S02 36C24424Q0961 Air Balance SB Combined.pdf
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- Attached to
- H141--Heating and Cooling | HVAC Air Balancing | Air Balancing Main Hospital (VA-24-00093596)
- Solicitation number
- 36C24424Q0961
About this file
This document is a combined synopsis/solicitation for commercial items for air testing, inspection, and balancing services at the Corporal Michael J. Crescenz Veteran Affairs Medical Center (CMCVAMC) in Philadelphia, PA. The Department of Veterans Affairs is seeking a contractor to provide all labor, supervision, materials, permits, travel, and tools required to complete monthly, quarterly, and annual air balancing testing, adjusting, and balancing as well as service of additional rooms on an as needed basis.
The solicitation is set aside for small businesses under NAICS code 238220 with a $19 million size standard. Quotes must be submitted by email and will be evaluated on a Lowest Price Technically Acceptable (LPTA) basis. The period of performance is estimated to be from October 21, 2024 through October 20, 2029. Pricing is required for quarterly, monthly, and annual testing services, as well as additional on-demand inspection and testing. The solicitation includes specific requirements for contractor experience, certifications, and coordination with the Government.
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Other files
| File | Type | Posted |
|---|---|---|
| Attachment A - Air Balance QA 09-24-2024.pdf | ||
| 36C24424Q0961 0002.docx | DOCX document | |
| 36C24424Q0961 0001_1.docx | DOCX document | |
| Attachment A - Air Balance QA 09-12-2024.pdf | ||
| Attachment B - Example Air Flow Report.xlsx | XLSX spreadsheet | |
| S02 WD 2015-4233 Rev30 07-22-2024.pdf | ||
| 36C24424Q0961.docx | DOCX document |
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36C24424Q0961
Table of Contents
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
B.2 STATEMENT OF WORK
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
B.4 DELIVERY SCHEDULE
SECTION C - CONTRACT CLAUSES
C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
C.2 52.216-18 ORDERING (AUG 2020)
C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)
C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)
C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS
C.6 52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)
C.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)
C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV
2018)
C.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 20
C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (MAY 2024)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
SECTION E - SOLICITATION PROVISIONS
E.1 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)
E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (SEP 2023)
E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)
E.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS
AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
E.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
E.6 52.216-1 TYPE OF CONTRACT (APR 1984)
E.7 52.233-2 SERVICE OF PROTEST (SEP 2006)
E.8 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION
(OCT 2018)
E.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)
E.10 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (NOV 2021)
E.11 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—
COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR: TBD
b. GOVERNMENT: Contracting Officer 36C244
Department of Veterans Affairs
Network Contracting Office 4
Services 2
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or
[] 52.232-36, Payment by Third Party
3. INVOICES: Invoices shall be submitted in arrears:
a. Quarterly []
b. Semi-Annually []
c. Other [X] Within 30 days of completion
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.
All invoices shall be submitted to Tungsten at:
https://authentication.tungsten-network.com/login
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
AMENDMENT NO DATE
B.2 STATEMENT OF WORK
STATEMENT OF WORK
Air Balancing Inspection and Testing
Corporal Michael J Crescenz Veteran Affairs Medical Center 3900 Woodland Avenue Philadelphia, PA 19104
1. General
This Statement of Work (SOW) describes the requirement for the air testing, inspection, and balancing services (TAB Services) at the Corporal Michael J Crescenz Veteran Affairs Medical Center (CMCVAMC). A Contractor is needed to provide all labor, supervision, materials, permits, travel, and tools required to complete monthly, quarterly, and annual air balancing testing, adjusting, and balancing as well as service of additional rooms on an as needed basis. Reports shall be provided to the Program Manager upon completion of any services.
2. Background:
The CMCVAMC requires these services for rooms that require either negative or positive pressure relative to adjacent space to reduce the potential of hospital acquired infections (e.g.; Operating rooms, patient airborne infection isolation rooms and clean storage). Some of the rooms may have electronic monitoring systems indicating pressure differentials and alarms. These electronic monitoring systems do not require service and should not impact any TAB Services.
Rooms have varying certification frequency based upon the use of the room (e.g., Operating rooms-monthly vs Cath Lab procedure room annually). Research Building 21 requires annual air balancing and certification due to the nature of the work performed therein.
3. Place of Performance:
3.1 Main Campus:
3900 Woodland Ave Philadelphia, PA 19104 Buildings 1, 2, and 21 Description: Provides inpatient and outpatient services for veterans in areas:
Emergency Department, Operating Rooms, Intensive Care Unit, Step down Units, Inpatient Units, Outpatient Clinics, Mental Health Services (inpatient/outpatient services), Food delivery, and Education. Research and Development.
3.2 Nursing Home Community Living Center (CLC)
Campus 3461 Civic Center Blvd.
Philadelphia, PA 19104 Building 30 Description: Houses full-time residents in a nursing home type setting and administration.
3.3 Chestnut Street VA Clinic (Dialysis)
4219 Chestnut Street Philadelphia, PA 19104 Off Site Description: Dialysis Outpatient Center offers services and information to Veterans concerning kidney disease to include treatment options, case management and supportive counseling.
4. General Requirements
4.1 The Contractor shall provide all tools, labor, equipment, materials, travel, technicians, and supervision to conduct regular and recurring testing adjusting, and balancing of air for all rooms outlined in Section 6 of this Statement of Work, an initial review of the facility and equipment outlined in Section 7, and re-inspection and new inspection services as needed as outlined in Section 8.
4.1.1 Quarterly service requirements and locations are outlined in Section 6.1.
4.1.2 Monthly service requirements and locations are outlined in Section 6.2.
4.1.3 Annual service requirements and locations are outlined in Section 6.3.
4.1.4 Initial site review requirements are outlined in Section 7.
4.1.5 New or re-inspection of rooms are outlined in Section 8.
4.2 The Contractor shall provide skilled technicians to perform functional performance testing and identify and document deficiencies (differences between specified and observed performance), and re-test the rooms, system equipment and components as necessary.
4.3 The Contractor shall have at least 5 years of experience of providing similar services in size and scope within hospital environment.
4.4 Contractor’s field personnel shall have fundamental training on practices and precautions in relation to hospital infection control procedures and operation of ISO 5 clean rooms. e.g., gowning, gloving, and hand washing procedures.
4.5 The Contractor shall possess a current National Environmental Balancing Bureau (NEBB) certification: Engineers (ASHRAE) 170.
4.6 The Contractor must coordinate all balancing adjustments with Building Automation System (BAS) managers.
4.7 If new rooms or areas are required for balancing, the VA will provide updated inventory and the frequency of required testing. The Contractor will provide a quote for additional testing. The government reserves the right to obtain these services from other vendors.
4.8 All work shall be accomplished in accordance with federal, state, local, and VA guidelines, codes, engineering specifications, and regulations. All work shall be accomplished following all OSHA and VA established safety practices and guidelines.
5. Reports
5.1 The Contractor will provide reports in electronic format to actual operating conditions to the Program Manager (PM). Contractors shall submit a preliminary (draft) report at the conclusion of onsite testing and have two weeks to submit the signed and final report electronically in PDF format. The final Balance Report and certified test shall be signed and stamped with NEBB seal.
5.1.1 Reports shall include at least the following data: date tested, personnel present, Nameplate record of test instrument, and list all measurements taken after all system corrections.
5.2 In addition to the NEBB reports outlined in Section 5.1., the Contractor will be required to complete a spreadsheet report in Excel form and submit to the Program Manager. The Excel spreadsheet template will be provided to the Contractor from the Program Manager and will be returned to the Program Manager upon completion. The Excel spreadsheet shall be:
5.2.1 Updated with results for monthly, quarterly, and annual testing (as each service is performed) by contractor personnel.
5.2.2 Spreadsheet shall include Room or Space location, whether the room requires positive or negative balancing, required air changes, pass, or fail designation, and actual air exchanges.
5.2.3 List all deficiencies discovered during each task.
5.2.4 Enclose balancing format indicating the design CFM (Cubic Feet per
Minute). The contractor shall use the design CFM as guidance to balance air in rooms.
6. Air Balancing Requirements
6.1 Testing, adjusting, and balancing of air for the Reusable Medical Equipment
(RME) Positive and Negative Rooms four times per year (quarterly).
Positive Air Rooms (Quarterly)
Test Frequency BLDG.
RM # / DESCRIPTION
Quarterly 1 B405 Medicine Storage Quarterly 1 A327 ENT Clean Scope Storage Quarterly 1 B441 GI Scope Storage Quarterly 1 B406 GI Clean Supplies Quarterly 1 A236 Pharmacy Clean Room Quarterly 1 A236F Clean Room Quarterly 1 A236G Clean Room Quarterly 1 B351 Dental Clean Room Quarterly 1 A334 Ent Clean supplies Quarterly 2 8A173 Cath Lab Prep/Recovery
Quarterly 2 5A143 Clean Core, OR Quarterly 2 5A169 Anesthesia Work Room Quarterly 2 B2A116a SPS Sterile Prep Quarterly 2 B2A118 SPS Storage Quarterly 2 5A147 OR Scope Storage Quarterly 2 3A134 Imaging Clean Supplies Quarterly 2 1B121 Dermatology Clean Supplies Quarterly 2 5A125 Quarterly 2 B2A112 SPS Sterile Prep Clean Supplies
Negative Air Rooms (Quarterly)
RM # / DESCRIPTION
Quarterly 1 A328 ENT Quarterly 1 B443 Endo Dirty Scope Holding Quarterly 1 B442 Endo Procedure Room Quarterly 1 B444 Endo Procedure Room Quarterly 1 B447 Endo Procedure Room Quarterly 1 A904 Quarterly 1 A317 ENT Soiled Room Quarterly 1 B350 Dental Dirty Instruments Quarterly 2 3A217a Quarterly 2 5A153 OR decontamination Quarterly 2 B2A109 SPS decontamination Quarterly 2 8A128 Floor Pharmacy Compounding Room Quarterly 2 3B150 Lab Fume Room Quarterly 2 5A139
6.2 Testing, adjusting, and balancing of Isolation/OR rooms on a Monthly basis twelve times per year (monthly).
Test Frequency BLDG.
RM # / DESCRIPTION
Monthly 1 B140 Isolation Room 1 Southwest Monthly 1 B141 Isolation Room 1 Southwest Monthly 1 B142 Isolation Room 1 Southwest Monthly 1 RM B352 Isolation Room Dental Monthly 1 A304 3 East Monthly 1 A 503 Ante Room to Isolation Room 5 East Monthly 1 A 503 Isolation Room 5 East Monthly 1 A 514 Ante Room to Isolation Room 5 East Monthly 1 A 514 Isolation Room 5 East Monthly 1 A515 Ante Room to Isolation Room 5 East Monthly 1 A515 Isolation Room 5 East Monthly 1 A516a Ante Room to Isolation Room 5 East
Test Frequency BLDG.
RM # / DESCRIPTION
Monthly 1 A516 Isolation Room 5 East Monthly 1 A603 Ante Room to Isolation Room 6 East Monthly 1 A603 Isolation Room Bldg.1 Monthly 1 A614 Ante Room to Isolation Room 6 East Monthly 1 A614 Isolation Room 6 East Monthly 1 A615 Ante Room to Isolation Room 6 East Monthly 1 A615 Isolation Room 6 East Monthly 1 A616 Ante Room to Isolation Room 6 East Monthly 1 A616 Isolation Room 6 East Monthly 1 A23C Autopsy Suite Monthly 2 3A116 Isolation Room Nuclear Medicine Monthly 2 3A118 Isolation Room Nuclear Medicine Monthly 2 1A139 Isolation Room Emergency Department Monthly 2 1A139A Shared Toilet Room Emergency Department Monthly 2 1A140 Isolation Room Emergency Department Monthly 2 OR 1-New Construction Monthly 2 OR 2-New Construction Monthly 2 OR – C Monthly 2 OR – D Monthly 2 OR – E Monthly 2 OR – 3 Monthly 2 OR – 4 Monthly 2 OR – 5 Monthly 2 OR – 6 Monthly 2 5A135 Hybrid OR Monthly 2 Procedure Room – A Monthly 2 Procedure Room – B Monthly 2 New OR #5 5A155 Monthly 2 8B137 Isolation Room MICU Monthly 2 8B138 Ante Room to Isolation Room MICU Monthly 2 8B149 Ante Room to Isolation Room MICU Monthly 2 8B150 Isolation Room MICU Monthly 2 5A139 Ante Room to Iso Room SICU Monthly 2 5B139 Isolation Room SICU Monthly 2 5B125 Ante Room to Iso Room SICU Monthly 2 5A125 Isolation Room SICU Monthly 2 5B121 Ante Room to Iso Room SICU Monthly 2 5B121 Isolation Room SICU Monthly 2 5A179b Recovery Monthly 2 5A179d Recovery Monthly 2 5A180 Isolation Room Recovery Monthly 2 5A180a Ante Room to Iso Room Recovery Monthly 2 5A181 Isolation Room Recovery Monthly 2 5A181a Ante Room to Iso Room Recovery
Test Frequency BLDG.
RM # / DESCRIPTION
Monthly 2 3A145 IR Rooms Monthly 2 3A147 IR Rooms Monthly 2 3A176 IR Rooms
6.3 Testing, adjusting, and balancing of the following once per year (annually).
Negative Rooms (Annually)
Test Frequency BLDG.
RM # / DESCRIPTION
Annual 1 B610 Dialysis Dirty Storage Annual 2 B2A109 SPS Decontamination Annual 2 B2A109C SPS Housekeeping Closet Annual 2 B2A109D SPS Decontamination Storage Annual 2 B2A109J SPS Decontamination Ante Room Annual 2 B2A113 SPS Scope Processing Annual 2 B2A113B SPS Scope Processing Ante Room Annual 2 B2A113C SPS Scope Decontamination Annual 30 2C153 Dirty Storage CLC Community Living Center Annual 30 1C154 Dirty Storage CLC Community Living Center Annual Off Site 112 Dialysis Dirty Storage 4219 Chestnut Street Off Site
Positive Rooms (Annually)
RM # / DESCRIPTION
Annual 1 A236 Clean Room Pharmacy Annual 1 B607 Dialysis Procedure Room Annual 2 B2A112 SPS Prep & ASSY Annual 2 B2A112A SPS Sterilization Room Annual 2 B2A112B/C SPS Sterile Storage Annual 2 B2A113A SPS Scope Storage Annual 2 B2A118 Sterile Storage Annual 2 8A131 Chemo Patient Administration Annual 2 8A140A Cath Lab Procedure Room Annual 2 8A173 Cath Lab Prep/Recovery Annual 2 8A102A Cath Lab Procedure Room Annual 2 8A140 Cath Lab Suite Annual 2 8A174 Cath Lab Suite Annual 2 8A175 Cath Lab Suite Annual 30 2C154 Clean Storage CLC Community Living Center Annual 30 1C155 Clean Storage CLC Community Living Center Annual 30 1C101 Dining Room CLC Community Living Center Annual 30 1A101 Dining Room CLC Community Living Center Annual 30 2A101 Dining Room CLC Community Living Center Annual 30 2C101 Dining Room CLC Community Living Center Annual Off Site 113 Dialysis Clean Storage 4219 Chestnut Street Off Site Annual 21 AB10 Necropsy Annual 21 AB11 Lg Animal Hold Annual 21 AB12 Lg Animal Hold
Annual 21 AB13 Lg Animal Hold Annual 21 AB16 Rabbit Holding Annual 21 AB18 Quarantine Annual 21 AB19 Receiving Annual 21 AB8A Rat Holding Annual 21 AB8B Caging Supplies Annual 21 AB8C Rat Holding Annual 21 AB6 Rodent Surgery Annual 21 AB5A Rodent Procedure Annual 21 AB5 Mouse Holding Annual 21 Ab5C Rat Holding Annual 21 AB6 Rodent Surgery Annual 21 A104B OR Annual 21 A104C OR Annual 21 A102 Animal Prep
7. Initial Site Review
7.1 The Contractor shall provide 8 hours of onsite investigation, observation, and troubleshooting of equipment to become familiar with the equipment, environment, and procedures before beginning with air balancing services.
7.1.1 Location and schedule of initial site review will be provided by the Program Manager after award.
7.1.2 The professional is expected to interface with the HVAC technicians, hospital technicians, infection control personnel and engineers to gain an understanding of the equipment and/or operational procedures. At the completion of the onsite investigation, the professional shall provide a report of findings with recommendations, no less than 5 business days after the onsite visit. This item should be priced as a single service occurring during the normal business hours (Monday through Friday
7:00AM-4:30PM).
8. Reinspection / New Inspection
8.1 The Contractor shall provide inspection including testing, adjusting, and balancing on an as needed basis for rooms requiring inspection after the initial test date. These reinspection services may be required due to but not limited to: failure of meeting required standards during initial testing/inspection, retesting due equipment failure, repair, or replacement, or to include additional rooms requiring inspection.
8.1.1 These services will be outlined in a separate line item and will be ordered separately from the monthly, quarterly, and annual testing, adjusting, and balancing services.
8.1.2 The contractor shall provide pricing for standard service hourly rates for both regular time (standard hours from 7:30am – 4:30pm Eastern) and overtime (outside of standard hours). Additional travel or parking costs shall not be included.
9. Scheduling
9.1 Contractor must contact the Program Manager or the HVAC shop Foreman before starting work and upon arrival at the facility. Contact information will be provided after award.
9.2 Standard on-site working hours are from 7:00am – 4:30pm Eastern, Monday through Friday.
9.2.1 Any work the Program Manager determines to result in a significant impact on facility operations shall be conducted on an after-hours schedule.
9.2.2 The Operating Rooms (ORs) and Sterile Processing Service (SPS) inspections shall be conducted after hours.
9.3 Federal Holidays will not be included in scheduling. The holidays observed by the Federal Government are: New Years Day, Martin Luther King’s Birthday, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day and Christmas Day and any other day specifically declared by the President of the United States to be a national holiday.
10. Site Security
10.1 The contractor will not have access to sensitive information, software, programs, computers, laptops, or cell phones during this service. Upon arrival, contractor shall notify POC to coordinate access to all work areas. The CMCVAMC will provide escort to all areas.
10.2 The Certification and Accreditation requirements do not apply, and a Security Accreditation Package is not required.
11. Site Specific
11.1 Any damage to existing facilities shall be repaired to match existing conditions at no cost to the VA. Contractor shall be responsible to make any such repairs at their own expense.
11.2 The Contractor is responsible for the disposal of all waste and excess materials. The Contractor shall not utilize VA waste containers to dispose of their waste and materials. Contractor is responsible for clean-up of the work site and to remove and dispose of all trash and debris from site.
11.3 The Contractor will be provided one parking space at the CMCVAMC, additional parking spaces may be requested from the Program Manager but are not guaranteed.
11.3.1 The parking space provided to the contractor is at the CMCVAMC main hospital, located at 3900 Woodland Avenue Philadelphia, PA, 19104.
There is no parking provided at the Chestnut Street VA Clinic (Dialysis), only public parking is available.
11.4 All activities shall be coordinated with the Program Manager and HVAC shop Foreman.
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
ITEM
NUMBER
DESCRIPTION OF
SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
20.00 QTR __________________ __________________
Quarterly testing, adjusting, and balancing of air in all locations outlined in Section 6.1 of the SOW.
POP Begin: 10-21-2024 POP End: 10-20-2029 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: H141 - Quality Control - Refrigeration, Air Conditioning, and Air Circulating Equipment
60.00 MO __________________ __________________
Monthly testing, adjusting, and balancing of air in all locations outlined in Section 6.2 of the SOW.
POP Begin: 10-21-2024 POP End: 10-20-2029 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors
5.00 YR __________________ __________________
Annual testing, adjusting, and balancing of air in all locations outlined in Section 6.3 of the SOW
POP Begin: 10-21-2024 POP End: 10-20-2029 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors
800.00 HR __________________ __________________
Additional inspection, testing, adjusting, and balancing of air on an as needed basis in IAW Section 8 of the SOW.
Standard Time Rates (Monday - Friday, 7:00am - 4:30pm)
POP Begin: 10-21-2024 POP End: 10-20-2029 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-
Conditioning Contractors
800.00 HR __________________ __________________
Additional inspection, testing, adjusting, and balancing of air on an as needed basis in IAW Section 8 of the SOW.
Overtime Rate
POP Begin: 10-21-2024 POP End: 10-20-2029 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors
1.00 JB __________________ __________________
Initial Site Review IAW Section 7 of the SOW
POP Begin: 10-21-2024 POP End: 10-20-2029 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors
GRAND TOTAL __________________
B.4 DELIVERY SCHEDULE
ITEM
NUMBER SHIPPING INFORMATION QUANTITY
DELIVERY
DATE
0001 SHIP TO: Department of Veterans Affairs Corporal Michael J. Crescenz VA Medical Center 3900 Woodland Ave.
Philadelphia, PA 19104
USA
20.00
0002 SHIP TO: Department of Veterans Affairs Corporal Michael J. Crescenz VA Medical Center 3900 Woodland Ave.
60.00
0003 SHIP TO: Department of Veterans Affairs Corporal Michael J. Crescenz VA Medical Center 3900 Woodland Ave.
5.00
0004 SHIP TO: Department of Veterans
Corporal Michael J. Crescenz VA Medical Center 3900 Woodland Ave.
800.00
0005 SHIP TO: Department of Veterans
Corporal Michael J. Crescenz VA Medical Center 3900 Woodland Ave.
800.00
0006 SHIP TO: Department of Veterans
Corporal Michael J. Crescenz VA Medical Center 3900 Woodland Ave.
1.00
SECTION C - CONTRACT CLAUSES
C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/
(End of Clause)
FAR
Number
Title Date
52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES
NOV 2023
ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES
Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
The following clauses are incorporated into 52.212-4 as an addendum to this contract:
FAR
Number
Title Date
52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR
PERSONNEL
JAN 2011
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE
MAINTENANCE
AUG 2020
52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW
INFORMATION
MAY 2024
52.223-10 WASTE REDUCTION PROGRAM MAY 2024
52.228-5 INSURANCE—WORK ON A GOVERNMENT
INSTALLATION
JAN 1997
52.237-2 PROTECTION OF GOVERNMENT BUILDINGS,
EQUIPMENT, AND VEGETATION
APR 1984
852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR
PERSONNEL
MAY 2020
C.2 52.216-18 ORDERING (AUG 2020)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Determined at award through Determined at award.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) A delivery order or task order is considered "issued" when—
(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;
(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or
(3) If sent electronically, the Government either—
(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or
(ii) Distributes the delivery order or task order via email to the Contractor’s email address.
(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.
(End of Clause)
C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor—
(1) Any order for a single item in excess of Determined at award;
(2) Any order for a combination of items in excess of Determined at award; or
(3) A series of orders from the same ordering office within 365 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period;
provided, that the Contractor shall not be required to make any deliveries under this contract after Determined at award.
(End of Clause)
C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS
In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:
(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.
(b) General Liability: $500,000.00 per occurrences.
(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.
(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.
C.6 52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)
(a) This clause does not apply to the unrestricted portion of a partial set-aside.
(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—
(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and
(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.
(c) Applicability. This clause applies only to—
(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;
(4) Orders expected to exceed the simplified acquisition threshold and that are—
(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405–5 and 16.505(b)(2)(i)(F); or
(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);
(5) Orders, regardless of dollar value, that are—
(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405–5 and 16.505(b)(2)(i)(F); or
(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and
(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.
(d) Independent contractors. An independent contractor shall be considered a subcontractor.
(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for—
(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;
(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;
(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded; or
(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.
(f) The Contractor shall comply with the limitations on subcontracting as follows:
(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause—
[] By the end of the base term of the contract and then by the end of each subsequent option period; or
[X] By the end of the performance period for each order issued under the contract.
(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.
(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.
(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.
(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.
C.7 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.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT
REQUESTS (NOV 2018)
(a) Definitions. As used in this clause—
(1) Contract financing payment has the meaning given in FAR 32.001;
(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;
(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; and
(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 at the current website address provided in the contract.
(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).
(d) Invoice requirements. Invoices shall comply with FAR 32.905.
(e) Exceptions. If, based on one of the circumstances in this paragraph (e), 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.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT
2020) The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract.
Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.
(End of Addendum to 52.212-4)
C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO
IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)
(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 products and commercial services:
(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 Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115–91).
(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(7) 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 products and commercial services:
[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (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) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712);
this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).
[X] (5) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).
[] (6) [Reserved]
[] (7) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).
[X] (8) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).
[X] (9) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).
[] (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115–390, title II).
[X] (11)(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition.
(DEC 2023) (Pub. L. 115–390, title II).
[] (ii) Alternate I (DEC 2023) of 52.204–30.
[X] (12) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).
[X] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).
[] (14) [Reserved]
[] (15) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).
[] (16) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[] (17) [Reserved]
[X] (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
[] (ii) Alternate I (MAR 2020) of 52.219-6.
[] (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
[] (ii) Alternate I (MAR 2020) of 52.219-7.
[X] (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).
[] (21)(i) 52.219–9, Small Business Subcontracting Plan (SEP 2023) (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 (JUN 2020) of 52.219–9.
[] (v) Alternate IV (SEP 2023) of 52.219–9.
[] (22)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
[] (ii) Alternate I (MAR 2020) of 52.219-13.
[X] (23) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).
[] (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.
637(d)(4)(F)(i)).
[] (25) 52.219–27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).
[X] (26) (i) 52.219–28, Post-Award Small Business Program Representation (FEB 2024) (15 U.S.C. 632(a)(2)).
[] (ii) Alternate I (MAR 2020) of 52.219–28.
[] (27) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).
[] (28) 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 (OCT 2022) (15 U.S.C. 637(m)).
[] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
[] (30) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).
[X] (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
[] (32) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126).
[X] (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
[X] (34)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).
[] (ii) Alternate I (FEB 1999) of 52.222-26.
[X] (35)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
[] (ii) Alternate I (JUL 2014) of 52.222-35.
[X] (36)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.
793).
[] (ii) Alternate I (JUL 2014) of 52.222-36.
[X] (37) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
[X] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act
(DEC 2010) (E.O. 13496).
[X] (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (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] (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
[] (41)(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.)
[] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).
[] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).
[] (44) 52.223-20, Aerosols. (MAY 2024) (42 U.S.C. 7671, et seq.).
[] (45) 52.223-21, Foams (MAY 2024). (42 U.S.C. 7671, et seq.).
[X] (46) 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C.
8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671I).
[] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
[] (ii) Alternate I (JAN 2017) of 52.224-3.
[] (48)(i) 52.225-1, Buy American—Supplies (OCT 2022) (41 U.S.C. chapter 83).
[] (ii) Alternate I (OCT 2022) of 52.225-1.
[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved].
[] (iii) Alternate II (DEC 2022) of 52.225-3.
[] (iv) Alternate III (FEB 2024) of 52.225-3.
[] (v) Alternate IV (OCT 2022) of 52.225-3.
[] (50) 52.225–5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note
[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[] (52) 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. Subtitle A, Part V, Subpart G Note).
[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C.
5150).
[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).
[X] (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving
(MAY 2024) (E.O. 13513)
[X] (56) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).
[] (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
[] (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services
(NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
[X] (59) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management
(OCT 2018) (31 U.S.C. 3332).
[] (60) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).
[] (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
[] (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
[] (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.
637(d)(13)).
[] (64)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).
[] (ii) Alternate I (APR 2003) of 52.247-64.
[] (iii) Alternate II (NOV 2021) 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 products and commercial services:
[X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C.
206 and 41 U.S.C. chapter 67).
Employee Class Monetary Wage-Fringe Benefits 23410 GS-07 Step 5
[X] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C.
chapter 67).
[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).
[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).
[X] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026
(JAN 2022).
[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract,…
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