H--Underground Fuel Tank Cleaning
Department of Veterans Affairs, Network Contracting Office 4 | Published May 3, 2016 - Deadline May 17, 2016
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 in conjunction with Part 13 of Federal Acquisition Regulation (FAR), 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. This solicitation is issued as a request for quote (RFQ). The solicitation number is VA244-16-Q-0546.
This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-87 effective April 6, 2016, and the Veterans Affairs Acquisition Regulations (VAAR). The complete text of any of the clauses and provisions may be accessed in full text at http://farsite.hill.af.mil.
This solicitation is set-aside 100% for small business concerns. The associated NAICS code is 541330 -Engineering Services, and the small business size standard is $15.0 million.
The Lebanon Veterans Affairs Medical Center, located at 1700 South Lincoln Avenue, Lebanon, PA 17042, has a requirement for a contractor to provide all labor, equipment, tools, materials, parts, supplies, quality assurance and supervision necessary to perform annual cleaning of active underground fuel tanks.
All work shall be completed in accordance with the statement of work (SOW). The SOW is included as Attachment 1 to this solicitation.
The Period of Performance is anticipated to be as follows:
Base Year: 1 year from contract award
Option Years: four 12 month option periods
Offerors are requested to quote firm-fixed-price for all of the contract line item numbers (CLIN) on the Schedule of Supplies and Services is included as Attachment 2 to this solicitation.
Service Contract Act Wage Determination No. 2005-2447, Revision No. 18, dated 12/29/2015, applies to this acquisition and will be incorporated into the resulting purchase order. A copy of the Wage Determination is included as Attachment 3 to this solicitation.
Any award resulting from this solicitation will be issued on a Standard Form 1449.
NOTE: To receive an award resulting from this solicitation, offerors MUST be registered in the System for Award Management (SAM) database IAW FAR 52.212-1(k). Registration may be done online at: www.acquisition.gov or www.sam.gov.
Vendors are advised that questions concerning this solicitation must be sent in writing to the Contracting Office at NCO 4, Lebanon, PA. Questions may be sent via email to Ms. Elizabeth Paugh at firstname.lastname@example.org No questions will be answered after Tuesday, May 12, 2016.
The following FAR and Veterans Affairs Acquisition Regulation (VAAR) apply to this acquisition:
52.212-1 Instructions to Offerors -- Commercial Items (Oct 2015) applies to this acquisition.
Addenda to 52.212-1:
Reference paragraph (c) period for acceptance of offers: delete "30 calendar days" and insert "60 calendar days" in its place.
The following paragraphs are hereby deleted from this provision: (d) product samples, (e) multiple offers, and (h) multiple awards.
Quote Submission Instructions:
Quotes shall be sent electronically via e-mail. All quotes shall include one separate copy of each of the items listed below. Submission of a quote that does not contain all items requested below may result in elimination from consideration of award. Offerors must submit each item of the quote in a separate electronic attachment clearly identified as described below. No price information shall be included in the technical or past performance section. Offerors are responsible for including sufficient details to permit a complete and accurate evaluation of each quote.
First Attachment (Volume I)
1. Completed Schedule of Supplies and Services. Completed CLIN price information in the Schedule of Supplies/Services. *Offerors must use the CLINs specified in the Schedule of Supplies/Services. It is not permissible for offerors to use offeror created CLINs or SUBCLINs.
2. Completed certifications and representations located at FAR 52.212-3, or an indication that said certifications and representations are current and located in the SAM database.
3. Signed certifications that may be included as addend to FAR 52.212-1.
4. Signed acknowledgements of amendments (SF30). Applicable only if any amendments are issued against this solicitation.
Second Attachment (Volume II)
Past Performance Record: Offerors shall provide contract data for three relevant PRIME contracts and/or relevant SUBCONTRACTS that the offeror is currently performing or has completed during the last five years. The following information shall be included:
- Contractor name
- Name of customer/agency
- Contract/Purchase Order Number
- Customer points of contact (minimum of two; provide name, telephone number, fax number and e-mail addresses)
- Length of contract
- Period of Performance (dates)
- Initial Contract Price
- Description of product/service provided (include sufficient detail to demonstrate similarities/dissimilarities to the requirements of this solicitation)
The following provisions apply and are incorporated by reference and full text:
52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
(End of Provision)
52.204-16 Commercial and Government Entity Code Reporting (Jul 2015)
52.204-17 Ownership or Control of Offeror (Nov 2014)
52.203-98 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements - Representation (DEVIATION 2015-02)
(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 any 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 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 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 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 fraud, waste, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(End of Provision)
52.204-20 Predecessor of Offeror (Apr 2016)
(a) Definitions. As used in this provision--
"Commercial and Government Entity (CAGE) code" means-
(1) An identifier assigned to entities located in the United States and its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by NATO's Support Agency (NSPA) to entities located outside the United States and its outlying areas that DLA Contractor and Government Entity (CAGE ) Branch records and maintains in the CAGE master file. This type of code is known as an NCAGE code.
"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.
"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
(b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years.
(c) If the Offeror has indicated "is" in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):
Predecessor CAGE code: ________ (or mark "Unknown").
Predecessor legal name: ______________________________.
(Do not use a "doing business as" name).
(End of provision)
52.209-5 Representation by Corporations Regarding an Unpaid Tax Liability or a Felony Conviction Under any Federal Law (MARCH 2012) (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 be 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 United States.
(2) Has a felony criminal violation under any Federal or State law within the preceding 24 months, unless the agency has considered suspension and Debarment Official has made a determination that this action is not necessary to protect the interests of the United States and Debarment Official has made a determination that this action is not necessary to protect the interests of the United States.
(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)
52.216-1 Type of Contract (April 1984)
The Government contemplates award of a Firm-Fixed-Price (FFP) contract resulting from this solicitation.
(End of Provision)
52.217-5 Evaluation of Options (Jul 1990)
Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. This includes options under FAR 52.217-8, Option to Extend Services, which applies to this solicitation. Evaluation of options under FAR 52.217-8 will be accomplished by using the prices offered for the last option period to determine the price for a 6-month option period, which will be added to the base and other option years to arrive at the total price. Evaluation of options will not obligate the Government to exercise the option(s).
(End of Provision)
52.233-2 Service of Protest (Sep 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Kurtis M. Jones, Contracting Officer
Network Contracting Organization 4
1111 East End Blvd
Wilkes-Barre, PA 18711
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
(End of Provision)
52.237-1 Site Visit (Apr 1984)
Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.
(End of Provision)
52. 252-5 Authorized Deviations in Provisions (Apr 1984)
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.
(b) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of Provision)
852.233-70 Protest Content/Alternative Dispute Resolution (JAN 2008)
(a) Any protest filed by an interested party shall:
(1) Include the name, address, fax number, and telephone number of the protester;
(2) Identify the solicitation and/or contract number;
(3) Include an original signed by the protester or the protester's representative and at least one copy;
(4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents;
(5) Specifically request a ruling of the individual upon whom the protest is served;
(6) State the form of relief requested; and
(7) Provide all information establishing the timeliness of the protest.
(b) Failure to comply with the above may result in dismissal of the protest without further consideration.
(c) Bidders/offerors and contracting officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation .
(End of Provision)
852.233-71 Alternate Protest Procedure (JAN 1998)
As an alternative to filing a protest with the contracting officer, an interested party may file a protest with the Deputy Assistant Secretary for Acquisition and Materiel Management, Acquisition Administration Team, Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420, or for solicitations issued by the Office of Construction and Facilities Management, the Director, Office of Construction and Facilities Management, 810 Vermont Avenue, NW, Washington, DC 20420. The protest will not be considered if the interested party has a protest on the same or similar issues pending with the contracting officer.
(End of Provision)
852.270-1 Representatives of Contracting Officers (Jan 2008)
The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority. A copy of the designation shall be furnished to the contractor.
(End of Provision)
52.212-2 Evaluation-Commercial Items (Oct 2014)
(a) The government intends to award a contract resulting from this solicitation to the responsible offeror whose quote conforms to the solicitation and will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
(1) PAST PERFORMANCE
Past Performance is significantly more important than, approximately equal to, or significantly less important than Price when being evaluated.
(b) Options. The government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
Addendum to FAR 52.212-2:
BASIS FOR CONTRACT AWARD: This is a competitive RFQ in which competing offerors past and present performance history will be evaluated on a basis significantly more important than price. By submission of its offer in accordance with the instructions provided in clause FAR 52.212-1, Instructions To Offerors, the offeror accedes to the terms of this model contract and all such offers shall be treated equally except for their prices and performance records. The evaluation process shall proceed as follows:
A. Initially offers shall be ranked according to price, including option prices. An offeror's proposed prices will be determined by multiplying the quantities identified in the Pricing Schedule by the unit price for each item to confirm the extended amount for each. Copies of the Pricing Schedule will be necessary in order to submit a proposal for each Option Year.
B. Using questionnaires, the contracting officer shall seek relevant performance information on (fill in based on PPT approach) based on (1) the references provided by the offeror and (2) data independently obtained from other government and commercial sources. Relevant performance includes performance of efforts involving (insert type of requirement) that are similar or greater in scope, magnitude and complexity than the effort described in this solicitation. The government reserves the right to seek information on higher priced offerors if none of the lower priced offerors receive a "Substantial Confidence" performance assessment rating. The purpose of the past performance evaluation is to allow the government to assess the offeror's ability to perform the effort described in the solicitation, based on the offeror's demonstrated present and past performance. The assessment process will result in an overall performance confidence assessment rating of Substantial Confidence, Satisfactory Confidence, Limited Confidence, No Confidence, or Unknown Confidence as defined below. Past performance regarding predecessor companies, key personnel who have relevant experience, or sub-contractors that will perform major or critical aspects of the requirement will/will not be considered as highly as past performance information for the principal offeror. Offerors with no relevant past or present performance history or the offeror's performance record is so limited that no confidence assessment rating can be reasonably assigned shall receive the rating "Unknown Confidence", meaning the rating is treated neither favorably nor unfavorably. Performance Confidence Assessment Ratings
o Substantial Confidence: Based on the offeror's performance record, the government has a high expectation that the offeror will successfully perform the required effort.
o Satisfactory Confidence: Based on the offeror's performance record, the government has an expectation that the offeror will successfully perform the required effort.
o Limited Confidence: Based on the offeror's performance record, the government has a low expectation that the offeror will successfully perform the required effort.
o No Confidence: Based on the offeror's performance record, the government has no expectation that the offeror will be able to successfully perform the required effort.
o Unknown Confidence: No performance record is identifiable or the offeror's performance record is so limited that no confidence assessment rating can be reasonably assigned.
C. In evaluating past performance, the government reserves the right to give greater consideration to information on those contracts deemed most relevant to the effort described in this solicitation.
D. If the lowest priced evaluated offer is judged to have a "Substantial Confidence" performance rating and is determined to be responsible, that offer represents the best value for the government and the evaluation process stops at this point. Award shall be made to that offeror without further consideration of any other offers.
E. If the lowest priced quote is not judged to have a "Substantial Confidence" performance assessment, the next lowest priced offeror will be evaluated and the process will continue (in order by price) until an offeror is judged to have a "Substantial Confidence" performance assessment or until all offerors are evaluated. The Contracting Officer shall then make an integrated best value award decision.
Contractors are required to include a copy of the FAR provision 52.212-3 -Offeror Representations and Certifications -Commercial Items with its proposal or may indicate completion of the representations and certifications on the internet at http://sam.gov. Failure to include the certifications along with the price proposal or complete certifications on the internet may result in elimination from consideration for award.
FAR 52.212-4 Contract Terms and Conditions - Commercial Items (MAY 2015) applies to this acquisition.
Addenda to 52.212-4:
The following clauses are incorporated by reference and full text.
52.252-2 Clauses Incorporated by Reference (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil.
52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (APR 2014)
52.204-4 Printed or Copied Double-Sided on Post Consumer Fiber Content Paper (MAY 2011)
52. 232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)
852.203-70 Commercial Advertising (JAN 2008)
52.203-99 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (FEB 2015) (DEVIATION)
(a) The Contractor shall not require employees or subcontractors 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 Resolutions 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)
52.204-18 Commercial and Government Entity Code Maintenance (Jul 2015)
(a) Definition. As used in this clause-
"Commercial and government Entity (CAGE)" means-
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or Government entity, or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as the NCAGE code.
(b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract. For contractors registered in the System for Award Management (SAM), the DLA Contractor and Government Entity (CAGE) Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those changes via update of its SAM registration. Contractors undergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with subpart 42.12. The contractor shall communicate any change to the CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract.
(c) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Contractor and Government Entity (CAGE) Branch. Requests for changes shall be provided on a DD Form 2051, Request for Assignment of a Commercial and Government Entity (CAGE) Code, to the address shown on the back of the DD Form 2051. Change requests to the CAGE master file are accepted from the entity identified by the code.
(d) Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate National Codification Bureau or NSPA to request CAGE changes. Points of contact for National Codification Bureaus and NSPA, as well as additional information on obtaining NCAGE codes, are available at http://www.dlis.dla.mil/nato/ObtainCAGE.asp.
(e) Additional guidance for maintaining CAGE codes is available at http://www.dlis.dla.mil/cage_welcome.asp.
(End of Clause)
52.217-8 -- Option to Extend Services (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.
(End of Clause)
52.217-9 -- Option to Extend the Term of the Contract (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c)The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years.
(End of Clause)
52.252-6 Authorized Deviations in Clauses (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of Clause)
852.232-72 Electronic Submission of Payment Requests (NOV 2012)
(a) Definitions. As used in this clause-
(1) Contract financing payment has the meaning given in FAR 32.001.
(2) Designated agency office has the meaning given in 5 CFR 1315.2(m).
(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, 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)
852.237-70 Contractor Responsibilities (APR 1984).
The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/ she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Pennsylvania. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.
(End of Clause)
Local Security Clause
Although no computer access is indicated in this CSC, there is a chance of inadvertent access to PII/PHI in the performance of the contract. Recommend all contractors reporting for work at the VA Medical Center completed the VA Privacy Training for Personnel without Access to VA Computer Systems or Direct Access or Use to VA Sensitive Information.
Records Management Language for Contracts
The following standard items relate to records generated in executing the contract and should be included in a typical Electronic Information Systems (EIS) procurement contract:
1. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.
2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.
3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.
4. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.
5. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.
6. The Government Agency owns the rights to all data/records produced as part of this contract.
7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.
8. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].
9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.
10. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.
Clause 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (MAR 2016) applies to this solicitation. The additional FAR clauses cited in 52.212-5 are applicable to this acquisition.
In paragraph (a) the following clauses apply:
52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553)
52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)
In paragraph (b) the following clauses apply:
52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995)
52.204-10, Reporting Executive Compensation &First Tier Subcontract Awards (Oct 2015)
52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015)
52.219-6, Notice of Total Small Business Set-Aside (Nov 2011)
52.219-8, Utilization of Small Business Concerns (Oct 2014)
52.219-14, Limitations on Subcontracting (Nov 2011)
52.219-28, Post Award Small Business Program Representation (JUL 2013)
52.222-3, Convict Labor (June 2003)
52.222-21, Prohibition of Segregated Facilities (Apr 2015).
52.222-26, Equal Opportunity (Apr 2015)
52.222-35, Equal Opportunity for Veterans (Oct 2015)
52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014)
52.222-37, Employment Reports on Veterans (Feb 2016)
52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)
52.222-50, Combating Trafficking in Persons (Mar 2015)
52.222-54, Employment Eligibility Verification (Oct 2015)
52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011)
52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008)
52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013)
Under paragraph (c) the following clauses apply:
52.222-41, Service Contract Labor Standards (May 2014)
52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014)
Employee Class Monetary Wage-Fringe Benefits
Maintenance Mechanic $22.21
52.222-43 -- Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts). (May 2014)
52.222-55, Minimum Wages Under Executive Order 13658 (MAR 2016)
All clauses under paragraph (d) and (e) apply
(End of Clause)
A site visit will be held on Tuesday, May 10, 2016, at the Lebanon VAMC. The site visit will begin at 10 AM. Please e-mail Elizabeth Paugh at email@example.com and Raymond Reibsane at firstname.lastname@example.org to register for the site visit. Registration for this site visit closes at 4PM on Monday, May 9, 2016.
Offerors responding to this announcement shall submit their quotations via email to Elizabeth Paugh at email@example.com.
All quotes must be received by TUESDAY, May 17, 2016 at 2:00 PM EST to be considered for award.