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FBO DAILY - FEDBIZOPPS ISSUE OF OCTOBER 04, 2015 FBO #5063
DOCUMENT

69 -- VA248-15-AP-10086 Wolters Kluwer Health (Lippincott) - Attachment

Notice Date

10/2/2015
 

Notice Type

Attachment
 

NAICS

511120 — Periodical Publishers
 

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

VA24816Q0005
 

Response Due

10/6/2015
 

Archive Date

11/5/2015
 

Point of Contact

janice.fornaro@va.gov
 

E-Mail Address

janice.fornaro@va.gov
(janice.fornaro@va.gov)
 

Small Business Set-Aside

N/A
 

Description

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This solicitation is issued as a solicitation number VA248-16-Q-0005 in accordance with FAR Parts 12 &13 and is issued as a Request for Quotes. This solicitation document and incorporated provisions and clauses effect through Federal Acquisition Circular 2005-82. The start 10/2/2015 and will end 10/06/2015 at 15:00 pm EST and is unrestricted. No telephone requests will be accepted. Only written requests received directly from requester are acceptable. It is the Offerors responsibility to ensure that quote is received. The applicable North American Industry Classification System Code (NAICS) is 511120 Advertising periodical publishers; the size standard is 500 employees. All responsible sources may submit a quote, which if received timely, will be considered by the NCO8 Contracting Office Bay Pines. The government bares no legal liability for bid cost associated with this request for quote. Vendors should not submit a quote unless they are willing to absorb all cost associated with submitting a quote. Quotes submitted with used, reconditioned, refurbished, gray market, or liquidated stock will not be considered for award. Please read and comply with all requirements for submitting a quote. Please note: Failure to comply with all instructions contained within this Synopsis/Solicitation could result in the quote being ineligible for award. It is the offeror's responsibility to ensure their quote meets all the requirements identified herein. ITEM DESCRIPTION: Bay Pines VA Healthcare System has a requirement for a renewal subscription to Lippincott Nursing Advisor and Lippincott's Procedures and Skills. Alternative product quotes are being accepted provided the items meet statement of work specified by this solicitation. Items and quantities follows: ITEM #DESCRIPTIONQUANTITYUNITE PRICE 0001Renewal Subscription LIPPINCOTT'S NURSING PROCEDURES Contract Period: Base POP Begin: 10-07-2015 POP End: 10-06-20161.00 YR 0002Renewal Subscription LIPPINCOTT'S NURSING ADVISOR Contract Period: Base POP Begin: 10-07-2015 POP End: 10-06-20161.00 YR 1001Renewal Subscription LIPPINCOTT'S NURSING PROCEDURES Contract Period: Option 1 POP Begin: 10-07-2016 POP End: 10-06-20171.00 YR 1002Renewal Subscription to LIPPINCOTT'S NURSING ADVISOR Contract Period: Option 1 POP Begin: 10-07-2016 POP End: 10-06-20171.00 YR 2001Subscription Renewal of LIPPINCOTT'S NURSING PROCEDURES Contract Period: Option 2 POP Begin: 10-07-2017 POP End: 10-06-20181.00 YR 2002Subscription Renewal of LIPPINCOTT'S NURSING ADVISOR Contract Period: Option 2 POP Begin: 10-07-2017 POP End: 10-06-20181.00 YR 3001Subscription Renewal of LIPPINCOTT'S NURSING PROCEDURES Contract Period: Option 3 POP Begin: 10-07-2018 POP End: 10-06-20191.00 YR 3002Subscription Renewal of LIPPINCOTT'S NURSING ADVISOR Contract Period: Option 3 POP Begin: 10-07-2018 POP End: 10-06-2019 1.00 YR 4001Renewal Subscription LIPPINCOTT'S NURSING PROCEDURES Contract Period: Option 4 POP Begin: 10-07-2019 POP End: 10-06-20201.00 YR 4002Subscription Renewal LIPPINCOTT'S NURSING ADVISOR Contract Period: Option 4 POP Begin: 10-07-2019 POP End: 10-06-20201.00 YR GRAND TOTOAL The System should equal to or better than following specifications: STATEMENT OF WORK 1. Title of Project: Renewal of Online access to Lippincott's Nursing Procedures and Skills and Lippincott's Nursing Advisor created by Wolters Kluwer/Lippincott Williams & Wilkins. 2. Scope of Work: To provide access to this electronic resource to the staff of the hospital. 3. Background: The program needs to be internet-based. 4. Performance Period: An annual contract, October to September. 5. Type of Contract: A firm-fixed-price on-line subscription contract to include a base year and four option years. B. CONTRACT AWARD MEETING No meeting is required; renewal of product that is unique to libraries C. GENERAL REQUIREMENTS a.Internet based b.Unlimited online storage c.No maintenance fees d.Continually updated at no charge D. SPECIFIC MANDATORY TASKS AND ASSOCIATED DELIVERABLES Procedures and Skills Lippincott Procedures is an online point-of-care reference and training product from Lippincott Williams & Wilkins. This next generation of the classic Procedures product offers many added benefits. "Powerful search capability by keyword or category for more than 3,000 entries and 1,600 procedures and skills. "Coverage of medical/surgical, critical care, maternal-neonatal, pediatric, psychiatric, emergency, and perioperative specialties. "Evidence-based references ranked by Melnyk's Rating System for the Hierarchy of Evidence Links to more in-depth information such as abstracts, full text articles, and research from such sources as PubMed and your organization's library. "Customizable by adding notes or personalized checklists for your own organization's protocols, procedures, drug updates and other important information "Integrated search between Lippincott Procedures and Lippincott Advisor (for subscribers of both products) allowing users to view a procedure and quickly jump to the related patient teaching handout, disease, or drug. "Content is continually updated by clinical nurses to reflect the most current evidence and practice standard "Clinical procedure and skills online tutorial available 24 hours a day, 7 days a week "Over 1600 nursing evidence-based procedures and skills with detailed, step-by-step instructions in a variety of specialty settings. "Skills checklists, which help train and evaluate staff against established standards "Question and Answer competency tests "Hundreds of video clips "All skills, checklists and tests are fully customizable to allow facility to create training that reflects the hospital's practices. "Provides nurses with accurate, up-to-date information at the point-of-care, delivers solutions that work for users with varying computer experience, ensures that your organization's procedures are documented and available to all nurses at all times, and enables efficient tracking of orientation and training. "Created by nurses for nurses. Every procedure in Lippincott Procedures has been written and validated by a practicing nurse expert in the field and is formulated on the most recent, evidence-based standards of patient care. "The product is updated as needed to reflect changes in current clinical guidelines and standards for nursing. All procedures are reviewed for updates at least annually on a rolling basis. "Current content including adherence to the most current standards and guidelines set by The Joint Commission, Intravenous Nursing Society, American Heart Association, American Blood Bank, American Associate of Critical-Care Nurses, and other leading nursing and healthcare organizations. "Current references within 3 to 5 years except for legacy references. Reference review also includes appropriateness of the references to the content. "Current images and photos. "Relevance, timeliness and completeness of the procedures. " Online, on-demand training is offered to customers. "Procedures, checklists, quick lists, and competency tests can be edited and customized to reflect your needs. There is no limit to the number of customized procedures you can add to Lippincott Procedures. This feature also includes an audit trail for tracking the author and date of all changes made. "The Administration Tools contain an option to add your institution's name and upload a logo. The name of your institution will appear on the upper left hand corner of the screen. The logo will appear on custom procedures when you print them out. "Can upload.jpg and.gif files no larger than 500 KB and flash videos less than 10 MB in size. "Administrators can use the "Reinstate Procedure" button to retrieve any standard procedure that has been deleted. However, custom procedures that have been deleted must be entered again. "Can cut and paste charts and graphs from Microsoft Office software into Lippincott Procedures "From within the Procedures tab in the Administration Tools, users have the option to view a list of all procedures with notes, all standard procedures, all draft procedures, and all custom procedures. Additionally, every procedure that has a note will have a blue or red "N" icon behind it. A blue "N" icon indicates a note and a red "N" icon indicates a critical note. "Managers can email skills checklists associated with a procedure to a specific staff nurse who is being asked to demonstrate competency of that skill. They simply use the email icon in the upper right hand corner of the screen from within the specific checklist. Administrators can record the outcome. However, there is no automated way for Lippincott Procedures to notify users when they have been assigned a skill. "Can convert your Excel file to a comma separated value file (CSV) and import it. "Procedures with video clips have audio. "Customize Nursing and Clinical categories. Categories are classified as "Standard" or "Custom." "Can search across both Lippincott Procedures and Lippincott Advisor simultaneously. "Ovid subscriptions may request linking between Lippincott Procedures and subscribed to Ovid journals, enabling them to view the full text of the articles cited as references in Lippincott Procedures. "24/7 technical assistance available. "Promotes outstanding clinical care and best practice that keep nurses prepared for reviews and unannounced site surveys. "Has current Up-to-Date Lippincott subscription for physicians. Advisor Lippincott Advisor is a clinical online reference tool available 24 hours a day, 7 days a week. It is made up of an expanding collection of over 3,000 evidence-based entries covering diagnostic tests, diseases, treatments, signs and symptoms, drugs, patient education and handouts, nursing care plans, references, images, guidelines, and more. It is a point-of-care virtual library developed specifically for nurses. "Ability to access more than 3,000 sources that address the majority of information nurses need at the point of care without reviewing an extended list of books and articles. " No need to search through lengthy textbook articles or voluminous Internet search returns to find the relevant information. "Consistent use of terms across all topic areas employing the most medically acceptable terminology. "Choose the specific information needed from a list of topics presented by category such as diseases, drugs, or diagnostic tests. "Enter a search term that returns a specific topic or results ordered by relevance. "Quickly scroll through information presented. "Follow a link to a specific section of the topic Follow links to related content (such as drug information, associated diseases, treatments and signs and symptoms). "Click to search on any word or content. "Evidence-based references are provided to support all the diseases, diagnostic tests, and treatments. "Ability to add protocols or notes to existing disease, diagnostic test, treatment, sign and symptom, and drug topics as well as add new ones. "Includes MedFacts Medication Patient Handouts. "Can be accessed from Lippincott Procedures as a separate browser window. A link is visible on the Lippincott Procedures menu bar for customers that have purchased Lippincott Advisor. "Ovid subscriptions links between Lippincott Advisor and subscribed to OVID journals, enabling them to view the full text of the articles cited as references in Lippincott Advisor. "Weekly drug updates are provided. Disease and Treatment information is updated annually based on a rolling quarterly review process. Signs and Symptoms and Diagnostic Test information is updated every 3 years. MedFacts Patient Handouts are updated quarterly. Critical content changes are made as needed. "Can search across both Lippincott Procedures and Lippincott Advisor simultaneously. "Enables your nurses to practice autonomously in any unit at any time by building confidence in their decisions through delivery of quick, relevant and authoritative answers within their workflow. "Contributes a conduit to integrate a culture of evidence-based best practice into your institution's framework. "Makes appropriate patient teaching readily available at all times with patient education for every entry. "Provides a tool for patient care planning. "Ensures staff is referencing the same content at all times. With staff trained on both products, they have the ability to cross reference both products. Only one other product is comparable, Elsevier's Mosby Nursing Skills which we already have, which the Library Network Office is now supplying to all VA facilities. A major reason why our nursing staff wants to stay with Lippincott is the time saved by knowing, accepting and approving the 1400 "Lippincott Standard Procedures" list. This approved list allows nursing staff to take expert care of patients at the bedside immediately. Procedures and Advisor is a point-of-care database. The content creation is evidenced-based, peer-reviewed, and current. Procedures offers a full series of behavioral health procedures. Procedures are updated annually. All procedures have the evidence-based references cited at the end of the procedure. Multiple references are used versus only on textbook source like Mosby's. Procedures offers a full election in all the specialty areas needed to practice in a hospital setting. User testing demonstrates that the name of LWW sections and the tabs used to navigate LWW product are very user-friendly and intuitive. Procedures clearly focuses on quick point of care access by helping the nurse get in, get the information he/she needs, and get out without a lot of unnecessary scanning which is detrimental to the care of the patient. The procedure view in Procedures can be customized based on the elements the customer want to view or print (i.e. equipment, implementation, etc.). Procedures offers quicker and more accurate searching with advanced search functionality. Since this is a point-of-care; evidence based database it helps nurses and other clinical staff make life and death decisions with the patient population. Lippincott has also partnered with Joint Commission Resources publishing group who will help edit specific Lippincott Nursing Solution content as this is not the case with Mosby. E. EVALUATED OPTIONAL FEATURES Hosted on a web platform. F. SCHEDULE FOR DELIVERABLES Program will be made available as soon as purchase is completed. G. CHANGES TO THE STATEMENT OF WORK Since this is a fixed price for a specific off-the-shelf product, no changes will be needed. H. REPORTING REQUIREMENTS Any questions or issues are addressed by the vendor within 8 hours of notification. I. TRAVEL No travel is needed or required. J. GOVERNMENT RESPONSIBILITIES Government will not need to furnish any materials/equipment, as employees will use already-acquired hospital computers. Staff and veterans may also access the catalog from home or other locations from any Internet-ready computer. K. CONTRACTOR EXPERIENCE REQUIREMENTS Qualifications of Key Personnel (Standard mandatory language for all task orders) Because this is an off-the-shelf product and qualifications of key personnel have already been established and made available online, no approval/rejection of key personnel is needed or necessary. Time and Materials Task Orders N/A Firm-Fixed-Price Task Orders This is a firm fixed price. No particular level of expertise, other than already specified, is required. The contractor assumes all risk to provide the specified deliverable by the due date, with the proposed technical team, or may be charged liquidated damages. L. CONFIDENTIALITY AND NONDISCLOSURE No sensitive information will be held or exchanged. No access to VA information or equipment is needed. M. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS None needed. The following Federal Acquisition Regulation (FAR) and Veterans Affairs Acquisition Regulation (VAAR) provisions and clauses are applicable to this acquisition and are available for view at: http://www.acquisition.gov/far/index.html http://www.va.gov/oamm/oa/ars/policyreg/vaar/index.cfm The following Federal Acquisition Regulation (FAR) clauses apply to this combined synopsis/solicitation and offerors must comply with all instructions contained in FAR 52.212-1, Instructions to Offerors--Commercial Items, addenda applies: The contractor shall submit their quote on company letterhead to include the following: solicitation number, contact name, address, telephone number of the offeror, unit price, extended price, any discount terms, delivery terms, cage code, DUNS number, technical (descriptive/specification literature), tax identification number, size of business, and standard warranty information. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. Descriptive/Specification literature must contain adequate information to judge if products meet or exceed the characteristics supplied in the solicitation. Quotes and descriptive literature information must be received no later than 15:00 pm Eastern Standard Time (EST), 06 October 2015. Please submit quotes by e-mail to the attention of Janice Fornaro, Contract Specialist at 727-399-3336, email address janice.fornaro@va.gov a. To assure timely and equitable evaluation of the proposal, the offeror must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The response shall consist of three (3) separate parts; Part I - Price, Part II- Statement of work - Descriptive/Specification Literature, and Part III - Contract Documentation (Representation and Certification). b. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer's opinion, adequate price competition exists no additional cost information will be requested. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; offerors may be required to submit information to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price. c. Specific Instructions: 1. PART I - PRICE PROPOSAL - Submit on company letterhead the unit price for each line item to include extended price with an overall total price. Pricing must include unit price set up/installation and onsite training. 2. PART II - SALIENT CHARACTERISTIC/DESCRIPTIVE LITERATURE - Quoters must submit salient characteristic information (Descriptive literature/specifications) that adequately demonstrates their quote meets the statement of work requirement in contract line items of this solicitation. A general statement of compliance or restatement of the statement of work is insufficient. The Contracting Officer is not responsible for locating or obtaining any information not identified in the quote and literature. If a vendor cannot comply with every requirement that quote will not be considered. 3. Part III - CONTRACT DOCUMENTATION (Representation and Certification). a. The provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (Mar 2015) and its Alternate I (Alt I) (Oct 2014) must be completed. Offerors are highly encouraged to complete all representations and certifications electronically online at: (http://orca.bpn.gov/publicsearch.aspx). If not completed online, 52.212-3 Alt I shall be completed in hard copy and submitted with quote, which this provision is included within this solicitation. Subject provisions are available at http://farsite.hill.af.mil. b. Price quotes must be Firm-Fixed Price and include a base plus four option years. Delivery is required no later than 6 days after receipt of order (ARO). c. The System for Award Management (SAM), contractors must be registered with SAM to conduct business with the Department of Defense. No purchase order can be awarded to any company without this registration (www.sam.gov). d. Provide a written statement that the offeror's quote incorporates all amendments to the solicitation (if applicable). The provision at FAR 52.212-2, Evaluation--Commercial Items apply to this acquisition: 52.212-2 Evaluation - Commercial Items (Oct 2014) 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: I. Meeting or exceeding statement of work on a Pass/Fail Basis (must meet all statement of work to receive a rating of Pass) II. Price Paragraph c is not applicable as shown below: 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) ADDENDUM TO 52.212-2 -- Evaluation -- Commercial Items (Oct 2014). BASIS FOR CONTRACT AWARD: This is a competitive acquisition in accordance with FAR Parts 12 and 13. The evaluation process will proceed as follows: 1. Price Evaluation. The Total Evaluated Price (TEP) will include the proposed unit price multiplied by the quantity for the one Contract Line Item Number (CLIN). The unit price of the offeror' s quote shall control any conflict between the unit price and the extended amount. The price evaluation will document the completeness, balance, and affordability (based on available government budget) of the quoted price. 2. Award will be made to the quote with the lowest evaluated price that meets or exceeds the statement of work. FAR 52.212-4, Contract Terms and Conditions-Commercial Items (Dec 2014) applies to this acquisition. ADDENDUM TO FAR 52.212-4(c) CHANGES Text in paragraph (c) is deleted and replaced with the following: Changes in terms and conditions of this contract may be made only by written agreement of the parties with the exception of certain changes such as administrative changes including changes in paying office, appropriation data, etc. authorized by the Federal Acquisition Regulation and its supplements that may be made unilaterally by the Contracting Officer (for a complete list of changes that may be made unilaterally, see FAR 43.103(b). 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within. (End of Clause) 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 6 months; 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. (End of Clause) 52.217-5 EVALUATION OF OPTIONS As prescribed in 17.208(c), insert a provision substantially the same as the following: Evaluation of Options (July 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). (End of provision) 52.209-5 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION)(MAR 2012) (a) In accordance with Division H, sections 8124 and 8125 of P.L. 112-74 and sections 738 and 739 of P.L. 112-55 none of the funds made available by either Act may be used to enter into a contract with any corporation that- (1) Has an unpaid federal tax liability, unless the agency has considered suspension or debarment of the corporation and the Suspension and Debarment Official has made a determination that this action is not necessary to protect the interests of the Government. (2) Has a felony criminal violation under any Federal or State law within the preceding 24 months, unless the agency has considered suspension or debarment of the corporation and Suspension and Debarment Official has made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that- (1) The offeror does [ ] does not [ ] have any unpaid Federal tax liability that has been assessed and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (2) The offeror, its officers or agents acting on its behalf have [ ] have not [ ] been convicted of a felony criminal violation under a Federal or State law within the preceding 24 months. (End of Provision) 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS As prescribed in 9.108-5(b), insert the following clause: Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) (a) Definitions. As used in this clause- "Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). "Subsidiary" means an entity in which more than 50 percent of the entity is owned- (1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. (b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause. (c) Exceptions to this prohibition are located at 9.108-2. (End of clause) 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION As prescribed in 19.309(c), insert the following clause: Post-Award Small Business Program Rerepresentation (Jul 2013) (a) Definitions. As used in this clause- Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority. Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity. (b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following: (1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract. (2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract. (3) For long-term contracts- (i) Within 60 to 120 days prior to the end of the fifth year of the contract; and (ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter. (c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards. (d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees. (e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update. (f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause. (g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed: The Contractor represents that it o is, o is not a small business concern under NAICS Code ______________ assigned to contract number ______________. [Contractor to sign and date and insert authorized signer's name and title]. (End of clause) 52.222-19 CHILD LABOR - COOPERATION WITH AUTHORITIES AND REMEDIES As prescribed in 22.1505(b), insert the following clause: Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (a) Applicability. This clause does not apply to the extent that the Contractor is supplying end products mined, produced, or manufactured in- (1) Canada, and the anticipated value of the acquisition is $25,000 or more; (2) Israel, and the anticipated value of the acquisition is $50,000 or more; (3) Mexico, and the anticipated value of the acquisition is $79,507 or more; or (4) Armenia, Aruba, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Italy, Japan, Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, or the United Kingdom and the anticipated value of the acquisition is $204,000 or more. (b) Cooperation with Authorities. To enforce the laws prohibiting the manufacture or importation of products mined, produced, or manufactured by forced or indentured child labor, authorized officials may need to conduct investigations to determine whether forced or indentured child labor was used to mine, produce, or manufacture any product furnished under this contract. If the solicitation includes the provision 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products, or the equivalent at 52.212-3(i), the Contractor agrees to cooperate fully with authorized officials of the contracting agency, the Department of the Treasury, or the Department of Justice by providing reasonable access to records, documents, persons, or premises upon reasonable request by the authorized officials. (c) Violations. The Government may impose remedies set forth in paragraph (d) for the following violations: (1) The Contractor has submitted a false certification regarding knowledge of the use of forced or indentured child labor for listed end products. (2) The Contractor has failed to cooperate, if required, in accordance with paragraph (b) of this clause, with an investigation of the use of forced or indentured child labor by an Inspector General, Attorney General, or the Secretary of the Treasury. (3) The Contractor uses forced or indentured child labor in its mining, production, or manufacturing processes. (4) The Contractor has furnished under the contract end products or components that have been mined, produced, or manufactured wholly or in part by forced or indentured child labor. (The Government will not pursue remedies at paragraph (d)(2) or paragraph (d)(3) of this clause unless sufficient evidence indicates that the Contractor knew of the violation.) (d) Remedies. (1) The Contracting Officer may terminate the contract. (2) The suspending official may suspend the Contractor in accordance with procedures in FAR Subpart 9.4. (3) The debarring official may debar the Contractor for a period not to exceed 3 years in accordance with the procedures in FAR Subpart 9.4. (End of clause) 52.222-35 EQUAL OPPORTUNITY FOR VETERANS As prescribed in 22.1310(a)(1), insert the following clause: Equal Opportunity for Veterans (Oct 2015) (a) Definitions. As used in this clause- "Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at FAR 22.1301. (b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans. (c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings. (End of clause) 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES As prescribed in 25.1103(a), insert the following clause: Restrictions on certain foreign purchases (june 2008) (a) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the Contractor shall not acquire, for use in the performance of this contract, any supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if OFAC's implementing regulations at 31 CFR Chapter V, would prohibit such a transaction by a person subject to the jurisdiction of the United States. (b) Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are prohibited, as are most imports from Burma or North Korea, into the United States or its outlying areas. Lists of entities and individuals subject to economic sanctions are included in OFAC's List of Specially Designated Nationals and Blocked Persons at http://www.treas.gov/offices/enforcement/ofac/sdn. More information about these restrictions, as well as updates, is available in the OFAC's regulations at 31 CFR Chapter V and/or on OFAC's website at http://www.treas.gov/offices/enforcement/ofac. (c) The Contractor shall insert this clause, including this paragraph (c), in all subcontracts. (End of clause) 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR AWARD MANAGEMENT As prescribed in 32.1110(a)(1), insert the following clause: Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (a) Method of payment. (1) All payments by the Government under this contract shall be made by electronic funds transfer (EFT), except as provided in paragraph (a)(2) of this clause. As used in this clause, the term "EFT" refers to the funds transfer and may also include the payment information transfer. (2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either- (i) Accept payment by check or some other mutually agreeable method of payment; or (ii) Request the Government to extend the payment due date until such time as the Government can make payment by EFT (but see paragraph (d) of this clause). (b) Contractor's EFT information. The Government shall make payment to the Contractor using the EFT information contained in the System for Award Management (SAM) database. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the SAM database. (c) Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR Part 210. (d) Suspension of payment. If the Contractor's EFT information in the SAM database is incorrect, then the Government need not make payment to the Contractor under this contract until correct EFT information is entered into the SAM database; and any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply. (e) Liability for uncompleted or erroneous transfers. (1) If an uncompleted or erroneous transfer occurs because the Government used the Contractor's EFT information incorrectly, the Government remains responsible for- (i) Making a correct payment; (ii) Paying any prompt payment penalty due; and (iii) Recovering any erroneously directed funds. (2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and- (i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or (ii) If the funds remain under the control of the payment office, the Government shall not make payment, and the provisions of paragraph (d) of this clause shall apply. (f) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System. (g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall register separately in the SAM database and shall be paid by EFT in accordance with the terms of this clause. Notwithstanding any other requirement of this contract, payment to an ultimate recipient other than the Contractor, or a financial institution properly recognized under an assignment of claims pursuant to Subpart 32.8, is not permitted. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause. (h) Liability for change of EFT information by financial agent. The Government is not liable for errors resulting from changes to EFT information made by the Contractor's financial agent. (i) Payment information. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address contained in the SAM database. (End of clause) FAR 52.212-5, Contract Terms and Conditions Required to Implement status or Executive Orders- (Commercial Items (MAY 2015) Additional FAR clauses by reference cited in the clause applicable to this acquisition are: 52. 203- 15 Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) 52.204-7 System for Award Management 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) 52-204-13 System for Award Management Maintenance 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) 52.222-3, Convict Labor (June 2003) 52.222-21, Prohibition of Segregated Facilities (APR 2015). 52.222-26, Equal Opportunity (APR 2015) 52.222-26, Equal Opportunity (APR 2015) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) 52.222-37, Employment Reports on Veterans (JUL 2014) 52.222-50, Combating Trafficking in Persons (MAR 2015) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications 52.232-25 Prompt Payment 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) 52.232-39 Unenforceability of Unauthorized Obligations FAR 52.232-40Providing Accelerated Payment to Small Business Subcontractors (DEC 2013) 52.233-4 Applicable Law for Breach of Contract Claim FAR 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/ VAARS clauses cited in the clause applicable to this acquisition are: 852.203-70 Commercial Advertising (JAN 2008) 852.211-73 Brand Name or Equal (JAN 2008) 852.215-71 Evaluation Factor Comments (DEC 2009) 852.232-72 Electronic Submission of Payment Request (NOV 2012) 852.246.70 Guarantee (JAN 2008) 852.246-71 Inspection Alternate I (JAN 2008) FAR Provisions cited in the clause applicable to this acquisition are: 52.211-6 Brand Name or Equal (AUG 1999) 52.214-21 Descriptive Literature (APR 2002) 52.212-2 Evaluation-Commercial Items (OCT 2014) 52.212-3 Offeror Representations and Certification-Commercial Items (MAR 2015) VAARS Provisions cited in the clause applicable to this acquisition are: 852.215-70 Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors (DEC 2009) 852.233-70Protest Content/Alternative Dispute Resolution (JAN 2008) 852.233-71Alternative Protest Procedure (JAN 1998) 852.252-70Solicitation Provisions or Clauses Incorporated by Reference (JAN 2008) 852.270-1Representatives of Contracting Officers (JAN 2008) 852.273-74Award without Exchanges (JAN 2003)
 

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