Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF JULY 11, 2016 FBO #5344
DOCUMENT

65 -- Project Legacy, Sup Osmometer, P&LMS PR# 629-16-3-7224-0300, - Attachment

Notice Date

7/9/2016
 

Notice Type

Attachment
 

NAICS

334510 — Electromedical and Electrotherapeutic Apparatus Manufacturing
 

Contracting Office

Department of Veterans Affairs;Southeast Louisiana Veterans HCS;1555 Poydras Street;New Orleans LA 70112
 

ZIP Code

70112
 

Solicitation Number

VA25616Q0970
 

Response Due

7/16/2016
 

Archive Date

9/14/2016
 

Point of Contact

Department of Veterans Affairs
 

E-Mail Address

k
 

Small Business Set-Aside

Total Small Business
 

Description

Osmometer SOUTHEAST LOUISIANA VETERANS HEALTHCARE SYSTEM NEW ORLEANS, LOUISIANA 70112 This is a 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; Quotes are being requested and a written solicitation will not be issued. Solicitation number VA256-16-Q-0970 is issued as a Request for Quotes (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-82. Quotes are due on July 18, 2016, 2:00 p.m., Central Standard Time (CST). This solicitation is SET-A-SIDE to all Small Business concerns. NOTE:All documentation submittal due times are Central local time (New Orleans, Louisiana). Table of Contents SECTION A ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦..2 SUPPLEMENTAL INFORMATION4 SECTION B -8 B.1 PRICE/COST SCHEDULE12 ITEM INFORMATION12 B.2 DELIVERY SCHEDULE12 SECTION C - CONTRACT CLAUSES14 Clauses Incorporated by Reference:14 Clauses Incorporated by Full Text:14 C.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (FEB 2016)17 SUPPLEMENTAL INFORMATION 1.The purpose of this procurement is to purchase (Osmometer) for the Southeast Louisiana Veterans Healthcare System, 2400 Canal Street, New Orleans, Louisiana 70119. 2.All work shall be completed in accordance with the Statement of Work entitled Osmometer dated May 10, 2016 3.NAICS code is 334510. The small business standard is 1250. 4. Composite List of Abbreviations Used: CLIN = Contract Line Item Number COR = Contracting Officer's Representative JB = Job (i.e. on payment after completion of entire CLIN requirements) MTH = Months EA = Each IAW = in accordance with POC = Point of Contact SOO = Statement of Objectives SOW =Statement of Work 5.Contract Type and Period of Performance: 5.1Upon award, contract will be a Firm Fixed Price contract. The contract will consist of Contract Line Items (CLINs) for equipment and service plan. 5.2The anticipated date for delivery is August 16, 2016. Period of Performance Option Year 1 September 1, 2016 through August 31, 2017 Option Year 2 September 1, 2017 through August 31, 2018 6.Compensation for Services Rendered: 6.1 Quotes shall include a total Firm Fixed Price for CLINs 0001 - 0015 for equipment and service plan per Schedule B below. 7.Place of Performance: 7.1Southeast Louisiana Veterans Healthcare System, Central Energy Plant Bldg., 2400 Canal Street, New Orleans, LA 70119. 8.Inspection and Acceptance: 8.1The COR will inspect all completed services. Final acceptance will be performed by the COR by verification of the supplies delivered, installed and implemented and support services performed and certification of contractor's invoices. 9.Invoicing Procedures: 9.1Please refer to VAAR Clause 852.232-72, Electronic Submission of Payment Requests for invoicing procedures. 10. System for Award Management (Sam) Registration/Contractor Responsibility 10.1All Contractors are required to be actively registered in SAM. (Website: www.sam.gov). Registration in SAM is a requirement to do business with the Federal Government. Offerors shall have an active registration in SAM at the time their Quotes are submitted for consideration and an active registration in SAM shall be maintained throughout the performance of the contract. 11.Modifications: 11.1Contracting Officers of the office issuing the contract, only, may issue Modifications to the contract. 11.2Distribution will be made via email. No hard copies will be distributed. 12.Contractor Performance Assessment Reporting System (CPARS): 12.1Upon completion of contract performance and annually if performance is longer than 365 days, the Contracting officer will evaluate contractor performance for use in future contract award decisions. The Contractor shall be provided an opportunity to comment on the contracting officer's evaluation. If you wish to familiarize yourself with this system, you can find it at www.cpars.gov. 13.Online Representations and Certifications (ORCA): 13.1Please note the requirements of FAR provision 52.212-3. Prospective Contractors shall complete electronic annual representations and certifications atwww.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. 14.Working hours are between 07:30 am - 04:30 pm, Monday through Friday. All federal holidays excluded. Any work outside of normal working hours must be pre-approved by the CO and COR. Federal holidays are available at the Federal Holiday OPM Site. 15.Delivery Prices 15.1 All prices are to be proposed shall be F.O.B. Destination 16.Quote Total Firm Fixed Price: 16.1Quotes shall include a Total Firm Fixed Price for CLINs 0001 - 0015 for the equipment items. A breakdown of the FFP may be requested to determine price reasonableness. 17.Solicitation Questions 17.1The specific requirements for this solicitation are outlined in the Statement of Work. General questions concerning this solicitation shall be submitted via e-mail only to Sheryl Harris, sheryl.harris5@va.gov. All questions shall be submitted no later than 2 business days prior to the close date of the solicitation. 18.Amendments to Solicitation 18.1Amendments to this solicitation shall be posted on the FedBizOpps only (Website (www.fbo.gov). 19.Offer Acceptance Period 19.1The minimum offer acceptance period is 90 days. Please ensure that you allow at least the stated number of calendar days for the Government to accept your offer. The government shall acknowledge receipt of all offers submitted however the acknowledgement of a receipt of an offer shall not constitute an obligation by the government. 20.Submitting Offers 20.1Offers must arrive at the designated location by the exact time and date as specified in this solicitation. Offers will only be received by this office via e-mail sheryl.harri5@va.gov, mail (USPS, UPS, and FedEx) or by hand delivery (courier.) Transmission of offers by fax to this office is NOT ACCEPTABLE and will result in offers being rejected. 20.2Quotes (whether emailed, hand-delivered or mailed) must be received no later than the closing date and time of the solicitation. Any contractor submissions or requests for information about this RFQ after the closing date and time are late, and shall not be considered. 20.3Please carefully review the entire Request for Quote (RFQ) package including the Statement of Work, and the instructions included herein and respond with a written quote. Offerors must demonstrate their capability to satisfy the entire breadth and scope of the Statement of Work. 20.4The Hand-Delivered or Mailed Packaging shall be marked and addressed to: Quotes for Solicitation Number: VA256-16-Q-0970, DO NOT OPEN" Project Legacy, Network Contracting Office (NCO) 16 Attention: Sheryl Harris, Contract Specialist 1555 Poydras St., Suite 1895 New Orleans, LA 70112 21.Quote Expenses and Pre-Contract Costs: This solicitation does not commit the Government to pay costs incurred in preparation and submission of initial and subsequent Quotes or for other costs incurred prior to award of a formal contract. 22.Selection and Award without Discussions: It is the intent of the Government to make a contract award based upon the quotes submitted without further discussions or additional information. Therefore, quotes should be submitted based on the most favorable terms from a price and technical standpoint. There will not be an opportunity to clarify, discuss or revise quotes once submitted. 23.Acceptable Offers: One single contract will be made as a result of this solicitation. For an offer to be considered for a potential contractual award the contractor must provide all CLIN items listed in this solicitation. Contract award shall be made on an ALL OR NONE BASIS by the contracting officer. Partial offers that do not address provide, and/or Quote all CLIN items shall be deemed not technically acceptable and shall be rejected. 24.Substitute Items: If you plan to provide other than the brand name items (i.e. equivalent/brand name or equal) cited in the purchase description, provide in your response the brand name and the catalog or part number you intend to furnish and the salient characteristics for each of the equivalent/substitute/alternate item(s) that are equivalent to the brand name. You may be asked to provide documents which clearly describe the item(s) so that it/they can be evaluated by the end user. Failure to provide this information will result in your offer being rejected. SECTION B - CONTINUATION OF SF 1449 BLOCKS B.1 PRICE/COST SCHEDULE ITEM INFORMATION ITEM NUMBERDESCRIPTION OF SUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT 0001Automated digital osmometer 2.00EA____________________________________ 000230 ul MLA pipette w/D-tipper 3.00EA____________________________________ 0003Disposable osmometer cups 5,000.00EA____________________________________ 0004Evaporation Shield 2.00EA____________________________________ 0005Printer Paper 36.00EA____________________________________ 0006Printer Ribbon 36.00EA____________________________________ 0007Osmometer Assayed Control 12/pak 6.00EA____________________________________ 0008Osmometer Standard, 100 mOsm/kg H2O 12/pak 6.00EA____________________________________ 0009Osmometer Standard, 500 mOsm/kg H2O 12/pak 6.00EA____________________________________ 0010Osmometer Standard, 1500 mOsm/kg H2O 12/pak 6.00EA____________________________________ 0011Osmometer Standard, 2000 mOsm/kg H2O 12/pak 6.00EA____________________________________ 0012Hard copy and digital copy of Operator's manual 3.00EA____________________________________ 0013Hard copy and digital copy of Technical manual 3.00EA____________________________________ 0014Service and Preventative Maintenance Contract Period: Base POP Begin: 08-16-2016 POP End: 08-15-2017 2.00EA____________________________________ 0015Service and Preventative Maintenance Contract Period: Option 1 POP Begin: 08-16-2017 POP End: 08-15-2018 2.00EA____________________________________ GRAND TOTAL__________________ B.2 DELIVERY SCHEDULE ITEM NUMBERQUANTITYDELIVERY DATE 0001SHIP TO:Department of Veterans Affairs Southeast Louisiana Veterans 2400 Canal Street New Orleans, LA 70119 65352.00August 16, 2016 MARK FOR: Michael Farley 225-768-6283 michael.farley@va.gov 0002SHIP TO:Department of Veterans Affairs Southeast Louisiana Veterans 2400 Canal Street New Orleans, LA 70119 65353.00August 16, 2016 MARK FOR: Michael Farley 225-768-6283 michael.farley@va.gov 0003SHIP TO:Department of Veterans Affairs Southeast Louisiana Veterans 2400 Canal Street New Orleans, LA 70119 65355,000.00August 16, 2016 MARK FOR: Michael Farley 225-768-6283 michael.farley@va.gov 0004SHIP TO:Department of Veterans Affairs Southeast Louisiana Veterans 2400 Canal Street New Orleans, LA 70119 65352.00August 16, 2016 MARK FOR: Michael Farley 225-768-6283 michael.farley@va.gov 0005SHIP TO:Department of Veterans Affairs Southeast Louisiana Veterans 2400 Canal Street New Orleans, LA 70119 653536.00August 16, 2016 MARK FOR: Michael Farley 225-768-6283 michael.farley@va.gov 0006SHIP TO:Department of Veterans Affairs Southeast Louisiana Veterans 2400 Canal Street New Orleans, LA 70119 653536.00August 16, 2016 MARK FOR: Michael Farley 225-768-6283 michael.farley@va.gov 0007SHIP TO:Department of Veterans Affairs Southeast Louisiana Veterans 2400 Canal Street New Orleans, LA 70119 65356.00August 16, 2016 MARK FOR: Michael Farley 225-768-6283 michael.farley@va.gov 0008SHIP TO:Department of Veterans Affairs Southeast Louisiana Veterans 2400 Canal Street New Orleans, LA 70119 65356.00August 16, 2016 MARK FOR: Michael Farley 225-768-6283 michael.farley@va.gov 0009SHIP TO:Department of Veterans Affairs Southeast Louisiana Veterans 2400 Canal Street New Orleans, LA 70119 65356.00August 16, 2016 MARK FOR: Michael Farley 225-768-6283 michael.farley@va.gov 0010SHIP TO:Department of Veterans Affairs Southeast Louisiana Veterans 2400 Canal Street New Orleans, LA 70119 65356.00August 16, 2016 MARK FOR: Michael Farley 225-768-6283 michael.farley@va.gov 0011SHIP TO:Department of Veterans Affairs Southeast Louisiana Veterans 2400 Canal Street New Orleans, LA 70119 65356.00August 16, 2016 MARK FOR: Michael Farley 225-768-6283 michael.farley@va.gov 0012SHIP TO:Department of Veterans Affairs Southeast Louisiana Veterans 2400 Canal Street New Orleans, LA 70119 65353.00August 16, 2016 MARK FOR: Michael Farley 225-768-6283 michael.farley@va.gov 0013SHIP TO:Department of Veterans Affairs Southeast Louisiana Veterans 2400 Canal Street New Orleans, LA 70119 65353.00August 16, 2016 MARK FOR: Michael Farley 225-768-6283 michael.farley@va.gov 0014SHIP TO:Department of Veterans Affairs Southeast Louisiana Veterans 2400 Canal Street New Orleans, LA 70119 65352.00 MARK FOR: Michael Farley 225-768-6283 michael.farley@va.gov 0015SHIP TO:Department of Veterans Affairs Southeast Louisiana Veterans 2400 Canal Street New Orleans, LA 70119 65352.00 MARK FOR: Michael Farley 225-768-6283 michael.farley@va.gov Statement of Work Project Legacy, Pathology Osmometer Southeast Louisiana Veterans Health Care System New Orleans, LA 05/10/2016 1.PURPOSE 1.1The overall purpose is to provide Osmometers for the Chemistry Laboratory of Pathology and Laboratory Medicine Service at Southeast Louisiana Veterans Health Care System (SLVHCS), Room 4E122E, 2400 Canal St, New Orleans, LA 70119. 2.SCOPE 2.1The Contractor shall provide and transport, all listed equipment. All products must meet all salient characteristics defined in this section. 2.2All equipment must meet manufacturers and VA specifications. 2.3The Contractor shall furnish all supplies, equipment, facilities and services required for delivery of the supplies and equipment. 2.4The Contractor is responsible for any missing parts and components not included in order. 2.5SALIENT CHARACTERISTICS 2.5.1 Osmometer Specifications/Salient Characteristics: Thermoelectric cooling block Self-calibrating Holds calibration (no daily calibration) Must have a sample carousel to contain samples for the run Automatic operation, sampling system initiated by a single button operation after sample carousel is secured. Provides digital printout of results Minimum assay range: 0 to 2000 mOsm/kg H2O Small sample size, <50 µL Precision ?1000 mOsm/kg H2O ±2 mOsm/kg H2O; ?1000 mOsm/kg H2O ±1%. Training for Users and two BioMedical Staff Service Manuals Technical Manuals Base year service & 1 PM w/second option year. 2.5.2 30 µL MLA pipette, w/ D-tipper Specifications/ Salient Characteristics Must use disposable tips. Tapered pipette design for access to narrow-diameter tubes Must have de-tipping capacity. 2.5.3 Disposal Sample Cups Specifications/ Salient Characteristics Sample cup must be disposable plastic Sample cup must be designed to fit into the selected Osmometer sample reaction area 2.5.4 Evaporation Shield Specifications and Salient Characteristics Evaporation shield must be for the selected osmometer Shield must cover samples awaiting assay to prevent evaporation 2.5.5 Printer Paper Specifications and Salient Characteristics Printer paper specific for osmometer 2.5.6 Printer Ribbon Specifications and Salient Characteristics Printer Ribbon specific for osmometer 2.5.7 Osmometer Assayed Control Specifications and Salient Characteristics Osmometer assayed control, 290 mOsm/kg H2O Standards must be supplied in glass ampules of 5 mL volume 2.5.8 Osmometer Standard Specifications and Salient Characteristics Osmometer Standard, 100 mOsm/kg H2O Standards must be supplied in glass ampules of 5 mL volume 2.5.9 Osmometer Standard Specifications and Salient Characteristics Osmometer Standard, 500 mOsm/kg H2O Standards must be supplied in glass ampules of 5 mL volume 2.5.10 Osmometer Standard Specifications and Salient Characteristics Osmometer Standard, 1500 mOsm/kg H2O Standards must be supplied in glass ampules of 5 mL volume 2.5.11 Osmomolarity Standard Specifications and Salient Characteristics Osmomolarity Standard, 2000 mOsm/kg H2O Standards must be supplied in glass ampules of 5 mL volume 2.5.12 Vendor shall provide 3 complete sets of the operators manuals (hard copy and digital) 2.5.13 Vendor shall provide 2 complete sets of the Technical manuals, if available (hard copy and digital) 2.5.14 Maintenance for a period of 1 year starting 9/1/2016 through 8/31/2017 shall be purchased. 2.5.14.1 Vendor shall perform preventive maintenance on each instrument at least once per year. 2.5.14.1.1 Instrument will be shipped to vendor for service at no charge to SLVHCS for annual maintenance. 2.5.14.1.2 A detailed service report and proof of acceptable operation at the factory after maintenance shall accompany the returned instrument. 2.5.14.2 A technical hotline shall be available for troubleshooting instrument failures. Response will be no longer than one business day. 2.5.15 Additional year of maintenance from 9/1/2017 through 8/31/2018 will be available for the same cost as the initial period. 2.6DELIVERY 2.6.1DELIVERY 2.6.1.1Contractor shall deliver all equipment to the Southeast Louisiana Veterans Health Care System (SLVHCS) Chemistry laboratory, Room 4E122E, 2400 Canal St, New Orleans, LA 70119 by the Central Energy Plant loading dock on Tulane Avenue on 8/16/2016. 2.7SITE CONDITIONS 2.7.1There shall be no smoking, eating, or drinking inside the hospital at any time. 3.INSPECTION AND ACCEPTANCE: 3.1The Contractor shall conduct a joint inspection with the COR upon delivery of equipment. 3.2Contractor shall provide dates of completion of punch list items and replacement parts and/or short ship items from the manufacturer(s). 3.3The COR shall ensure all work is completed satisfactorily prior to acceptance. Disputes shall be resolved by the Contracting Officer. 4.DELIVERY/STORAGE REQUIREMENTS 4.1Deliver materials to job in manufacturer's original sealed containers with brand name marked thereon. 4.2Package to prevent damage or deterioration during shipment, handling and storage. Maintain protective covering in place and in good repair until removal is necessary. 4.3Deliver specified items only when the site is ready. 4.4Store products in dry condition inside enclosed facilities. 4.6Any government requested delayed delivery up to 90 days after initial delivery date, shall be at no additional cost to the Government. 4.7A pre-delivery meeting will be conducted 60 days prior to initial negotiated delivery date for verification of delivery dates. 4.8Delivery will be coordinated through the COR. 5.DELIVERABLES 5.1Operation and Maintenance Manuals 5.1.1Binders - Quantity (2) each for item 2.5.1 5.1.2Digital Copies- Quantity (1) each for items 2.5.1 5.2Deliver compilation of all manufacturer recommended maintenance schedule and operation materials packaged in binder(s) to COR upon completion of installation. 6.OPERATOR or BIOMED TRAINING: none available 7.PROTECTION OF PROPERTY 7.1Contractor shall protect all items from damage. The Contractor shall take precaution against damage to the building(s), grounds and furnishings. The Contractor shall repair or replace any items related to building(s) or grounds damaged accidentally or on purpose due to actions by the Contractor. 7.2The Contractor shall perform an inspection of the building(s) and grounds with the COR prior to commencing work. To insure that the Contractor shall be able to repair or replace any items, components, building(s) or grounds damaged due to negligence and/or actions taken by the Contractor. The source of all repairs beyond simple surface cleaning is the facility construction contractor (or appropriate subcontractor), so that building warranty is maintained. Concurrence from the VA Facilities Management POC and COR is required before the Contractor may perform any significant repair work. In all cases, repairs shall utilize materials of the same quality, size, texture, grade, and color to match adjacent existing work. 7.3The Contractor shall be responsible for security of the areas in which the work is being performed prior to completion. 7.4Contractor shall provide floor protection while working in all VA facilities. All material handling equipment shall have rubber wheels. 8.SECURITY REQUIREMENTS 8.1. SECURITY CLAUSE: "A&A requirements do not apply--Security Accreditation Package is not required". 3.VA INFORMATION CUSTODIAL LANGUAGE a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1). b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor's information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA's information is returned to the VA or destroyed in accordance with VA's sanitization requirements. VA reserves the right to conduct onsite inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements. c. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract. d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract. e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed. f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12. g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship. h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated. i. The contractor/subcontractor's firewall and Web services security controls, if applicable, shall meet or exceed VA's minimum requirements. VA Configuration Guidelines are available upon request. j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA's prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response. k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response. l. Bio-Medical devices and other equipment or systems containing media (hard drives, optical disks, etc.) with VA sensitive information must not be returned to the vendor at the end of lease, for trade-in, or other purposes. The options are: (1) Vendor must accept the system without the drive; (2) VA's initial medical device purchase includes a spare drive which must be installed in place of the original drive at time of turn-in; or (3) VA must reimburse the company for media at a reasonable open market replacement cost at time of purchase. (4) Due to the highly specialized and sometimes proprietary hardware and software associated with medical equipment/systems, if it is not possible for the VA to retain the hard drive, then; (a) The equipment vendor must have an existing BAA if the device being traded in has sensitive information stored on it and hard drive(s) from the system are being returned physically intact; (b) Any fixed hard drive on the device must be non-destructively sanitized to the greatest extent possible without negatively impacting system operation. Selective clearing down to patient data folder level is recommended using VA approved and validated overwriting technologies/methods/tools. Applicable media sanitization specifications need to be preapproved and described in the purchase order or contract. (c) A statement needs to be signed by the Director (System Owner) that states that the drive could not be removed and that (a) and (b) controls above are in place and completed. The ISO needs to maintain the documentation. 4. SECURITY INCIDENT INVESTIGATION a. The term "security incident" means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access. b. To the extent known by the contractor/subcontractor, the contractor/subcontractor's notice to VA shall identify the information involved, the circumstances surrounding the incident including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant. c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement. d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover. 5. LIQUIDATED DAMAGES FOR DATA BREACH a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract. However, it is the policy of VA to forgo collection of liquidated damages in the event the contractor provides payment of actual damages in an amount determined to be adequate by the agency. b. The contractor/subcontractor shall provide notice to VA of a "security incident" as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination. c. Each risk analysis shall address all relevant information concerning the data breach, including the following: (1) Nature of the event (loss, theft, unauthorized access); (2) Description of the event, including: (a) Date of occurrence; (b) Data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code; (3) Number of individuals affected or potentially affected; (4) Names of individuals or groups affected or potentially affected; (5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text; (6) Amount of time the data has been out of VA control; (7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons); VA information, obtain monetary or other (8) Known misuses of data containing sensitive personal information, if any; (9) Assessment of the potential harm to the affected individuals; (10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and (11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised. d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following: (1) Notification; (2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports; (3) Data breach analysis; (4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution; (5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and (6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs. 6. CONFIDENTIALITY AND NONDISCLOSURE It is agreed that: a. The preliminary and final deliverables and all associated working papers, application source code, and other material deemed relevant by the VA which has been generated by the contractor in the performance of this task order are the exclusive property of the U.S. Government and shall be submitted to the CO at the conclusion of the task order. b. 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. c. 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. 7. REFERENCE (S): 1. VA Affairs Handbook 6500, Risk Management Framework for VA Information Systems - Tier 3: VA Information Security Program, 10 Mar 2015. 2. Memo: VA Maintenance/Installation (Warranty) Contracts (VAIQ 7058822), 24 Mar 2011. 3. Veterans Affairs Handbook 6500.6 Contract Security, 12 Mar 2010. 4. HIPPA Privacy Rule (See 45 CRF 164, 502(a)(1) 5. Memo: Contractors Accepted from Background Investigations and Screenings, 8 Feb 2007 9.WARRANTY 9.1The contractor shall provide a one year manufacturer's warranty on all parts and labor. 9.2The warranty shall include all travel and shipping costs associated with any warranty repair. SECTION C - CONTRACT CLAUSES Clauses Incorporated by Reference: 52.212-4 -- Contract Terms and Conditions -- Commercial Items (May 2015) Clauses Incorporated by Full Text: ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS The following shall apply to this contract in addition to those terms and conditions in FAR 52.212-4. The specific paragraphs of FAR 52.212-4 are addended as shown below: (w) Paragraph added to incorporate the following: The following clauses are added: Clauses Incorporated by Reference: 52.204-13 System for Award Management Maintenance. 52.232-39 Unenforceability of Unauthorized Obligations. 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 852.203-70 Commercial Advertising (Jan 2008) 852.211-73 Brand Name or Equal (Jan 2008) 852.232-72 Electronic Submission of Payment Requests (Nov 2012) 852.246-71 Inspection (Jan 2008) 852.252-70 Solicitation Provisions or Clauses Incorporated By Reference (Jan 2008) End of Clause Addendum Clauses Incorporated by Full Text: 52.252-2 Clauses Incorporated by Reference 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): FAR: https://www.acquisition.gov/browsefar VAAR: http://www.va.gov/oal/library/vaar/ (End of Clause) 852.203-70 Commercial advertising. 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) 852.232-72 Electronic submission of payment requests. 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, e-mail, 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 http://www.fsc.va.gov/einvoice.asp.) (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 (http://www.x12.org) 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.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (FEB 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] [X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644). [] (ii) Alternate I (NOV 2011). [] (iii) Alternate II (NOV 2011). [] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). [] (ii) Alternate I (Oct 1995) of 52.219-7. [] (iii) Alternate II (Mar 2004) of 52.219-7. [] (16) 52.219-8, Utilization of Small Business Concerns (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 Representation (Jul 2013) (15 U.S.C 632(a)(2)). [] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)). [] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)). [X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). [X] (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (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). [] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). [X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627). [] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). [] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) [] (35)(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). [X] (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: [] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). [] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). [] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). [] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). [] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67). [] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67). [] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67). [] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658). [] (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) (E.O. 13658). (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) INSTRUCTIONS TO OFFERORS E.1Provisions Incorporated by Reference: 52.204-7System for Award Management (Jul 2013) 52.209-5Representation by Corporations Regarding an Unpaid Tax Liability or a Felony Conviction under Any Federal Law (deviation) (Mar 2012) 52.211-6Brand Name or Equal (Aug 1999) 52.212-1 Instructions to Offerors -- Commercial Items 52.212-3 Offeror Representations and Certifications -- Commercial Items 52.214-34Submission of Offers in the English Language (Apr 1991) 52.214-35Submission of Offers in U.S. Currency (Apr 1991) 52.215-1Instructions to Offerors-Competitive Acquisition (Jan 2004) 52.219-1Small Business Programs Representations (Oct 2014) 52.225-18Place of Manufacture (Mar 2015) 52.225-25Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications (Dec 2012) E.2Provisions Incorporated by Full Text: 52.252 - Solicitation Provisions and Contract Clauses 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): _____________________________________________________________________ http://farsite.hill.af.mil/ (End of Provision) ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (APR 2014) The following shall apply to this contract in addition to those terms and conditions in FAR 52.212-1. The specific paragraphs of FAR 52.212-1 are addended as shown below: Para (c) Acceptance period is 60 days Para (e) Multiple Offers: Offeror may only submit on offer. Para (h) Multiple Awards: Award will be based on an all or none basis to one Offeror. F.EVALUATION CRITERIA F.1FAR 52.212-2 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. EVALUATION CRITERIA Technical Acceptability. (Equivalent/Brand Name or Equal products must meet all salient characteristics to be technically acceptable). (a) Once all line items have been determined to be technically acceptable, offers shall then be evaluated based on price; however, technical acceptability is the most critical factor for evaluation of offers. (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 Provisions)
 

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