36C24421Q1110_1.docx
DOCX document 37 KB Posted
- Solicitation number
- 36C24421Q1110
About this file
This is a combined synopsis/solicitation seeking quotes for the brand name only unrestricted delivery of Abbott ID Now COVID-19 test kits to the Lebanon VA Medical Center. The Department of Veterans Affairs Network Contracting Office 4 is requesting quotes for 30 test kits per month for 12 months. Interested vendors must provide pricing in Attachments 02A and 02B, complete the certifications in Attachments 03 and 04, and include a letter from Abbott confirming authorization. Quotes are due by August 30, 2021. Delivery must be made within seven days of receipt of each order to the Lebanon VA Medical Center. The purpose is to purchase test kits and supplies for COVID-19 testing at the medical center.
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Other files
| File | Type | Posted |
|---|---|---|
| 36C24421Q1110 0001.docx | DOCX document | |
| 36C24421Q1110 0001_1.docx | DOCX document | |
| Attach 03 52.225-2 BUY AMERICAN CERTIFICATE.docx | DOCX document | |
| Attach 01 Statement of Need.docx | DOCX document | |
| Attach 05--P03 36C244-21-AP-2482_Redacted.pdf | ||
| Attach 02A Price Cost Informational.docx | DOCX document | |
| Attach 04 52.225-18 PLACE OF MANUFACTURE.docx | DOCX document | |
| Attach 02B Price Cost Scehdule--.xlsx | XLSX spreadsheet |
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Text version
SUBJECT*
Brand Name Only Unrestricted Delivery of Abbott ID Now Test Kits for Lebanon VA Medical Center Combined Synopsis Solicitation
GENERAL INFORMATION
| CONTRACTING OFFICE’S ZIP CODE* |
| 15215 |
| SOLICITATION NUMBER* |
| 36C24421Q1110 |
| RESPONSE DATE/TIME/ZONE |
| 08-30-2021 10:00 EASTERN TIME, NEW YORK, USA |
| ARCHIVE |
| 60 DAYS AFTER THE RESPONSE DATE |
| RECOVERY ACT FUNDS |
| N |
SET-ASIDE
| PRODUCT SERVICE CODE* |
| 6550 |
| NAICS CODE* |
| 325413 |
| CONTRACTING OFFICE ADDRESS |
| Department of Veterans Affairs |
Network Contracting Office 4
1010 Delafield Road
POINT OF CONTACT*
Contract Specialist Mark Murray mark.murray4@va.gov
PLACE OF PERFORMANCE
| ADDRESS |
| Department of Veterans Affairs |
Lebanon VA Medical Center
1700 South Lincoln Avenue
Lebanon PA
| POSTAL CODE |
| 17042-7529 |
| COUNTRY |
| USA |
ADDITIONAL INFORMATION
| AGENCY’S URL |
| https://www.va.gov |
| URL DESCRIPTION |
| US Department of Veterans Affairs Website |
| AGENCY CONTACT’S EMAIL ADDRESS |
| mark.murray4@va.gov |
| EMAIL DESCRIPTION |
| Contract Specialist |
Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice
DESCRIPTION
| *= Required Field |
| Combined Synopsis/Solicitation Notice |
Combined Synopsis/Solicitation Notice
Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.
This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-06 (eff. 07/12/2021) and VA Acquisition Regulation (effective 01/27/2021).
This solicitation is Brand Name Only Unrestricted Solicitation for Abbott ID NOW COVID 19 Test Kits (30 Kits per month for 12 months).
The associated North American Industrial Classification System (NAICS) code for this procurement is 325413, with a small business size standard of 1,250 employees. The FSC/PSC is 6550.
The Network Contracting Office 4, 1010 Delafield Road, Pittsburgh, PA 15215-1802 is seeking to purchase of Test Kits and Supplies for Lebanon VA Medical Center, 1700 South Lincoln Avenue, Lebanon, PA 17042-7529, United States.
All interested companies shall provide quotations for the following: See Attachments 02A and 02B; Certifications at Attachments 03 and 04; and Certification (endorsed letter/memo) from the Manufacturer that your firm is an authorized distributor of the equipment supplies offered.
Statement of Need is included as Attachment 01.
Delivery shall be provided: by separate Delivery Orders. No Later than 7 Days after receipt of Delivery Order (ARO). Delivery Terms are Freight On Board (FOB).
Place of Delivery Lebanon VA Medical Center, 1700 South Lincoln Avenue, Lebanon, PA 17042-7529, United States.
The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.
The full text of VAAR provisions or clauses may be accessed electronically at https://www.acquisition.gov/vaar.
Questions regarding this solicitation are due by 08-26-2021. No questions will be answered following this date.
Submission of your response shall be received not later than 13:00 ET on 08-30-2021 at mark.murray4@va.gov in order to be considered for award.
Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f).
Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Point of Contact listed below.
Point of Contact Mark Murray, mark.murray4@va.gov.
SOLICITATION PROVISIONS
52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUL 2021)
The following FAR and Veterans Affairs Acquisition Regulation (VAAR) apply to this acquisition:
52.212-1 Instructions to Offerors -- Commercial Items (JUL 2021) applies to this acquisition.
Addenda to 52.212-1:
Reference word “offer”: delete “offer” and insert “quote” in its place.
Reference word “offeror”: delete “offeror” and insert “vendor” in its place.
Reference paragraph (c) period for acceptance of quotes: delete “30 calendar days” and insert “60 calendar days” in its place.
The following paragraphs are hereby deleted from this provision: (d) product samples, (e) multiple offers, and (h) multiple awards.
Quote Submission Instructions:
Quotes shall be sent electronically via e-mail. All quotes shall include one (1) separate copy of each of the items listed below. Submission of a quote that does not contain all items requested below may result in elimination from consideration of award. Offerors must submit each item of quote in a separate electronic attachment clearly identified as described below. No price information shall be included in the technical or past performance section. Offerors are responsible for including sufficient details to permit a complete and accurate evaluation of each quote.
Attachment 1
1. Completed Schedule of Supplies and Services (Attachment to this solicitation). Completed CLIN price information in the Schedule of Supplies/Services. *Offerors must use the CLINs specified in the Schedule of Supplies/Services. It is not permissible for offerors to use offeror created CLINs or SUBCLINs.
2. Completed certifications and representations located at FAR 52.212-3, or an indication that said certifications and representations are current and located in the SAM database.
3. Signed Certifications that may be included as Addenda to FAR 52.212-1.
4. Signed acknowledgements of amendments (SF30). Applicable only if any amendments are issued against this solicitation.
5. Certification (endorsed letter/memo) from the Manufacturer that your firm is an authorized distributor of the equipment supplies offered.
6. Provide manufacturer’s warranty information for each product listed with the Contract Line Items Numbers for all provided equipment so that the manufacturer’s warranty can be put in place. The contractor will be responsible for providing continuity of all warranties and will ensure transfer of all warranties to VA is completed.
Attachment 2 Vendors shall provide a narrative (including any descriptive literature and/or certifications) which demonstrates the offeror’s ability to meet the technical credentials and capability stated in the Statement of Need (SON) and the Requirements specified in Paragraph 3, Requirements (3.1 through 3.11). The narrative shall not exceed twenty (20) pages and address requirements stated in the SON.
Attachment 3 Past Performance Record: Vendors shall provide information on Past Performance Record. This information is used in determining the level of confidence the Government has for a successful performance based upon the vendor’s actions under previously awarded and/or relevant contracts. The information provided in Volume III will be utilized to evaluate the Vendor’s Past Performance.
To be considered part of the Past Performance record, a vendor must demonstrate execution of three (3) or more relevant contracts in the last five (5) years. If a vendor or its major subcontractor determines that they have no relevant past performance data, they shall provide the following statement in lieu of the information provided below: “(Insert vendor or major subcontractor’s name) has determined that they possess no relevant past performance information in accordance with the RFQ.”
To be complaint with this factor, vendors shall provide the following information for both the vendor and proposed major subcontractors:
(1) A list of Previous Contract Data for the vendor. This list shall contain all relevant three (3) PRIME contracts and relevant subcontracts that the vendor is currently performing or has completed during the last five (5) years. The list shall include:
- Contractor name
- Name of customer/agency
- Contract/Purchase Order Number
- Customer points of contact (provide name, telephone number, and e-mail addresses)
- Period of Performance (dates)
- Description of product/service provided (include sufficient detail to demonstrate similarities/dissimilarities to the requirements of this solicitation)
(2) A list of Previous Contract Data for all major subcontractors containing the information listed in (1) above as it relates to relevant Prime and Subcontracts that the major subcontractor is currently performing or has completed during the last five (5) years.
(3) The Government may utilize the Federal Past Performance Information Retrieval System (PPIRS), the Contractor Performance Assessment Reporting System (CPARS), responses from the Performance Risk Assessment Questionnaire, data submitted by the vendor, and any other information available to determine the quality and relevance of the vendor’s past performance.
The following provisions apply and are incorporated by reference and full text:
(End of Provision) ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS Provisions 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 provisions are incorporated into 52.212-1 as an addendum to this solicitation:
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/
(End of Provision)
| FAR Number |
| Title |
| Date |
| 52.204-7 |
| SYSTEM FOR AWARD MANAGEMENT |
| OCT 2018 |
| 52.204-16 |
| COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING |
| AUG 2020 |
| 52.229-11 |
| TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND REPRESENTATION |
| JUN 2020 |
52.225-2 BUY AMERICAN CERTIFICATE (FEB 2021)
(a)(1) The Offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product.
(2) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products.
(3) The terms ‘‘domestic end product,’’ ‘‘end product,’’ and ‘‘foreign end product’’ are defined in the clause of this solicitation entitled ‘‘Buy American—Supplies.”
(b) Foreign End Products:
| Line item No. |
| Country of origin |
[List as necessary]
(c) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation.
(End of Provision)
52.225-18 PLACE OF MANUFACTURE (AUG 2018)
(a) Definitions. As used in this provision— "Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—
(1) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or
(2) Outside the United States.
(End of Provision)
52.233-2 SERVICE OF PROTEST (SEP 2006)
Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:
Ronald J. Kline Contracting Officer Hand-Carried Address:
Ronald J. Kline Department of Veterans Affairs HJ Heinz Campus 1010 Delafield Road Pittsburgh PA 15215-1802
Mailing Address:
Department Of Veterans Affairs Network Contracting Office 4 1010 Delafield Road Pittsburgh PA 15215-1802
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
(End of Provision)
VAAR 852.215-72 NOTICE OF INTENT TO RE-SOLICIT (OCT 2019)
This solicitation provides offerors fewer than 30 days to submit proposals. In the event that only one offer is received in response to this solicitation, the Contracting Officer may cancel the solicitation and resolicit for an additional period of at least 30 days in accordance with 815.370–2.
(End of Provision) VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008) The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the Web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer.
FAR 52.225-5 Buy American Certificate (Attachment 03) FAR 52.225-18 Place of Manufacture (Attachment 04) (End of Provision) (End of Addendum to 52.212-1)
13.106-2 EVALUATION OF QUOTATION OR OFFERS
The Government intends to award one purchase order as a result of this Request for Quote to the responsible offeror whose quote conforms to the solicitation requirements and will be most advantageous to the Government, price, technical capability of the items offered to meet the Government requirement, and past performance considered.
The Government is not limited to the Past Performance Record information provided above, but reserves the right to independently seek past performance information through open market contracts, government systems, and other government agencies.
The Contracting Officer does anticipate adequate price competition for this RFQ. Should that not happen, the Contracting Officer may need to ask for Data Other than Certified Cost and Price Data to assist with the determination of price reasonableness.
Vendors are advised that submitting an unrealistically low price may be grounds for eliminating a quote from competition. This could be on the basis that the vendor does not understand the requirement or has made an incautious quote.
(End of Provision)
Contractors are required to include a copy of the FAR provision 52.212-3 –Offeror Representations and Certifications –Commercial Items with its proposal or may indicate completion of the representations and certifications on the internet at http://sam.gov. Failure to include the certifications along with the price quote or complete certifications on the internet may result in elimination from consideration for award.
End of Document
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CONTRACT CLAUSES
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:
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/
(End of Clause)
| FAR Number |
| Title |
| Date |
| 52.203-16 |
| PREVENTING PERSONAL CONFLICTS OF INTEREST |
| JUN 2020 |
| 52.203-17 |
| CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS |
| JUN 2020 |
| 52.204-4 |
| PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER |
| MAY 2011 |
| 52.204-13 |
| SYSTEM FOR AWARD MANAGEMENT MAINTENANCE |
| OCT 2018 |
| 52.204-18 |
| COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE |
| AUG 2020 |
| 52.212-4 |
| CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS |
| OCT 2018 |
| 52.222-19 |
| CHILD LABOR—COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2020) (JUL 2020) (DEVIATION) |
| JAN 2020 |
| 52.225-1 |
| BUY AMERICAN—SUPPLIES |
| JAN 2021 |
| 52.232-40 |
| PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS |
| DEC 2013 |
52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)
The Government may increase the quantity of supplies called for in the Schedule at the unit price specified for Contract Line Item Number (CLIN) 0001 for not greater than 180 each. The Contracting Officer may exercise the option by written notice to the Contractor within 30 Days of Contract expiration. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.
(End of Clause) VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)
(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.
[ X ] 852.203–70, Commercial Advertising.
[ X ] 852.232–72, Electronic Submission of Payment Requests.
[ X ] 852.233–70, Protest Content/Alternative Dispute Resolution.
[ X ] 852.233–71, Alternate Protest Procedure.
[ X ] 852.246–71, Rejected Goods.
(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to (End of Clause)
VAAR 852.212-71 GRAY MARKET ITEMS (APR 2020)
(a) No gray market or remanufactured items will be acceptable. Gray market items are Original Equipment Manufacturers’ (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM medical equipment only for VA medical facilities.
(b) Vendor shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.
(End of Clause)
VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)
The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.
(End of Clause)
LOCAL CLAUSE WARRANTY INFORMATION
The following Local Clause applies to this acquisition:
The contractor shall provide each manufacturer’s warranty information for all provided equipment so that the manufacturer’s warranty can be put in place. The contractor will be responsible for providing continuity of all warranties and will ensure transfer of all warranties to VA is completed.
(End of Clause) (End of Addendum to 52.212-4)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020) (DEVIATION)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).
(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115–232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[ X ] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
[ X ] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).
[ X ] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).
[ X ] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
[ X ] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C 632(a)(2)).
[ X ] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
[ X ] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).
[ X ] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
[ X ] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
[ X ] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
[ X ] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
[ X ] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).
[ X ] (48) 52.225-1, Buy American—Supplies (JAN 2021) (41 U.S.C. chapter 83).
[ X ] (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[ X ] (55) 52.229–12, Tax on Certain Foreign Procurements (JUN 2020).
[ X ] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: NONE.
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).
(iv) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115–232).
(v) 52.219–8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(vii) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).
(viii) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(ix) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
(x) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
(xiii)(A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).
(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xx) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
| Attachment |
| Title |
| Date |
| Number of Pages |
| 1 |
| Statement of Need |
| 2A |
| Price Cost Delivery Schedule |
Informational (As will be included in the Awarded Purchase Order)
| 2B |
| Price Cost Schedule EXCEL for completion by Vendor |
Spreadsheet
| 3 |
| FAR 52.225-5 Buy American Certificate for completion by Vendor |
| 4 |
| FAR 52.225-18 Place of Manufacture for completion by Vendor |
| 5 |
| Justification and Approval for Brand Name Only--Redacted |
See attached document: Attach 01 Statement of Need.
See attached document: Attach 02A Price Cost Informational.
See attached document: Attach 02B Price Cost Scehdule--.
See attached document: Attach 03 52.225-2 BUY AMERICAN CERTIFICATE.
See attached document: Attach 04 52.225-18 PLACE OF MANUFACTURE.
See attached document: Attach 05--P03 36C244-21-AP-2482_Redacted.
End of Document
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