Description: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. The commercial items procedures of FAR Part 12 will be used. Solicitation# RFP VA256-15-R-1000. This solicitation is issued as request for proposal (RFP).
Solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-83 (effective 07/02/15)
This is a Total Small Business Set Aside.
NAICS code is 238210, size standard is $15 MILLION.
Place of Performance: Michael E. DeBakey VA Medical Center
2002 Holcombe BLVD
Houston, TX 77030
All questions pertaining to this solicitation shall be submitted by 2:00pm CST August 12, 2015. Send all questions electronically to Darnell.Rias@va.gov
Only electronic offers will be accepted. Offers shall be submitted to Darnell.Rias@va.gov NO LATER THAN August 24, 2015 2:00p.m. CST.
POC: Darnell Rias. Contract Specialist Phone: 713-794-7420
SCOPE OF WORK
CONTRACTOR SCOPE OF WORK
MICHAEL E. DEBAKEY VA MEDICAL CENTER
Project Number: 580-15-4-5063-2473
Project Title: Provide New 120-208volt for Steam Table
I. Scope of Work
Provide new 120-208volt, 1 phase, 60 amp 4 wire electrical circuit for steam table in Canteen. Contractor shall provide oversized electrical conduit and boxes as specified in the scope of work.
Place of Performance: Michael E. DeBakey VA Medical Center (MEDVAMC) in Building 100 Room 1A66.
Scope of Work:
" Contractor shall provide a turnkey project to provide electrical power to the new steam table in Canteen area and include all labor and materials and supervision:
1. Provide and install 60 amp 250 volt 2 pole 4 wire non-fused safety disconnect within 3 ft of steam table.
2. Provide and install one Square-D, 120-208 volt, 60 amp, 2 pole, I line breaker .
3. Provide and install (2) 24x24x6 in. junction box with covers.
4. Provide and install (1) 4x4 in. electrical cut-in box with cover, (1)120-208 volt 60 amp twist lock receptacle. Contractor shall also provide and install (1) 8/4 SOO or SJO cable and connect to steam table. Contractor shall provide 120-208 volt, 60 amp, twist-lock plug and connect to other end of SOO or SJO cable.
5. Provide and install approximately 300 ft. of 2in. electrical metallic tubing (EMT) conduit, couplings, straps, and supports to accommodate new circuit.
6. Provide and install approximately 1000 ft. #6 AWG THHN wire
7. Provide and install approximate 300 ft. #8 THHN
8. Electrical piping shall be installed through interstitial and penetrate ceiling to drop into wall of kitchen area. Contractor shall sleeve and fire-caulk all penetrations through floors, walls and ceiling.
9. Electrical circuit shall originate from first floor Mechanical Rm Area G, panel-board 106 NLC.
10. All work must be completed by a licensed electrical Journeyman with 30 hour OSHA training.
11. All work in interstitial can be down during normal work hours, electrical feed in canteen area must be done after normal work hours of operation of canteen services.
12. All work shall be completed in accordance with National Electrical Codes (NFPA 70), Standards for Electrical Safety in the Workplace (NFPE 70E), VA Master Specifications (Section 26 05 11) and MEDVAMC Electrical Safety Policy and Procedures.
VA MASTER Specifications, SECTION 26 05 11, REQUIREMENTS FOR ELECTRICAL INSTALLATIONS
PART 1 GENERAL
" This section applies to all sections of Division 26.
" Furnish and install electrical wiring, systems, equipment and accessories in accordance with the specifications and drawings. Capacities and ratings of motors, transformers, cable, switchboards, switchgear, panel-boards, motor control centers, generators, automatic transfer switches, and other items and arrangements for the specified items are shown on drawings.
" Electrical service entrance equipment and arrangements for temporary and permanent connections to the utility's system shall conform to the utility's requirements. Coordinate fuses, circuit breakers and relays with the utility's system, and obtain utility approval for sizes and settings of these devices.
" Wiring ampacities specified or shown on the drawings are based on copper conductors, with the conduit and raceways accordingly sized. Aluminum conductors are prohibited.
2. MINIMUM REQUIREMENTS
" References to the International Building Code (IBC), National Electrical Code (NEC), Underwriters Laboratories, Inc. (UL) and National Fire Protection Association (NFPA) are minimum installation requirement standards.
" Drawings and other specification sections shall govern in those instances where requirements are greater than those specified in the above standards.
3. TEST STANDARDS
" All materials and equipment shall be listed, labeled or certified by a nationally recognized testing laboratory to meet Underwriters Laboratories, Inc., standards where test standards have been established. Equipment and materials which are not covered by UL Standards will be accepted provided equipment and material is listed, labeled, certified or otherwise determined to meet safety requirements of a nationally recognized testing laboratory. Equipment of a class which no nationally recognized testing laboratory accepts, certifies, lists, labels, or determines to be safe, will be considered if inspected or tested in accordance with national industrial standards, such as NEMA, or ANSI. Evidence of compliance shall include certified test reports and definitive shop drawings.
" Listed; Equipment, materials, or services included in a list published by an organization that is acceptable to the authority having jurisdiction and concerned with evaluation of products or services, that maintains periodic inspection of production or listed equipment or materials or periodic evaluation of services, and whose listing states that the equipment, material, or services either meets appropriate designated standards or has been tested and found suitable for a specified purpose.
" Labeled; Equipment or materials to which has been attached a label, symbol, or other identifying mark of an organization that is acceptable to the authority having jurisdiction and concerned with product evaluation, that maintains periodic inspection of production of labeled equipment or materials, and by whose labeling the manufacturer indicates compliance with appropriate standards or performance in a specified manner.
" Certified; equipment or product which:
" Has been tested and found by a nationally recognized testing laboratory to meet nationally recognized standards or to be safe for use in a specified manner.
" Production of equipment or product is periodically inspected by a nationally recognized testing laboratory.
" Bears a label, tag, or other record of certification.
" Nationally recognized testing laboratory; laboratory which is approved, in accordance with OSHA regulations, by the Secretary of Labor.
5. QUALIFICATIONS (PRODUCTS AND SERVICES)
" Manufacturers Qualifications: The manufacturer shall regularly and presently produce, as one of the manufacturer's principal products, the equipment and material specified for this project, and shall have manufactured the item for at least three years.
" Product Qualification:
" Manufacturer's product shall have been in satisfactory operation, on three installations of similar size and type as this project, for approximately three years.
" The Government reserves the right to require the Contractor to submit a list of installations where the products have been in operation before approval.
" Service Qualifications: There shall be a permanent service organization maintained or trained by the manufacturer which will render satisfactory service to this installation within four hours of receipt of notification that service is needed. Submit name and address of service organizations.
6. APPLICABLE PUBLICATIONS
" Applicable publications listed in all Sections of Division are the latest issue, unless otherwise noted.
7. MANUFACTURED PRODUCTS
" Materials and equipment furnished shall be of current production by manufacturers regularly engaged in the manufacture of such items, for which replacement parts shall be available.
" When more than one unit of the same class or type of equipment is required, such units shall be the product of a single manufacturer.
" Equipment Assemblies and Components:
" Components of an assembled unit need not be products of the same manufacturer.
" Manufacturers of equipment assemblies, which include components made by others, shall assume complete responsibility for the final assembled unit.
" Components shall be compatible with each other and with the total assembly for the intended service.
" Constituent parts which are similar shall be the product of a single manufacturer.
" Factory wiring shall be identified on the equipment being furnished and on all wiring diagrams.
" When Factory Testing Is Specified:
" The Government shall have the option of witnessing factory tests. The contractor shall notify the VA through the Resident Engineer a minimum of 15 working days prior to the manufacturers making the factory tests.
" Four copies of certified test reports containing all test data shall be furnished to the Resident Engineer prior to final inspection and not more than 90 days after completion of the tests.
" When equipment fails to meet factory test and re-inspection is required, the contractor shall be liable for all additional expenses, including expenses of the Government.
8. EQUIPMENT REQUIREMENTS
" Where variations from the contract requirements are requested in accordance with Section 00 72 00, GENERAL CONDITIONS.
9. EQUIPMENT PROTECTION
" Equipment and materials shall be protected during shipment and storage against physical damage, vermin, dirt, corrosive substances, fumes, moisture, cold and rain.
" Store equipment indoors in clean dry space with uniform temperature to prevent condensation. Equipment shall include but not be limited to switchgear, switchboards, panelboards, transformers, motor control centers, motor controllers, uninterruptible power systems, enclosures, controllers, circuit protective devices, cables, wire, light fixtures, electronic equipment, and accessories.
" During installation, equipment shall be protected against entry of foreign matter; and be vacuum-cleaned both inside and outside before testing and operating. Compressed air shall not be used to clean equipment. Remove loose packing and flammable materials from inside equipment.
" Damaged equipment shall be, as determined by the Resident Engineer, placed in first class operating condition or be returned to the source of supply for repair or replacement.
" Painted surfaces shall be protected with factory installed removable heavy kraft paper, sheet vinyl or equal.
" Damaged paint on equipment and materials shall be refinished with the same quality of paint and workmanship as used by the manufacturer so repaired areas are not obvious.
10. WORK PERFORMANCE
" All electrical work must comply with the requirements of NFPA 70 (NEC), NFPA 70B, NFPA 70E, OSHA Part 1910 subpart J, OSHA Part 1910 subpart S and OSHA Part 1910 subpart K in addition to other references required by contract.
" Job site safety and worker safety is the responsibility of the contractor.
" Electrical work shall be accomplished with all affected circuits or equipment de-energized. When an electrical outage cannot be accomplished in this manner for the required work, the following requirements are mandatory:
" Electricians must use full protective equipment (i.e., certified and tested insulating material to cover exposed energized electrical components, certified and tested insulated tools, etc.) while working on energized systems in accordance with NFPA 70E.
" Electricians must wear personal protective equipment while working on energized systems in accordance with NFPA 70E.
" Before initiating any work, a job specific work plan must be developed by the contractor with a peer review conducted and documented by the Resident Engineer and Medical Center staff. The work plan must include procedures to be used on and near the live electrical equipment, barriers to be installed, safety equipment to be used and exit pathways.
" Work on energized circuits or equipment cannot begin until prior written approval is obtained from the Resident Engineer.
" For work on existing stations, arrange, phase and perform work to assure electrical service for other buildings at all times. Refer to Article OPERATIONS AND STORAGE AREAS under Section 01 00 00, GENERAL REQUIREMENTS.
" New work shall be installed and connected to existing work neatly, safely and professionally. Disturbed or damaged work shall be replaced or repaired to its prior conditions, as required by Section 01 00 00, GENERAL REQUIREMENTS.
" Coordinate location of equipment and conduit with other trades to minimize interferences.
11. EQUIPMENT INSTALLATION AND REQUIREMENTS
" Equipment location shall be as close as practical to locations shown on the drawings.
" Working spaces shall not be less than specified in the NEC for all voltages specified.
" Inaccessible Equipment:
" Where the Government determines that the Contractor has installed equipment not conveniently accessible for operation and maintenance, the equipment shall be removed and reinstalled as directed at no additional cost to the Government.
" "Conveniently accessible" is defined as being capable of being reached quickly for operation, maintenance, or inspections without the use of ladders, or without climbing or crawling under or over obstacles such as, but not limited to, motors, pumps, belt guards, transformers, piping, ductwork, conduit and raceways.
12. EQUIPMENT IDENTIFICATION
" In addition to the requirements of the NEC, install an identification sign which clearly indicates information required for use and maintenance of items such as switchboards and switchgear, panelboards, cabinets, motor controllers (starters), fused and unfused safety switches, automatic transfer switches, separately enclosed circuit breakers, individual breakers and controllers in switchboards, switchgear and motor control assemblies, control devices and other significant equipment.
" Nameplates for Normal Power System equipment shall be laminated black phenolic resin with a white core with engraved lettering. Nameplates for Essential Electrical System (EES) equipment, as defined in the NEC, shall be laminated red phenolic resin with a white core with engraved lettering. Lettering shall be a minimum of 1/2 inch [12mm] high. Nameplates shall indicate equipment designation, rated bus amperage, voltage, number of phases, number of wires, and type of EES power branch as applicable. Secure nameplates with screws.
" Install adhesive arc flash warning labels on all equipment as required by NFPA 70E. Label shall indicate the arc hazard boundary (inches), working distance (inches), arc flash incident energy at the working distance (calories/cm2), required PPE category and description including the glove rating, voltage rating of the equipment, limited approach distance (inches), restricted approach distance (inches), prohibited approach distance (inches), equipment/bus name, date prepared, and manufacturer name and address.
" The Government's approval shall be obtained for all equipment and material before delivery to the job site. Delivery, storage or installation of equipment or material which has not had prior approval will not be permitted at the job site.
" All submittals shall include adequate descriptive literature, catalog cuts, shop drawings and other data necessary for the Government to ascertain that the proposed equipment and materials comply with specification requirements. Catalog cuts submitted for approval shall be legible and clearly identify equipment being submitted.
" Maintenance and Operation Manuals: Submit as required for systems and equipment specified in the technical sections. Furnish four copies, bound in hardback binders, (manufacturer's standard binders) or an approved equivalent. Furnish one complete manual as specified in the technical section but in no case later than prior to performance of systems or equipment test, and furnish the remaining manuals prior to contract completion.
" Inscribe the following identification on the cover: the words "MAINTENANCE AND OPERATION MANUAL," the name and location of the system, equipment, building, name of Contractor, and contract number. Include in the manual the names, addresses, and telephone numbers of each subcontractor installing the system or equipment and the local representatives for the system or equipment.
" Provide a "Table of Contents" and assemble the manual to conform to the table of contents, with tab sheets placed before instructions covering the subject. The instructions shall be legible and easily read, with large sheets of drawings folded in.
The manuals shall include:
" Internal and interconnecting wiring and control diagrams with data to explain detailed operation and control of the equipment.
" A control sequence describing start-up, operation, and shutdown.
" Description of the function of each principal item of equipment.
" Installation instructions.
" Safety precautions for operation and maintenance.
" Diagrams and illustrations.
" Periodic maintenance and testing procedures and frequencies, including replacement parts numbers and replacement frequencies.
" Performance data.
" Pictorial "exploded" parts list with part numbers. Emphasis shall be placed on the use of special tools and instruments. The list shall indicate sources of supply, recommended spare parts, and name of servicing organization.
" List of factory approved or qualified permanent servicing organizations for equipment repair and periodic testing and maintenance, including addresses and factory certification qualifications.
" Approvals will be based on complete submission of manuals together with shop drawings.
" After approval and prior to installation, furnish the Resident Engineer with one sample of each of the following:
" A 300 mm (12 inch) length of each type and size of wire and cable along with the tag from the coils of reels from which the samples were taken.
" Each type of conduit coupling, bushing and termination fitting.
" Conduit hangers, clamps and supports.
" Duct sealing compound.
" Each type of receptacle, toggle switch, occupancy sensor, outlet box, manual motor starter, device wall plate, engraved nameplate, wire and cable splicing and terminating material, and branch circuit single pole molded case circuit breaker.
14. SINGULAR NUMBER
" Where any device or part of equipment is referred to in these specifications in the singular number (e.g., "the switch"), this reference shall be deemed to apply to as many such devices as are required to complete the installation as shown on the drawings.
15. ACCEPTANCE CHECKS AND TESTS
" The contractor shall furnish the instruments, materials and labor for field tests.
" Training shall be provided in accordance with Article 1.25, INSTRUCTIONS, of Section 01 00 00, GENERAL REQUIREMENTS.
" Training shall be provided for the particular equipment or system as required in each associated specification.
" A training schedule shall be developed and submitted by the contractor and approved by the Resident Engineer at least 30 days prior to the planned training.
17. INVOICING AND PAYMENTS
" All invoices shall be submitted in arrears, properly prepared in accordance with FAR 52.212-4, contain sufficient details, and match with the service tickets for the work rendered.
o a. Monthly Invoices
" Invoices for fixed monthly fee shall be properly prepared and sent via OB10. Contractor shall register and submit invoices electronically via OB10. The website address for registering: WWW.OB10.COM .
" Notes: On the right side of the screen, click on the (orange button that reads, REGISTER NOW)
" THE PROMO CODE SO VENDOR DOESN'T GET CHARGED FOR INVOICES:VAPC7Y18
" THE VA's BUYER ID NUMBER: AAA544240062.
" Help Desk Number: 1-800-353-9791 or email: firstname.lastname@example.org
" More information on OB10 invoicing is located http://www.ob10.com/us/en/veterans-affairs/.
" These invoices shall be sent in arrears at the beginning of each month following the month in which the services were rendered and billed for. At a minimum, all invoices shall include the following details:
" Description of the services rendered
" Billing period in which the services were rendered
" Correct purchase order number which w shall be issued by the Contracting Officer after the contract is awarded. Invoices without correct purchase order number shall be rejected and returned to the Contractor.
" Invoice number and date
" Item(s) covered (to include serial #'s) by the PMI and covered period of service.
" Payments shall be made in accordance with the prompt payment act out of the Government annual appropriated funds obligated in a purchase order which shall be issued after the contract is awarded
II. Price/Cost Schedule
ITEM NUMBER DESCRIPTION OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 Contractor shall provide new 120-208volt, 1 phase, 60 amp 4 wire electrical circuit for steam table in Canteen. Contractor shall provide oversized electrical conduit and boxes as specified in the scope of work
1.00 JB __________________ __________________
GRAND TOTAL __________________
CONTRACT CLAUSES/SOLICITATION PROVISIONS
The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition.
The provision at 52.212-2 EVALUATION-COMMERCIAL ITEMS (JAN 1999) applies to this acquisition.
All offers shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items.
The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition and a statement. The addendum to FAR 52.212-4 also applies to this acquisition.
The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition and all additional FAR clauses cited in the clause are applicable to the acquisition.
1. FAR 52.212-4 Contract Terms and Conditions - Commercial Items (MAY 2014)
Addendum to FAR 52.212-4 - Show FAR clauses followed by VAAR clauses in numeric order. List all clauses incorporated by reference in numeric order under 52.252-2 (see below), starting first with FAR and followed by VAAR.
2. 52.203-16 Preventing Personal Conflicts of Interest (DEC 2011)
3. 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees
of Whistleblower Rights (APR 2014)
4. 52.203-99 Prohibition on Contracting With Entities That Require Certain Internal
Common Confidentiality Agreements (DEVIATION 2015-02) (FEB 2015)
5.52.219-13 Notice of Set-Aside of Orders (NOV 2011)
6. 52.222-41 Service Contract Labor Standards (MAY 2014)
10. 52.222-99 Establishing A Minimum Wage For Contractors (Deviation 2014-O0017) (June 2014)
This clause implements Executive Order 13658, Establishing a Minimum Wage for Contractors, dated February 12, 2014, and OMB Policy Memorandum M-14-09, dated June 12, 2014.
(a) Each service employee, laborer, or mechanic employed in the United States (the 50 States and the District of Columbia) in the performance of this contract by the prime Contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the Contractor and service employee, laborer, or mechanic, shall be paid not less than the applicable minimum wage under Executive Order 13658. The minimum wage required to be paid to each service employee, laborer, or mechanic performing work on this contract between January 1, 2015, and December 31, 2015, shall be $10.10 per hour.
(b) The Contractor shall adjust the minimum wage paid under this contract each time the Secretary of Labor's annual determination of the applicable minimum wage under section 2(a)(ii) of Executive Order 13658 results in a higher minimum wage. Adjustments to the Executive Order minimum wage under section 2(a)(ii) of Executive Order 13658 will be effective for all service employees, laborers, or mechanics subject to the Executive Order beginning January 1 of the following year. The Secretary of Labor will publish annual determinations in the Federal Register no later than 90 days before such new wage is to take effect. The Secretary will also publish the applicable minimum wage on www.wdol.gov (or any successor website). The applicable published minimum wage is incorporated by reference into this contract.
(c) The Contracting Officer will adjust the contract price or contract unit price under this clause only for the increase in labor costs resulting from the annual inflation increases in the Executive Order 13658 minimum wage beginning on January 1, 2016. The Contracting Officer shall consider documentation as to the specific costs and workers impacted in determining the amount of the adjustment.
(d) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (c) of this clause, and will not provide price adjustments under this clause that result in duplicate price adjustments with the respective clause of this contract implementing the Service Contract Labor Standards statute (formerly known as the Service Contract Act) or the Wage Rate Requirements (Construction) statute (formerly known as the Davis Bacon Act).
(e) The Contractor shall include the substance of this clause, including this paragraph (e) in all subcontracts.
7. 52.228-5 Insurance-Work on a Government Installation (JAN 1997)
8. CL-120 In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:
(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.
(b) General Liability: $500,000 per occurrences.
(c) Automobile liability: $100,000 per person; $500,000 per occurrence and property damage.
(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.
9. 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.
10. 001AL-11-15-A Limitations on subcontracting - Monitoring and Compliance (JUNE 2011)
This solicitation includes FAR 52.219-14 Notice of Price Evaluation Preference for 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.
11. 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.
12. 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 Arkansas. 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 Clauses)
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
13. 52.204-16 Commercial and Government Entity Code Reporting (NOV 2014)
14. 52.204-17 Ownership or Control of Offeror
15. 52.209-5 Certification Regarding Responsibility Matters (Apr 2010)
(1) The Offeror certifies, to the best of its knowledge and belief, that --
(i) The Offeror and/or any of its Principals --
(A) Are [_] are not [_] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) Have [_] have not [_], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation); and
(C) Are [_] are not [_] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and
(D) Have [_], have not [_], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.
(1) Federal taxes are considered delinquent if both of the following criteria apply:
(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
(ii) The Offeror has [[_] has not [_], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.
(2) "Principal," for the purposes of this certification, means an officer; director; owner; partner; or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.
16. 52.209-7 Information Regarding Responsibility Matters (Jul 2013)
(a) Definitions. As used in this provision-
"Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
"Federal contracts and grants with total value greater than $10,000,000" means-
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in-
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).
17. 52.212-2 Evaluation-Commercial Items (Jan 1999)
(a) The Government will award a contract resulting from this solicitation to the lowest price using the following criteria:
Technical and past performance, when combined, are approximately equal price.
1) Technical: Contractor technical, personnel, certification and management approach to meet requirements in the statement of work.
2) Past Performance - Past Performance information will be reviewed in the Contractor Performance Assessment Reporting System (CPARS), and Past Performance Information Retrieval System (PPIRS) systems. Past Performance comments of Satisfactory and higher will be considered technically acceptable. Additionally, contractor will be required to complete attached Past Performance Questionnaire to be used in evaluation. In the case that a contractor does not have a record of past performance, it will not be considered unacceptable. Only Past Performance that is for contracts the contractor has completed for similar work in scope and dollar value will be used in evaluation.
3) Price - Contractor must provide a fair and reasonable price on all aspects of specifications.
(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.
18. 52.216-1 Type of Contract (Apr 1984)
The Government contemplates award of a service contract resulting from this solicitation.
19. 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 Timothy Pighee, Contract Specialist, 2200 Fort Roots Dr. BLDG 41, Room 217, North Little Rock, AR, 72114-1709.
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
28. 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.
29. 852.252-70 Solicitation Provisions Or Clauses Incoporated By Reference (Jan 2008) The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the Web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer.
[Contracting officer shall list all FAR and 48 CFR Chapter 8 (VAAR) provisions and clauses incorporated by reference that must be completed by the offeror or prospective contractor and submitted with the quotation or offer.]
30. 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)