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FBO DAILY - FEDBIZOPPS ISSUE OF OCTOBER 16, 2014 FBO #4709
DOCUMENT

H -- WIC VAMC, MEDICAL PHYSICS SERVICES 589-15-1-4731-0010 - Attachment

Notice Date

10/14/2014
 

Notice Type

Attachment
 

NAICS

541380 — Testing Laboratories
 

Contracting Office

Department of Veterans Affairs;Network Contracting Office (NCO) 15;3450 S 4th Street;Leavenworth KS 66048
 

ZIP Code

66048
 

Solicitation Number

VA25515Q0005
 

Response Due

11/6/2014
 

Archive Date

1/5/2015
 

Point of Contact

David R. Cogburn
 

E-Mail Address

.
 

Small Business Set-Aside

N/A
 

Description

SECTION A A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS Table of Contents SECTION A1 A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS1 SECTION B - CONTINUATION OF SF 1449 BLOCKS3 B.1 CONTRACT ADMINISTRATION DATA3 B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)4 B.3 PERFORMANCE STATEMENT OF WORK ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦.4 SECTION C - CONTRACT CLAUSES12 C.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JUN 2014)12 C.2 52.222-48 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO CONTRACTS FOR MAINTENANCE, CALIBRATION, OR REPAIR OF CERTAIN EQUIPMENT-CERTIFICATION (MAY 2014)18 C.3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)19 SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS20 SECTION E - SOLICITATION PROVISIONS21 E.1 52.212-2 EVALUATION-COMMERCIAL ITEMS (JAN 1999)21 SECTION B - CONTINUATION OF SF 1449 BLOCKS B.1 CONTRACT ADMINISTRATION DATA (continuation from Standard Form 1449, block 18A.) 1. Contract Administration: All contract administration matters will be handled by the following individuals: a. CONTRACTOR: b. GOVERNMENT: Contracting Officer 00255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Leavenworth KS 66048 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 System For Award Management, or []52.232-36, Payment by Third Party 3. INVOICES: Invoices shall be submitted in arrears: a. Quarterly[X] b. Semi-Annually[] c. Other[] 4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests. Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp Austin TX ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows: AMENDMENT NODATE B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011) This solicitation includes. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an "Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement" to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement. (End of Clause) B.3 PERFORMANCE STATEMENT OF WORK Provide the below listed services for the Robert J. Dole Medical Center, 5500 East Kellogg, Wichita, KS 67218. The services listed below will be provided by a qualified Medical Physicist. The Physicist will visit the facility for whatever length of time is necessary for the performance of these services. The tests will be performed to help ensure compliance with applicable Federal, State, and JCAHO regulations and guidelines. All tests will be documented in a formal report and submitted within two weeks of completion of the work. 1.Preparation of drafts for State radioactive materials license applications and amendment letters. 2.Calibration of the following instrumentation: a.Quarterly calibration of the dose calibrator for linearity and accuracy. Geometrical variation will be done after repair or replacement. b.Quarterly E-dial resolution checks (full width half maximum) and Chi-square measurements on all probe devices and well counters. c.Quarterly review of daily floods and weekly bar phantom resolution checks. d.Annual calibration of survey meters and quarterly instruments check to verify proper operation. e.Annual efficiency determination for well/uptake systems used for routine wipe test evaluations. 3.Quarterly checks of all records and surveys (dosimeters, disposition records, waste disposal, floods, etc.) as required for compliance with federal and state regulations and accreditation standards. 4.Quarterly review of the Quality Management program for completeness and accuracy. Annual summary report will be presented to the Radiation Safety Committee. 5.Provide an annual ALARA summary to the RSO. Annual summary will be presented to the Radiation Safety Committee. 6.Provide annual review of Radiation Safety Program. Annual summary to be presented to the Radiation Safety Committee. 7.Provide in-service program for radiation workers as required by federal, state and certifying boards for continuing education standards. 8.Perform semi-annual leak test and inventories as necessary for all sealed sources. 9.Items 4-6 listed above do not require the contractor to appear or participate at the Radiation Safety Committee meeting. Only one original signed hard copy of each report is required to be provided to the RSO. 10.Provide health physics support in all phases of the radiation protection program as required by 1OD-91. 11.Provide procedures and training to Emergency Department personnel for the acceptance of radiation accident cases should it be necessary to receive this type of patient. 12.Provide dosimetry/fetal dose calculations. 13.Provide emergency evacuation times for those areas where ventilation studies are performed. MEDICAL PHYSICS SERVICES FOR DIAGNOSTIC RADIOLOGY (Annual Visit Program) The services below will be provided by a qualified Medical Physicist on an annual basis. The Physicist will visit the facility for whatever length of time is necessary for the performance of these services. BRH, NCRP, JCAHO, and state guidelines will be used in the performance of these tests. 1.Determine x-ray beam, light beam alignment for radiographic and fluorographic units. 2.Measure the table top or patient entrance dose on all fluoroscopy units. Measure photo- timed spot film exposure when possible. 3.Measure the tub head leakage (radiographic units) and/or under table scatter (fluoro units) 4.Perform a radiation scatter survey. 5.Visual inspection of cables, operator's booth requirements, meters, and switches. 6.Determine the half-value layer on all radiographic and fluorographic tubes. 7.Perform mAs linearity and exposure/timer reproducibility checks on radiographic units. Photo-timed reproducibility will be checked on those units equipped with photo-timing. 8.Measure the exposure in air under fixed and photo-timed conditions where possible on all radiographic equipment. 9.Perform kVp calibration check using non-invasive measurements. 10.Determine fluoro focus and resolution. 11.C-Arm units will be checked in both radiographic and fluoro modes. The following services are included in the annual program/cost: 1.Perform evaluation of all film badge records. 2.Supply patient radiation exposure charts for radiographic and fluorographic units. 3.Review/provide radiation safety policies and procedures. The following services are not included in the annual program cost: 1.Specialized dosimetry/fetal dose calculations. 2.Facility design/shielding calculations. 3.Acceptance testing of new equipment. ? MEDICAL PHYSICS SERVICES FOR CT UNITS (Annual Visit) The services below will be provided by a qualified Medical Physicist on an annual basis. The tests will be performed to help ensure compliance with applicable State, Federal, and JCAHO regulations and guidelines. The Physicist will visit the facility for whatever length of time is necessary for the performance of these tests. I.Measure the CT does profile for a head and body phantom at 10, 5, and 3 mm slices at the commonly used kVs. 2.Calculate CT does indexes for the common exams performed on the scanner. 3.Determine the high and low contrast resolution at 10, 5, and 3 mm slice thickness. 4.Evaluate image uniformity for any rings and artifacts. 5.Measure CT numbers for water, high contrast insert, and low contrast insert to monitor image noise. 6.Measure slice thickness accuracy for 10, 5 and 3 mm thick slices. 7.Check internal and external light positioning accuracy. 8.Check slide location/light alignment. 9.Perform a radiation scatter survey inside the scanner room, inside control booth and in the surrounding area to insure the radiation safety of personnel in the area. 10.Review the facility quality control program for compliance with JCAHO and State requirements. ? Equipment List DescriptionMFG/Model No.Serial No.Entry No.LocationWarranty Digital Diagnost VM9890-010-83901 PHILIPS070225786610153F-1-WlN/A C-ARM OEC 9900 ELITE FLUOROSCOPIC MOBILE SYSOEC 9900 ELITEES1299117450247-26-WIN/A C-ARM OEC 9900 ELITE FLUOROSCOPIC MOBILE SYSOEC 9900 ELITEE2057699604226-34-WIN/A C-ARM OEC 9900 ELITE FLUOROSCOPIC MOBILE SYSOEC 9900 ELITEE23812153043002-34-WINov. 13, 2015 C-ARM OEC 9900 ELITE FLUOROSCOPIC MOBILE SYSOEC 9900 ELITEE23813153044002-34-WINov. 13, 2015 AMX 4 PLUS MOBILE RADIOGRAPHIC SYSTEMAMX-4+ GE1009611WK382151133-1-WIN/A W-SCANNING SYSTEMS: CTPHILIPS BRILLIANCE 64 SLICE 916277836111-1-WIN/A W-R/F SYSTEMS: GENERAL-PURPOSEPHILIPS MULTIDIAGNOST ELEVA 7083272533153D-1-WlN/A W-RADIOGRAPHIC UNITS: DENTALKODAK 8000VEXX07088061103-1-WIN/A W-RADIOGRAPHIC UNITS: DENTALEASTMAN KODAK CS 2200UEYB03088063117-19-WIN/A W-RADIOGRAPHIC UNITS: DENTALEASTMAN KODAK CS 2200UEYB03188064119-19-WIN/A W-RADIOGRAPHIC UNITS: DENTALEASTMAN KODAK CS 2200UEYB03288065118-19-WIN/A W-RADIOGRAPHIC UNITS: DENTALEASTMAN KODAK CS 2200UEYB03388066103-1-WIN/A W-RADIOGRAPHIC UNITS: DENTALEASTMAN KODAK CS 2200UEYB02988062121-19-WIN/A W-SCANNING SYSTEMS: GAMMAADAC SKYLIGHTK0306004257326106-19-WIN/A W-DOSIMETERS: RADIATIONBIODEX 086-250454910778915104-19-WIN/A W-R/F SYSTEMS: CARDIOVASCGE MEDICAL INNOVA 3100-IQ316651INNOVA 310078393218-2-WIN/A W-R/F SYSTEMS: CARDIOVASCGE MEDICAL INNOVA 4100-IQ316651INNOVA 410078373216-2-WIN/A CLINBASE PERIOD: 01 Nov. 2014 thru 31 OCT. 2015 UnitUnit CostTotal Annual Cost 0001Medical Physics Services for Nuclear Medicine QTR $ $ 0002Medical Physics Services for Diagnostic Radiology QTR $ $ 0003 Medical Physics Services for CT Units QTR $ $ 0004Annual Physics ServicesYEAR $ $ OPTION YEAR l: 01 NOV. 2015 thru 31 OCT. 2016 1001Medical Physics Services for Nuclear Medicine QTR $ $ 1002Medical Physics Services for Diagnostic Radiology QTR $ $ 1003 Medical Physics Services for CT Units QTR $ $ 1004Annual Physics ServicesYEAR $ $ OPTION YEAR II: 01 NOV. 2016 thru 31 OCT. 2017 2001Medical Physics Services for Nuclear Medicine QTR $$ 2002Medical Physics Services for Diagnostic Radiology QTR $$ 2003 Medical Physics Services for CT Units QTR $$ 2004Annual Physics ServicesYEAR $$ OPTION YEAR III: 01 NOV. 2017 thru 31 OCT 2018 3001Medical Physics Services for Nuclear Medicine QTR $$ 3002Medical Physics Services for Diagnostic Radiology QTR $$ 3003 Medical Physics Services for CT Units QTR $$ 3004Annual Physics ServicesYEAR $$ OPTION YEAR IV: 01 NOV. 2018 thru 31 OCT 2019 4001Medical Physics Services for Nuclear Medicine QTR $$ 4002Medical Physics Services for Diagnostic Radiology QTR $$ 4003 Medical Physics Services for CT Units QTR $$ 4004Annual Physics ServicesYEAR $$ Total Costs of Award: $ 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). [] (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] [X] (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). [] (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) [] (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). [] (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) C.2 52.222-48 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO CONTRACTS FOR MAINTENANCE, CALIBRATION, OR REPAIR OF CERTAIN EQUIPMENT-CERTIFICATION (MAY 2014) (a) The offeror shall check the following certification: CERTIFICATION The offeror [ ] does [ ] does not certify that- (1) The items of equipment to be serviced under this contract are used regularly for other than Government purposes, and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontractor) in substantial quantities to the general public in the course of normal business operations; (2) The services will be furnished at prices which are, or are based on, established catalog or market prices for the maintenance, calibration, or repair of equipment. (i) An "established catalog price" is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the offeror, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public. (ii) An "established market price" is a current price, established in the usual course of trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or offeror; and (3) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract are the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. (b) Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services. If the offeror certifies to the conditions in paragraph (a) of this provision, and the Contracting Officer determines in accordance with FAR 22.1003-4(c)(3) that the Service Contract Labor Standards- (1) Will not apply to this offeror, then the Service Contract Labor Standards clause in this solicitation will not be included in any resultant contract to this offeror; or (2) Will apply to this offeror, then the clause at 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements, in this solicitation will not be included in any resultant contract awarded to this offeror, and the offeror may be provided an opportunity to submit a new offer on that basis. (c) If the offeror does not certify to the conditions in paragraph (a) of this provision- (1) The clause in this solicitation at 52.222-51, Exemption fromApplication of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements, will not be included in any resultant contract awarded to this offeror; and (2) The offeror shall notify the Contracting Officer as soon as possible, if the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation. (d) The Contracting Officer may not make an award to the offeror, if the offeror fails to execute the certification in paragraph (a) of this provision or to contact the Contracting Officer as required in paragraph (c) of this provision. (End of Provision) C.3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/ FAR NumberTitleDate 52.212-4CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMSMAY 2014 52.217-8OPTION TO EXTEND SERVICESNOV 1999 52.217-9OPTION TO EXTEND THE TERM OF THE CONTRACTMAR 2000 52.232-18AVAILABILITY OF FUNDSAPR 1984 52.228-5INSURANCE-WORK ON A GOVERNMENT INSTALLATIONJAN 1997 852.203-70COMMERCIAL ADVERTISINGJAN 2008 852.203-71DISPLAY OF DEPARTMENT OF VETERANS AFFAIRS HOTLINE POSTERDEC 1992 852.237-70CONTRACTOR RESPONSIBILITIESAPR 1984 852.271-70NONDISCRIMINATION IN SERVICES PROVIDED TO BENEFICIARIES (End of Clause)JAN 2008 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 Capabioity Past Performance Quality Assurance Price Technical and past performance, when combined, are as equal as 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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File Name: VA255-15-Q-0005 VA255-15-Q-0005_1.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=1679526&FileName=VA255-15-Q-0005-000.docx)

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Record

SN03549503-W 20141016/141014234236-5b672f59f3c1aa8703d2fd09d18b594a (fbodaily.com)
 

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