a leak develops in a cylinder and it cannot be immediately corrected, move the cylinder to a safe location outside the building.Use only approved spark igniters to light torches.Cylinders must not be taken into or stored in confined spaces, including gang boxes and office/storage trailers.Do not store hoses and regulators in unventilated or closed containers or areas.Do not leave behind partially filled or empty cylinders. Always remove them from the site.3.6 Powder-Actuated ToolsPowder-actuated tools can pose hazards to PVAMC’s patients, visitors, employees, neighbors and property.Such tools are, therefore, not permitted in occupied Providence VAMC buildings without the approval of the PVAMC Medical Center Project Manager. In addition:Contractors who operate powder-actuated tools must be properly trained in their use and carry a valid operator's card provided by the equipment manufacturer.Each powder-actuated tool must be stored in its own locked container when not being used.A sign at least 7 inches by 10 inches with bold face type reading "POWDER-ACTUATED TOOL INUSE" must be conspicuously posted when the tool is being used.Powder-actuated tools must be left unloaded until they are actually ready to be used.Powder-actuated tools must be inspected for obstructions or defects each day before use.All Powder-actuated tool operators must have and use appropriate personal protective equipment such as hard hats, safety goggles, safety shoes and ear protectors.3.7 Welding, Cutting, and Brazing Hot Work PermitObtain a permit from the Project Manager for each separate work activity and ensure that all conditions of the permit are met at all times. The permit must be obtained from the Contract Coordinator prior to the start of any welding/cutting/brazing work. In addition, the Contractor must also maintain its own hot work permit system in accordance with OSHA regulations.Remove combustible materials from the area before beginning work.Elevate oxygen/acetylene hoses seven feet above the work area or otherwise protect them from damage.Install anti-flash back (safety/check) valves in both the oxygen/acetylene hoses at the regulator.Shield adjacent areas with welding partitions.Have a second person stand by with an approved fire extinguisher for welding and burning operations in accordance with OSHA regulations and permit requirements. This person should remain in the area for a minimum of 30 minutes after the hot work is completed to ensure the site is cold.3.8 Cranes and RiggingEach crane, rigging, or hoist brought onto Providence VAMC property must have an annual inspection performed by a certified testing agency. Before operations begin on site, documentation, including a log book, must be provided to Providence VAMC Project Manager or its designee.The operator is responsible for the proper placement of the crane in relationship to the load to be handled and the landing area so as to obtain the best rated lift capacity, and the installation and maintenance of crane swing radius protection.All operators must possess a valid R.I. hoisting license. Documentation of this license shall be provided to the Providence VAMC Project Manager. At no time shall loads be hoisted by a non-licensed operator.3.9 Miscellaneous Additional Safety Rules for the Protection of PVAMCPatients, Visitors, Employees, Neighbors and PropertyDo not perform work over the heads of people or leave tools or equipment overhead.Isolate your work area with safety markers, tape barriers, blinker lights, etc.Report unsafe acts or conditions to your supervisor.D.3 Quality Assurance Surveillance PlanContract Number: < Upon award, Government will enter contract number>Contract Description: Electrical System Testing and MaintenanceContractor’s name: TBD1. PURPOSEThis Quality Assurance Surveillance Plan (QASP) provides a systematic method to evaluate performance for the stated contract. This QASP explains the following:What will be monitored.How monitoring will take place.Who will conduct the monitoring.How monitoring efforts and results will be documented.This QASP does not detail how the contractor accomplishes the work. Rather, the QASP is created with the premise that the contractor is responsible for management and quality control actions to meet the terms of the contract. It is the Government’s responsibility to be objective, fair, and consistent in evaluating performance. This QASP is a “living document” and the Government may review and revise it on a regular basis. However, the Government shall coordinate changes with the contractor. Copies of the original QASP and revisions shall be provided to the contractor and Government officials implementing surveillance activities.2. Government Roles and Responsibilities The following personnel shall oversee and coordinate surveillance activities. a. Contracting Officer (CO) - The CO shall ensure performance of all necessary actions for effective contracting, ensure compliance with the contract terms, and shall safeguard the interests of the United States in the contractual relationship. The CO shall also assure that the contractor receives impartial, fair, and equitable treatment under this contract. The CO is ultimately responsible for the final determination of the adequacy of the contractor’s performance.Assigned CO: Stephen ClementsOrganization or Agency: Department of Veterans Affairs, VISN 1 Consolidated Contractingb. Contracting Officer’s Technical Representative (COTR) - The COTR is responsible for technical administration of the contract and shall assure proper Government surveillance of the contractor’s performance. The COTR shall keep a quality assurance file. The COTR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf. Assigned COTR: Mark Perino3. Contractor RepresentativeThe following employee(s) of the contractor shall serve as the contractor’s program manager for this contract. a. Program Manager – TBD4. Performance StandardsPerformance standards define desired services. The Government performs surveillance to determine if the contractor exceeds, meets or does not meet these standards. The Performance Requirements Summary Matrix, as provided in Attachment 1, includes performance standards. The Government shall use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL). 5. IncentivesThe Government shall use “Potential Exercise of Option Period” as an incentive. Incentives shall be based on exceeding, meeting, or not meeting performance standards. 6. Methods of QA Surveillance Various methods exist to monitor performance. The COTR shall use the surveillance methods listed below in the administration of this QASP. a. DIRECT OBSERVATION. (Can be performed periodically or through 100% surveillance.) b. PERIODIC INSPECTION. (Evaluates outcomes on a periodic basis. Inspections may be scheduled [Daily, Weekly, Monthly, Quarterly, or annually] or unscheduled, as required.)c. PERIODIC SAMPLING. (Variation of random sampling. However, sample is only taken when a problem/deficiency is suspected. Sample results are applicable only for the specific work inspected. Since sample is not entirely random, it cannot be applied to total activity performance.)d. RANDOM SAMPLING. (Designed to evaluate performance by randomly selecting and inspecting a sample of cases. 7. RatingsMetrics and methods are designed to determine if performance exceeds, meets, or does not meet a given standard and acceptable quality level. A rating scale shall be used to determine a positive, neutral, or negative outcome. The following ratings shall be used:RatingDescriptionGreenYes. Performance and technical specifications are being met at an AcceptableQuality Level (AQL).YellowYes. Performance and technical specifications are currently being met at the minimum AQL, but the following service/deliverable needs contractor attention:(The Customer must identify what component of the deliverable and/or service requires attention.)RedNo. Performance and technical specifications are not being met at AQL and the following service/deliverable needs immediate contractor resolution:(The Customer must identify what component of the deliverable and/or servicethat is below the minimum AQL.)8. DOCUMENTING PERFORMANCEThe COTR shall maintain the Quality Assurance Worksheets in contract file and submit at end of the contract period to the Contracting Officer. These worksheets shall be submitted no later than 30 days after contract expiration.9. Frequency of MeasurementThe COTR shall assess contract performance on a monthly basis using the Quality Assurance Worksheet.<After award, both the contractor’s Program Manager and the COTR shall sign this document.>_____________________________Signature – Contractor Program Manager_____________________________Signature – Contracting Officer’s Technical RepresentativePerformance MeasuresMinimum FrequencySample SizePerformance Threshold1Audit of Services performed at VAMCWRJ location on eligible beneficiariesPeriodic inspectionRandom selection of VA patients referred to contractor for treatments100%2Submission of customer inquiries/reports that include/ indicate validated patient complaints were acknowledged and resolved.100% annual submissionContractor submits summary to CO and COTR98%4Adverse events reportingPeriodic inspectionRandomized selection of contractor notification(s), 100%Performance Requirements Summary MatrixSECTION E - SOLICITATION PROVISIONSE.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2015) (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 $3,500, and offers of $3,500 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)ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:E.2 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (APR 2016) 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 (r) 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 product and service codes (PSCs) 1000-9999, except— (1) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Grades of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) PSC 9610, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 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. “Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor. “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. “Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances. “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 $3,500 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. The Offeror represents that— (i) It [ ] is, [ ] is not an inverted domestic corporation; and (ii) It [ ] is, [ ] 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 $3,500 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) (q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (1) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, The Government will not enter into a contract with any corporation that— (i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (2) The Offeror represents that— (i) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (ii) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code Reporting.) (1) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years. (2) If the Offeror has indicated “is” in paragraph (r)(1) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order): Predecessor CAGE code: ____ (or mark “Unknown”). Predecessor legal name: ____. (Do not use a “doing business as” name).(End of Provision)E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): (End of Provision)E.4 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2015) (a) Definition. As used in this provision— Commercial and Government Entity (CAGE) code means— (1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or Government entity; or (2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an NCAGE code. (b) The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently in its proposal. The CAGE code entered must be for that name and address. Enter “CAGE” before the number. The CAGE code is required prior to award. (c) CAGE codes may be obtained via— (1) Registration in the System for Award Management (SAM) at . If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Contractor and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision). (2) The DLA Contractor and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the offeror does not otherwise register in SAM, an offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at . (3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA if the foreign entity's country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus and NSPA, as well as additional information on obtaining NCAGE codes, are available at . (d) Additional guidance for establishing and maintaining CAGE codes is available at . (e) When a CAGE Code is required for the immediate owner and/or the highest-level owner by 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE Code from that entity to supply the CAGE Code to the Government. (f) Do not delay submission of the offer pending receipt of a CAGE code.(End of Provision)E.5 52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS—REPRESENTATION (DEVIATION) (FEB 2015) (a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.(End of Provision)E.6 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.7 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.8 52.217-4 EVALUATION OF OPTIONS EXERCISED AT TIME OF CONTRACT AWARD (JUN 1988) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate the total price for the basic requirement together with any option(s) exercised at the time of award.(End of Provision)E.9 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN—REPRESENTATION AND CERTIFICATIONS (OCT 2015) (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 $3,500 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.10 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: Stephen Clements stephen.clements3@ Hand-Carried Address: Department of Veterans Affairs Network Contracting Office 1 (NE) VAMC Manchester 718 Smyth Road, BST Suite 105 Manchester NH 03104 Mailing Address: Department of Veterans Affairs Network Contracting Office 1 (NE) VAMC Manchester 718 Smyth Road, BST Suite 105 Manchester NH 03104 (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.11 52.237-1 SITE VISIT (APR 1984) Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. Site visit will be held on 07/13/2016 at 11:00 AM EST. Quoters shall meet VA personnel in B-1, the main hospital 1st floor elevator lobby.(End of Provision)E.12 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (DEC 2009) (a) In an effort to achieve socioeconomic small business goals, depending on the evaluation factors included in the solicitation, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business status and their proposed use of eligible service-disabled veteran-owned small businesses and veteran-owned small businesses as subcontractors. (b) Eligible service-disabled veteran-owned offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the Service-Disabled Veteran-Owned and Veteran-owned Small Business Status evaluation factor. To receive credit, an offeror must be registered and verified in Vendor Information Pages (VIP) database. (). (c) Non-veteran offerors proposing to use service-disabled veteran-owned small businesses or veteran-owned small businesses as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be registered and verified in the VIP database ().(End of Provision)E.13 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.14 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 20420E.15 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority. A copy of the designation shall be furnished to the contractor.(End of Provision)E.16 VAAR 852.273-70 LATE OFFERS (JAN 2003) This provision replaces paragraph (f) of FAR provision 52.212-1. Offers or modifications of offers received after the time set forth in a request for quotations or request for proposals may be considered, at the discretion of the contracting officer, if determined to be in the best interest of the Government. Late bids submitted in response to an invitation for bid (IFB) will not be considered.(End of Provision)E.17 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (JAN 2003) The Government intends to evaluate proposals and award a contract without exchanges with offerors. Therefore, each initial offer should contain the offeror's best terms from a cost or price and technical standpoint. However, the Government reserves the right to conduct exchanges if later determined by the contracting officer to be necessary.(End of Provision)E.18 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Technical ability Past performance Price Technical and past performance, when combined, are more important than price. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.(End of Provision)(End of Addendum to 52.212-1) ................
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