36C24220Q0977_1.docx

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R602--VANYHHS Courier Services Federal contract opportunity
Solicitation number
36C24220Q0977
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 2

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36C24220Q0977

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

36C24220Q0977 03-12-2021 TUITT, Josie 718-741-4352 03-25-2021

1:00PM

EDT

36C242 Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx

NY

10468-3904 X X 492110 1500 Employees N/A X See Delivery Schedule

36C242 Department of Veterans Affairs James J. Peters VA Medical Center Network Contracting Office 2 130 West Kingsbridge Road Bronx

NY

10468-3904

Tungsten Network http://www.tungsten-network.com/us/en /veterans-affairs

See CONTINUATION Page Network Contracting Office 2, James J. Peters VAMC, requires Dental, Pharmacy and Laboratory Courier Services pick-up and delivery for VA New York Harbor Healthcare System (VANYHHS) , Brooklyn/St. Albans/Staten Island CBOC/Manhattan/Harlem CBOC) and on occassion may be a need to pick-up from James J. Peters(VAMC)-Bronx, NY and VA New Jersey Healthcare System (VANJHS) - East Orange Campus.

As described herein...

Period of Performance Base year: Date of Award to 3/31/2022 Option year 1: 4/1/2022 - 3/31/2023 Option year 2: 4/1/2023 - 3/31/2024 Option year 3: 4/1/2024 - 3/31/2025 Option year 4: 4/1/2025 - 3/31/2026 See CONTINUATION Page 630-3610160-456-822300-2680 0100223G3 X Josephine Tuitt Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS1
SECTION B - CONTINUATION OF SF 1449 BLOCKS4
B.1 CONTRACT ADMINISTRATION DATA4
B.2 DELIVERY SCHEDULE28
SECTION C - CONTRACT CLAUSES30
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)30
C.2 52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (JUN 2020)36
C.3 52.216-18 ORDERING (AUG 2020)39
C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)40
C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)40
C.6 SUPPLEMENTAL INSURANCE REQUIREMENTS40
C.7 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)41
C.8 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)41
C.9 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)43
C.10 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)45
C.11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)46
C.12 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)46
C.13 VAAR 852.237-70 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (OCT 2019)47
C.14 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)48
C.15 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021)49
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS57
SECTION E - SOLICITATION PROVISIONS58
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUN 2020)58
E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)62
E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)65
E.4 52.216-1 TYPE OF CONTRACT (APR 1984)66
E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)66
E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)67
E.7 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)67
E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)68
E.9 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)68
E.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (FEB 2021)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:

b. GOVERNMENT: Contracting Officer 36C242 Josephine (Josie) Tuitt Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx NY 10468-3904

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X]
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] Monthly

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 /veterans-affairs

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO
DATE

Page 1 of Page 1 of

STATEMENT OF WORK

COURIER SERVICES

NEW YORK HARBOR VA HEALTHCARE SYSTEM

A. Background: Pathology and Laboratory Medicine service (P&LMS) VA New York Harbor Health Care System requires a courier service that provides 24/7 specimen pickup and delivery. Courier services involves transportation of Laboratory patient specimens, Pharmacy products and Dental instruments to and from VA New York Harbor Healthcare System facilities. On occasion, there may be a need for pick up from the James J. Peters VA Medical Center, 130 West Kingsbridge Road, Bronx NY, 10468-3904 and VA New Jersey Healthcare System -East Orange Campus, 385 Tremont Avenue, East Orange, NJ 07023 to be delivered to one of the VA New York Harbor Healthcare System facilities and vice versa.

B. Service Location: VA New York Harbor Healthcare System

C. Period of Performance

The period of performance is expected to be as follows:

Base Year – Date of Award through March 31, 2022 Option Period 1- April 1, 2022 through March 31, 2023 Option Period 2- April 1, 2023 through March 31, 2024 Option Period 3- April 1, 2024 through March 31, 2025 Option Period 4- April 1, 2025 through March 31, 2026 Scope of Work:

1. Contractor shall provide 24/7 courier service to the Veterans Administration; New York Harbor Healthcare Systems’ (VA NYHHS) three main facilities (Manhattan Campus, Brooklyn Campus, & St. Alban’s Campus) and its two CBOC’s (Staten Island and Harlem campuses) as per E, Schedule of Trips below. There may be a need for pick up from the James J. Peters VA Medical Center, 130 West Kingsbridge Road, Bronx NY, 10468-3904 and East Orange VA Medical Center, 385 Tremont Avenue, East Orange, NJ 07023 to be delivered to one of the VA New York Harbor Healthcare System facilities and vice versa.

2. VA NYHHS reserves the right to change the frequencies of pick-up and deliveries to meet the demand of our patient’s needs. VA New York Harbor Healthcare System requires the courier to be at the VA Medical Center for pick-up within 45 minutes from the time a service call is placed. Pick up beyond the required 45 minutes will be prorated accordingly, unless extenuating circumstances can be documented. Prorated: - 46 mins – 60 mins at 90%; 61mins – 90mins at 80%; 91mins – 120mins at 50%.

3. Deliveries will be made directly to Laboratory Service, Pharmacy Service and Dental Service.

4. The contractor is responsible for the safe transportation of all items to their destination.

5. The contractor shall ensure that all drivers are trained and have received instruction in the safe transport of infectious/diagnostic specimens as required by federal, state and local law. This shall include instructions on procedures to follow in the event of leaks, spills, or breakage. Documentation must be provided upon request.

6. Vehicles must provide protection for the items being transported to prevent exposure to weather (direct sunlight, heat, cold, rain, snow, water, etc.), and insure items are secured to prevent theft or loss.

7. The contractor shall notify Pathology and Laboratory Medicine Service within an hour by phone (718-567-4016 / 212-686-7500 ext. 5460) if conditions exist which may affect their ability to perform contracted requirement at any given time.

8. The P&LMS will require a written report from the contractor when pick up/delivery incidents are documented as being untimely. This report will be due within 24 hours of request. In addition to P&LMS manifest of specimens, contractor is responsible for maintaining a log of all pick-ups and deliveries. Logs will indicate the time, dates of pick-ups and deliveries, number of specimens/parcels received or delivered, the appropriate signatures and a comments column. Logs shall be available for review at any time during the contract.

9. Drivers must be in uniform and always possesses valid identification.

10. Drivers may not accept tips from VA employees.

D. Flat Payment Rates:

The Government contemplates award of a Firm-Fixed-Price, the CLIN per trip are FLAT rates. Schedule of trips C below shows an estimated quantity of trips for the Manhattan Campus, Brooklyn Campus, St. Albans Campus, Staten Island CBOC, Harlem CBOC, James Peters VA Medical Center and New Jersey Medical Center (East Orange). This estimate is not a representation to an offeror or contractor that the estimated quantity will be required or ordered, or that conditions affecting requirements will be stable or normal. Payment for trips shall be computed in accordance with the following guidelines:

a) Contractor shall be paid an average of the combined flat rate for trips to or from all locations to include “call-out rate”.

i. Manhattan Campus (Flat rate = a)

ii. Brooklyn Campus (Flat rate = b)

iii. St. Albans Campus (Flat rate = c)

iv. Staten Island Campus (Flat rate = d)

v. Harlem Campus (Flat rate = e)

vi. James J. Peters VA Medical Center (Bronx) (Flat rate = f)

vii. New Jersey VA Healthcare System, East Orange Campus (Flat rate = g)

viii. Call out rate / Emergency (Flat rate = h)

b) Combined flat rate = (a + b + c + d + e + f + g + h) / 8 = X. X now becomes the flat rate for all trips regardless of location, distance, time of day or call-out.

c) One (1) trip is defined as pick up location to delivery location. Returning to originating point is not considered a trip. Therefore, should not be billed as such. For example, from Manhattan to Brooklyn campus they are four (4) trips per day.

i. Trip #1: - Pick in Manhattan at 9 am and delivered to Brooklyn at 10 am.

ii. Trip #2: - Pick in Manhattan at 11 am and delivered to Brooklyn at 12:15 pm.

iii. Trip #3: - Pick in Manhattan at 1pm and delivered to Brooklyn at 2:15 pm.

iv. Trip #4: - Pick in Manhattan at 3 pm and delivered to Brooklyn at 4:15 pm.

d) Callouts are defined as any trip outside of the scheduled trips. Rate is the same as X

e) For destinations other than those described above; the contractor shall be paid a flat rate based on the mileage for a trip. Mileage shall be calculated from the designated point of pickup and the designated point of drop off.

f) The VA Medical Center use internet-based “Bing Maps” to verify mileage. Allowable charges for mileage shall not exceed the Bing Maps calculation of the “shortest distance” between the pick-up point and the drop-off point.

g) Trips may be cancelled by the VA, if a trip is cancelled while a vehicle is in route for pick up the contractor shall be entitled to receive 50% of the flat rate for the trip. If a trip is cancelled after a vehicle has reached the designated point for pickup, or if the contractor is unable to perform a scheduled pickup due to reasons beyond the Contractor’s control (for example, contractor was given an incorrect address), the contractor shall be entitled to receive 100% of the flat rate for the trip. The contractor shall not be entitled to a cancellation fee when cancellation is made prior to dispatch of a vehicle.

h) The pricing provided shall include all additional charges, such as ferry, bridge, tunnel or road toll charges, fuel and other maintenance costs, and the contractor shall not be entitled for separate reimbursement of such charges.

E. Schedule of Trips:

SCHEDULED COURIER SERVICES

PICK UP POINT

DAY OF THE WEEK/TRIPS PER DAY

PICK UP TIME

DESTINATION DELIVERY POINT

ESTIMATED DELIVERY TIME

ESTIMATED NUMBER OF TRIPS / YEAR

Manhattan Campus 423 E 23 St. NY, NY 10010 6th Floor labs.

CORE/HISTO/MICRO

(212) 686-7500 x 7355 Monday – Friday

9 am, 11am

1pm, 3 pm Brooklyn Campus 800 Poly Pl, Brooklyn, NY, 11209

3rd Fl labs.

CORE/HISTO/CYTO

(718) 836-6600 x 3942

10 am, 12:15 pm

2:15 pm, 4:15 pm

Brooklyn Campus 800 Poly Pl, Brooklyn, NY, 11209. 3rd Fl labs.

CORE/HISTO/CYTO

(718) 836-6600 x 3942 Monday – Friday

9 am, 11 am, 1 pm, 3 pm, 8 pm Manhattan Campus 423 E 23 St. NY, NY 10010. 6th Floor labs.

CORE/HISTO

(212) 686-7500 x 7355

10:30 am, 12:15 am, 2:15 pm, 4:15 pm, 9:00 pm

Staten Island Campus 1150 South Avenue 3rd Floor, Suite 301 Staten Island, NY 10314-3404

(718) 836- 6600 x 1511 Monday – Friday

12 pm, 2 pm Manhattan Campus 423 E 23 St. NY, NY 10010. 6th Floor labs.

CORE/HISTO

(212) 686-7500 x 7355

1:30 pm, 3:30 pm

St. Albans Campus 179-00 Linden Blvd, Flushing, NY 11425 Ground Fl. Rm S 123

(718) 836-6600 x 2523 Monday – Friday

11 am, 3 pm Manhattan Campus 423 E 23 St. NY, NY 10010. 6th Floor labs.

CORE/HISTO

(212) 686-7500 x 7355

12:30 pm, 4:30 pm

Brooklyn Campus 800 Poly Pl, Brooklyn, NY, 11209

Basement SPS. G/R

(718) 836-6600 x 3942 Monday – Friday

11 am, 3 pm St. Albans Campus 179-00 Linden Blvd, Flushing, NY 11425 2nd Fl. Dental Rm A-275(R)/A-245(G)

(718) 836-6600 x 2523

12:30 pm, 4:30 pm

St. Albans Campus 179-00 Linden Blvd, Flushing, NY 11425 2nd Fl. Dental Rm A-275(R)/A-245(G)

(718) 836-6600 x 2523 Monday – Friday

1 pm, 4:30 pm Brooklyn Campus 800 Poly Pl, Brooklyn, NY, 11209

Basement SPS. G/R

(718) 836-6600 x 3942

2:30 pm, 6:00 pm

Harlem Campus 55W 125th St. Ste 1101, NY, NY 10027. 11th Fl.

(btw Lenox & 5th Ave)

(212) 686-7500 x 8125 Monday – Friday

2:30 pm Manhattan Campus 423 E 23 St. NY, NY 10010. 6th Floor labs.

CORE/HISTO

(212) 686-7500 x 7355

3:30 pm

WEEKENDS AND FEDERAL HOLIDAYS

PICK UP POINT

WEEKEND/TRIPS PER DAY

PICK UP TIME

DESTINATION DELIVERY POINT

ESTIMATED DELIVERY TIME

ESTIMATED NUMBER OF TRIPS / YEAR

Brooklyn Campus 800 Poly Pl, Brooklyn, NY, 11209. 3rd Fl labs.

CORE/HISTO/CYTO

Saturday – Sunday Holidays

10 am, 2 pm, 8 pm Manhattan Campus 423 E 23 St. NY, NY 10010. 6th Floor labs.

CORE/HISTO

11:15 am, 3:15 pm, 9 pm

UNSCHEDULED COURIER SERVICES

IN-PATIENT PHARMACY

Manhattan

Brooklyn (6th Fl Rm 226)

(718) 836-6600 x 3288

Brooklyn Manhattan

DENTAL & LABORATORY

Manhattan/Brooklyn/ St. Albans/Harlem James J. Peters VA Medical Center (Bronx), New Jersey VA Healthcare System, East Orange Campus

Monday

Sunday

IN-PATIENT PHARMACY

Brooklyn (6th Fl Rm 226)

(718) 836-6600 x 3288

Manhattan

St. Albans St. Albans

DENTAL & LABORATORY

Manhattan/Brooklyn/ St. Albans/Harlem James J. Peters VA Medical Center (Bronx), New Jersey VA Healthcare System, East Orange Campus

DELIVERY

≥ 150

MINIMUM NUMBER OF TRIPS PER YEAR
5142

***information provided is an estimated number of trips/years***

F. Responsibility of New York Harbor Healthcare System

a. Provide originating caller name, contract phone number and location (i.e. laboratory, pharmacy, operating room etc.) to ensure packages are ready for immediate pick up.

b. Provide all packing materials including shipping containers and ensure that all packages are correctly addressed.

c. Ensure all packages are prepared or packed according to any Federal, State, and local regulations for diagnostic or infectious substances as appropriated to the contained specimens, etc.

d. Ensure enough amounts of wet or dry ice are packed with the specimens if required to provide the proper storage temperature for the duration of the transportation process

e. Provide a contact name/number for both the sender and receiver.

f. Coordinate access to VA New York Healthcare Medical Facilities according to current Security Forces rules, regulations and requirements.

G. Evaluation Criteria & Quality Control

Prospects will be required to submit a Technical Capability Proposal, Price Proposal, and Past Performance history and will be evaluated against three evaluation factors. Proposals will be determined by whose offer conforming to the solicitation will be the most advantageous to the Government, price and other factors considered. The use of best value to the Government utilizing comparative evaluation techniques in accordance with FAR 13.106-2(a)(3). The Government shall evaluate information based on the following evaluation criteria:

(a) Technical Capability: Technical capability is defined as an offeror’s ability to satisfy the solicitation’s requirements, providing the highest quality service to the specified facilities. Technical Capability will be determined based on the qualifications of the offeror’s proposal, and demonstration of the following sub-factors.

1. Performance Capability – The offeror’s performance capability document shall include a detailed statement of contractor’s capability to perform the duties of this requirement.

2. Technical Experience (Past Performance) – Contractor must provide a list of 3 to 5 past or current contracts where you performed a requirement of similar scope and complexity. The contractors Past Performance shall also be reviewed in CPARs.

(b) Management, Certification & Training:

1. Contractor shall provide a written quality control plan which includes procedures for mitigating deficiencies in service and a proposed mechanism for correcting for issues that may arise, in support of the SOW.

2. Contractor shall provide documentation of all driver field training, HIPPAA & OSHA Training and Certification in the safe transport of infectious/diagnostic specimens.

(c) Price, the government will evaluate offers for total price.

H. Safety Requirements

The contractor and/or representatives shall comply with VA New York Healthcare System safety standards always.

Wearing seatbelts/shoulder harness and observing posted base traffic regulations and maximum speed limits while driving on grounds.

Refrain from using cellular telephones while operating a motor vehicle on the property.

I. Workload Estimate

As per Schedule of Trips (E)

ITEM
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
CLIN 0001
Date of Award – 03/31/2022

Courier services for pick-up and delivery of clinical and/or pharmacy emergency supplies & dental instruments FLAT RATES to and from VISN 2 South Facilities Monday - Sundays to include Schedule and Unscheduled Courier Services

**5142 trips per year**

0001a
Base Year: POP Begin Date of Award

POP End: 03-31-2022 Manhattan Campus to Brooklyn Campus

Trips: 4 p/day Pick up times: 9am, 11am, 1pm, 3pm Delivery times: 10am, 12:15pm, 2:15pm, 4:15pm

YR

0001b
Base Year: POP Begin

Date of Award POP End: 03-31-2022 Brooklyn Campus to Manhattan Campus

Trips: 5 p/day Pick up times: 9am, 11am, 1pm, 3pm, 8pm Delivery times: 10am, 12:15pm, 2:15pm, 4:15pm, 9pm

0001c
Base Year: POP Begin Date of Award

POP End: 03-31-2022 Staten Island to Manhattan Campus

Trips: 2 p/day Pick up times: 12pm, 2pm Delivery times: 1:30pm, 3:30pm

0001d
Base Year: POP Begin

Date of Award POP End: 03-31-2022 St. Albans Campus to Manhattan Campus

Trips: 2 p/day Pick up times: 11am, 3pm Delivery times: 12:30pm, 4:30pm

0001e
Base Year: POP Begin Date of Award

POP End: 03-31-2022 Brooklyn Campus to St. Albans Campus (Dental)

Trips: 2 p/day

0001f
Base Year: POP Begin Date of Award

POP End: 03-31-2022 St. Albans Campus to Brooklyn Campus (Dental)

Trips: 2 p/day Pick up times: 1pm, 4:30pm Delivery times: 2:30pm, 6pm

0001g
Base Year: POP Begin Date of Award

POP End: 03-31-2022 Harlem Campus to Manhattan Campus

Trips: 1 p/day Pick up times: 2:30pm Delivery times: 3:30pm

0001h
Base Year: POP Begin Date of Award

POP End: 03-31-2022 Weekends & Federal Holidays

Trips: 3 p/day Pick up times: 10am, 2pm, 8pm Delivery times: 11:15pm, 3:15pm, 9pm

0001i
Base Year: POP Begin Date of Award

POP End: 03-31-2022 Unscheduled Services

CLIN

Option year 1: 4/1/2022 – 03/31/2023

Courier services for pick-up and delivery of clinical and/or pharmacy emergency supplies & dental instruments

0002a
Option year 1: 4/1/2022 – 03/31/2023

Manhattan Campus to Brooklyn Campus

Trips: 4 p/day

0002b
Option year 1: 4/1/2022

– 03/31/2023 Brooklyn Campus to Manhattan Campus

Trips: 5 p/day

0002c
Option year 1: 4/1/2022 – 03/31/2023

Staten Island to Manhattan Campus

Trips: 2 p/day

0002d
Option year 1: 4/1/2022 – 03/31/2023

St. Albans Campus to Manhattan Campus

Trips: 2 p/day

0002e
Option year 1: 4/1/2022 – 03/31/2023

Brooklyn Campus to St. Albans Campus (Dental)

Trips: 2 p/day

0002f
Option year 1: 4/1/2022 – 03/31/2023

St. Albans Campus to Brooklyn Campus (Dental)

Trips: 2 p/day

0002g
Option year 1: 4/1/2022 – 03/31/2023

Harlem Campus to Manhattan Campus

Trips: 1 p/day

0002h
Option year 1: 4/1/2022 – 03/31/2023

Weekends & Federal Holidays

Trips: 3 p/day

0002i
Option year 1: 4/1/2022 – 03/31/2023

Unscheduled Courier Services

CLIN

Option year 2: 4/1/2023 – 03/31/2024

Courier services for pick-up and delivery of clinical and/or pharmacy emergency supplies & dental instruments

0003a
Option year 2: 4/1/2023 – 03/31/2024

Manhattan Campus to Brooklyn Campus

Trips: 4 p/day

0003b
Option year 2: 4/1/2023 – 03/31/2024

Brooklyn Campus to Manhattan Campus

Trips: 5 p/day

0003c
Option year 2: 4/1/2023 – 03/31/2024

Staten Island to Manhattan Campus

Trips: 2 p/day

0003d
Option year 2: 4/1/2023 – 03/31/2024

St. Albans Campus to Manhattan Campus

Trips: 2 p/day

0003e
Option year 2: 4/1/2023 – 03/31/2024

Brooklyn Campus to St. Albans Campus (Dental)

Trips: 2 p/day

0003f
Option year 2: 4/1/2023 – 03/31/2024

St. Albans Campus to Brooklyn Campus (Dental)

Trips: 2 p/day

0003g
Option year 2: 4/1/2023 – 03/31/2024

Harlem Campus to Manhattan Campus

Trips: 1 p/day

0003h
Option year 2: 4/1/2023 – 03/31/2024

Weekends & Federal Holidays

Trips: 3 p/day

0003i
Option year 2: 4/1/2023 – 03/31/2024

CLIN

Option year 3: 4/1/2024 – 03/31/2025

Courier services for pick-up and delivery of clinical and/or pharmacy emergency supplies & dental instruments

0004a
Option year 3: 4/1/2024 – 03/31/2025

Manhattan Campus to Brooklyn Campus

Trips: 4 p/day

0004b
Option year 3: 4/1/2024

– 03/31/2025 Brooklyn Campus to Manhattan Campus

Trips: 5 p/day

0004c
Option year 3: 4/1/2024 – 03/31/2025

Staten Island to Manhattan Campus

Trips: 2 p/day

0004d
Option year 3: 4/1/2024 – 03/31/2025

St. Albans Campus to Manhattan Campus

Trips: 2 p/day

0004e
Option year 3: 4/1/2024 – 03/31/2025

Brooklyn Campus to St. Albans Campus (Dental)

Trips: 2 p/day

0004f
Option year 3: 4/1/2024 – 03/31/2025

St. Albans Campus to Brooklyn Campus (Dental)

Trips: 2 p/day

0004g
Option year 3: 4/1/2024 – 03/31/2025

Harlem Campus to Manhattan Campus

Trips: 1 p/day

0004h
Option year 3: 4/1/2024 – 03/31/2025

Weekends & Federal Holidays

Trips: 3 p/day

0004i
Option year 3: 4/1/2024 – 03/31/2025

CLIN

Option year 4: 4/1/2025 – 03/31/2026

Courier services for pick-up and delivery of clinical and/or pharmacy emergency supplies & dental instruments

0005a
Option year 4: 4/1/2025 – 03/31/2026

Manhattan Campus to Brooklyn Campus

Trips: 4 p/day

0005b
Option year 4: 4/1/2025

– 03/31/2026 Brooklyn Campus to Manhattan Campus

Trips: 5 p/day

0005c
Option year 4: 4/1/2025 – 03/31/2026

Staten Island to Manhattan Campus

Trips: 2 p/day

0005d
Option year 4: 4/1/2025 – 03/31/2026

St. Albans Campus to Manhattan Campus

Trips: 2 p/day

0005e
Option year 4: 4/1/2025 – 03/31/2026

Brooklyn Campus to St. Albans Campus (Dental)

Trips: 2 p/day

0005f
Option year 4: 4/1/2025 – 03/31/2026

St. Albans Campus to Brooklyn Campus (Dental)

Trips: 2 p/day

0005g
Option year 4: 4/1/2025 – 03/31/2026

Harlem Campus to Manhattan Campus

Trips: 1 p/day

0005h
Option year 4: 4/1/2025 – 03/31/2026

Weekends & Federal Holidays

Trips: 3 p/day

0005i
Option year 4: 4/1/2025 – 03/31/2026

GRAND TOTAL: BASE YEAR - OPTION YEAR 4 $_________________________

B.2 DELIVERY SCHEDULE

ITEM NUMBER
QUANTITY
DELIVERY DATE

CLIN 0001 - 4001

1,040.00

CLIN 0002 - 4002

1,300.00

CLIN 0003 - 4003

520.00

CLIN 0004 - 4004

520.00

CLIN 0005 - 4005

520.00

CLIN 0006 - 4006

520.00

CLIN 0007 - 4007

260.00

CLIN 0008 - 4008

312.00

CLIN 0009 - 4009

5.00

CLIN 0009a - 4009a

5.00

CLIN 0010 - 4010

150.00

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) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (JUN 2020)

(a) Definitions. As used in this clause— "Acquisition function closely associated with inherently governmental functions" means supporting or providing advice or recommendations with regard to the following activities of a Federal agency:

(1) Planning acquisitions.

(2) Determining what supplies or services are to be acquired by the Government, including developing statements of work.

(3) Developing or approving any contractual documents, to include documents defining requirements, incentive plans, and evaluation criteria.

(4) Evaluating contract proposals.

(5) Awarding Government contracts.

(6) Administering contracts (including ordering changes or giving technical direction in contract performance or contract quantities, evaluating contractor performance, and accepting or rejecting contractor products or services).

(7) Terminating contracts.

(8) Determining whether contract costs are reasonable, allocable, and allowable.

"Covered employee" means an individual who performs an acquisition function closely associated with inherently governmental functions and is—

(1) An employee of the contractor; or

(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures.

"Non-public information" means any Government or third-party information that—

(1) Is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552) or otherwise protected from disclosure by statute, Executive order, or regulation; or

(2) Has not been disseminated to the general public and the Government has not yet determined whether the information can or will be made available to the public.

"Personal conflict of interest" means a situation in which a covered employee has a financial interest, personal activity, or relationship that could impair the employee's ability to act impartially and in the best interest of the Government when performing under the contract. (A de minimis interest that would not "impair the employee's ability to act impartially and in the best interest of the Government" is not covered under this definition.)

(1) Among the sources of personal conflicts of interest are—

(i) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household;

(ii) Other employment or financial relationships (including seeking or negotiating for prospective employment or business); and

(iii) Gifts, including travel.

(2) For example, financial interests referred to in paragraph (1) of this definition may arise from—

(i) Compensation, including wages, salaries, commissions, professional fees, or fees for business referrals;

(ii) Consulting relationships (including commercial and professional consulting and service arrangements, scientific and technical advisory board memberships, or serving as an expert witness in litigation);

(iii) Services provided in exchange for honorariums or travel expense reimbursements;

(iv) Research funding or other forms of research support;

(v) Investment in the form of stock or bond ownership or partnership interest (excluding diversified mutual fund investments);

(vi) Real estate investments;

(vii) Patents, copyrights, and other intellectual property interests; or

(viii) Business ownership and investment interests.

(b) Requirements. The Contractor shall—

(1) Have procedures in place to screen covered employees for potential personal conflicts of interest, by—

(i) Obtaining and maintaining from each covered employee, when the employee is initially assigned to the task under the contract, a disclosure of interests that might be affected by the task to which the employee has been assigned, as follows:

(A) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household.

(B) Other employment or financial relationships of the covered employee (including seeking or negotiating for prospective employment or business).

(C) Gifts, including travel; and

(ii) Requiring each covered employee to update the disclosure statement whenever the employee's personal or financial circumstances change in such a way that a new personal conflict of interest might occur because of the task the covered employee is performing.

(2) For each covered employee—

(i) Prevent personal conflicts of interest, including not assigning or allowing a covered employee to perform any task under the contract for which the Contractor has identified a personal conflict of interest for the employee that the Contractor or employee cannot satisfactorily prevent or mitigate in consultation with the contracting agency;

(ii) Prohibit use of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Obtain a signed non-disclosure agreement to prohibit disclosure of non-public information accessed through performance of a Government contract.

(3) Inform covered employees of their obligation—

(i) To disclose and prevent personal conflicts of interest;

(ii) Not to use non-public information accessed through performance of a Government contract for personal gain; and

(iii) To avoid even the appearance of personal conflicts of interest;

(4) Maintain effective oversight to verify compliance with personal conflict-of-interest safeguards;

(5) Take appropriate disciplinary action in the case of covered employees who fail to comply with policies established pursuant to this clause; and

(6) Report to the Contracting Officer any personal conflict-of-interest violation by a covered employee as soon as it is identified. This report shall include a description of the violation and the proposed actions to be taken by the Contractor in response to the violation. Provide follow-up reports of corrective actions taken, as necessary. Personal conflict-of-interest violations include—

(i) Failure by a covered employee to disclose a personal conflict of interest;

(ii) Use by a covered employee of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Failure of a covered employee to comply with the terms of a non-disclosure agreement.

(c) Mitigation or waiver. (1) In exceptional circumstances, if the Contractor cannot satisfactorily prevent a personal conflict of interest as required by paragraph (b)(2)(i) of this clause, the Contractor may submit a request through the Contracting Officer to the Head of the Contracting Activity for—

(i) Agreement to a plan to mitigate the personal conflict of interest; or

(ii) A waiver of the requirement.

(2) The Contractor shall include in the request any proposed mitigation of the personal conflict of interest.

(3) The Contractor shall—

(i) Comply, and require compliance by the covered employee, with any conditions imposed by the Government as necessary to mitigate the personal conflict of interest; or

(ii) Remove the Contractor employee or subcontractor employee from performance of the contract or terminate the applicable subcontract.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts—

(1) That exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award; and

(2) In which subcontractor employees will perform acquisition functions closely associated with inherently governmental functions (i.e., instead of performance only by a self-employed individual).

(End of Clause)

C.3 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Date of Award through 3/31/2026.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the…

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