Fabrication for Eye Glasses - Terms-Conditions SOL.docx
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- Fabrication of Eye Glasses - Santa Fe Indian HC
- Solicitation number
- 75H70722R00010
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|---|---|---|
| SF-1449 - Fabrication of Eye Glasses-SFIHC.pdf | ||
| Past Performance Survey Form.docx | DOCX document |
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SECTION 1: GENERAL:
| 1.1 | SERVICES | |
| 1.1.1 | The Indian Health Service (IHS), Albuquerque Area Office (AAO), Santa Fe Indian Health Center has a need for Fabrication of Eye Glasses Services for Optometry Department, Santa Fe, New Mexico. | |
| 1.1.2 | The Government contemplates to award a single award resulting from this solicitation. | |
| 1.2 | PRICE OR COST | |
| 1.2.1 | This solicitation will result in a Firm-Fixed-Price (FFP) IDIQ with a Base and Four Option Periods. | |
| 1.3 | GENERAL CONTRACT INFORMATION: | |
| 1.3.1 | This is a non-personal service contract, as defined in Federal Acquisition Regulation (FAR) 37.101, a contract under which the personnel rendering the services are not subject, the contract’s terms or the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees. | |
| 1.3.2 | As an independent Contractor; billing and collecting for the federal, state and other local city/county taxes is the burden of the Contractor, this includes the New Mexico Gross Receipt Taxes (NMGRT) for services provided in any county of the State of New Mexico. | |
| 1.3.3 | The Contractor's price/cost for services under this contract should include all applicable taxes for Internal Revenue Service (IRS), State of New Mexico Taxation and Revenue agency and/or other revenue agencies. The Indian Health Service will not withhold taxes nor will it issue a W-2 to the contractor. | |
| 1.4 | CONTRACT PRICE | |
| 1.4.1 | This solicitation will result in an FFP IDIQ. The price for this contract is $ (TBD). | |
| 1.4.2 | Upon delivery and acceptance of the item(s) specified in the DELIVERY Article in SECTION 7 of this contract, the Government shall pay to the Contractor resulting from the awarded contract price. | |
| 1.4.3 | Upon delivery and acceptance the services described in the IDIQ and identified in the schedule of charges below, the Government shall pay to the Contractor the total prices set forth below and will be paid from the following Contract Line Item Numbers (CLINs) accordingly: | |
| 1.4.4 | PRICING SCHEDULE: BASE | |
| Clear | ||
| SH | ||
| CR-39 | ||
| Poly |
| Trivex |
| 1.67 |
| 1.74 |
SV
FT28
FT35
7X28
Progressive Lens Designs
| AVANTE Digital AR |
| 13 |
| HOYA Elite |
| 18 |
| HOYA Elite Mini |
| 14 |
| YOUNGER Image |
| 18 |
| VARILUX Comfort 2 |
| 17 |
| SOLA Access |
| 18 |
| -- |
| -- |
| -- |
Photochromic*
SH
CR-39*
CR-39
XTRActive®
Poly* Poly XTRActive®
Trivex* Trivex XTRActive®
1.67* 1.67 XTRActive®
1.74*
SV
FT28
| -- |
| -- |
| -- |
| -- |
FT35
| -- |
| -- |
| -- |
| -- |
| -- |
| -- |
7X28
| -- |
| -- |
| -- |
| -- |
Progressive Lens Designs
| AVANTE Digital AR |
| 13 |
| HOYA Elite |
| 18 |
| -- |
| -- |
| -- |
| -- |
| -- |
| -- |
| HOYA Elite Mini |
| 14 |
| -- |
| -- |
| -- |
| -- |
| -- |
| YOUNGER Image |
| 18 |
| -- |
| -- |
| VARILUX Comfort 2 |
| 17 |
| -- |
| -- |
| -- |
| -- |
*Photochromic= Transitions®, XTRActive®, Photochromic
| Polarized* |
| SH |
| CR-39* |
| Poly* |
| Trivex* |
| 1.67* |
SV
FT28
FT35
| -- |
| -- |
| -- |
7X28
| -- |
| -- |
Progressive Lens Designs
| AVANTE Digital AR |
| 13 |
| YOUNGER Image |
| 18 |
| -- |
| -- |
| YOUNGER Adage |
| 13 |
| -- |
| -- |
| -- |
| VISION-EASE Novel |
| 18 |
| -- |
| -- |
| -- |
*Polarized=NuPolar® & Coppertone®
Extra Services
Coatings
Sphere Over 6D*
Avante Radiant AR 2yr
Cylinder Over 3D*
Avante Premium AR 1yr
Prism Over 3D*
Standard AR
ADD Power Over 4D
Avante AZUL 1yr
Special Edging
Avante Fog-Free*
Rimless Groove
Mirror Coating
Drill Mount
Solid Tint
Roll & Polish
Gradient Tint
Luster Polish
Double Gradient Tint
Frame Engraving
Therapeutic Tint: FL-41
*Per Diopter
*Must be paired with AR or Avante AZUL
Blue Light Filter*
| Avante Blue CR-39 |
| Avante Blue Poly |
| Avante Blue 1.67 |
| BluTech 1.56 |
SV
| FT28 |
| -- |
Digital Progressive
*AR Not Included
| 1.4.4 | The Contractor shall be paid upon submission of an invoice and completion and acceptance (if deliverable) or verification (if service) by the Contracting Officer's Representative (COR), of the deliverables and/or services indicated below. Submit invoices in accordance with the instructions contained in FAR clause 52.232-25, Prompt Payment of this contract. | |
| 1.5 | OPTION PRICES | |
| 1.5.1 | Unless the Government exercises its option, pursuant to the option clause referenced in the Contract Clauses section, this contract consists only of the Base Period specified in this contract. | |
| 1.5.2 | Pursuant to either the FAR Clause 52.217-8, Option to Extend Services or the FAR Clause 52.217-9, Option to Extend the Term of the Contract, set forth in Section I, Contract Clauses, of this contract, the Government may, a unilateral contract modification, require the Contractor to perform the Option Period(s) as defined in the PWS of this contract. A notice that the Government intends to exercise any of the options will happen prior to the contract’s expiration date. Specific information regarding the timeframe for this notice is set forth in the OPTION PROVISION of this order. When exercising an option period, the fixed price rate of this contract is set forth below. | |
| 1.5.3 | Upon the delivery and acceptance of the Option Services described in the PWS of the contract and identified in the schedule of charges below, the Government shall pay the Contractor the unit price(s) set forth below and will be paid from the following Contract Line Item Numbers (CLINs) accordingly; | |
| 1.5.4 | If the Government exercises its option pursuant to the OPTION PROVISION of this contract, the Government's total estimated contract amount, represented by the sum of the price of base plus option periods and the period of performance will be as follows: |
| 1.5.5 | PRICING SCHEDULE: OPTION YEAR ONE |
| Clear | |
| SH | |
| CR-39 | |
| Poly |
| Trivex |
| 1.67 |
| 1.74 |
SV
FT28
FT35
7X28
Progressive Lens Designs
| AVANTE Digital AR |
| 13 |
| HOYA Elite |
| 18 |
| HOYA Elite Mini |
| 14 |
| YOUNGER Image |
| 18 |
| VARILUX Comfort 2 |
| 17 |
| SOLA Access |
| 18 |
| -- |
| -- |
| -- |
Photochromic*
CR-39*
CR-39
XTRActive®
Poly* Poly XTRActive®
Trivex* Trivex XTRActive®
1.67* 1.67 XTRActive®
SV
FT28
| -- |
| -- |
| -- |
| -- |
FT35
| -- |
| -- |
| -- |
| -- |
| -- |
| -- |
7X28
| -- |
| -- |
| -- |
| -- |
Progressive Lens Designs
| AVANTE Digital AR |
| 13 |
| HOYA Elite |
| 18 |
| -- |
| -- |
| -- |
| -- |
| -- |
| -- |
| HOYA Elite Mini |
| 14 |
| -- |
| -- |
| -- |
| -- |
| -- |
| YOUNGER Image |
| 18 |
| -- |
| -- |
| VARILUX Comfort 2 |
| 17 |
| -- |
| -- |
| -- |
| -- |
*Photochromic= Transitions®, XTRActive®, Photochromic
| Polarized* |
| SH |
| CR-39* |
| Poly* |
| Trivex* |
| 1.67* |
SV
FT28
FT35
| -- |
| -- |
| -- |
7X28
| -- |
| -- |
Progressive Lens Designs
| AVANTE Digital AR |
| 13 |
| YOUNGER Image |
| 18 |
| -- |
| -- |
| YOUNGER Adage |
| 13 |
| -- |
| -- |
| -- |
| VISION-EASE Novel |
| 18 |
| -- |
| -- |
| -- |
*Polarized=NuPolar® & Coppertone®
Extra Services
Coatings
Sphere Over 6D*
Avante Radiant AR 2yr
Cylinder Over 3D*
Avante Premium AR 1yr
Prism Over 3D*
Standard AR
ADD Power Over 4D
Avante AZUL 1yr
Special Edging
Avante Fog-Free*
Rimless Groove
Mirror Coating
Drill Mount
Solid Tint
Roll & Polish
Gradient Tint
Luster Polish
Double Gradient Tint
Frame Engraving
Therapeutic Tint: FL-41
*Per Diopter
*Must be paired with AR or Avante AZUL
Blue Light Filter*
| Avante Blue CR-39 |
| Avante Blue Poly |
| Avante Blue 1.67 |
| BluTech 1.56 |
SV
| FT28 |
| -- |
Digital Progressive
*AR Not Included
| 1.5.6 | PRICING SCHEDULE: OPTION YEAR TWO |
| Clear | |
| SH | |
| CR-39 | |
| Poly |
| Trivex |
| 1.67 |
| 1.74 |
SV
FT28
FT35
7X28
Progressive Lens Designs
| AVANTE Digital AR |
| 13 |
| HOYA Elite |
| 18 |
| HOYA Elite Mini |
| 14 |
| YOUNGER Image |
| 18 |
| VARILUX Comfort 2 |
| 17 |
| SOLA Access |
| 18 |
| -- |
| -- |
| -- |
Photochromic*
CR-39*
CR-39
XTRActive®
Poly* Poly XTRActive®
Trivex* Trivex XTRActive®
1.67* 1.67 XTRActive®
SV
FT28
| -- |
| -- |
| -- |
| -- |
FT35
| -- |
| -- |
| -- |
| -- |
| -- |
| -- |
7X28
| -- |
| -- |
| -- |
| -- |
Progressive Lens Designs
| AVANTE Digital AR |
| 13 |
| HOYA Elite |
| 18 |
| -- |
| -- |
| -- |
| -- |
| -- |
| -- |
| HOYA Elite Mini |
| 14 |
| -- |
| -- |
| -- |
| -- |
| -- |
| YOUNGER Image |
| 18 |
| -- |
| -- |
| VARILUX Comfort 2 |
| 17 |
| -- |
| -- |
| -- |
| -- |
*Photochromic= Transitions®, XTRActive®, Photochromic
| Polarized* |
| SH |
| CR-39* |
| Poly* |
| Trivex* |
| 1.67* |
SV
FT28
FT35
| -- |
| -- |
| -- |
7X28
| -- |
| -- |
Progressive Lens Designs
| AVANTE Digital AR |
| 13 |
| YOUNGER Image |
| 18 |
| -- |
| -- |
| YOUNGER Adage |
| 13 |
| -- |
| -- |
| -- |
| VISION-EASE Novel |
| 18 |
| -- |
| -- |
| -- |
*Polarized=NuPolar® & Coppertone®
Extra Services
Coatings
Sphere Over 6D*
Avante Radiant AR 2yr
Cylinder Over 3D*
Avante Premium AR 1yr
Prism Over 3D*
Standard AR
ADD Power Over 4D
Avante AZUL 1yr
Special Edging
Avante Fog-Free*
Rimless Groove
Mirror Coating
Drill Mount
Solid Tint
Roll & Polish
Gradient Tint
Luster Polish
Double Gradient Tint
Frame Engraving
Therapeutic Tint: FL-41
*Per Diopter
*Must be paired with AR or Avante AZUL
Blue Light Filter*
| Avante Blue CR-39 |
| Avante Blue Poly |
| Avante Blue 1.67 |
| BluTech 1.56 |
SV
| FT28 |
| -- |
Digital Progressive
*AR Not Included
| 1.5.7 | PRICING SCHEDULE: OPTION YEAR THREE |
| Clear | |
| SH | |
| CR-39 | |
| Poly |
| Trivex |
| 1.67 |
| 1.74 |
SV
FT28
FT35
7X28
Progressive Lens Designs
| AVANTE Digital AR |
| 13 |
| HOYA Elite |
| 18 |
| HOYA Elite Mini |
| 14 |
| YOUNGER Image |
| 18 |
| VARILUX Comfort 2 |
| 17 |
| SOLA Access |
| 18 |
| -- |
| -- |
| -- |
Photochromic*
CR-39*
CR-39
XTRActive®
Poly* Poly XTRActive®
Trivex* Trivex XTRActive®
1.67* 1.67 XTRActive®
SV
FT28
| -- |
| -- |
| -- |
| -- |
FT35
| -- |
| -- |
| -- |
| -- |
| -- |
| -- |
7X28
| -- |
| -- |
| -- |
| -- |
Progressive Lens Designs
| AVANTE Digital AR |
| 13 |
| HOYA Elite |
| 18 |
| -- |
| -- |
| -- |
| -- |
| -- |
| -- |
| HOYA Elite Mini |
| 14 |
| -- |
| -- |
| -- |
| -- |
| -- |
| YOUNGER Image |
| 18 |
| -- |
| -- |
| VARILUX Comfort 2 |
| 17 |
| -- |
| -- |
| -- |
| -- |
*Photochromic= Transitions®, XTRActive®, Photochromic
| Polarized* |
| SH |
| CR-39* |
| Poly* |
| Trivex* |
| 1.67* |
SV
FT28
FT35
| -- |
| -- |
| -- |
7X28
| -- |
| -- |
Progressive Lens Designs
| AVANTE Digital AR |
| 13 |
| YOUNGER Image |
| 18 |
| -- |
| -- |
| YOUNGER Adage |
| 13 |
| -- |
| -- |
| -- |
| VISION-EASE Novel |
| 18 |
| -- |
| -- |
| -- |
*Polarized=NuPolar® & Coppertone®
Extra Services
Coatings
Sphere Over 6D*
Avante Radiant AR 2yr
Cylinder Over 3D*
Avante Premium AR 1yr
Prism Over 3D*
Standard AR
ADD Power Over 4D
Avante AZUL 1yr
Special Edging
Avante Fog-Free*
Rimless Groove
Mirror Coating
Drill Mount
Solid Tint
Roll & Polish
Gradient Tint
Luster Polish
Double Gradient Tint
Frame Engraving
Therapeutic Tint: FL-41
*Per Diopter
*Must be paired with AR or Avante AZUL
Blue Light Filter*
| Avante Blue CR-39 |
| Avante Blue Poly |
| Avante Blue 1.67 |
| BluTech 1.56 |
SV
| FT28 |
| -- |
Digital Progressive
*AR Not Included
| 1.5.8 | PRICING SCHEDULE: OPTION YEAR FOUR |
| Clear | |
| SH | |
| CR-39 | |
| Poly |
| Trivex |
| 1.67 |
| 1.74 |
SV
FT28
FT35
7X28
Progressive Lens Designs
| AVANTE Digital AR |
| 13 |
| HOYA Elite |
| 18 |
| HOYA Elite Mini |
| 14 |
| YOUNGER Image |
| 18 |
| VARILUX Comfort 2 |
| 17 |
| SOLA Access |
| 18 |
| -- |
| -- |
| -- |
Photochromic*
CR-39*
CR-39
XTRActive®
Poly* Poly XTRActive®
Trivex* Trivex XTRActive®
1.67* 1.67 XTRActive®
SV
FT28
| -- |
| -- |
| -- |
| -- |
FT35
| -- |
| -- |
| -- |
| -- |
| -- |
| -- |
7X28
| -- |
| -- |
| -- |
| -- |
Progressive Lens Designs
| AVANTE Digital AR |
| 13 |
| HOYA Elite |
| 18 |
| -- |
| -- |
| -- |
| -- |
| -- |
| -- |
| HOYA Elite Mini |
| 14 |
| -- |
| -- |
| -- |
| -- |
| -- |
| YOUNGER Image |
| 18 |
| -- |
| -- |
| VARILUX Comfort 2 |
| 17 |
| -- |
| -- |
| -- |
| -- |
*Photochromic= Transitions®, XTRActive®, Photochromic
| Polarized* |
| SH |
| CR-39* |
| Poly* |
| Trivex* |
| 1.67* |
SV
FT28
FT35
| -- |
| -- |
| -- |
7X28
| -- |
| -- |
Progressive Lens Designs
| AVANTE Digital AR |
| 13 |
| YOUNGER Image |
| 18 |
| -- |
| -- |
| YOUNGER Adage |
| 13 |
| -- |
| -- |
| -- |
| VISION-EASE Novel |
| 18 |
| -- |
| -- |
| -- |
*Polarized=NuPolar® & Coppertone®
Extra Services
Coatings
Sphere Over 6D*
Avante Radiant AR 2yr
Cylinder Over 3D*
Avante Premium AR 1yr
Prism Over 3D*
Standard AR
ADD Power Over 4D
Avante AZUL 1yr
Special Edging
Avante Fog-Free*
Rimless Groove
Mirror Coating
Drill Mount
Solid Tint
Roll & Polish
Gradient Tint
Luster Polish
Double Gradient Tint
Frame Engraving
Therapeutic Tint: FL-41
*Per Diopter
*Must be paired with AR or Avante AZUL
Blue Light Filter*
| Avante Blue CR-39 |
| Avante Blue Poly |
| Avante Blue 1.67 |
| BluTech 1.56 |
SV
| FT28 |
| -- |
Digital Progressive
*AR Not Included
1.5.6 Note: Unit price shall be an all-inclusive rate of all other fees including travel expenses, per diem, lodging all cities, state, federal, local taxes and miscellaneous cost associated with the above services.
SECTION 2: DEFINITIONS:
| 2.1 | Acceptance: Constitutes acknowledgement that the supplies or services conform to the applicable contract quality and quantity requirements, except as provided in FAR subpart 46.5 and subject to other terms and conditions of the contract. |
| 2.2 | Approval: Acknowledgment by the designated Government official that submittals, deliverables, or administrative documents (e.g., insurance certificates, installation schedules, planned utility interruptions, etc.) conform to the contractual requirements. Government approval does not relieve the Contractor from responsibility for compliance with contract requirements. |
| 2.3 | Area: A defined geographical region for Indian Health Service administrative purposes. Each Area Office may administer several Service Units. |
| 2.4 | Contracting Officer (CO): A Government employee with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. |
| 2.5 | Contracting Officer's Representative (COR): A federal employee who assists the ordering/issuing activity-contracting officer in the administration of task orders issued under this contract. The COR is primarily responsible for the technical assistance and day-to-day program management of the ordering activity's task orders. Ordering activities may have different designators for this employee. |
| 2.6 | Contractor: The individual award a legal binding contract to provide supplies and services. |
| 2.7 | Customer: Staff of the IHS service unit and health center. |
| 2.8 | Customer Evaluation/Input: Written comments made to the COR regarding the Contractors performance. This is one of the criteria used to evaluate the Contractor's performance. |
| 2.9 | Dependability: Qualities of being trusted and being able to repeat the same task to yield the same result. |
| 2.10 | Federal Acquisition Regulation (FAR): The FAR is the primary regulation for use by all Federal Executive agencies in their acquisition of supplies and services with appropriated funds. |
| 2.11 | Indian Health Service Housing Units: A facility physically separated from a hospital, consisting of forty housing units with sheds/garages. |
| 2.12 | Non-Personal Services Contract: Contract under which the personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees. |
| 2.13 | Ordering Activity: An authorized user of IHS that may issue a task order to obtain required services under this contract. |
| 2.14 | Outcome: End result. |
| 2.15 | Past Performance Information: Relevant information regarding a contractor's actions under previously awarded contracts. |
| 2.16 | Quality Assurance Surveillance Plan (QASP): A written document prepared and used by the government for Quality Assurance surveillance of the contractor's performance. |
| 2.17 | Service Contract: is a contract that directly engages the time and effort of a contractor whose primary purpose is to perform an identifiable task rather than to furnish an end item of supply. A service contract may be either a non-personal or a personal contract. It can also cover services performed by either professional or nonprofessional personnel whether on an individual or organizational basis. |
| 2.18 | Service Unit: The local administrative unit of IHS. |
| 2.19 | Technical Direction: A directive to the Contractor that approve approaches, solutions, designs, or refinements; fills in details or otherwise completes the general description of work or documentation items; shifts emphasis among work areas or tasks; or furnishes similar instruction to the Contractor. Technical direction includes requiring studies and pursuit of certain lines of inquiry regarding matters within the general tasks and requirements in Section 5 of this contract. |
| 2.20 | Task Order: An order issued in accordance with the terms of the contract that details an ordering activity's specific requirements. An ordering activities written order to obtain services, at a minimum will include the following where applicable: description of services, skill categories, hours, price, period of performance, contract number, and the ordering activities task order number. |
SECTION 5 – REQUIREMENTS:
| 5.1 | The contractor will provide Fabrication of Eye Glasses services for the Santa Fe Indian Health Center Optometry Department. To provide as follows: | ||||||||||||
| Tasks: | |||||||||||||
| 5.1.1 | Will provide fabrication of eye glasses, frames and lenses, at a range price levels, including economy pricing. | ||||||||||||
| 5.1.2 | Will include the provision of a sample frame kit if necessary, and frame catalogs listing all sizes and colors of each frame. | ||||||||||||
| 5.1.3 | Will deliver fabricated products and should average within two (2) weeks of order placement for | routine prescriptions, and within three (3) weeks for higher prescriptions. | |||||||||||
| 5.1.4 | A representative will visit at least annually to assure our staff are updated on new products, | policies, and maintain open communication. If unable, will visit virtually and will schedule | accordingly with the Chief of Optometry. | ||||||||||
| Product Quality: | |||||||||||||
| 5.1.5 | Type of Lens: single vision, bifocal, trifocal, progressive and aphakic lenses on corrected curve, | white or tinted lenses, glass impact resistant or plastic, mounted in approved type frames. | |||||||||||
| 5.1.6 | Unless otherwise specified, lenses, material, powers and workmanship shall be in accordance with | the American National Standards Institute, ANSI Z80.3-2009. All glass ophthalmic lenses, with the | exception of glass safety lenses will be chemically strengthened to comply with FDA regulation 21 | CFR, Parts 3 and 4, for | impact resistance, unless specified otherwise by the prescriber. Except for | physical characteristics of the material used, plastic lenses furnished will conform to the | performance specifications for corrected curve | lenses made of class and the ANSI Z80.3-2009 | standard. Such plastic lenses shall be made from hard resin plastic. Safety eyewear will comply | with ANSI Z87.1-2010 standards. Safety lenses will be edged with safety | approved bevel, etched | with lab identifier code on upper outside corner, heat hardened and drop ball tested when | applicable. |
| 5.1.7 | School aged children to be provided with free upgrade to polycarbonate lens material. | ||||||||||||
| Guarantee | |||||||||||||
| 5.1.8 | At minimum, Contractor shall guarantee frame and lenses against breakage and scratches (if | scratch coat was ordered) will be replaced at least one time within one year from date order was | shipped from the lab with the reasonable exception of the following: | ||||||||||
| A. Lenses edged into rimless style frame, drilled or grooved, are not covered under warranty | unless Polycarbonate or Trivex material is used. | ||||||||||||
| B. Frame or lens damage that is not due to normal wear (such as abuse or bite marks). | |||||||||||||
| C. Glass lenses | |||||||||||||
| REDO’s and Refunds | |||||||||||||
| 5.1.9 | At minimum, Contractor shall agree to the following standards: | ||||||||||||
| 1. Lab errors will be done over at no charge within 90 days of the ship-date. | |||||||||||||
| 2. Rx changes within 90 days of original ship-date are no charge (one-time). | |||||||||||||
| 3. Upgrades on lenses within 60 days of original order can be done with a reasonable discount. | |||||||||||||
| 4. Non-Adapt redo for progressive lenses will be made at no charge within 90 days of ship-date. | |||||||||||||
| 5. Downgrades (transitional to clear lenses) or same-price changes can be done with a reasonable | discount 90 days of original ship-date. | ||||||||||||
| 6. Frames can be exchanged if in like-new condition. |
Pricing Schedule:
| Clear |
| SH |
| CR-39 |
| Poly |
| Trivex |
| 1.67 |
| 1.74 |
SV
FT28
FT35
7X28
Progressive Lens Designs
| AVANTE Digital AR |
| 13 |
| HOYA Elite |
| 18 |
| HOYA Elite Mini |
| 14 |
| YOUNGER Image |
| 18 |
| VARILUX Comfort 2 |
| 17 |
| SOLA Access |
| 18 |
| -- |
| -- |
| -- |
Photochromic*
CR-39*
CR-39
XTRActive®
Poly* Poly XTRActive®
Trivex* Trivex XTRActive®
1.67* 1.67 XTRActive®
SV
FT28
| -- |
| -- |
| -- |
| -- |
FT35
| -- |
| -- |
| -- |
| -- |
| -- |
| -- |
7X28
| -- |
| -- |
| -- |
| -- |
Progressive Lens Designs
| AVANTE Digital AR |
| 13 |
| HOYA Elite |
| 18 |
| -- |
| -- |
| -- |
| -- |
| -- |
| -- |
| HOYA Elite Mini |
| 14 |
| -- |
| -- |
| -- |
| -- |
| -- |
| YOUNGER Image |
| 18 |
| -- |
| -- |
| VARILUX Comfort 2 |
| 17 |
| -- |
| -- |
| -- |
| -- |
*Photochromic= Transitions®, XTRActive®, Photochromic
| Polarized* |
| SH |
| CR-39* |
| Poly* |
| Trivex* |
| 1.67* |
SV
FT28
FT35
| -- |
| -- |
| -- |
7X28
| -- |
| -- |
Progressive Lens Designs
| AVANTE Digital AR |
| 13 |
| YOUNGER Image |
| 18 |
| -- |
| -- |
| YOUNGER Adage |
| 13 |
| -- |
| -- |
| -- |
| VISION-EASE Novel |
| 18 |
| -- |
| -- |
| -- |
*Polarized=NuPolar® & Coppertone®
Extra Services
Coatings
Sphere Over 6D*
Avante Radiant AR 2yr
Cylinder Over 3D*
Avante Premium AR 1yr
Prism Over 3D*
Standard AR
ADD Power Over 4D
Avante AZUL 1yr
Special Edging
Avante Fog-Free*
Rimless Groove
Mirror Coating
Drill Mount
Solid Tint
Roll & Polish
Gradient Tint
Luster Polish
Double Gradient Tint
Frame Engraving
Therapeutic Tint: FL-41
*Per Diopter
*Must be paired with AR or Avante AZUL
Blue Light Filter*
| Avante Blue CR-39 |
| Avante Blue Poly |
| Avante Blue 1.67 |
| BluTech 1.56 |
SV
| FT28 |
| -- |
Digital Progressive
*AR Not Included
| 5.2 | Hours of Service: | |
| The hours of business and clinical operation for most IHS facilities are normally from 8:00 AM to 4:30 PM, Monday through Friday, except all federal holidays | ||
| 5.3 | Performance Evaluation: | |
| 5.3.1 The Contractor's performance will be evaluated in accordance with glasses and lenses within ANSI standards of variation | ||
| 5.3.2 Glasses fabricated with correct prescription | ||
| 5.3.3 Frames and lenses of good quality | ||
| 5.3.4 Vendor responsiveness to staff questions/concerns | ||
| 5.3.5 No longer than 3 weeks from time of order to fabricate and deliver spectacles | ||
| 5.3.6 Vendor will honor warranty provided on products | ||
| 5.4 | The Contractor will immediately report to the Contracting Officer or COR any information or circumstances that may violate any statute, policy, or procedure. | |
| 5.5 | Contractor Qualification Requirements: | |
| 5.5.1 | Certification. No Certification required. | |
| 5.5.2 | Experience. Should at least have 3 to 5 years of experience. |
| 5.6.3 | Subpoenas/Testimonies: | ||
| Contractors are mandated to cooperate with the appropriate IHS managers when the contractors' employees are subpoenaed or requested by Tribal, State or Federal Parties to provide testimony. As stated in Section 5-27.3(8)(9) of the Indian Health Manual. | |||
| 5.7 | Challenges to Conflicts: | ||
| a) | First Priority: | Contractor's Agency | |
| b) | Second Priority: | COR | |
| c) | Third Priority: | CO | |
| 5.8 | When the Contractor demonstrates impaired judgement, they cannot continue working on the contract. The Government reserves the right to remove from the facility any Contractor employee who in the judgment of a licensed healthcare practitioner is impaired. | ||
| 6.1 | APPLICABLE DOCUMENTS: | ||
| 6.1.1 | List of Attachments: | ||
| 6.1.1.1 | Past Performance Survey | ||
| 6.1.1.2 | Business Associates Agreement |
SOLICITATION #: 75H70722R00010 FABRICATIONS OF EYE GLASSES, SFIHC
SECTION 6 – QUALITY ASSURANCE SURVEILLANCE PLAN
| Performance-Based Task |
| Indicator |
| Standard |
| Quality Assurance |
| Incentives |
Optical Fabrication Vendor will perform the following:
· furnish all labor, management, transportation, equipment, and all
· other supplies necessary to provide the desired optical fabrication services
· Measure performance to assure conformance with ANSI standards for lens and spectacle fabrication
· Cost is Fair and Reasonable.
Work Orders Quality Checks Outstanding – 100% of work orders and deficiency listings have been completed.
Acceptable – 80 to 99% of work orders and deficiency listings have been completed.
Satisfactory – 65 to 80% of work orders and deficiency listings have been completed.
Will be monitored with lens reading and quality assurance check when spectacles arrive at Facility prior to dispensing to patients.
Any manufacturer’s errors or defects will be remedied at no cost to facility or patient.
Outstanding - payment will be made on receipt of invoices Acceptable - payment could be held up depending on the level of deficiency Satisfactory – payment could be held up depending on the level of deficiency
SECTION 7 - PACKAGING AND MARKING
| 7.1 | PACKAGING | |
| All deliverables shall be preserved, packaged, and packed in accordance with normal commercial practices to meet the packing requirements of the carrier including which is necessary to prevent deterioration and damages due to the hazards of shipping, handling, and storing. | ||
| 7.2 | MARKING | |
| Each package/container delivered to the address shown in Section G.1.3 entitled "Contracting Officers' Representative Appointment and Authority" and shall be clearly marked as follows: | ||
| • | Name of Contractor | |
| • | Contract Number | |
| • | Description of Items Contained Therein | |
| • | Consignee's Name and Address | |
| 7.3 | DELIVERY | |
| All deliverables delivered to the following addresses: | ||
| Santa Fe Indian Health Center (SFIHC) | ||
| 1700 Cerrillos Road | ||
| Santa Fe, New Mexico 87505 | ||
| (505) 946-9319 |
SECTION 8 - INSPECTION AND ACCEPTANCE
| 8.1 | INSPECTION AND ACCEPTANCE: All work under this contract is subject to inspection and final acceptance by the Contracting Officer or the duly authorized representative of the government. The COR, as a duly authorized representative of the Contracting Officer, shall assume the responsibilities for monitoring the Contractor's performance, evaluating the quality of services provided by the Contractor and performing final inspection and acceptance of all deliverables and services called for by the contract. |
| 8.2 | FEDERAL ACQUISITION REGULATION {48 CFR CHAPTER 1) CLAUSES |
| FAR Clause No. | |
| Title | |
| Date |
| 52.246-4 |
| Inspection of Services – Fixed Priced |
| (Aug 1996) |
SECTION 9 - DELIVERIES OR PERFORMANCE
| 9.1 | PERIOD OF PERFORMANCE: - The period of performance is a Base Period of 12 months with four – 12-month Option Periods, unless extended by modification to this contract. The Government may exercise options to extend the period of performance in accordance with FAR Clause 52.217-9 - Option to Extend the Term of the Contract (Oct 2014); upon written notification by the Contracting Officer within 30 days of contract expiration. | |
| 9.1.1 | Services under this contract shall commence NLT 10 days after all clearances occur. | |
| Base: TBD, 2022 to TBD, 2023 | ||
| Option Year 1: TBD, 2023 to TBD, 2024 | ||
| Option Year 2: TBD 2024 to TBD, 2025 | ||
| Option Year 3: TBD, 2025 to TBD, 2026 | ||
| Option Year 4: TBD, 2026 to TBD, 2027 | ||
| 9.1.2 | Performance must be for the period of TBA, 2022 to TBA, 2023 unless the period changed by written modification to the purchase order in accordance with FAR 52.217-9, Option to Extend the Term of the Contract. | |
| 9.1.3 | Total contract award must not exceed five years. Based option year renewals on satisfactory services provided availability of funds for the appropriate fiscal year, and existing requirements. | |
| 9.2 | PLACE OF PERFORMANCE: The contractor must provide a Fabrication of Eye Glasses to the following Albuquerque Area Indian Health Service Facility: | |
| 9.2.1 | Santa Fe Service Unit | |
| Optometry Department | ||
| 1700 Cerrillos Road | ||
| Santa Fe, New Mexico 87505 | ||
| (505) 988-9821 |
| 9.3 | Travel to and from the facility/office site are not included in the tour of duty and cannot be invoiced as part of Travel to and from the facility/office site. The hours of business are Monday through Friday, from 8:00 AM to 4:30 PM. The actual hours will be scheduled in advance through the designated COR. | ||
| 9.4 | GOVERNMENT HOLIDAYS: (https://www.federalpay.org/holidays)* | ||
| New Year's Day | Martin Luther King's Birthday | President's Day | |
| Memorial Day | Independence Day | Labor Day | |
| Columbus Day | Veteran's Day | Thanksgiving Day | |
| Christmas Day | Juneteenth Day | ||
| *Any other day specifically declared by the President of the United States to be a national holiday (see www.opm.gov/fedhol). |
SECTION 10 - CONTRACT ADMINISTRATION
| 10.1 | AUTHORITIES OF GOVERNMENT PERSONNEL: Notwithstanding the Contractor's responsibility for total management during the performance of this Contract, the administration of the Contract will require maximum coordination between the Government and the Contractor. The following individuals will be the Government's points of contact during the performance of this Contract. | ||||||
| 10.2 | CONTRACTING OFFICER | ||||||
| 10.2.1 | The IHS Contracting Officer (CO) is the only individual authorized to modify this Contract. The CO responsible for administrative and contractual issues concerning this Contract is: | ||||||
| Eric Wright, CO | |||||||
| Indian Health Service/Division of Contracts & Grants Management (DCGM) | |||||||
| 4101 Indian School Road NE, Suite 225 | |||||||
| Albuquerque, NM 87110 | |||||||
| Phone: 505-256-6752 | |||||||
| Email: eric.wright@ihs.gov | |||||||
| Sent all communications pertaining to contractual and/or administrative matters to the address above and to the Contract Specialist administering this Contract. | |||||||
| 10.3 | CONTRACTING OFFICER'S REPRESENTATIVE (COR) | ||||||
| 10.4.1 | Keith Adcock, is hereby designated as COR for this service. The COR responsibilities will be to coordinate with the contractor the technical aspects of this service and the review of performance hereunder. The COR does not have the authority to change or alter the order amount, terms and conditions. | ||||||
| 10.4.2 | Kimberly Jones, is hereby designated as the Alternate COR for this service. The Alternate COR responsibilities will be to help coordinate with the contractor the technical aspects of this service and the review of performance hereunder. The Alternate COR does not have the authority to change or alter the order amount, terms and conditions. | ||||||
| 10.4.3 | The COR and Alternate’s responsibilities will include ensuring contractor accountability. Monitoring the Contractor’s technical progress including the surveillance and assessment of performance and recommending to the CO changes in requirements. Interpreting the PWS. Performing technical evaluations as required. Perform technical inspection and acceptance as required. Assisting the Contractor in the resolution of technical problems encountered during performance. Perform receiving and processing invoices for payment. | ||||||
| 10.4 | TECHNICAL MONITORING | ||||||
| (a) | Performance of work under this contract must be subject to the technical direction of the COR identified above, or an Alternate COR designated in writing. The term "technical direction" includes, without limitation, direction to the Contractor that directs or redirects the labor effort. Shifts the work between work areas or locations, fills in details and otherwise serves to ensure that task areas outlined in the PWS accomplished satisfactorily. | ||||||
| (b) | Technical direction must be within the scope of the specification(s)/work statement. The COR does not have authority to issue technical direction that | ||||||
| (1) | Constitutes a change of assignment or additional work outside the specification(s)/ statement of work; | ||||||
| (2) | Constitutes a change as defined in the clause entitled "Changes"; | ||||||
| (3) | In any manner causes an increase or decrease in the contract price, or the time required for contract performance; | ||||||
| (4) | Changes any of the terms, conditions, or specification(s)/work statement of the contract; | ||||||
| (5) | Interferes with the Contractor's right to perform under the terms and conditions of the contract; or | ||||||
| (6) | Directs, supervises or otherwise controls the actions of the Contractor's employees. | ||||||
| (c) | Technical direction may be oral or in writing. The COR shall confirm oral direction in writing within five work days, with a copy to the Contracting Officer. | ||||||
| (d) | The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the Contractor, any direction of the COR, or his designee, falls within the limitations in (b), above, the Contractor shall immediately notify the CO no later than the beginning of the next Government work day. | ||||||
| (e) | Failure of the Contractor and the CO to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled "Disputes." | ||||||
| 10.5 | INVOICE SUBMISSION | ||||||
| 10.5.1 | The Contractor shall submit invoices once per order. Electronically sent via e-mail complete invoice with all required documentation to: * | ||||||
| Albuquerque Finance: https://www.ipp.gov | |||||||
| 10.5.2 | *Do not send to the CS or Finance Office any other invoices related documents (i.e. deliverables, | reports, and balance statements) to the Buyer or Albuquerque Finance. Failure to submit required | documents directly to the offices as listed above will delay prompt payment of your invoice. | ||||
| 10.5.3 | Submit invoices in accordance with the contract terms, i.e. payment schedule, progress payments, | partial payments, deliverables, etc. | |||||
| 10.5.4 | All information set forth in FAR Clause 32.905(b), payment documentation and process, must be | included in all invoices for it to constitute a proper invoice. | |||||
| FAR 32.905(b): | |||||||
| (b) Content of invoices. | |||||||
| (1) A proper invoice must include the following items (except for interim payments on cost reimbursement | contracts for services): |
(i) Name and address of the contractor.
(ii) Invoice date and invoice number. (Contractors should date invoices as close as possible to the date of mailing or transmission.)
(iii) Contract number or other authorization for supplies delivered or services performed (including order
| number and line item number). | ||
| (iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services | performed. | |
| (v) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment | terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of | lading. |
| (vi) Name and address of contractor official to whom payment is to be sent (must be the same as that in the | contract or in a proper notice of assignment). | |
| (vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a | defective invoice. | |
| (viii) Taxpayer Identification Number (TIN). The contractor must include its TIN on the invoice only if required | by agency procedures. (See 4.9 TIN requirements.) |
(ix) Electronic funds transfer (EFT) banking information.
| (A) The contractor must include EFT banking information on the invoice only if required by agency | procedures. | |||||||||||||
| (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 must have submitted correct EFT banking information in accordance | with the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds Transfer | Information with Offer), 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. | ||||||||||||||
| (x) Any other information or documentation required by the contract (e.g., evidence of shipment). | ||||||||||||||
| (2) An interim payment request under a cost-reimbursement contract for services constitutes a proper invoice | for | purposes of this subsection if it includes all of the information required by the contract. | ||||||||||||
| (3) If the invoice does not comply with these requirements, the designated billing office must return it within 7 | days after receipt (3 days on contracts for meat, meat food products, or fish; 5 days on contracts for | perishable | agricultural commodities, dairy products, edible fats or oils, and food products prepared from edible fats or oils), | with the reasons why it is not a proper invoice. If such notice is not timely, then the designated billing office must | adjust the due date for the purpose of determining an interest penalty, if any. | |||||||||
| (4) Per the Accounts Payable office, failure to submit invoices to the Department of Accounting Services can | result in delayed payment of your invoice. | |||||||||||||
| 10.5.6 | In accordance with OMB Memorandum, M-11-32, Agencies shall make payments to small businesses | as soon as practicable, with the goal of making payments within 15 days of receipt of a proper invoice. If a small | business contractor is not paid within this (15 day) accelerated period, the contractor will not be given a late | - | payment interest penalty. Interest penalties, as prescribed by the Prompt Payment Act, remain unchanged by | means of this memorandum. All small businesses shall label all invoices as "Small Business." | ||||||||
| 10.6.7 | Additionally, in accordance with OMB Memorandum, M-12-16, fill prime contractors are encouraged | to disburse | funds received from the Federal Government to their small business subcontractors in a prompt | manner. To | assist prime contractors in expediting contractor payments to small business subcontractors, | Agencies shall, to the full extent permitted by law, temporarily establish an earlier, accelerated date for making | agency payments to all prime contractors. Consistent with OMS Memorandum M-11-32 above, Agencies shall | have a goal of paying all prime contractors within 15 days of receiving proper documentation. In an effort to | support small business growth, drive economic activity and job creation, the Contractor is encouraged to | accelerate payments to their small business | subcontractors. | |||
| 10.5.8 | In accordance with the requirements of the Debt Collection Improvement Act of 1996, all payments | under this contract will be made by electronic funds transfer (EFT). The Contractor shall provide financial | institution information to the Finance Office designated above in accordance with FAR 52.232-33 Payment by | Electronic Funds Transfer – System for Award Management. | ||||||||||
| 10.5.9 352.232-71 ELECTRONIC SUBMISSION OF INVOICE REQUESTS (FEB 2022) | ||||||||||||||
| (a) Definitions. As used in this clause- | ||||||||||||||
| Payment request means a bill, voucher, invoice, or request for contract financing payment with associated | supporting | documentation. The payment request must comply with the requirements identified in FAR | 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract. | |||||||||||
| (b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically | using the Department of Treasury Invoice Processing Platform (IPP) or successor system. Information regarding | IPP, | including IPP Customer Support contact information, is available at www.ipp.gov or any successor site. | |||||||||||
| (c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer | authorizes alternate procedures in writing in accordance with HHS procedures. Unless otherwise agreed to by | the contracting officer per HHSAR 352.232.71(c), the use of IPP shall take precedence over previously | established invoicing procedures." | |||||||||||
| (d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting | Officer's written authorization with each payment request. Unless otherwise agreed to by the contracting officer | per HHSAR 352.232-71(c), the use of IPP shall take precedence over previously established invoicing procedures. |
SECTION 11 - SPECIAL CONTRACT REQUIREMENTS
| 11.1 | CONTRACTOR PERFORMANCE EVALUATION REPORT | |
| 11.1.1 | During the life of this contract, the contractor's performance will be evaluated on an interim and final basis pursuant to FAR Subpart 42.15. Evaluation will become part of the contract file and will be used as past performance information in evaluating the Contractor's, and any significant subcontractors or affiliates, past performance on future contracts. | |
| 11.1.2 | Contractor Performance Assessment Report System (CPARS) is an on-line reporting system https://www.cpars.gov/. The Contractor Performance Report is completed by the COR electronically and sent to the Contractor for review and approval at the end of each performance period as an interim report and at the end of the contract performance as a final report. After review by the Contracting Officer, the report becomes a permanent record of the Contractor's past performance. |
SECTION 12 - FEDERAL ACQUISITION REGULATIONS (FAR) 48 CFR CHAPTER CLAUSES
| 12.1 | CLAUSES INCORPORATED BY REFERENCE - FAR 52.252-2 (FEB 1998) |
| This Contract incorporates FAR provisions/clauses referenced, 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 website address: FAR - https://www.acguisition.gov/far/index.html. | |
| FAR Clause | |
| Title | |
| Date |
| 52.203-3 |
| Gratuities |
| (Apr 1984) |
| 52.203-5 |
| Covenant against Contingent Fees |
| (May 2014) |
| 52.203-6 |
| Restrictions on Subcontractor Sales to the Government |
| (Sep 2006) |
| 52.203-7 |
| Anti-Kickback Procedures |
| (May 2014) |
| 52.203-8 |
| Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity |
| (May 2014) |
| 52.203-10 |
| Price or Fee Adjustment for Illegal or Improper Activity |
| (May 2014) |
| 52.204-4 |
| Printed or Copied Double-Sided on Postconsumer Fiber Content Paper |
| (May 2011) |
| 52.204-9 |
| Personal identity Verification of Contractor Personnel |
| (Jan 2011) |
| 52.222-17 |
| Non-displacement of Qualified Workers |
| (May 2014) |
| 52.223-6 |
| Drug-Free Workplace |
| (May 2001) |
| 52.229-3 |
| Federal, State, and Local Taxes |
| (Feb 2013) |
| 52.232-11 |
| Extras |
| (Apr 1984) |
| 52.232-40 |
| Providing Accelerated Payments to Small Business Subcontractors |
| (Dec 2013) |
| 52 .233-4 |
| Applicable Law for Breach of Contract Claim |
| (Oct 2004) |
| 52.237-3 |
| Continuity of Services |
| (Jan 1991) |
| 52.242-13 |
| Bankruptcy |
| (Jul 1995) |
| 52.242-15 |
| Stop-Work Order |
| (Aug 1989) |
| 52.249-8 |
| Default (Fixed-Price Supply and Service) |
| (Apr 1984) |
| 52.253-1 |
| Computer Generated Forms |
| (Jan 1991) |
Following Clauses in Full Text:
| 12.2 | 52.209-5 - CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020) |
| (a) (1) The Offeror certifies, to the best of its knowledge and belief, that— |
(i) The Offeror and/or any of its Principals–
| (A) Are □ are not □ presently debarred, suspended, proposed for debarment, or declared ineligible for the | award of contracts by any Federal agency; | ||||||
| (B) Have □ have not □, within a three-year period preceding this offer, been convicted of or had a civil | judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, | attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of | Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, | forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal | criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if | included in this solicitation); | |
| (C) Are □ are not □ presently indicted for, or otherwise criminally or civilly charged by a governmental entity | with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; | ||||||
| (D) Have □, have not □, within a three-year period preceding this offer, been notified of any delinquent Federal | taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied. |
(1) Federal taxes are considered delinquent if both of the following criteria apply:
| (i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A | liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a | judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have | been exhausted. | ||
| (ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to | pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where | enforced collection action is precluded. |
(2) Examples.
| (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the | taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is | not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until | the taxpayer has exercised all judicial appeal rights. | ||||||||
| (ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the | taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the | IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS | determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the | underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. | This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, | this will | not be a final tax liability until the taxpayer has exercised all judicial appeal rights. | ||||
| (iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is | making timely payments and is in full compliance with the agreement terms. The taxpayer is not | delinquent because the taxpayer is not currently required to make full payment. | |||||||||
| (iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced | collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). | ||||||||||
| (ii) The Offeror has □ has not □, within a three-year period preceding this offer, had one or more contracts | terminated for default by any Federal agency. | ||||||||||
| (2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having | primary management or supervisory responsibilities within a business entity (e.g., general manager; plant | manager; head of a division or business segment; and similar positions). | |||||||||
| This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a | False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, | Title 18, United States Code. | |||||||||
| (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract | award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason | of changed circumstances. | |||||||||
| (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in | withholding of an award under this solicitation. However, the certification will be considered in connection with a | determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such | additional information as requested by the Contracting Officer may render the Offeror nonresponsible. | ||||||||
| (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order | to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and | information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the | ordinary course | of business dealings. | |||||||
| (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was | placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous | certification, in addition to other remedies available to the Government, the Contracting Officer may terminate | the contract resulting from this solicitation for default. | ||||||||
| 12.3 | 52.212-4 - CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES | (NOV 2021) | |||||||||
| (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 Federal Acquisition Regulation (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…
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