J--Service Contract for Generator Maintenance
Department of Veterans Affairs, VA Connecticut Health Care System | Published March 25, 2015 - Deadline March 31, 2015
SECTION A
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
Table of Contents
SECTION A 1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1
SECTION B - CONTINUATION OF SF 1449 BLOCKS 3
B.1 CONTRACT ADMINISTRATION DATA 3
B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011) 3
B.3 SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE (JUN 2011) 4
B.4 Price/Cost Schedule 13
Item Information 13
SECTION C - CONTRACT CLAUSES 14
C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 14
C.2 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) 14
C.3 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009) 14
C.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) 14
C.5 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984) 15
C.6 VAAR 852.211-70 SERVICE DATA MANUALS, MECHANICAL EQUIPMENT (JAN 2008) 16
C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (DEC 2014) 16
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS 21
SECTION E - SOLICITATION PROVISIONS 22
E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) 22
E.2 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN-REPRESENTATION AND CERTIFICATIONS (DEC 2012) 22
E.3 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (DEC 2009) 23
E.4 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) 23
E.5 VAAR 852.273-70 LATE OFFERS (JAN 2003) 24
E.6 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (JAN 2003) 24
E.7 52.212-2 EVALUATION-COMMERCIAL ITEMS (OCT 2014) 24
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
(continuation from Standard Form 1449, block 18A.)
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR:
b. GOVERNMENT: Contracting Officer 00241 Lorrie Baines
VA Connecticut
950 Campbell Avenue
West Haven CT 06516
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
[X] 52.232-34, Payment by Electronic Funds Transfer-Other Than System For Award Management, or
[] 52.232-36, Payment by Third Party
3. INVOICES: Invoices shall be submitted in arrears:
a. Quarterly []
b. Semi-Annually []
c. Other [x] Monthly
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.
Submitted electronically as per VAAR
Clause 852.232-72
Electronic Submission of Payment Request
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
AMENDMENT NO DATE
B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)
This solicitation includes FAR 52.219-4 Notice of Price Evaluation Preference for HubZone Small Business Concerns. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an "Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement" to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.
(End of Clause)
B.3 SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE (JUN 2011)
This solicitation includes VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, and VAAR 852.215-71, Evaluation Factor Commitments. Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an "Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement" to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor compliance with the subcontracting commitments.
(End of Clause)
STATEMENT OF WORK
For VA Connecticut Healthcare System - 689-15-2-4829-0041
Diesel Electric Generators - Preventative Maintenance Contract at the West Haven and Newington Facilities
1. SCOPE.
The intent of this Contract is for the vendor to perform scheduled preventative maintenance and as needed Emergency and non-emergent repairs to the listed Emergency Electrical Generators at both the West Haven and Newington Connecticut campuses. This Contract does not guarantee the vendor the exclusive right to make any and all repairs. The VA retains the right to obtain emergent and non-emergent from other sources.
Contractor shall maintain in good operating condition the generators listed in the contract, Schedule A / Schedule B. The equipment is located at the VA Connecticut Healthcare System 950 Campbell Ave. West Haven CT 06516 and additionally 555 Willard Ave. Newington, CT 06111. All Preventative Maintenance and Repairs will be coordinated through the COR assigned by the VA for both the West Haven and Newington Campus.
2. DESCRIPTION OF SERVICES.
2.1. COMPLIANCE. The contractor shall be fully responsible for compliance with all VA, local, state, and Federal environmental/occupational safety laws, rules and regulations. The contractor shall follow life and safety codes, and take necessary actions to avoid conditions that may be hazardous to the health and safety of hospital personnel and patients. The contractor is responsible for meeting all applicable OSHA and VA guidelines for safe working processes; example: lockout/tagout. All work for the duration of the contract shall be performed by certified trained technicians specific for that task(s) shall carry certificates of competency form Caterpillar™ Inc in order to be authorized to effect maintained and repairs to all generators listed in Attachment A and B .
2.2. WORKING HOURS. Preventive maintenance work shall be performed on weekdays, excluding Federal holidays, during the hospital's regular weekday working hours of 7:30 a.m. - 4:00 p.m. Federal holidays observed may be exchanged for contractor observed day, only on a one-for-one basis, requested by the contractor and subject to approval by the Contracting Officer.
2.3 SERVICE CALLS; NOTIFICATION AND RESPONSE TIME. The contractor must provide an emergency telephone number for purposes of accepting service calls, available 24 hours a day, 7 days a week, an answering machine is not acceptable. Facilities Management Service (FMS) will notify the contractor of equipment malfunction, the nature of the malfunction, and the availability of the equipment. The contractor shall be on-site to make repairs within Two Hours of the originating call. The contractor shall restore the equipment to full performance within 24 hours of the originating call and/or have the capability to provide a portable emergency generator of equal capacity. Charges to the VA for generator rental shall originate only upon prior approval being granted by the Contracting Officer, (CO) or their designee, an estimate of a Rental charge shall be included with the bid.
2.4. PARTS. This contract, and the applicable firm-fixed prices listed in the contract. The firm-fixed prices does include any/all required oil filters, air filters, water filters, lubricants additives, shop towels and the like. Full performance is defined as; all defective parts have been replaced with parts will be original OEM parts to meet the manufacturer's original performance specifications or latest up-grade as per the manufacturer. The contractor is responsible to have in-stock or have the ability to provide all necessary parts, components, assemblies, modules and equipment to restore any malfunctioning equipment to full performance within 24 hours of the originating call or provide a rental portable emergency generator of equal capacity to stand by until the above conditions are met. The contractor shall supply and bear the cost of all parts, lubricants, cleaning supplies and tools required for preventive maintenance and, as a result of normal wear and tear, restore equipment to full performance. NOTE: Parts, considered to be the manufacturer's recommended parts, are to be replaced in the course of a recommended preventive maintenance inspection. All parts shall meet the original manufacturer's design specification. Lubricants shall meet manufacturer's specifications and have prior VA approval for use. Contractor shall turn over to the VA all non-repairable parts. The contractor may keep all repairable components. Any reconditioned components utilized to make repairs must meet manufacturer's specifications, be noted on the service slip and have a 1 year parts and labor warranty. Use of a reconditioned part may only be used with the concurrence and approval of the Veteran's Administration. The contractor may keep all repairable components.
2.5. CONFIRMATION OF REPAIR WORK. All completed repairs must be confirmed and approved by FMS, during regular hospital working hours, 7:30 A.M. - 4:00 P.M., Monday through Friday excluding Federal Holidays. After regular working hours, weekends, and holidays, the CO may approve equipment available for use after repairs have been made. The COR will confirm and approve all after-hour emergency repairs during the next normal working day.
2.6. MAINTENANCE, INSPECTIONS, AND TESTS. Inspections will be scheduled during the timeframe of February - April and September - November of the contract year. Prior to scheduled month of service, the contractor will provide the CO / COR a schedule of the weekdays this service is to be performed, for his approval. The CO / COR shall have the authority to reschedule this service within twenty-four (24) hours of scheduled time due to emergency and/or prior weather situations. Contractor shall perform the required Preventative Maintenance Services as determined by the Manufacturers current requirements and inspect, adjust, lubricate, clean, repair and test all diesel generators and there associated equipment to ensure safe reliable service within all tolerances as required by manufacturer's specifications. All parts used shall be of the original manufacturer's design and specification or equal thereto. All malfunctioning parts shall be replaced immediately to prevent undue down time and to ensure safe operation. NOTE: Upon discovery of malfunctioning part, the CO / COR or their designee shall be immediately notified for approval of repairs.
Contractor is to conduct an Annual Facility Wide test to be scheduled during the timeframe which will occur accordingly to the VA's requirements.
West Haven VA: normally the Third Sunday of September between the hours of 7:00am - 11:00am, this date may change due to any and all needs of the VA, if changed advanced notice will be given to the Contractor. Contractor will provide (2) Technicians with separate vehicles that will stay on station the whole test for support and operation of Emergency Generators.
Newington VA: normally during the month of September between the hours of 7:00am - 11:00am on a weekend, this date may change due to any and all needs of the VA, if changed advanced notice will be given to the Contractor. Contractor will provide (2) Technicians with separate vehicles that will stay on station the whole test for support and operation of Emergency Generators.
For the contract base year, this period shall be 4 hours.
Additionally there will be testing of Generators that do not meet the required minimum 30% required load per the NFPA, these generators will be scheduled to be tested accordingly during the Month of October, this will be during the weekends at both Campuses and coordinated between the Contractor and the COR. Annual load bank testing shall include 30 minutes at 30%, 30 minutes at 50%, and 60 minutes at 75%. Testing to include load bank equipment, hookup, testing and a full report of test must be submitted to the COR within 5 days of completion of test. Any discrepancies to be noted on test report with recommendations.
2.7. PREVENTIVE MAINTENANCE SERVICE. Annual and semi-annual preventive maintenance shall be performed per manufacturer's recommendations, VA Specifications and requirements and shall meet applicable NFPA 110 standards in force, and shall include the following, but not limited to: change engine oil, change governor oil, change oil filters, clean oil strainers, and where applicable clean scavenging pump screens. Visually inspect governor for leaks, lubricate governor linkage, change oil in governor, lubricate governor synchronizing motor, clean slip rings and/or commutator, lubricate overspeed switch, check diode heat sinks, lubricate generator, inspect to ensure brushes are free, inspect all wiring, visually inspect voltage regulators, synchronizer and all relays, contactors and circuit breakers. Inspect water heaters and controls. Visually inspect cooling system for leaks, pressure test radiator cap, and check and adjust drive belts, replace water filters, visually inspect cooling tower, lubricate fan bearings, lubricate motor bearings, and adjust drive belts. Visually inspect exhaust system for leaks and drain condensation. Inspect and lubricate day tank float switch, replace fuel filters. Inspect for leaks, drain water from traps, drain day strainers, clean sediment bowl, check for water in fuel. Inspect batteries, check water level and clean terminals and posts and coat with inhibitor. Clean crankcase filters (impingement-type only), replace all dry-type air intake filters, clean all oil bath air filters and replace with clean oil. Items listed may not be applicable to each generator set, and manufacturer's recommendations shall be followed when applicable.
A) Engine -
Visual inspection of all components.
Check fan and governor belts, adjust as needed.
B) Oil System -
Change Engine oil and filters annually on all engines
Perform engine oil analysis annually, six months after the annual oil change. Submit written oil analysis
report to the VA.
Provide recycling information for all oil exchanged for record
Lubricate battery charging generator or alternator, starter and governor.
Service/change air filter per manufacturers recommended service intervals.
C) Cooling System -
Test anti-freeze/coolant solution and top off as needed to maintain manufacturer's recommendations.
Change antifreeze/coolant solution when required by manufacturer's recommendations.
Check all hoses and system components for pliability and leaks.
Check engine block heater and associated connections, both electrical, hoses and piping.
Check cooling fins, solenoids and louver operation.
Clean cooling fins by vacuum, air and pressure wash as needed.
D) Fuel System -
Check, clean and replace fuel filters per manufacturer's recommendations.
Check fuel pump and pressure.
Check fuel sediment bowl/filter, fuel pump primer, hoses and connections.
Check fuel solenoid.
Check day tank for proper operation, including electrical and mechanical pumps, secondary containment and alarms.
E) Battery -
Check condition of batteries; add water on ones as needed.
Check connections and clean terminals as required.
Check for proper voltage.
Check charging system
F) Starting System -
Check starting solenoid, started and charging rate.
G) Electrical -
Check control panel relays, wiring and terminals.
Check solid state relay and boards
Check voltage regulator.
Check output voltage and frequency.
H) Operating Checks -
Test run Generator and checks the following under load for a minimum of 30 minutes: AC Voltage, Frequency, and all instrumentation for proper operation. (Vendor will need to schedule this with the VA during the Normal Monthly Generator tests.)
Record readings on a form adaptable to the VA.
Conduct Safety tests on overspeed, low oil pressure, high water temperature and other Safeties as per manufacturer's recommendations.
J) Annual Cleaning of Equipment -
The Contractor will annually clean the Generator and associated room; this will be done using biodegradable cleaning solution, vacuuming and dusting this will include the Generator and Cabinet assemblies and Building floor areas, contractor will remove all cleaning materials and waste when complete.
K) Air Filter Walls -
Air Filter walls will be required to be changed for GB#1 and GB#2 at the West Haven Campus.
2.8. PERFORMANCE AND TESTING. Each emergency generator, after completion of maintenance, shall be operated by the contractor, witnessed by a representative of the VA, to ensure all components meet required standards as outlined in manufacturer's specifications. All components and controls shall be checked and adjusted if necessary. This testing shall include but not be limited to: testing lube oil pressure safety, overspeed safety, all pre-alarms, shutdown alarms, overcranking, low fuel alarm, adjust voltage and frequency, test delay cooldown, R.P.M., check for noises and leaks.
2.9. DOCUMENTATION OF SERVICES PERFORMED. At the conclusion of the inspection period, the contractor shall submit a report to the COR indicating the elements of the inspection performed, findings, and recommendations (if applicable). This report shall be submitted in the form of a checklist or manufacturer performance service slip, provided all requested information is supplied. All repair work shall be documented when service is completed. The repairman must indicate on his repair ticket the specific action taken, all parts replaced, hours of labor required, and travel time. The equipment serviced must be identified clearly by name and location. Upon completion of service, Engineering will sign the service ticket. After regular working hours and on weekends and holidays, the contractor shall deliver all service slips to FMS.
2.10. CLEANUP. The contractor shall be responsible for cleaning of the work area and equipment upon completion of work. All diesel engines shall be wiped free of oil and grease. The diesel room floor area shall be swept clean. All accumulated rubbish shall be removed daily. All fuel oil, lubrication, and any other material substance creating an unsafe operating area shall be removed daily. The contractor shall be responsible for the proper disposal of all hazardous materials as a result of this contract. All used oil or petroleum products shall be removed by the contractor upon completion of work and be reclaimed per DEP and EPA requirements.
2.11. SPECIAL TOOLS. The contractor shall provide all tools, testing equipment for disassembly, assembly, and adjusting, calibrating and other work as required for the performance of this contract.
2.12. OVER AND ABOVE REPAIR. Upon discovery of a malfunctioning part (other than oil filters, air filters, and water filters) the contractor shall immediately notify the CO/COR or their designee. The repair job shall not be initiated until approval is obtained from the CO. Charges for repair, labor and parts shall originate only when required and upon prior approval being granted by the VA. At the VA's option the contractor may be requested to provide a price quotation for the repair job. The VA has sole discretion to select the contractor who will provide these repair services.
2.13. CONTRACTOR EMPLOYEES. Contractors Service Technicians shall be "Factory Trained and Factory Certified" by Caterpillar™ and fully experienced in all aspects of maintenance and repair of diesel engines and generators of the type at VA Connecticut and shall have appropriate state trade licenses. Technicians will be OSHA 10 Certified; Contractor will present all required certification upon award of contract. Contractor personnel shall present a neat appearance and be easily recognized as contractor employees. Example: wearing of distinctive clothing such as uniform, badges, patches, etc.
2.14 Contractor Site Specific Safety Plan. The Contractor prior to award of contract will deliver a "Site Specific Safety Plan" for each Campus to be reviewed and approved by the VA Safety Office. This will include, but not be limited to training documentation and licensing.
2.14. ESCORT AND CHECK-IN. All contractor personnel working onsite at the VA facility shall check in and out at Engineering Offices during normal days and working hours, Monday-Friday 7:30am-4:00pm, afterhours, weekends and Holidays at the Boiler Plant. Access to work areas, and performance monitoring, will be provided by VAMC FMS shop personnel.
EVIDENCE OF COVERAGE
Before commencing work under this contract, the Contractor shall furnish to the Contracting Officer a certificate of insurance from its insurance company. The certificate of insurance shall indicating that insurance coverage outlined in the "Contractor's Responsibilities" clause and "Workmen's' Compensation" clause has been obtained, and that such coverage may not be changed or canceled unless thirty (30) days written notice is provided to the Contracting Officer.
Any and all questions must be submitted to the Contracting Officer Representative in Writing.
Robert.Palazzi@va.gov
2930932-5711 x 3817
INVENTORYOFEMMISSIONUNITSVACTWESTHAVENCAMPUS
GENERATORENGINEINFORMATION
CT-DEP# EMU-003 EMU-004 EMU-005 EMU-006 EMU-009 EMU-007 EMU-008 EMU-009 EMU-010
VAUnit# MobileUnit
#2
30
32
GB1-1
GB1-2
GB2-1
GB2-2 MobileUnit
#1 MobileUnit
#3
PMI#
Location
Bldg.16
Bldg.30
Bldg.32
Bldg.GB1
Bldg.GB1
Bldg.GB2
Bldg.GB2 MobileUnit
#1 MobileUnit
#3
AreaServed
BoilerPlant
B1,ICU's
B#1OR
area,SICU,
&MICU
B#1&
Elevators
B#1&
Elevators
B#2
B#2
Portable
Portable
Eng.Manf. BlueStar Caterpillar Caterpillar Caterpillar Caterpillar Caterpillar Caterpillar BlueStar Kohler
Eng.Mdl.
No.
TD350-1
C27
7C1299
3512
3512
3512
3512
TD350-1
150REZT
Eng.Ser.
No.
B5000-2
MJE01929
23703698
23703698
1KZ01040
24Z07327
24Z07326
B5000-1
11010437
Gen.No. SR4B
Date 2013 2010 1993 1996 1996 1996 1996 2013 2013
Fuel Diesel Diesel Diesel Diesel Diesel Diesel Diesel Diesel Diesel
Max.FuelUseRate(gal/hr)
20
56.9
70.7
70.7
70.7
70.7
kW 350 750 750 1,100 1,100 1,100 1,100 350 150
kVA
Voltage 208/480 480 480 480 480 480 480 208/480 208/480
RPM 1800 1800 1800 1800 1800 1800
BHP
TestingRun(min/month)
30
30
30
30
30
30
30
30
30
ActualAnnualFuelUse
640
790
1041
1041
1041
1041
PermitNo. NoPermitReq'dDuetoAge
P-203-40-0042
P-0056
P-0056
P-0054
P-0054
Hrs.
Permittedfor
110
110
110
110
110
110
110
110
110
AnnualLoadbankRequiredY/N
Y
Y
Y
N
N
N
N
Y
Y
GPLPE#/
203-0063-
203-0063-
203-0063-
203-0063-
203-0063-
203-0063-
203-0063-
203-0063-
203-0063-
Registration GLPE/203- GLPE/203- GLPE/203- GLPE/203- GLPE/203- GLPE/203- GLPE/203- GLPE/203- GLPE/203-
# 0063-5127 0063-5127 0063-5127 0063-5127 0063-5127 0063-5127 0063-5127 0063-5127 0063-5127
INVENTORYOFEMMISSIONUNITSVACTNEWINGTONCAMPUS
GENERATORENGINEINFORMATION
CT-DEP# EMU-005 EMU-006 EMU-008 EMU-009 EMU-010 EMU-011
VAUnit#
6A
7
9
10
11 MobileUnit
#1
PMI# 6115-0006 6115-0007
Location
Bldg.3
Bldg.3
Bldg.11
Bldg.2W
Bldg.2E MobileUnit
#1
AreaServed BoilerPlantArea B1,B3,B4
&B33 FirePumpsB1&B11
B2W
B2E
Portable
Eng.Manf.
Generacc
Cummings DetroitDiesel
Cummings
Cummings
BlueStar
Eng.Mdl.
No.
D6.7.1 KTA-1150-
GC
12U92
NT-885-G6
KTA-38G1
TD350?01
Eng.Ser.
No.
DJ2610
31117774
DB-18229
11784621
33131847
B?5000?3
Date 2011 1980 1994 1996 1997 2013
Fuel Diesel Diesel Diesel Diesel Diesel Diesel
Max.FuelUseRate(gal/hr)
13.5
25
43.5
20.4
54.9
15.8
kW 175 294 500 275 750 350
kVA 219 437.5
Voltage 120/208 120/208 120/208 277/480 277/480 277/480
RPM 1800 1800 1800 1800 1800 1800
BHP 280 394 670 435 1135 547
TestingRun(min/month)
30
30
30
30
30
30
ActualUse(min/month)
30
30
30
30
30
30
InstalledProjectNo.
627-033
91-109/116
627-032E
627-032E
EE88658
PermitNo. NoPermitReq'dDuetoAge NoPermitReq'dDuetoAge
127-0047
127-0048
127-0046
Hrs.
Permittedfor
NotRequired
NoRequired
110
110
110
Coolant
Capacity(GAL)
12.2
17
45
11
42.5
21.2
AnnualLoadbankRequiredY/N
Y
Y
Y
Y
Y
Y
B.4 Price/Cost Schedule
Item Information
ITEM NUMBER DESCRIPTION OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
1 Service Contract for Generator Maintenance at West Haven and Newington campuses, FY 2015, April 1, 2015 thru March 31, 2016 12.00 MO __________________ __________________
2 GENERATOR MAINTENANCE REPAIRS (FUEL LINES, COOLANT HOSES, T-STATS AND COOLANT) BUILDING ONE - GENERATOR #1 MODEL# CAT 3512 S/N 24Z07331 BUILDING ONE - GENERATOR #2 MODEL# CAT 3512 S/N CMJ00555 BUILDI 1.00 JB __________________ __________________
GRAND TOTAL __________________
SECTION C - CONTRACT CLAUSES
ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS
Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
The following clauses are incorporated into 52.212-4 as an addendum to this contract:
C.1 52.252-2 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://www.acquisition.gov/far/index.html
http://www.va.gov/oal/library/vaar/
(End of Clause)
FAR Number Title Date
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS DEC 2013
C.2 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)
The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor.
(End of Clause)
C.3 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009)
The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses or veteran-owned small businesses proposed as subcontractors in accordance with 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more service-disabled veteran-owned small businesses or veteran-owned small businesses for subcontract work of the same or similar value.
(End of Clause)
C.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)
(a) Definitions. As used in this clause-
(1) Contract financing payment has the meaning given in FAR 32.001.
(2) Designated agency office has the meaning given in 5 CFR 1315.2(m).
(3) Electronic form means an automated system transmitting information electronically according to the
Accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.
(4) Invoice payment has the meaning given in FAR 32.001.
(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.
(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.
(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:
(1) VA's Electronic Invoice Presentment and Payment System. (See Web site at 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.5 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)
The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Connecticut. 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)
(End of Addendum to 52.212-4)
C.6 VAAR 852.211-70 SERVICE DATA MANUALS, MECHANICAL EQUIPMENT (JAN 2008)
The contractor agrees to furnish two hard copies of a manual, handbook or brochure containing operating, installation, and maintenance instructions (including pictures or illustrations, schematics, and complete repair/test guides as necessary). Where applicable, it will include electrical data and connection diagrams for all utilities. The instructions shall also contain a complete list of all replaceable parts showing part number, name, and quantity required.
(End of Clause)
C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (DEC 2014)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)
(2) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104 (g)).
(3) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(4) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(41 U.S.C. 3509).
[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).
[] (5) [Reserved]
[] (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).
[] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).
[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).
[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
[] (10) [Reserved]
[] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).
[] (ii) Alternate I (NOV 2011) of 52.219-3.
[X] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[] (ii) Alternate I (JAN 2011) of 52.219-4.
[] (13) [Reserved]
[] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).
[] (ii) Alternate I (NOV 2011).
[] (iii) Alternate II (NOV 2011).
[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
[] (ii) Alternate I (Oct 1995) of 52.219-7.
[] (iii) Alternate II (Mar 2004) of 52.219-7.
[] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3).
[] (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2014) (15 U.S.C. 637(d)(4)).
[] (ii) Alternate I (Oct 2001) of 52.219-9.
[] (iii) Alternate II (Oct 2001) of 52.219-9.
[] (iv) Alternate III (OCT 2014) of 52.219-9.
[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).
[] (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).
[] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).
[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)).
[] (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).
[] (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).
[X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
[] (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2014) (E.O. 13126).
[X] (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
[X] (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
[X] (29) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212).
[X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).
[X] (31) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).
[] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
[] (33) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
[] (34)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[] (35)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).
[] (ii) Alternate I (JUN 2014) of 52.223-13.
[] (36)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
[] (ii) Alternate I (JUN 2014) of 52.223-14.
[] (37) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).
[] (38)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (JUN 2014) (E.O.s 13423 and 13514).
[] (ii) Alternate I (JUN 2014) of 52.223-16.
[X] (39) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)
[] (40) 52.225-1, Buy American-Supplies (MAY 2014) (41 U.S.C. chapter 83).
[] (41)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
[] (ii) Alternate I (MAY 2014) of 52.225-3.
[] (iii) Alternate II (MAY 2014) of 52.225-3.
[] (iv) Alternate III (MAY 2014) of 52.225-3.
[] (42) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[X] (43) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[] (44) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
[] (45) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
[] (46) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
[] (47) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
[] (48) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
[] (49) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332).
[X] (50) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
[] (51) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
[] (52) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
[] (53)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
[] (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[] (1) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).
[] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).
[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).
[] (7) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).
[] (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).
[] (9) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).
[] (10) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 13658).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212).
(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).
(vii) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).
(viii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(ix) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).
(x) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(xi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xiii) 52.222-54, Employment Eligibility Verification (AUG 2013).
(xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 13658).
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
Not Used
SECTION E - SOLICITATION PROVISIONS
ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS
Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:
E.1 52.252-1 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):
http://www.acquisition.gov/far/index.html
http://www.va.gov/oal/library/vaar/
(End of Provision)
E.2 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN-REPRESENTATION AND CERTIFICATIONS (DEC 2012)
(a) Definitions. As used in this provision-
"Person"-
(1) Means-
(i) A natural person;
(ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and
(iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and
(2) Does not include a government or governmental entity that is not operating as a business enterprise.
"Sensitive technology"-
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
(b) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.
(c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with 25.703-4, by submission of its offer, the offeror-
(1) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;
(2) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop certain weapons or technologies; and
(3) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,000 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)