36C25220Q0007-002.docx
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- BOILER TESTING AND TUNING BASE PLUS 4 OYS Federal contract opportunity
- Solicitation number
- 36C25220Q0007
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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 SI
GN 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. SIGN
ATURE 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
676-20-1-559-0001 36C25220Q0007 07-30-2019
PASHOLK,SUSAN
414-844-4846 08-15-2019
NOON CENTRAL
Department of Veterans Affairs
GLAC (69D)
115 S 84TH STREET
Milwaukee WI 53214-1476 X X 811310 $7.5 Million N/A X
TOMAH VA MEDICAL CENTER
500 E. VETERANS STREET
TOMAH WI 54660-3105
Department of Veterans Affairs
GLAC (69D)
115 S 84TH STREET
Milwaukee WI 53295-1476
Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page
BOILER TESTING AND TUNING SERVICE
AT TOMAH VAMC PER STATEMENT OF WORK
100% SB SET-ASIDE
VA POCJAMES CONANT 608-315-0139
CO SUSAN PASHOLK 414-844-4846
676-3600162-559-854100-2548 010055590 X x
SUSAN PASHOLK
CONTRACTING OFFICER
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
(Continuation from Standard Form 1449, block 18A.)
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR: ______________________________________ (Contractor’s Name) ______________________________________ (Address) ______________________________________ (City-State-Zip) ______________________________________ (Point of Contact/Title)
PHONE NUMBER ______________________________________
E-MAIL ADDRESS ______________________________________
DUNS NUMBER ______________________________________
b. GOVERNMENT: SUSAN PASHOLK, CONTRACTING OFFICER
DEPARTMENT OF VETERANS AFFAIRS
GREAT LAKES ACQUISITION CENTER
115 S. 84TH ST., STE 100
MILWAUKEE WI 53214
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
52.232-34 -- Payment by Electronic Funds Transfer--Other Than System for Award Management.
3. INVOICES: Invoices shall be submitted in arrears in accordance with:
a. 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)
b. Semi-Annually in arrears.
4. GOVERNMENT INVOICE ADDRESS: All invoices from the contractor shall be submitted electronically in accordance with 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)
FACSIMILE, E-MAIL, AND SCANNED DOCUMENTS ARE NOT ACCEPTABLE FORMS OF SUBMISSION FOR PAYMENT REQUESTS.
VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten Network e-Invoice, to transition vendors from paper to electronic invoice submission. Please go to this website: http://ob10.com/us/en/veterans-affairs-us/ to begin submitting electronic invoices, free of charge.
For assistance setting up e-Invoice, the below information is provided:
* Tungsten Network e-Invoice Setup Information: 1-877-489-6135
* Tungsten Network e-Invoice email: VA.Registration@ob10.com <http://VA.Registration@ob10.com/>
* FSC e-Invoice Contact Information: 1-877-353-9791
* FSC e-invoice email: vafsccshd@va.gov <http://va.gov/>
INVOICES:
Payments shall be made in arrears upon receipt of a properly prepared invoice.
In order to comply with the Improper Payment Elimination and Recovery Act of 2010 (IPERA), the VA has mandated electronic invoice submission to the Veterans Affairs Financial Services Center (VAFSC). VAFSC has partnered with Tungsten Network e-Invoicing network, for submissions of all electronic invoices to VA. Tungsten Network electronic invoicing is free to all VA vendors. In order to submit electronic invoices, all VA vendors must register with Tungsten Network by submitting an email to VA.Registration@ob10.com or calling 1-877-752-0900 option 2 for Enrollment.
Contractor shall submit an electronic invoice by the tenth (10th) of the following month services were performed to the Veterans Affairs Financial Services Center (VAFSC) e-Invoice through the website at https://portal.ob10.com/Login.aspx. For questions regarding the submission of VA electronic invoices, Tungsten Network customer service may be contacted at 1-877-489-6135.
All invoices shall reference the vendor name and address, customer name, contract number, appropriate obligation/funding order number, description of services provided, quantity, unit price, and total invoice amount (any additional info). Invoices shall also include any payment discount terms.
For questions regarding invoice receipt or payment, please call VAFSC directly at 1-877-353-9791 or email vafsccshd@va.gov
OFFERORS MUST COMPLETE AND RETURN ALL INFORMATION DESIGNATED HEREIN PRIOR TO THE TIME SPECIFIED IN BLOCK 8 OF SF 1449 IN ORDER TO BE CONSIDERED FOR AWARD.
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
AMENDMENT NO DATE
| ______________________________ | __________________________ |
| ______________________________ | __________________________ |
| ______________________________ | __________________________ |
Offers may be submitted electronically to the following email address: susan.pasholk@va.gov. However, a signed, dated and scanned 1449 must be included along with all other information requested herein by the due date and time. Offers may also be submitted through the regular mail and must be received by the date and time specified in Block 8. CAUTION - LATE Submissions, Modifications, and Withdrawals: See provision 52.212-1. All offers are subject to all terms and conditions of this solicitation.
REQUIRED DOCUMENTATION: Contractor shall e-mail complete quote package with pricing information completed to susan.pasholk@va.gov:
1. Solicitation document with:
a. Contractor shall fill in the SF 1449 blocks 17a, 30a, 30b, and 30c.
b. Contractor shall fill in Pg. 2, 1(a).
c. Contractor shall fill in all unit and total costs under the PRICE/COST SCHEDULE or submit separately the spreadsheet with line items costs filled in.
2. Insurance, certifications, and documentation in accordance with the requirements within the performance work statement.
3. Quote documentation in accordance with 52.212-1; Instruction to Offerors
4. Proof of SAM Registration must be submitted with quote.
A signed, dated and scanned 1449 must be included along with all other information requested herein by the due date and time. Offers may also be submitted through the regular mail and must be received by the date and time specified in Block 8. CAUTION - LATE Submissions, Modifications, and Withdrawals: See provision 52.212-1. All offers are subject to all terms and conditions of this solicitation.
SPECIAL NOTES
In order to maintain integrity of this solicitation and subsequent award date, all offerors are advised that any question and answer requests must be submitted in a written form via e-mail to the Contracting Officer susan.pasholk@va.gov no later than FRIDAY AUGUST 9TH AT NOON CENTRAL. Contracting will issue a consolidated response via solicitation amendment to www.fbo.gov within 2 business days to all parties.
The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitment or issue changes that will affect price, quantity or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred thereof.
SECURITY & PRIVACY CONTROL:
The Certification & Accreditation (C&A) requirements of VHA Handbook 6500.6 do not apply to this requirement, therefore, a Security Accreditation Package is not required. No C&A or MOU/ISA is required. Sensitive information exposure as part of this contract involves applicable security controls within the facility as part of the VA Information Security
If there are any questions related to privacy, please have a member of your staff contact the VA Privacy Service at (202) 461-6309. If there are any questions related to the information security, please have a member of your staff contact the Office of Cyber Security at (304) 262-7733.
AUTHORITY
This Request for Quote (RFQ) solicitation is issued under the authority of FAR Part 13.5 for Certain Commercial Items in which simplified acquisition procedures in FAR Part 13 will be used. FAR Part 14 and 15 will not be used.
The Lowest Price Technically Acceptable source selection process will be used for this FAR 13.5 procurement. This means award will be made on the basis of the lowest evaluated price of quotes meeting or exceeding the acceptability standards for non-cost factors. See 52.212-2 Evaluation – Commercial Items (Section E) for a description of the factors in addition to price that the Government will use to evaluate offers. Prospective contractors must furnish the information listed herein with their quotations to ensure they receive full consideration.
SITE VISIT
It is strongly suggested and expected that the offeror inspect the campus to be serviced to fully understand the nature of the work and the conditions under which the work is to be performed. In no case shall failure to inspect the campus constitute grounds for a claim after contract award. SITE VISIT IS SCHEDULED FOR TUESDAY AUGUST 6, 2019 AT 10:00 AM CENTRAL. INTERESTED PARTIES ARE TO MEET COR JAMES CONANT (608-315-0139) AT BUILDING 415.
BOILER TESTING AND TUNING
SERVICES PRICES/COSTS
Contractor shall provide all equipment, material, labor, travel costs and supervision, to test, calibrate and service the three (3) boilers, housed in B415, on the Tomah VA Medical Campus, according to the following scope of work.
BASE YEAR: OCTOBER 1, 2019 through SEPTEMBER 30, 2020
CLIN DESCRIPTION QTY UNIT UNIT PRICE TOTAL
0001 Provide all equipment, material, labor, travel costs and supervision, to test, calibrate and service the three (3) boilers, housed in B415, on the Tomah VA Medical Campus, according to the scope of work.
2 JOBS $__________ $__________
OPTION YEAR 1: OCTOBER 1, 2020 through SEPTEMBER 30, 2021
CLIN DESCRIPTION QTY UNIT UNIT PRICE TOTAL
1001 Provide all equipment, material, labor, travel costs and supervision, to test, calibrate and service the three (3) boilers, housed in B415, on the Tomah VA Medical Campus, OPTION YEAR 2: OCTOBER 1, 2021 through SEPTEMBER 30, 2022
2001 Provide all equipment, material, labor, travel costs and supervision, to test, calibrate and service the three (3) boilers, housed in B415, on the Tomah VA Medical Campus, OPTION YEAR 3: OCTOBER 1, 2022 through SEPTEMBER 30, 2023
3001 Provide all equipment, material, labor, travel costs and supervision, to test, calibrate and service the three (3) boilers, housed in B415, on the Tomah VA Medical Campus, OPTION YEAR 4: OCTOBER 1, 2023 through SEPTEMBER 30, 2024
4001 Provide all equipment, material, labor, travel costs and supervision, to test, calibrate and service the three (3) boilers, housed in B415, on the Tomah VA Medical Campus, TOTAL BASE PLUS FOUR OPTION YEARS $________________________
STATEMENT OF WORK
BOILER TESTING AND TUNING
The Contractor shall provide all equipment, material, labor, travel costs and supervision, to test, calibrate and service the three (3) boilers, housed in B415, on the Tomah VA (Veterans Affairs) Medical Campus, according to the following scope of work (SOW).
1. SCOPE
A. Semi-annual inspection shall be performed in the months of October and April and in the time frame as follows;
1) Five (5) days or less in October.
2) Five (5) days or less in April.
B. The Contractor shall provide the following:
1) Testing of the combustion burning equipment, including safety devices and interlocks will be done October and April.
2) If adjustments or repairs to the controls are necessary, contractor shall insure proper excess air requirements are maintained for firing natural gas and/or propane.
3) Excess air requirements for VA boilers are as follows:
a) Steam loads above 50%: 15% + 10% ea. (approx. 3% oxygen + 2% - 0%).
b) Steam loads below 50%: 20% + 10% - 0% ea. (approx. 4% oxygen + 2%- 0%).
C. Instrument repairs, calibrations and inspections shall be done in October and April of each contract year along with combustion controls inspection D. All Boiler Plant instrumentation is to be repaired, calibrated and tested to insure proper operation.
E. Contractor shall use calibrated testing instruments, certified as accurate, for use in testing of all instrumentation as defined in this scope of work.
F. All inspections shall include calibration and repairs to the combustion controls.
G. The Contractor may be required to supply replacement parts which will be paid for by the Tomah VAMC, separately from this contract, on a purchase card order.
1) Said replacement parts shall be purchased by the Tomah VAMC (Veterans Affaris medical Center) on a separate purchase card order.
2) Replacement parts shall be billed to the Tomah VAMC at the same cost as was paid by the Contractor.
H. As part of this contract, the Contractor shall be able to provide emergency services and support, either on-site or via phone support, whichever is require within 24 hours of notification. If required, emergency service will be paid separate from this contract.
I. The following devices and transmitters shall be serviced/calibrated in October and April.
1) AT-102 Yokogawa O2 analyzer/boiler with the associated devices below:
a) Contractor shall shut boiler down using a 1.8% O2 test gas.
b) Jackshaft Drive.
c) Oxygen Trim Drive.
d) Stack Temp Transmitter.
e) FCV-106 Feedwater Valve.
f) FT-104 Steam Flow Transmitter.
g) LT-105 Drum Level Transmitter.
2) AT-202 Yokogawa O2 analyzer/boiler with the associated devices below:
a) Contractor shall shut boiler down using a 1.8% O2 test gas.
b) Jackshaft Drive.
c) Oxygen Trim Drive.
d) Stack Temp Transmitter.
e) FCV-206 Feedwater Valve.
f) FT-204 Steam Flow Transmitter.
g) LT-205 Drum Level Transmitter.
3) AT-302 Yokogawa O2 analyzer/boiler with the associated devices below:
a) Contractor shall shut boiler down using a 1.8% O2 test gas.
b) Jackshaft Drive.
c) Oxygen Trim Drive.
d) Stack Temp Transmitter.
e) FCV-306 Feedwater Valve.
f) FT-304 Steam Flow Transmitter.
g) LT-305 Drum Level Transmitter.
4) FCV-503 DA Level Control Valve.
5) FCV-504 DA Pressure Control Valve.
6) DA Tank Level Transmitter.
7) DA Tank Level Dump Control.
8) FCV-602 Condensate Raw Water Make Up Valve.
9) FCV-603 Condensate Soft Water Make Up Valve.
10) Condensate Tank Level Transmitter.
11) Hospital Steam Flow Transmitter.
12) Med steam pressure chart recorder, Hospital Steam Flow.
13) Pressure/Feedwater temp/Outside temp.
14) Shops Steam Flow Transmitter.
15) Med steam pressure chart recorder, Hospital Steam Flow.
16) Transmitters and devices associated with two (2) propane vaporizing units.
J. Any changes to this SOW shall be authorized and approved only through written modification of this contract from the CO (Contracting Officer) in coordination with the COR (Contracting Officers Representative). Costs incurred by the contractor through the actions of parties other than the Contracting Officer shall be borne by the contractor.
K. Notwithstanding, the Contractor shall perform no additional work without the prior written authorization of the Contracting Officer. Any additional work, which may be performed by the Contractor without this approval, will be performed by the Contractor at no additional cost to the Government.
Within fourteen (14) days of the award of this contract, the Contractor and the Government shall agree upon a date for work to take place.
2. SERVICE HOURS AND FEDERAL HOLIDAYS
A. Normal hours of coverage are Monday through Friday from 7:30 am to 4:30 pm, excluding holidays. All work shall be performed during normal hours of coverage unless otherwise requested or approved by the COR or their designee.
B. All contract work shall be on a date and time mutually agreed upon between the Contractor and the COR.
C. Federal Holidays observed by the VAMC are:
| New Years’ Day |
| Labor Day |
| Martin Luther King Day |
| Columbus Day |
| Presidents’ Day |
| Veterans’ Day |
| Memorial Day |
| Thanksgiving Day |
| Independence Day |
| Christmas Day |
3. GENERAL INFORMATION
A. Compliance with General Safety Regulations:
1) All Contractors and Subcontractors performing services for the Government shall comply with all Occupational Safety and Health Administration (OSHA), State, County and Municipal Safety and Occupational Health Standards and any other applicable rules and regulations. All Contractors and Subcontractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this contract.
2) All ladders, scaffolding, tools, equipment, personal protective equipment, etc. shall be OSHA approved for the work to be performed. Contractor shall use caution signs as required by OSHA Regulations. Caution signs shall be on-site on commencement of Contract.
3) The Contractor shall purchase and issue all chemicals in their original containers. Materials that require precautionary warnings shall have affixed to all containers such labels or markings as are prescribed by law, regulatory agencies or this Contract. Any violation of OSHA may be subject to default action.
4) Contractor shall furnish to the COR two (2) copies of Material Safety Data Sheets (MSD Sheets), for all products proposed for use, a minimum of seven (7) days prior to beginning service, for approval. Contractor must update copies of the MSD Sheets on an annual basis. In addition, each time a new chemical product is proposed to be introduced into the facility, a copy of that product's MSD Sheet must be provided to the COR for approval, prior to the product being used at the facility.
5) No combustibles will be allowed in flue gas and no flame impingement on boiler heating surfaces.
6) The Contractor shall coordinate all dates for semi-annual service and testing with contract COR.
7) The contractor’s FST (Field Service Technician) shall contact the COR/POC prior to performing service at this location and shall communicate to the COR of their presence on the Tomah VA Medical Center campus.
8) The contractor shall obtain all other necessary licenses and/or permits required to perform all work under this contract.
9) The Contractor shall provide all necessary documentation that demonstrates the Contractors ability to perform all work under this scope of work and on the specific boilers, and related equipment, systems and assemblies, located at the Tomah VA Medical Center.
10) Contractor is responsible to replace any items damaged by the contractor, sub-contractor, their employees or equipment at no extra charge to the Government.
11) Contractor shall not interrupt any utility service while performing under this contract.
12) Contractor personnel must conduct their work in a manner that does not interfere with the normal functions of the facility and will stop work if asked by the CO/COR as required if interruptions do occur.
13) The Contractor is responsible for supplying, completing, and submitting all reports required or requested by any additional Federal, State, or local codes as they pertain to any work performed under this contract.
14) No hot electrical work shall be performed. Any electrical work that requires any interruption in electricity must be coordinated with the COR and the facility electricians. All OSHA and Facility lockout/tagout procedures shall be followed.
4. CONTRACTING OFFICER’S REPRESENTATIVE (COR)
A. Scheduling of work shall be arranged with at least one, or all the Point of Contacts below and in the following order; contract COR (Contracting Officers Representative) or contract ACOR (Alternate Contracting Officers Representative).
1) See below for Point of Contact information.
| NAME |
| POSITION |
| PHONE |
| Jim Conant |
| COR/Boiler Plant Supervisor |
| 608-315-0139 |
| james.conant@va.gov |
| Bob Stalka |
| ACOR/Maintenance Supervisor |
| 608-315-0123 |
| robert.stalka@va.gov |
5. COMPETENCIES AND QUALIFICATIONS OF PERSONNEL SERVICING EQUIPMENT:
A. Each respondent must have an established business, with an office and staff; The staff includes a Field Service Engineer (FSE) and a second Field Service Engineer who will serve as the backup B. FSE shall have a minimum of two (2) years of experience performing this service. The FSE(s) shall have completed a formalized training program for the equipment identified in the Statement of Work. For field experience, the FSE(s) shall have a minimum of two years of experience, with respect to scheduled and unscheduled preventive and remedial maintenance, on the above kind of Midas physiological monitoring system.
C. The FSEs shall be authorized by the Contractor to perform the maintenance services. The Contractor shall provide written assurance of the competency of their personnel and a list of credentials of approved FSEs for each make and model the Contractor services at the VAMC. The CO may authenticate the training requirements, request training certificates or credentials from the Contractor at any time for any personnel who are servicing or installing any VAMC equipment. The CO and/or COR specifically reserves the right to reject any of the Contractor's personnel and refuse them permission to work on the VAMC equipment.
D. If subcontractor(s) are used, they must be approved by the CO; the Contractor shall submit any proposed change in Subcontractor(s) to the CO for approval/disapproval. The contractor shall be fully staffed on the first day of work under the contract. All personnel shall receive close and continuing first-line supervision by the contractor. Individuals who are performing the work must be experienced, fully trained and a regular employee of the contractor.
E. Contractor's personnel shall be regular employees of the Contractor, day laborers are not acceptable.
6. ORIENTATION FOR CONTRACTOR EMPLOYEES:
A. Contractor will attend an orientation meeting as arranged by the Contracting Officer's Representative (COR). The VA will schedule this meeting and it will include discussion of the following topics: (VA will provide information to the contractor regarding these topics and will document the meeting)
· Fire and Safety
· Infection control
· Disaster procedures - Other B. The Contractor will be responsible to ensure that Contractor employees coming to the work site will receive the information required above.
7. CONTRACT DELIVERABLES
Contractor shall provide, to the COR after completion of work, at the minimum, the following deliverables:
A. All Field Service Reports and completed inspection checklists as they apply. See Attachment A – Inspection Checklist.
B. Results of all calibrations performed and on what piece of equipment said calibrations were performed on, date service, type of calibrations performed and name of FST’s (Field Service Technician(s)) that performed the service.
C. Contractor shall provide all maintenance recommendations that may result from service and inspections performed under this Scope of Work.
8. SECURITY REQUIREMENTS
A. All Contractor FST’s (Field Service Technician(s)) shall obtain contractor ID badges from the COR. Identification shall be worn visible always by the Contractor and all FST’s while on premises. Contractor shall coordinate with COR to acquire said identification badges.
B. During normal working hours of operation, Monday through Friday, the contractor shall check in with the COR/Tomah VAMC (Veterans Affairs Medical Center) POC (Point of Contact) when arriving to perform work and check out with the COR/Tomah VAMC POC when work/work day is complete.
C. During other than normal hours of operation, the contractor shall sign in and out with the Fire Department located on the east end of B36.
D. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Section. The VAMC will not invalidate or make reimbursement for parking violations of the Contractor under any conditions.
E. Effective January 1, 2019, smoking is prohibited both inside and outside (entire campus) at the VAMC.
F. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.
9. RISK CONTROL
A. The Contractor shall take all necessary precautions to protect government property and shall repair any damage caused by their efforts.
B. All work affecting patients shall be coordinated in advance by the Government and the Contractor to have minimal impact on the patients.
10. PLACE OF PERFORMANCE
Tomah VA Medical Center, B415, 500 E. Veterans St., Tomah, WI. 54660
11. PERIOD OF PERFORMANCE
A. Support and service, as defined in this SOW, is to occur as scheduled and as required during the period of performance.
B. Work shall be completed in a timely manner and a performance schedule shall be coordinated with the Government upon contract award.
SECTION C - CONTRACT CLAUSES
C.1 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018) is incorporated by reference.
C.2 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/oamm/oa/ars/policyreg/vaar/index.cfm
ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS:
The following clauses are incorporated by reference:
| 52.204-13 | SYSTEM FOR AWARD MANAGEMENT | OCT 2018 | |
| MAINTENANCE | |||
| 52.204-18 | COMMERCIAL AND GOVERNMENT ENTITY | JUL 2016 | |
| CODE MAINTENANCE | |||
| 52.232-40 | PROVIDING ACCELERATED PAYMENT TO | DEC 2013 |
SMALL BUSINESS SUBCONTRACTORS
| 52.237-2 | PROTECTION OF GOVERNMENT BUILDINGS, | APR 1984 | |
| EQUIPMENT, AND VEGETATION |
C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 calendar days prior to the contract expiration.
(End of Clause)
C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 calendar days prior to the contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 calendar days prior to contract expiration. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed FIVE (5) years.
(End of Clause)
C.5 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)
The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor.
(End of Clause) C.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018) (DEVIATION)
(a) This solicitation includes VAAR 852.219-14.
(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor’s compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor’s offices where the Contractor’s business records or other proprietary data are retained and to review such business records regarding the Contractor’s compliance with this requirement.
(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor’s business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.
(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor’s compliance with the limitations on subcontracting or percentage of work performance requirement.
(End of Clause)
C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)
(a) Definitions. As used in this clause-
(1) Contract financing payment has the meaning given in FAR 32.001.
(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;
(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests;
(4) Invoice payment has the meaning given in FAR 32.001; and
(5) Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.
(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the Contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.
(c) Data transmission. A Contractor must ensure that the data transmission method and format are through one of the following:
(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.
(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI)
(d) Invoice requirements. Invoices shall comply with FAR 32.905.
(e) Exceptions. If, based on one of the circumstances below, the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—
(1) Awards made to foreign vendors for work performed outside the United States;
(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;
(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;
(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or
(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.
(End of clause)
C.8 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)
The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of WISCONSIN. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.
(End of Clause) (End of Addendum to 52.212-4)
C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO
IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS
(MAY 2019)
(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 Kapersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(5) 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:
[ ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEPT 2006), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509)).
[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUNE 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[X] (4) 52.204-10, Reporting Executive Compensation & First-Tier Subcontract Awards (OCT 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).
[ ] (5) [Reserved] [ ] (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (PUB. L. 111-117, section 743 OF DIV. C).
[ ] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (PUB. L. 111-117, section 743 OF DIV. C).
[X] (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) (31 U.S.C. 6101 note).
[ ] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).
[ ] (10) [Reserved] [ ] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).
[ ] (ii) Alternate I (NOV 2011) of 52.219-3 [ ] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[ ] (ii) Alternate I (JAN 2011) of 52.219-4 [ ] (13) [Reserved] [X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).
[ ](ii) Alternate I (NOV 2011) of 52.219-6.
[ ](iii) Alternate II (NOV 2011) of 52.219-6.
[ ] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).
[ ] (ii) Alternate I (OCT 1995) of 52.219-7.
[ ](iii) Alternate II (MAR 2004) of 52.219-7.
[ ] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).
[ ] (17)(i) 52.219-9, Small Business Subcontracting Plan (AUG 2018) (15 U.S.C. 637(d)(4)).
[ ](ii) Alternate I (NOV 2016) of 52.219-9.
[ ](iii) Alternate II (NOV 2016) of 52.219-9.
[ ](iv) Alternate III (NOV 2016) of 52.219-9.
[ ](v) Alternate IV (AUG 2018) of 52.219-9.
[ ] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).
[X] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).
[ ] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).
[ ] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657 f).
[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013) (15 U.S.C. 632(a)(2)).
[ ] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)) [ ] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)) [X] (25) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).
[ ] (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2018) (E.O. 13126).
[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
[X] (28)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).
(ii) Alternate I (FEB 1999) of 52.222-26.
[ ] (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).
(ii) Alternate I (JULY 2014) of 52.222-35 [X] (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). (ii) Alternate I (July 2014) of 52.222-36 [ ] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
[ ] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496) [X] (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
[ ] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
[ ] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[ ] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[ ] (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).
[ ] (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).
[ ] (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O. 13423 and 13514).
[ ] (ii) Alternate I (OCT 2015) of 52.223-13.
[ ] (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O. 13423 and 13514).
[ ] (ii) Alternate I (JUN 2014) of 52.223-14 [ ] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).
[ ] (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
[ ] (ii) Alternate I (JUN 2014) of 52.223-16.
[X] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513) [ ] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
[ ] (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).
[ ] (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(ii) Alternate I (JAN 2017) of 52.224-3.
[X] (46) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 83).
[ ] (47)(i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).
[ ] (ii) Alternate I (MAY 2014) of 52.225-3.
[ ] (iii) Alternate II (MAY 2014) of 52.225-3.
[ ] (iii) Alternate III (MAY 2014) of 52.225-3.
[ ] (48) 52.225-5, Trade Agreements (AUG 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[X] (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O’.s, proclamations and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[ ] (50) 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) [ ] (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150) [ ] (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150) [ ] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
[ ] (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f).
[X] (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).
[ ] (56) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).
[ ] (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
[ ] (58) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
[ ] (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).
[ ] (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C.2631).
| [ ] (ii) Alternate I (APR 2003) of 52.247-64. |
| [ ] (iii) Alternate II (FEB 2006) of 52.247-64 (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: |
[Contracting Officer check as appropriate.] [ ] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).
[X] (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
[X] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). GS 6 $19.44 - $25.27 PER HOUR [ ] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[ ] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[ ] (6) 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) [ ] (7) 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).
[X] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).
[X] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
[ ] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, or 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) 52.219-8, 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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer…
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