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FBO DAILY - FEDBIZOPPS ISSUE OF DECEMBER 04, 2014 FBO #4758
DOCUMENT

H -- EYE WASH TESTING - Attachment

Notice Date: 12/2/2014
Notice Type: Attachment
NAICS: 561210 — Facilities Support Services
Contracting Office: Department of Veterans Affairs;Network Contracting Office 22;4811 Airport Plaza Drive;Suite 600;Long Beach CA 90815
ZIP Code: 90815
Solicitation Number: VA26215Q0045
Archive Date: 12/17/2014
Point of Contact: Tien Nguyen
E-Mail Address: 6-2255<br
Small Business Set-Aside: N/A
Description: S Table of Contents S1 SECTION B - CONTINUATION OF SF 1449 BLOCKS3 B.1 CONTRACT ADMINISTRATION DATA3 B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE4 (JUN 2011)4 B.3 PRICE/COST SCHEDULE5 B.4 DELIVERY SCHEDULE10 B.5 STATEMENT OF WORK11 B.6. CERTIFICATION REQUIREMENTS AND PERSONNEL QUALIFICATIONS AND EXPERIENCE12 B.7 INSURANCE COVERAGE14 B.8 ORDERING ACTIVITIES & ORDERING OFFICERS14 B.9 INVOICE & PAYMENT:15 B.10 REQUIRED REGISTRATIONS:16 SECTION C - CONTRACT CLAUSES17 C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)17 C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)17 C.4 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)17 C.5 52.228-5 INSURANCE-WORK ON A GOVERNMENT INSTALLATION (JAN 1997)17 C.6 52.232-18 AVAILABILITY OF FUNDS (APR 1984)18 C.7 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)18 C.8 52.216-18 ORDERING (OCT 1995)18 C.9 52.216-19 ORDER LIMITATIONS (OCT 1995)18 SECTION E - SOLICITATION PROVISIONS19 E.1 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (APR 2014)19 E.2 52.212-2 EVALUATION-COMMERCIAL ITEMS (JAN 1999)23 E. 3 ADDENDUM 52.212-2 EVALUATION- COMMERCIAL ITEMS (JAN 1999)23 E.4 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008)26 E.5 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998)26 E.6 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (JAN 2003)27 E.7 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)27 E.8 52.209-5 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION)(MAR 2012)27 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 00262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815 2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with: []52.232-34, Payment by Electronic Funds Transfer - Other than Central Contractor Registration, 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 mailed to the following address: Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows: AMENDMENT NODATE VA262-15-Q-0045_312/02/2014 B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011) This solicitation includes. 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 PRICE/COST SCHEDULE VA GREATER LOS ANGELES HEALTHCARE SYSTEM WEST LOS ANGELES MEDICAL CENTER GLA-(WLA)-1Eyewash149EACH$ $ GLA-(WLA)-2Shower2EACH$ $ GLA-(WLA)-3Potable1EACH$ $ GLA-(WLA)-4Combination - Eyewash/Shower34EACH$ $ West Los Angeles Medical Center Base Year $ VA GREATER LOS ANGELES HEALTHCARE SYSTEM VA SEPULVEDA AMBULATORY CARE CENTER GLA-(SEP)-1Eyewash17EACH$ $ GLA-(SEP)-2Shower4EACH$ $ GLA-(SEP)-3Potable0EACH$ $ GLA-(SEP)-4Combination - Eyewash/Shower13EACH$ $ VA Sepulveda Ambulatory Care Center Base Year $ VA GREATER LOS ANGELES HEALTHCARE SYSTEM VA LOS ANGELES AMBULATORY CARE CENTER GLA-(LACC)-1Eyewash2EACH$ $ GLA-(LACC)-2Shower0EACH$ $ GLA-(LACC)-3Potable0EACH$ $ GLA-(LACC)-4Combination - Eyewash/Shower4EACH$ $ VA Los Angeles Ambulatory Care Center Base Year $ West Los Angeles Medical Center VA Sepulveda Ambulatory Care Center VA Los Angeles Ambulatory Care Center $ $ $ Base Year Aggregated Total$ VA GREATER LOS ANGELES HEALTHCARE SYSTEM WEST LOS ANGELES MEDICAL CENTER GLA-(WLA)-1Eyewash149EACH$ $ GLA-(WLA)-2Shower2EACH$ $ GLA-(WLA)-3Potable1EACH$ $ GLA-(WLA)-4Combination - Eyewash/Shower34EACH$ $ West Los Angeles Medical Center Option Year One$ VA GREATER LOS ANGELES HEALTHCARE SYSTEM VA SEPULVEDA AMBULATORY CARE CENTER GLA-(SEP)-1Eyewash17EACH$ $ GLA-(SEP)-2Shower4EACH$ $ GLA-(SEP)-3Potable0EACH$ $ GLA-(SEP)-4Combination - Eyewash/Shower13EACH$ $ VA Sepulveda Ambulatory Care Center Option Year One$ VA GREATER LOS ANGELES HEALTHCARE SYSTEM VA LOS ANGELES AMBULATORY CARE CENTER GLA-(LACC)-1Eyewash2EACH$ $ GLA-(LACC)-2Shower0EACH$ $ GLA-(LACC)-3Potable0EACH$ $ GLA-(LACC)-4Combination - Eyewash/Shower4EACH$ $ VA Los Angeles Ambulatory Care Center Option Year One$ West Los Angeles Medical Center VA Sepulveda Ambulatory Care Center VA Los Angeles Ambulatory Care Center $ $ $ Option Year One Aggregated Total$ VA GREATER LOS ANGELES HEALTHCARE SYSTEM WEST LOS ANGELES MEDICAL CENTER GLA-(WLA)-1Eyewash149EACH$ $ GLA-(WLA)-2Shower2EACH$ $ GLA-(WLA)-3Potable1EACH$ $ GLA-(WLA)-4Combination - Eyewash/Shower34EACH$ $ West Los Angeles Medical Center Option Year Two $ VA GREATER LOS ANGELES HEALTHCARE SYSTEM VA SEPULVEDA AMBULATORY CARE CENTER GLA-(SEP)-1Eyewash17EACH$ $ GLA-(SEP)-2Shower4EACH$ $ GLA-(SEP)-3Potable0EACH$ $ GLA-(SEP)-4Combination - Eyewash/Shower13EACH$ $ VA Sepulveda Ambulatory Care Center Option Year Two$ VA GREATER LOS ANGELES HEALTHCARE SYSTEM VA LOS ANGELES AMBULATORY CARE CENTER GLA-(LACC)-1Eyewash2EACH$ $ GLA-(LACC)-2Shower0EACH$ $ GLA-(LACC)-3Potable0EACH$ $ GLA-(LACC)-4Combination - Eyewash/Shower4EACH$ $ VA Los Angeles Ambulatory Care Center Option Year Two$ West Los Angeles Medical Center VA Sepulveda Ambulatory Care Center VA Los Angeles Ambulatory Care Center $ $ $ Option Year Two Aggregated Total$ VA GREATER LOS ANGELES HEALTHCARE SYSTEM WEST LOS ANGELES MEDICAL CENTER GLA-(WLA)-1Eyewash149EACH$ $ GLA-(WLA)-2Shower2EACH$ $ GLA-(WLA)-3Potable1EACH$ $ GLA-(WLA)-4Combination - Eyewash/Shower34EACH$ $ West Los Angeles Medical Center Option Year Three$ VA GREATER LOS ANGELES HEALTHCARE SYSTEM VA SEPULVEDA AMBULATORY CARE CENTER GLA-(SEP)-1Eyewash17EACH$ $ GLA-(SEP)-2Shower4EACH$ $ GLA-(SEP)-3Potable0EACH$ $ GLA-(SEP)-4Combination - Eyewash/Shower13EACH$ $ VA Sepulveda Ambulatory Care Center Option Year Three$ VA GREATER LOS ANGELES HEALTHCARE SYSTEM VA LOS ANGELES AMBULATORY CARE CENTER GLA-(LACC)-1Eyewash2EACH$ $ GLA-(LACC)-2Shower0EACH$ $ GLA-(LACC)-3Potable0EACH$ $ GLA-(LACC)-4Combination - Eyewash/Shower4EACH$ $ VA Los Angeles Ambulatory Care Center Option Year Three$ West Los Angeles Medical Center VA Sepulveda Ambulatory Care Center VA Los Angeles Ambulatory Care Center $ $ $ Option Year Three Aggregated Total$ VA GREATER LOS ANGELES HEALTHCARE SYSTEM WEST LOS ANGELES MEDICAL CENTER GLA-(WLA)-1Eyewash149EACH$ $ GLA-(WLA)-2Shower2EACH$ $ GLA-(WLA)-3Potable1EACH$ $ GLA-(WLA)-4Combination - Eyewash/Shower34EACH$ $ West Los Angeles Medical Center Option Year Four$ VA GREATER LOS ANGELES HEALTHCARE SYSTEM VA SEPULVEDA AMBULATORY CARE CENTER GLA-(SEP)-1Eyewash17EACH$ $ GLA-(SEP)-2Shower4EACH$ $ GLA-(SEP)-3Potable0EACH$ $ GLA-(SEP)-4Combination - Eyewash/Shower13EACH$ $ VA Sepulveda Ambulatory Care Center Option Year Four$ VA GREATER LOS ANGELES HEALTHCARE SYSTEM VA LOS ANGELES AMBULATORY CARE CENTER GLA-(LACC)-1Eyewash2EACH$ $ GLA-(LACC)-2Shower0EACH$ $ GLA-(LACC)-3Potable0EACH$ $ GLA-(LACC)-4Combination - Eyewash/Shower4EACH$ $ VA Los Angeles Ambulatory Care Center Option Year Four$ West Los Angeles Medical Center VA Sepulveda Ambulatory Care Center VA Los Angeles Ambulatory Care Center $ $ $ Option Year Four Aggregated Total$ West Los Angeles Medical Center Base through Option Year Four (4) Total VA Sepulveda Ambulatory Care Center Base through Option Year Four (4) Total VA Los Angeles Ambulatory Care Center Base through Option Year Four (4) Total $ $ $ Base through Option Year Four (4) Total Aggregated Total$ B.4 DELIVERY SCHEDULE To be scheduled with facility. Services are monthly and annual testing. CampusBldgEye WashShowerPotable Eye WashCombination Eye Wash/Shower WLA#12 1 #44 1 #46 1 #11320 4 #114242 #11532 2 #2081 #2101 #2121 #2133 #220 1 #233 1 #2581 1 #2591 1 #2951 #297 2 #3001 #30422 2 #3061 #345 1 #50039 11 #501 2 #508 3 Cemetery1 1 Subtotal1492134 SEP#753 11 #101 #201 #40 1 #441 #47 1 #20091 Subtotal174013 LAACC 2 4 Subtotal2004 Grand Total =452336122102 B.5 STATEMENT OF WORK SCOPE: The purpose of this contract is to provide monthly and annual testing to ensure eyewash and showers are in accordance to ANSI Standard Z358.1 for the Department of Veteran Affairs Greater Los Angeles Healthcare System (VAGLAHS). The Government intends to award a single firm fixed contract with a base year and four (4) one year option to extend. GENERAL REQUIREMENTS: This is an inclusive contract, contractor shall provide all parts, labor, tools and materials required to perform testing of the emergency shower and eyewashes located throughout VAGLAHS. The testing shall be in accordance with the requirements of ANSI Z358.1 2009 standards for emergency eyewashes and shower equipment. Contractor shall abide by any updates to this standard and modify testing procedure accordingly EYEWASH TESTING: MONTHLY Contractor shall verify that the equipment installation meets the newest revision of ANSI Standard Z358.1. At a minimum contract shall: -Replace any missing or damage floating eyewash caps -Floating eyewash cap must be present and on the water spouts for the test and must be removed by the flow of the water. -Run for a minimum of 30 seconds, or until the water is running clear and free of debris -Verify that the correct signage is in place -Provide and install any lacking signage -Provide and install new weekly test tags when they have been filled up by testing and signing of the tag whether by the using service or the testing contractor. oFilled tags shall be turned over to Alan Silver, Building 63. oTags shall be identified by: "Building and room number "Eyewash ID number "Tags documented that the monthly test has been performed, dated and with the technicians name. -Any spillage during testing is the responsibility of the contractor to clean up, dry the floor and to ensure the safety of others. -Testing shall be performed in the same period each month plus or minus 3 days. EMERGENCY SHOWER: MONTHLY Contractor shall verify that the equipment installation meets the newest revision of ANSI Standard Z358.1. At a minimum contract shall: -Shower shall run for a minimum of 30 seconds or until the water is running clear and free of any debris. -Any spillage during testing is the responsibility of the contractor to clean up, dry the floor and to ensure the safety of others. -Testing shall be performed in the same period each month plus or minus 3 days. EYEWASH TESTING: ANNUAL Contractor shall verify that the equipment installation meets the newest revision of ANSI Standard Z358.1. At a minimum contractor shall: -Inspect the unit and verify that the unit is in good condition, -The piping is sound, -The dust covers are present -Ensure valves are operating properly -Using an eyewash tester to ensure water flow meets all requirements for height, flow rate, and temperature. EMERGENCY SHOWER TESTING: ANNUAL Contractor shall verify that the equipment installation meets the newest revision of ANSI Standard Z358.1. B.6. CERTIFICATION REQUIREMENTS AND PERSONNEL QUALIFICATIONS AND EXPERIENCE Contractor is required to provide the following documentations: -Person(s) performing the testing must have a minimum of one (1) year experience in testing of eyewash and emergency shower within a like setting. -Personnel must be proficient in complying with ANSI Standard Z358.1 REPORTING: Contractor shall provide a full report each month containing a complete list of all emergency shower and eyewash units in the VAGLAHS that shows the Facility, Building, room and unit ID number and all deficiencies found and certification of the correction of those deficiencies. PARTICIPATING FACILITIES VA GREATER LOS ANGELES HEALTHCARE SYSTEM (WLA) 11301 Wilshire Blvd. Los Angeles, CA 90073 VA SEPULVEDA AMBULATORY CARE (SEP) 16111 Plummer St. North Hills, CA 91343 VA LOS ANGELES AMBULATORY CARE CENTER (LAACC) 351 E. Temple St Los Angeles, CA 9012 NATIONAL HOLIDAYS: New Year's DayJanuary 01 Martin Luther King's BirthdayThird Monday in January President's DayThird Monday in February Memorial DayLast Monday in May Independence DayJuly 04 Labor DayFirst Monday in September Columbus DaySecond Monday in October Veterans DayNovember 11 Thanksgiving DayFourth Thursday in November Christmas DayDecember 25 If the holiday falls on a Sunday, the following Monday will be observed as a National holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a National holiday by U.S. Government Agencies, and any day specifically declared by the President of the United States of America. OVERTIME & HOLIDAY PAY: Any overtime and/or holiday pay that may be entitled to the Contractor's employees shall be the sole responsibility of the Contractor and shall not be billed to nor reimbursed by the Government. CONTRACTOR PERSONNEL: The contractor shall provide a contract program manager who shall be responsible for the performance of the work. The name of this person shall be designated in writing to the Contracting Officer. The Contractor's Program Manager shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. PROGRAM MANAGER Company Name: Address: Phone No: Fax No: Contact Name: Email: ALTERNATE PROGRAM MANAGER Company Name: Address: Phone No: Fax No: Contact Name: Email: CONTRACTOR EMPLOYEES: The contractor shall not employ persons for work on this contract if such employee is identified to the contractor as a potential threat to the health, safety, security, general wellbeing or operational mission of the installation and its population. Contractor personnel shall present a neat appearance and be easily recognized as contractor employees. This may be accomplished by wearing distinctive clothing bearing the name of the company and/or wearing badges bearing the Contractor's and employee's name. Contractor Field Service Engineers shall be dressed to present a clean, neat appearance at all times when performing under this contract. Contract Personnel shall be subject to the same quality assurance standards or exceed current recognized national standards as established by the Joint Commission (JC). The Contractor shall perform services in accordance with the ethical, professional and technical standards of the equipment repair industry as consistent with VA Policy, Regulations and Procedures. BADGE: Contractor shall obtain a "Contractor I.D Badge" from the VA Police. All Contractor personnel are required to wear I.D Badge during the entire time on VA facility. The I.D Badge MUST have an identification picture and shall state the name of the individual and the company represented. SMOKING: Contractor personnel may smoke only in designated areas. It is the responsibility of the VISN 22 Healthcare Facilities to provide a safe and healthful environment for employees and patients and to serve as a leader in community health awareness and education. It is in fulfillment of this obligation that the facilities are committed to the establishment of a smoke-free environment. This policy applies to every location in the Healthcare Facilities. There shall be no smoking within 25 feet of all entrances to buildings. Smoking is allowed in all outside areas that are 25 feet away from entrances to buildings unless indicated otherwise. Enclosed patios connected to facility buildings are considered part of the building and as such are non-smoking areas. B.7 INSURANCE COVERAGE The Contractor agrees to procure and maintain, while the contract is in effect, Workers Compensation and Employee's Public Liability Insurance in accordance with Federal and State of California laws. The Government shall be held harmless against any or all loss, cost, damage, claim expense or liability whatsoever, because of accident or injury to persons or property of others occurring in the performance of this contract. The Contractor shall be responsible for all damage to property, which may be done by him, or any employee engaged in the performance of this contract. Before commencing work under this contract, the Contracting Officer shall require the Contractor to furnish certification from his/her insurance company indicating that the coverage specified by FAR 52.228-5 and per FAR Subpart 28.307-2 has been obtained and that it may not be changed or canceled without guaranteed thirty (30) days' notice to the Contracting Officer. Contractor is required to provide copies of proof of Workers Compensation, Employee Public Liability Insurance, and vehicle insurance within fifteen (15) calendar days after notification of contract award. B.8 ORDERING ACTIVITIES & ORDERING OFFICERS The Contractor shall not accept any instructions issued by any other person(s) other than the Contracting Officer or his/her delegated representative acting within the limits of his/her authority. Only those services specified herein are authorized. Before performing any service of a non-contract nature, the Contractor shall advise the Contracting Officer of the reasons for additional work. Changes to the resulting contract are not authorized, unless in writing by the Contracting Officer. Any commitment or changes, which affect the price, quantity and authority to amend, rendered decision on questions of fact in dispute and related contract administration problems are duties of the Contracting Officer and cannot be re-delegated. Upon award, the contractor will be notified of a designation of a Contracting Officer Representative (COR) and the responsibilities and limitations authorized. No oral statement of any person shall modify or otherwise affect the terms, conditions, or specifications stated in this contract. All modifications to the contract must be made in writing by the Contracting Officer. Contractors shall have the capabilities to accept credit card as method of payment when required. TRAVEL: Travel expenses are not authorized under this Contract. MISCELLANEOUS: Toll Charges: It is agreed and understood that the price quoted in the contractor's proposal includes any bridge or road toll charges. CHANGES: Changes to this original statement of work shall only be authorized and approved by the VA Contracting Officer. Changes determined by the Contracting Officer to be within the general scope of the contract shall be made in accordance with FAR 52.212-4(c), "Changes," and shall not necessitate new solicitation proceedings. B.9 INVOICE & PAYMENT: Company Name: Address: Phone No: Fax No: Contact Name: Email: Contractor shall list in the space below the name(s) and Address(es) of customer service department with whom the Government facilities shall place orders: Contractor shall submit in arrears a properly completed itemized invoice in accordance with FAR clauses 52.212-4(g) Contract Terms and Conditions - Commercial Items to: http://www.tungsten-network.com/us/en/ Invoices submitted for payment shall be reviewed for accuracy and shall be subject to approval by the Government prior to remittance of payment. The invoice MUST be itemized to include the following information. Facility name and address where service was provided 1.Contract number 2.Purchase Order/ Obligation number 3.Date of service(s) No advance payments shall be authorized. Payment shall be made on a monthly arrears for services provided during the billing month in arrears in accordance with FAR 52.212-4, para. (i) Upon submission of a properly prepared invoice for prices stipulated in this contract for services delivered and accepted in accordance with the terms and conditions of the contract, less any deductions stipulated in this contract. Payment of invoices may be delayed if the appropriate invoices as specified in the contract are not completed and submitted as required. ? B.10 REQUIRED REGISTRATIONS: a.SYSTEM FOR AWARD MANAGEMENT: WWW.SAM.GOV b.VETBIZ: Veteran-owned companies conducting business as Service Disabled and/or Veteran-Owned Small Businesses are required to register in the VetBiz.gov online database to be considered for contract award. This database is used to promote and market Veteran Owned Small Businesses (VOSBs) and Service Disabled Veteran Owned Businesses (SDVOSBs). The Contractor can register online at the following website: www.vip.vetbiz.gov For assistance with registration in VetBiz.gov, please contact the Center for Veterans Enterprise at 866-584-2344 or 202-303-3260. c.DATA UNIVERSAL NUMBERING SYSTEM (DUNS): In accordance with FAR Provision 52.212-1 paragraph (j), the Contractor shall provide the Dun and Bradstreet number assigned to his/her firm in the space provided below: DUNS#: - - This solicitation incorporates one or more clauses by reference with the same force and effect as if they were given in full text. 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. The full text of a clause and provision may be accessed electronically at this/these addresses; Federal Acquisition Regulation: http://farsite.hill.af.mil/vffar1.htm; Veterans Affairs Acquisition Regulation: http://farsite.hill.af.mil/reghtml/regs/other/vaar/852.htm#P753_117590 SECTION C - CONTRACT CLAUSES C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within ; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed. (End of Clause) C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within. (End of Clause) C.4 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. 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) C.5 52.228-5 INSURANCE-WORK ON A GOVERNMENT INSTALLATION (JAN 1997) (a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract. (b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective- (1) For such period as the laws of the State in which this contract is to be performed prescribe; or (2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request. (End of Clause) C.6 52.232-18 AVAILABILITY OF FUNDS (APR 1984) Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. (End of Clause) C.7 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) Funds are not presently available for performance under this contract beyond. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer. (End of Clause) C.8 52.216-18 ORDERING (OCT 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from through. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. (End of Clause) C.9 52.216-19 ORDER LIMITATIONS (OCT 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor- (1) Any order for a single item in excess of ; (2) Any order for a combination of items in excess of ; or (3) A series of orders from the same ordering office within days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of Clause) ? SECTION E - SOLICITATION PROVISIONS E.1 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (APR 2014) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). 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 or 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 (202) 619-8925 Facsimile (202) 619-8978. (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 (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://www.fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office. (k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov. (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. (End of Provision) 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: (End of Addendum to 52.212-1) E.2 52.212-2 EVALUATION-COMMERCIAL ITEMS (JAN 1999) (a) The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: (i) Technical capability of the item offered to meet the Government requirement; (ii)Past performance (see FAR 15.304); (iii) Price; METHOD OF EVALUATION: The Lowest Price Technically Acceptable (LPTA) -Offeror (s) whose response conforms to the solicitation requirements and provides the lowest price while meeting all technical requirements pursuant to FAR 15.101-2 (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. (End of Provision) E. 3 ADDENDUM 52.212-2 EVALUATION- COMMERCIAL ITEMS (JAN 1999) PROPOSAL SUBMISSION: NOTE: All Requests for Information (RFIs) regarding this RFP must be submitted in writing using form provided and must be received at least 5 (five) calendar days in advance of the offer due date in order to allow replies to reach all prospective Offeror s in a timely manner, if that information is necessary in submitting offers or if the lack of it would be prejudicial to other prospective Offeror s. Oral explanations given before award are not binding. RFI FORM: Solicitation number: Company Name: Point of Contact & E-mail address: Question (reference page number if applicable) The Government intends to Award to the Lowest Priced Technically Acceptable proposal (FAR 15.101-2) without discussions, but reserves the right to enter into discussions if so determined to be in the best interest of the Government. Offeror(s) are to submit all requested documents, any missing documents and/ or questions not addressed CO may disqualify proposal. Offeror(s) shall prepare Technical Proposals with the Selection Criteria and Evaluation Factors in mind, in terms of both content and organization, to facilitate evaluation. An electronic proposal is mandatory and maybe submitted via e-mail or on CD in MS Word or PDF format only. Proposals maybe e-mailed to Tien.Nguyen@va.gov or sent to: Department of Veterans Affairs Attention: Tien Nguyen Airport Plaza Drive Suite 600 CA Long Beach 90815 Submission deadline: December 18, 2014 10:00 AM PST. NOTE: -Please be advised that e-mail size greater than 10 MB will be rejected by the VA E-mail System. -Hard copy is optional and shall not substitute electronic copy -It is the Offeror's responsibility to ensure that documents are complete and submission is viewable/ readable. PROPOSAL EVALUATION The Contracting Officer, with the assistance of a qualified Technical Evaluator, will evaluate Technical Proposals to determine the Offeror 's ability to accomplish the work as set forth in this solicitation, i.e. Technical Capabilities. Technical evaluation will be based solely on the evaluation factors and criteria defined below. It is intended that a best value award will be made to the lowest price, technically acceptable offer, as per FAR 15.101-2; therefore all Offeror s are advised that their best terms and conditions, both technical and price, should be presented in their initial proposals. Offeror s are advised that exchanges (including discussions/negotiations) may occur if deemed necessary. Any such exchanges shall be conducted in accordance with FAR 15.306. Offeror(s) are advised that in addition to information provided in Technical Proposals, Past Performance Evaluation will be conducted using information obtained from the Past Performance Information Retrieval System (PPIRS). Offeror s are advised that in accordance with FAR 15.305 (a)(iv) Offeror(s) without a record of relevant past performance may not be evaluated favorably or unfavorably. In addition, Offeror(s) may provide information on problems encountered in past performance and corrective actions taken, FAR 15.305 (a)(ii). 1.TECHNICAL CAPABILITIES: The technical factors consist of the following elements: experience, past performance, qualifications, and certifications. The overall technical proposal will be rated acceptable or unacceptable. To receive an overall Acceptable rating, and be considered for award, each element of the technical factor must also be rated acceptable. Acceptable rating is considered as meeting all the required criteria and documents requested. (1)TECHNICAL CAPABILITIES: A.PERSONNEL: This factor will indicate for each Offeror the qualifications of personnel that are to perform the services required of this contract, in accordance with Certification Requirements and Personnel Qualifications and Experience described in the Statement of Work. The Offeror shall have a minimum of two (2) qualified personnel available for work on this contract in order to be considered for award. All Personnel assigned by the Contractor to provide services must furnish the following: a.Provide documentation that personnel has at least one (1) recent year of experience working in testing of eyewash and emergency shower within a like setting. b.Provide documentation that personnel is proficient in complying with ANSI Standard Z358.1 B.MANAGEMENT: This factor will indicate the Offeror's ability to manage the contact and quality of service of personnel. a.Provide a quality assurance surveillance plan (QASP) for the contract 2.PAST PERFORMANCE: The overall Past Performance criteria will be rated acceptable or unacceptable. To receive an overall Acceptable rating, and be considered for award, Offeror must have references of similar scope, quantity, complexity and an overall satisfactory rating to be rated as acceptable. The Government may also use any relevant information in its possession or in the public domain. In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available, the Offeror may not be evaluated favorably or unfavorably on past performance. (2) PAST PERFORMANCE: Provide a list of Federal, State, local government and private contracts under which the Contractor have provided similar services and quantity required in this solicitation within the last five years. (A minimum of two (2) facilities for which similar services have been furnished is required) Facility/ Company Name: Address: Phone Number: Point of Contact: Start/End of contract: Facility/ Company Name: Address: Phone Number: Point of Contact: Start/End of contract: Past performance must be relevant and recent. Relevant contracts include projects in a hospital environment with similar type of work, similar working conditions, comparable quantity of person(s) serviced, and same price range. Relevancy is defined as performance within the last five (5) years through the solicitation release date. The Contractor can identify contracts that include Federal, State, and local government and private for efforts similar to the Government requirement. A questionnaire will sent to the references and a rate of satisfactory or higher must be scored in all area to be considered as an Acceptable rating. 3. COST/PRICE: The Contracting Officer will conduct a price analysis or cost analysis in accordance with FAR Subpart 15.404-1(b) as appropriate. (3) COST/PRICE: The cost/price stated in the Section entitled Schedule of Supplies or Services and Price/Costs is to be inclusive of all required services for the period of the contract. Award will be made to the responsive and responsible Offeror whose quote conforming to the solicitation is determined Lowest Price Technically Acceptable to the Government. Therefore, the Offeror with the lowest cost or price alone may not necessarily be awarded the contract. (End of Provision) E.4 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) (a) Any protest filed by an interested party shall: (1) Include the name, address, fax number, and telephone number of the protester; (2) Identify the solicitation and/or contract number; (3) Include an original signed by the protester or the protester's representative and at least one copy; (4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents; (5) Specifically request a ruling of the individual upon whom the protest is served; (6) State the form of relief requested; and (7) Provide all information establishing the timeliness of the protest. (b) Failure to comply with the above may result in dismissal of the protest without further consideration. (c) Bidders/offerors and contracting officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation. (End of Provision) PLEASE NOTE: The correct mailing information for filing alternate protests is as follows: Deputy Assistant Secretary for Acquisition and Logistics, Risk Management Team, Department of Veterans Affairs 810 Vermont Avenue, N.W. Washington, DC 20420 E.5 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998) As an alternative to filing a protest with the contracting officer, an interested party may file a protest with the Deputy Assistant Secretary for Acquisition and Materiel Management, Acquisition Administration Team, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, or for solicitations issued by the Office of Construction and Facilities Management, the Director, Office of Construction and Facilities Management, 810 Vermont Avenue, NW., Washington, DC 20420. The protest will not be considered if the interested party has a protest on the same or similar issues pending with the contracting officer. (End of Provision) E.6 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (JAN 2003) The Government intends to evaluate proposals and award a contract without exchanges with offerors. Therefore, each initial offer should contain the offeror's best terms from a cost or price and technical standpoint. However, the Government reserves the right to conduct exchanges if later determined by the contracting officer to be necessary. (End of Provision) E.7 VAAR 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) E.8 52.209-5 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION)(MAR 2012) (a) In accordance with Division H, sections 8124 and 8125 of P.L. 112-74 and sections 738 and 739 of P.L. 112-55 none of the funds made available by either Act may be used to enter into a contract with any corporation that- (1) Has an unpaid federal tax liability, unless the agency has considered suspension or debarment of the corporation and the Suspension and Debarment Official has made a determination that this action is not necessary to protect the interests of the Government. (2) Has a felony criminal violation under any Federal or State law within the preceding 24 months, unless the agency has considered suspension or debarment of the corporation and Suspension and Debarment Official has made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that- (1) The offeror does [ ] does not [ ] have any unpaid Federal tax liability that has been assessed and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (2) The offeror, its officers or agents acting on its behalf have [ ] have not [ ] been convicted of a felony criminal violation under a Federal or State law within the preceding 24 months. (End of Provision)
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