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FBO DAILY - FEDBIZOPPS ISSUE OF AUGUST 23, 2014 FBO #4655
DOCUMENT

89 -- MILK & DAIRY - FY 2015 VA MEDICAL CENTER BUFFALO, NY - Attachment

Notice Date

8/21/2014
 

Notice Type

Attachment
 

NAICS

311991 — Perishable Prepared Food Manufacturing
 

Contracting Office

DEPARTMENT OF VETERANS AFFAIRS;NETWORK CONTRACTING OFFICE 2;ARGONNE AVENUE, BLDG 41;BATH, NY 14810
 

ZIP Code

14810
 

Solicitation Number

VA52814Q0446
 

Response Due

8/29/2014
 

Archive Date

10/28/2014
 

Point of Contact

EDWARD LYKE
 

Small Business Set-Aside

N/A
 

Description

This is a combined synopsis and solicitation for milk and dairy items for the VA Medical Center in Buffalo, New York. Contractor shall provide all necessary labor, material, equipment, supplies and supervision to provide milk and dairy items in accordance with the terms and conditions of this contract. The Contractor shall provide milk and dairy items to meet the highest customer service standards of the industry in support of the VA Medical Center in Buffalo NY, identified as Place of Performance this notice. Contract period is October 1, 2014 - September 30, 2015. The option to extend for an additional year is available. All items delivered shall be in accordance with the latest Federal Hospital Subsistence Guide. All deliveries shall conform in every respect to the provisions of the Federal Food, Drug and Cosmetic Act and regulations promulgated thereunder. Quotes are to be sent to Edward Lyke, Contracting Officer, at Edward.Lyke@va.gov This solicitation for quotes will close at 4:00pm on Friday, August 29, 2014. The government is contemplating award of a requirements contract. Quantities of items listed in Schedule B.2 are estimated quantities only. The government is not committing itself to a minimum quantity of supplies nor is it committing to a maximum. All items listed herein will be purchased exclusively from the successful offeror from the date of contract award through September 30, 2015. This contract extends only to the items used by the Food and Nutrition Service of the Buffalo, NY VA Medical Center. Any same or similar items supplied to the Veterans Canteen Service of the Buffalo VAMC are not subject to the terms and conditions of this contract. When responding to the solicitation, please ensure that the following sections have been completed in their entirety: Section B.2 SCHEDULE OF SUPPLIES/SERVICES, PRICES/COSTS - using either the matrix below or an Excel Spreadsheet. Section B.3.7 - Certifications Section B.3.8 - Inspection of Plants Section B.3.11 - Customer Service POC Failure to complete these sections will result in a proposal being deemed nonresponsive. Offers for furnishing the supplies or services in the Schedule will be received at the address specified in Block 9 of SF 1449, or if hand carried, to the address shown in block 15, until the date and time specified in Block 8. CAUTION - LATE Submissions, Modifications, and Withdrawals: See provision 52.212-1. All offers are subject to all terms and conditions of this solicitation. ELECTRONIC PROPOSALS ARE REQUIRED. All electronic proposals shall be e-mailed to edward.lyke@va.gov. SECTION B.2 - SCHEDULE OF SUPPLIES/SERVICES, PRICES/COSTS VA MEDICAL CENTER, BUFFALO, NY NUTRITION & FOOD SERVICE Base Period January 1, 2013 - September 30, 2013 DESCRIPTION1ST QTR EST QTY1ST QTR UNIT PRICE2ND QTR EST QTY2ND QTR UNIT PRICE3RD QTR EST QTY3RD QTR UNIT PRICE4TH QTR EST QTY4TH QTR UNIT PRICEYEARLY TOTAL PRICE MILK, SKIM CID A-A 20113, GROUP A, PASTEURIZED TYPE V, HOMOGENIZED, LESS THAN 0.5% MILKFAT WITH ADDED VITAMIN A AND NON-FAT MILK SOLIDS, HALF PINT CONTAINER 7750CO $N/A 7750CO $ 7750CO $ 7750CO $ $ MILK, SKIM CID A-A 20113, GROUP A, PASTEURIZED TYPE V, HOMOGENIZED, LESS THAN 0.5% MILKFAT WITH ADDED VITAMIN A AND NON-FAT MILK SOLIDS, 4 OZ CONTAINER 2500 CO $N/A 2500 CO $ 2500 CO $ 2500CO $ $ FLAVORED MILK, CHOCOLATE, HOMOGENIZED CID A-A 20113, GROUP C PASTEURIZED TYPE VI, ADCOP CLASS 2, CHOCOLATE FLAVORED MILK, LOWFAT, HALF PINT CONTAINER 250CO $N/A 250 CO $ 250CO $ 250CO $ $ MILK, - WHOLE MILK - HOMOGENIZED, CID A-A 20113, GROUP A, PASTEURIZED, ADCOP, VITAMINS A AND D ADDED, TYPE I, HALF PINT CONTAINER 2250 CO $N/A 2250 CO $ 2250 CO $ 2250 CO $ $ MILK, LOW FAT,CID A-A 20013, GROUP A, FRESH PASTEURIZED, HOMOGENIZED, 2% MAX MILKFAT, ADDED VITAMIN A, 1 GALLON CONTAINER 175 GL $N/A 175 GL $ 175 GL $ 175GL $ $ MILK, LOW FAT,CID A-A 20013, GROUP A, FRESH PASTEURIZED, HOMOGENIZED, 2% MAX MILKFAT, ADDED VITAMIN A, HALF-PINT CONTAINER 25250 CO $N/A 25250 CO $ 25250 CO $ 25250 CO $ $ MILK, LOW FAT,CID A-A 20013, GROUP A, FRESH PASTEURIZED, HOMOGENIZED, 2% MAX MILKFAT, ADDED VITAMIN A, 4 OZ CONTAINER 4000CO $N/A 4000 CO $ 4000 CO $ 4000 CO $ $ MILK-LACTAID-1/2 PINT300 CO $N/A130 CO $300 CO $300 CO $$ CREAM, SOUR HOMOGENIZED; CULTURED; 18.0% MIN. BUTTERFAT; PLAIN; 5 LB 5 CO $N/A 5 CO $ 5 CO $ 5 CO $ $ YOGURT, ASSORTED FLAVORS, CHILLED, 1% MILK FAT W/AB CULTURES, 8 OZ DISPOSABLE CONTAINER 1900 CO $N/A 1900 CO $ 1900 CO $ 1900 CO $ $ COTTAGE CHEESE, SMALLCURD, 5 LB CONTAINER35 EA $N/A35 EA$35 EA $35 EA$$ Sour Cream 5 lb9 EA$N/A9 EA$9 EA$9 EA$$ TOTAL: $ SPECIAL REQUIREMENTS BUFFALO, NY VA MEDICAL CENTER: "DELIVERY SHALL BE MADE MONDAY, WEDNESDAY, FRIDAY (DELIVERIES 3 TIMES PER WEEK) "DELIVERIES ACCEPTED BETWEEN THE HOURS OF 7:00 A.M. AND 10:00 A.M. AS ORDERED BY NUTRITION & FOOD SERVICE "DELIVERIES SHALL BE MADE TO NUTRITION & FOOD SERVICE MAIN KITCHEN "EXPIRATION DATE OF NOT FEWER THAN 10 DAYS FROM THE DATE OF DELIVERY SECTION B. 3 - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK B.3.1. DESCRIPTION OF SUBJECT WORK: The Contractor shall provide milk and dairy products to meet the highest customer service standards of the industry in support of the Buffalo VA Medical Center (VAMC). B.3.2. PROCEDURES FOR PROVIDING SERVICES: Contractor shall provide all necessary labor, material, equipment, supplies and supervision to provide milk and dairy items in accordance with the terms and conditions of this contract. B.3.3. DELIVERY ORDERS: A.VAMC personnel designated at time of award will place delivery orders. B.VAMC will issue individual delivery orders (purchase orders) for their service. Delivery orders will be picked up at time of delivery. Advance delivery orders will be issued for the first deliveries. B.3.4. DELIVERY: A.All items shall be delivered FOB Destination to the VAMC. B.All items delivered shall be in accordance with the latest Federal Hospital Subsistence Guide. C.All deliveries shall conform in every respect to the provisions of the Federal Food, Drug and Cosmetic Act and regulations promulgated there under. D.All milk and dairy items shall be labeled, packaged, and packed in commercially acceptable containers. E.Contractor shall not be required to deliver products on national holidays as listed below and any other day specifically declared by the President of the United States to be a national holiday: January 1New Year's Day 3rd Monday - JanuaryMartin Luther King, Jr. Day 3rd Monday - FebruaryPresident's Day Last Monday - MayMemorial Day July 4Independence Day 1st Monday - SeptemberLabor Day 2nd Monday - OctoberColumbus Day November 11Veteran's Day 4th Thursday - NovemberThanksgiving December 25thChristmas Day B.3.5. INSPECTION AND ACCEPTANCE: A.A point of contact from VAMC will be designated to accept or reject delivery as to quality and condition of milk and dairy items. Items rejected all or in part by the VAMC shall be removed from the premises within 48 hours of notification of rejection. B.Vendor-owned delivery trays, racks, wheeled carts, etc. shall be in clean condition at delivery time; if they are not, vendor personnel will be required to transfer bread products to government owned holding racks. Vendor-owned trays/racks, wheeled carts, etc. utilized in delivery will be held for pick-up by the vendor for reuse. C.Unless offeror certifies that acceptable inspection has been made (any agency of the Federal Government or the AIB International Department of Food Safety/Hygiene) a pre-award onsite evaluation of the offeror's facility will be made. This will include inspection and evaluation of the plant, personnel, equipment and processes, as applicable, of the prospective contractor and conditions found will be considered in award of the contract. The VAMC reserves the right to perform an inspection of the contractor's facility at any time during the contract period and, if it is found that the contractor is not complying with specifications, deliveries will be rejected and the items covered by this contract will be procured in the open market. Any excess cost occasioned by this action shall be charged against the contractor's account. 6.B.3.6 LABELING OF PRODUCT: A.As required in Section 4 of the United States Public Health Service Milk Ordinance Code, bottles, cans, packages and other containers enclosing milk shall be plainly labeled with grade of milk contained therein. 7.B.3.7 CERTIFICATIONS: A.In signing this solicitation, the bidder certifies that its company has received, prior to opening of bids, a pasteurized milk rating of 90% or more for the type of product the bidder proposes which will be in accordance with the specifications as found in the Federal Hospital Subsistence Guide. PASTEURIZED MILK RATING _______________ % DATE OF RATING _________________ STATE OF MILK SANITATION RATING AGENCY __________________________ IF RATED BY U.S. PUBLIC HEALTH SERVICE, INDICATE ____________________ B.Bidders are required to submit with their quote a CERTIFICATE from the local or State Health Department that all cattle from which milk is obtained have passed a satisfactory tuberculin test within one year previous to the date of contract; or that cattle from which milk is obtained are accredited herds as defined in the current requirements of the U.S. Public Health Service Milk Ordinance Code. C.A CERTIFICATE that all persons employed in pasteurizing and bottling plants from which the products are furnished have passed a satisfactory clinical and laboratory examination within one year previous of contract and are free from communicable diseases must also be furnished with the quote. B.3.8. INSPECTION OF PLANTS: A.An inspection may be made of the premises and employees of the bidders, prior to making an award and conditions found will be considered in awarding a contract. Inspection may also be made at any time during the life of the contract and, if it is found that the contractor is not complying with specifications, deliveries will be rejected and the products covered by this contract will be procured on the open market. Any excess cost occasioned by this action will be charged against the contractor account. ? THE BIDDER CERTIFIES THAT (CHECK ONE) "Within the past six months no inspection of the physical facilities of this plant has been conducted by any agency of the Federal Government. OR "An inspection of the physical facilities of the plant was conducted by the ____________________________agency on ___________________ and this plant was ACCEPTED/REJECTED for furnishing it's product to the Federal Government. B.3.9. DATE CODE: A.All milk and milk products shall bear a code date. This may be the code regularly used by the contractor or special code established for use on milk or milk products delivered to the Veterans Affairs Medical Centers. The successful bidder shall furnish necessary instructions for translation of the code. B.3.10. TEST: A.The Government reserves the right to perform tests at the VAMC for coli form organism. The methods of analysis and bacteriologist examinations to determine conformity with sanitary regulations and adherence to grade assignments shall be those set forth in the most recent edition of "Standard Methods for the Examination of Dairy Products" published by the American Health Association, 1970 Broadway Avenue, New York, NY. Such tests will be made by inoculating five tubes of brilliant green lactose bile, both a 1 ml of milk, cream or milk products. They will be inoculated at 35 degrees centigrade for 48 hours. If three or more of the five tubes show gas formation, sample is considered positive for coli form organisms. Milk, cream, or other milk products shall not be positive for these organisms more than once in samples taken five different days. B.3.11. CUSTOMER SERVICE POINT OF CONTACT: The Contractor shall provide a designated point of contact and toll free number (if applicable) for resolution of customer service problems to include at a minimum delivery of damaged or incorrect items. Contractor Point of Contact: _______________________________________________ (Name) ______________________________________________ (Title) ______________________________________________ (Telephone Number) ______________________________________________ (Fax Number) ______________________________________________ (E-mail Address) SECTION B.4 - CONTRACT ADMINISTRATION B.4.1. DEFINITIONS/ACRONYMS: A. CO - Contracting Officer B. COR - Contracting Officer's Representative C. VA - Department of Veterans Affairs D. VAMC - Buffalo VA Medical Center B.4.2. DELIVERY LOCATION: BUFFALO VA MEDICAL CENTER 3495 BAILEY AVE. BUFFALO, NY 14215 B.4.3. INVOICES: A. Invoices shall be issued to the VA Financial Service Center and to the Chief, Nutrition and Food Service. Invoices shall be identified with proper delivery order number (purchase order number) and shall reflect all deliveries made against the delivery order. End of the month deliveries shall not be billed against the following month delivery order. B. Invoices shall be submitted weekly and shall include the following per FAR Clause 52.212-4(g): (i)Contractor's business name and address (ii)Contractor's Tax Identification Number (TIN) (iii)Invoice date (iv)Date(s) of services provided (v)Contract number (vi)Total amount billed (vii)Purchase Order number NOTE: Failure to include the above information may result in delay of payment. Invoices will be returned to the Contractor for completion if there are any omissions. B.4.4. PAYMENT: The preferred method of payment shall be Government Commercial Purchase Card and the Contractor shall be capable of accepting it for payment. ? B.4.5. CONTRACT ADMINISTRATION: A.The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract on behalf of the Government. B.In the event the Contractor affects any change(s) at the direction of any person other than the Contracting Officer, that change shall be considered to have been made without authority and no adjustment in price shall be made in the contract to cover any increase in charges incurred as a result thereof. C.The Contractor shall submit all requests for modification of this contract and any inquiries pertaining to the administration of the contract to the Contracting Officer in writing at: Department of Veterans Affairs Network Contracting Office 2 ATTN: Edward Lyke Argonne Avenue, Bldg 41 Bath, NY 14810 Edward.lyke@va.gov B.4.6. DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE (COTR): A. The following individual has been designated as the Contracting Officer's Representative (COR) to monitor and certify receipt of services rendered under this contract: Nutrition & Food Service: Julie Hockenberry (716) 862-6337 Julie.Hockenberry@va.gov B. The COTR has the following scope and limitations of authority: (i)Place orders for supplies/services not to exceed those required under this contract. (ii)Certify acceptance of supplies/services received in accordance with the contract requirements. (iii)Furnish technical guidance and advice, and monitor services performed under the contract. (iv)Report any deficiencies in performance, quality of supplies/service, safety practices and questions on contract performance or suspensions of work to the Contracting Officer. C.This delegation of authority does not include any authority to make changes in quantity, quality and delivery. The Contracting Officer acting within the scope of his/her authority will make all changes to the contract. D.This delegation of authority will expire upon completion of the contract or unless sooner revoked in writing by the Contracting Officer, but in any case, will not extend beyond the contract period. NOTE: Offerors acknowledge the Contracting Officer's Representative delegation by signature of the solicitation document. B.4.7. AUTHORITIES OF GOVERNMENT PERSONNEL: Notwithstanding the Contractor's responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor. All communications pertaining to contractual or administrative matters under this contract shall be addressed to: Department of Veterans Affairs Network Contracting Office 2 ATTN: Edward Lyke Argonne Avenue, Bldg 41 Bath, NY 14810 Edward.lyke@va.gov All communications pertaining to technical matters under this contract shall be addressed to the Contracting Officer's Representative: Julie Hockenberry (716) 862-6337 Julie.Hockenberry@va.gov SECTION C - CONTRACT CLAUSES C.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JUN 2014) (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) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). [] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(41 U.S.C. 3509). [] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) [X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). [] (5) [Reserved] [] (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C). [] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L. 111-117, section 743 of Div. C). [X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note). [] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). [] (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). [] (11) 52.219-3, Notice of HUBZone Set-Aside or Sole Source Award (NOV 2011) (15 U.S.C. 657a). [X] (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). [] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644). [] (ii) Alternate I (NOV 2011). [] (iii) Alternate II (NOV 2011). [] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). [] (ii) Alternate I (Oct 1995) of 52.219-7. [] (iii) Alternate II (Mar 2004) of 52.219-7. [] (16) 52.219-8, Utilization of Small Business Concerns (MAY 2014) (15 U.S.C. 637(d)(2) and (3). [] (17)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (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. [] (iv) Alternate III (JUL 2010) of 52.219-9. [] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)). [] (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)). [] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). [] (21)(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. [] (22) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). [] (23) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). [] (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f). [X] (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)). [] (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). [] (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). [X] (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755). [X] (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2014) (E.O. 13126). [X] (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). [X] (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). [X] (32) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212). [X] (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). [X] (34) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). [] (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). [] (36) 52.222-54, Employment Eligibility Verification (AUG 2013). (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.) [] (37)(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.) [] (38)(i) 52.223-13, Acquisition of EPEAT ®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). [] (ii) Alternate I (JUN 2014) of 52.223-13. [] (39)(i) 52.223-14, Acquisition of EPEAT ®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514). [] (ii) Alternate I (JUN 2014) of 52.223-14. [] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b). [] (41)(i) 52.223-16, Acquisition of EPEAT ®-Registered Personal Computer Products (JUN 2014) (E.O.s 13423 and 13514). [] (ii) Alternate I (JUN 2014) of 52.223-16. [X] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [X] (43) 52.225-1, Buy American-Supplies (MAY 2014) (41 U.S.C. chapter 83). [] (44)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. [] (ii) Alternate I (MAY 2014) of 52.225-3. [] (iii) Alternate II (MAY 2014) of 52.225-3. [] (iv) Alternate III (MAY 2014) of 52.225-3. [] (45) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [X] (46) 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). [] (47) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). [] (48) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). [] (49) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). [] (50) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). [] (51) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). [] (52) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). [X] (53) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). [] (54) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). [] (55) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). [] (56)(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: [] (1) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). [] (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). [] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (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). [] (7) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). [X] (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). [] (9) 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 (APR 2010) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (MAY 2014) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). (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 Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67). (xi) 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). (xii) 52.222-54, Employment Eligibility Verification (AUG 2013). (xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xv) 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) SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS SECTION E - SOLICITATION PROVISIONS E.1 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 capability Past performance Price Technical and past performance, when combined, are more important than 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. (End of Provision)
 

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