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FBO DAILY ISSUE OF SEPTEMBER 16, 2012 FBO #3949
DOCUMENT

R -- Armored car service Amending to add Statement of work and to add Base plus option years to be bid on. - Attachment

Notice Date

9/14/2012
 

Notice Type

Attachment
 

NAICS

561613 — Armored Car Services
 

Contracting Office

Department of Veterans Affairs;Network Contracting Office 8 (248);Room 315, Bldg. 2;10,000 Bay Pines Blvd;Bay Pines FL 33744
 

ZIP Code

33744
 

Solicitation Number

VA24812Q2590
 

Response Due

9/21/2012
 

Archive Date

11/20/2012
 

Point of Contact

Lisa Nooner
 

E-Mail Address

9-3343<br
 

Small Business Set-Aside

N/A
 

Description

Department of Veterans Affairs Fiscal Service Bay Pines VA Healthcare Systems Statement of Work (SOW) Table of Contents SECTION A1 A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS1 CONTINUATION BLOCK1 2.1 CONTRACT ADMINISTRATION DATA1 CONTRACT CLAUSES1 3.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUNE 2007)1 3.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)1 3.3 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)1 3.4 VAAR 852.270-4 COMMERCIAL ADVERTISING (NOV 1984)1 CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS1 SOLICITATION PROVISIONS1 5.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)1 5.2 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)1 5.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-- COMMERCIAL ITEMS (NOV 2006)1 5.4 ADDENDUM to FAR 52.212-1 Instructions to Offerors --- Commercial Items - Sub-Part 13.5 Test Program1 CONTINUATION BLOCK 2.1 CONTRACT ADMINISTRATION DATA (continuation from Standard Form 1449, block 18A.) 1. Contract Administration: All contract administration matters will be handled by the following individuals: a. CONTRACTOR: b. GOVERNMENT: Contracting Officer 00516 Department of Veterans Affairs Contracting Officer (90C) Bay Pines VA Healthcare System (516) PO Box 457 Bldg 22, Room 411 Bay Pines FL 33744 2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with: [X] 52.232-34, Payment by Electronic Funds Transfer - Other than Central Contractor Registration, or [] 52.232-36, Payment by Third Party 3. INVOICES: Invoices shall be submitted in arrears: a. Quarterly[] b. Semi-Annually[] c. Other[] 4. GOVERNMENT INVOICE ADDRESS: All invoices from the contractor shall be mailed to the following address: Department of Veterans Affairs FMS-VA-2(101) Financial Services Center PO Box 149971 Austin TX 78714-8971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows: AMENDMENT NO DATE ______________________________ _____________ ______________________________ _____________ ______________________________ _____________ STATEMENT OF WORK Contractor shall be required to provide armored car services to/from the Agent Cashier at the Bay Pines VA Healthcare System, 10000 Bay Pines Boulevard, Bay Pines, Florida 33744, Building 100, Room 1E-110C, to/from Wells Fargo Bank, 125 - 5th Street South, St. Petersburg, Florida 33701 during the period October 1, 2012 through September 30, 2013, with four (4) option years from October 1, 2013 through September 30, 2017. A valid contractor picture identification must be presented to the agent cashier prior to receiving money shipment, and shall receipt thereof, sealed or locked shipment containing currency, coins, checks, securities and any other valuables (hereinafter called property) and transport and deliver same in like condition to Wells Fargo Bank. Wells Fargo is to be used for pickup and delivery of money, and the above schedule shall be performed on the contractor's regular routes and delivered to the bank for daily deposits as outlined below: Daily Pickup: Monday through Friday Time for Pickup: 10:00 a.m. Bank Delivery: Must be delivered to the bank next day delivery in time to meet the 2:00 p.m. posting National Holidays: The 10 holidays observed by the Federal Government are: New Year's Day1 January Martin Luther King Jr. DayThird Monday in January President's DayThird Monday in February Memorial DayLast Monday in May Independence Day4 July Labor DayFirst Monday in September Columbus DaySecond Monday in October Veterans's Day11 November Thanksgiving DayFourth Thursday in November Christmas Day25 December Any other day specifically declared by the President of the United States to be a national holiday. If a holiday falls on Sunday, the following Monday will be observed as the legal holiday. If a holiday falls on Saturday, the preceding Friday is observed as a legal holiday by U. S. Government Agencies. SECURITY REQUIREMENT: Contractor shall provide the Contracting Officer and the COR a list of personnel authorized for pickup and delivery of currency and other property to and from the Bay Pines VA Healthcare System and Wachovia Bank, within five (5) calendar days after receipt of notice of award. This list of names shall consist of the following: Complete name (printed) Agent's hand written signature Identification badge with ID number This list shall be used to identify the contractor's personnel, by name, signature, picture ID, and badge number. No currency shall be turned over to personnel not meeting this requirement. For added security purposes, the Contractor shall provide the Contracting Officer with an initial list and picture of personnel previously authorized but are no longer authorized by the Contractor for the pick-up and delivery of currency. The list shall be provided prior to award upon request from the Contracting Officer. As an added security for the Contractor and the government, the contractor shall provide the COR and Contracting Officer a list of contractor personnel previously on the authorized list of agents that are no longer authorized by the contractor for pick-up and delivery of VA currency. Said names, pictures and badge numbers shall be provided to the COTR and Contracting Officer within twenty-four (24) hours of rescission of agent's authority. Contractor shall remain liable for said personnel until such notification is received by the Contracting Officer. BADGES: All contractor personnel authorized for pick-up and delivery of currency to and from the VA Medical Center shall wear the Contractor's picture identification badge with name, signature and badge number clearly visible, and which is consistent with the name, signature and badge number of the list of authorized agents provided by the contractor. SUBCONTRACTING: Due to the delicate nature of the services required herein, subcontracting will not be permitted. SPECIAL CONRACT QUALIFICATIONS: Qualification of Offeror: Proposals will only be considered only from those offerors who are regularly established in the business called for and who are financially responsible and are able to show evidence of their reliability, ability, experience, equipment, facilities and personnel directly employed or supervised by them to render prompt and satisfactory service. The contractor shall furnish all necessary equipment and labor daily for armored car pick-up. The VA will cause all property delivered into the care of the contractor to be securely sealed or locked and clearly labeled with the contractor's and consignee's name, address and telephone number. Contractor shall meet all requirements of federal, state, county and city codes applicable to firms providing the service required by this contract. Orders: Requests for services shall be made in writing or by telephone by the Financial Manager or individuals designated by him/her, by name and title. A copy of this delegation shall be provided to the contractor if other than the Financial Manager. The Contractor, will pick-up cash from the Wells Fargo Bank, 125 - 5th Street South, St. Petersburg, Florida and deliver to the Agent Cashier, Building 100, Room 1E-110C, Bay Pines VA Healthcare System, Bay Pines, Florida 33744, on the date specified on the deposit ticket. Deliveries to the Bay Pines VA Healthcare System will be effect between the hours of 8:00 a.m. and 10:00 a.m. Pick-ups will be effect by 10:00 a.m. in time to reach the bank before the 2:00 p.m. cutoff time for posting the daily receipts Monday through Friday. It is agreed and understood that on one (1) charge per trip will be rendered. Charges will be adjusted for failure to render any of the above services on a pro-rated basis. Toll Charges: It is agreed and understood that the prices quoted in the schedule include all toll charges. Losses: The contractor agrees to assume liability, as hereinafter limited, for any loss, plus damage or destruction of property (hereinafter called "loss") from the time it is received by him/her until such time as it is delivered to the consignee designated by the VA to receive same, or, in the event of non-delivery, until its return to the Bay Pines VA Health Care System; but the Contractor does not assume liability for the property which are in safe(s) on the VA's premises. The sole liability of the Contractor in the event of loss for whatever cause except as hereinafter limited, shall be payment to the VA of the declared value as appears on the shipment document, which shall not exceed $200,000 liability per shipment. If shipment is lost or stolen, Contractor shall immediately notify the Agent Cashier, who will in turn notify the Financial Manager, who will in turn notify the Associate Medical Center Director. The VA, in the event of loss or destruction, will cooperate to the fullest extent to which it is capable in reconstructing checks constituting a part of said loss and as to said checks, the contractor's liability except as limited herein above shall be the payment to the VA of: a) Reasonable costs necessary to reconstruct the checks plus when the checks are reconstructed, any necessary costs incurred because of stop payment procedures, etc. b)The face value of check which cannot be reconstructed. It is understood and agreed by the parties of this contract that the words "reconstruct, reconstructs, and reconstructed" shall mean to identify the checks only to the extent to determine the face value of said checks and identify the maker or the endorser of each. It is further understood and agreed that the word "shipment" wherever used in this agreement shall mean a single consignment of one or more items of property from one shipper at a time, at one address to one consignee at one destination address. The VA agrees to notify the contractor, in writing, via certified mail, of any claim for loss within twenty-four (24) hours after loss is discovered or should have been discovered in the exercise of due care, and in any event within forty-five (45) days after delivery to the Contractor of the property in connection with which the claim is asserted and unless such notice shall have been given, such claim shall be deemed waived. Insurance: Satisfactory insurance coverage is a condition precedent to the award of this contract. In general, the contractor must present satisfactory proof of full compliance with federal, state and local requirements, whichever is greater. The contractor shall obtain necessary licenses and/or permits, equipment and supplies required to perform this service. The contractor shall take all reasonable precautions necessary to protect persons and property from injury, damage, and danger during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees as well as for any damage and/or loss of federal, personal, or public property that occurs during the performance of this contract that is caused by his/her employee's fault or negligence, and shall maintain personal liability and property damage and loss insurance having coverage for a limit as required. Contractor must be bonded and provide the Contracting Officer a notarized copy of coverage with the offer and prior to contract award. The Department of Veterans Affairs Medical Center is exempt from federal, state and local taxes. Requests for supplies are not covered by this service contract. Signing of Offer: The satisfactory evidence of authority of the person signing the offer must be submitted with the offer. Contractor Conduct: While performing services at the Bay Pines VA Healthcare System, the contractor and his/her employees are subject to the rules of the Medical Center applicable to their conduct. Authorized Services: Only those services specified in the contract are authorized. Before performing any service not included in the contract, the Contracting Officer shall be advised of the reason for the additional work. The contractor is cautioned that only the Contracting Officer may authorize additional services and reimbursement will not be made unless prior authorization is obtained. TYPE OF CONTRACT: The Bay Pines VA Healthcare System will award a firm-fixed price contract pursuant to this solicitation. TERM OF CONTRACT: This contract is effective for a period of one year from the date of award, with four one-year options (exercised at the Government's discretion). This contract is subject to the availability of VA funds. SCHEDULE OF SERVICES The Department of Veterans Affairs may choose to exempt certain line items prior to contract award. Description of ItemUnitUnit PriceTotal Price BASE YEAR: FOR OCTOBER 1, 2012 THROUGH SEPTEMBER 30, 2013: 1)For Bay Pines VA Health Care System, 10000 Bay Pines Blvd. Bay Pines Florida 33744: Armored Car Services for the Agent Cashier Office, located in Bldg. 100, Room 1E-110C, every day, except Federal holidays, to receive checks and/or cash to be delivered to Wells Fargo Bank, 125 - 5th Street South, St. Petersburg, FL 33701. This will also include delivering cash back to the Agent Cashier Office from Wells Fargo Bank. 12 Month$_________$_________ 2) For Bay Pines VA Health Care System, 10000 Bay Pines Blvd. Bay Pines Florida 33744: Armored Car Services for the Veterans Canteen Service located in Bldg. One, Room B117, Monday, Wednesday and Friday, except Federal holidays, to receive checks and/or cash to be delivered to Bank of America, 4109 West Gandy Blvd. Tampa FL 33601. This will also include delivering cash back to the Veterans Canteen Service from Bank of America. 12 Month$_________$_________ FIRST OPTION YEAR: FOR OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2014: 1) For Bay Pines VA Health Care System, 10000 Bay Pines Blvd. Bay Pines Florida 33744: Armored Car Services for the Agent Cashier Office, located in Bldg 100, Room 1E-110C, every day, except Federal holidays, to receive checks and/or cash to be delivered to Wells Fargo Bank, 125 - 5th Street South, St. Petersburg, FL 33701. This will also include delivering cash back to the Agent Cashier Office from Wells Fargo Bank. 12 Month$_________$_________ 2) For Bay Pines VA Health Care System, 10000 Bay Pines Blvd. Bay Pines Florida 33744: Armored Car Services for the Veterans Canteen Service located in Bldg. One, Room B117, Monday, Wednesday and Friday, except Federal holidays, to receive checks and/or cash to be delivered to Bank of America, 4109 West Gandy Blvd. Tampa FL 33601. This will also include delivering cash back to the Veterans Canteen Service from Bank of America. 12 Month$_________$_________ SECOND OPTION YEAR: FOR OCTOBER 1, 2014 THROUGH SEPTEMBER 30, 2015: 1)For Bay Pines VA Health Care System, 10000 Bay Pines Blvd. Bay Pines Florida 33744: Armored Car Services for the Agent Cashier Office, located in Bldg 100, Room 1E-110C, every day, except Federal holidays, to receive checks and/or cash to be delivered to Wachovia Bank, 125 - 5th Street South, St. Petersburg, FL 33701. This will also include delivering cash back to the Agent Cashier Office from Wells Fargo Bank. 12 Month$_________$_________ 2) For Bay Pines VA Health Care System, 10000 Bay Pines Blvd. Bay Pines Florida 33744: Armored Car Services for the Veterans Canteen Service located in Bldg. One, Room B117, Monday, Wednesday and Friday, except Federal holidays, to receive checks and/or cash to be delivered to Bank of America, 4109 West Gandy Blvd. Tampa FL 33601. This will also include delivering cash back to the Veterans Canteen Service from Bank of America. 12 Month$_________$_________ THIRD OPTION YEAR: FOR OCTOBER 1, 2015 THROUGH SEPTEMBER 30, 2016: 1)For Bay Pines VA Health Care System, 10000 Bay Pines Blvd. Bay Pines Florida 33744: Armored Car Services for the Agent Cashier Office, located in Bldg 100, Room 1E-110C, every day, except Federal holidays, to receive checks and/or cash to be delivered to Wells Fargo Bank, 125 - 5th Street South, St. Petersburg, FL 33701. This will also include delivering cash back to the Agent Cashier Office from Wells Fargo Bank. 12 Month$_________$_________ 2) For Bay Pines VA Health Care System, 10000 Bay Pines Blvd. Bay Pines Florida 33744: Armored Car Services for the Veterans Canteen Service located in Bldg. One, Room B117, Monday, Wednesday and Friday, except Federal holidays, to receive checks and/or cash to be delivered to Bank of America, 4109 West Gandy Blvd. Tampa FL 33601. This will also include delivering cash back to the Veterans Canteen Service from Bank of America. 12 Month$_________$_________ FOURTH OPTION YEAR: FOR OCTOBER 1, 2016 THROUGH SEPTEMBER 30, 2017: 2)For Bay Pines VA Health Care System, 10000 Bay Pines Blvd. Bay Pines Florida 33744: Armored Car Services for the Agent Cashier Office, located in Bldg 100, Room 1E-110C, every day, except Federal holidays, to receive checks and/or cash to be delivered to Wells Fargo Bank, 125 - 5th Street South, St. Petersburg, FL 33701. This will also include delivering cash back to the Agent Cashier Office from Wells Fargo Bank. 12 Month$_________$_________ 2) For Bay Pines VA Health Care System, 10000 Bay Pines Blvd. Bay Pines Florida 33744: Armored Car Services for the Veterans Canteen Service located in Bldg. One, Room B117, Monday, Wednesday and Friday, except Federal holidays, to receive checks and/or cash to be delivered to Bank of America, 4109 West Gandy Blvd. Tampa FL 33601. This will also include delivering cash back to the Veterans Canteen Service from Bank of America. 12 Month$_________$_________ CONTRACT CLAUSES 52.204-7CENTRAL CONTRACTOR REGISTRATIONJUL 2006 52.232-18AVAILABILITY OF FUNDSAPR 1984 3.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUNE 2007) (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) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (2) 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: [] (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). [] (2) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a). [] (3) 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).[ [ ] (4) Reserved] [] (5)(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. [] (6)(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. [] (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). [] (8)(i) 52.219-9, Small Business Subcontracting Plan (Sept 2006) (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. [] (9) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). [] (10) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). [] (11)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Sept 2005) (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. [] (12) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (Oct 1999) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). [X] (13) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). [] (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). [X] (15) 52.219-28, Post Award Small Business Program Representation (June 2007) (15 U.S.C 632(a)(2)). [X] (16) 52.222-3, Convict Labor (June 2003) (E.O. 11755). [] (17) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2006) (E.O. 13126). [X] (18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). [X] (19) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). [X] (20) 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] (21) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). [X] (22) 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). [] (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). [] (24)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Aug 2000) (42 U.S.C. 6962(c)(3)(A)(ii)). [] (ii) Alternate I (Aug 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). [X] (25) 52.225-1, Buy American Act--Supplies (June 2003) (41 U.S.C. 10a-10d). [] (26)(i) 52.225-3, Buy American Act--Free Trade Agreements-- Israeli Trade Act (Nov 2006) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169). [] (ii) Alternate I (Jan 2004) of 52.225-3. [] (iii) Alternate II (Jan 2004) of 52.225-3. [] (27) 52.225-5, Trade Agreements (Nov 2006) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [X] (28) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). [] (29) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (42 U.S.C. 5150). [] (30) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (42 U.S.C. 5150). [] (31) 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)). [] (32) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). [] (33) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). [X] (34) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). [] (35) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332). [] (36) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). [] (37)(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, as Amended (July 2005) (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.). [X] (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (Nov 2006) (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 (Feb 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). (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 paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-- (i) 52.219-8, 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. (ii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (iii) 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). (iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). (vi) 52.222-41, Service Contract Act of 1965, as Amended (July 2005), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.). (vii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) 3.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years. (End of Clause) 3.3 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984) The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employee's fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury and liability resulting there from. (End of Clause) 3.4 VAAR 852.270-4 COMMERCIAL ADVERTISING (NOV 1984) The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor. (End of Clause)
 

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File Name: VA248-12-Q-2590 A00001 VA248-12-Q-2590 A00001.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=477201&FileName=VA248-12-Q-2590-A00001000.docx)

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