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FBO DAILY - FEDBIZOPPS ISSUE OF NOVEMBER 12, 2015 FBO #5102
DOCUMENT

Z -- Flooring Optical Shop - Attachment

Notice Date
11/10/2015
 
Notice Type
Attachment
 
NAICS
238330 — Flooring Contractors
 
Contracting Office
Department of Veterans Affairs;Network Contracting Office 8 (248);C. W. Bill Young VAMC;10,000 Bay Pines Blvd;Bay Pines FL 33744
 
ZIP Code
33744
 
Solicitation Number
VA24816Q0176
 
Response Due
12/2/2015
 
Archive Date
1/1/2016
 
Point of Contact
Lisa P. Nooner
 
E-Mail Address
lisa.nooner@va.gov
(lisa.nooner@va.gov)
 
Small Business Set-Aside
Service-Disabled Veteran-Owned Small Business
 
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 is a request for quotations (RFQ). The quote document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-83. This RFQ is Restricted to Service Disabled Veteran Owned Small Business (SDVOSB). The associated North American Industrial Classification System (NAICS) code for this procurement is 238330, with a small business size standard of $15M. The Network Contracting Office 8 is seeking a contractor to provide hardware and services to replace existing non-compatible and non-functioning security hardware associated with building 100 located in the Optical Shop. All work will be in accordance with the Performance Work Schedule (PWS) below. NOTE: Site Visit will be conducted on Monday at 2:00 PM EST, November 16, 2015. Interested contractors shall meet in the main lobby of Building 100, C.W. Bill Young VA Medical Center, 10000 Bay Pines Blvd, Bay Pines, FL 33744 Attendance at the Site Visit is highly encouraged and expected prior to submission of a quote for this project. Please contact Lisa P. Nooner by e-mail at lisa.nooner@va.gov to sign-up for the Site Visit no later than 2:00 PM, on Monday November 16, 2015. All questions regarding this RFQ must be in writing and may be sent by e?mail to lisa.nooner@va.gov Questions must be received no later than December 2, 2015 at 4:00 PM. No further questions will be accepted after that date and time. You are reminded that representatives from your company SHALL NOT contact any Bay Pines VA Health Care System employees to discuss this RFQ during this RFQ process. All questions and concerns regarding this RFQ shall be directed to the Contracting Officer. Schedule Please Enter the Total Price For This Job Below CLINDescription QtyUnit Total Price 0001Flooring, installation1 Job __________ PERFORMANCE WORK STATEMENT (PWS): BAY PINES BLDG 100 OPTICAL SHOP FLOORING 1. Scope: The intent of this request is to establish a single award contract to include all necessary labor, drawings, equipment, planning, programming, and transport to provide and install flooring at the Bay Pines VA Healthcare System for the Optical Shop. This area is currently under construction with completion scheduled for November 2015. All associated work identified in this PWS are to be completed and operational for occupancy by January, 2016. The Optical Shop is located in the Bay VA Medical Center, 10000 Bay Pines Blvd., Bay Pines FL 33744, Building 100, first floor. This PWS is "turn-key" to capture all associated planning and physical support associated with furnishing the Optical Shop. NOTE: IT equipment, printers, and telephones are not included and will be provided by in-house staff. 2. Pre-Award: oThe Contracting Officer shall contact interested contractors to schedule a single/group site visit which will be coordinated with the Interior Designer to tour, measure, and inspect the site oAll vendors must attend this site visit to measure prior to providing an estimate and supply drawings with their estimate showing each room installation specifications that includes all pertinent details and information. oPersonal safety equipment including hardhats, safety shoes, and vests may be required to enter the site and are not VA provided; oBid submissions must include manufacturer's cut sheets and detailed information including salient characteristics and warranty information within your proposal. Samples may be requested. oVendor must have demonstrated and recent experience providing and installing flooring and furnishings within a medical center environment; local representation to provide product knowledge, support, direction, planning, drawings, oversight, implementation, installation crew experienced and certified with sufficient manpower to meet requirements within specifications and timeframes. oAll products specified must meet requirements for commercial/medical center grade. 3. Post-Award: oNote: This space has not been verified, drawings provided are conceptual only. oAwarded vendor will have 10 business days to meet with VA staff, programming their needs, providing drawings for review(s), revisions, and final approval. oOnce plans are approved, vendor to provide detailed itemized list (quote) with individual costs and quantities for each item to the Contracting Officer. oManufacturing to begin within 15 days of award and/or lead time ensures completed delivery and installation by January 15, 2016. oVendor is to receive and provide warehousing for all items until delivery and installation can be scheduled. oThe vendor shall abide by all rules and regulations in terms of, but not limited to: Parking, Safety, Infection Control, Noise, Smoking, and Patient Privacy. oWork shall be completed during Medical Center normal hours of business M-F, 8:00 AM - 4:30 PM. Alternate hours may be determined by the COR (Contracting Officer's Representative). 4. Index of Sections Types of furniture and/or locations are indexed within the nine sections below; each section is further defined and following within this document. 1.Flooring 1.Flooring: Floating Luxury Vinyl Tile (12X24" & 7x48") Mohawk Clic Step "Urban Pantina" and "Hardscape" available in Quick Ship, or equal, Design to consist of two different tiles, dividing the room lengthwise, 8' from the door wall. Area "A" - 8' in depth, begins nearest the door, "Urban Patina" 811 "White Noise", 7'x48" plank, lay lengthwise. Area "B" - Begins inside the room, 8' from door extends 9' to opposite wall using, "Hardscape 821 Paved Pass" 12x24" tiles lay lengthwise, subway stacked. DESIGN Overall Gauge.16" (4mm) Wear Layer 20 mil (0.5mm) Finish M-Force Ceramic Enhanced Urethane Texture Wood Emboss (Urban Patina); Light Emboss (Hardscape) Edge Profile Micro bevel Colors Available / Size Each color only available in the size shown Urban Patina 14 colors - 7" x 48" (nominal) (169.8mm x 1211.2mm) Hardscape 8 colors - 12" x 24" (nominal) (296.8mm x 601.6mm) Antimicrobial Yes Packaging Urban Patina 22.14 sf/ctn (2.05 m2/ctn); 10 pcs/ctn; 25.13 lbs/ctn (11.39 kg/ctn) Hardscape 23.06 sf/ctn (2.14 m2/ctn); 12 pcs/ctn; 29.09 lbs/ctn (13.19 kg/ctn) Installation Floating with Unclick Locking System Recommended Adhesive None required Recommended Underlayment Mohawk ActiveSound PERFORMANCE Construction Commercial Grade Floating Resilient Tile Classification ASTM F1700 - Class III, Type A - Smooth, Type B - Embossed Squareness ASTM F2055 - Passes - 0.010 in. max Size and Tolerance ASTM F2055 - Passes - } 0.016 in. per linear foot Thickness ASTM F386 - Passes - 0.157 } 0.005 in. (4.0 } 0.13mm) Flexibility ASTM F137 - Passes - ? 1.0 in., no cracks or breaks Dimensional Stability ASTM F2199 - Passes - 0.15% max (0.020 in. per linear foot) Static Load Limit ASTM F970 - Passes, modified - 1000 psi Residual Indentation ASTM F1914 - Passes - Average less than 8% Slip Resistance ASTM D2047 - Passes - > 0.6 Wet, 0.6 Dry Resistance to Chemicals ASTM F925 - Passes - No Change or Slight Change Resistance to Light ASTM F1515 - Passes - ?E ? 5 Resistance to Heat ASTM F1514 - Passes - ?E ? 5 Critical Radiant Flux ASTM E648 - Passes - Minimum 0.7 Watt Smoke Density ASTM E662 - Passes - < 450 (non-flaming) Acoustic Testing 72 IIC when installed with ActiveSound over 6" concrete and drop ceiling per ASTM E492/E989 66 STC when installed with ActiveSound over 6" concrete and drop ceiling per ASTM E90/E413 54 IIC when installed with ActiveSound over 6" concrete only per ASTM E492/E989 50 STC when installed with ActiveSound over 6" concrete only per ASTM E90/E413 SUSTAINABILITY Certification FloorScore Certified Recycled Content 12% Pre-Consumer, 18% Post-Consumer SERVICE Warranty Limited 10 Year Commercial Lifetime Unclick Locking System Warranty Construction The Uniclic locking system is milled into all four sides, producing a tight connection that installs quickly. A commercial grade wear layer and M-Force Ceramic Enhanced Urethane finish ensure performance under heavy foot traffic. The adhesive free construction works well over existing flooring and saves time and costs associated with installation. Urban Patina, These multi-purpose, highly versatile floors offer delightful innovation with never-before-seen visuals in fresh, unique colorways. Urban Patina delivers a bit of mystery: its unusual mix of known species and organic-inspired patterns provide hints of wood without exactly replicating any specific type. Various textures ranging from linear to hand scraped are available in an easy-to-install 7" x 48" size. Hardscape For a more contemporary aesthetic, Hardscape tile products offer a non-directional, limestone visual in a 12" x 24" rectangular format. The result is a modern look that easily accommodates small-scale spaces. Along with Urban Patina, Hardscape is ideal for high-traffic areas in a multitude of segments. Colors shown may vary according to production run. Heavy Commercial Wear Layer Decorative Print Film Commercial Base with Recycled Content Stabilizing Back Layer Recommended Applications o Healthcare - non-aseptic areas of hospitals, senior living, medical office buildings o Retail - high traffic c stores o Hospitality - guest rooms, public space, restaurants o Corporate - lobbies, corridors, break rooms, offices o Education - university centers, offices, cafeterias, classrooms, dormitories, corridor o Commercial grade wear layer and M-Force Ceramic Enhanced Urethane finish o Uniclic locking system for fast, adhesive-free installation o Four-sided locking system prevents plank separation o Installs on slabs with up to 95% RH and contains added antimicrobial o More forgiving over uneven subfloors and is move-in ready o Contains 30% recycled content and is FloorScore Certified RUBBER BASE, installed around perimeter of the room. Johnsonite A. Tarkett Company Vinyl Wall Base or Equal 6", color TBD The aforementioned requirements are GO/NO GO. Offerors may provide up to three references of their performance providing the same or similar services matching the scope of this requirement within the last three years having the same magnitude and complexity as this requirement. The offeror's will provide the following information as a minimum: oContract Number oDollar Value oDates of performance oName of Contracting Agency/Hospital oPoint of Contact at that Agency/Hospital oPoint of Contact information (i.e. email address, telephone number, etc.) oA brief description of the work effort sufficient to demonstrate the relationship between the reference contract and the proposed effort. The quotes will be evaluated on a lowest price technically acceptable, with past performance as part of the technical evaluation. Quotes shall be responded to via e-mail. All vendors must be registered and complete all entries in the System for Award Management (SAM) in order to be considered for award. Potential vendors may register at the following web site: https://www.sam.gov/portal/public/SAM/ Quotes must be received on/or before the December 2, 2015 4:00 PM to be considered for award. Vendors shall provide a minimum quote acceptance period of 90 days after RFQ closing for offers Award The offeror's initial quote should contain the offeror's best terms from a price standpoint. Offerors are cautioned to submit sufficient information and in the format specified in the quote instructions. Offerors may be contacted to resolve minor or clerical errors and the Contracting Officer reserves the right to award without further conversations. Place of Performance oBuilding 100, C.W. Bill Young VA Medical Center, 10000 Bay Pines Blvd, Bay Pines, FL 33744 The Basic Period of Performance: The period of performance is expected to be date of award through 30 days. The government intends to award a contract as a result of this RFQ that will include the terms and conditions set forth herein. To facilitate the award process, ALL quotes shall include a statement regarding the terms and conditions herein as follows: "The terms and conditions in the RFQ are acceptable to be included in the award document without modification, deletion, or addition." OR "The terms and conditions in the RFQ are acceptable to be included in the award document with the exception, deletion, or addition of the following:" Quoter shall list exception(s) and rationale for the exception(s). Offerors must complete annual representations and certifications on-line at http://www.acquisition.gov in accordance with FAR 52.212-3, "Offerors Representations and Certifications-Commercial Items." The following Federal Acquisition Regulation (FAR), provisions and clauses apply to this solicitation and are incorporated by reference (provisions and clauses may be obtained via the internet: http://farsite.hill.af.mil, http://www.arnet.gov/far, or http://safaq.hq.af.mil/contracting): The following RFQ provisions apply to this acquisition: 52.216-1 Type of Contract (Apr 1984) The Government contemplates award of a Firm Fixed Priced contract resulting from this RFQ. (End of Provision) 52.219-6 -- Notice of Total Small Business Set-Aside (Nov 2011) (a) Definition. "Small business concern," as used in this clause, 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 size standards in this solicitation. (b) Applicability. This clause applies only to-- (1) Contracts that have been totally set aside or reserved for small business concerns; and (2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).* (c) General. (1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected. (2) Any award resulting from this solicitation will be made to a small business concern. (d) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts. (End of Clause) 52.222-55 -- Minimum Wages Under Executive Order 13658. As prescribed in 22.1906, insert the following clause: Minimum Wages Under Executive Order 13658 (Dec 2014) (a) Definitions. As used in this clause-- "United States'' means the 50 states and the District of Columbia. "Worker''- (1) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 13658, and (i) Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C. chapter 8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV), (ii) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541, (iii) Regardless of the contractual relationship alleged to exist between the individual and the employer. (2) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c). (3) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship. (b) Executive Order Minimum Wage rate. (1) The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $10.10 per hour beginning January 1, 2015. (2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2016 and annually thereafter, to meet the Secretary of Labor's annual E.O. minimum wage. The Administrator of the Department of Labor's Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on www.wdol.gov (or any successor Web site) and on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute. The applicable published E.O. minimum wage is incorporated by reference into this contract. (3) (i) The Contractor may request a price adjustment only after the effective date of the new annual E.O. minimum wage determination. Prices will be adjusted only if labor costs increase as a result of an increase in the annual E.O. minimum wage, and for associated labor costs and relevant subcontract costs. Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers' compensation insurance, but will not otherwise include any amount for general and administrative costs, overhead, or profit. (ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2). Contractors shall consider any subcontractor requests for such price adjustment. (iii) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provide duplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute. (4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause. (5) A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period. Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued. (6) The Contractor shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback. The Contractor may make deductions that reduce a worker's wages below the E.O. minimum wage rate only if done in accordance with 29 CFR 10.23, Deductions. (7) The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof. (8) Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance establishing a minimum wage higher than the E.O. minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart. (9) The Contractor shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate. (10) The Contractor shall follow the policies and procedures in 29 CFR 10.24(b) and 10.28 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips. (c) (1) This clause applies to workers as defined in paragraph (a). As provided in that definition-- (i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the worker; (ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c) are covered; and (iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship, are covered. (2) This clause does not apply to-- (i) Fair Labor Standards Act (FLSA)-covered individuals performing in connection with contracts covered by the E.O., i.e. those individuals who perform duties necessary to the performance of the contract, but who are not directly engaged in performing the specific work called for by the contract, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such contracts; (ii) Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C. 213(a) and 214(a) and (b), unless otherwise covered by the Service Contract Labor Standards statute, or the Wage Rate Requirements (Construction) statute. These individuals include but are not limited to-- (A) Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(a). (B) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(b). (C) Those employed in a bona fide executive, administrative, or professional capacity (29 U.S.C. 213(a)(1) and 29 CFR part 541). (d) Notice. The Contractor shall notify all workers performing work on, or in connection with, this contract of the applicable E.O. minimum wage rate under this clause. With respect to workers covered by the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, the Contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers whose wages are governed by the FLSA, the Contractor shall post notice, utilizing the poster provided by the Administrator, which can be obtained at www.dol.gov/whd/govcontracts, in a prominent and accessible place at the worksite. Contractors that customarily post notices to workers electronically may post the notice electronically provided the electronic posting is displayed prominently on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment. (e) Payroll Records. (1) The Contractor shall make and maintain records, for three years after completion of the work, containing the following information for each worker: (i) Name, address, and social security number; (ii) The worker's occupation(s) or classification(s); (iii) The rate or rates of wages paid; (iv) The number of daily and weekly hours worked by each worker; (v) Any deductions made; and (vi) Total wages paid. (2) The Contractor shall make records pursuant to paragraph (e)(1) of this clause available for inspection and transcription by authorized representatives of the Administrator. The Contractor shall also make such records available upon request of the Contracting Officer. (3) The Contractor shall make a copy of the contract available, as applicable, for inspection or transcription by authorized representatives of the Administrator. (4) Failure to comply with this paragraph (e) shall be a violation of 29 CFR 10.26 and this contract. Upon direction of the Administrator or upon the Contracting Officer's own action, payment shall be withheld until such time as the noncompliance is corrected. (5) Nothing in this clause limits or otherwise modifies the Contractor's payroll and recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the Fair Labor Standards Act, or any other applicable law. (f) Access. The Contractor shall permit authorized representatives of the Administrator to conduct investigations, including interviewing workers at the worksite during normal working hours. (g) Withholding. The Contracting Officer, upon his or her own action or upon written request of the Administrator, will withhold funds or cause funds to be withheld, from the Contractor under this or any other Federal contract with the same Contractor, sufficient to pay workers the full amount of wages required by this clause. (h) Disputes. Department of Labor has set forth in 29 CFR 10.51,Disputes concerning contractor compliance, the procedures for resolving disputes concerning a contractor's compliance with Department of Labor regulations at 29 CFR part 10. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. These disputes include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the Department of Labor, or the workers or their representatives. (i) Antiretaliation. The Contractor shall not discharge or in any other manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to compliance with the E.O. or this clause, or has testified or is about to testify in any such proceeding. (j) Subcontractor compliance. The Contractor is responsible for subcontractor compliance with the requirements of this clause and may be held liable for unpaid wages due subcontractor workers. (k) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (k) in all subcontracts, regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United States. (End of clause) 52.233-2 Service of Protest (Sep 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Network Contracting Office 8 Steven Scharlow, 10000 Bay Pines Blvd. Bldg 2 RM 315 Bay Pines FL 33744. (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of Provision) The following contract clauses apply to this acquisition: oFAR 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights oFAR 52.204-7, System for Award Management o52.204-13 System for Award Management Maintenance oFAR 52.212-1, Instruction to Offerors-Commercial Items oFAR 52.212-3, "Offerors Representations and Certifications-Commercial Items" APR 2012 oFAR 52.212-4, "Contract Terms and Conditions-Commercial Items" SEPT 2013 oFAR 52.212-5, "Contract Terms and Conditions Required to Implement Statutes or Executive Orders" NOV 2013 oFAR 52.203-3 Gratuities, oFAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards o52.219-28 Post Award Small Business Program Representation, oFAR 52.222-3, Convict Labor oFAR 52.222-19, Child Labor-Cooperation with Authorities and Remedies oFAR 52.222-21, Prohibition of Segregated Facilities, oFAR 52.222-26, Equal Opportunity oFAR 52.222-35, Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era oFAR 52.222-36, Affirmative Action for Workers with Disabilities oFAR 52.222-37 -- Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans oFAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving oFAR 52.225-13 Restrictions on Certain Foreign Purchases oFAR 52.232-33 Payment By Electronic Funds Transfer-System for Award Management oFAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors oFAR 52.252-2, Clauses Incorporated by Reference oFAR 52.222-41 -- Service Contract Act of 1965 oFAR 52.225-13 -- Restrictions on Certain Foreign Purchases oFAR 52.232-39 Unenforceability of Unauthorized Obligations oFAR 52.237-1, Site Visit oFAR 52.247-34, F.O.B. Destination 852.203-70Commercial Advertising (JAN 2008) 852.203-71Display of Department of Veterans Affairs Hotline Poster (DEC 1992) 852.211-70Service Data Manuals (NOV 1984) 852.237-70Contractor Responsibilities (APR 1984) 852.246-71Inspection (JAN 2008) 852.273-72Electronic Submission of Payment requests 852.211-73 BRAND NAME OR EQUAL (JAN 2008) (Note: As used in this clause, the term "brand name" includes identification of products by make and model.) (a) If items called for by this invitation for bids have been identified in the schedule by a "brand name or equal" description, such identification is intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. Bids offering "equal" products (including products of the brand name manufacturer other than the one described by brand name) will be considered for award if such products are clearly identified in the bids and are determined by the Government to meet fully the salient characteristics requirements listed in the invitation. (b) Unless the bidder clearly indicates in the bid that the bidder is offering an "equal" product, the bid shall be considered as offering a brand name product referenced in the invitation for bids. (c) (1) If the bidder proposes to furnish an "equal" product, the brand name, if any, of the product to be furnished shall be inserted in the space provided in the invitation for bids, or such product shall be otherwise clearly identified in the bid. The evaluation of bids and the determination as to equality of the product offered shall be the responsibility of the Government and will be based on information furnished by the bidder or identified in his/her bid as well as other information reasonably available to the purchasing activity. CAUTION TO BIDDERS. The purchasing activity is not responsible for locating or securing any information that is not identified in the bid and reasonably available to the purchasing activity. Accordingly, to insure that sufficient information is available, the bidder must furnish as a part of his/her bid all descriptive material (such as cuts, illustrations, drawings or other information) necessary for the purchasing activity to: (i) Determine whether the product offered meets the salient characteristics requirement of the Invitation for Bids, and (ii) Establish exactly what the bidder proposes to furnish and what the Government would be binding itself to purchase by making an award. The information furnished may include specific references to information previously furnished or to information otherwise available to the purchasing activity. (2) If the bidder proposes to modify a product so as to make it conform to the requirements of the Invitation for Bids, he/she shall: (i) Include in his/her bid a clear description of such proposed modifications, and (ii) Clearly mark any descriptive material to show the proposed modifications. (3) Modifications proposed after bid opening to make a product conform to a brand name product referenced in the Invitation for Bids will not be considered. (End of Clause) 52.246-4 -- Inspection of Services -- Fixed-Price (Aug. 1996) (a) Definition: "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services. (b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires. (c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work. (d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. (e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may -- (1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and (2) Reduce the contract price to reflect the reduced value of the services performed. (f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may -- (1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or (2) Terminate the contract for default. 52.228-5 Insurance -- Work on a Government Installation (Jan 1997) (a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract. (b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective -- (1) For such period as the laws of the State in which this contract is to be performed prescribe; or (2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request. (End of Clause) 52.233-1 Disputes. Disputes (July 2002) (a) This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). (b) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause. (c) "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under the Act until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. (d)(1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer. (2)(i) The Contractor shall provide the certification specified in paragraph (d)(2)(iii) of this clause when submitting any claim exceeding $100,000. (ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim. (iii) The certification shall state as follows: "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am duly authorized to certify the claim on behalf of the Contractor." (3) The certification may be executed by any person duly authorized to bind the Contractor with respect to the claim. (e) For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor-certified claims over $100,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made. (f) The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in the Act. (g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative dispute resolution (ADR). If the Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the Contractor's specific reasons for rejecting the offer. (h) The Government shall pay interest on the amount found due and unpaid from (1) the date that the Contracting Officer receives the claim (certified, if required); or (2) the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications, as defined in FAR 33.201, interest shall be paid from the date that the Contracting Officer initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim. (i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting Officer. (End of clause) 52.237-2 -- Protection of Government Buildings, Equipment, and Vegetation (Apr 1984). The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor's failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price. (End of Clause) Points of Contact Contracting Officer Name: Lisa P. Nooner Organization: NCO 8 Phone No.: 727-399-3343 E-Mail Address: lisa.nooner@va.gov Contractor Point of Contact: Contractor Legal Business Name: TO BE DETERMINED DUNS: CAGE CODE: Contractor POC: E-Mail Address: Phone Number: Fax Number:
 
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