DOCUMENT
V -- XPRESS COURIER SERVICE - Attachment
- Notice Date
- 2/5/2016
- Notice Type
- Attachment
- NAICS
- 492110
— Couriers and Express Delivery Services
- Contracting Office
- Department of Veterans Affairs;Chief, NCO 16 (90C/NLR);Central Arkansas Veterans HCS;2200 Fort Roots Drive, Bldg 41, Room 219;North Little Rock AR 72114 1706
- Solicitation Number
- VA25616Q0262
- Response Due
- 2/19/2016
- Archive Date
- 4/19/2016
- Point of Contact
- Bailey Long
- Small Business Set-Aside
- N/A
- Description
- 2.1 CONTRACT ADMINISTRATION DATA 1. Contract Administration: All contract administration matters will be handled by the following individuals: a. CONTRACTOR: b. GOVERNMENT: Contracting Officer 00256 Department of Veterans Affairs Chief, NCO 16 (90C/NLR) Central Arkansas Veterans HCS 2200 Fort Roots Drive, Bldg 41, Room 219 North Little Rock AR 72114 1706 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 System For Award Management, or []52.232-36, Payment by Third Party 3. INVOICES: Invoices shall be submitted in arrears: a. Quarterly[] b. Semi-Annually[] c. Other[X] Monthly in arrears 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 Service Center 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 2.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011) This solicitation includes VAAR 852.219-10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside; Federal Acquisition Regulation (FAR) 52.219-14, Limitations on Subcontracting. 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. 1.LOCATIONS: This is for courier service to the 5 VA-staffed Community Based Outpatient Clinics (CBOCs) and two contracted CBOCs. Supplies to be transported to Mountain Home CBOC Only. The addresses are: Searcy CBOC 1120 S. Main Street Searcy, AR 72142 Conway CBOC 1520 East Dave Ward Drive Conway, AR 72032 Russellville CBOC 3106 West 2nd Ct Russellville, AR 72801 Hot Springs CBOC 177 Sawtooth Oak Drive Hot Springs, AR 71901 El Dorado CBOC 514 E. 5th St. El Dorado, AR 71730 Contracted CBOCs: Mena CBOCPine Bluff CBOC 1706 Hwy 71 N.4747 Dusty Lake Dr. Mena, AR 71953Pine Bluff, AR 71603 Supplies pick-up and delivery only: Mountain Home CBOC (Supplies Pick-up and delivery only) 405 Buttercup Dr. Mountain Home, AR 72653 2.ORDERING, TRANSPORTATION, AND DELIVERY OF SERVICES: The courier service will be for the purpose of transporting collected laboratory specimens from each of the VA and contracted CBOCs to the main laboratory, located at 4300 West 7th Street, Little Rock, AR. The points of contact at the CBOCs are the laboratory personnel at each individual CBOC. In addition, the courier service will pick up the expendable medical supplies on a call for basis from the John McClellan Medical Center, 4300 w. 7th St, Little Rock, Arkansas, 72202, Room, GE 113. The supplies will be delivered as required to each of the CBOCs listed above. The expendable medical supplies require pick up within 2 hours of notification and delivery during the above identified normal operating hours for each individual CBOC. The courier may coordinate with the service and/or CBOC to streamline efficiency. At no time shall a contractor employee be considered or treated as a VA employee. Observed Federal Holidays Federal Holidays observed by the VAMC are: New Years' Day Martin Luther King Day Presidents' Day Memorial Day Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day Christmas Day If a holiday falls on Saturday the observed holiday is the Friday before. If the holiday falls on Sunday, the following Monday becomes the holiday 3.CONTACT PERSONS: For matters concerning Pathology & Laboratory Medicine Service requirements at the Searcy, Conway, Hot Springs, Russellville, El Dorado, Mena and Pine Bluff CBOCs, contact P&LMS Laboratory Supervisor; (501)257-6427. All Logistics requirements for all of the identified CBOCs should be discussed with Larry Gurley, Lead Inventory Management Specialist, Medical Supply and Distribution (MSD) Section; (501) 257-5003 or Mark Schneider, Acting Chief, MSD; (501) 257-1390. 4.Contracting Officer Representative: CBOC Laboratory Supervisor, (501) 257-6427 Acting Chief MSD, (501) 257-1390 4 a. CHANGES TO THE STATEMENT OF WORK The CO is the only individual authorized to approve changes or modify any of the requirements under this contract. Only a written modification which is formally executed by the contractor and the Contracting Officer is a valid modification. The Contractor shall communicate with the Contracting Officer's Representative (COR) on all matters pertaining to contract administration. The COR is designated to represent the CO in furnishing technical guidance and advice regarding the work being performed under this contract. The foregoing is not to be construed as authorization to interpret or furnish advice and information to the Contractor relative to the financial or legal aspects of the contract. Enforcement of these segments is vested in and is the responsibility of the CO. Only the CO is authorized to make commitments or issue changes affecting price, quantity or performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the CO, the change shall be considered to have been made without authority and no adjustment shall be made in the contract price to cover any increase in cost incurred as a result thereof. 5.SPECIFICATIONS OF PRODUCT AND SPECIAL REQUIREMENTS: Pathology & Laboratory Medicine Service: The courier service must pick up and deliver laboratory specimens each day Monday-Friday, from the CBOC laboratories in Searcy, Russellville, Hot Springs, Conway, and El Dorado and deliver these specimens to the Little Rock VA. Pickup and delivery times are as follows: LocationPick UpDelivery to CAVHS Searcy CBOC1500 M - F 1900 Conway CBOC1400 M - F 1900 Russellville CBOC1400 M - F 1900 Hot Springs CBOC1530 M - F 1900 El Dorado CBOC1600 M-F1900 The courier service will pick up and deliver laboratory specimens as needed M-F from the CBOC laboratories in Mena and Pine Bluff upon request of the CBOC and deliver specimens to the Little Rock VA laboratory by 1700. Central Arkansas Veterans Healthcare System/ P&LMS will provide the specimen transportation container for the laboratory specimens. The specimen transportation container will be in compliance with the regulations as established by the Department of Transportation. The containers will have a lock that can only be opened by CAVHS personnel. The specimen transportation container will have a controlled temperature environment that will provide acceptable temperature control of between 2-8 °C for refrigerated specimens and -10 to -20 °C for frozen specimens. The courier service will transport the specimen transportation container in a manner to maintain acceptable specimen temperatures. The specimen transportation container will be checked upon delivery of the laboratory specimens so as to determine that the laboratory specimens have been maintained at an acceptable temperature and that the transport container has remained securely locked. The temperature check will be conducted by P&LMS employees by using the infrared scanner. The courier will be responsible for delivering transportation container back to the individual CBOC locations for further specimen transportation. The courier will also pick up any mail at any of the four VA-staffed CBOCs and will deliver the mail to the CAVHS laboratory when the specimens are delivered. At the time the specimens are delivered to CAVHS laboratory, any outgoing supplies or mail in the lab holding area that needs to be delivered to a CBOC will be picked up and delivered to the respective CBOC the next day. This will be Monday-Friday only. There will not be a pickup on Friday afternoon for Monday delivery. The Courier Service employees shall wear a uniform and identification so that CAVHS employees can readily identify them as employees of the courier service. The employee(s) of the courier service will be expected to be professional and prompt in reporting to the CBOCs for specimen pickup. The Courier Service will notify the COR if there will be a delay in picking up specimens. This will need to be done immediately upon realization that the schedule cannot be maintained. If there is not going to be a pickup, such as inclement weather, the courier service will coordinate this with the COR as soon as possible. Logistics Service, MSD: The courier service must pick up and deliver expendable supplies on a call for basis Monday-Friday, from the John L. McClellan Medical Center in Little Rock, Room GE113, within 2 hours of notification and deliver these items to the identified CBOC front desk in Searcy, Russellville, Hot Springs, Conway, El Dorado, Mena, Pine Bluff, and Mountain Home. Expendable supplies will be available for pickup from 0700-1530 Monday - Friday; deliveries at the CBOCs will be accepted during the hours identified below: LocationDeliveries AcceptedCBOC POC and Phone Number Searcy CBOC1000-1400 M - F Candy Workman (501) 207-4700 Conway CBOC1000-1400 M - F Cecilia Corless (501)548-0500 Russellville CBOC1000-1400 M - F Martha Nichols (479) 880-5100 Hot Springs CBOC1000-1400 M - F Paula Vincent (501) 520-6250 El Dorado CBOC1000-1400 M - F Kim Havard (870) 881-4488 Mena CBOC1000-1400 M - F Karen Ward (479) 394-4800 Pine Bluff CBOC1000-1400 M - F Tarrah Lofton (870) 541-9300 Mountains Home CBOC1000-1400 M - F Chris Willett (870) 424-4109 The courier service will pick up and return expendable supplies and/or equipment, not to exceed 10 pounds per container, and deliver to the John L. McClellan Medical Center in Little Rock, Room GE113, as needed M-F from the CBOCs upon request of the CBOC or MSD by 1800. The courier service will take all necessary measures to prevent contamination of expendables supplies in transit. The courier will supply additional plastic bags in case bag becomes compromised during shipment. Supplies can remain in compromised bag and placed in new bag. The Courier Service employees shall wear a uniform and identification so that CAVHS employees can readily identify them as employees of the courier service. The employee(s) of the courier service will be expected to be professional and prompt in reporting to the CBOCs for delivery and pickup. The Courier Service will notify the COR if there will be a delay in picking up expendable supplies. If there is not going to be a pickup, such as inclement weather, the courier service will coordinate this with the COR as soon as possible. 6.CONFIDENTIALITY AND NONDISCLOSURE: The Contractor understands and agrees that confidential information (patients, employee, or facility) must be secured and protected at all times. The Contractor and its personnel shall be held liable in the event a breach of confidentiality occurs as a result of the Contractor or its employees. The Contractor shall sign a Business Associates Agreement, as required in VHA Handbook 1600.01, Business Associate Agreements. Any person who knowingly or willingly discloses confidential information belonging to the VA Medical Center may be subject to fines. 7.CONTRACTOR PERSONNEL SECURITY REQUIREMENTS: 1)POSITION SENSITIVITY: The position sensitivity / risk level has been designated Nonsensitive/Low Risk. 2)BACKGROUND INVESTIGATION: The level of background investigation commensurate with the required level of access is Minimum. 3)CONTRACTOR RESPONSIBILITIES: The contractor shall bear the expense of obtaining background investigations commensurate with the required level of access which is Minimum. The preferred method is to deduct the cost for background investigations from invoices. The average cost per NACL was $279.00 for FY 2012. a.The contractor shall submit, or have their employees submit the following required forms to the Contracting Officer. 1.VSC Forms 1, 2 and 3 2.Fingerprints (can be performed at CAVHS or local police station) 3.Optional Form 306, "Declaration for Federal Employment" 4.Contractor Rules of Behavior. b.The contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract/ c.Failure to comply with contractor personnel security requirements may result in termination of the contract for default. 8.CONTINUITY OF SERVICES/REPLACEMENT STAFF: 1)The Contractor point of contact shall ensure that qualified personnel are available to provide coverage during scheduled and unscheduled absences of primary contract providers or when they will be unable to provide services for one (1) or more consecutive days. To prevent unexpected and unanticipated call-ins by Contract couriers that are scheduled to work, the Contractor will counsel Contract Staff, verbally and in writing, if staff members frequently call-in (>2 in a month) or if a pattern occurs (call-in on days attached to a non-work day/holiday, or calling in on weekends exceeding 2 occurrences per year). If the problem persists following counseling, the assignment of the contract employee may be requested to end. The Contractor should be able to provide rationale for contract staff member(s) absence if requested. The Government will award a single contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: 1.The evaluation factors are: a.Technical b.Past Performance c.Price A. Technical: Capability/Technical to perform services as indicated in the solicitation for offer by furnishing the following information: 1.Provide business location and length of time in business performing similar services. Provide length of time service has been provided at this site. Business Location: ____________________________________________ Length of Time Service Provided at This Site: ______________________ Length of Time in Business Performing Similar Services_______________ 2.Number of personnel regularly employed on a full time basis ___________ 3.Staff Training - indicate length and type of training and work experience of individuals assigned to perform under this contract, for the service identified. Training documentation should be as detailed as possible, indicating the source and dates of training, where performed, etc., and shall relate to the training required by this contract. For new employees, indicate planned training and schedule, along with any related/relevant prior work experience. 4.Employee Name, Type and Length of Training, and Work Experience for Each Employee Performing on This Contract. B. Past Performance: Provide a minimum of three references below for courier services including names and phone numbers of responsible individuals who would have firsthand knowledge of performance. Past performance references with other clinical/medical facilities is preferred. Print Please Vendor Name: __________________________________________________ Vendor Address: ________________________________________________ Contact Person: ________________________ Title: ___________________ Telephone Number: ______________________________________________ Email address:__________________________________________________ Vendor Name: __________________________________________________ Vendor Address: ________________________________________________ Contact Person: _____________________ Title: _______________________ Telephone Number: ______________________________________________ Email address:__________________________________________________ Vendor Name: __________________________________________________ Vendor Address: ________________________________________________ Contact Person: ______________________ Title: ______________________ Telephone Number: ______________________________________________ Email address:__________________________________________________ C. Price Past Performance and Technical factors when combined, are significantly more important than cost or price. NARA RM Language Clause to be included in contracts, as necessary: 1. Citations to pertinent laws, codes and regulations such as 44 U.S.C Chapter 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228. 2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. 3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government 'IT' equipment and/or Government records. 4. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act. 5. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract or identified in the RCS 10-1. 6. The Government Agency owns the rights to all data/records produced as part of this contract. 7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data. 8. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.]. 9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules. 10. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information. 2.3 PRICE/COST SCHEDULE ITEM INFORMATION ITEM NUMBERDESCRIPTION OF SUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT 0001LAB SPECIMEN DELIVERY FOR SEARCY, RUSSELLVILLE, CONWAY, HOT SPRINGS, EL DORADO, MENA & PINE BLUFF CBOCS. Contract Period: Base POP Begin: 04-01-2016 POP End: 03-31-2017 12.00MO____________________________________ 0002MSD SUPPLY DELIVERY TO CBOCS Contract Period: Base POP Begin: 04-01-2016 POP End: 03-31-2017 12.00MO____________________________________ 1001LAB SPECIMEN DELIVERY FOR SEARCY, RUSSELLVILLE, CONWAY, HOT SPRINGS, EL DORADO, MENA & PINE BLUFF CBOCS. Contract Period: Option 1 POP Begin: 04-01-2017 POP End: 03-31-2018 12.00MO____________________________________ 1002MSD SUPPLY DELIVERY TO CBOCS Contract Period: Option 1 POP Begin: 04-01-2017 POP End: 03-31-2018 12.00MO____________________________________ 2001LAB SPECIMEN DELIVERY FOR SEARCY, RUSSELLVILLE, CONWAY, HOT SPRINGS, EL DORADO, MENA & PINE BLUFF CBOCS. Contract Period: Option 2 POP Begin: 04-01-2018 POP End: 03-31-2019 12.00MO____________________________________ 2002MSD SUPPLY DELIVERY TO CBOCS Contract Period: Option 2 POP Begin: 04-01-2018 POP End: 03-31-2019 12.00MO____________________________________ 3001LAB SPECIMEN DELIVERY FOR SEARCY, RUSSELLVILLE, CONWAY, HOT SPRINGS, EL DORADO, MENA & PINE BLUFF CBOCS. Contract Period: Option 3 POP Begin: 04-01-2019 POP End: 03-31-2020 12.00MO____________________________________ 3002MSD SUPPLY DELIVERY TO CBOCS Contract Period: Option 3 POP Begin: 04-01-2019 POP End: 03-31-2020 12.00MO____________________________________ 4001LAB SPECIMEN DELIVERY FOR SEARCY, RUSSELLVILLE, CONWAY, HOT SPRINGS, EL DORADO, MENA & PINE BLUFF CBOCS. Contract Period: Option 4 POP Begin: 04-01-2020 POP End: 03-31-2021 12.00MO____________________________________ 4002MSD SUPPLY DELIVERY TO CBOCS Contract Period: Option 4 POP Begin: 04-01-2020 POP End: 03-31-2021 12.00MO____________________________________ GRAND TOTAL__________________ CONTRACT CLAUSES FAR NumberTitleDate 52.212-4CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMSMAY 2015 3.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/ (End of Clause) FAR NumberTitleDate 52.203-16PREVENTING PERSONAL CONFLICTS OF INTERESTDEC 2011 52.203-17CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTSAPR 2014 FAR NumberTitleDate 52.204-9PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNELJAN 2011 52.216-21REQUIREMENTS ALTERNATE I (APR 1984)OCT 1995 3.2 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) 3.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within ; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years 6 months. (End of Clause) FAR NumberTitleDate 52.228-5INSURANCE-WORK ON A GOVERNMENT INSTALLATIONJAN 1997 3.4 SUPPLEMENTAL INSURANCE REQUIREMENTS In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract: (a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers. (b) General Liability: $500,000 per occurrences. (c) Automobile liability: $200,000 per person; $500,000 per occurrence and $20,000 property damage. (d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage. (End of Clause) FAR NumberTitleDate 52.237-3CONTINUITY OF SERVICESJAN 1991 3.5 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) 3.6 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (DEC 2009) (a) Definition. For the Department of Veterans Affairs, "Service-disabled veteran-owned small business concern": (1) Means a small business concern: (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans (or eligible surviving spouses); (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans (or eligible surviving spouses) or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; (iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document; and (iv) The business has been verified for ownership and control and is so listed in the Vendor Information Pages database, (http://www.VetBiz.gov). (2) "Service-disabled veteran" means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). (b) General. (1) Offers are solicited only from service-disabled veteran-owned small business concerns. Offers received from concerns that are not service-disabled veteran-owned small business concerns shall not be considered. (2) Any award resulting from this solicitation shall be made to a service-disabled veteran-owned small business concern. (c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, in the case of a contract for: (1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other eligible service-disabled veteran-owned small business concerns; (2) Supplies (other than acquisition from a nonmanufacturer of the supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other eligible service-disabled veteran-owned small business concerns; (3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other eligible service-disabled veteran-owned small business concerns; or (4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other eligible service-disabled veteran-owned small business concerns. (d) A joint venture may be considered a service-disabled veteran owned small business concern if-- (1) At least one member of the joint venture is a service-disabled veteran-owned small business concern, and makes the following representations: That it is a service-disabled veteran-owned small business concern, and that it is a small business concern under the North American Industry Classification Systems (NAICS) code assigned to the procurement; (2) Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement; and (3) The joint venture meets the requirements of paragraph 7 of the explanation of Affiliates in 19.101 of the Federal Acquisition Regulation. (4) The joint venture meets the requirements of 13 CFR 125.15(b). (e) Any service-disabled veteran-owned small business concern (non-manufacturer) must meet the requirements in 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program. (End of Clause) 3.7 VAAR 852.228-71 INDEMNIFICATION AND INSURANCE (JAN 2008) (a) Indemnification. The contractor expressly agrees to indemnify and save the Government, its officers, agents, servants, and employees harmless from and against any and all claims, loss, damage, injury, and liability, however caused, resulting from, arising out of, or in any way connected with the performance of work under this agreement. Further, it is agreed that any negligence or alleged negligence of the Government, its officers, agents, servants, and employees, shall not be a bar to a claim for indemnification unless the act or omission of the Government, its officers, agents, servants, and employees is the sole, competent, and producing cause of such claims, loss, damage, injury, and liability. At the option of the contractor, and subject to the approval by the contracting officer of the sources, insurance coverage may be employed as guaranty of indemnification. (b) Insurance. Satisfactory insurance coverage is a condition precedent to award of a contract. In general, a successful bidder must present satisfactory evidence of full compliance with State and local requirements, or those below stipulated, whichever are the greater. More specifically, workers' compensation and employer's liability coverage will conform to applicable State law requirements for the service contemplated, whereas general liability and aircraft liability of comprehensive type shall, in the absence of higher statutory minimums, be required in the amounts per aircraft used of not less than $200,000 per person and $500,000 per occurrence for bodily injury and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater. State-approved sources of insurance coverage ordinarily will be deemed acceptable to the Department of Veterans Affairs installation, subject to timely certifications by such sources of the types and limits of the coverages afforded by the sources to the bidder. (End of Clause) 3.8 VAAR 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) 3.9 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984) The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Arkansas. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from. (End of Clause) 3.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (DEC 2015) (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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). (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) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). [] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509). [] (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.) [X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note). [] (5) [Reserved] [] (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). [X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note). [X] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3). [X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)). [X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). [X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015). [X] (28) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246). [X] (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212). [X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). [X] (31) 52.222-37, Employment Reports on Veterans (OCT 2015) (38 U.S.C. 4212). [X] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). [X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627). [X] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 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.) [X] (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [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). [X] (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). (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: [X] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). [X] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). [X] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). Employee ClassMonetary Wage-Fringe Benefits [X] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). [X] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67). [X] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658). (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 (OCT 2015) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (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 $700,000 ($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 (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (APR 2015). (v) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (OCT 2015) (38 U.S.C. 4212). (ix) 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. (x) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). (xi)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627). (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67). (xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67). (xiv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658). (xvi) 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). (xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xviii) 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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