Loren Data's SAM Daily™

FBO DAILY ISSUE OF JULY 08, 2009 FBO #2781
SOLICITATION NOTICE

Q -- Medical testing

Notice Date

7/6/2009
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

621511 — Medical Laboratories
 

Contracting Office

Department of the Army, National Guard Bureau, USPFO for Tennessee, USPFO for Tennessee, P.O. Box 40748, Nashville, TN 37204-0748
 

ZIP Code

37204-0748
 

Solicitation Number

W912L7-09-T-0044
 

Response Due

7/9/2009
 

Archive Date

9/7/2009
 

Point of Contact

thover333, 6153132658<br />
 

E-Mail Address

USPFO for Tennessee
(terri.hover@us.army.mil)
 

Small Business Set-Aside

Total Small Business
 

Description

This is a combined synopsis/solicitation for a blanket purchase agreement (BPA) for commercial items prepared in accordance with the format in Subpart 12.6 of the Federal Acquisition Regulation (FAR), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Quotes are being solicited and a written solicitation will not be issued. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-33.The Tennessee Army National Guard has the following requirements. This requirement is being advertised as a small business set-aside; the North American Industry Classification System (NAICS) Code is 621511 with a Small Business Size Standard of $13.5M. All responsible sources may submit an offer, which shall be considered by this Agency. The following clauses are applicable to this acquisition: FAR 52.212-4 Contract Terms and Conditions-Commercial Items, FAR 52.212-5 (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items (JUN 2006) (Deviation) and DFARS 252.212-7001 (Dev) Contract Terms, Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items (JUL 2006) (Deviation). Quotes are due in this office no later than Friday, July 09, 2008, close of business three thirty (3:30) p.m. local central standard time. They can be emailed to Terri.Hover@us.army.mil or facsimile to 615-313-2659. Offers will be evaluated using the lowest price. The agreement will be made to the offeror whose proposal is most advantageous to the Government. STATEMENT OF WORK 0001. Provide medical laboratory testing for the Tennessee Army National Guard for a period of five (5) years from 01 July 2009 through 30 June 2014. The Government shall only be obligated for the actual authorized calls placed against this Blanket Purchase Agreement within the stated period. 000AA. The test will screen human biological specimens provided by the Tennessee Army National Guard approved physical examination sites for the following: (1)Urine Drug Abuse Screen 10 (Qualitative Analysis) + Blood Alcohol (ETOH) (Qualitative Analysis) (Sodium Fluoride) Medical testing only, No chain of custody required. PRICE: $ (2)Prostate Specific Antigen (PSA) PRICE: $ (3)Lipid Profile + Glucose (Fasting Blood Sugar) PRICE: $ (4) Hemoglobin (Whole Blood-EDTA)PRICE: $ (5)Hematocrit (HCT) PRICE: $ (6)Sickle Cell Anemia PRICE: $ (7) G6PD test PRICE: $ (8) Pap SmearsPRICE: $ (9) ABO/RH (group and Type) PRICE: $ 000AB. Provide each physical exam site with required collection, labeling, requisitions, packaging, transportation, and reporting material per requirements of the specified laboratory specimen testing procedures. 000AC. Provide Courier Services for the pick-up/transportation of test specimens from each physical exam site (listed in SECTION B) to the Contractors facilities for analysis and provide a maximum of 48 hours turn-around-time for all medical reports. 000AD. Provide medical reports to the exam site in original and 2 copies. Each batch should produce a quick look report of all testing results not in the normal range. 1.The work required under this project includes providing the Tennessee Army National Guard with human biological specimen (blood/serum/urine) analysis at the following locations within the State of Tennessee. TNARNG MEDICAL COMMAND1/230th AVN ATTN: SSG ROBERT WETZELATTN: SSG JONATHAN HAYNES 250 8TH AVENUE510 8TH AVENUE SMYRNA, TN 37167SMYRNA, TN 37167 TNARNG MEDICAL COMMANDDET 1 1/230th AVN ATTN: SGT NICHOLE SMITHATTN: SGT GIOVONNI DEZANNI 1801 HOLTZCLAW AVENUEAASF # 2 CHATTANOOGA, TN 374042111 ARMY DRIVE LOUISVILLE, TN 37777-6300 TNARNG MEDICAL COMMAND ATTN: SSG SHAUNA CHANCECO C, SPT SQDN 278TH ACR 325 ARSENAL LANEATTN: TBD LAVINIA, TN 38348P.O. BOX 11645, 711 CONCORD KNOXVILLE, TN 37939-1645 HQ, 3/278TH ACR ATTN: TBD P O BOX 2189, 205 GOULD DRIVE COOKEVILLE, TN 38502-2189 2.The successful contractor(s) will provide all required collection, labeling, requesting, packaging, transportation, and reporting material requirements of the specified laboratory specimen testing procedures. Military medical personnel will perform the collection of all specimens in accordance with guidelines published by the reference laboratory and current clinical practice as defined by the Clinical Laboratory Improvement Act and State of Tennessee medical laboratory practices. 3.Specimens will be collected during weekend training assemblies and annual training periods as published by the Tennessee Army National Guard. Local Tennessee Army National Guard points of contact as listed in this requirement will coordinate schedule of collection dates. The successful contractor(s) will be required to provide courier service to the physical exam sites listed for pick-up and delivery of reports and supplies. 4.The coordinator, or an assistant coordinator, listed in section C of this statement of work will be given authority to place calls against an awarded contract. This individual will coordinate with the contractor for pick-up and delivery dates and times. These coordinators are the only unit level individuals authorized to have direct contractor contact. 5.The actual total number of tests required is not known at this time. The government will be obligated ONLY for the ACTUAL number of tests requested and performed. 6.In compliance with the Privacy Act, the contractor must ensure that facilities analyzing specimens or having access to medical test results DO NOT release that information to anyone other than the listed coordinators, the State Surgeon of the Tennessee Army National Guard or his duty appointed representative. The Purchasing and Contracting Office and the Commercial Accounts Office of the USPFO for Tennessee are NOT authorized to have access to review, receive, or handle any medical reports or test results. SPECIAL CONTRACT REQUIREMENTS 1.The successful contractor(s) must be national accredited and CLIA approved for complex testing procedures and a TRICARE health services provider. 2.The successful contractor(s) will be required to furnish each physical exam site with a copy of any awarded contract and ensure proper procedures and requirements of statutory/regulatory laws are complied with to the maximum extent possible. 3.The government is obligated only to the extent of authorized calls actually placed in accordance with any awarded contract. 4.No individual call shall exceed $2,500.00 5.The following individuals are authorized to place call orders against the BPA and ARE authorized to receive medical report information: NAMETITLEPHONE #LOCATION COL Bobbie A. BellDeputy State Surgeon615-267-7450Smyrna, TN SSG Chris JohnsonCoordinator615-355-7458Smyrna, TN SFC Robert A. Haley Assistant Coordinator 615-355-7453Smyrna, TN SSG Shauna R. Chance Assistant Coordinator615-355-7454Smyrna, TN The following individuals are authorized to place call orders against the BPA but ARE NOT authorized to receive medical report information: NAMETITLEPHONE #LOCATION LTC Sammy BeardSupv. Contract Spec.615-313-2650Nashville, TN Terri HoverContracting Officer615-313-2658Nashville, TN Ms. Jane SwaffordContract Specialist615-313-0531Nashville, TN Randal HalbrooksContract Officer615-313-2628Nashville, TN 6.Payment Procedures: The organization shall submit an itemized monthly invoice to the Office of the Deputy State Surgeon General, 3041 Sidco Drive, Nashville, Tennessee by the fifteenth (15) day of the following month. Upon verification that all services have been rendered and after approval of the monthly invoice, the Agency noted in Block #15 shall pay the contractor in accordance with the applicable firm, fixed price per laboratory test as stated in the Price Schedule. 7. Call tickets and invoices shall contain the following: Full name and address of organization, the Blanket Purchase Agreement Number, the call number, purpose, date, and time of call, the location where tests were performed, itemization of tests performed, and the amount of the particular service, the total invoice amount, and invoice number. A consolidated monthly payment will be made for all authorized and verified calls within that monthly time period. Monthly call tickets and invoices will be broke down to daily subtotals for ease of billing. 8. This Blanket Purchase Agreement Master Dollar Limit is $200,000.00 9. The dollar limit per call is $2,500.00. Section I - Contract Clauses CLAUSES INCORPORATED BY FULL TEXT 52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (OCT 2003) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-- (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, contract line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer--Other Than Central Contractor Registration), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment.-- (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall immediately notify the Contracting Officer and request instructions for disposition of the overpayment. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 327, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) the Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification. (t) Central Contractor Registration (CCR). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2)(i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the Suspension of Payment paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the Suspension of payment paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757. (End of clause) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2005) (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) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (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: (Contracting Officer check as appropriate.) ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUL 1995), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). ___ (2) 52.219-3, Notice of HUBZone Small Business Set-Aside (Jan 1999) (U.S.C. 657a). ___ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 1999) (if the offeror elects to waive the preference, it shall so indicate in its offer) (U.S.C. 657a). ___(4) (i) 52.219-5, Very Small Business Set-Aside (JUNE 2003) (Pub. L. 103-403, section 304, Small Business Reauthorization and Amendments Act of 1994). ____(ii) Alternate I (MAR 1999) to 52.219-5. ____(iii) Alternate II to (JUNE 2003) 52.219-5. _XX__ (5)(i) 52.219-6, Notice of Total Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644). ___ (ii) Alternate I (OCT 1995) of 52.219-6. ___ (iii) Alternate II (MAR 2004) of 52.219-6. ___ (6)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644). ___ (ii) Alternate I (OCT 1995) of 52.219-7. ___ (iii) Alternate II (MAR 2004) of 52.219-7. ___ (7) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637 (d)(2) and (3)). ___ (8)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2002) (15 U.S.C. 637(d)(4)). ___ (ii) Alternate I (OCT 2001) of 52.219-9 ___(iii) Alternate II (OCT 2001) of 52.219-9. ___ (9) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)). ___ (10)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (JUNE 2003) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). ___ (ii) Alternate I (JUNE 2003) of 52.219-23. ___ (11) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (OCT 1999) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (12) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (13) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004). _XX__ (14) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755). _XX__ (15) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jun 2004) (E.O. 13126). _XX__ (16) 52.222-21, Prohibition of Segregated Facilities (FEB 1999). _XX__ (17) 52.222-26, Equal Opportunity (APR 2002) (E.O. 11246). _XX__ (18) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (DEC 2001) (38 U.S.C. 4212). _XX__ (19) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793). _XX__ (20) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (DEC 2001) (38 U.S.C. 4212). _XX__ (21) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201). ___ (22)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (AUG 2000) (42 U.S.C. 6962(c)(3)(A)(ii)). ___ (ii) Alternate I (AUG 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). ___ (23) 52.225-1, Buy American Act--Supplies (JUNE 2003) (41 U.S.C. 10a-10d). ___ (24)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (Jan 2005) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286). ___ (ii) Alternate I (JAN 2004) of 52.225-3. ___ (iii) Alternate II (JAN 2004) of 52.225-3. ___ (25) 52.225-5, Trade Agreements (Jan 2005) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). ___ (26) 52.225-13, Restrictions on Certain Foreign Purchases (OCT 2003) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of Treasury). ___ (27) 52.225-15, Sanctioned European Union Country End Products (FEB 2000) (E.O. 12849). ___ (28) 52.225-16, Sanctioned European Union Country Services (FEB 2000) (E.O. 12849). ___ (29) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). ____ (30) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _XX___ (31) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31 U.S.C. 3332). ____ (32) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332). _XX___ (33) 52.232-36, Payment by Third Party (MAY 1999) (31 U.S.C. 3332). _XX___ (34) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a). ____ (35)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (APR 2003) (46 U.S.C. Appx 1241 and 10 U.S.C. 2631). ____ (ii) Alternate I (APR 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ____ (1) 52.222-41, Service Contract Act of 1965, as Amended (MAY 1989) (41 U.S.C. 351, et seq.). ____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (February 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ____ (5) 52.222-47, SCA Minimum Wages and Fringe Benefits Applicable to Successor Contract Pursuant to Predecessor Contractor Collective Bargaining Agreements (CBA) (May 1989) (41 U.S.C. 351, et seq.). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vi) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-- (i) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $500,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (ii) 52.222-26, Equal Opportunity (April 2002) (E.O. 11246). (iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (December 2001) (38 U.S.C. 4212). (iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201). (vi) 52.222-41, Service Contract Act of 1965, as Amended (May 1989), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.). (vii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (April 2003) (46 U.S.C. Appx 1241 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (JAN 2009) (DEVIATION) (a) In addition to the clauses listed in paragraph (b) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5) (Apr 2009) (DEVIATION), the Contractor shall include the terms of the following clause, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract: 252.225-7014Preference for Domestic Specialty Metals, Alternate I (APR 2003) (10 U.S.C. 2533a). 252.237-7019Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375). 252.247-7023Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631) 252.247-7024Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631) (End of clause).
 

Web Link

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(https://www.fbo.gov/spg/USA/NGB/DAHA40/W912L7-09-T-0044/listing.html)
 

Place of Performance

Address: USPFO for Tennessee P.O. Box 40748, Nashville TN<br />

Zip Code: 37204-0748<br />
 

Record

SN01866150-W 20090708/090706235858-1d57fc4315d6c56da0989d35a3ec3b35 (fbodaily.com)
 

Source

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