36C24220Q0592 0001.docx
DOCX document 321 KB Posted
- Attached to
- R426--ALBANY Switchboard & Info Desk Services Federal contract opportunity
- Solicitation number
- 36c24220q0592
About this file
This is a solicitation for Albany Switchboard and Information Desk Services. The Department of Veterans Affairs is seeking these services at the Stratton VA Medical Center in Albany, NY for an initial two month base period and four one-year option periods. The contractor will provide all personnel, supervision, and services necessary to operate the telephone switchboard and information desk 24 hours per day, 7 days per week including holidays. Key requirements include switchboard operators, information desk staffing, management services, and materials. Offers are due by June 22, 2020. The contractor will be expected to comply with various quality and safety standards and procedures outlined in the performance work statement.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| ANSWERS.docx | DOCX document | |
| PP Questionaire.pdf | ||
| 36C24220Q0592 0002.docx | DOCX document | |
| Telephone Operator QASP Modified 2.pdf | ||
| Wage Determination No 2015-4143.pdf | ||
| Telephone Operator QASP Modified -1.pdf | ||
| P07 WAGE 0DETERMINATION 2015-4143.txt | TXT text file | |
| Telephone Operator QASP Modified.pdf | ||
| P07_20WAGE 20DETERMINATION 2015-4143.txt | TXT text file | |
| 36C24220Q0592.docx | DOCX document |
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Text version
36C24220Q0592 Contract Opportunity Amendment to a Previous Combined Solicitation
PRODUCT SERVICE CODE
SUBJECT
CONTRACTING OFFICE'S
ZIP-CODE
SOLICITATION NUMBER
BASE NOTICE TYPE
RESPONSE DATE/TIME/ZONE
ARCHIVE
DAYS AFTER THE RESPONSE DATE
RECOVERY ACT FUNDS
SET-ASIDE
NAICS CODE
CONTRACTING OFFICE
ADDRESS
POINT OF CONTACT
(POC Information Automatically Filled from User Profile Unless Entered)
DESCRIPTION
See Attachment
AGENCY'S URL
URL DESCRIPTION
AGENCY CONTACT'S EMAIL
ADDRESS
EMAIL DESCRIPTION
ADDRESS
POSTAL CODE
COUNTRY
ADDITIONAL INFORMATION
GENERAL INFORMATION
PLACE OF PERFORMANCE
* = Required Field Contract Opportunity Amendment to a Previous Combined Solicitation R426 ALBANY Switchboard & Info Desk Services
10468-3904
06-22-2020
12PM
EASTERN TIME, NEW YORK, USA
N
SDVOSBC
561421 Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx NY 10468-3904 Clifford S. Harrison 130 West Kingbridge Road Bronx NY 10468
(718) 584-9000 x5027
Stratton VA Medical Center 113 Holland Ave
Albany NY 12208
USA
https://www.albany.va.gov/ https://www.albany.va.gov/ Clifford.Harrison@va.gov Clifford.Harrison@va.gov
5. PROJECT NUMBER (if applicable)
CODE
7. ADMINISTERED BY
2. AMENDMENT/MODIFICATION NUMBER
CODE
6. ISSUED BY
8. NAME AND ADDRESS OF CONTRACTOR
4. REQUISITION/PURCHASE REQ. NUMBER
3. EFFECTIVE DATE
9A. AMENDMENT OF SOLICITATION NUMBER
9B. DATED
PAGE OF PAGES
10A. MODIFICATION OF CONTRACT/ORDER NUMBER
10B. DATED
BPA NO.
1. CONTRACT ID CODE
FACILITY CODE
CODE
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers
E. IMPORTANT:
is extended,
(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.
12. ACCOUNTING AND APPROPRIATION DATA
(REV. 11/2016)
is required to sign this document and return ___________ copies to the issuing office.
is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.
15C. DATE SIGNED
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER
Contractor
16C. DATE SIGNED
14. DESCRIPTION OF AMENDMENT/MODIFICATION
16B. UNITED STATES OF AMERICA
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.
15A. NAME AND TITLE OF SIGNER
16A. NAME AND TITLE OF CONTRACTING OFFICER
15B. CONTRACTOR/OFFEROR
STANDARD FORM 30
PREVIOUS EDITION NOT USABLE
Prescribed by GSA - FAR (48 CFR) 53.243 (Type or print) (Type or print) (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
(Number, street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) (such as changes in paying office, appropriation date, etc.)
(If required)
(SEE ITEM 11)
(SEE ITEM 13)
(X)
CHECK
ONE
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
(Signature of person authorized to sign) (Signature of Contracting Officer)
06/05/2020 528-20-3-8863-0009
NONE
36C242 Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx NY 10468-3904
36C242 Department of Veterans Affairs James J. Peters VA Medical Center Network Contracting Office 2
06-05-2020
52.212-5(c) Changes
X The purpose of this amendment is to revise the Solicitation for: 36C242-20-Q-0592.
Due to formatting issues Solicitation 36C242-20-Q-0592 is being reposted.
Please see the attached documents where the changes are provided.
Clifford S. Harrison Contracting Officer
Page 1.
Clause 52.232-18 has been moved to Section C under the Clauses Incorporated by Reference located on page 22.
Price Schedule The Price Schedule located in Section B2 on page five have been edited and modified.
Please acknowledge the Clin 0004 is now 0003 & Clin 0003 is now Clin 0004 Please acknowledge an additional column was added:
1. Cost per Week
2. And a modification to Total Cost (Cost Per Week (X) Times number per week.
3. The Clin Unit column have been modified to either HR (Hour) or JB (Job).
4. The Price Schedule Period of Performance is changed to:
a. Base: August 1,2020 – September 30, 2020 Option Year 1: October 1, 2020 -September 30, 2021 Option Year 2: October 1, 2021 -September 30, 2022 Option Year 3: October 1, 2022 -September 30, 2023 Option Year 4: October 1, 2023 -September 30, 2024 Statement of Work Statement of Work Issues page 8 Statement of Work Section which represents section B3 was located on page 15. Has been reedited and is now on page 8.
This sentence is the last sentence of the first paragraph. “Contract is requested for a 6-month base and 4 full option years”. Is changed to “Contract is requested for a 2-month base and 4 full option years”.
Section C Contract Clauses 52.252-2 Clauses Incorporated by Reference was out of order compared to the government checklist please see the correct arrangement below.
| FAR Number |
| Title |
| Date |
| 52.203-16 |
| PREVENTING PERSONAL CONFLICTS OF INTEREST |
| DEC 2011 |
| 52.203-17 |
| CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS |
| APR 2014 |
| 52.204-4 |
| PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER |
| MAY 2011 |
| 52.204-9 |
| PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL |
| JAN 2011 |
| 52.204-13 |
| SYSTEM FOR AWARD MANAGEMENT MAINTENANCE |
| OCT 2018 |
| 52.224-1 |
| PRIVACY ACT NOTIFICATION |
| APR 1984 |
| 52.228-5 |
| INSURANCE—WORK ON A GOVERNMENT INSTALLATION |
| JAN 1997 |
| 52.232-18 |
| AVAILABILITY OF FUNDS |
| APR 1984 |
| 52.232-40 |
| PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS |
| DEC 2013 |
| 52.237-3 |
| CONTINUITY OF SERVICES |
| JAN 1991 |
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUSTES OF EXECUTIVE ORDERS- COMMERCIAL ITEMS (MAR 20202) under this clause contracting added the Wage for:
| 01460 Switchboard Operator/ Receptionist 15.64 Per Hour | |
| H&R $4.54 Per Hour | |
| Switchboard Supervisor |
SECTION E
E1. 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (MAR 2020)
Contracting Added:
Note II: All questions for solicitation 36C242-20-Q-0592 must be submitted no later than June 12,2020 located on page 40.
ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS Proposals are to be submitted electronically via e-mail in Portable Document Format (PDF) to the Administrative Contracting Officer, Jarrod Bowsky, at Jarrod.Bowsky@va.gov. Note that there is a 5 MB file size limit per e-mail message.
Offeror must provide the following in their proposal:
a. Signed SF 1449 (Complete blocks 17a and b, and 30a, b and c)
b. Completed Contract Administration Data from Section B.1 – Contract Administration Data
c. Completed Acknowledgement of Amendments from Section B.1 – Contract Administration Data, as well as signed copies of any amendments, if issued.
d. Completed copy of subcontracting plan. See Section B.3 – Subcontracting Plan--Monitoring and Compliance (JUN 2011) for additional information.
e. Completed Price Schedule for all CLINS from Section B.5 – Price/Cost Schedule
f. Signed Business Associate Agreement from Section D - Contract Documents, Exhibits, or Attachments.
g. Signed Quality Assurance Surveillance Plan (QASP) from Section D - Contract Documents, Exhibits, or Attachments.
This Verbiage is being removed and does not fit this solicitation please only follow:
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (MAR 2020)
Contracting is advising this solicitation will be the solicitation addressed moving forward.
PAGE 1 OF
1. REQUISITION NO.
2. CONTRACT NO.
3. AWARD/EFFECTIVE DATE
4. ORDER NO.
5. SOLICITATION NUMBER
6. SOLICITATION ISSUE DATE
a. NAME
b. TELEPHONE NO. (No Collect Calls)
8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY
CODE
10. THIS ACQUISITION IS
UNRESTRICTED OR
SET ASIDE:
% FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ
IFB
RFP
15. DELIVER TO
CODE
16. ADMINISTERED BY
CODE
17a. CONTRACTOR/OFFEROR
CODE
FACILITY CODE
18a. PAYMENT WILL BE MADE BY
CODE
TELEPHONE NO.
DUNS:
DUNS+4:
PHONE:
FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19.
20.
21.
22.
23.
24.
ITEM NO.
SCHEDULE OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA
26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________
29. AWARD OF CONTRACT: REF. ___________________________________ OFFER
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DATED ________________________________. YOUR OFFER ON SOLICITATION
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
(REV. 2/2012)
PREVIOUS EDITION IS NOT USABLE
Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
561-19-1-6474-0002
05-29-2020 Clifford Harrison
718.584.9000 EXT.4680
06-22-2020
12PM
36C242 Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road
914 937-4400 X2058
561421 $16.5 Million
NET 30
N/A
Department of Veterans Affairs New Jersey Healthcare System East Orange Campus 385 Tremont Avenue East Orange NJ 07018-1023 36C242 Department of Veterans Affairs James J. Peters VA Medical Center Network Contracting Office 2
Tungsten Network http://www.tungsten-network.com/us/en /veterans-affairs
See CONTINUATION Page The Contractor shall be required to provide all personnel, supervision and other services necessary to perform Telecommunication Specialist (Switchboard Operator) services at the Department of Veterans Affairs, (VA), Stratton Health Care System, 113 Holland Avenue, Albany NY 12208 Campus.
Contracting Officer: Clifford S. Harrison Phone: 718.584.9000 EXT.4680
COR: Thomas Martone Phone: (518)626-6795
Please complete Price Schedule located in section B.2 on page 05.
See CONTINUATION Page
Clifford S. Harrison Contracting Officer
Table of Contents
| E1. 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (MAR 2020) | 4 |
| SECTION A | 6 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | 6 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 8 |
| B.1 CONTRACT ADMINISTRATION DATA | 8 |
| B.2 PRICE SCHEDULE | 10 |
| B.3 STATEMENT OF WORK | 13 |
| a. Property | 17 |
| SECTION C - CONTRACT CLAUSES | 21 |
| C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018) | 21 |
| C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 27 |
| C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 27 |
| C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS | 27 |
| C.5 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (MAR 2020) | 28 |
| C.6 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018) | 28 |
| C.7 52.245-2 GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES (APR 2012) | 31 |
| C.8 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020) | 31 |
| C.9 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018) | 33 |
| C.10 VAAR 852.237-75 KEY PERSONNEL (OCT 2019) | 34 |
| C.11 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) | 34 |
| C.12 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAR 2020) | 34 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 43 |
| SECTION E - SOLICITATION PROVISIONS | 44 |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (MAR 2020) | 44 |
| E.2 52.216-1 TYPE OF CONTRACT (APR 1984) | 48 |
| E.3 52.233-2 SERVICE OF PROTEST (SEP 2006) | 48 |
| E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 49 |
| E.5 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) | 49 |
| E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (MAR 2020) | 50 |
| E.7 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008) | 68 |
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR:
| COMPANY NAME: |
| COMPANY ADDRESS: |
| PHONE NO: |
| FAX: |
| E-MAIL: |
| DUNS: |
b. GOVERNMENT: Contracting Officer:
| CLIFFORD S. HARRISON |
| 130 WEST KINGS BRIDGE ROAD |
| BRONX NY 10468 |
718.584.9000 EXT.4680
CLIFFORD.HARRISON@VA.GOV
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
| [] |
| 52.232-33, Payment by Electronic Funds Transfer—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 ] |
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.
Tungsten Network http://www.tungsten-network.com/us/en https://www.albany.va.gov/ ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
B.2 PRICE SCHEDULE
CLIN
| BASE: 08/1/2020- 09/30/2020 |
| UNIT |
| COST PER UNIT |
| UNITS PER WEEK |
| COST PER WEEK |
| TOTAL COST (COST PER WEEK X NUMBER OF WEEKS). |
| 0001 |
| Switchboard Personnel (5) operators per day. |
| HR |
| $ |
| 280 |
| 0002 |
| Information Desk Personnel |
| HR |
| $ |
| 80 |
| 0003 |
| Management Services |
| HR |
| $ |
| 168 |
| 0004 |
| Materials for Services |
| JB |
| $ |
| 1 |
| _ |
| $ |
| 0005 |
| Overhead & Profit |
| JB |
| $ |
| 1 |
| _ |
| $ |
Total
OPTION 1: 10/1/2020- 09/30/2021
| 1001 |
| Switchboard Personnel (5) operators per day. |
| HR |
| $ |
| 280 |
| 1002 |
| Information Desk Personnel |
| HR |
| $ |
| 80 |
| 1003 |
| Management Services |
| HR |
| $ |
| 168 |
| 1004 |
| Materials for Services |
| JB |
| $ |
| 1 |
| _ |
| $ |
| 1005 |
| Overhead & Profit |
| JB |
| S |
| 1 |
| _ |
| $ |
Total
OPTION 2: 10/1/2021- 09/30/2022
| 2001 |
| Switchboard Personnel (5) operators per day. |
| HR |
| $ |
| 280 |
| 2002 |
| Information Desk Personnel |
| HR |
| $ |
| 80 |
| 2003 |
| Management Services |
| HR |
| $ |
| 168 |
| 2004 |
| Materials for Services |
| JB |
| $ |
| 1 |
| _ |
| $ |
| 2005 |
| Overhead & Profit |
| JB |
| $ |
| 1 |
| _ |
| $ |
Total
OPTION 3: 10/1/2022- 09/30/2023
| 3001 |
| Switchboard Personnel (5) operators per day. |
| HR |
| $ |
| 280 |
| 3002 |
| Information Desk Personnel |
| HR |
| $ |
| 80 |
| 3003 |
| Management Services |
| HR |
| $ |
| 168 |
| 3004 |
| Materials for Services |
| JB |
| $ |
| 1 |
| _ |
| $ |
| 3005 |
| Overhead & Profit |
| JB |
| $ |
| 1 |
| _ |
| $ |
Total
OPTION 4: 10/1/2023- 09/30/2024
| 4001 |
| Switchboard Personnel (5) operators per day. |
| HR |
| $ |
| 280 |
| 4002 |
| Information Desk Personnel |
| HR |
| $ |
| 80 |
| 4003 |
| Management Services |
| HR |
| $ |
| 168 |
| 4004 |
| Materials for Services |
| JB |
| $ |
| 1 |
| _ |
| $ |
| 4005 |
| Overhead & Profit |
| JB |
| $ |
| 1 |
| _ |
| $ |
TOTAL
CONTRACT TOTAL
B.3 STATEMENT OF WORK
Page 1 of Page 1 of Page 1 of Page 1 of A. Background: Stratton Veterans Administration Medical Center, located at 113 Holland Ave, Albany NY 12208 is requesting all personnel, supervision and other services necessary to perform the operation of all telephone switchboard and facility Information Desk activities. Contract is requested for a 2 months base and 4 full option years.
B. SCOPE OF WORK
1. The Contractor shall be required to provide all personnel, supervision and other services necessary to perform work required for the following:
a. Operation of all telephone switchboard activities at this Medical Center (Stratton VA Medical Center, Albany). The contractor shall perform to the standards expressed in the contract.
b. The work required by this specification consists of providing switchboard services for the effective operations of this facility. Telephone operators will use three Avaya 302c electronic telephone attendant consoles to process incoming and outgoing telephone calls. All calls will be completed in a timely, courteous and efficient manner. Contractor employees are required to assist in placing outgoing local, long distance, and international calls using the commercial system, to include Sprint, Verizon, PaeTac, and any other commercial phone service providers as necessary to conduct the daily activity at this Medical Center.
c. The work required by this specification consists of providing 24 hour coverage for telephone switchboard services, 7 days a week, including all holidays
d. The contractor shall be responsible for providing back-up coverage for unexpected staff absence. There should be no time when this operation does not have adequate staffing coverage.
e. The contractor shall be responsible for the implementation of and adherence to various procedures as dictated by the Standard Operating Procedures (SOP) in place at this hospital. The contractor will be required to follow all established rules and regulations for the processing of calls on these networks and maintain the appropriate logs/records related to these calls in accordance with VA Policy.
f. Operators will use the public address, radio paging, Motorola two-way radio systems, and digital pagers to relay messages, make announcements, and implement various procedures as dictated by Telecommunications Directives in place at this medical center. A computerized file is kept of all inpatients and can be accessed by using equipment supplied by this facility. Supporting rosters of patients and employees are available as locator information sources as well.
2. Operation of facility Information Desk activity at this medical center. The contractor shall perform to the standards expressed in the contract.
a. The work required by this specification consists of providing informational services to veterans, visitors, employees and others entering or within the facility. All requests for information/direction will be completed in a timely, courteous and efficient manner as necessary to conduct the daily activity at this Medical Center.
b. The work required by this specification consists of providing coverage at the Information Desk M-F, 7a-7p and Sa-Su, 8a-6p.
c. The contractor shall be responsible for providing back-up coverage for unexpected staff absence. There should be no time when this operation does not have adequate staffing coverage.
d. The contractor shall be responsible for the implementation of and adherence to various procedures as dictated by the Standard Operating Procedures (SOP) in place at this hospital. The contractor will be required to follow all established rules and regulations for the processing of requests and maintain the appropriate logs/records related to these requests in accordance with VA Policy.
3. All references to locations of rooms, building, or functions are for informational purposes only. Such references do not necessarily indicate that functional designations or locations which may affect this contract and which require permanent changes in staffing requirements, and/or revenues will be coordinated by the Contracting Officers Representative (COR) and Contracting Officer (CO) prior to initiation of such change to assure adequate contractual coverage. The COR is defined as a government employee who will serve as the Contracting Officer’s representative to ensure adequate performance for the government.
4. Established services, functions, programs, staffing patterns, and hours and days of operation should not be altered without prior written approval of the Contracting Officer. Any changes to requirements of this contract will be negotiated under the Changes Clause.
C. CONTRACTOR PERSONNEL
1. Project Manager
a. The Contractor shall assign an on-site Project Manager (PM) for the purposes of supervising and training the contractor personnel and ensuring compliance with all provisions of this contract. The PM shall be available by telephone and contractor-provided digital pager to contract staff during regular working hours and after regular working hours for any problems that may occur including staffing problems. The PM shall respond within one hour after receipt of call.
b. When the PM plans to be absent for more than one 8-hour shift, the Contractor shall notify the COR in writing or by Electronic Mail of who will be the stand-in representative during his/her absence. The stand-in shall be fully qualified to assume the PM duties as prescribed in this contract.
c. When the PM is absent for more than three consecutive working days, the Contractor shall provide replacement PM during the absence. The COR shall be notified in advanced, in writing, of this substitution.
2. Staff
| a. The selection, assignment, reassignment, transfer, supervision, management and control of contractor employees in performance of this work statement will be the responsibility and prerogative of the contractor. However, the contractor shall comply with the general intent and specific policies set forth in the performance work statement, concerning conduct of employees as referenced herein. When the Government directs, the contractor shall remove from performance on the contract any person who is identified a potential threat to the health, safety, security, general well being, or operational mission of the activity and its population. |
| b. The contractor shall not employ any person who is an employee of the United States Government, if the employment of that person would create a conflict of interest. |
| c. Contractor personnel shall be required to complete background check prior to starting work. |
| d. Contractor’s personnel shall wear VA-provided identifications badges, which shall include name, picture, and position title, throughout their tour of duty and when on Government property. These badges will be required for entrance to the Medical Center on all tours of duty and emergency situations. |
| e. Drinking and eating will be permitted in designated areas as indicated by the COR. The contracted staff is prohibited from eating or drinking while operating the consoles or at the information desk. Smoking will not be permitted in the building or on the grounds. |
f. Personnel rosters: Current written rosters of all regular and alternate personnel will be provided to the COR. This will include the primary PM and his/her alternate(s). Personnel not listed will not be allowed to work in the medical facility.
3. Training – No contractor personnel shall be assigned to work under the contract until initial orientation and training as specified in Contractor’s procedures manual, and special instructions from the COR are completed. Special instructions from COR include:
a. The Government shall provide the following orientation to the contractor personnel: A one-hour orientation will be provided to familiarize contractor personnel with the attendant’s console. The Government will provide a one-day general orientation to contractor personnel to familiarize them with the different services in the medical Center. VA personnel will be available to answer questions of contractor personnel following general orientation. The COR will meet with the PM as necessary to discuss problems encountered and offer assistance and recommendations for the solution of such problems.
b. The Contractor must ensure that its employees are aware of the hazards (infectious disease, tuberculosis, blood borne pathogens, etc.) that are part of the nature of working in a medical center with the wide variety of patients treated. The contractor shall ensure that its employees understand the importance of practicing good fire and safety working practices. The contractor must ensure that all employees are trained in and adhere to all applicable privacy and information security laws and directives including:
- Privacy Act, 5 U.S.C. 552a
- Title 38 United States Code - Veterans Benefits Section 5701, Confidential Nature of - Claims
- Title 38 United States Code 7332
- Title 38 United States Code 5705
- Title 38 Code of Federal Regulations*
- OMB Circular A-130*
- Standards for Privacy of Individually Identifiable Health Information (HIPAA Privacy - - Rule 45 CFR Parts 160 and 164)*
- Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104- 191, included Administrative.
The contractor shall maintain a roster of personnel who have completed training for these hazards.
4. Qualifications
a. Project Manager Qualifications: Project Manager must have had at least two years telephone operating experience, of which one year involved substantial responsibility for placing a variety of special long distance calls (e.g. conference calls, collect calls, appointment calls) over varied circuits or routings or performing information operator work which required a knowledge of organization, and must have had one or more year of experience of supervising, which involved organizing, directing training and controlling a staff. Must be experienced in maintaining discipline, devising work methods and assignments, establishing performance requirements, and in arranging work schedules to conform to peak telephone requirements for adequate service. The ability to communicate, comprehend, use correct grammar and pronunciation, and understand instructions, as well as to write legibly, is required.
b. Telephone Operator Qualifications: Telephone operator must be able to assume the responsibility for placing a variety of special long distance calls (e.g. conference calls, collect calls, appointment calls) over varied circuits or routings, or performing information operator work, which requires knowledge of the organizational units and major functions of a large multi-division organization. Operators must have the ability to meet and deal with people from a variety of backgrounds with varying levels of understanding, work under pressure and stressful conditions and adapt to changing work conditions. PM must not allow new personnel to perform duties alone until he/she has received at least two full 7-day weeks of On-The-Job Training (OJT) on each tour of duty.
c. Information staff qualifications: Information staff must be able to effectively communicate, meet and deal with people from a variety of backgrounds with varying levels of understanding and concerns. They must be able to work under pressure and stressful conditions and adapt to changing work conditions. They must be thoroughly familiar with the facility layout and various Department operations and should receive one full week of OJT.
D. QUALITY CONTROL
1. The Contractor shall have a quality control program to assure the requirements of the contract are provided as specified. A copy of the plan is to be provided to the Contracting Officer. Any changes to this basic Quality Control Plan must be submitted to the Contracting Officer as changes occur. The plan shall include, but not be limited to, the following:
a. An inspection system covering all services listed. It must specify the areas to be inspected on either a scheduled or unscheduled basis, how often inspections will be accomplished, and the title of the individual(s) who will perform the inspection.
b. The methods of identifying and preventing deficiencies in the quality of services performed before the level of performance becomes acceptable.
2. The contractor shall maintain complete records of the inspections and corrective actions taken and shall provide this information to the Government on request.
E. QUALITY ASSURANCE SURVEILLANCE PLAN
1. The government shall monitor and evaluate the contractor’s performance using a combination of assessment and surveillance methods. These may include, but are not limited to:
| a. Customer feedback/complaints |
| b. Management information systems |
| c. Periodic observation and review of services |
| d. Random sampling |
| e. Telephone switchboard traffic analysis |
2. Performance Evaluation Meetings. The PM shall meet with the COR on a regularly scheduled basis to discuss and evaluate performance.
a. The issuance of a Contract Discrepancy Report (CDR) may be cause for scheduling of a meeting of the PM, CO, and the COR. A mutual effort will be made to resolve all problems identified. The Government will prepare written minutes of this meeting. Minutes of these meeting will be signed by the PM, CO and COR. Should the PM not concur with the minutes and action taken at the meeting, he/she will state in writing to the CO any areas wherein he/she does not concur and explain the reason(s) for nonoccurrence. The CO will notify the PM in writing of his final decision. A dispute over the CO’s decision will be handled in accordance with the Disputes Clause of the contract.
F. GOVERNMENT FURNISHED PROPERTY AND SERVICES
1. The Government shall provide without cost to the Contractor the facilities, equipment, materials and/or services listed below:
a. Property
i. Facilities – The government shall furnish approximately 260 square feet (Room A26) for Switchboard operations at the VA Medical Center, 113 Holland Ave Albany, NY. This space is located on the basement floor in Building 1. Facilities have been inspected for compliance with Occupational Safety and Health Act (OSHA), and no hazards have been identified for which any special precautions must be taken. The government shall furnish an information desk which will be located on the first floor in the main lobby area.
ii. Equipment Accountability--all tasks accomplished by the Contractor shall be performed to preclude damage or disfigurement of Government-owned furnishings, fixtures, equipment and architectural or building structures. The Contractor shall report any damage to these items caused by the Contractor’s staff to the COR. The Government will not be responsible for the Contractor’s equipment or belongings that are lost, stolen or damaged.
iii. The Contractor shall be responsible for the costs of repairs or replacement of Government-owned equipment, fixtures, furnishings, architectural or building structures to their previous existing condition when the Contracting Officer has determined the Contractor to be liable for damage or loss of Government property.
iv. The Contractor and COR shall jointly conduct periodic inventory reviews. This review shall, at a minimum, be conducted annually before the start of each successive fiscal year’s renewal cycle.
b. Materials:
| i. The Government shall provide the Contractor with logbooks to record equipment malfunctions, emergencies, drills and other activities that have an impact on the daily operations of the unit. |
| ii. Forms for logging of daily rosters and the logging of toll calls will be provided. The Contractor will be responsible for requesting replacement supplies from the COR when they are low. |
c. Services:
The Government shall furnish the following—
i. Housekeeping service – trash removal
ii. Equipment Maintenance – Maintenance of all Government-furnished equipment, except damage caused by misuse by Contractor’s employees.
iii. Disposition of property – Disposition, removal or replacement of equipment and furnishings as required.
iv. Utilities – VA to provide all utilities, including electricity, gas and water. Lights should be used in areas where and when work is actually being performed. Contractor will not adjust mechanical equipment controls for heating, ventilation and air conditioning.
G. CONTRACTOR FURNISHED ITEMS
1. The Contractor shall furnish any items or services required to perform this work statement that are not specifically identified to be Government-furnished.
2. The Contractor shall furnish headsets of a quality compatible with the Government-owned telephone equipment.
3. Contractor-owned equipment shall be marked to identify ownership and the Government shall assume no liability for loss of, or damage to, contractor-owned equipment held upon Government premises.
4. The Contractor shall be responsible for the orderliness and cleanliness of all areas not covered by custodial service.
H. HOURS OF OPERATION
Business hours for switchboard operation are 24 hours, seven days per week, including all holidays, and will remain unchanged unless the CO determines otherwise. Should this occur, the CO will initiate a change in accordance with the Changes Clause, FAR 52.212-1(c) Changes.
Hours of work are as follows:
Day Shift (7am – 3pm) 1 operator Overlap Shift (8am – 4pm) 1 operator Overlap Shift (9am – 5pm) 1 operator Evening Shift (3pm – 11 pm) 1 operator Night Shift (3pm – 7am) 1 operator Business hours for the information desk will be M-F, 7a-7p and Sa-Su, 8a-6p excluding holidays. Should this occur, the CO will initiate a change in accordance with the Changes Clause, FAR 52.212 4(c) Changes.
Hours of work are as follows:
M-F, 7a-3p 1 receptionist M-F, 3p-7p 1 receptionist Sa, 8a-6p 1 receptionist Su, 8a-6p 1 receptionist
I. GOVERNMENT SUPERVISION
The contract is under the direction of the CO and COR. The Contracting Officer shall advise the contractor in writing of the extent of the COR’s authority and limitations.
J. CORRESPONENCE
All correspondence relative to this contract shall bear the VA contract number, title of SOW, and name and location of the medical facility and shall be addressed to the CO, with copies sent to the COR.
K. SECURITY
| 1. Building Security | |
| a. Keys: The Government will provide the Contractor with keys to allow access to rooms required to be accessed in order to fulfill provisions of this contract. | |
| b. The contractor and COR shall periodically perform an inventory of all keys assigned to the Contractor. Any expenses incurred for lost keys or replacement door locks as a result of Contractor personnel negligence shall be accomplished by the Government at a cost to the Contractor. The Contractor will notify the COR of any lost or suspected lost key(s) within 24 hours. It is the responsibility of the Contractor to prohibit the use of keys issued by Government by any persons other than the Contractor’s employees. |
2. Information Security
a. The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract.
L. SAFETY
1. The Safety Officer for the Medical Center is for the enforcement of all safety regulations as they apply to the safety of VA and contractor employees, visitors, and patients. Any violations of safety regulations identified by the Safety Officer will be submitted to the Contractor for immediate corrective action. These inspections do not relieve the Contractor from full compliance with the Contractor’s responsibilities.
2. In the performance of this contract, the Contractor shall take such safety precautions as necessary to protect the lives and health of occupants of the medical center.
M. TRAFFIC CONTROL STUDY
1. The contractor shall be required to complete a Traffic Control Study when requested by the COR. The Contractor will be informed of the Study at least one (1) to seven (7) days, as specified by the COR prior to the study.
2. The content of the study will include, as a minimum, the number and type of calls/inquiries answered by the operators/receptionist for a specific period of time broken down by each tour of duty.
3. Two (2) copies of the study shall be provided to the COR within five (5) business days of the completion of the study.
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)
(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 41 U.S.C. chapter 71, Contract Disputes. 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, 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 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 41 U.S.C. 7109, 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. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 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. chapter 21 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)…
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