Loren Data's SAM Daily™

FBO DAILY ISSUE OF MAY 02, 2010 FBO #3081
SOLICITATION NOTICE

68 -- Medical Grade Liquid Bulk Oxygen

Notice Date

4/30/2010
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

325120 — Industrial Gas Manufacturing
 

Contracting Office

Department of Veterans Affairs;VA Boston Healthcare System;Contracting Officer (90C);940 Belmont Street;Brockton MA 02301
 

ZIP Code

02301
 

Solicitation Number

VA-241-10-RQ-0341
 

Response Due

5/10/2010
 

Archive Date

5/12/2010
 

Point of Contact

Cheri K. WicksEmail only: no phone calls accepted.
 

E-Mail Address

Contracting Officer's email
(cheri.wicks@va.gov)
 

Small Business Set-Aside

N/A
 

Description

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. In order to provide for continued services, VA intends to issue a sole-source contract to the current vendor under the authority of FAR 6.302-2, Unusual and Compelling Urgency, until such time as a long term, full and open competition contract can be established. A contract with a base of 4 months and 2 six-month options is anticipated. This is a Request for Quotation (RFQ); the solicitation number is VA-241-10-RQ-0341. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular April 22, 2010. This requirement is not set aside; it is conducted under the authority of FAR 6.302-2, Unusual and Compelling Urgency and FAR 6.302-1, only one responsible source and no other supplies or services will satisfy agency requirements. The NAICS Code is 325120. Delivery shall be FOB Destination at the three locations of VA Boston Healthcare System: Brockton, MA, West Roxbury, MA, and Jamaica Plain, MA. FAR 52.212-1, Instructions to Offerors-Commercial Items is applicable. FAR 52-212-2, Evaluation-Commercial Items is applicable; the factors are technical, past performance, and price. A completed copy of FAR 52.212-3, Offeror Representations and Certifications-Commercial Items shall accompany the quote. FAR 52.212-4, Contract Terms and Conditions--Commercial Items is applicable as well as the provided addenda. FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes Or Executive Orders-- Commercial Items is applicable. Specific additional FAR clauses are marked. Quotes must be received electronically (cheri.wicks@va.gov) no later than noon EST on Monday, May 10, 2010. 1. General NOTE; Regulations, standards, codes, and certain specifications have not been updated. Vendor is advised that compliance with all currently applicable regulations, standards, codes, and specifications in effect for the manufacture, delivery, distribution, and supply of medical-grade liquid bulk oxygen is mandatory. The vendor's quote and proposal shall cite and insure compliance with the most current regulations, standards, codes, and specifications. (See highlighted portions.) 1.1 The Department of Veterans Affairs, Boston Healthcare System (VABHS) currently has a requirement type national contract for the distribution and supply of medical-grade liquid bulk oxygen that will expire May 31 2010. Services are required beyond expiration of the current national contract. 1.2 The purpose of this solicitation is to establish a committed source of supply of medical-grade liquid bulk oxygen for the three (3) locations within VABHS included in this solicitation. The contractor shall also provide a contractor-owned tank with an appropriate back-up system. (i.e. reserve tank or cylinder bank). Specifications for each location are listed in the solicitation schedule. 1.3 The quantities shown in the solicitation schedule are estimates of each location's requirements. There is no express or implied guarantee that these quantities will be purchased. The base contract period for all contracts awarded under this solicitation will be June 1, 2010, or date of award, whichever is earlier, through September 30, 2010. 1.4 A Contracting Officer Technical Representative (COTR) has been designated in the solicitation schedule for each ordering location. The COTR is responsible for local contract administration issues such as ordering and providing specific delivery instructions. A letter of delegation that outlines the COTR's specific responsibilities will be provided to the contractor and COTR at the time of contract award. Within 5 days after notification of contract award, the contractor shall meet with the COTR to ensure mutual understanding of facility requirements relating to the ordering method and specific details of any delivery instructions that are included in the solicitation schedule. The facility COTR shall forward a written copy of the mutual agreement signed by both parties to the Contracting Officer for incorporation into the contract by written modification within 30 days after contract award. If agreement cannot be reached between the contractor and COTR regarding any issue, the matter shall be referred to the Contracting Officer for resolution. 1.5 Prior to first filling, contractor must perform in-service training to include the following facets for contractor owned and government owned systems: the refill procedure, any preventive maintenance support requirements that may be needed from the medical center systems, and an explanation of all the volume alarm and low pressure set-points. The contractor will provide written procedures and training for VA staff for protocols to accomplish emergency shutdowns or other sudden, unplanned termination of the refilling process. Contractor will provide 24/7 emergency contact name(s) and telephone number(s). 1.6 Prior to first filling, and annually thereafter, alarm set-point testing and written verification must be presented through the use of a qualified third party expert per NFPA 99, 2005 Edition for contractor owned and government owned systems. Any code deficiencies in the Medical Center's existing system, as defined by NFPA 55 1.3.3, "Bulk Oxygen System", must be identified by the contractor. A detailed explanation of these deficiencies must be presented in writing to the COTR. Receipt of this written explanation must be signed for by the COTR. 1.7 Prior to first filling, and within five (5) days of the beginning of any option period that may be exercised, the contractor must verify, in writing, the accuracy of all gauges on contractor owned tanks. If the gauge(s) are government owned, contractor will provide, if requested after award, a written proposal with price to verify accuracy of the gauge(s). The Government may choose to exercise this option at its desire. 2. Acronyms 2.1 This section lists acronyms that are used in this Statement of Work and other parts of the solicitation. CCF - 100 cubic feet CF - Cubic feet CGA - Compressed Gas Association CGMP - Current Good Manufacturing Practices CO - Contractor owned COTR - Contracting Officer Technical Representative FDA - U.S. Food & Drug Administration GO - Government owned NFPA - National Fire Protection Association OSHA - U.S. Department of Labor, Occupational Safety and Health Administration USP - United States Pharmacopeia VA - Department of Veterans Affairs 3. Government-Furnished Property 3.1 The solicitation schedule will identify the bulk oxygen storage tank(s) at each location as being either GO (Government Owned) or CO (Contractor Owned). Government owned bulk oxygen storage tanks and appurtenances will be maintained by and at the expense of the Government in a manner that will insure compliance with applicable regulations, standards and normal good practices. 3.2 Each VABHS location that requires installation of contractor owned equipment shall provide a suitable location and foundation for the installation of the contractor owned bulk oxygen tank(s). Additionally, each location shall provide access to an electrical power source and hook-up to a facility-maintained alarm system. The contractor shall perform the hook-up of contractor owned equipment to the facility-maintained alarm system. 4. Contractor-Furnished Equipment 4.1 For those facilities listed in the schedule as having contractor owned tanks, the contractor shall provide, install and maintain bulk oxygen tank(s) with appropriate back-up system(s). Through the duration of the contract, the contractor shall be liable for the integrity, suitability, and safety of contractor owned tank(s) that will insure compliance with applicable regulations, standards and normal good practices. The tank capacity and reserve system shown in the schedule are minimum capacities required by the using facilities. Manifold, cylinders for the reserve supply, liquid converter, alarm switch, regulator, valves, level indicator, and any other devices or connections required for proper tie-ins with the facility's gas system shall be furnished by the contractor, without cost to the Government. The manifold or liquid converter shall deliver gas at a pressure and rate of flow adequate to supply the system. Each liquid oxygen storage container shall have an outlet that allows access for testing the purity of the oxygen. 4.2 All equipment and materials required to perform on the contract (other than what is specifically listed in section 3, Government-Furnished Property) shall be provided by the contractor. Contractor owned equipment shall be installed, inspected and maintained by the contractor without additional cost to the Government. (i.e., all installation, inspection and maintenance costs shall be included in the contract's monthly equipment rental fee for the applicable facility.) Contractor owned equipment shall be kept in good operating condition and appearance, in accordance with applicable regulations, standards and normal good practices. The contractor shall be provided reasonable access to the bulk oxygen systems for this purpose. 5. Installation of Contractor-Owned Equipment 5.1 All contractor owned equipment shall be installed in accordance with NFPA 55: Standard for Bulk Oxygen Systems at Consumer Sites, 2010, NFPA 99 Standard for Health Care Facilities, 2005 Edition, and FDA's Current Good Manufacturing Practices (CGMP) Regulations. The contractor shall comply with all OSHA standards and applicable safety requirements, including proper signage and use of personal protective equipment. 6. Delivery of Medical Liquid Bulk Oxygen 6.1 Bulk oxygen is ordered by and delivered to the individual ordering VABHS locations. The list of locations and information regarding their unique delivery requirements is included in the solicitation schedule. 6.2 The contractor shall deliver medical-grade liquid oxygen within the time-frame specified in the schedule for each VABHS location. The time-frame identified may be either the number of calendar days after receipt of the Government's order, the specific days of the week for delivery, the specific time intervals between deliveries, a specified reorder point, or other specified ordering and delivery methods. If the time frame for contractor delivery is not identified in the facility requirements, the contractor must provide 24-hour notice prior to delivery or upon mutual agreement between the facility and contractor, alternate ordering/delivery methods such as pre-scheduled deliveries, calling for tank level readings, installing a telemetry unit, etc. may be arranged. If for any reason the contractor is unable to delivery at the agreed upon day or time, the contractor will provide 24-hour notice to the COTR, so that the facility can initiate an alternate backup action. In accordance with VHA Patient Safety Alert dated April 5, 2004, all deliveries must be monitored by a qualified and trained technical representative that will be designated by each facility. Contractor will be provided with names and contact information of primary and back-up facility representatives. This applies to all deliveries regardless of time or day of execution. 6.3 Tanks(s) will be filled to maximum functional capacity at each refilling procedure unless otherwise specified in the facility requirements or as agreed upon in a written document signed and dated by the COTR. 6.4 At the time of each delivery, contractor must provide a legible signed and dated written document that identifies the tank level prior to fill, the level after fill, and the quantity delivered. This document must be counter-signed by the facility representative supervising the delivery. 6.5 Emergency delivery will be provided within 24 hours after receipt of Government notification. Contractor must respond to the facility by either telephone or email within one hour to confirm receipt of emergency notification to ascertain the nature of the emergency. Emergency status is determined by the Government when conditions warrant, such as an actuated main bulk tank low level alarm, imminent alarm condition, or system leak. Failure of the contractor to remain current with agreed delivery schedule and requirements does not constitute an "emergency" for purposes of charging an emergency delivery fee. 7. Quality Assurance Specifications and Requirements 7.1 All medical gas manufacturers and fillers of medical gases must be registered with FDA as drug manufacturers. All oxygen shall be manufactured, processed, packed, transported, and stored according to FDA's Current Good Manufacturing Practices (CGMP) regulations, and all labeling shall comply with FDA's labeling regulations (21 CFR Part 201). 7.2 All liquid bulk oxygen delivered under the contract shall be medical-grade and shall meet or exceed the standards cited in the current edition of the United States Pharmacopoeia/National Formulary (U.S.P.). 7.3 A valid certificate of analysis shall be provided with each delivery of liquid oxygen. The certificate shall include, at a minimum: a) Supplier's name and complete address b) Name of the Product (i.e. Oxygen U.S.P.) c) An Air Liquefaction Statement where appropriate d) Lot number or other unique identification number e) Actual analytical results for full U.S.P. monograph testing. (A statement that only states that the product meets the minimum purity of 99.5%, etc. is not acceptable.) f) Test method used to perform the analysis. (A statement such as "Meets U.S.P. specifications" is not acceptable; nor would "Tested via Servomex" be acceptable since the specific model number is not provided.) g) Signature of authorized supplier representative and date. 7.5 Material Safety Data Sheets shall be provided to the facility COTR upon request. 7.6 A copy of all inspection reports shall be provided to the facility COTR upon the completion of any contractor owned or government owned bulk oxygen system inspections that are required by regulation. 7.7 All contractor owned equipment shall be maintained or repaired in accordance with NFPA 55 Standard for Bulk Oxygen Systems at Consumer Sites, 2010 and FDA's Current Good Manufacturing Practices (CGMP) Regulations. 8. Applicable Regulations & Standards NOTE; Regulations, standards, codes, and certain specifications have not been updated. Vendor is advised that compliance with all currently applicable regulations, standards, codes, and specifications in effect for the manufacture, delivery, distribution, and supply of medical-grade liquid bulk oxygen is mandatory. The vendor's quote and proposal shall cite and insure compliance with the most current regulations, standards, codes, and specifications The following is a list of some of the regulations and standards that are applicable to this contract. The list is not comprehensive, and the contractor is responsible for ensuring that all products, equipment, and services provided under the contract are in compliance with applicable Federal, state, and local regulations. If applicable, the editions in effect as of the date of this solicitation are listed. Contractor is responsible for remaining compliant with any future revisions that are effective at the time of contract performance. Title 21, Code of Federal Regulations, Parts 210 & 211 - CGMP regulations for supplying medical grade oxygen. 29 CFR 1910.104 Applies to the installation of bulk oxygen systems on industrial and institutional consumer premises 49 CFR - Transportation Federal Food, Drug, and Cosmetic Act NFPA 55: Standard for Bulk Oxygen Systems at Consumer Sites, 2010 Edition NFPA 99: Standard for Health Care Facilities, 2005 Edition U.S.P. 23 Density data and volume measurement equivalents published in Compressed Gas Association Pamphlet No. P-6, titled "Standard Density Data, Atmospheric Gases and Hydrogen," shall be used when necessary to convert measurement of gases from one form to another. For example, the following conversion factor shall apply for conversion from gallons to cubic feet. Calculation based on data in CGA P-6 1 ft liquid O2 = 860.6 ft gas (Table 1) 1 ft liquid O2 = 7.48052 gal ((Table 2) Therefore: 7.48052 gal (1 ft) liquid O2 = 860.6 ft gas 1 gal liquid O2 = 860.6 ft gas 7.48052 1 gal liquid O2 = 115.05 ft gas or more commonly quoted as 1 gal liquid O2 = 115.1 ft gas 9. Contractor Owned Cylinders 9.1 This section applies to all contractor owned cylinders that are provided under this contract as a back-up system to a primary bulk oxygen system. 9.2 Laws and Regulations: Cylinders and other containers for gaseous and liquid forms of gases shall comply with the Department of Transportation specifications and shall be maintained, filled, marked, labeled, and shipped to comply with current and subsequent updates to DOT regulations (Title 49-Transportation, Code of Federal Regulations). Packaging, labeling, etc., for medical gases shall also comply with the Federal Food, Drug, and Cosmetic Act. 9.3 Marking: In addition to marking required by the aforementioned laws and regulations, marking shall comply with American National Standards Z48.1-1954 (R 1971), "Method of Marking Portable Compressed Gas Containers to Identify the Material Contained." 9.4 All unauthorized or inapplicable markings, tags, and labels shall be removed. When shipment is by commercial carrier, shipping tags complying with Federal Standard 123F dated 5/15/91 shall be attached to each cylinder so as to be protected by the valve protection cap. The contract data markings required by the applicable standard shall be applied to one side of the tag and the identification markings on the reverse side. Consignee markings may be omitted when shipment is by contractor's truck. 9.5 Valves: Valves shall comply with Compressed Gas Associates Standard CGA-V-1 (11th Edition, 2003), "Standard for Compressed Gas Cylinder Valve Outlet and Inlet Connections." Valve protection caps for cylinders designed to receive such caps shall be securely attached to the cylinders in a manner to protect the valves from injury during transit and delivery to the purchaser's receiving area. Refer to 49 CFR 173.301(g)). 9.6 Color Coding: All cylinders shall be color coded in accordance with the Compressed Gas Association Pamphlet CGA C-9-1988, "Standard Color Marking Of Compressed Gas Containers Intended For Medical Use." 9.7 The contractor shall be responsible for all testing required by regulation of contractor owned cylinders at no additional cost to the Government. 9. Contractor Owned Cylinders (continued) 9.9 The contractor's price for the oxygen shall include the furnishing of, at no additional cost, all services which are required at each and every filling of a cylinder to comply with applicable regulations, specifications, and normal good practices. Such services are of the type normally provided in the supply of medical cylinder gases, and shall include, but not be limited to: tags indicating cylinder is "Full," In Use," or "Empty"; inspection, testing, evaluation, and cleaning services required at each and every filling; pin-indexing, when required, and attachment of Government-furnished warning tags, when required. Attaching of oxygen cylinders to manifold systems, when required, shall also be performed by the contractor at no additional cost. In addition to services listed in this paragraph, the contractor is responsible for all maintenance and testing of contractor-owned cylinders. 10. Government Owned Cylinders 10.1 Government owned cylinders shall remain the property of VABHS and shall not be exchanged for other cylinders, either government-owned or contractor-owned, without authorization of the Contracting Officer Technical Representative (COTR) at VABHS. BASE PERIOD: DATE OF AWARD THROUGH SEPTEMBER 30, 2010 ITEM DESCRIPTION OF QTYUNITUNIT TOTAL ESTIMATED NO. SUPPLIES/SERVICES PRICE PRICE-4 Months 1. Furnish and maintain 3 liquid oxygen tanks with back-up systems for VABHS Brockton 3 TanksMonth_______________ location. 1A. Supply Medical-grade liquid bulk oxygen to VABHS (est) Brockton location2,133 CCF/Month_______________ 2. Furnish and maintain 1 liquid oxygen tank with back-up system for VABHS Jamaica Plain location. 1 TankMonth_______________ 2A. Supply Medical-grade liquid bulk oxygen to VABHS Jamaica Plain (est) location.1,163 CCF/Month_____________ 3. Furnish and maintain 1 liquid oxygen tank with back-up system for VABHS West Roxbury location. 1 TankMonth_____________ 3A. Supply Medical-grade liquid bulk oxygen to VABHS (est) West Roxbury location6,263 CCF/Month_____________ OPTION PERIOD ONE: OCTOBER 1, 2010 THROUGH MARCH 31, 2011 1. Furnish and maintain 3 liquid oxygen tanks with back-up systems for VABHS Brockton 3 TanksMonth_____________ location. 1A. Supply Medical-grade liquid bulk oxygen to VABHS (est) Brockton location2,133 CCF/Month_____________ 2. Furnish and maintain 1 liquid oxygen tank with back-up system for VABHS Jamaica Plain location. 1 TankMonth__________ 2A. Supply Medical-grade liquid bulk oxygen to VABHS Jamaica Plain (est) location.1,163 CCF/Month__________ 3. Furnish and maintain 1 liquid oxygen tank with back-up system for VABHS West Roxbury location. 1 TankMonth__________ 3A. Supply Medical-grade liquid bulk oxygen to VABHS (est) West Roxbury location6,263 CCF/Month__________ OPTION PERIOD TWO: APRIL 1, 2011 THROUGH SEPTEMBER 30, 2012 1. Furnish and maintain 3 liquid oxygen tanks with back-up systems for VABHS Brockton 3 TanksMonth__________ location. 1A. Supply Medical-grade liquid bulk oxygen to VABHS (est) Brockton location2,133 CCF/Month__________ 2. Furnish and maintain 1 liquid oxygen tank with back-up system for VABHS Jamaica Plain location. 1 TankMonth__________ 2A. Supply Medical-grade liquid bulk oxygen to VABHS Jamaica Plain (est) location.1,163 CCF/Month__________ 3. Furnish and maintain 1 liquid oxygen tank with back-up system for VABHS West Roxbury location. 1 TankMonth__________ 3A. Supply Medical-grade liquid bulk oxygen to VABHS (est) West Roxbury location6,263 CCF/Month__________ 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (FEB 2010) (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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104 (g)). (2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78) (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: [X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). [x] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). [] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (MAR 2009) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) [] (4) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (MAR 2009) (Pub. L. 111-5). [] (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a). [] (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). [] (7) [Reserved] [] (8)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644). [] (ii) Alternate I (Oct 1995) of 52.219-6. [] (iii) Alternate II (Mar 2004) of 52.219-6. [] (9)(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] (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). [X] (11)(i) 52.219-9, Small Business Subcontracting Plan (APR 2008) (15 U.S.C. 637(d)(4)). [] (ii) Alternate I (Oct 2001) of 52.219-9. [] (iii) Alternate II (Oct 2001) of 52.219-9. [] (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). [X] (13) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). [] (14)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer.) [] (ii) Alternate I (June 2003) of 52.219-23. [] (15) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (APR 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). [] (16) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). [] (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). [X] (18) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C 632(a)(2)). [X] (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755). [X] (20) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (AUG 2009) (E.O. 13126). [X] (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). [X] (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). [X] (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). [X] (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). [X] (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). [] (26) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 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.) [] (27)(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.) [] (28) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b). [] (29)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). [] (ii) Alternate I (DEC 2007) of 52.223-16. [] (30) 52.225-1, Buy American Act--Supplies (FEB 2009) (41 U.S.C. 10a-10d). [] (31)(i) 52.225-3, Buy American Act--Free Trade Agreements-- Israeli Trade Act (JUN 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53 and 109-169, 109-283, and 110-138). [] (ii) Alternate I (Jan 2004) of 52.225-3. [] (iii) Alternate II (Jan 2004) of 52.225-3. [X] (32) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [X] (33) 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). [] (34) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). [] (35) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). [] (36) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). [] (37) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). [] (38) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). [X] (39) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). [X] (40) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332). [] (41) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). [] (42)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). [] (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [X] (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). [X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). Employee Class Monetary Wage-Fringe Benefits [X] (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). [] (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). [] (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). [] (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.). [] (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110-247) [] (8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (vii) [Removed and reserved] (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements "(Nov 2007)" (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (FEB 2009)(41 U.S.C. 351, et seq.). (xii) 52.222-54, Employee Eligibility Verification (JAN 2009) (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. A.2 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. A.3 VAAR 852.216-70 ESTIMATED QUANTITIES (APR 1984) As it is impossible to determine the exact quantities that will be required during the contract term, each bidder whose bid is accepted wholly or in part will be required to deliver all articles or services that may be ordered during the contract term, except as he/she otherwise indicates in his/her bid and except as otherwise provided herein. Bids will be considered if made with the proviso that the total quantities delivered shall not exceed a certain specified quantity. Bids offering less than 75 percent of the estimated requirement or which provide that the Government shall guarantee any definite quantity, will not be considered. The fact that quantities are estimated shall not relieve the contractor from filling all orders placed under this contract to the extent of his/ her obligation. Also, the Department of Veterans Affairs shall not be relieved of its obligation to order from the contractor all articles or services that may, in the judgment of the ordering officer, be needed except that in the public exigency procurement may be made without regard to this contract. A.4 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. A.5 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Technical Past Performance Price Technical and past performance, when combined, are approximately equal to price. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. A.6 52.225-18 PLACE OF MANUFACTURE (SEPT 2006) (a) Definitions. As used in this clause-- "Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except-- (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. (b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly-- (1) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) Outside the United States. A.7 852.211-72 TECHNICAL INDUSTRY STANDARDS (JAN 2008) The supplies or equipment required by this invitation for bid or request for proposal must conform to the standards of the and as to. The successful bidder or offeror will be required to submit proof that the item(s) he/she furnishes conforms to this requirement. This proof may be in the form of a label or seal affixed to the equipment or supplies, warranting that they have been tested in accordance with and conform to the specified standards. Proof may also be furnished in the form of a certificate from one of the above listed organizations certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards. A.8 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (JAN 2003) The Government intends to evaluate proposals and award a contract without exchanges with offerors. Therefore, each initial offer should contain the offeror's best terms from a cost or price and technical standpoint. However, the Government reserves the right to conduct exchanges if later determined by the contracting officer to be necessary.
 

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