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36C25219P0151 C03 36C25219P0151.pdf
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11/15/2018
11/15/2018
Purchase Order Number: 36C25219P0151
Obligation Number: 537-A90007
Table of Contents
SECTION A
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
B.2 SECURITY & PRIVACY CONTROL:
B.3 STATEMENT OF WORK:
B.4 PRICE/COST SCHEDULE
B.5 DELIVERY SCHEDULE
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN
2017)
C.2 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND
REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)
C.3 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (MAY
2011)
C.4 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS
SUBCONTRACTORS (DEC 2013)
C.5 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)
C.6 VAAR 852.211-70 SERVICE DATA MANUALS, MECHANICAL EQUIPMENT (JAN
2008)
C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV
2012)
C.8 VAAR 852.246-70 GUARANTEE (JAN 2008)
C.9 VAAR 852.246-71 INSPECTION (JAN 2008)
C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (AUG 2018)
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: TECH ELECTRONICS, INC. (Contractor’s Name)
6437 Manchester Avenue (Address)
St. Louis, MO 63139-3457 (City-State-Zip)
Mike Banach / Healthcare Sales Account Manager (Point of Contact / Title)
708-564-5087 (Phone Number) mike.banach@techelectronics.com (E-Mail Address)
03-110-3153 (DUNS Number)
43-0790955 (Federal Tax ID)
B. GOVERNMENT: Thomas Chesak
Great Lakes Acquisition Center
115 S. 84th Street, Suite 101
Milwaukee, WI 53295
(414) 844-4813 thomas.chesak@va.gov
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
[X] 52.232-33, Payment by Electronic Funds Transfer – System for Award Management.
3. INVOICES: Invoices shall be submitted in arrears in accordance with:
a. 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012).
b. UPON ACCEPTANCE OF ITEMS.
c. Reference PO IFCAP: 537-A90007 on all invoices to avoid delay in payment.
4. GOVERNMENT INVOICE ADDRESS: All invoices from the contractor shall be submitted electronically in accordance with 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT
REQUESTS (NOV 2012).
FACSIMILE, E-MAIL, AND SCANNED DOCUMENTS ARE NOT ACCEPTABLE FORMS OF SUBMISSION FOR PAYMENT REQUESTS
For assistance setting up e-Invoice, the below information is provided:
* Tungsten Network e-Invoice Setup Information: 1-877-489-6135.
* Tungsten e-Invoice email: VA.Registration@ob10.com
<http://VA.Registration@ob10.com/>.
* FSC e-Invoice Contact Information: 1-877-353-9791.
* FSC e-invoice email: vafsccshd@va.gov <http://va.gov/>.
Vendor inquires: Toll Free Number 1-877-353-9791 / E-mail Address:
www.fsc.va.gov/fsc/vendors.htm mailto:mike.banach@techelectronics.com mailto:VA.Registration@ob10.com http://ob10.com/ mailto:vafsccshd@va.gov http://va.gov/ http://www.fsc.va.gov/fsc/vendors.htm
B.2 SECURITY & PRIVACY CONTROL:
The Certification & Accreditation (C&A) requirements of VHA Handbook 6500.6 do not apply to this requirement; therefore, a Security Accreditation package is not required. No C&A or
MOU/ISA is required. Sensitive information exposure as part of this contract involves applicable security controls within the facility as part of the VA Information Security Program.
For installation and/or on-site training (if applicable), contractor must be escorted and accompanied by VA staff always to ensure the VA sensitive information is protected.
If there are any questions related to privacy, please have a member of your staff contact the VA
Privacy Service at 202-461-6309. If there are any questions related to the information security, please have a member of your staff contact the Office of Cyber Security at 304-262-7733.
B.3 STATEMENT OF WORK:
BACKGROUND:
The Police service requires an upgrade of hardware and software for the physical access control system. The current system is end of life and has been cited by OI&T as a priority. Without this system the hospital and patients are at risk.
SCOPE:
Purchase upgrade for Facility Commander Wnx to the new OnGuard system for the Police
Service at Jesse Brown VAMC. Provide an upgrade of the existing, obsolete, Facility
Commander Wnx Access Control system to a state of the art open platform Lenel OnGuard system. The core of this upgrade will be replacing the Facility Commander Wnx controllers and software. Install new panic alarms at the Jesse Brown VAMC.
Panic Alarms to be hard-wired type, and configured with the new Lenel Card Access System.
Additional Card Access System Controllers and Input Modules will be added to the system as necessary, to accommodate new Panic Alarms.
When a Panic Alarm is activated, a new dedicated Lenel Card Access System Client PC
(provided by contractor), as well as a blue strobe light/visual indicator at the Jesse Brown
VAMC Police will alert officers of the location of the alarm.
Staff training to be included.
Wall-mounted and Under-Desk Type Panic Alarms must be reset with a key.
Specific Tasks/Deliverables:
1. Initial upgrade:
a. Install New Lenel OnGuard Server.
b. Synchronize New Lenel OnGuard Server to Existing Facility Commander Wnx server with Cardholder Database Tool.
c. Install Lenel OnGuard on customer provided Client PCs.
d. Train End Users on Use of and System Administration of Lenel OnGuard.
e. Install Lenel OnGuard on customer provided Badging PCs.
f. Configure System for Jesse Brown VAMC Badges including Badge Printers.
g. Train Badging Operator Users on proper use of Lenel OnGuard Badging.
h. Test, document and report back to Jesse Brown VAMC management the functionality of every door device including: Card Readers; Request to Exit
Sensors; Door Position Switches; and Electric Locks.
i. Replace the Facility Commander Wnx controllers with Lenel OnGuard based controllers.
j. Test every Access Control Door that is converted and resolve any problems, if any are found, before going to next controller.)
k. Provide Jesse Brown VAMC management installed component and software documentation.
l. Provide follow-up training to Jesse Brown VAMC System Administrators, Monitoring Users, and Badging Users.
2. Install new Panic Alarms (total of thirty) in the following locations at the Jesse Brown
VAMC:
a. Retail Store.
b. Cafeteria.
c. Agent Cashier.
d. Pharmacy, 1st Floor Atrium.
e. Pharmacy, 3rd Floor Damen.
f. DDTC, 2nd Floor Taylor.
g. Day Room, 8th Floor North Damen.
h. Day Room, 8th Floor South Damen.
i. Day Room, 9th Floor North Damen.
j. Day Room, 9th Floor South Damen.
k. Behavioral Health, 7th Floor East Bed Tower.
l. Behavioral Health, 7th Floor West Bed Tower.
3. Installation shall be at the discretion of the Jesse Brown VAMC for on or off tour operations.
4. Infection Control: All installation must conform with infection control guidelines, indicated by the PRA, before any installation can start.
B.4 PRICE/COST SCHEDULE
Contractor shall provide the following for the Jesse Brown VAMC in Chicago, IL:
ITEM
NUMBER
DESCRIPTION OF
SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1.00 EA $3,352.0000 $3,352.00
OnGuard IDADVI Client Software License. Includes ID Credential Center
Application, Badge Designer Application, Image Capture, ID Printing, Enhanced Imaging Option (Chromakey and Ghosting), and Login Driver.
LOCAL STOCK NUMBER: SWC-IDADV
0002 1.00 EA $4,800.0000 $4,800.00
Cardholder and Hardware Conversion to OnGuard ES/ADV/PRO from
FCWnx 7.7.
LOCAL STOCK NUMBER: PES-FC20G-CDHB
0003 1.00 EA $6,000.0000 $6,000.00
Dell Precision R7920, 2U, Intel Xeon Bronze 3106 (8C8T, 1.7GHz, 9.6GT/s, 11MB, 85w), 16gb (2x8gb), 2666MHz, DDR4, EDIMM ECC, DVD/RW, SATA Hard Drive (500GB, 7.2KRPM, 2.5in.), Windows 10 IOT ENT 2015
EMB, Intel i350 (4XGB), Quad Port NIC, Sliding Ready.
LOCAL STOCK NUMBER: PC-CONFIG#4G
0004 1.00 EA $1,043.0000 $1,043.00
SQL Server 2016 Standard Server Package, for Embedded Systems, with 5
CALS, Includes Installation DVD.
LOCAL STOCK NUMBER: S00104
0005 1.00 JB $301.0000 $301.00
Installation and integration of OnGuard and SQL on server or client PC.
LOCAL STOCK NUMBER: SIS-DELL
0006 43.00 EA $1,072.0000 $46,096.00
Intelligent System Controller 12 VDC @300mA; Size (4 in. W x 10.25 in. L)
RoHS.
LOCAL STOCK NUMBER: LNL-3300-M5
0007 31.00 EA $800.0000 $24,800.00
Eight Reader Interface Module (Supports SF2F Rdr) 12/VDC; 8 Rdr interface; RoHS.
LOCAL STOCK NUMBER: LNL-1380-8RP
0008 52.00 EA $509.0000 $26,468.00
Dual Reader Interface Module (Supports Wiegand; Magstripe; F2F;
Supervised F2F Rdr). 12/ VDC; 2 Rdr interface;4 unsupervised inputs; 6 (5A) form C Relays; RoHS.
LOCAL STOCK NUMBER: LNL-1320-2RP
0009 38.00 EA $509.0000 $19,342.00
Input Control Module; 12 VDC; 20 zone input module; RoHS.
LOCAL STOCK NUMBER: LNL-1100-20DI
0010 23.00 EA $509.0000 $11,707.00
Output Control Module; 12 VDC; 16 driver open collector module ; RoHS.
LOCAL STOCK NUMBER: LNL-1200-16DOR
0011 2.00 EA $816.0000 $1,632.00
Intelligent Single Door Controller PoE or12 VDC @ 900mA, size (5.5in
(140mm) W x 2.75in (70mm) L 0.96in (24mm) H, (rechargeable battery) 6
MB standard cardholder flash memory, 50,000 of Event memory, maximum of one door, two readers.
LOCAL STOCK NUMBER: LNL-2210
0012 2.00 EA $317.0000 $634.00
Single Reader Interface Module, Series 3, Supports OSDP Readers, 12/24VDC, 1 Reader Interface, 2 Input/2 Output Relays and Cabinet Tamper
Pigtail, ROHS, CE, C-TICK, and UL294 Certified.
LOCAL STOCK NUMBER: LNL-1300-S3
0013 1.00 EA $19,535.0000 $19,535.00
FCWnx Level 1 Database Cleanup - Enterprise single server system; base software licensed up to (1) remote clients.
LOCAL STOCK NUMBER: WXL1SSA-ENTSERV-CUST
0014 1.00 EA $19,580.0000 $19,580.00
Custom Solution, old Facility Commander to New OnGuard
Migration/Remote Deployment.
LOCAL STOCK NUMBER: CS-DEV-CUST
0015 1.00 EA $131,950.0000 $131,950.00
Labor, Installation and Programming.
LOCAL STOCK NUMBER: TE-1
0016 6.00 EA $351.0000 $2,106.00
12VAC 4A Power Supply, with Enclosure, 15.5” X 12.5” X 4.5”.
LOCAL STOCK NUMBER: LNL-AL400ULX
0017 6.00 EA $663.0000 $3,978.00
Intelligent Single Door Controller, PoE or 12VAC @ 900 mA.
LOCAL STOCK NUMBER: LNL-2210
0018 6.00 EA $595.0000 $3,570.00
Input/Output Control Module. 12VDC.
LOCAL STOCK NUMBER: LNL-1100-S3
0019 30.00 EA $18.0000 $540.00
Under-desk Holdup/Panic Button, latching, key-to-rest, DPDT.
LOCAL STOCK NUMBER: HUB2B
0020 1.00 EA $75.0000 $75.00
Reset tool for HUB2B. (Total of fourteen)
LOCAL STOCK NUMBER: HUBRT
0021 16.00 EA $128.0000 $2,048.00
Wall-mount Panic Button, key-to-reset, blue.
LOCAL STOCK NUMBER: SS240LD-EN
0022 1.00 EA $2,534.0000 $2,534.00
Lenel OnGuard Workstation PC for VA Police, Dell Precision T5820 Mid-Tower, pre-loaded with OnGuard Client License/Software, will display activated Panic
Alarms, Access Control System activity, and provide reporting.
LOCAL STOCK NUMBER: PC-CONFIG#3F
0023 1.00 EA $215.0000 $215.00
LED Monitor with built-in speakers, 22”.
LOCAL STOCK NUMBER: 320-9791
0024 1.00 EA $44.0000 $44.00
Strobe, Blue, 24VDC, Multi-Candela, to be mounted at VA Police Command
Center to alert officers to a Panic Alarm activation in the facility.
LOCAL STOCK NUMBER: RSSB-24MCC-NW
0025 10.00 EA $116.0000 $1,160.00
2 Conductor, 18AWG Plenum Cable, Stranded.
LOCAL STOCK NUMBER: TP9572-1000
0026 1.00 JB $33,800.0000 $33,800.00
Labor, Installation and Programming.
LOCAL STOCK NUMBER: TE-1
0027 1.00 EA $0.0000 $0.00
This kit contains a default selection of OnGuard License components to allow the initial migration of a Facility Commander Wnx customer to OnGuard.
Components include: CASI Access Panels (SWG- 1630); Data Exchange
Configuration (SWG-1225); Database Segment.
LOCAL STOCK NUMBER: FC2OG-MIGR8
0028 1.00 EA $0.0000 $0.00
This reference only part number MUST be added to any quote/order created for the purposes of FC2OG Migration. The existence of this part number will assist in proper reporting and processing per the standard work process.
LOCAL STOCK NUMBER: FC2OG-REF
0029 1.00 EA $0.0000 $0.00
This reference only part number identifies that the existing FCWnx SSA requires conversion to an OnGuard SUSP.
LOCAL STOCK NUMBER: FC2OG-SUSP
0030 1.00 EA $0.0000 $0.00
This item must be added to any quote or order that utilizes video integration with
FCWnx. This part number indicates the customer has video and is actively using
it. Because of this SWG-DV is included and turned on the newly created OnGuard license.
LOCAL STOCK NUMBER: FC2OG-VID
0031 1.00 EA $0.0000 $0.00
OnGuard PRO Networked Dedicated Server Software License on DVD includes
OnGuard Server software licenses for System Administration; License Server;
Import; Communication Server; Login Driver; support for up to 128 card access readers and first year support.
LOCAL STOCK NUMBER: SWS-PRO
0032 6.00 EA $0.0000 $0.00
64 Access Readers upgrade for all PRO systems; no maximum on number of readers.
LOCAL STOCK NUMBER: PRO-64RUP
0033 19.00 EA $0.0000 $0.00
OnGuard ADV Client Software License. Includes System Administration, Alarm
Monitoring, Map Designer and Login Driver (Software is supported on PC
Configuration #6G).
LOCAL STOCK NUMBER: SWC-ADV
0034 1.00 EA $0.0000 $0.00
OnGuard ADVI Client Software License. OnGuard Client Software License includes System Administration, Alarm Monitoring, Map Designer, Login Driver
ID Credential Center Application, Badge Designer Application, Image Capture and ID Printing.
LOCAL STOCK NUMBER: SWC-ADVI
GRAND TOTAL $367,310.00
B.5 DELIVERY SCHEDULE
ALL ITEMS
DELIVERY
DATE
0001 SHIP TO: Department of Veterans Affairs
Jesse Brown VAMC
2030 West Taylor Street
Chicago, IL 60612 4223
USA
120-days ARO
MARK FOR:
Kristin Hailey
312-569-5448 kristin.hailey@va.gov
Delivery and installation shall be coordinated with Kristin Hailey – 312-569-5448 – kristin.hailey@va.gov. The product(s) will be stored at Contractor’s warehouse until the scheduled delivery is determined. Deliver will be during normal working hours, between
7:30am and 4:00pm, Monday through Friday.
mailto:kristin.hailey@va.gov
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
ITEMS (JAN 2017)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any
Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the
Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR
52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the
Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds
Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other
Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by
EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.—
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act
(31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the
Contractor shall—
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the
Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the
Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in
32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31
U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;
18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety
Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments
(9) The specification.
(t) System for Award Management (SAM).
(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data.
To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.
(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in
FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.
(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart
32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.
(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.
(u) Unauthorized Obligations.
(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-
Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the
EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the
Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
https://www.acquisition.gov/
(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of Clause)
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:
C.2 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND
REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
(APR 2014)
(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C.
4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and FAR 3.908.
(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.
(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.
(End of Clause)
C.3 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER
(MAY 2011)
(a) Definitions. As used in this clause—
"Postconsumer fiber" means— (1) Paper, paperboard, and fibrous materials from retail stores, office buildings, homes, and so forth, after they have passed through their end-usage as a consumer item, including: used corrugated boxes; old newspapers; old magazines; mixed waste paper; tabulating cards;
and used cordage; or
(2) All paper, paperboard, and fibrous materials that enter and are collected from municipal solid waste; but not
(3) Fiber derived from printers' over-runs, converters' scrap, and over-issue publications.
(b) The Contractor is required to submit paper documents, such as offers, letters, or reports that are printed or copied double-sided on paper containing at least 30 percent postconsumer fiber, whenever practicable, when not using electronic commerce methods to submit information or data to the
Government.
(End of Clause)
C.4 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL
BUSINESS SUBCONTRACTORS (DEC 2013)
(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.
(b) The acceleration of payments under this clause does not provide any new rights under the Prompt
Payment Act.
(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.
(End of Clause)
C.5 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)
The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the
Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.
(End of Clause)
C.6 VAAR 852.211-70 SERVICE DATA MANUALS, MECHANICAL
EQUIPMENT (JAN 2008)
The contractor agrees to furnish two hard copies of a manual, handbook or brochure containing operating, installation, and maintenance instructions (including pictures or illustrations, schematics, and complete repair/test guides as necessary). Where applicable, it will include electrical data and connection diagrams for all utilities. The instructions shall also contain a complete list of all replaceable parts showing part number, name, and quantity required.
(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 852.246-70 GUARANTEE (JAN 2008)
The contractor guarantees the equipment against defective material, workmanship and performance for a period of not less than 12-months, said guarantee to run from date of acceptance of the equipment by the
Government. The contractor agrees to furnish, without cost to the Government, replacement of all parts and material that are found to be defective during the guarantee period. Replacement of material and parts will be furnished to the Government at the point of installation, if installation is within the continental
United States, or f.o.b. the continental U.S. port to be designated by the contracting officer if installation is outside of the continental United States. Cost of installation of replacement material and parts shall be borne by the contractor.
(End of Clause)
C.9 VAAR 852.246-71 INSPECTION (JAN 2008)
Rejected goods will be held subject to contractors order for not more than 15 days, after which the rejected merchandise will be returned to the contractor's address at his/her risk and expense. Expenses incident to the examination and testing of materials or supplies that have been rejected will be charged to the contractor's account.
(End of Clause)
(End of Addendum to 52.212-4)
C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO
IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS
(AUG 2018)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
(JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or
Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).
(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-
78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or
Executive orders applicable to acquisitions of commercial items:
[] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I
(Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).
[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of
2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American
Recovery and Reinvestment Act of 2009.)
[x] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016)
(Pub. L. 109–282) (31 U.S.C. 6101 note).
[] (5) [Reserved]
[] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section
743 of Div. C).
[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT
2016) (Pub. L. 111–117, section 743 of Div. C).
[x] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors
Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).
[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (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]
[] (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.
[x] (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 (AUG 2018) (15 U.S.C. 637(d)(4)).
[] (ii) Alternate I (NOV 2016) of 52.219-9.
[] (iii) Alternate II (NOV 2016) of 52.219-9.
[] (iv) Alternate III (JAN 2017) of 52.219-9.
[] (v) Alternate IV (AUG 2018) of 52.219-9.
[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).
[] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).
[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011)
(15 U.S.C. 657f).
[x] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C
632(a)(2)).
[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged
Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)).
[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business
Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)).
[x] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
[x] (26) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2018) (E.O.
13126).
[x] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
[x] (28)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).
[] (ii) Alternate I (FEB 1999) of 52.222-26.
[x] (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).
[] (ii) Alternate I (JULY 2014) of 52.222-35.
[x] (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).
[] (ii) Alternate I (JULY 2014) of 52.222-36.
[x] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
[x] (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).
[x] (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.
[x] (46) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).
[] (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41
U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-
42, and 112-43.
[] (ii) Alternate I (MAY 2014) of 52.225-3.
[] (iii) Alternate II (MAY 2014) of 52.225-3.
[] (iv) Alternate III (MAY 2014) of 52.225-3.
[] (48) 52.225–5, Trade Agreements (AUG 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[x] (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[] (50) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT
2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10
U.S.C. 2302 Note).
[] (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
[] (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42
U.S.C. 5150).
[] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.
4505, 10 U.S.C. 2307(f)).
[] (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10
U.S.C. 2307(f)).
[x] (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul
2013) (31 U.S.C. 3332).
[] (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management
(Jul 2013) (31 U.S.C. 3332).
[] (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
[] (58) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
[] (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(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.
[] (iii) Alternate II (FEB 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).
[] (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (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) (AUG 2018) (29 U.S.C.
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