Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF APRIL 02, 2014 FBO #4512
DOCUMENT

84 -- Employee Uniforms - Attachment

Notice Date

3/31/2014
 

Notice Type

Attachment
 

NAICS

315190 — Other Apparel Knitting Mills
 

Contracting Office

Department of Veterans Affairs;Ann Arbor Healthcare System;Network 11 Contract Office;2215 Fuller Road;Ann Arbor MI 48105
 

ZIP Code

48105
 

Solicitation Number

VA25114Q0229
 

Response Due

4/3/2014
 

Archive Date

5/3/2014
 

Point of Contact

Kellie J Theisen
 

E-Mail Address

2-4330<br
 

Small Business Set-Aside

N/A
 

Description

SECTION A A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS Table of Contents SECTION A1 A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS1 SECTION B - CONTINUATION OF SF 1449 BLOCKS3 B.1 CONTRACT ADMINISTRATION DATA3 B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)4 B.3 SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE (JUN 2011)4 B.4 Price/Cost Schedule6 Item Information6 B.5 Delivery Schedule16 SECTION C - CONTRACT CLAUSES17 C.1 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (SEP 2013)17 C.2 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)22 C.3 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009)22 C.4 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)23 C.5 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008)24 C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JAN 2014)24 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 00553 Department of Veterans Affairs Ann Arbor Healthcare System Network 11 Contract Office 2215 Fuller Road Ann Arbor MI 48105 2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with: [X]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[] 4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests. Department of Veterans Affairs Financial Management System PO 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 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 SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE (JUN 2011) This solicitation includes VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, and VAAR 852.215-71, Evaluation Factor Commitments. Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the contractor's business records or other proprietary data to review such business records regarding contract 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 compliance with the subcontracting commitments. (End of Clause) Statement of Work Uniform Purchase John D. Dingell VA Medical Center 4646 John R Detroit, MI 48201 Schedule Information: The contractor shall provide all labor, materials, supplies and equipment necessary to provide uniforms for hospital personnel, including, but not limited to, lab coats of various sizes and colors, various styles, sizes and colors of medical scrubs, as well as uniforms used by warehouse, kitchen, and environmental services. Contractor will have 30 (thirty) days from date of posting to submit bid. Bid is to include all costs associated, including shipping and handling. Goods are to be received at the John D. Dingell VA Medical Center no later than 2 (two) weeks from award date. Description of Supplies/Services: 1.The contractor shall be responsible for providing pants and shirts for environmental wage employee. Pants are to be "cargo" style in both men's and women's sizes and navy in color. Material for pants to be a 65% polyester 35% cotton blend. All shirts are button front and to be a 65% polyester 35% cotton blend and chambray in color and have two flap button closure breast pockets. Wage grade employees may require either short sleeved or long sleeved shirts or a combination of both. Extra long sleeve length may be required for certain employees. Sizes available up to and including 5XL. Each shirt will have "VA Medical Center" in upper and lower case embroidered in white thread above the left breast pocket. 2.The contractor shall be responsible for providing pants and shirts for kitchen wage employee. Pants are to be flat front "everyday" style in both men's and women's sizes and black in color. Material for pants will be a 65% polyester 35% cotton blend. All shirts will be button front, 100% polyester, with left breast pocket. Shirts will be short sleeved and available up to and including 5XL. Each shirt will have "VA Medical Center" in upper and lower case embroidered in white thread above the left breast pocket. 3.The contractor shall be responsible for providing pants and shirts for kitchen supervisory personnel. Pants will be as described in Item 2 above. Shirts will be of "polo" style with button placket front and knit collar. Shirt will be gray and white "heather" color, short sleeved, with a left breast pocket. Shirts will be available in sizes up to and including 5XL. Each shirt will have "VA Medical Center" in upper and lower case embroidered in white thread above the left breast pocket. 4.The contractor shall be responsible for providing pants and shirts for kitchen chef personnel. Pants will be as described in Item 2 above. Material for chef coats will be 65% polyester 35% cotton blend. Chef coasts will be a double breasted style with plastic buttons and stand up collar with a left breast pocket and pocket on the upper left sleeve. The coat will be white in color and available in both long and short sleeves. Coats will be available in sizes up to and including 5XL. Each coat will have "VA Medical Center" in upper and lower case embroidered in black thread above the left breast pocket. 5.The contractor shall be responsible for providing lab coats, primarily white, but also in a variety of colors to medical center personnel. Material for lab coats will be 65% polyester 35% cotton twill. Lab coat are to be "staff-length" (39 inches), 2 lower pockets, pencil-divided left breast pocket, and side slash openings. Lab coats will be available in sizes 34 to 60. Each coat will have "VA Medical Center" in upper and lower case embroidered in black thread above the left breast pocket. 6.The contractor shall be responsible for providing scrubs, both tops and bottoms to a variety of hospital personnel. Scrubs will be available in both and separate tops and bottoms, and "unisex" in style. Material for scrubs will be a moisture wicking 65% cotton 35% cotton poplin blend and available in a variety of colors. Scrub tops will be short sleeved, v-necked, with left breast pocket, and have backstitching at stress points. Scrub pants will have a drawstring waistband, back hip pocket and be a standard 32 inch inseam in "cargo" style. Scrubs will be available in sizes XS - 5XL, with ability to secure size 6XL if necessary. 7.Pricing is to include unit price per article. Any and all service related fees (i.e. embroidery, hemming) are to be noted separately. 8.All packing slip(s) are to include Veterans Affairs purchase order number as assigned. Payment: Invoices shall reference the appropriate purchase order number and be submitted through the OB10 system for processing. Payments are made by VA Financial Services Center, Post Office Box 149971, Austin, TX 78714. Contact Information: The Program Support Assistant for the John D. Dingell VA Medical Center Environmental Management Services is Vivian Mundy. Ms. Mundy can be reached at (313) 576-3229. B.4 Price/Cost Schedule Item Information ITEM NUMBERDESCRIPTION OF SUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT 1Scrub Pants, Draw String Waste, Cargo Style 65/35 Polyester/Cotton Blend Size: 2XL Color: Navy Vendor: Prism Medical 15.00EA____________________________________ 3Scrub Pants, Draw String Waste, Cargo Style 65/35 Polyester/Cotton Blend Size: 3XL Color: Navy Vendor: Prism Medical LOCAL STOCK NUMBER: NA - 5.00EA____________________________________ 4Scrub Pants, Draw String Waste, Cargo Style 65/35 Polyester/Cotton Blend Size: Large Color: Navy Vendor: Prism Medical LOCAL STOCK NUMBER: NA - 53.00EA____________________________________ 5Scrub Pants, Draw String Waste, Cargo Style 65/35 Polyester/Cotton Blend Size: Medium Color: Navy Vendor: Prism Medical LOCAL STOCK NUMBER: NA - 40.00EA____________________________________ 6Scrub Pants, Draw String Waste, Cargo Style 65/35 Polyester/Cotton Blend Size: Small Color: Navy Vendor: Prism Medical LOCAL STOCK NUMBER: NA - 25.00EA____________________________________ 7Scrub Pants, Draw String Waste, Cargo Style 65/35 Polyester/Cotton Blend Size: XLarge Color: Navy Vendor: Prism Medical LOCAL STOCK NUMBER: NA - 22.00EA____________________________________ 8Scrub Pants, Draw String Waste, Cargo Style 65/35 Polyester/Cotton Blend Size: XSmall Color: Navy Vendor: Prism Medical LOCAL STOCK NUMBER: NA - 5.00EA____________________________________ 9Scrub Top, V-Neck, Left Breast Pocket 65/35 Polyester/Cotton Blend Size: 2XL Color: Navy Vender: Prism Medical Embroider in block letters, white thread, above left breast pocket - "VA Medical Cente LOCAL STOCK NUMBER: NA - 40.00EA____________________________________ 10Scrub Top, V-Neck, Left Breast Pocket 65/35 Polyester/Cotton Blend Size: 3XL Color: Navy Vender: Prism Medical Embroider in block letters, white thread, above left breast pocket - "VA Medical Cente LOCAL STOCK NUMBER: NA - 9.00EA____________________________________ 11Scrub Top, V-Neck, Left Breast Pocket 65/35 Polyester/Cotton Blend Size: Large Color: Navy Vender: Prism Medical Embroider in block letters, white thread, above left breast pocket - "VA Medical Cen LOCAL STOCK NUMBER: NA - 43.00EA____________________________________ 12Scrub Top, V-Neck, Left Breast Pocket 65/35 Polyester/Cotton Blend Size: Medium Color: Navy Vender: Prism Medical Embroider in block letters, white thread, above left breast pocket - "VA Medical Ce LOCAL STOCK NUMBER: NA - 35.00EA____________________________________ 13Scrub Top, V-Neck, Left Breast Pocket 65/35 Polyester/Cotton Blend Size: Small Color: Navy Vender: Prism Medical Embroider in block letters, white thread, above left breast pocket - "VA Medical Cen LOCAL STOCK NUMBER: NA - 25.00EA____________________________________ 14Scrub Top, V-Neck, Left Breast Pocket 65/35 Polyester/Cotton Blend Size: XLarge Color: Navy Vender: Prism Medical Embroider in block letters, white thread, above left breast pocket - "VA Medical Ce LOCAL STOCK NUMBER: NA - 30.00EA____________________________________ 15Scrub Top, V-Neck, Left Breast Pocket 65/35 Polyester/Cotton Blend Size: XSmall Color: Navy Vender: Prism Medical Embroider in block letters, white thread, above left breast pocket - "VA Medical Ce LOCAL STOCK NUMBER: NA - 5.00EA____________________________________ 16Scrub Top, V-Neck, Left Breast Pocket 65/35 Polyester/Cotton Blend Size: 3XL Color: Burgundy Vender: Prism Medical Embroider in block letters, white thread, above left breast pocket - "VA Medical C LOCAL STOCK NUMBER: NA - 5.00EA____________________________________ 17Scrub Pants, Draw String Waste, Cargo Style 65/35 Polyester/Cotton Blend Size: 3XL Color: Burgundy Vendor: Prism Medical LOCAL STOCK NUMBER: NA - 5.00EA____________________________________ 18Lab Coat 65/35 Polyester/Cotton Blend Size: XLarge Color: Tan Embroider in block letters, white thread, above left breast pocket - "VA Medical Center" LOCAL STOCK NUMBER: NA - 12.00EA____________________________________ 19Lab Coat 65/35 Polyester/Cotton Blend Size: Medium Color: Tan Embroider in block letters, white thread, above left breast pocket - "VA Medical Center" LOCAL STOCK NUMBER: NA - 2.00EA____________________________________ 20Lab Coat 65/35 Polyester/Cotton Blend Size: Large Color: Tan Embroider in block letters, white thread, above left breast pocket - "VA Medical Center" LOCAL STOCK NUMBER: NA - 2.00EA____________________________________ 21Lab Coat 65/35 Polyester/Cotton Blend Size: XLarge Color: Tan Embroider in block letters, white thread, above left breast pocket - "VA Medical Center" LOCAL STOCK NUMBER: NA - 2.00EA____________________________________ 22Lab Coat 65/35 Polyester/Cotton Blend Size: 2XL Color: Burgundy Embroider in block letters, white thread, above left breast pocket - "VA Medical Center" LOCAL STOCK NUMBER: NA - 4.00EA____________________________________ 23Lab Coat 65/35 Polyester/Cotton Blend Size: Large Color: Burgundy Embroider in block letters, white thread, above left breast pocket - "VA Medical Center" LOCAL STOCK NUMBER: NA - 8.00EA____________________________________ 24Lab Coat 65/35 Polyester/Cotton Blend Size: Medium Color: Burgundy Embroider in block letters, white thread, above left breast pocket - "VA Medical Center" LOCAL STOCK NUMBER: NA - 8.00EA____________________________________ 25Lab Coat 65/35 Polyester/Cotton Blend Size: XLarge Color: Burgundy Embroider in block letters, white thread, above left breast pocket - "VA Medical Center" LOCAL STOCK NUMBER: NA - 2.00EA____________________________________ 26Lab Coat 65/35 Polyester/Cotton Blend Size: XLarge Color: Navy Embroider in block letters, white thread, above left breast pocket - "VA Medical Center" LOCAL STOCK NUMBER: NA - 2.00EA____________________________________ 27Lab Coat 65/35 Polyester/Cotton Blend Size: 4XL Color: Light Blue Embroider in block letters, white thread, above left breast pocket - "VA Medical Center" LOCAL STOCK NUMBER: NA - 4.00EA____________________________________ 28Lab Coat 65/35 Polyester/Cotton Blend Size: Large Color: Light Blue Embroider in block letters, white thread, above left breast pocket - "VA Medical Center" LOCAL STOCK NUMBER: NA - 2.00EA____________________________________ 29Lab Coat 65/35 Polyester/Cotton Blend Size: Medium Color: Light Blue Embroider in block letters, white thread, above left breast pocket - "VA Medical Center" LOCAL STOCK NUMBER: NA - 4.00EA____________________________________ 30Warm Up Jacket, Long Sleeve 65/35 Polyester/Cotton Blend Size: 4XL Color: Light Blue Embroider in block letters, white thread, above left breast pocket - "VA Medical Center" LOCAL STOCK NUMBER: NA - 4.00EA____________________________________ 31Warm Up Jacket, Long Sleeve 65/35 Polyester/Cotton Blend Size: Large Color: Light Blue Embroider in block letters, white thread, above left breast pocket - "VA Medical Center" LOCAL STOCK NUMBER: NA - 2.00EA____________________________________ 32Warm Up Jacket, Long Sleeve 65/35 Polyester/Cotton Blend Size: Medium Color: Light Blue Embroider in block letters, white thread, above left breast pocket - "VA Medical Center" LOCAL STOCK NUMBER: NA - 4.00EA____________________________________ 33Chambray Work Shirt 65/35 Polyester/Cotton Blend Long Sleeve Size: 2XL Vendor: Red Kap Item: SC-14 Embroider in block letter, in white thread above left breast pocket "VA Medical Center" LOCAL STOCK NUMBER: SC-14 - 4.00EA____________________________________ 34Chambray Work Shirt 65/35 Polyester/Cotton Blend Short Sleeve Size: 2XL Vendor: Red Kap Item: SC-24 Embroider in block letter, in white thread above left breast pocket "VA Medical Center" LOCAL STOCK NUMBER: SC-24 - 7.00EA____________________________________ 35Chambray Work Shirt 65/35 Polyester/Cotton Blend Short Sleeve Size: 3XL Vendor: Red Kap Item: SC-24 Embroider in block letter, in white thread above left breast pocket "VA Medical Center" LOCAL STOCK NUMBER: SC-24 - 20.00EA____________________________________ 36Chambray Work Shirt 65/35 Polyester/Cotton Blend Long Sleeve Size: 3XL Vendor: Red Kap Item: SC-14 Embroider in block letter, in white thread above left breast pocket "VA Medical Center" LOCAL STOCK NUMBER: SC-14 - 11.00EA____________________________________ 37Chambray Work Shirt 65/35 Polyester/Cotton Blend Long Sleeve Size: 4XL Vendor: Red Kap Item: SC-14 Embroider in block letter, in white thread above left breast pocket "VA Medical Center" LOCAL STOCK NUMBER: SC-14 - 3.00EA____________________________________ 38Chambray Work Shirt 65/35 Polyester/Cotton Blend Short Sleeve Size: Large Vendor: Red Kap Item: SC-24 Embroider in block letter, in white thread above left breast pocket "VA Medical Center" LOCAL STOCK NUMBER: SC-24 - 17.00EA____________________________________ 39Chambray Work Shirt 65/35 Polyester/Cotton Blend Short Sleeve Size: Medium Vendor: Red Kap Item: SC-24 Embroider in block letter, in white thread above left breast pocket "VA Medical Center" LOCAL STOCK NUMBER: SC-24 - 10.00EA____________________________________ 40Chambray Work Shirt 65/35 Polyester/Cotton Blend Long Sleeve Size: Medium Vendor: Red Kap Item: SC-14 Embroider in block letter, in white thread above left breast pocket "VA Medical Center" LOCAL STOCK NUMBER: SC-14 - 5.00EA____________________________________ 41Chambray Work Shirt 65/35 Polyester/Cotton Blend Short Sleeve Size: XLarge Vendor: Red Kap Item: SC-24 Embroider in block letter, in white thread above left breast pocket "VA Medical Center" LOCAL STOCK NUMBER: SC-24 - 7.00EA____________________________________ 42Chambray Work Shirt 65/35 Polyester/Cotton Blend Long Sleeve Size: XLarge Vendor: Red Kap Item: SC-14 Embroider in block letter, in white thread above left breast pocket "VA Medical Center" LOCAL STOCK NUMBER: SC-14 - 3.00EA____________________________________ 43Women's Navy Blue Cargo Pant 65/35 Polyester/Cotton Blend Inseam: 31" Vendor: Red Kap Item: PT-21 Size: 14 LOCAL STOCK NUMBER: PT-21 - 3.00EA____________________________________ 44Women's Navy Blue Cargo Pant 65/35 Polyester/Cotton Blend Inseam: 31" Vendor: Red Kap Item: PT-21 Size: 16 LOCAL STOCK NUMBER: PT-21 - 3.00EA____________________________________ 45Men's Navy Blue Cargo Pant 65/35 Polyester/Cotton Blend Vendor: Red Kap Item: PT-88 Size: 28/31 LOCAL STOCK NUMBER: PT-88 - 5.00EA____________________________________ 46Men's Navy Blue Cargo Pant 65/35 Polyester/Cotton Blend Vendor: Red Kap Item: PT-88 Size: 30/30 LOCAL STOCK NUMBER: PT-88 - 5.00EA____________________________________ 47Men's Navy Blue Cargo Pant 65/35 Polyester/Cotton Blend Vendor: Red Kap Item: PT-88 Size: 32/32 LOCAL STOCK NUMBER: PT-88 - 5.00EA____________________________________ 48Men's Navy Blue Cargo Pant 65/35 Polyester/Cotton Blend Vendor: Red Kap Item: PT-88 Size: 34/32 LOCAL STOCK NUMBER: PT-88 - 3.00EA____________________________________ 49Men's Navy Blue Cargo Pant 65/35 Polyester/Cotton Blend Vendor: Red Kap Item: PT-88 Size: 36/32 LOCAL STOCK NUMBER: PT-88 - 10.00EA____________________________________ 50Men's Navy Blue Cargo Pant 65/35 Polyester/Cotton Blend Vendor: Red Kap Item: PT-88 Size: 36/34 LOCAL STOCK NUMBER: PT-88 - 8.00EA____________________________________ 51Men's Navy Blue Cargo Pant 65/35 Polyester/Cotton Blend Vendor: Red Kap Item: PT-88 Size: 38/32 LOCAL STOCK NUMBER: PT-88 - 13.00EA____________________________________ 52Men's Navy Blue Cargo Pant 65/35 Polyester/Cotton Blend Vendor: Red Kap Item: PT-88 Size: 38/34 LOCAL STOCK NUMBER: PT-88 - 8.00EA____________________________________ 53Men's Navy Blue Cargo Pant 65/35 Polyester/Cotton Blend Vendor: Red Kap Item: PT-88 Size: 40/30 LOCAL STOCK NUMBER: PT-88 - 5.00EA____________________________________ 54Men's Navy Blue Cargo Pant 65/35 Polyester/Cotton Blend Vendor: Red Kap Item: PT-88 Size: 40/34 LOCAL STOCK NUMBER: PT-88 - 5.00EA____________________________________ 55Men's Navy Blue Cargo Pant 65/35 Polyester/Cotton Blend Vendor: Red Kap Item: PT-88 Size: 40/34 LOCAL STOCK NUMBER: PT-88 - 5.00EA____________________________________ 56Men's Navy Blue Cargo Pant 65/35 Polyester/Cotton Blend Vendor: Red Kap Item: PT-88 Size: 42/32 LOCAL STOCK NUMBER: PT-88 - 3.00EA____________________________________ 57Women's Navy Blue Cargo Pant 65/35 Polyester/Cotton Blend Inseam: 31" Vendor: Red Kap Item: PT-21 Size: 12 LOCAL STOCK NUMBER: PT-21 - 5.00EA____________________________________ 58Embroidery Costs 341 LOCAL STOCK NUMBER: NA - 341.00EA____________________________________ 59Shipping - Cannot exceed $249.99 if there is a shipping charge LOCAL STOCK NUMBER: NA - 1.00EA____________________________________ GRAND TOTAL__________________ B.5 Delivery Schedule ITEM NUMBERQUANTITYDELIVERY DATE 1SHIP TO:John D. Dingell VAMC 4646 John R. Street Detroit,MI 4820130 ARO MARK FOR: LL259 SECTION C - CONTRACT CLAUSES C.1 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (SEP 2013) (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. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. 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 Governmentwide 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 of 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-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), 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- (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the- (A) Circumstances of the overpayment (e.g., duplicate payment,erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected contract line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if- (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on- (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (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. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 4712 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, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations 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 (9) The specification. (t) System for Award Management (SAM). (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 SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM 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 SAM database to ensure it is current, accurate and complete. Updating information in the SAM 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 SAM 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 SAM 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 SAM 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 SAM database. Information provided to the Contractor's SAM 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 SAM accessed through https://www.acquisition.gov. (u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (i) Any such clause is unenforceable against the Government. (ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause. (iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. (End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS Clauses 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 clauses are incorporated into 52.212-4 as an addendum to this contract: C.2 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor. (End of Clause) C.3 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses or veteran-owned small businesses proposed as subcontractors in accordance with 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more service-disabled veteran-owned small businesses or veteran-owned small businesses for subcontract work of the same or similar value. (End of Clause) C.4 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) (a) Definitions. As used in this clause- (1) Contract financing payment has the meaning given in FAR 32.001. (2) Designated agency office has the meaning given in 5 CFR 1315.2(m). (3) Electronic form means an automated system transmitting information electronically according to the Accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests. (4) Invoice payment has the meaning given in FAR 32.001. (5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract. (b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required. (c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following: (1) VA's Electronic Invoice Presentment and Payment System. (See Web site at http://www.fsc.va.gov/einvoice.asp.) (2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org) includes additional information on EDI 810 and 811 formats. (d) Invoice requirements. Invoices shall comply with FAR 32.905. (e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for: (1) Awards made to foreign vendors for work performed outside the United States; (2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information; (3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies; (4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or (5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above. (End of Clause) FAR NumberTitleDate 52.232-39UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONSJUN 2013 52.232-40PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORSDEC 2013 C.5 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008) The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the Web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer. [Contracting officer shall list all FAR and 48 CFR Chapter 8 (VAAR) provisions and clauses incorporated by reference that must be completed by the offeror or prospective contractor and submitted with the quotation or offer.] (End of Provision) FAR NumberTitleDate 852.246-71INSPECTIONJAN 2008 (End of Addendum to 52.212-4) C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JAN 2014) (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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104 (g)). (2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (3) 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: [] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). [] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). [] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) [] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). [] (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (JUL 2010) (Pub. L. 111-5). [] (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C). [] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L. 111-117, section 743 of Div. C). [] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note). [] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). [] (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). [] (11) 52.219-3, Notice of HUBZone Set-Aside or Sole Source Award (NOV 2011) (15 U.S.C. 657a). [] (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). [] (13) [Reserved] [X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644). [] (ii) Alternate I (NOV 2011). [] (iii) Alternate II (NOV 2011). [] (15)(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. [] (16) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)). [] (17)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (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. [] (iv) Alternate III (JUL 2010) of 52.219-9. [] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)). [] (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)). [] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). [] (21)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (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. [] (22) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). [] (23) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). [] (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f). [X] (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)). [] (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). [] (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). [X] (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755). [X] (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2014) (E.O. 13126). [X] (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). [X] (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). [X] (32) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212). [X] (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). [X] (34) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). [] (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). [] (36) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) [] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b). [] (39)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). [] (ii) Alternate I (DEC 2007) of 52.223-16. [X] (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [X] (41) 52.225-1, Buy American Act-Supplies (FEB 2009) (41 U.S.C. 10a-10d). [] (42)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (NOV 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). [] (ii) Alternate I (MAR 2012) of 52.225-3. [] (iii) Alternate II (MAR 2012) of 52.225-3. [] (iv) Alternate III (NOV 2012) of 52.225-3. [] (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [X] (44) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). [] (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). [] (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). [] (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). [] (48) 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)). [] (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). [] (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). [X] (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). [] (52) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332). [] (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). [] (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) 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: [] (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (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) (Sep 2009) (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 (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). [] (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). [] (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (FEB 2009) (41 U.S.C. 351, et seq.). [] (7) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.13495). [] (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110-247) [] (9) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)). (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 this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements "(Nov 2007)" (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (FEB 2009)(41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (AUG 2013). (xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) 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)
 

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SN03324741-W 20140402/140331234602-a350504bd37b7e7345ee42ee092f6302 (fbodaily.com)
 

Source

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