4710--596-24-2-5079-0043 - Hydronic Piping

Combined Synopsis-Solicitation 36C24924Q0226 DESCRIPTION This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued. This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular Federal Acquisition Circular 2024-03. This solicitation is set-aside for Service Disabled Veteran Owned Small Businesses (SDVOSB). The associated North American Industrial Classification System (NAICS) code for this procurement is 332919, with a small business size standard of 750 employees. The FSC/PSC is 4710. Network Contracting Office (NCO) 9 on behalf of Lexington VA Medical Center (VAMC) is seeking to purchase hydronic piping . All interested contractors shall provide quotations for the following: Supplies/Services LOCAL STOCK NUMBER Description Quantity Unit of Measure Unit Price Extended Price LSOFTD60 1/2 X 60 L SOFT COP TUBE 180 EA - LHARDD10 1/2 X 10 L HARD COP TUBE 100 EA - LHARDF10 3/4 X 10 L HARD COP TUBE 180 EA - LHARDG10 1 X 10 L HARD COP TUBE 380 EA - LHARDH10 1-1/4 X 10 L HARD COP TUBE 300 EA - LHARDJ10 1-1/2 X 10 L HARD COP TUBE 660 EA - LHARDK10 2 X 10 L HARD COP TUBE 240 EA - LHARDL10 2-1/2 X 10 L HARD COP TUBE 520 EA - LHARDM10 3 X 10 L HARD COP TUBE 50 EA - MCL223EM LF 3 CI 200# BRZ EPDM LUG BFV LO 4 EA - MPF02802 LF 3 PXFLG 150# COMP FLG 4 EA - FNWNBGZ1NAR6M 3 150# ZN NA 1/16 RNG NBG SET 4 EA - FNWSWG14FM 3 150# 304 FG SPRL WND GSKT 4 EA - NPC601LDD LF 1/2 PXP REP COUP W/O ST LD 90 EA - NPC600DSLDD LF 1/2 PXP LD COUP W/ ST 90 EA - NPC600DSLDF LF 3/4 PXP LD COUP W/ ST 18 EA - NPC600DSLDG LF 1 PXP LD COUP W/ ST 38 EA - NPC600DSLDH LF 1-1/4 PXP LD COUP W/ ST 30 EA - NPC600DSLDJ LF 1-1/2 PXP LD COUP W/ ST 66 EA - NPC600DSLDK LF 2 PXP LD COUP W/ ST 24 EA - NPC600DSLDL LF 2-1/2 PXP COUP W/ ST LD 52 EA - NPC600DSLDM LF 3 PXP COUP W/ ST LD 4 EA - FNWX432F LF 3/4 BRS PXP FP BV WTR 14 EA - FNWX432G LF 1 BRS PXP FP BV WTR 8 EA - FNWX432H LF 1-1/4 BRS PXP FP BV WTR 2 EA - FNWX432J LF 1-1/2 BRS PXP FP BV WTR 10 EA - FNWX432K LF 2 BRS PXP FP BV WTR 4 EA - FNWX432AXLCL LF 2-1/2 BRS PXP FP BV WTR 8 EA - NPC607LDD LF 1/2 PXP 90 ELL LD 180 EA - NPC607LDF LF 3/4 PXP 90 ELL LD 36 EA - NPC607LDG LF 1 PXP 90 ELL LD 20 EA - NPC607LDH LF 1-1/4 PXP 90 ELL LD 20 EA - NPC607LDJ LF 1-1/2 PXP 90 ELL LD 20 EA - NPC607LDK LF 2 PXP 90 ELL LD 14 EA - NPC607LDL LF 2-1/2 PXP 90 ELL LD 10 EA - NPC6072LDK LF 2 FTGXP 90 ELL LD 2 EA - NPC607LDM LF 3 PXP 90 ELL LD 6 EA - MPF40158 LF 3X2-1/2X2-1/2 PXPXP TEE 1 EA - MPF40157 LF 3X2-1/2X2 PXPXP TEE 1 EA - MPF40123 LF 2-1/2 PXPXP COP TEE 1 EA - MPF40125 LF 2-1/2X2-1/2X1-1/2 PXPXP TEE 2 EA - MPF40126 LF 2-1/2X2-1/2X1-1/4 PXPXP TEE 2 EA - MPF40129 LF 2-1/2X2-1/2X1/2 PXPXP TEE 22 EA - MPF40132 LF 2-1/2X2X1-1/2 PXPXP TEE 1 EA - MPF40134 LF 2-1/2X2X1 PXPXP TEE 1 EA - NPC611LDKGG LF 2X1X1 PXPXP TEE LD 1 EA - NPC611LDKJJ LF 2X1-1/2X1-1/2 PXPXP TEE LD 1 EA - NPC611LDGGF LF 1X1X3/4 PXPXP TEE LD 4 EA - NPC611LDGGD LF 1X1X1/2 PXPXP TEE LD 14 EA - NPC611LDHHD LF 1-1/4X1-1/4X1/2 PXPXP TEE 18 EA - NPC611LDJJD LF 1-1/2X1-1/2X1/2 PXPXP TEE 51 EA - NPC611LDKKD LF 2X2X1/2 PXPXP TEE LD 12 EA - MPF40129 LF 2-1/2X2-1/2X1/2 PXPXP TEE 10 EA - NPC611LDHHF LF 1-1/4X1-1/4X3/4 PXPXP TEE LD 4 EA - NPC611LDJ LF 1-1/2 PXPXP TEE LD 2 EA - NPC611LDK LF 2 PXPXP TEE LD 1 EA - MPF40152 LF 3 PXPXP TEE 2 EA - NPC6002LDGF LF 1X3/4 FTGXP RED LD 10 EA - NPC6002LDHG LF 1-1/4X1 FTGXP RED LD 10 EA - NPC6002LDJH LF 1-1/2X1-1/4 FTGXP RED LD 10 EA - NPC6002LDKG LF 2X1 FTGXP RED LD 1 EA - NPC6002LDJG LF 1-1/2X1 FTGXP RED LD 2 EA - NPC6002LDJF LF 1-1/2X3/4 FTGXP RED LD 2 EA - NPC6002LDKJ LF 2X1-1/2 FTGXP RED LD 2 EA - MPF01368 LF 2-1/2X1-1/2 FTGXP RED 1 EA - MPF01367 LF 2-1/2X2 FTGXP RED 1 EA - MPF01378 LF 3X1-1/2 FTGXP RED 1 EA - MPF01376 LF 3X2-1/2 FTGXP RED 3 EA - MPF01377 LF 3X2 FTGXP RED 1 EA - NPC6032F LF 3/4 FTGXF EXT ADPT 16 EA - NPC604LDK LF 2X2 PXM ADPT LD 2 EA - MPF01196 LF 2-1/2X2-1/2 PXM ADPT 1 EA - FNW7005EP0300 3 EPOX PLTD ADJ STD CLEVIS HGR 32 EA - FNW7005EP0350 3-1/2 EPOX PLTD ADJ STD CLEVIS HGR 42 EA - FNW7005EP0400 4 EPOX PLTD ADJ STD CLEVIS HGR 8 EA - FNW7005EP0500 5 EPOX PLTD ADJ STD CLEVIS HGR 10 EA - FNW7750Z0300 3 GALV MSS INSUL PROT SHLD 30 EA - FNW7750Z0350 3-1/2 GALV MSS INSUL PROT SHLD 62 EA - FNW7750Z0400 4 GALV MSS INSUL PROT SHLD 32 EA - FNW7750Z0450 4-1/2 GALV MSS INSUL PROT SHLD 34 EA - N421912 2X1/8X30 FT FOAM INSUL TAPE 12 EA - FNWHNG2Z38 3/8 16 HEX NUT ZN A563 GR 2 50PK 2 EA - FNWHNG2Z12 1/2 13 HEX NUT ZN A563 GR 2 50PK 2 EA - FNWHNG2Z58 5/8 11 HEX NUT ZN A563 GR 2 12PK 5 EA - FNWFLWZ38 3/8 X 1 FLT WSHR ZN 50PK 2 EA - FNWFLWZ12 1/2 X 1-3/8 FLT WSHR ZN 50PK 1 EA - FNWFLWZ58 5/8 X 1-3/4 FLT WSHR ZN 50PK 1 EA - B117106LF LF 2-1/2 NPT CIRC SETTER 2 EA - FOB: Destination All or None-Offeror must provide all items listed in Line Item spreadsheet Place of Performance/Place of Delivery Address: Lexington VA Medical Center 2250 Leestown Rd Lexington, KY Postal Code: 40511 Country: UNITED STATES The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html. The following solicitation provisions apply to this acquisition: FAR 52.212-1, Instructions to Offerors Commercial Items FAR 52.212-3, Offerors Representations and Certifications Commercial Items Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, Offerors Representations and Certifications Commercial Items. If paragraph (j) of the provision is applicable, a written submission is required. The following contract clauses apply to this acquisition: FAR 52.212-4, Contract Terms and Conditions Commercial Items OCT 2018. FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders JAN 2021. All quoters shall submit the below items. Non-compliance to the below items with this requirement may result in disqualification of the quote. Only one quote. Quote shall be on offeror s company letterhead, in PDF format and emailed to contact@example.gov NLT 04/01/2024 at 08:00 AM CST. The solicitation number, 36C24924Q0226 Hydronic Piping must be referenced in the subject line. Quote must reflect anticipated delivery date. Letters of Authorization (LOA) shall be included with offer. Attached spreadsheet 36C24924Q0226 LineItems with ALL highlighted columns completed. (O, AE,AM, CE, CF, CG) Proof of SDVOSB status must be included with offer. Award will be based upon a comparative evaluation of quotes in accordance with the Simplified Acquisition Procedures of FAR 13. Comparative evaluation is the side by side pairwise comparison of quotes based on factors resulting in a Contracting Officer decision for the quote most favorable to the Government. The following are the decision factors: Delivery date Price The award will be made to the response most advantageous to the Government. Responses should contain your best terms and conditions. 52.211-6 BRAND NAME OR EQUAL (AUG 1999) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation. To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must (1) Meet the salient physical, functional, or performance characteristic specified in this solicitation; (2) Clearly identify the item by (i) Brand name, if any; and (ii) Make or model number; (3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and (4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications. The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. (d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation. (End of Provision) 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL ITEMS (JUN 2020) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show (1) The solicitation number; (2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) "Remit to" address, if different than mailing address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. (d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing. (e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately. (f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and (A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (C) If this solicitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. (g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, SW Washington, DC 20407 Telephone +1 (555) 000-0000 Facsimile +1 (555) 000-0000. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites: (i) ASSIST (https://assist.dla.mil/online/start/); (ii) Quick Search (http://quicksearch.dla.mil/); (iii) ASSISTdocs.com (http://assistdocs.com). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by? (i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm); (ii) Phoning the DoDSSP Customer Service Desk +1 (555) 000-0000, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone +1 (555) 000-0000/2179, Facsimile +1 (555) 000-0000. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation Unique Entity Identifier followed by the unique entity identifier that identifies the Offeror s name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier. (k) [Reserved] (l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: (1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of the rationale for award; (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency. 52.212-2 EVALUATION SIMPLIFIED ACQUISITION PROCEDURES Basis for Award. The Government will issue a purchase order to the responsible quoter whose quotation conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotations: Technical or Quality Price Evaluation Approach. The Government will evaluate quotations using the comparative evaluation process outlined in FAR 13.106-2 (b) (3), where quotations will be compared to one another to determine which provides the best benefit to the Government. The Government reserves the right to consider a quotation other than the lowest price that provides additional benefit(s). Quotations may exceed minimum requirements of the solicitation. The Government reserves the right to select a quotation that provides benefit to the Government that exceeds the minimum requirements of the solicitation but is not required to do so. Each response must meet the minimum requirements of the solicitation. The Government is not requesting or accepting alternate quotations. The evaluation will consider the following: Technical or Quality: The quotation will be evaluated to the extent to which it can meet and/or exceed the Government s requirements as outlined in the solicitation and based on the information requested in the instructions to quoters section of the solicitation. Price: The Government will evaluate the price by adding the total of all line item prices. The Total Evaluated Price will be that sum.> To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows: "The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition." OR "The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:" Quoters shall list exception(s) and rationale for the exception(s), if any. Submission of your response shall be received not later than 08:00 AM CST on 05/17/2023 at contact@example.gov. Solicitation number, 36C24923Q0307 Ensite T X EP System must be referenced in the subject line and on the cover page of the quote. Non-compliance with this requirement may result in disqualification of the quote. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f). Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Point of Contact listed below. The following subparagraphs of FAR 52.212-5 are applicable: (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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204 23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115 91). (3) 52.204 25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115 232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). (5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (6) 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). [] (4) 52.204 10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109 282) (31 U.S.C. 6101 note). [] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note). [X] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)). [] (ii) Alternate I (MAR 2020) of 52.219-28. [] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755). [] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015). [x] (30)(i) 52.222 26, Equal Opportunity (SEP 2016) (E.O. 11246). [] (ii) Alternate I (JULY 2014) of 52.222-35. [] (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). [] (33) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). [] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). [] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). [X] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [X] (51) 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). [X] (57) 52.232-33, Payment by Electronic Funds Transfer System for Award Management (Oct 2018) (31 U.S.C. 3332). [] (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67). [] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). [] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67). [] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015). [] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020) (a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference. [X] 852.203 70, Commercial Advertising. [] 852.209 70, Organizational Conflicts of Interest. [x] 852.211 70, Equipment Operation and Maintenance Manuals. [] 852.214 71, Restrictions on Alternate Item(s). [] 852.214 72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214 73, Alternate Packaging and Packing. [] 852.214 74, Marking of Bid Samples. [x] 852.215 70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors. [] 852.215 71, Evaluation Factor Commitments. [] 852.216 71, Economic Price Adjustment of Contract Price(s) Based on a Price Index. [] 852.216 72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index. [] 852.216 73, Economic Price Adjustment State Nursing Home Care for Veterans. [] 852.216 74, Economic Price Adjustment Medicaid Labor Rates. [] 852.216 75, Economic Price Adjustment Fuel Surcharge. [] 852.219 9, VA Small Business Subcontracting Plan Minimum Requirements. [] 852.219 10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside. [] 852.219 11, VA Notice of Total Veteran-Owned Small Business Set-Aside. [] 852.222 70, Contract Work Hours and Safety Standards Nursing Home Care for Veterans. [] 852.228 70, Bond Premium Adjustment. [] 852.228 71, Indemnification and Insurance. [] 852.228 72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds. [X] 852.232 72, Electronic Submission of Payment Requests. [X] 852.233 70, Protest Content/Alternative Dispute Resolution. [X] 852.233 71, Alternate Protest Procedure. [] 852.237 70, Indemnification and Medical Liability Insurance. [X] 852.246 71, Rejected Goods. [] 852.246 72, Frozen Processed Foods. [] 852.246 73, Noncompliance with Packaging, Packing, and/or Marking Requirements. [] 852.270 1, Representatives of Contracting Officers. [] 852.271 72, Time Spent by Counselee in Counseling Process. [] 852.271 73, Use and Publication of Counseling Results. [] 852.271 74, Inspection. [] 852.271 75, Extension of Contract Period. [x] 852.273 70, Late Offers. [] 852.273 71, Alternative Negotiation Techniques. [] 852.273 72, Alternative Evaluation. [] 852.273 73, Evaluation Health-Care Resources. [] 852.273 74, Award without Exchanges. (b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause: [] 852.237 74, Nondiscrimination in Service Delivery. (End of Clause) VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING MONITORING AND COMPLIANCE (JUL 2018) (a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside. (b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer 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. (c) 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 Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. (d) 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 Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement. (End of Clause) The following clauses are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" contained in this document. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause. (FEDERAL ACQUISIT...