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36C25921Q0446
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
36C25921Q0446 07-14-2021 Mitchael Purdom 918-577-4435 07-21-2021 14:00
CDT
36C259 Department of Veterans Affairs Network Contracting Office
NCO 19
1011 Honor Heights Drive Muskogee OK 74401 X X 541350 $8 Million N/A X Department of Veterans Affairs Oklahoma City VA Health Care System 921 NE 13th. St Oklahoma city
OK 74401
36C259 Department of Veterans Affairs Network Contracting Office
NCO 19
1011 Honor Heights Drive Muskogee OK 74401
Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page Elevator Inspection at Oklahoma City VA Health Care System At the time submitting a quote, and prior to award of any contract, the offeror represents to the Contracting Officer that it is a:
1. SDVOSB eligible under VAAR 852.219-10, and
2. Small Business concern under the North American Industry Classification System (NAICS) code assigned to the acquisition, and
3. SDVOSB is listed as verified in VIP database at https://vetbiz.va.gov/ *FAX and Mail will not be accepted Email to: mitchael.purdom@va.gov by date and time in block 8.
See CONTINUATION Page X X Monica Gary VA-VHA-2021-809966C7 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 CONTRACTOR PAYMENT REQUESTS | 4 |
| B.3 Performance Work Statement (PWS) | 5 |
| B.4 COVID-19 HEALTH REQUIREMENTS | 16 |
| B.5 PRICE/COST SCHEDULE | 17 |
| ITEM INFORMATION | 17 |
| SECTION C - CONTRACT CLAUSES | 19 |
| C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018) | 19 |
| C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) | 24 |
| C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 24 |
| C.4 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 24 |
| C.5 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020) | 25 |
| C.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018) | 26 |
| C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020) (DEVIATION) | 27 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 35 |
| D.1 WAGE DETERMINATION | 35 |
| SECTION E - SOLICITATION PROVISIONS | 47 |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUN 2020) | 47 |
| E.2 Addendum to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS | 50 |
| E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020) | 52 |
| E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 54 |
| E.5 FAR 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) | 55 |
| E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (FEB 2021) (JUL 2020) (DEVIATION) | 56 |
| E.7 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008) | 71 |
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 36C259 Monica Gary
Department of Veterans Affairs Network Contracting Office
NCO 19
1011 Honor Heights Drive Muskogee OK 74401
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] following satisfactory services. |
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.
Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
B.2 CONTRACTOR PAYMENT REQUESTS
Contractor e-Invoice Set-Up Information: Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:
· Access the web site for more invoicing instructions: https://www.fsc.va.gov/einvoice.asp
· Tungsten e-Invoice Setup Information: 1-877-489-6135
· Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com
· FSC e-Invoice Contact Information: 1-877-353-9791
· FSC e-invoice email: vafsccshd@va.gov Payment requests may be impacted if contractor fails to maintain SAM registration, has legally changed its business name or "doing business as" name (whichever is shown on the contract), or has transferred the assets used in performing the contract. Refer to FAR clause 52.204-13.
B.3 Performance Work Statement (PWS)
ELEVATOR AND DUMBWAITER INSPECTION
GENERAL INFORMATION
Oklahoma City VA Health Care System requires a multi-year, contracted Elevator and Dumbwaiter Inspection Service with the intent of ensuring the elevators and dumbwaiters are in good working order: Well-maintained and Safe as identified in this PWS. Elevator and Dumbwaiter Inspection is the foundation of service efficiency for all VA Medical Center visitors and staff, in support of the VA Mission.
Location of Services: refer to block 15 of page 1 of SF1449
PURPOSE
The purpose of this contract is to engage a Contractor who can provide scheduled Elevator and Dumbwaiter Inspections on the elevators and dumbwaiters identified in this PWS at OKC VAMC. The contractor will conduct Semi-Annual Routine Inspections and Tests and provide a qualified inspector to witness all Annual (1-Year) Periodic and Five (5) Year Periodic Inspections and Tests as specified herein for all elevators and dumbwaiters listed. The “American National Standard Guide for the Inspection of Elevators, Escalators, and Moving Walks” ASME A17.2-2012 and the “American National Standard Safety Code for Elevators and Escalators” ASME A17.1-2013/CSA B44-13, or current, must be used by the inspector as a guide in conducting and/or witnessing the inspections and tests. All labor, travel, equipment, and material required to conduct and/or witness the required inspections and tests is included in the total cost of this service agreement.
The Contractor shall furnish all contract oversight, management, Technically Trained personnel, labor, equipment, tools, materials, supplies, insurances and transportations necessary to provide scheduled Elevator and Dumbwaiter Inspection and Testing Services for OKC VAMC in accordance with this PWS. This is a non-personal services contract. The Contractor, its employees, agents and subcontractors shall not be considered VA employees for any purpose of fulfilling the PWS and shall be considered employees of the Contractor.
BACKGROUND:
Previous contractor has been Bayline Lifts on contract # VA256-16-F-0522. Details of this can be found by searching the contract # on FPDS.gov. The last date of the Category 5 inspections/tests were on 08/07/2019.
The contracted elevator service provider for the facility is required to provide test weights and equipment for the Category 5 (full load) inspection when they are due.
The hydraulic elevators in the facility will be required to have Category 5 inspections and at the same time as the traction elevators.
Contractor will be able to schedule all units in the same week for the semi-annual and annual tests.
TASKS AND REQUIREMENTS
Contractor is required to perform services on the following inventory list of elevators and dumbwaiters.
INVENTORY OF ELEVATORS & DUMBWAITERS
1. ELEVATOR PASS P-1, TRACTION ELEV. MODEL SWIFT5000 CONTROLLER
WITH SHEPARD HOIST MACHINE. FLOORS OF TRAVEL ARE BASEMENT, GROUND, ONE THROUGH NINE. LOCATION MAIN HOSPITAL.
2. ELEVATOR PASS P-2, TRACTION ELEV. MODEL SWIFT5000 CONTROLLER
WITH SHEPARD HOIST MACHINE. FLOORS OF TRAVEL ARE BASEMENT,
GROUND, ONE THROUGH NINE. LOCATION MAIN HOSPITAL.
3. ELEVATOR PASS P-3, TRACTION ELEV. MODEL SWIFT5000 CONTROLLER
WITH SHEPARD HOIST MACHINE. FLOORS OF TRAVEL ARE BASEMENT,
GROUND, ONE THROUGH NINE. LOCATION MAIN HOSPITAL.
4. ELEVATOR PASS P-4, TRACTION ELEV. MODEL SWIFT5000 CONTROLLER
WITH SHEPARD HOIST MACHINE. FLOORS OF TRAVEL ARE BASEMENT,
GROUND, ONE THROUGH NINE. LOCATION MAIN HOSPITAL.
5. ELEVATOR PASS P-5, TRACTION ELEV. MODEL SWIFT5000 CONTROLLER
WITH SHEPARD HOIST MACHINE. FLOORS OF TRAVEL ARE BASEMENT,
GROUND, ONE THROUGH NINE. LOCATION MAIN HOSPITAL.
6. ELEVATOR PASS P-6, TRACTION ELEV. MODEL SWIFT5000 CONTROLLER
WITH SHEPARD HOIST MACHINE. FLOORS OF TRAVEL ARE BASEMENT,
GROUND, ONE THROUGH NINE. LOCATION MAIN HOSPITAL.
7. ELEVATOR PASS P-7, TRACTION ELEV. MODEL MIPROM CONTROLLER
WITH MONTGOMERY HOIST MACHINE. FLOORS OF TRAVEL ARE
BASEMENT, GROUND, ONE THROUGH SEVEN. LOCATION CLINIC OF
MAIN HOSPITAL.
8. ELEVATOR PASS P-8, TRACTION ELEV. MODEL MIPROM CONTROLLER
WITH MONTGOMERY HOIST MACHINE. FLOORS OF TRAVEL ARE
BASEMENT, GROUND, ONE THROUGH SEVEN. LOCATION CLINIC OF
MAIN HOSPITAL.
9. ELEVATOR PASS P-9, TRACTION ELEV. MODEL MIPROM CONTROLLER
WITH MONTGOMERY HOIST MACHINE. FLOORS OF TRAVEL ARE
BASEMENT, GROUND, ONE THROUGH SEVEN. LOCATION CLINIC OF
MAIN HOSPITAL.
10. ELEVATOR PASS P-10, TRACTION ELEV. MODEL MIPROM CONTROLLER
WITH MONTGOMERY HOIST MACHINE. FLOORS OF TRAVEL ARE
BASEMENT, GROUND, ONE THROUGH SEVEN. LOCATION CLINIC OF
MAIN HOSPITAL.
INVENTORY OF ELEVATORS & DUMBWAITERS
11. ELEVATOR PASS P-11, TRACTION ELEV. MODEL KONE SOLID STATE
CONTROLLER WITH MONTGOMERY HOIST MACHINE. FLOORS
OF TRAVEL ARE BASEMENT, GROUND, ONE THROUGH SEVEN.
LOCATION CLINIC OF MAIN HOSPITAL.
12. ELEVATOR PASS-12, HYDRAULIC ELEV. MODEL MIPROM CONTROLLER
WITH MONTGOMERY MACHINE. FLOORS OF TRAVEL ARE BASEMENT,
AND GROUND. LOCATION CLINIC OF MAIN HOSPITAL.
ELEVATOR #12 IS NO LONGER IN SERVICE
13. ELEVATOR PASS-13, TRACTION ELEV. MODEL SCHINDLER SOLID STATE CONTROLLER WITH DOVER HOIST MACHINE. FLOORS OF TRAVEL ARE GROUND, ONE THROUGH THREE. LOCATION BUILDING 19 OF HOSPITAL.
14. ELEVATOR PASS-14, TRACTION ELEV. MODEL MG GENERATOR RELAY LOGIC CONTROLLER WITH DOVER HOIST MACHINE. FLOORS OF TRAVEL ARE GROUND, ONE THROUGH TWO. LOCATION BUILDING ANIMAL RESEARCH ADJACENT TO BLDG. 19 OF MAIN HOSPITAL.
15. ELEVATOR PASS-15, TRACTION ELVE. MODEL OTIS WITH OVERHEAD MACHINE-ROOM-LESS (MRL) GEARLESS TRACTION TYPE; WITH VARIABLE VOLTAGE VARIABLE FREQUENCY MICROPROCESSOR-BASED CONTROL SYSTEM. FLOORS OF TRAVEL ARE GROUND, LEVELS ONE THROUGH THREE. LOCATION IN PARKING GARAGE AT SOUTHEAST ENTRANCE OF HOSPITAL.
16. ELEVATOR PASS-16, TRACTION ELEV. MODEL OTIS WITH OVERHEAD MACHINE-ROOM-LESS (MRL) GEARLESS TRACTION TYPE; WITH VARIABLE VOLTAGE VARIABLE FREQUENCY MICROPROCESSOR-BASED CONTROL SYSTEM. FLOORS OF TRAVEL ARE GROUND, LEVELS ONE THROUGH THREE. LOCATION IN PARKING GARAGE AT SOUTHEAST ENTRANCE OF HOSPITAL.
ELEVATOR CURRENTLY NOT OPERATIONAL
17. DUMBWAITER NO.1, TRACTION MACHINE. MODEL DA MATOT WITH #201 CONTROLLER. FLOORS OF TRAVEL ARE TWO THROUGH EIGHT. LOCATION DIETETIC OR KITCHEN OF MAIN HOSPITAL.
18. DUMBWAITER NO.2, TRACTION MACHINE. MODEL DA MATOT WITH #201 CONTROLLER. FLOORS OF TRAVEL ARE TWO THROUGH EIGHT. LOCATION DIETETIC OR KITCHEN OF MAIN HOSPITAL.
19. DUMBWAITER NO.6, TRACTION MACHINE. MODEL DA MATOT WITH #200 CONTROLLER. FLOORS OF TRAVEL ARE BASEMENT THROUGH FOUR WITH THREE STOPS. LOCATION CLINIC OF MAIN HOSPITAL.
20. DUMBWAITER NO.7, TRACTION MACHINE. MODEL DA MATOT WITH #300 CONTROLLER. FLOORS OF TRAVEL ARE FOUR THROUGH SEVEN WITH TWO STOPS. LOCATION CLINIC OF MAIN HOSPITAL.
21. DUMBWAITER NO.8, TRACTION MACHINE. MODEL DA MATOT WITH #300 CONTROLLER. FLOORS OF TRAVEL ARE FIVE THROUGH SIX WITH TWO STOPS. LOCATION CLINIC OF MAIN HOSPITAL.
22. DUMBWAITER NO.9, TRACTION MACHINE. MODEL DA MATOT WITH #300 CONTROLLER. FLOORS OF TRAVEL ARE SIX THROUGH SEVEN WITH TWO STOPS. LOCATION CLINIC OF MAIN HOSPITAL.
23. DUMBWAITER NO. 3/CARTLIFT CLEAN NO.1, TRACTION MACHINE. MODEL DA MATOT WITH #901 CONTROLLER. FLOORS OF TRAVEL ARE SIX THROUGH SEVEN WITH TWO STOPS, SPD TO SURGERY. LOCATION CLINIC OF MAIN HOSPITAL.
24. DUMBWAITER NO. 4/CARTLIFT DIRTY NO.2, TRACTION MACHINE. MODEL DA MATOT WITH #901 CONTROLLER. FLOORS OF TRAVEL ARE SIX THROUGH SEVEN WITH TWO STOPS, SURGERY TO SPD. LOCATION CLINIC OF MAIN HOSPITAL.
Page 1 of
TASKS AND REQUIREMENTS (continued) The contractor must ensure each Requirement and each Desired Outcome listed in this PWS is satisfied and that Constraints are honored and respected. If the contractor has any conflicts or challenges with these they should consult the COR or CO.
| REQUIREMENT |
| DESIRED OUTCOME |
| CONSTRAINTS |
SEMI-ANNUAL ROUTINE INSPECTIONS AND TESTS
| Routine Inspections and Tests shall be completed in accordance with ASME A 17.1 – 2013 (does not include dumbwaiters) |
| Conduct thorough inspection and testing |
| A. Parts shall be removed where necessary to determine the exact condition of other parts which could not otherwise be determined. |
B. Equipment shall be cleaned when necessary to make the proper inspection and test.
ANNUAL (1-YEAR) PERIODIC INSPECTIONS AND TESTS
| Inspections and Tests (1 year requirements) shall be completed in accordance with ASME A 17.1 – 2013 |
| Conduct and/or witness the required inspections and tests. |
| Annual Periodic Inspection and Test is to be conducted in conjunction with and in addition to the Semi-Annual Routine Inspection and Test scheduled for the same month. |
FIVE (5) YEAR PERIODIC INSPECTIONS AND TESTS
| Inspections and Tests (5 year requirements) shall be completed in accordance with ASME A 17.1 – 2013 |
| Conduct and/or witness the required inspections and tests. |
| A. Five Year Periodic Inspection and Test is to be conducted in conjunction with and in addition to the Annual Periodic Inspection and Test scheduled for the same month. |
B. Inspection and Test to be performed in the designated year only (FY2016).
OTHER MISCELANEOUS CONSTRAINTS
Construction Changes to the VA Medical Center property as a result of construction may result in changes to the requirements of this contract. Any changes made will be in accordance with FAR clause 52.243-1 Changes -- Fixed Price (Aug 1987) and its Alternate I (Apr 1984).
Medical Center Policies Each VA Medical Center has policies that are updated from time to time. The COR can provide more detailed information to the contractor of these upon commencement of the contract and throughout the term of the contract, as needed, especially policies and constraints regarding parking, possession of weapons, cell phone use and photography as well as smoking on VA property. Violations of such policies may result in individual fines or citation answerable in the United States (Federal) District Court.
Page 1 of Page 1 of
CONTACT POINTS
Contractor Point of Contact (POC) The Contractor shall specify an individual who shall serve as a single point of contact for all Contract related business (POC). Contractor must provide the COR and Contracting Office with the POC contact details, to include cell phone and email, as a minimum:
1. Within 14 business days of contract award,
1. Within 30 business days after contract Option Year renewal, and
1. Within 5 business days prior to a change in the POC by the Contractor.
The POC must be easily accessible by phone and return COR calls within 48 hours of a voice message left by the COR.
Contracting Officer’s Representative (COR) Upon contract commencement, the Contracting Officer will notify the Contractor in writing as to the COR assigned to this contract, and upon reassignment of a new COR, as applicable. Contractor shall only respond to requests for service from the COR or the CO. If service is requested from any source, other than the COR or the CO, the Contractor is to advise the individual of this requirement and refuse to respond. Any billing resulting from unauthorized service will not be paid by the government. The Government reserves the right to inspect and test services in accordance with this PWS, FAR clause 52.246-1 "Inspection of Services - Fixed Price", and the Contract.
Authority of the COR The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract. In the event the Contractor affects any changes at the direction of any person other than the Contracting Officer, the changes will be considered to have been made without authority and no adjustment will be made in the contract price or schedule to cover any increase in costs incurred as a result thereof. The Contracting Officer shall be the only individual authorized to accept nonconforming work, waive any requirement of the contract, and/or modify any term or condition of the contract. The Contracting Officer is the only individual who can legally obligate Government funds. No costs chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific authorization from the Contracting Officer.
Government Alternate Points of Contact (POC) – Emergencies Only The COR will identify Alternate Points of Contact (POC) to be used only for instances of emergencies when the COR is not easily contactable. These will be individuals in supervisory or managerial roles within the same department as the COR. The contractor will be provided this information within 5 days after contract award and within 48 hours of a change to this information. An Alternate POC does not replace the COR nor do they replace the Contracting Officer during the performance and administration of this contract, nor does it relinquish or diminish the Contractor’s requirements in relation to the performance of this Contract.
CONTRACTOR PERSONNEL SPECIFICATIONS and REQUIREMENTS Contractor shall schedule all services at least 2 weeks in advance and approved by VAMC COR. Work must be conducted when the COR or his/her designate is available on site to monitor the work.
At all times during performance of Services, in accordance with this PWS, the Contractor must ensure Contractor personnel are able to function professionally amongst the general public in a hospital and health care environment. Where possible, a warm-natured and humane approach from Contractor personnel is preferred. During the performance of services care and consideration must be given to VA visitors and staff, with a minimal of disturbance.
SAFETY AND SECURITY
Check In/Out Procedures Prior to commencement of, and immediately after each service visit, the Contractor or Contractor’s authorized Personnel, must check in and out with the VAMC COR. Only individual VA Engineering Services staff, as delegated by the COR, can coordinate check in and check out procedures for the Contractor in the absence of the COR. Due to heightened security requirements, the Contractor or his authorized service representative will be required to wear a VA issued ID Badge which will be signed for upon arrival and turned in when leaving. All Badges must be worn at or above the waist and facing forward. This Badge must be turned in before leaving the premises; otherwise the person signing for it will be required to pay for the unreturned ID Badge.
Standard Business Hours Except by special alternate arrangement, coordinated and authorized by the COR, scheduled inspections and testing will be performed only during VA Medical Center standard operating hours which occur between 8:00am to 4:30pm Monday through Friday excluding Federal holidays.
Federal Holidays The Federal Government observes the following days as holidays.
| New Year’s Day |
| January 1st * |
| Martin Luther King Jr.’s Birthday |
| Third Monday in January |
| Presidents Day |
| Third Monday in February |
| Memorial Day |
| Last Monday in May |
| Juneteenth National Independence Day |
| June 19th* |
| Independence Day |
| July 4th * |
| Labor Day |
| First Monday in September |
| Columbus Day |
| Second Monday in October |
| Veterans’ Day |
| November 11th * |
| Thanksgiving Day |
| Fourth Thursday in November |
| Christmas Day |
| December 25th * |
*Holidays that fall on Saturday are observed on the preceding Friday. Holidays that fall on Sunday are observed on the following Monday.
In addition to the days designated as holidays, the Government observes the following days:
· Any other day designated by Federal Statute
· Any other day designated by Executive Order
· Any other day designated by the President of the United States to be a Federal holiday
Safety and Compliance The Contractor must perform services and ensure equipment functions in accordance with:
a) local, state, and federal Occupational Safety and Health guidelines and legislation, which includes Occupational Safety and Health Administration (OSHA) ;
b) local, state and federal guidelines and legislation, as well as VA Medical Center Directives and guidelines; and
c) local, state and federal Fire and Safety legislation and guidelines, to include VA Medical Center directives and legislation on Fire and Safety, as well as the latest published edition of NFPA-99/101 (Health Care Facilities Code).
The Contractor is responsible for all charges, fees, applications and procurement of all permits, licenses, registrations and certificates, pursuant to provision of services.
Protection From Damage Contractor shall provide all labor, materials, and equipment necessary for protection of VAMC personnel, furnishings, equipment and buildings from damage, and shall replace or repair any damage due to work performed under this contract equal to its original construction and finish.
CONTRACTOR FURNISHED EQUIPMENT / PROPERTY (CFE / CFP)
To be updated upon contract award and as necessary. Contractor furnished property and equipment must be properly labeled, to include company name, address and phone number.
GOVERNMENT FURNISHED EQUIPMENT / PROPERTY (GFE / GFP)
Electricity Electricity is available for use by the contractor for the purpose of performing services per this PWS. The contractor shall use electricity from existing outlets at the location. Electric extension power cords will not be provided by the Government.
Parking Spaces Contractor parking arrangements will be made available and must be coordinated with the COR. If parking on VA property drivers must comply with VA Security requirements. The VA does not validate or reimburse parking costs or violations of Contractor’s or their personnel under any circumstances.
QUALITY
Conformance Standards Refer to section on Safety and Compliance in this PWS.
Service Reports Contractor shall provide the COR with individual Service Reports describing all tests performed, all findings, and all recommendations. Findings include whether the elevator parts have been kept clean and lubricated where necessary. Recommendations include adjustments, repairs, or replacements necessary to correct troubles encountered, as well as justification for such recommendations. Specifications need to be sufficient to enable the VAMC to purchase any materials required for the recommendations. All Service Reports are to be signed and dated by designated Contractor POC and given to the COR within one week of each facility Service. The Service Report is to be submitted in “Microsoft Word” format by email to the COR in addition to a printed copy.
Note: All safety or operational related deficiencies shall be immediately reported to the COR during the Service / inspection visit.
Liability Insurance Contractor must provide this VAMC with written confirmation that Contractor has adequate insurance protection against negligent work and other forms of liability. The nature and level of protection must be acceptable to this VAMC. Either a paper version or emailed version must be provided to the COR within:
a) 15 business days of contract award and
b) 15 business days after contract extension
DEFINITIONS
Contractor Employees – has the same meaning as Contractor Personnel Contractor Personnel - has the same meaning as Contractor Employees CO – Contracting Officer COR – Contracting Officer’s Representative POC – Point of Contact SDS - Safety Data Sheet Services – Elevator and Dumbwaiter Testing Technically Trained Personnel – are personnel and/or employees who shall be suitably knowledgeable in the Elevator Inspection and Testing Services in order to satisfactorily perform services in accordance with the PWS. Also known as Contractor Personnel or Contractor Employees or Technicians.
ASME – American Society of Mechanical Engineers NFPA – National Fire Protection Association OSHA - Occupational Safety and Health Administration CFR - Code of Federal Regulations VA Mission - To fulfill President Lincoln's promise "To care for him who shall have borne the battle, and for his widow, and his orphan" by serving and honoring the men and women who are America's veterans.
QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)
| Task |
| Standard |
| Acceptable Quality Level (AQL) |
| Surveillance Method |
| Incentives |
Deduction Penalty Rework
| 1. Service Reports |
| Service Reports signed, dated and provided to COR after each Service. |
| No more than 1 of required documents to COR may be later than the specified time period to be Rated Satisfactory.. |
| Direct Observation -Receipt and review of Service Reports |
| Incentive Rating, refer to Incentive Rating Table |
| 2. Contractor POC |
| POC is available to COR per PWS |
POC Contact information is current and updated.
Respond to at least 95% of incoming telephone calls or voice messages left by COR within the month (calendar) to be Rated Satisfactory.
No more than 3 of returned phone calls to COR may be later than the specified time period within the month (calendar) to be Rated Satisfactory.
Direct Observation - Receipt of POC contact details
Direct Observation - of POC contact details and accessibility Incentive Rating, refer to Incentive Rating Table
3.
Contractor certification
Liability insurance Certification provided to COR on time
Liability insurance provided to COR on time
| No more than 1 of required documents to COR may be later than the specified time period to be Rated Satisfactory. |
| Direct Observation - Receipt of Certifications, and Liability insurance as applicable to PWS |
| Incentive Rating, refer to Incentive Rating Table |
4. GFP/GFE:
Security: Check In / Check Out
| Contractor collects and returns badge(s) same day per PWS |
| No more than 1 occurrence per year (calendar) where Badges are not returned the same day and directly after Service. |
| Direct Observation - Receipt of Badge(s) upon completion of each Service. |
Direct Observation - Review of Badge Log
Badges returned immediately and in person by the Contractor upon notification from COR or OKC VAMC Security.
Incentive Rating, refer to Incentive Rating Table
| Incentives Ratings used in Base Year and Option Year 1 |
| Incentives Ratings used in Option Year 2, 3 and 4 |
| Evaluation Ratings |
| Evaluation Rating Definition |
(+) Meet the acceptable performance definition as a condition for exercise of option year.
Minimum SATISFACTORY rating for ALL TASKS.
(+) Meet the acceptable performance definition as a condition for exercise of option year. Minimum THREE (3) or more TASKS with at least VERY GOOD or EXCEPTIONAL rating.
| Exceptional |
| Performance meets contractual requirements and exceeds many to the Government’s benefit. The contractual performance of the task and sub-task being assessed was accomplished with few minor problems for which corrective actions taken by the contractor were highly effective. |
| Very Good |
| Performance meets contractual requirements and exceeds some to the Government’s benefit. The contractual performance of the task and sub-task being assessed was accomplished with some minor problems for which corrective actions taken by the contractor were effective. |
(+) Meet the acceptable performance definition as a condition for exercise of option year. Minimum SATISFACTORY rating for ALL TASKS to include Exceptional and Very Good rating requirements described above.
| Satisfactory |
| Performance meets contractual requirements. The contractual performance of the task and sub-task contain some minor problems for which corrective actions taken by the contractor appear or were satisfactory. |
(-) Does not meet the acceptable performance definition as a condition for exercise of an option year.
(-) Does not meet the acceptable performance definition as a condition for exercise of an option year.
| Marginal |
| Performance does not meet contractual requirements. The contractual performance of the task and sub-task being assessed reflect a serious problem for which the contractor has not yet identified corrective actions. The contractor’s proposed actions appear only marginally effective or were not fully implemented. |
| Unsatisfactory |
| Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the task or sub-task contains a serious problem(s) for which the contractor’s actions appear or were ineffective. |
* The Government will not exercise the next option year term unless all regulatory requirements are met and the contractor meets the acceptable performance definition.
B.4 COVID-19 HEALTH REQUIREMENTS
Employee Physical Health: Contractor's employees are expected to be in good physical health and able to work in patient care areas without risk to the patients. No personnel shall be assigned to this contract who are not in good physical health or pose a risk to patients. Contractor's personnel who acquire a communicable illness shall not perform service under the contract and shall be free of illness before returning to work. All employees will be screened daily upon arriving on the VA Medical Center property, any contract worker complaining of or showing symptoms will be sent away and must quarantine for 14 days (unless they provide a Doctor’s note stating they are able to work and are not contagious).
If a contractor refuses screening, they can be denied access to the facility. 38 C.F.R. § 1.218(a)(1) vests the Secretary or his designee with authority to close facilities or portions of facilities that are under the charge and control of VA to the public. This includes the authority to prohibit contractors from entering VA facilities, if they refuse to undergo screening measures. Additionally, FAR 52.212-4(q) requires contractors to comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under contracts for commercial services and supplies.
The CDC states that employees, including contractors, with symptoms of influenza-like illness at work during a pandemic should leave the workplace. The CDC provides guidance for the workplace which OMB references in their COVID-19 guidance. The CDC recommends that employees who appear to have acute respiratory illness symptoms (i.e. cough, shortness of breath) upon arrival to work, or become sick during the day, should be sent home immediately. Additionally, if the employee is asymptomatic but tests positive, the employee should be sent home immediately. The responsible Contracting Officer must be notified immediately.
It is incumbent upon the contractor to familiarize themselves with the state’s quarantine rules by visiting the latest information on the web.
B.5 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1.00 |
| JB |
| __________________ |
| __________________ |
Semi-Annual Routine Elevator and Dumbwaiter Inspections/Testing (April & September), in accordance with the PWS (see list in PWS for equipment and serial numbers).
Contract Period: Base POP Begin: Date of Award POP End: 06-30-2022
| 1.00 |
| JB |
| __________________ |
| __________________ |
Annual (1-Year) Elevator and Dumbwaiter Inspections/Testing in accordance with the PWS.
| 1.00 |
| JB |
| __________________ |
| __________________ |
Five (5-Year) Inspection and Tests, in accordance with the PWS.
| 1.00 |
| JB |
| __________________ |
| __________________ |
Semi-Annual Routine Elevator and Dumbwaiter Inspections/Testing (April & September), in accordance with the PWS (see list in PWS for equipment and serial numbers).
Contract Period: Option 1 POP Begin: 07-01-2022 POP End: 06-30-2023
| 1.00 |
| JB |
| __________________ |
| __________________ |
Annual (1-Year) Elevator and Dumbwaiter Inspections/Testing in accordance with the PWS.
Contract Period: Option 1 POP Begin: 07-01-2022 POP End: 06-30-2023
| 1.00 |
| JB |
| __________________ |
| __________________ |
Semi-Annual Routine Elevator and Dumbwaiter Inspections/Testing (April & September), in accordance with the PWS (see list in PWS for equipment and serial numbers).
Contract Period: Option 2 POP Begin: 07-01-2023 POP End: 06-30-2024
| 1.00 |
| JB |
| __________________ |
| __________________ |
Annual (1-Year) Elevator and Dumbwaiter Inspections/Testing in accordance with the PWS.
Contract Period: Option 2 POP Begin: 07-01-2023 POP End: 06-30-2024
| 1.00 |
| JB |
| __________________ |
| __________________ |
Semi-Annual Routine Elevator and Dumbwaiter Inspections/Testing (April & September), in accordance with the PWS (see list in PWS for equipment and serial numbers).
Contract Period: Option 3 POP Begin: 07-01-2024 POP End: 06-30-2025
| 1.00 |
| JB |
| __________________ |
| __________________ |
Annual (1-Year) Elevator and Dumbwaiter Inspections/Testing in accordance with the PWS.
Contract Period: Option 3 POP Begin: 07-01-2024 POP End: 06-30-2025
| 1.00 |
| JB |
| __________________ |
| __________________ |
Semi-Annual Routine Elevator and Dumbwaiter Inspections/Testing (April & September), in accordance with the PWS (see list in PWS for equipment and serial numbers).
Contract Period: Option 4 POP Begin: 07-01-2025 POP End: 06-30-2026
| 1.00 |
| JB |
| __________________ |
| __________________ |
Annual (1-Year) Inspections and Tests in accordance with the PWS.
Contract Period: Option 4 POP Begin: 07-01-2025 POP End: 06-30-2026
| GRAND TOTAL |
| __________________ |
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.—
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments
(9) The specification.
(t) [Reserved]
(u) Unauthorized Obligations.
(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
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