Combine Solicitation – 56– Acoustics Ceiling Tile
Notice Type: Combine Solicitation
Posted Date:
Office Address:
Subject: 56-- Acoustics Ceiling Tile
Classification Code: 56 - Construction & building materials
Solicitation Number: VA25617Q0438
Contact:
Setaside: Service-Disabled Veteran-Owned Small BusinessService-Disabled Veteran-Owned Small Business
Place of Performance (address):
Place of Performance (zipcode): 70119
Place of Performance Country:
Description:
New Orleans VAMC
3
This is a combined synopsis/solicitation for commercial items, prepared in accordance with the format in Federal Acquisition Regulation (FAR 12.6) as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued. The brand name: Armstrong Acoustics Ceiling Tiles. Please see Salient Characteristics for the full description.
Solicitation number VA256-17-Q-0438 is issued as a Request for Quote (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-84. Offers are due no later than
This solicitation is set aside 100 % for Service Disabled Veteran Owned Small Businesses (Total SDVOSB set aside). Offers shall only be accepted from Service Disabled Veteran Owned Small Businesses (SDVOSB s). Eligible SDVOSB s must have an active profile/active registration in the Vendor Information Pages (i.e. VetBiz https://www.vip.vetbiz.gov/ to be considered for a contract award from this solicitation.
NOTE: All documentation submittal due times are Central local time (
SECTION A. SUPPLEMENTAL INFORMATION TO OFFERORS 2
SECTION B STATEMENT OF WORK/PRICE AND COST SCHEDULE/DELIVERY SCHEDULE 3-12
SECTION C CLAUSES 13
SECTION D SOLICITATION PROVISIONS 19
SECTION E EVALUATION FACTORS 31
SECTION A SUPPLEMENTAL INFORMATION TO OFFERORS
2. The Statement of Work within this solicitation is a non-negotiable document. Offers/quotes shall not include edits, revisions, additions, deletions, alterations, or track change comments to the Statement of Work.
3. NAICS code is 238340. The small business size standard is 500.
4. Composite List of Abbreviations:
CLIN = Contract Line Item Number
COR = Contracting Officer s Representative
JB = Job (i.e. on payment after completion of entire CLIN requirements)
EA = Each
IAW = in accordance with
POC = Point of contact
SE = Set
SOW = Statement of Work
FFP = Firm Fixed Price
5. Contract Type and Period of Performance:
5.1 Upon award, contract will be a Firm Fixed Price contract. The contract will consist of Contract Line Items (CLINs) for Armstrong Ceiling Tiles.
5.2 The Period of Performance is from
6. Compensation for Services Rendered:
6.1 Please include your pricing in the Price/Cost Schedule Section B. 3
6.2 Quotes shall include a total Firm Fixed Price for CLINS 0001 0008 per Section B.3, Price/Cost Schedule.
9. Invoicing Procedures:
9.1Offeror may submit monthly invoices for any completed and government accepted items on the Price/Cost Schedule. See VAAR Clause 852.232-72, Electronic Submission of Payment Requests for invoicing procedures.
10. System for Award Management (Sam) Registration/Contractor Responsibility
10.1 All Contractors are required to be actively registered in the System for Award Management (SAM). (SAM Website: www.sam.gov). Registration in SAM is a requirement to do business with the Federal Government and registration in SAM shall be maintained throughout the performance of the contract.
11. Modifications:
11.1 Contracting Officers within the networking contracting office issuing the contract, only, may issue modifications to the contract.
11.2 Distribution will be made via email. No hard copies will be distributed.
12. Please note the requirements of FAR provision 52.212-3. Prospective Contractors shall complete electronic annual representations and certifications at www.sam.gov in conjunction with required registration in the SAM database. Representations & Certifications must be completed and/or updated by the date and time offers are due.
13. Working hours are between
14. Proposal Total Firm Fixed Price:
15 Offers shall include a Total Firm Fixed Price for CLINs 0001 0008 for the items listed in this procurement.
16. Solicitation Questions
16.1. The specific requirements for this solicitation are outlined in the Statement of Work. Questions concerning this solicitation shall be submitted in writing only. (Questions will not be answered or addressed
telephonically). Questions shall be submitted via electronic mail (e-mail) to: [email protected] Questions will be accepted up to
17. Amendments to Solicitation
17.1 Amendments to this solicitation shall be posted on FedBizOpps only (Website (www.fbo.gov). It is the responsibility of the contractor to monitor any updates via www.fbo.gov for any amendments to this solicitation.
B. STATEMENT OF WORK
Statement of Work
Acoustical Ceiling Tile
Blanket Purchase Agreement
Updated:
PURPOSE
The purpose is to provide Armstrong ceiling tiles for installation at the
The Contractor shall provide all resources, storage and travel necessary to provide the
The contractor shall ensure that every task order is completely fulfilled in quantity, product, and timeliness of delivery. Each item shall carry with it the manufacturer s warranty.
The Contractor shall ensure all deliveries arrive to the
SALIENT CHARACTERISTICS
Below is a chart noting the specific ceiling tile to be purchase under this BPA. Due to color and texture matching, no substitutions outside of the materials noted here will be accepted.
CLIN
Ceiling Tile Designation
Size W x L x T (in)
Manufacturer Unit Number
Manufacturer
Acoustics (NRC and AC); Fire Rating; Light Reflectivity
Ceiling Tile Characteristics
Estimated Quantity to be ordered (ea.)
0001
AT-1
24 x 48 x 1
3257
(Optima)
Armstrong
0.95;
190;
Class A;
0.90
Anti-Mold and Mildew;
Sag resistant;
Durability in: Wash, impact, scratch, soil;
Primary energy: Below 11MJ/SF;
Recylced Content: More than 70%;
Square Tegular
Suprafine Suspension system
Color: White
480
0002
AT-2
24 x 48 x 5/8"
1777
(Dune)
Armstrong
0.5;
35 (CAC);
Class A;
0.83
Anti-Mold and Mildew;
Sag resistant;
Durability in: Scratch;
Primary energy: Below 11MJ/SF;
Recylced Content: More than 50%;
Beveled Tegular
Suprafine Suspension system
Color: White
800
0003
AT-3
24 x 48 x 5/8"
1776
(Dune)
Armstrong
0.5;
35 (CAC);
Class A;
0.83
Anti-Mold and Mildew;
Sag resistant;
Durability in: Scratch, soil;
Primary energy: Below 11MJ/SF;
Recylced Content: More than 50%;
Angled Tegular
Prelude Suspension system
Color: White
400
0004
AT-4
24 x 48 x 5/8"
1773
(Dune)
Armstrong
0.5;
35 (CAC);
Class A;
0.83
Anti-Mold and Mildew;
Sag resistant;
Durability in: Scratch;
Primary energy: Below 11MJ/SF;
Recylced Content: More than 50%;
Square Lay-in
Prelude Suspension system
Color: White
300
0005
AT-5
24 x 48 x 1"
3363
(Optima)
Armstrong
0.9;
26 (CAC)
Class A;
0.90
Anti-Mold and Mildew;
Sag resistant;
Durability in: Wash, impact, scratch, soil;
Primary energy: Below 11MJ/SF;
Recylced Content: More than 70%;
Square Lay In
Prelude
Suspension system
Color: White
600
0006
ATSP-1
24 x 48 x 3/4"
1716
(Clean Room FL)
Armstrong
0.55;
35 (CAC);
Class A;
0.79
Anti-Mold and Mildew;
Sag resistant;
Durability in: Wash, impact, scratch, soil;
Primary energy: Below 11MJ/SF;
Recylced Content: More than 70%;
Square Lay In
Color: White
Clean Room Class 5
150
0007
ATSP-1 Border Tile
24 x 48 x 5/8"
1721
(
Armstrong
N/A;
35 (CAC);
Class A;
0.79
Anti-Mold and Mildew;
Sag resistant;
Durability in: Wash, impact, scratch, soil;
Primary energy: Below 11MJ/SF;
Recylced Content: More than 70%;
Square Lay In
Clean Room (Aluminum) Suspension system
Color: White
Clean Room Class 5
150
0008
ATSP-2
24 x 48 x 1"
608 (Cerama- guard Fine Fissured-Perforated)
Armstrong
.55;
40 (CAC);
Fire Guard;
0.82
Anti-Mold and Mildew;
Sag resistant;
Durability in: Wash, scrub, soil;
Recylced Content: More than 30%;
Square Lay In
Prelued XL (Aluminum) Suspension system
Color: White
150
3.2 The contractor shall provide cut sheet and material sheet noting all characteristics of each filter prior to bid. This submission shall be completed as part of the capability determination.
3.3 At no point may the contractor substitute material of ceiling tiles outside of those that have been approved through the submittal process without submitting a change request noting the price difference between the substitution and that which was approved if the substitution is less than the original item.; specification sheet of the substitution to be reviewed and approved by
Should the contractor submit an item which costs less than that which was agreed upon, the affected line item shall be renegotiated with the government for the lesser price.
A failure of material delivery deadlines more than three times over the course of the contract shall constitute as grounds of nonconformance.
PERIOD OF PERFORMANCE
DELIVERY
Contractor shall deliver all supplies to the
Deliver materials to job in manufacturer's original sealed containers with brand name marked thereon.
Package to prevent damage or deterioration during shipment, handling, and storage.
Maintain protective covering in place and in good repair until delivery is necessary.
Any government requested delayed delivery up to 90 days after initial award delivery date, shall be at no additional cost to the Government.
The contractor shall be responsible for all offloading of materials to
5.7 Delivery
All prices to be proposed shall be F.O.B. Destination.
Location of Services to be received:
INSPECTION AND ACCEPTANCE:
The Contractor shall conduct a joint inspection with the COR or their designated representative upon delivery of supplies.
Contractor shall provide dates of completion of punch list items and replacement parts and/or short ship items from the manufacturer(s).
DELIVERABLES
Cut Sheets and Manufacturers Information
The contractor shall submit cut sheets and manufacturer s information on all filters listed in this order prior to completion of the first order. All supplies and materials must be approved by the
At no point will the contractor be permitted to request substitutions for supplies without
Each submittal shall be accompanied by the submittal coversheet noting:
The person initiating the submission
The material being submitted
Highlights of each section noting how the supply satisfies the salient characteristics of the materials required.
Shipping Manifest
The contractor shall include as part of the shipping manifest information pertaining to the exact contents of each package. The contractor shall include, at a minimum:
Package Origin
Address
Line items with item descriptions
Description
Product number
Ordering code for product
Quantity of each item requested
Quantity of each item present in the package
Quantity necessary to complete the total order
Order Date
Shipping Date
Identification of the Carrier
WARRANTY:
The contractor shall provide all manufacturers warranty with products upon delivery. Material warranty shall match the manufacturer s warranty and shall take place at the point of
SECURITY REQUIREMENTS:
GENERAL
Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as
SECURITY CLAUSE
A&A requirements do not apply'ecurity Accreditation Package is not required.
CONFIDENTIALITY AND NONDISCLOSURE
It is agreed that:
The preliminary and final deliverables and all associated working papers, application source code, and other material deemed relevant by the
The CO will be the sole authorized official to release verbally or in writing, any data, the draft deliverables, the final deliverables, or any other written or printed materials pertaining to this task order. No information shall be released by the contractor. Any request for information relating to this task order presented to the contractor shall be submitted to the CO for response.
Press releases, marketing material or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO.
SECTION
B.1 PRICE/COST SCHEDULE & ITEM INFORMATION
PRICE/COST SCHEDULE
ITEM INFORMATION
ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
0001
AT-1 24 x 48 x 1" 3257 (Optima) Armstrong Anti-Mold and Mildew; Sag resistant; Durability in: Wash, impact, scratch, soil; Primary energy: Below 11MJ/SF; Recylced Content: More than 70%;
Contract Period: Base
POP Begin:
POP End:
LOCAL STOCK NUMBER: 3257
AT-1 24 x 48 x 1" 3257 (Optima) Armstrong Anti-Mold and Mildew; Sag resistant; Durability in: Wash, impact, scratch, soil; Primary energy: Below 11MJ/SF; Recylced Content: More than 70%; Square Tegular Suprafine Suspension system Color: White
480.00
EA
__________________
__________________
0002
AT-2 24 x 48 x 5/8" 1777 (Dune) Armstrong Anti-Mold and Mildew; Sag resistant; Durability in: Scratch; Primary energy: Below 11MJ/SF; Recylced Content: More than 50%; Beveled Tegular Suprafine S
Contract Period: Base
POP Begin:
POP End:
LOCAL STOCK NUMBER: 1777
AT-2 24 x 48 x 5/8" 1777 (Dune) Armstrong Anti-Mold and Mildew; Sag resistant; Durability in: Scratch; Primary energy: Below 11MJ/SF; Recylced Content: More than 50%; Beveled Tegular Suprafine Suspension system Color: White
800.00
EA
__________________
__________________
0003
AT-3 24 x 48 x 5/8" 1776 (Dune) Armstrong Anti-Mold and Mildew; Sag resistant; Durability in: Scratch, soil; Primary energy: Below 11MJ/SF; Recylced Content: More than 50%; Angled Tegular Prelud
Contract Period: Base
POP Begin:
POP End:
LOCAL STOCK NUMBER: 1776
AT-3 24 x 48 x 5/8" 1776 (Dune) Armstrong Anti-Mold and Mildew; Sag resistant; Durability in: Scratch, soil; Primary energy: Below 11MJ/SF; Recylced Content: More than 50%; Angled Tegular Prelude Suspension system Color: White
400.00
EA
__________________
__________________
0004
AT-4 24 x 48 x 5/8" 1773 (Dune) Armstrong Anti-Mold and Mildew; Sag resistant; Durability in: Scratch; Primary energy: Below 11MJ/SF; Recylced Content: More than 50%; Square Lay-in Prelude Suspe
Contract Period: Base
POP Begin:
POP End:
LOCAL STOCK NUMBER: 1773
AT-4 24 x 48 x 5/8" 1773 (Dune) Armstrong Anti-Mold and Mildew; Sag resistant; Durability in: Scratch; Primary energy: Below 11MJ/SF; Recylced Content: More than 50%; Square Lay-in Prelude Suspension system Color: White
300.00
EA
__________________
__________________
0005
AT-5 24 x 48 x 1" 3363 (Optima) Armstrong Anti-Mold and Mildew; Sag resistant; Durability in: Wash, impact, scratch, soil; Primary energy: Below 11MJ/SF; Recylced Content: More than 70%; Square Lay in Prelude Suspension system Color: White
Contract Period: Base
POP Begin:
POP End:
LOCAL STOCK NUMBER: 3257
AT-5 24 x 48 x 1" 3363 (Optima) Armstrong Anti-Mold and Mildew; Sag resistant; Durability in: Wash, impact, scratch, soil; Primary energy: Below 11MJ/SF; Recylced Content: More than 70%; Square Lay in Prelude Suspension system Color: White
600.00
EA
__________________
__________________
0006
ATSP-1 24 x 48 x 3/4" 1716 (Clean Room FL) Armstrong Anti-Mold and Mildew; Sag resistant; Durability in: Wash, impact, scratch, soil; Primary energy: Below 11MJ/SF; Recylced Content: More than 70%;
Contract Period: Base
POP Begin:
POP End:
LOCAL STOCK NUMBER: 1716
ATSP-1 24 x 48 x 3/4" 1716 (Clean Room FL) Armstrong Anti-Mold and Mildew; Sag resistant; Durability in: Wash, impact, scratch, soil; Primary energy: Below 11MJ/SF; Recylced Content: More than 70%;
150.00
EA
__________________
__________________
0007
ATSP-1 Border Tile 24 x 48 x 5/8" 1721 (
Contract Period: Base
POP Begin:
POP End:
LOCAL STOCK NUMBER: 1721
ATSP-1 Border Tile 24 x 48 x 5/8" 1721 (
150.00
EA
__________________
__________________
0008
ATSP-2 24 x 48 x 1" 608 (Cerama- guard Fine Fissured-Perforated) Armstrong Anti-Mold and Mildew; Sag resistant; Durability in: Wash, scrub, soil; Recylced Content: More than 30%; Square Lay In
Contract Period: Base
POP Begin:
POP End:
LOCAL STOCK NUMBER: 608
ATSP-2 24 x 48 x 1" 608 (Cerama- guard Fine Fissured-Perforated) Armstrong Anti-Mold and Mildew; Sag resistant; Durability in: Wash, scrub, soil; Recylced Content: More than 30%; Square Lay In Prelued XL (Aluminum) Suspension system Color: White
150.00
EA
__________________
__________________
GRAND TOTAL
__________________
DELIVERY SCHEDULE:
CLIN
Ceiling Tile Designation
Estimated Quantity to be ordered (ea.)
Deliver By
Quantity
0001
AT-1
480
100
100
100
100
80
0002
AT-2
800
100
100
100
100
100
100
100
100
0003
AT-3
400
100
100
100
100
0004
AT-4
300
100
100
100
0005
AT-5
600
100
100
100
100
100
100
0006
ATSP-1
150
50
50
50
0007
ATSP-1 Border Tile
150
50
50
50
0008
ATSP-2
150
50
50
50
SECTION C - CONTRACT CLAUSES
ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS COMMERCIAL ITEMS
Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
The following clauses are incorporated into 52.212-4 as an addendum to this contract:
C.1 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION) (
(a) The Contractor shall not require employees or contractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.
(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.
(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.
(End of Clause)
C.2 VAAR 852.203-70 COMMERCIAL ADVERTISING (
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
(End of Clause)
C.3 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)
(a) Definition. For the
(1) Means a small business concern:
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans or eligible surviving spouses (see VAAR 802.201 Surviving Spouse definition);
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans (or eligible surviving spouses) or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran;
(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;
(iv) The business has been verified for ownership and control pursuant to 38 CFR 74 and is so listed in the Vendor Information Pages database, (https://www.vip.vetbiz.gov); and
(v) The business will comply with subcontracting limitations in 13 CFR 125.6, as applicable
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
(b) General.
(1) Offers are solicited only from verified service-disabled veteran-owned small business concerns. Offers received from concerns that are not verified service-disabled veteran-owned small business concerns shall not be considered.
(2) Any award resulting from this solicitation shall be made to a verified service-disabled veteran-owned small business concern.
(c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, the concern will comply with the limitation on subcontracting requirements in 13 CFR --125.6.
(d) A joint venture may be considered a service-disabled veteran owned small business concern if the joint venture complies with the requirements in 13 CFR 125.15, provided that any reference therein to SDVO SBC is to be construed to apply to a
(e) Any service-disabled veteran-owned small business concern (non-manufacturer) must meet the requirements in FAR 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.
(End of Clause)
C.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (
All invoices from the contractor shall be submitted electronically in accordance with VAAR 852.232-72.
http://www.acquisition.gov/far/index.html
http://www.va.gov/oal/library/vaar/
C.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://www.acquisition.gov/far/index.html
http://www.va.gov/oal/library/vaar/
(End of Clause)
FAR Number
Title
Date
52.204-18
COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE
52.232-40
PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS
C.6 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (
The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the
[Contracting officer shall list all FAR and 48
(End of Provision)
FAR Number
Title
Date
852.246-71
INSPECTION
(End of Addendum to 52.212-4)
C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS COMMERCIAL ITEMS (
(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 (
(3) 52.233-4, Applicable Law for Breach of Contract Claim (
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (
[] (2) 52.203-13,
[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (
[] (4) 52.204 10, Reporting Executive Compensation and First-Tier Subcontract Awards (
[] (5) [Reserved]
[] (6) 52.204 14, Service Contract Reporting Requirements (
[] (7) 52.204 15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (
[] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (
[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (
[] (10) [Reserved]
[] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (
[] (ii) Alternate I (
[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (
[] (ii) Alternate I (
[] (13) [Reserved]
[] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (
[] (ii) Alternate I (NOV 2011).
[] (iii) Alternate II (NOV 2011).
[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (
[] (ii) Alternate I (
[] (iii) Alternate II (
[] (16) 52.219-8, Utilization of Small Business Concerns (
[] (17)(i) 52.219-9, Small Business Subcontracting Plan (
[] (ii) Alternate I (
[] (iii) Alternate II (
[] (iv) Alternate III (
[] (v) Alternate IV (
[X] (18) 52.219-13, Notice of Set-Aside of Orders (
[] (19) 52.219-14, Limitations on Subcontracting (
[] (20) 52.219-16, Liquidated Damages Subcontracting Plan (
[X] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (
[] (22) 52.219-28, Post Award Small Business Program Rerepresentation (
[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (
[] (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 (
[X] (25) 52.222-3, Convict Labor (
[X] (26) 52.222 19, Child Labor Cooperation with Authorities and Remedies (
[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
[X] (28) 52.222 26, Equal Opportunity (
[] (29) 52.222-35, Equal Opportunity for Veterans (
[X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (
[] (31) 52.222-37, Employment Reports on Veterans (
[] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (
[X] (33)(i) 52.222-50, Combating Trafficking in Persons (
[] (ii) Alternate I (
[] (34) 52.222-54, Employment Eligibility Verification (
[] (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (
Note to paragraph (b)(35): By a court order issued on
[] (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).
[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (
[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (
[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (
[] (ii) Alternate I (
[] (40)(i) 52.223-13, Acquisition of EPEAT---Registered Imaging Equipment (
[] (ii) Alternate I (
[] (41)(i) 52.223-14, Acquisition of EPEAT---Registered Televisions (
[] (ii) Alternate I (
[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).
[] (43)(i) 52.223-16, Acquisition of EPEAT---Registered Personal Computer Products (
[] (ii) Alternate I (
[X] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (
[] (45) 52.223-20, Aerosols (
[] (46) 52.223-21, Foams (
[] (47) (i) 52.224-3, Privacy Training (
[] (ii) Alternate I (
[] (48) 52.225-1,
[X] (49)(i) 52.225-3, Buy American Free Trade Agreements Israeli Trade Act (
[X] (ii) Alternate I (
[] (iii) Alternate II (
[] (iv) Alternate III (
[] (50) 52.225 5, Trade Agreements (
[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (
[] (52) 52.225 26, Contractors Performing Private Security Functions Outside the United States (
[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (
[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (
[] (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (
[] (56) 52.232-30, Installment Payments for Commercial Items (
[] (57) 52.232-33, Payment by Electronic Funds Transfer System for Award Management (
[X] (58) 52.232-34, Payment by Electronic Funds Transfer Other than System for Award Management (
[] (59) 52.232-36, Payment by Third Party (
[] (60) 52.239-1, Privacy or Security Safeguards (
[] (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).
[] (62)(i) 52.247-64, Preference for Privately Owned
[] (ii) Alternate I (
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[] (1) 52.222-17,
[] (2) 52.222-41, Service Contract Labor Standards (
[] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (
[] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards Price Adjustment (Multiple Year and Option Contracts) (
[] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards Price Adjustment (
[] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Requirements (
[] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services Requirements (
[] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).
[] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (
[] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (
[] (11) 52.237-11, Accepting and Dispensing of
(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
(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,
(ii) 52.219-8, Utilization of Small Business Concerns (
(iii) 52.222-17,
(iv) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(v) 52.222 26, Equal Opportunity (
(vi) 52.222-35, Equal Opportunity for Veterans (
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (
(viii) 52.222-37, Employment Reports on Veterans (
(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (
(x) 52.222-41, Service Contract Labor Standards (
(xi)(A) 52.222-50, Combating Trafficking in Persons (
(B) Alternate I (
(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Requirements (
(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services Requirements (
(xiv) 52.222-54, Employment Eligibility Verification (
(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).
(xvi) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (
Note to paragraph (e)(1)(xvi): By a court order issued on
(xvii) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016)).
(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (
(xix)(A) 52.224-3, Privacy Training (
(B) Alternate I (
(xx) 52.225 26, Contractors Performing Private Security Functions Outside the United States (
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (
(xxii) 52.247-64, Preference for Privately Owned
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
SECTION D SOLICITATION PROVISIONS
ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL ITEMS
Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:
E.1 52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS REPRESENTATION (DEVIATION) (
(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(End of Provision)
E.2 52.209-5 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION)(
(a) In accordance with Division H, sections 8124 and 8125 of P.L. 112-74 and sections 738 and 739 of P.L. 112-55 none of the funds made available by either Act may be used to enter into a contract with any corporation that
(1) Has an unpaid federal tax liability, unless the agency has considered suspension or debarment of the corporation and the Suspension and Debarment Official has made a determination that this action is not necessary to protect the interests of the Government.
(2) Has a felony criminal violation under any Federal or State law within the preceding 24 months, unless the agency has considered suspension or debarment of the corporation and Suspension and Debarment Official has made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that
(1) The offeror does [ ] does not [ ] have any unpaid Federal tax liability that has been assessed and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.
(2) The offeror, its officers or agents acting on its behalf have [ ] have not [ ] been convicted of a felony criminal violation under a Federal or State law within the preceding 24 months.
(End of Provision)
FAR Number
Title
Date
52.204-16
COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING
(End of Addendum to 52.212-1)
E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS COMMERCIAL ITEMS (
http://www.acquisition.gov/far/index.html
http://www.va.gov/oal/library/vaar/
SECTION E - EVALUATION
52.212-2 EVALUATION COMMERCIAL ITEMS (
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
Lowest Price, Technically Acceptable. Technically Acceptable means meeting all salient characteristics.
(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of Provision)
Link/URL: https://www.fbo.gov/spg/VA/NOrVAMC/VAMCCO80220/VA25617Q0438/listing.html
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