MODIFICATION
Q -- RAMPS & STAIRGLIDES
- Notice Date
- 9/18/2010
- Notice Type
- Modification/Amendment
- NAICS
- 624120
— Services for the Elderly and Persons with Disabilities
- Contracting Office
- VA Connecticut;950 Campbell Avenue;West Haven CT 06516
- ZIP Code
- 06516
- Solicitation Number
- VA24110RQ0718
- Response Due
- 9/22/2010
- Archive Date
- 10/18/2010
- Point of Contact
- Mark S Aligata
- E-Mail Address
-
cting
- Small Business Set-Aside
- N/A
- Description
- I. SCOPE OF WORK: Contractor is to furnish all labor, parts, and travel necessary to provide handicap adaptive vehicle conversions and vehicle lift systems to veterans approved for such services by the VA Medical Center, 1 VA Center, Augusta, ME 04330. Work will be completed within the geographic boundaries of the State of Maine, either at the contractor's facility or the veteran's home. II. QUALIFICATIONS: A. Each respondent must have an established business, with an office and full time staff fully trained and capable of providing the services to the Government. B. If subcontractors are used, they must be approved in advance by the Contracting Officer. The contractor shall submit any proposed change in subcontractor(s) to the Contracting Officer for approval/disapproval. The BPA holder shall provide to Contracting Officer (CO) a list of all teaming partners or subcontractors within 10 calendar days after order award. As subcontractors and/or teaming partners are added, and/or deleted, an updated listing will be provided to the CO within 10 calendar days of such change. Authorized Government personnel shall accompany all visits to VA Medical Center, Togus, Maine Program Offices, unless other specific arrangements have been made. III. SERVICES TO BE PROVIDED: A. Lifts for Vehicles Contractor shall first furnish a quote and submit it to the Prosthetics Representative for approval. Upon approval, vendor is to install wheelchair lifts on vehicles owned by veterans. These vehicles will be of different makes and models. The contractor will be responsible for providing and installing the correct lifts for the different vehicle models. All lifts will be provided and installed at contractors premises. Work may include but not limited to installing van lifts, tie downs, lowering the floor, raising the roof, installing backup battery systems, extending the doors, electric door openers, removal and relocation of gas tanks and possible other operational equipment (suitcase type ramps will not be approved). The contractor will complete the work in a timely manner and will notify the veteran when the work is completed. The contractor shall furnish a schedule for maintenance to the veteran upon completion of the installation of the devices. In the event that any damage is caused to the veteran's vehicle, it will be the sole responsibility of the contractor to resolve the issue. The contractor should be National Mobility Equipment Dealers Association (NMEDA) approved and will follow all National Highway Traffic Safety Administration (NHTSA) regulations. Upon completion of the work the contractor will issue an invoice to Prosthetic & Sensory Aids Service, 1 VA Center, Togus, Maine 04330. B. Conversions of vehicles: Contractor shall first furnish a quote and submit it to the Prosthetics Representative for approval. Upon approval, vendor is to perform vehicle conversions on vehicles owned by veterans. These vehicles will be of different makes and models. The contractor will be responsible for any conversions necessary to convert a vehicle to handicap accessible. These conversions may include lowering the floor, raising the roof, modifying operational equipment such as gas and brake pedals. Provide and install the correct adaptive equipment for the different vehicle models. All work will be provided and installed at contractor's premises. The contractor will complete the work in a timely manner and will notify the veteran when the work is completed. The contractor shall furnish a schedule for maintenance to the veteran upon completion of the installation of the devices. In the event that any damage is caused to the veteran's vehicle, it will be the sole responsibility of the contractor to resolve the issue. The contractor should be National Mobility Equipment Dealers Association (NMEDA) approved and will follow all National Highway Traffic Safety Administration (NHTSA) regulations. Upon completion of the work the contractor will issue an invoice to Prosthetic & Sensory Aids Service, 1 VA Center, Togus, Maine 04330. IV. SPECIAL INSTRUCTIONS: 1. AUTHORITY: This BPA is entered into pursuant to the Federal Acquisition Regulation Part 13.303-2. 2. DESCRIPTION OF AGREEMENT: a. Supplier shall furnish adaptive equipment for vehicles, vehicle lifts, labor and related parts and services if and when requested by the Contracting Officer or his authorized representative. The BPA holder shall furnish all the necessary qualified personnel, materials, facilities and management resources to furnish the services set forth in the Statement of Objectives (SOO) or the Performance Work Statement (PWS) within the terms specified and at the price(s) stated. It is understood and agreed that the BPA holder shall provide Fixed-Price proposals when requested by the Contracting Officer (CO). The contractor's proposal shall be priced using labor rates and labor categories here in provided. The CO will issue Fixed Priced Task Orders upon completion of negotiations of contractor proposals. b. All services will be initiated within 30 calendar days following receipt of a valid order, unless otherwise specified in the order. c. The BPA holder shall be familiar with Federal Government and VA Medical Center, Togus, Maine acquisition regulations, directives and instructions. If a particular document is required in a specific order, it will be cited within the order's PWS. d. The BPA holder shall not provide technical direction to any other acquisition BPA holder(s) or government personnel at any time. Neither shall the Government directly supervise BPA holder employees. The BPA holder Task Leader should conduct Day to day supervision of BPA holder personnel wherever the BPA holder personnel are located. All direction of the BPA holder shall be through the Contracting Officer (CO) of the ordering organization specified in each individual order. Technical "tasking" assignments for the BPA holder will be transmitted by the program office's COTR (or program manager) to the BPA holder's Task Leader. 3. TERM OF CONTRACT: This contract is for a base year plus four (4) option years to begin on or about 1 October 2010. If all option years are exercised then this contract would expire on or about 30 September 2015. This contract may be terminated before the estimated expiration date upon a thirty (30) day notice to the contractor. 4. EXTENT OF OBLIGATION: The Togus VA Medical Center and the U.S. Government are obligated only to the extent of calls actually placed against the BPA by authorized individuals. This BPA does not obligate any funds. 5. PRICING: Pricing for items purchased under this agreement shall be as low as or lower than those charged to the supplier's most favored customer, in addition to any trade discount or prompt payment discount. Pricing will be negotiated per service. Labor rates shall be fixed at the industry standard. All quotes will be furnished to Prosthetic & Sensory Aids Service, 1 VA Center, Togus, Maine 04330 prior to commencement of any work. The Prosthetic Chief and the Contracting Officer are the only ones authorized to approve quotes and authorize the work to be performed. The veteran is not authorized to change any scope of work or authorize any additional work after approval of the quote. 6. CALL LIMITATIONS: No single call or order may exceed dollar limitations as set forth in Paragraph 5 below. Calls placed by others not listed will be considered as unauthorized and are not subject to payment. Splitting calls to avoid dollar limitations is prohibited by Federal Regulation. Individuals shall be held liable for all charges outside authorized parameters. 7. INDIVIDUALS AUTHORIZED TO PLACE CALLS AGAINST BPA: Listed below are personnel that are authorized to place calls against this Blanket Purchase Agreement. Only those calls within the dollar limitations that originate from the individuals as set forth from the list below are to be honored. The Supplier will be notified of changes of individuals authorized to place calls by issuance of an official Modification to this agreement. NAMELOCATION$ LIMITATION PER CALL MICHELLE WEEKS PROSTHETICS$100,000.00 KIM MICHAUDPROSTHETICS$100,000.00 7. DELIVERY TICKETS OR SALES SLIPS: All deliveries or shipments under this agreement shall be accompanied by a delivery ticket or sales slip. The delivery ticket or sales slip must have at least the following information as applicable: a. Name of supplier. b. Blanket Purchase Agreement Number: c. Date of call. d. Call number. (Beginning with number 0001). e. Itemized list of supplies or services furnished. f. Vehicle number if item is an auto part. g. Type vehicle if item is an auto part. h. Quantity, unit price, and extension of each item purchased, less applicable discounts. (Unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information). i. Date of delivery or shipment. j. Signature of individual receiving the supplies, parts and/or services. k. Name of person placing the call against this BPA. 8. PACKAGING AND MARKING REQUIREMENTS: Supplies ordered under this agreement shall be commercially packed (Small items of the same type shall be packed together or separate from other small items). Each outside container must be marked or tagged with BPA number, call number, and quantity of items in container. 9. SPECIAL SHIPPING INSTRUCTIONS: "Show transportation charges as separate item on the invoice. "Include a copy of the freight bill with your invoice if transportation charges are more than $25.00. "Postal insurance is not reimbursable. "Ship prepaid via the most economical means. Commercial shipping charges exceeding Government rates by more than 10 percent will not be reimbursed. THE FOB POINT FOR THIS BPA WILL BE DETERMINED PER CALL. THE PRICES LISTED ARE FOB DESTINATION, REGULAR GROUND DELIVERY. 10. INVOICES: A summary invoice shall be submitted at least monthly or upon expiration of this agreement whichever occurs first. All purchases made during a billing period and for which payment has not yet been received shall be listed. The summary invoice shall identify the delivery tickets covered therein, stating their total dollar value, and supported by receipted copies of delivery tickets. Inspection and acceptance shall be accomplished as follows The Government for all services furnished under any resulting order hereby designates the COTR in the program office as the point of final inspection and acceptance. The BPA holder will submit each invoice, including all back-up data, to the Prosthetics Manager for review and signature. When the Prosthetics Manager receives an accurate and complete invoice, he/she will forward the signed invoice to the Chief Financial Officer (CFO) within five (5) working days for payment. Final payment for each order will be accomplished by final invoice accompanied by a receiving report. If the invoice is incomplete or inaccurate, the CO will return the unsigned invoice to the BPA holder for correction. 11. PAYMENT TERMS: NET 30, unless a PROMPT PAYMENT DISCOUNT is offered on the invoice. Togus VA Medical Center is STATE SALES TAX EXEMPT. 12. SPECIAL PROVISIONS: A. WARRANTY: All products will be warranted free from defect and workmanship in accordance with accepted commercial practices. Contractor's shipping document and containers shall be marked to indicate that a warranty is involved. A copy of the warranty shall be included with the shipping document. (Applies to all items with warranties.) B.NOTICE TO SUPPLIER: It is the specific intent of the Government that the only contract with the supplier is that found in the terms of the purchase order. 13. CONTRACTING OFFICERS TECHNICAL REPRESENTATIVE (COTR): The contracting Officer's The contracting Officer's Representative (COTR) for this contract will be either Kim Michaud, Prosthetics Manager or Michelle Weeks, Inventory Specialist, Department of Veterans Affairs, 1 VA Center, Togus, ME 04330. Telephone: (207) 623-8411 Ext 5769 and 4366. This authority shall extend to the following: inspection, acceptance, or rejection of work. This designation does not include authority to direct changes in scope, price, terms or conditions of the contract or order. The authority herein also does not include authority to execute modifications to the contract or order, which require the signature of the Contracting Officer, or to bind the Government by contract in terms of a proposed contract change. 14. PROHIBITED ACTIVITIES: The BPA holder shall not perform tasks under any resultant order which involve the following: (a) Preparation of any statement of requirements, objectives, or needs to be procured by the Government for adaptive vehicles services, whether to be acquired by future orders under the Prosthetics program/GSA Federal Supply Services Schedule, or by any other contract action at VA Medical Center, Togus, Maine; (b) Evaluation of the qualifications of a potential source or any proposal for a contract or order by the Government for adaptive vehicles services or any other supplies or services; (c) Formulation of "best value" criteria, acquisition plans, solicitations or strategies for the purchase of adaptive vehicles-like services; (d) Preparation of documentation for future orders for adaptive vehicles services. 15. LABOR HOUR ORDERS: a. It is intended that the majority of orders issued for performance under this BPA will be Fixed-Priced Task Orders. However, on occasion Labor Hour Task Orders may be issued. This section applies to such orders only. b. The BPA holder shall furnish all the necessary qualified personnel, materials, facilities and management resources to furnish the services set forth in the Statement of Objectives (SOO) or the Performance Work Statement (PWS) within the terms specified and at the price(s) stated. All orders will be issued and modified at the labor rates in effect at the time the work is performed. c. It is understood and agreed that the BPA holder shall use in the performance of the contract, the labor categories and hours specified in each order. d. The labor categories and hours specified in each order represent the current best estimate of the services to be performed. To enhance flexibility and to allow the BPA holder to determine the optimum labor mix for the order the BPA holder may without notice to the Government, increase or decrease the number of hours for each category specified in the individual order by no more than 50%. These adjustments are allowable only to the extent that the ceiling price and the total number of hours of the labor CLIN(s) are not exceeded. The BPA holder will not be paid more than the ceiling price of any individual order. e. There is NO Government Reimbursement of BPA holder-Incurred Training Costs in Support of Mission-Unique VA Medical Center, Togus, Maine Requirements. BPA holder personnel are required to possess all the skills necessary to support at least the minimum requirements of the Performance Work Statement (PWS) tasking for the labor category under which they are performing. Training to meet such minimum requirements must be provided by the BPA holder and is included in the fixed price labor rates. f. In the event the BPA holder expends fewer hours than set forth in the individual order, the total order shall be adjusted to reflect the actual number of hours expended and the final order price. In no case will the final price exceed the ceiling price of the order. g. Notwithstanding any other provision, the BPA holder shall maintain sufficient accounting records for verification of the hours and categories of labor incurred in the performance of each order. It is further understood and agreed that the accounting records shall be available for Government review during the performance of the contract and until three years after final payment under the contract. In the event subcontract labor is included in the labor effort contained in paragraph (c) above, the foregoing records provisions shall be included in all applicable subcontracts. h. Payment under individual orders for CLINs (to be specified in order) will be in accordance with FAR 52.232-7 entitled "Payments under Time-and-Materials and Labor-Hour Contracts." Withholding of amounts due as contemplated by the clause will apply to the total contract and not to individual orders. Withholding will not exceed (to be specified in order)for the entire contract, regardless of the number of orders issued against the contract, and will apply to the first order and continue until the maximum withholding amount is reached. To facilitate closeout of early orders, the amount withheld may be transferred to any subsequent active order. Ceiling price, as used in the clause, applies to each individual order, not to the total contract. 16. FEDERAL HOLIDAYS: Unless specifically authorized in writing by the Contracting Officer, no services will be provided and no charges will be incurred and/or billed to any order on this contract on any of the Federal Holidays listed below. New Years DayLabor Day Martin Luther King DayColumbus Day Presidents' DayVeterans' Day Memorial DayThanksgiving Day Independence DayChristmas Day 17. NONPERSONAL SERVICES a. In performance of this contract, the BPA holder will provide support in the form of services required by program offices to support management of their overall mission. This will be based upon the order's performance work statement for the specific effort. Orders will be formally issued to the BPA holder as opposed to individual BPA holder employees. b. The services required under the Agreement constitute professional and management services within the definition provided by FAR 37.201. Under this Agreement the Government will obtain professional services, which are essential to the VA Medical Center, Togus, Maine mission but not otherwise available within VA Medical Center, Togus, Maine. c. The Government will neither supervise BPA holder employees nor control the method by which the BPA holder performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual BPA holder employees. It shall be the responsibility of the BPA holder to manage their employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the BPA holder feels that any actions constitute, or are perceived to constitute personal services, it shall be the BPA holder's further responsibility to notify the Contracting Officer immediately. d. These services shall not be used to perform work of a policy/ decision making or management nature. All decisions relative to programs supported by BPA holders will be the sole responsibility of the Government. Support services will not be ordered to circumvent personnel ceilings, pay limitations, or competitive employment procedures. PREVAILING TERMS AND CONDITIONS All orders placed against this BPA are subject to the terms and conditions of the all clauses and provisions in full text or incorporated by reference herein: 52.212-4 Contract Terms and Conditions-Commercial Items. (Oct 2003) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (APR 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.] [x] (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 Total HUBZone Set-Aside (JAN 1999) (15 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) (15 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) of 52.219-5. [] (iii) Alternate II (JUNE 2003) of 52.219-5. [X] (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. [] (iii) Alternate II (OCT 1998) 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) [] (14) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755). [X] (15) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JUN 2004) (E.O. 13126). [X] (16) 52.222-21, Prohibition of Segregated Facilities (FEB 1999). [X] (17) 52.222-26, Equal Opportunity (APR 2002) (E.O. 11246). [X] (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). [X] (19) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793). [X] (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). [X] (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)). [X] (23) 52.225-1, Buy American Act--Supplies (JUNE 2003) (41 U.S.C. 10a-10d). [X] (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. [X] (25) 52.225-5, Trade Agreements (JAN 2005) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [X] (26) 52.225-13, Restrictions on Certain Foreign Purchases (MAR 2005) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the 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)). [X] (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). [] (33) 52.232-36, Payment by Third Party (MAY 1999) (31 U.S.C. 3332). [] (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) 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 30 days. (End of clause) 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 30 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 five (5) years. (End of clause)
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