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36C26018Q0093 X X X 648-3680160-1106-820400-2560 010040144 See CONTINUATION Page The VA POC is Crystal Parris at crystal.parris@va.gov.
to all items in this solicitation.
Notice of Total S mall Business Set-Aside, Page
, applies 4th Option Period: 15 January 2022 - 14 January 2023 3rd Option Period: 15 January 2021 - 14 January 2022 2nd Option Period: 15 January 20 20 - 14 January 2021 1st Option Period: 15 January 2019 - 14 January 2020 Base Year: 15 January 2018 - 14 January 2019 The Period of Performance is as follows:
instructions on pages The Contractor shall throughly review the quote preparation in accordance with the attached statement of work.
Evaluations for the Portland Veteran Affairs Medical System The Contractor shall provide Fit for Duty Psychological See CONTINUATION Page Austin TX 78714-9971 PO Box 149971 Financial Services Center
FMS-VA-2(101)
Department of Veterans Affairs
DuPont WA 98327 1495 Wilmington Drive, Suite 360 Network Contracting Office 20 Department of Veterans Affairs 36C260 Portland OR 97239 3710 SW U.S. Veterans Hospital Road Portland VA Medical Center Department of Veterans Affairs X N/A X Net 30 Days $7.5 Million 621330 X X DuPont WA 98327 1495 Wilmington Drive, Suite 360 Network Contracting Office 20 Department of Veterans Affairs 36C260
12:00 PM PST
01-08-2018 253-888-4923 Crystal Parris 12-28-2017 36C26018Q0093 648-18-1-1106-0001
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
STANDARD FORM 1449
INFORMATION CALL:
7. FOR SOLICITATION
Prescribed by GSA - FAR (48 CFR) 53.212
PREVIOUS EDITION IS NOT USABLE
(REV. 2/2012)
AUTHORIZED FOR LOCAL REPRODUCTION
31c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 30c. DATE SIGNED 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30a. SIGNATURE OF OFFEROR/CONTRACTOR
SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
DATED ________________________________. YOUR OFFER ON SOLICITATION
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
29. AWARD OF CONTRACT: REF. ___________________________________ OFFER
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________
ARE NOT ATTACHED
ARE
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
ARE NOT ATTACHED.
ARE
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
25. ACCOUNTING AND APPROPRIATION DATA
(Use Reverse and/or Attach Additional Sheets as Necessary)
AMOUNT
UNIT PRICE
UNIT
QUANTITY
SCHEDULE OF SUPPLIES/SERVICES
ITEM NO.
24.
23.
22.
21.
20.
19.
SEE ADDENDUM
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
FAX:
PHONE:
DUNS+4:
DUNS:
TELEPHONE NO.
CODE
18a. PAYMENT WILL BE MADE BY
FACILITY CODE
CODE
17a. CONTRACTOR/OFFEROR
CODE
16. ADMINISTERED BY
CODE
15. DELIVER TO
RFP
IFB
RFQ
14. METHOD OF SOLICITATION
13b. RATING
DPAS (15 CFR 700)
RATED ORDER UNDER
13a. THIS CONTRACT IS A
12. DISCOUNT TERMS
SEE SCHEDULE
MARKED
TION UNLESS BLOCK IS
11. DELIVERY FOR FOB DESTINA-
SIZE STANDARD:
NAICS:
8(A)
EDWOSB
SMALL BUSINESS PROGRAM
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
WOMEN-OWNED SMALL BUSINESS
SMALL BUSINESS
VETERAN-OWNED
SERVICE-DISABLED
BUSINESS
HUBZONE SMALL
SMALL BUSINESS
% FOR:
SET ASIDE:
UNRESTRICTED OR
10. THIS ACQUISITION IS
CODE
9. ISSUED BY
TIME
8. OFFER DUE DATE/LOCAL
b. TELEPHONE NO. (No Collect Calls)
a. NAME
6. SOLICITATION ISSUE DATE
5. SOLICITATION NUMBER
4. ORDER NO.
3. AWARD/EFFECTIVE DATE
2. CONTRACT NO.
1. REQUISITION NO.
PAGE 1 OF
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 STATEMENT OF WORK | 4 |
| B.3 PRICE/COST SCHEDULE | 9 |
| SECTION C - CONTRACT CLAUSES | 11 |
| C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 11 |
| C.2 ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS | 11 |
| C.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (NOV 2017) | 12 |
| C.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) | 18 |
| 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 18 |
| C.6 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009) | 18 |
| C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) | 18 |
| C.8 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984) | 19 |
| SECTION E - SOLICITATION PROVISIONS | 21 |
| E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 21 |
| E.2 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016) | 21 |
| E.3 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JAN 2017) | 22 |
| E.4 ADDENDUM to 52.212-1 | 25 |
| E.5 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) | 30 |
| E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (NOV 2017) | 30 |
| E.7 VAAR 852.273-70 LATE OFFERS (JAN 2003) | 45 |
| E.8 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (JAN 2003) | 45 |
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
(Continuation from Standard Form 1449, block 18A.)
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR: To be Determined
| b. GOVERNMENT: | Contracting Officer | |
| Department of Veteran Affairs | ||
| Network Contracting Office 20 | ||
| 1495 Wilmington Drive, Suite 360 | ||
| Dupont, WA 98327 |
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
| [X] |
| 52.232-34, Payment by Electronic Funds Transfer—Other Than 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. Monthly []
d. Other [X] Monthly
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.
Department of Veteran Affairs
FMS-VA-2(101)
Financial Services 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 STATEMENT OF WORK
1. Contract Title: Contracted Employee Health Services – Fit for Duty Psychological Evaluations for Agency Medical Examinations.
2. General Information: This is a non-personal services contract to provide contracted Employee Health services for the Veteran Affairs Portland Healthcare System. The Government shall not exercise any supervision or control over the contract service providers performing the service herein. Such contract service providers shall be accountable solely to the Contractor, who in turn is responsible to the Government.
3. Description of Services: The Contractor shall furnish all labor, supervision, management support and non-personal services necessary to conduct psychological evaluations for selected Agency Medical Examinations. The purpose of an agency medical examination is to obtain objective clinical information so that an informed employment or placement decision can be made:
· Regarding changes in duty status, assignments, or working conditions;
· for reasonable accommodation decisions;
· when a performance, attendance, or conduct problem requires action and is suspected to possibly be related to a medical condition when medical information provided by an employee to management does not provide enough information to make decisions regarding duty status;
· when there is concern over the employee’s ability to continue to meet the physical or mental requirements of the position (also known as a Fitness for Duty Evaluation);
· or when Human Resources Management Service requires an employee who has applied for or is receiving continuation of pay or compensation because of a work-related injury or disease to report for an agency medical examination including those in modified/transitional duty where a progression in duties is not occurring.
· The Contractor shall provide its own offsite office location for services.
4. Background: The Veteran Affairs Portland Healthcare System requires contract personnel to provide contracted Employee Health services and does not have the personnel to perform these services at the hospital.
5. Period of Performance: The Government anticipates awarding a fixed-price service contract. The period of performance shall be for a base year with four (4) one-year option periods (five years total). The Contractor must be ready to accept the first examination request within 30days from date of award.
6. Specific Tasks: Employee Health requires assistance with psychological evaluations for Agency Medical Examinations as detailed below.
6.1 Locations needed for services are in the Portland, Oregon metropolitan area. The need for these services will be ongoing, although usage will fluctuate from month to month, based on number of examinations that are requested by Human Resources.
6.2 The Contractor providing psychological evaluation services for Agency Medical Examinations being coordinated by VA Portland Employee Health Services is responsible for the following:
6.2.1 Receives via secure fax from VA Portland Employee Health Service confidential documents including but not limited to:
6.2.1.1 A supervisory memo outlining concerns for the employee in the workplace;
6.2.1.2 Medical exam findings by a physician certified in Occupational Medicine;
6.2.1.3 Job description with the medical and physical requirements and essential functions of the job in which the employee is working.
6.2.1.4 A copy of the Release of Information signed by the employee allowing exchange of medical documentation between Employee Health Service and the health care provider performing psychological evaluation services.
6.2.2 Conducts psychological evaluation/testing in accordance with established best practices for psychiatry, but only to the extent necessary to assess the work-related concern.
6.2.3 Discusses findings with the employee without explicitly or implicitly postulating what the agency’s hiring decision will or “should” be.
6.2.4 Documents results of the psychological evaluation. This documentation shall:
6.2.4.1 Meet requirements of 5 CFR 339. Specifically:
6.2.4.1.1 History of the psychological condition
6.2.4.1.2 Clinical findings
6.2.4.1.3 Results of any laboratory tests or diagnostic procedures
6.2.4.1.4 Findings of a mental status examination or psychological tests
6.2.4.1.5 Diagnosis of the current health status, including prognosis
6.2.4.1.6 Estimated date of recovery clearly stated
6.2.4.2 Contain an explanation of the impact of the medical condition on the employee’s ability to perform the duties of their job.
6.2.4.3 Address any resulting medical restrictions and justifications for those restrictions.
6.2.4.4 Describe the medical basis of a determination that a person may or may not experience relapse or become incapacitated through performance of duties.
6.2.4.5 Describe any findings indicating that the condition of the person has or has not stabilized.
6.2.4.6 Address the likelihood that the condition may deteriorate and the person may experience sudden incapacitation when carrying out the tasks or duties of a specific position, with or without accommodation, due to the medical condition.
6.2.5 Renders a written summary opinion to Employee Health Service. This opinion must include:
6.2.5.1 A summary of all elements in Item 6.4.5. (Actual written tests do not need to be included but a summary description of tests conducted, their purpose, findings, and interpretation are required).
6.2.5.2 An opinion regarding the employee’s continued ability to meet the physical or medical requirements of a position. This opinion may include a conclusion that:
6.2.5.2.1 The employee needs additional evaluation, examination, or testing, (e.g., specialty neurological examination).
6.2.5.2.2 The employee DOES NOT have a psychological impairment that renders them unable to meet the medical and physical requirements of their position, with or without accommodations, restrictions, or limitations. (If accommodations, restrictions or limitations are recommended, these must be clearly stated along with an end date or plan for re-evaluation or statement that these are permanent in nature.)
6.2.5.2.3 The employee DOES have a psychological impairment that renders them unable to meet the medical and physical requirements of their position, with or without accommodations, restrictions, or limitations.
6.2.6 Receives phone calls from Employee Health nurses or providers regarding administrative or clinical questions related to the psychological evaluation.
6.2.7 Retains all pertinent records and documentation related to the psychological evaluation and ensure records are not released to any entity without written Release of Information from the employee.
6.3 Scheduling: The Contractor shall schedule appointments for examinations within two weeks of requests from Employee Health Service. The VA will not be responsible for any expense associated with patients who do not show up for their appointments. Any cost for this will be endured by the contractor.
6.4 Clinical Services: All examinations shall be conducted in accordance with examination criteria specified in the examination request. Contractor shall examine all conditions listed in the examination request. The contractor holds all responsibility for the quality of the evaluation and subsequent report. Any report not in approved format or with insufficient documentation will be returned to the contractor for reformulation and resubmission of the report. Any report that does not contain required information will be returned to the contractor for re-evaluation at the contractor’s time and expense.
6.5 The Contractor shall maintain records that comply with applicable state and federal patient standards for privacy policy and the Privacy Act (HIPAA). All records must be typewritten, accurate, complete and in compliance with professional standards.
6.6 Reporting: The Contractor shall fax to the VA all completed examination reports within five business day of completing the examination. All examination reports will be signed by the examiner.
6.7 Personnel assigned by the Contractor to perform the services covered by this contract shall be licensed and/or certified to perform needed services at the location where services are provided. The qualifications of such personnel shall also be subject to review by the facility’s medical executive board and approved by the VA facility director prior to beginning work.
6.8 All psychologists performing under this contract shall be board eligible; having completed a residency program in Psychology.
6.9 Psychologists performing under this contract may be required to provide verifiable evidence of all educational and training experiences.
6.10 Psychologists who have current, full and unrestricted licenses in one or more states, but who have, or have ever had, a license restricted, suspended, revoked, voluntarily surrendered pending action, or denied upon application will not be considered for the purposes of this contract.
6.11 All psychologists performing under this contract shall be responsible for abiding by rules and regulations that govern medical provider behaviors.
6.12 All Psychologists performing under this contract shall write, speak and understand the English language proficiently.
6.13 National provider identifier (NPI): The NPI is a standard, unique 10-digit numeric identifier required by HIPAA. The Veterans Health Administration must use NPIs in all HIPAA-standard electronic transactions for individual (health care practitioners) and organizational entities (medical centers). The contractor shall ensure that the health care practitioners and/or medical center providing service under the contract obtains a NPI and provides it as required.
7. Patient Confidentiality: The Contractor shall ensure the confidentiality of all patient information being transported and will be held liable in the event of breach of confidentiality. The Contractor shall comply with the provisions of the Federal Privacy Act of 1974 (Public Law 93-579: http://www.dodig.mil/Resources/PolicyReferences/Privacy/pa1974.pdf), the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1972 (Public Law 93-282: http://www.gpo.gov/fdsys/pkg/STATUTE-88/pdf/STATUTE-88-Pg125.pdf), and the Drug Abuse Office and Treatment Act of 1972 (Public Law 93-255: http://www.gpo.gov/fdsys/pkg/STATUTE- 86/pdf/STATUTE-86-Pg65.pdf), and any other statutes regarding confidentiality of patient information.
8. Option to Extend Services: In accordance with FAR Clause 52.217-8, Option to Extend Services, the contract may be extended, at the Government’s sole discretion, for a period of up to six (6) months, exercisable in increments of not less than one (1) month. If the contract contains an unexercised option period, the Government may elect to exercise the option pursuant to FAR Clause 52.217-9, Option to Extend the Term of the Contract, during any short-term extension. The short-term extension(s) shall be subtracted from the total duration of the immediately succeeding option period that may follow as a result of the exercise of the option pursuant to FAR Clause 52.217-9 so that the combination of the short-term extension(s) and the option will not exceed 12 months duration. If the Government exercises one or more short term extensions in accordance with FAR Clause 52.217-8 and this instruction or an option period pursuant to FAR Clause 52.217-9, or any combination thereof, the contract as extended shall be deemed to include this extension instruction and FAR Clause 52.217-8; thus, the authority to extend services pursuant to FAR Clause 52.217-8 and this instruction may be exercised at the end of the base period and at the end of each option period.
The prices applicable during the short-term extension(s) shall be the price(s) applicable during the immediately succeeding option period if there is one (for example, CLIN 1001 subject only to any adjustment required by the Service Contract Act). If there is no immediately succeeding option period, the price(s) shall be the price(s) applicable during the immediately preceding contract period, subject only to any adjustment required by the Service Contract Act.
The extension(s) may be exercised by the Government IAW FAR Clause 52.217-8, provided that the CO has given notice of the Government’s intent to exercise the extension at least 7 calendar days before this contract is to expire. A notice will be provided for each separate extension.
For requirements items, the prices applicable during the short-term extension(s) shall be the prices applicable during the immediately succeeding option period, if there is one. If there is no succeeding option period, the prices shall be the prices applicable during the immediately preceding contract period.
The cost ceiling(s), base fee(s), and award fee(s) during the short term option(s) shall be the pro rata portion of the costs and fees applicable to the immediately succeeding option period, if there is one. If there is no succeeding option period, the cost ceiling(s) and fee(s) shall be the pro rata portion of the costs and fees for the immediately preceding contract period.
9. Security Requirements: The Contractor employees shall not have access to Veteran Affairs sensitive or computer information and will not require routine access to Veteran Affairs Facilities. The Contractor employees shall require intermittent access only and will be escorted by Veteran Affairs employees while at Veteran Affairs Facilities. No background investigation is required.
10. Invoicing: VA published the final rule requiring vendors to submit invoices electronically to the Financial Services Center (FSC) in the November 27, 2012 Federal Register. The rule became effective December 27, 2012. The rule includes a new contract clause to be inserted in all solicitations and contracts by the contracting officer (VAAR 852.232-72). Vendors can comply with the rule by using either of the two methods below:
The FSC uses a third-party contractor, Tungsten Network, to transition vendors from paper to electronic invoice submission. For information on Tungsten Network electronic invoicing set-up, vendors should call 1-877-489-6135, or email VA.Registration@Tungsten-Network.com.
Vendors are required to register with Tungsten Network and submit invoices electronically as a condition of acceptance of this contract or order.
For questions please refer to: http://www.tungsten-network.com/us/en/veterans-affairs/ Submittal of invoices are to be through http://www.tungsten-network.com/us/en/
If the company elects for a Web Form Account:
Step 1: They do not require a “Registration Key” unless provided to them directly through Email.
Step 5: Their Companies Tax Payer ID Number (TIN) is Required for VA-FSC.
Step 6: Remittance Address Details are Required to Transact to VA-FSC. Please use:
Department of Veterans Affairs
FMS-VA-2(101)
Financial Services Center PO Box 149971 Austin TX 78714-9971
Step 8: The Department of Veterans Affairs Tungsten Number is: AAA544240062
The current account and transaction fees associated with the Tungsten services are paid by the VA-FSC.
Free transaction code (s) are not required.
2. A system that conforms to the X12 electronic data interchange (EDI) format established by the Accredited Standards Center. For FSC e-Invoicing information, please call 1-877-353-9791 or email vafsccshd@va.gov.
FSC and VA’s Office of Acquisition, Logistics and Construction (OALC) will assist existing commercial vendors in migrating to the electronic process. Until the transition to electronic format is complete, FSC will continue to process paper invoices for commercial vendors.
The FSC’s electronic invoicing system provides a variety of flexible solutions for all vendor types, including small businesses, and does not require any vendor transaction fees. More information on the FSC electronic invoicing process can be found at http://www.fsc.va.gov/einvoice.asp.
B.3 PRICE/COST SCHEDULE
BASE YEAR: 15 JANUARY 2018 – 14 JANUARY 2019
| CLIN |
| DESCRIPTION |
| QTY. |
| UNIT |
| UNIT PRICE |
| TOTAL COST |
| 0001 |
| The Contractor shall provide Fit for Duty Psychological Evaluations for Agency Medical Examinations for the Portland VA Medical Center in accordance with the statement of work. |
| 15 |
| EA |
Base Year Subtotal
OPTION PERIOD ONE (1): 15 JANUARY 2019 – 14 JANUARY 2020
| CLIN |
| DESCRIPTION |
| QTY. |
| UNIT |
| UNIT PRICE |
| TOTAL COST |
| 1001 |
| The Contractor shall provide Fit for Duty Psychological Evaluations for Agency Medical Examinations for the Portland VA Medical Center in accordance with the statement of work. |
| 15 |
| EA |
Option Period One (1) Subtotal
OPTION PERIOD TWO (2): 15 JANUARY 2020 – 14 JANUARY 2021
| CLIN |
| DESCRIPTION |
| QTY. |
| UNIT |
| UNIT PRICE |
| TOTAL COST |
| 2001 |
| The Contractor shall provide Fit for Duty Psychological Evaluations for Agency Medical Examinations for the Portland VA Medical Center in accordance with the statement of work. |
| 15 |
| EA |
Option Period Two (2) Subtotal
OPTION PERIOD THREE (3): 15 JANUARY 2021 – 14 JANUARY 2022
| CLIN |
| DESCRIPTION |
| QTY. |
| UNIT |
| UNIT PRICE |
| TOTAL COST |
| 3001 |
| The Contractor shall provide Fit for Duty Psychological Evaluations for Agency Medical Examinations for the Portland VA Medical Center in accordance with the statement of work. |
| 15 |
| EA |
Option Period Three (3) Subtotal
OPTION PERIOD FOUR (4): 15 JANUARY 2022 – 14 JANUARY 2023
| CLIN |
| DESCRIPTION |
| QTY. |
| UNIT |
| UNIT PRICE |
| TOTAL COST |
| 4001 |
| The Contractor shall provide Fit for Duty Psychological Evaluations for Agency Medical Examinations for the Portland VA Medical Center in accordance with the statement of work. |
| 15 |
| EA |
Option Period Four (4) Subtotal
TOTAL CONTRACT PRICE AMOUNT OVER BASE AND ALL OPTION PERIODS:
Base Year Total
Option Period One (1) Total
Option Period Two (2) Total
Option Period Three (3) Total
Option Period Four (4) Total
Contract Value Grand Total
Page 1 of Page 1 of
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/oamm/oa/ars/policyreg/vaar/index.cfm
(End of Clause)
| FAR Number |
| Title |
| Date |
| 52.204-13 |
| SYSTEM FOR AWARD MANAGEMENT MAINTENANCE |
| OCT 2016 |
| 52.204-18 |
| COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE |
| JUL 2016 |
| 52.212-4 |
| CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS |
| JAN 2017 |
| 52.223-6 |
| DRUG-FREE WORKPLACE |
| MAY 2001 |
| 52.232-39 |
| UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS |
| JUN 2013 |
| 52.232-40 |
| PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS |
| DEC 2013 |
| 852.203-70 |
| COMMERCIAL ADVERTISING |
| JAN 2008 |
C.2 ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS
Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
The following clauses are incorporated into 52.212-4 as an addendum to this contract:
FAR 52.202-1, Definitions (Nov 2013) FAR 52.229-3, Federal, State, and Local Taxes (Feb 2013) FAR 52.233-1, Disputes Alternate I (May 2014) FAR 52.242-13, Bankruptcy (Jul 1995)
(End of Addendum to 52.212-4)
C.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (NOV 2017)
(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(3) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(4) 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 2016) (Pub. L. 109–282) (31 U.S.C. 6101 note).
[] (5) [Reserved] [X] (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 (Jul 2013) (41 U.S.C. 2313).
[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).
[] (ii) Alternate I (NOV 2011) of 52.219-3.
[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[] (ii) Alternate I (JAN 2011) of 52.219-4.
[] (13) [Reserved] [X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).
[] (ii) Alternate I (NOV 2011).
[] (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 (NOV 2016) (15 U.S.C. 637(d)(2) and (3)).
[] (17)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (15 U.S.C. 637(d)(4)).
[] (ii) Alternate I (NOV 2016) of 52.219-9.
[] (iii) Alternate II (NOV 2016) of 52.219-9.
[] (iv) Alternate III (NOV 2016) of 52.219-9.
[] (v) Alternate IV (NOV 2016) 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 (OCT 2016) (E.O. 13126).
[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
[X] (28) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).
[X] (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).
[X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).
[X] (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 (MAR 2015) (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 (OCT 2016) (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)).
[] (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).
[X] (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)(12)).
[] (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.
(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).
[] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).
[] (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).
[] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (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).
[X] (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).
[] (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).
[] (11) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).
(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) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities.
(iv) 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.
(v) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(vi) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).
(vii) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).
(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).
(ix) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xi) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).
(xii)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xiii) 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).
(xiv) 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).
(xv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989).
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).
(xvii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xviii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xix) 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).
(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
C.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor at least 30 days prior to contract expiration.
(End of Clause)
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.
(End of Clause)
C.6 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009)
The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses or veteran-owned small businesses proposed as subcontractors in accordance with 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more service-disabled veteran-owned small businesses or veteran-owned small businesses for subcontract work of the same or similar value.
(End of Clause)
C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)
(a) Definitions. As used in this clause—
(1) Contract financing payment has the meaning given in FAR 32.001.
(2) Designated agency office has the meaning given in 5 CFR 1315.2(m).
(3) Electronic form means an automated system transmitting information electronically according to the Accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.
(4) Invoice payment has the meaning given in FAR 32.001.
(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.
(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.
(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:
(1) VA’s Electronic Invoice Presentment and Payment System. (See Web site at http://www.fsc.va.gov/einvoice.asp.)
(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org) includes additional information on EDI 810 and 811 formats.
(d) Invoice requirements. Invoices shall comply with FAR 32.905.
(e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for:
(1) Awards made to foreign vendors for work performed outside the United States;
(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;
(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;
(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or
(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.
(End of Clause)
C.8 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)
The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Oregon. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.
(End of Clause)
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SECTION E - SOLICITATION PROVISIONS
E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/
(End of Provision)
| FAR Number |
| Title |
| Date |
| 52.204-7 |
| SYSTEM FOR AWARD MANAGEMENT |
| OCT 2016 |
| 52.225-25 |
| PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN—REPRESENTATION AND CERTIFICATIONS |
| OCT 2015 |
E.2 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)
(a) Definition. As used in this provision— Commercial and Government Entity (CAGE) code means—
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
(b) The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently in its proposal. The CAGE code entered must be for that name and address. Enter “CAGE” before the number. The CAGE code is required prior to award.
(c) CAGE codes may be obtained via—
(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).
(2) The DLA Commercial and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the offeror does not otherwise register in SAM, an offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.
(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that…
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