36C25819Q0327-003.docx
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- NMVAHCS Emergency Generator Repair, Maintenance, and Tuning Services Federal contract opportunity
- Solicitation number
- 36C25819Q0327
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36C25819Q0327
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
36C25819Q0327 09-12-2019 Derek Lavey 520-792-1450 x2573 09-27-2019 4:30 36C258 Derek Lavey Department of Veterans Affairs NCO22-Gilbert Network Contracting 3601 S. 6th Avenue Tucson
AZ
85723 X 811219 $20.5 Million NET 30 Days N/A X 36C258 Department of Veterans Affairs Southern Arizona VA Healthcare System 3601 S. 6th Avenue Tucson
AZ
85723 36C258 Department of Veterans Affairs NCO22-Gilbert Network Contracting 3601 S. 6th Avenue Tucson
AZ
85723
This is accomplished through the Tungsten Network located at:
http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.
See CONTINUATION Page Contractor shall provide all parts, labor, and supplies to provide Fire Extinguisher Maintenance and Testing Services In accordance with the Statement of Work for the New Mexico VA Healthcare System (NMVAHCS) in Albuquerque, NM.
See CONTINUATION Page X X Daniel C. Thiel Contracting Officer Table of Contents
| SECTION A | 1 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | 1 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 3 |
| B.1 CONTRACT ADMINISTRATION DATA | 3 |
| B.2 PRICE/COST SCHEDULE | 27 |
| ITEM INFORMATION | 27 |
| B.3 DELIVERY SCHEDULE | 30 |
| SECTION C - CONTRACT CLAUSES | 32 |
| C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 32 |
| C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2019) | 32 |
| C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) | 39 |
| C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 40 |
| C.5 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018) | 40 |
| C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 41 |
| C.7 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984) | 42 |
| C.8 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009) | 42 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 43 |
| SECTION E - SOLICITATION PROVISIONS | 54 |
| E.1 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JUL 2016)(DEVIATION) | 54 |
| E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 54 |
| E.3 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) | 57 |
| E.4 EVALUATION—COMMERCIAL ITEMS (CONTINUED) | 57 |
| E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (OCT 2018) | 58 |
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 36C258 Daniel C. Thiel Derek Lavey Department of Veterans Affairs NCO22-Gilbert Network Contracting 3601 S. 6th Avenue Tucson AZ 85723
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] 30 Days ARO |
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.
This is accomplished through the Tungsten Network located at:
http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.
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 Scope of Work for:
Emergency Generator Repairs and Service
1. Background: The Contractor shall provide full service to repair/service aging (30-yr old with almost identical run-time hours) emergency power generators, to include replacing/refitting radiators, all 12 fuel injectors in each engine for 4-emergency power generators in Bldg 42 at NMVAHCS, Albuquerque, NM. Associated service shall include seals, injector timing, rack synchronization, value setting, drain/replace coolant, and changing of engine oil and filters (replace seals if leaking oil) inclusive of all labor, parts, materials, and disposal fees. Emergency Generators shall be maintained per the Joint Commission Environment of Care 2011 9or latest version) Performance Elements equipment in order to keep the service in optimum working condition and compliant with the facility Air Emissions Permit and emergency power requirement. Only 1 generator may be taken out of service at a time to ensure NMVAHCS has adequate emergency power generation capacity 24hr/day in case of emergency. Services shall be furnished F.O.B. Destination, to the New Mexico Veterans Affairs Health Care System (NMVAHCS), 1501 San Pedro Dr. SE, Albuquerque, NM 87108 for the base period of one (1) year with the Government’s option to exercise four (4) additional one-year option periods after a written notice of award has been received by the Contractor.
The contract cost shall include, but not be limited to, the furnishing of all necessary labor, materials, parts, tools, equipment and transportation needed to thoroughly inspect, make adjustments, repair, tune-up, service, test for operating efficiency and other such items in accordance with the terms, conditions, provisions and specifications contained herein, and in accordance with manufacturer’s instructions and specifications.
The following Emergency Generators shall be Repaired, Serviced, and Tuned:
| Building No. | Manufacturer | Model No. | KW | HP | ||
| 42 (4 each) | Caterpillar | D3512 | 705 (ea) | 1325 |
(serial no’s 5UA00-693, -712, -716, and -718)
2. EQUIPMENT, MATERIAL, AND LABOR: The equipment, material, and labor delivery are to be scheduled at least thirty (30) days in advance with the CO’s Technical Representative (COTR), unless otherwise agreed upon by the COTR.
Equipment, material, and labor warranty, and emergency intervening calls or repair(s) shall be performed in accordance with the manufacturer’s specifications and shall include, but not be limited to the following:
(a) Inspection(s) for internal and/or external causes of mechanical and electronic problems, including:
| (1) wear, | |
| (2) misalignment, | |
| (3) maladjustment, | |
| (4) damage, or; | |
| (5) other malfunctions with respect to the manufacturer’s specifications. | |
| (b) Inspection(s) for electrical safety hazards. |
(c) Repair or replacement of all defective components necessary to conform to instrument specifications.
| (d) Calibration or standardization of instrument, as required. |
| (e) Testing for proper operation of the entire system and subsystems. |
| (f) Document proper function and performance of instrument, and; |
(g) Provide written documentation of electrical safety measures after the work has been completed for each visit.
Performance verification shall be required at the conclusion of every warranty or intervening call. The verification procedure may include performance testing for accuracy and precision of the equipment, material, and labor. If any procedures are performed that would in any way affect the calibration status of the equipment, material, and labor, the results of performance testing must conform to the established performance criteria for the equipment, material, and labor.
Equipment, material, and labor shall include software updates (if applicable) needed for the general operation of the equipment.
Equipment, material, and labor shall also include all necessary warranty or intervening equipment calls required to replace any worn or defective parts needed to maintain equipment in optimum operating condition. Only the NMVAHCS Contracting Officer (CO) or the COTR are authorized to request an unscheduled (emergency) repair action. The Contractor must obtain authorization in advance for any work scheduled/performed outside of normal working hours.
3. TECHNICAL SUPPORT: The Contractor shall provide technical support via telephone, e-mail, and/or fax to answer questions pertaining to the material or equipment. This acquisition does not involve Contractor connection of one or more Contractor-owned IT devices (such as laptop computer or remote connection from a Contractor system) to a VA internal trusted (i.e., non-public network) therefore Information Technology (IT) Security certification and accreditation (authorization) (C&A) requirements do not apply per VA Handbook 6500.6.
4. BADGES: All Contractor personnel are required to wear I.D. badges during the entire time he/she is on Government property. I.D. badges must have an identification picture and shall state the name of the individual and the company he/she represents. The Contractor is to coordinate with the COTR to obtain the I.D. badge from the Police Equipment. The Contractor is to provide a list of names who shall be conducting the equipment repairs, and service.
5. DELIVERY (During Normal Working Hours): The Contractor shall notify the COTR when he/she arrives on station, prior to commencing work for any warranty and repairs that shall be performed during the normal working hours of 8:00 a.m. through 4:30 p.m.
After all work is completed, the Contractor is required to submit, in writing, a complete delivery ticket of equipments rendered, and deliver it to the appropriate Engineering Section. At a minimum, this delivery ticket must contain a detailed description of any equipment, material, and labor warranty or repairs performed for each piece of equipment, material, and labor, and must also include a listing of replacement parts, when applicable, total hours of equipment, safety check, performance data, and the date. The delivery ticket shall also include any Contractor recommendations necessary to maintain the equipment in optimum operating condition. Equipment Technician shall document and delivery ticket to the using equipment and COTR, any unsafe conditions or signs of misuse or abuse in regards to this medical equipment. Equipment Technician shall document any problems along with their corrections and all performance verification on the field equipment delivery ticket. The equipment, material, and labor delivery ticket must be legible and signed by the COTR.
6. DELIVERY (During Other Than Normal Working Hours): For warranty or repairs required other than normal working hours, the Contractor must first obtain authorization from the COTR in advance. When this authorization is given for the convenience of the Government, there shall be no additional cost to the Government.
Upon arrival, the Contractor is required to contact the supervisor on-duty of the using equipment where the equipment is located, if the COTR is not available. After work has been completed, a equipment ticket must be signed by the supervisor on-duty and the original equipment ticket (or legible copy) must be left with the supervisor on-duty. Unauthorized Contractor’s equipment tickets, or non-submittal of an equipment ticket, shall be considered non-performance of work.
Both the check-in and check-out procedures defined above are mandatory and shall be strictly enforced.
7. CONTRACTOR’S EQUIPMENT, MATERIAL, LABOR DELIVERY TICKET: After the completion of delivery for any equipment, material, and labor, the Contractor is mandated to provide a detailed and legible copy of the equipment, material, and labor delivery ticket for signature. During normal working hours the COTR shall sign and receive a copy of the equipment, material, and labor delivery ticket. The supervisor on-duty of the department where the equipment is located shall sign and receive a copy of the equipment, material, and labor delivery ticket for equipments provided after normal working hours, on the weekends or holidays. The equipment delivery ticket is to include the following information:
| (a) Company Name |
| (b) Equipment Engineer’s Name |
| (c) Contact Telephone Number |
| (d) Date |
| (e) Equipment Model/Description |
| (f) Location of Equipment |
| (g) Description of Work Performed |
| (h) List of Parts Installed |
| (i) Calibration and Safety Data (if applicable) |
| (j) Any Recommendations or Relevant Comments |
8. PERFORMANCE: Contractor shall respond to equipment, material, and labor delivery, warranty, or emergency calls within four (4) hours and be on station for repair within eight (8) hours after receipt of telephone, written, or verbal notification. Contractor shall proceed to accomplish repair without undue delay. As stated prior, only 1 generator may be taken out of service at a time to ensure NMVAHCS has adequate emergency power generation capacity 24hr/day in case of emergency. All work performed shall be accomplished in accordance with manufacturer's specifications including, but not limited to, adjustments, calibrations, cleaning, lubrication, testing, disassembly, check-out, replacement of worn or defective parts, etc. required to keep the equipment in optimum operating condition. All equipment must be maintained in such a condition that shall satisfy the requirements of the manufacturer, the standards of the Joint Commission, federal, state and city regulations, and any other law, regulation or provision that may apply.
Performance verification shall be required at the conclusion of equipment, material, and labor delivery, warranty, or emergency calls. This verification procedure may include performance testing for accuracy and precision of the equipment and material. If any procedures performed that would in any way affect the calibration status of the equipment and material, the results of performance testing must conform to the established manufacturer's performance criteria for the equipment and material.
9. LABELING REQUIREMENTS: Upon completion of work, the Contractor’s repairman shall affix a Contractor-provided tag to the equipment that includes the following information:
a. Government Equipment Number (EE#)
b. Manufacturer Nameplate
c. Model Number
d. Serial Number
e. Calibration/Safety Data (where applicable)
10. AUTHORIZED WARRANTY: Only the equipment, material, and labor specified herein are authorized under this contract. Before performing any warranty or repairs of a non-warranty nature, the COTR, or CO must be advised of the reasons for this additional work. If appropriate, the CO or his/her designee may authorize the additional equipments or repairs under a separate purchase order authorization. Contractor is cautioned that only the CO or his/her designee may authorize additional equipments or repairs and that reimbursement shall not be made unless this prior authorization is obtained.
11. REMOVAL OF EQUIPMENT: Government property cannot be removed from the station without a signed Property Pass. This Property Pass may be obtained from the Personal Property Management Section, after removal of the equipment has been authorized by the COTR.
A 2237 shall be generated (in which the Contractor shall sign) for a no-charge purchase order so the Contractor shall be authorized to remove the equipment from the facility for repair. If a loaner is to be provided, it shall be shipped to the VA on the no-charge purchase order.
The Contractor may not remove equipment from any Government site for only minor repairs. The Contractor shall be responsible for damage or loss of equipment while in Contractor’s charge.
The Contractor shall provide a loner unit at no charge in the event the equipment requires extensive equipment.
The Contractor shall automatically update equipment with current engineering changes having been established for the equipments’ particular production lot.
12. SAFETY STANDARDS: Contractor shall perform electrical safety measurements on all equipment, material, and labor provided and under warranty after all equipment and supplies have been delivered. The standards to be used are those of the National Fire Protection Association (NFPA) 99, Chapter 8 through 10, and (NFPA) 70. These standards are strictly enforced. Any equipment not meeting the minimum standards shall be considered "inoperable" until such times as it "passes" the minimum standards. All equipment shall be subject to inspection(s) by Engineering personnel to verify compliance with these standards.
In the performance of this warranty, the Contractor shall take such safety precautions as the CO or his designee may determine to be reasonably necessary to protect the lives and the health of the occupants of any building. The CO, or his designee, shall notify the Contractor of any noncompliance with the foregoing provisions and the action to be taken. After receipt of such notice, the Contractor shall immediately correct the conditions to which attention has been directed. Such notice, when served on the Contractor or his representative at the site of work, shall be deemed sufficient for the purposes aforesaid. If the Contractor fails or refuses to comply promptly, the CO may issue a stop-work order for all or any part of the work and hold the Contractor in default as provided elsewhere in this warranty.
13. PARTS: Incidental equipment, material, parts, seals, coolant, oil, oil filters, etc. required to implement Repairs, Service, and Tune-up are included at no extra charge or identified in the bid proposal in this contract. Parts replaced shall be itemized or be provided as no-cost on the Contractor’s invoice and shall be identified by the part number listed on the manufacturer’s parts list. All parts replaced shall be new, with the exception of pre-authorized rebuilt exchange parts, and must meet original equipment manufacturers (OEM) specifications. A minimum one (1) year warranty shall be included for exchange replacement parts, equipment, material, and labor from date of installation.
14. INSURANCE REQUIREMENTS: Before commencing work under this contract, the Contractor shall furnish certification from his insurance company indicating that the coverage outlined in paragraphs (a) and (b) has been obtained and that it may not be changed or canceled without guaranteed thirty (30) days notice to the CO. The CO may waive the requirement if he determines that insurance certifications now on file are acceptable, however, new certifications shall be furnished prior to the expiration date.
1. Worker compensation and employer's liability. Contractors are required to comply with applicable Federal and State Worker Compensation and occupational disease statutes. The Contractor shall comply with all applicable Federal and State laws with regard to liability arising or resulting from injury to or death of an employee in performing the work under this contract and shall save and hold the Government harmless against any or all loss, cost, damage, claim expense or liability whatsoever, because of accident or injury to persons or property of others occurring in the performance of this contract.
1. General Liability. Contractors are required to have Bodily Injury Liability Insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.
C. Property Damage Liability. Contractors are required to have Property Damage Liability insurance coverage of at least $500,000.
15. GOVERNMENT HOLIDAYS: Equipments shall not be performed on the following National holidays:
| New Year's Day | January 1st | ||
| Martin Luther King's Birthday | Third Monday in January | ||
| President's Day | Third Monday in February | ||
| Memorial Day | Last Monday in May | ||
| Independence Day | July 4th | ||
| Labor Day | First Monday in November | ||
| Columbus Day | Second Monday in December | ||
| Veterans Day | November 11th | ||
| Thanksgiving Day | Fourth Thursday in November | ||
| Christmas Day | December 25th |
When a holiday falls on a Sunday, the following Monday shall be observed as a legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a legal holiday by U.S. Government agencies. Also included, would be any other day specifically declared by the President of the United States of America to be a National Holiday.
16. INVOICE AND PAYMENT: Payment will be made when services are rendered, following satisfactory completion of delivery and upon receipt of a properly prepared invoice. Contractor shall submit invoice in the original, either on-line, via the OB-10 invoice submission system OR, direct-mail submission addressed to:
Department of Veterans Affairs Financial Equipments Center P.O. Box 149971 Austin, TX 78714
(toll-free telephone number: (877) 353-9791)
The invoice MUST be itemized to include the following information. Any information listed below, and not provided on an invoice, shall render that invoice incomplete and the invoice shall be returned for immediate correction.
| a. Time period being invoiced for. |
| b. Description of equipments performed. |
| c. Unit Cost billed. |
| d. Extended amount due. |
| e. Invoice number, date, and; |
| f. Warranty, PO, and/or obligation numbers. |
The invoice MUST be submitted by the 10th to ensure payment shall be processed that month. The Contractor is to allow at least 45 days for payment after the invoice has been reviewed, approved, and certified unless the Contractor has filed all the necessary documentation for Electronic Funds Transfers (EFT’s) and/or Credit Card Payment.
17. TRAVEL/SHIPPING: Transportation and shipping charges for shall not be billed or paid under the resulting during the delivery, install, and/or warranty.
18. EQUIPMENT CALLS: Contractor shall provide in the space below, the name, location, and telephone number of the office where equipment calls are to be placed:
Name: __________________________________________________________
Address: __________________________________________________________
Telephone: __________________________________________________________
Point of Contact: __________________________________________________________
19. CONTRACTOR SUBMITTALS: The Contractor shall submit with proposal, two (2) copies of the equipment and material submittals that shall be supplied. The Contractor shall include in the equipment and material, a list of parts for each equipment and material.
20. ADDITIONAL EQUIPMENTS: Contractor guarantees all equipment, material, and labor shall be in optimum working condition and supply additional equipment and material under warranty. Any changes, updates, or retrofits made on any component or system shall be annotated on station equipment manuals and records. Equipment, material, and labor shall also include recording all routine work, corrections, and repair work in the equipment log.
Unlimited equipment, material, and labor interim/warranty calls shall be provided during normal business hours.
21. MATERIAL AND MATERIAL SAFETY DATA SHEETS (MSDS): The Contractor is responsible for having material data safety sheets (MSDS) available on-site for all chemicals, solvents, cleaners, paints, adhesives, etc. used by the Contractor, and for following their precautions. The Contractor shall collect, handle, transport, and remove any waste (solid, recyclable, universal, and hazardous) waste as needed and upon completion of the equipment, material, and labor warranty. The Contractor shall maintain the work area clean and in a safe manner throughout the duration of this warranty. The Contractor shall provide a delivery ticket for all recyclable waste to the COTR monthly or upon completion of the warranty. The Contractor shall provide any dumpsters to properly collect and dispose of waste generated as a result of the equipment, material, and labor. All waste generated shall be disposed of per applicable federal, state, and local regulations.
22. SMOKING: Smoking is not permitted within, or around, the NMVAHCS facilities, except in designated areas.
23. PARKING/SECURITY: It is the responsibility of the Contractor’s personnel to park only in designated parking areas and provide security fencing per OSHA at no additional cost for service being done on the facility Grounds while the service is being performed and maintain the service area secure until the service is completed. The Contractor shall secure the work area per OSHA at no additional cost for service inside of the facility buildings while the service is being performed and maintain the service area secure until the service is completed. Parking information is available from the NMVAHCS Police Service. The NMVAHCS shall not invalidate or make reimbursement for parking violations of the Contractor’s personnel under any circumstances.
24. TEST EQUIPMENT: The NMVAHCS shall not furnish parts and/or test equipment during delivery, install, and for the performance of the warranty. It is the responsibility of the Contractor to bring the appropriate equipment and /or supplies necessary to complete the work as required. All test equipment and/or calibration standards that are to be used in the performance of this warranty shall be in accordance with the National Institute of Standards and Technology (NIST). The Contractor shall make available documentation for viewing upon request by the Government.
25. PROTECTION FROM DAMAGE: The Contractor shall provide all labor, materials and equipment necessary to protect personnel, furnishings, equipment and buildings from damage; Contractor shall remove and replace movable items if necessary and shall replace or delivery ticket any item damaged due to work performed under this warranty equal to its original construction and finish.
26. EVALUATION FACTORS FOR AWARD: The Government shall award a warranty resulting from this solicitation to the responsible Contractor whose offer, conforming to the solicitation, shall be most advantageous to the Government, price and other factors considered. Award shall be based on the following:
(a) Base Bid. The Government shall evaluate the Contractor’s proposal and evaluate the solicitation bid’s. The Government reserves the right to award a warranty at other than the lowest proposed bid after consideration of all factors.
(b) Bid Options. The Government shall evaluate the proposals for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
See Attached Bid Schedule
*Note that during the base year all four generators require Fuel Injector Replacements, Oil/Filter changes, Radiator refits, and test/service/tune-up. The subsequent option years the generators require Oil/Filter changes, and test/service/tune-up.
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful Contractor within the time for acceptance specified in the offer, shall result in a binding warranty without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision)
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1.00 |
| JB |
| __________________ |
| __________________ |
The Contractor shall provide all labor, supervision, management, support, equipment and materials to provide Emergency Generator Repair and Maintenance Services. Base year Maintenance will include replacement of all fuel injectors, refits of all radiators, oil/filter changes and test/service/tune-up. Contractor shall always maintain the facilities identified in accordance with the Statement of Work (SOW) Contract Period: Base POP Begin: 10-01-2019 POP End: 09-30-2020
| 0.00 |
| JB |
| __________________ |
| __________________ |
Emergency Maintenance Services - emergency services not covered within the scope of the contract. The contractor must provide all documentation to support any and all services to be covered.
Contract Period: Base POP Begin: 10-01-2019 POP End: 09-30-2020
| 1.00 |
| JB |
| __________________ |
| __________________ |
The Contractor shall provide all labor, supervision, management, support, equipment and materials to provide Emergency Generator Repair and Maintenance Services. Option year services shall include annual servicing, oil/filter changes and test/service/tune-up. Contractor shall always maintain the facilities identified in accordance with the Statement of Work (SOW)
POP Begin: 10-01-2020 POP End: 09-30-2021
| 0.00 |
| JB |
| __________________ |
| __________________ |
Emergency Maintenance Services - emergency of the contract. The contractor must provide all documentation to support any and all services to be covered.
Contract Period: Option 1 POP Begin: 10-01-2020 POP End: 09-30-2021
| 1.00 |
| JB |
| __________________ |
| __________________ |
The Contractor shall provide all labor, supervision, management, support, equipment and materials to provide Emergency Generator Repair and Maintenance Services. Option year services shall include annual servicing, oil/filter changes and test/service/tune-up. Contractor shall always maintain the facilities identified in accordance with the Statement of Work (SOW)
POP Begin: 10-01-2021 POP End: 09-30-2022
| 0.00 |
| JB |
| __________________ |
| __________________ |
Emergency Maintenance Services - emergency of the contract. The contractor must provide all documentation to support any and all services to be covered.
Contract Period: Base POP Begin: 10-01-2021 POP End: 09-30-2022
| 1.00 |
| JB |
| __________________ |
| __________________ |
The Contractor shall provide all labor, supervision, management, support, equipment and materials to provide Emergency Generator Repair and Maintenance Services. Option year services shall include annual servicing, oil/filter changes and test/service/tune-up. Contractor shall always maintain the facilities identified in accordance with the Statement of Work (SOW)
POP Begin: 10-01-2022 POP End: 09-30-2023
| 0.00 |
| JB |
| __________________ |
| __________________ |
Emergency Maintenance Services - emergency of the contract. The contractor must provide all documentation to support any and all services to be covered.
Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023
| 1.00 |
| JB |
| __________________ |
| __________________ |
The Contractor shall provide all labor, supervision, management, support, equipment and materials to provide Emergency Generator Repair and Maintenance Services. Option year services shall include annual servicing, oil/filter changes and test/service/tune-up. Contractor shall always maintain the facilities identified in accordance with the Statement of Work (SOW) Contract Period: Option 4 POP Begin: 10-01-2023 POP End: 09-30-2024
| 0.00 |
| JB |
| __________________ |
| __________________ |
Emergency Maintenance Services - emergency of the contract. The contractor must provide all documentation to support any and all services to be covered.
Contract Period: Option 4 POP Begin: 10-01-2023 POP End: 09-30-2024
| GRAND TOTAL |
| __________________ |
B.3 DELIVERY SCHEDULE
| ITEM NUMBER |
| QUANTITY |
| DELIVERY DATE |
| 0001 |
| SHIP TO: |
| New Mexico VA Healthcare System |
1501 San Pedro Dr SE Albuquerque, NM 87108 United States
| 1.00 |
| 10/01/2019 to 09/30/2020 |
| MARK FOR: |
| Madeleine Varmer |
(505) 265-1711 4312 madeleine.varmer@va.gov
| 0002 |
| SHIP TO: |
| New Mexico VA Healthcare System |
1501 San Pedro Dr SE Albuquerque, NM 87108 United States
| 0.00 |
| 10/01/2019 to 09/30/2020 |
| MARK FOR: |
| Madeleine Varmer |
| 1001 |
| SHIP TO: |
| New Mexico VA Healthcare System |
1501 San Pedro Dr SE Albuquerque, NM 87108 United States
| 1.00 |
| 10/01/2020 to 09/30/2021 |
| MARK FOR: |
| Madeleine Varmer |
| 1002 |
| SHIP TO: |
| New Mexico VA Healthcare System |
1501 San Pedro Dr SE Albuquerque, NM 87108 United States
| 0.00 |
| 10/01/2020 to 09/30/2021 |
| MARK FOR: |
| Madeleine Varmer |
| 2001 |
| SHIP TO: |
| New Mexico VA Healthcare System |
1501 San Pedro Dr SE Albuquerque, NM 87108 United States
| 1.00 |
| 10/01/2020 to 09/30/2021 |
| MARK FOR: |
| Madeleine Varmer |
| 2002 |
| SHIP TO: |
| New Mexico VA Healthcare System |
1501 San Pedro Dr SE Albuquerque, NM 87108 United States
| 0.00 |
| 10/01/2020 to 09/30/2021 |
| MARK FOR: |
| Madeleine Varmer |
| 3001 |
| SHIP TO: |
| New Mexico VA Healthcare System |
1501 San Pedro Dr SE Albuquerque, NM 87108 United States
| 1.00 |
| 10/01/2022 to 09/30/2023 |
| MARK FOR: |
| Madeleine Varmer |
| 3002 |
| SHIP TO: |
| New Mexico VA Healthcare System |
1501 San Pedro Dr SE Albuquerque, NM 87108 United States
| 0.00 |
| 10/01/2022 to 09/30/2023 |
| MARK FOR: |
| Madeleine Varmer |
| 4001 |
| SHIP TO: |
| New Mexico VA Healthcare System |
1501 San Pedro Dr SE Albuquerque, NM 87108 United States
| 1.00 |
| 10/01/2023 to 09/30/2024 |
| MARK FOR: |
| Madeleine Varmer |
| 4002 |
| SHIP TO: |
| New Mexico VA Healthcare System |
1501 San Pedro Dr SE Albuquerque, NM 87108 United States
| 0.00 |
| 10/01/2023 to 09/30/2024 |
| MARK FOR: |
| Madeleine Varmer |
SECTION C - CONTRACT CLAUSES
C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/
(End of Clause)
| FAR Number |
| Title |
| Date |
| 52.204-13 |
| SYSTEM FOR AWARD MANAGEMENT MAINTENANCE |
| OCT 2018 |
| 52.204-18 |
| COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE |
| JUL 2016 |
| 52.212-4 |
| CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS |
| OCT 2018 |
| 52.232-18 |
| AVAILABILITY OF FUNDS |
| APR 1984 |
| 52.232-40 |
| PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS |
| DEC 2013 |
| 852.203-70 |
| COMMERCIAL ADVERTISING |
| MAY 2018 |
C.2 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 Kaspersky 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 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 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.
[X] (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] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).
[] (ii) Alternate I (NOV 2011).
[] (iii) Alternate II (NOV 2011).
[] (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 (JAN 2017) 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)).
[] (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. 657f).
[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 (SEP 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). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
[] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (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.s 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.s 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) [] (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.
[] (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.
[] (iv) 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 (JUN 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:
[] (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).
| Employee Class |
| Monetary Wage-Fringe Benefits |
[] (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, 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) 52.219–8, 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 subcontracting opportunities.
(v) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(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 (OCT 2015) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under…
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