Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF AUGUST 30, 2018 FBO #6124
DOCUMENT

J -- Service Contract for Waste Removal Services - Attachment

Notice Date

8/28/2018
 

Notice Type

Attachment
 

NAICS

562111 — Solid Waste Collection
 

Contracting Office

Department of Veterans Affairs;NCO 17 North Texas Healthcare System;NCO 17 Network Contracting Activity;124 E. Hwy 67;Duncanville TX 75137
 

ZIP Code

75137
 

Solicitation Number

36C25718Q9862
 

Response Due

9/4/2018
 

Archive Date

9/18/2018
 

Point of Contact

Charles L. Brown, Jr., Contract Specialist
 

Small Business Set-Aside

Service-Disabled Veteran-Owned Small Business
 

Description

Page 1 of 23 The purpose of this amendment to Request for Quote: 36C25718Q9862_1 is to answer questions submitted by interested parties and to extend the quote submission date. Revised Updated Quote Submission Date: Quotes must be received no later than Tuesday, September 4, 2018, Noon CST. Email your quote to Charles.Brown9@va.gov. The subject line must specify 36C25718Q9862. There will be no automated email notification of receipt of quotes. All quotes received without requested documentation will not be considered. Previous Quote Submission Date: Quotes must be received no later than Tuesday, August 28, 2018, 8:00AM CST. Email your quote to Charles.Brown9@va.gov. The subject line must specify 36C25718Q9862. There will be no automated email notification of receipt of quotes. All quotes received without requested documentation will not be considered. Questions and Answers: How often do we anticipate pickups per week for the front load dumpster/containers? We are projecting 3X times a week. Monday, Wednesday, and Friday. This is a Combined Synopsis/Solicitation for commercial items prepared in accordance with the format in FAR 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only Solicitation; quotes are being requested and a written solicitation will not be issued. Solicitation number 36C25718Q9862 is issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular. SET-ASIDE:  This requirement is Total Service-Disabled Veteran-Owned Small Business Set-Aside. The NAICS is 562111. In accordance with VAAR 852.219-11, any SDVOSB submitting a quote for this action must be verified for ownership and control and is so listed in the vendor information pages database (http://www.vetbiz.gov) upon submission of quote. Only qualified offerors may submit bids. Introduction: A Firm Fixed Price award will be made to the lowest priced quote which conforms to the requirements within this solicitation and represents the best price to the Government. Description of Services: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform solid waste disposal services as defined in this Performance Work Statement except for those items specified as Government furnished property and services. The Contractor shall perform to the standards in this contract. The following clauses and provisions apply to this solicitation: 52.209-5, Certification Regarding Responsibility Matters 52.212-3, Offeror Representations and Certifications-Commercial Items 52.212-4, Contract Terms and Conditions-Commercial Items 52.212-5, Contract Terms and Conditions Required to Implement Statues or Executive Orders-Commercial Items 52.217-8, Option to Extend Services 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 60 days. 52.217-9, Option to Extend the Term of the Contract a) The Government may extend the term of this contract by written notice to the Contractor within 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years. 52.203-17 Contractor Employee Whistleblower Rights and Requirements to Inform Employees of Whistleblower Right 52.203-99 Prohibition of Contracting with Entities That Require Certain Internal Confidentiality Agreements 52.219-14, Limitations on Subcontracting 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3). 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside 52.222-3, Convict Labor 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67) 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) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving 52.232-19, Availability of Funds for the Next Fiscal Year 52.228-5 Insurance-Work on a Government Installation (JAN 1997) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management 52.237-3 Continuity of Services (JAN 1991) 52.232-39, Unenforceability of Unauthorized Obligations (In the FAR https://www.acquisition.gov/far/html/52_232.html#wp1160005) 52.233-3, Protest after Award (In the FAR https://www.acquisition.gov/far/html/52_233_240.html) 852.203-70, Commercial Advertising 852.219-10 VA Notice of Total Service-Disabled Veteran Owned Small Business Set-Aside 852.232-72, Electronic Submission of Payment Requests 852.237-70, Contractor Responsibilities 52.252-1, Solicitation Provisions Incorporated by Reference: This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es). 52.252-2, Clauses Incorporated by Reference: 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). Full text can be obtained at http://www.acquisition.gov/far/index.html LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011) This solicitation includes FAR 52.219-14, Limitations on Subcontracting, and VAAR 852.219-10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set- Aside. 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. Submission of Quote (FAR 52.212-1 Instructions to Offerors Commercial Items): The Offeror shall submit their quote on company letterhead and shall include unit price, overall total price, name, address, and telephone number of the offeror, firm's DUNS# and ORCA document in SAM at www.sam.gov. Complete copy of 52.212-3 Offerors Representations and Certifications- Commercial Items, and ORCA document. The offeror shall provide sufficient evidence that they possess adequate resources, capability, experience, responsibility and integrity to meet the technical capabilities to comply with the requirements of the resulting contract. All quotes received without this documentation will not be considered. All questions must be emailed to Charles.Brown9@va.gov, no later than Tuesday, September 4, 2018 NOON CST. The subject line must specify 36C25718Q9862. All responses to questions will be incorporated into a written amendment posted to the Federal Business Opportunities website (www.fbo.gov). Offerors are encouraged to monitor the Federal Business Opportunities website with respect to this solicitation because any amendments to this Solicitation will be posted on the website (www.fbo.gov). There will be no automated email notification of amendments. Quotes must be received no later than Tuesday, September 4, 2018, NOON CST. Email your quote to Charles.Brown9@va.gov. The subject line must specify 36C25718Q9862. There will be no automated email notification of receipt of quotes. All quotes received without requested documentation will not be considered. Quote should be broken down as follows: ITEM NUMBER DESCRIPTION OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 Waste Management Removal for VA North Texas Dallas Location Period: Base POP Begin: 10-01-2018 POP End: 09-30-2019 1.00 YR $ $ 0002 Waste Management Removal for VA North Texas Dallas Location Period: Option Year 1 POP Begin: 10-01-2019 POP End: 09-30-2020 1.00 YR $ $ 0003 Waste Management Removal for VA North Texas Dallas Location Period: Option Year 2 POP Begin: 10-01-2020 POP End: 09-30-2021 1.00 YR $ $ 0004 Waste Management Removal for VA North Texas Dallas Location Period: Option Year 3 POP Begin: 10-01-2021 POP End: 09-30-2022 1.00 YR $ $ 0005 Waste Management Removal for VA North Texas Dallas Location Period: Option Year 4 POP Begin: 10-01-2022 POP End: 09-30-2023 1.00 YR $ $ GRAND TOTAL $ ________________________________ The solicitation package will be posted on FedBizOpps, which can be accessed at www.fedbizopps.gov. The Government will not provide paper copies of the solicitation. Telephone, written, or facsimile, requests, for the solicitation package will not be honored. All interested parties MUST be registered in the System for Award Management (SAM) Database and have completed On-Line Representation and Certifications Application (ORCA) in order to receive a contract award. If you are not registered with SAM, you may request an application via phone at 866-606-8220 or register on-line at https://www.sam.gov. To keep informed of changes: Check www.fedbizopps.gov frequently. DISCLAIMER AND IMPORTANT NOTES: The government is in no way obligated to do business with or enter into the award a contract to any firm or its affiliates or otherwise pay for the information provided in this synopsis. STATEMENT OF WORK Solid Waste Pickup and Disposal Environmental Management Service VA North Texas Health Care System, Dallas Campus, Hertzog Center, Polk Street Annex Part 1 GENERAL General Information 1. GENERAL. This is a non-personnel services contract to provide solid waste pickup from the designated locations. The proposed containers shall minimize spills and the exposure of waste to the environment during collection. The goal is to improve cleanliness, improve aesthetics, reduce infestation and promote healthier surroundings. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. 1.1. DESCRIPTION OF SERVICES/INTRODUCTION. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform solid waste disposal services as defined in this Performance Work Statement except for those items specified as Government furnished property and services. The Contractor shall perform to the standards in this contract. 1.1.2. OBJECTIVES. The contractor shall collect and dispose of approximately 420,000 pounds monthly of wet solid waste (trash) compiled by historical values as an average. The VA shall not be held responsible to any particular quantity of waste that is actually generated during the contract period. 1.1.3. SCOPE. The contractor shall pickup and dispose of solid waste. Services include solid waste collection at Building 2 (back dock) (government owned Sani-Pak 40 yard compactor)(contractor provided open 30 yard container); Building 3 (Research & Lab) (contractor provided 20 yard compactor); Building 5 (EMS office) (8 yard closed container); Building 11 (carpentry shop)(8 yard closed container); Building 12 (laundry)(8 yard closed container); Building 43 (Research) (8 yard closed container); Building 44 (warehouse) (2 8 yard closed container)(30 yard open container); Building 60 (CLC) (contractor provided 20 yard compactor); Building 70 (Energy center) (8 yard closed container); Building 75 (community center)(8 yard closed container); Building 78 (Fisher house)(8 yard closed container); Hertzog building (2- 8 yard closed containers); Polk Street Annex (8 yard closed container). The collection locations shall have a front load dumpster/container(s) with a variety of volume/weights of solid waste per container generated per week. Four pickups per week are anticipated for front load dumpster/containers. The pickup areas shall remain clean, neat, and free of infestation as a result of solid waste disposal. Schedules shall be confirmed throughout the life of the contract and arrangements shall be made in the best interest of the VA. Open top containers will be emptied on an on-call basis as needed. Summary; 8 yard containers- 12 30 yard open containers- 2 Compactor units - 2 1.2. PERSONNEL 1.2.1. CONTRACT MANAGER. The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and alternate (s) who shall act for the contractor when the manager is absent shall be designated in writing to the Contracting Officer. 1.2.1.1. AUTHORITY. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. 1.2.1.2. AVAILABILITY. The contract manager or alternate shall be available within 3 hours to meet on the installation with government personnel designated by the Contracting Officer to discuss problem areas any time the work is performed at VA North Texas Health Care System, Dallas Campus, Hertzog Center, Polk Street Annex. 1.2.1.3. EMPLOYEES. Contractor personnel will present a neat appearance and be easily recognized. This may be accomplished by wearing distinctive clothing bearing the name of the company or by wearing appropriate badges which contain the company name and employee name. All employees and representatives of the Contractor must be fluent enough in the English language to read and understand chemical labels/signs and to converse intelligibly with the COR. 1.2.2. ACCESS LIMITATION. Only authorized Contractor employees are allowed inside the VA complexes. Contractor employees are not to be accompanied in the work area by acquaintances, family members, assistants, or any other person unless said person is an authorized Contractor employee. 1.3. QUALITY CONTROL 1.3.1. ESTABLISH AND MAINTAIN. The contractor shall establish and maintain a complete Quality Control Plan to ensure the requirements of the contract are provided as specified. One copy of the contractor's Quality Control Plan shall be provided to the Contracting Officer with the contractor's proposal. An updated copy shall be provided to the Contracting Officer as changes occur. 1.3.2. CONTENT. The plan shall comply with the requirements of FAR 52.246.4, Inspection of Services Fixed Price, which is incorporated in section C-1 of the contract. The plan shall include the following: 1.3.2.1. INSPECTION SYSTEM. An inspection system covering all the services specified in this PWS; must specify the areas to be inspected on a scheduled or unscheduled basis, how often inspection will be accomplished, and the title of the individual (s) who will perform the inspections. 1.3.2.2. IDENTIFICATION AND PREVENTION. The methods for identifying and preventing defectives in the quality of service performed before performance becomes unacceptable. 1.3.2.3. RECORDS. On-site records of all inspections conducted by the contractor and necessary corrective action taken. This documentation shall be made available to the government during the term of the contract. 1.3.3. GOVERNMENT REVIEW. The government will review the Contractor Quality Control Plan (QCP) to determine if it is adequate. If the plan is adequate, the government will accept the plan. If the plan is not adequate as submitted, the deficiencies will be identified to the contractor in writing. The contractor shall correct all identified deficiencies and submit a corrected Contractor Quality Control Plan within ten working days or contract start date, whichever is sooner. The government will also periodically review the manner in which the contractor is conducting the quality control program by either reviewing the contractor's records, observing actual performance or both. 1.4. QUALITY ASSURANCE (QA). 1.4.1. CONTRACTING OFFICER'S REPRESENTATIVE (COR), PROJECT INSPECTOR (PI). Government personnel, with titles such as shown above shall be appointed to monitor contractor performance and to inspect and accept or reject the services as required by the contract. The name and telephone number of each such person under the contract will be furnished to the contractor in writing by the Contracting Officer. 1.4.2. GOVERNMENT EVALUATION. The government will evaluate the contractor's performance under this contract using the method of surveillance deemed appropriate. If the government QA reveals that any contract provision has not been met, a Contract Discrepancy Report (CDR) shall be prepared. The contractor shall respond to CDRs by completing the appropriate blocks explaining: (1) why performance was unacceptable, (2) how performance will be returned to acceptable levels, and (3) how recurrence of the problem will be prevented in the future. 1.4.3. PERFORMANCE EVALUATION MEETINGS. The contract manager may be required to meet periodically with the COR and the Contracting Officer during the contract. Meetings shall be as often as necessary as determined by the Contracting Officer. However, if the contractor requests, a meeting will be held whenever a Contract Discrepancy Report is issued. The meetings shall focus on performance and actual or potential problems. A mutual good faith effort shall be made by all parties to resolve all issues. The written minutes of these meeting shall be signed by the contract manager, Contracting Officer, and COR. If the contractor does not concur with the minutes, notice of non-concurrence shall be provided to the Contracting Officer. This notice shall be in writing and provided within seven work days of receipt of the minutes. 1.5. HOURS OF OPERATION 1.5.1. DAILY WORK HOURS. All required pickups shall be accomplished on Mondays, Wednesday and Friday for the self-contained compactors and on Monday, Wednesday, and Friday of each week for the front load dumpster/container. Services are expected to be performed between the hours of 6:00 AM and 10:00 AM, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. In the event the scheduled pick-up falls on a holiday the contractor coordinate with the COR to designate pickup for the next business day. All work schedules must be coordinated with the COR to include emergency pickups or unforeseen emergencies on the part of the contractor. 1.5.2. RECOGNIZED HOLIDAYS. The contractor is not required to provide service on the following Federal observed holidays: New Year's Day, Martin Luther King's birthday, Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, and Christmas Day. When a holiday falls on a Sunday, the following Monday is observed as a legal holiday by U.S. Government agencies. When a holiday falls on a Saturday, the preceding Friday is observed as a holiday by U.S. Government agencies. 1.6. PLACES OF PERFORMANCE 1.61. PLACES OF PERFORMANCE. Work under this contract shall be performed at the Dallas Veterans Hospital located at 4500 S. Lancaster Rd, Dallas, TX 75216, Hertzog Center located at 4900 S. Lancaster Rd, Dallas, TX 75216, 4243 S. Polk St, Dallas, TX 75224 1.6.2. SECURITY REQUIREMENTS. There are no specific security requirements for this contract. 1.6.3. PHYSICAL SECURITY. The Contractor shall be responsible for safeguarding all Government equipment, information and property provided for Contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured. 1.6.4. CONFIDENTIALITY AND NONDISCLOSURE It is agreed that: The preliminary and final deliverables and all associated working papers, electronic files, course materials and reports, and other material deemed relevant by the Government which has been generated by the Contractor in the performance of this service are the exclusive property of the U.S. Government and shall be submitted to the Contracting Officer at the conclusion of the contract. The Contracting Officer will be the sole authorized official to release verbally or in writing, any data, the draft deliverables, the final deliverables, or any other written or printed materials pertaining to this service. There shall be no information released by the Contractor. Any request for information relating to this contract presented to the Contractor shall be submitted to the Contracting Officer for response. Press releases, marketing material or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the Contracting Officer. PART 2 2.1.9. QUALITY ASSURANCE Surveillance Plan (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance. 2.1.10. QUALITY CONTROL: All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements. 2.1.11. SUBCONTRACTOR: One that enters into a contract with a prime Contractor. The Government does not have privy of contract with the subcontractor. 2.1.12. WORK DAY: The number of hours per day the Contractor provides services in accordance with the contract. 2.1.12. WORK WEEK: Monday through Friday, unless specified otherwise. PART 3 GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES 3. GOVERNMENT FURNISHED ITEMS AND SERVICES 3.1 The government has ownership of a Sani-pak compactor machine located at the rear of building 2, contractor has no obligation other than provide emptying service. PART 4 CONTRACTOR FURNISHED ITEMS AND SERVICES 4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES 4.1. GENERAL. The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this SOW. 4.2. EQUIPMENT/MATERIALS. The Contractor shall provide the appropriate containers and personnel to dispose of solid waste in accordance with the Performance Work Statement. The Contractor shall provide two (2) 20-yard compactors equipped with dead man switches, two (2) 30 cubic yard open containers, and twelve (12) 8 cubic yard closable containers. 4.3. FEDERAL, STATE, AND LOCAL REPORTING. The contractor is responsible for supplying, completing and submitting all reports required or requested by Federal, State or local ordinances, which pertain to any duties contained in the contract. 4.4. CONSERVATION OF UTILITIES. The contractor shall instruct employees in utilities' conservation practices and be responsible for operating under conditions which preclude the waste of utilities, which shall include: 4.4.1. LIGHTING. n/a 4.4.2. MECHANICAL EQUIPMENT. n/a 4.4.3. WATER USAGE. Water faucets or valves shall be turned off after the required usage has been accomplished. 4.5. DOCUMENTATION AND RECORDS. All documentation, records and schedules as described in this PWS that is the responsibility of the contractor, are the property of the government and shall be turned over to the government upon completion or termination of the contract. All records are subject to the Freedom of Information and Privacy Acts and any requests for release of any records shall be handled accordingly. 4.6. BUSINESS ASSOCIATES AGREEMENT (BAA). In accordance with the requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), this contract will require a Business Associate Agreement. The contractor will enter into a Business Associates Agreement (BAA) with the Department of Veterans Affairs, unless a previously executed BAA is on file. The BAA is an instrument that will hold the contractor liable for any release of confidential medical information by any of its employees. A copy of a BAA is provided in the Contract Documents, Exhibits, Or Attachments section. 4.7. POST AWARD CONFERENCE/PERIODIC PROGRESS MEETINGS. The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the contracting officer will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government. 4.8. KEY PERSONNEL. The following personnel are considered key personnel by the Government: The Contractor Representative s name and telephone number must be provided by the contractor with the proposal. The Contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the Contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 7:00 a.m. to 3:30p.m., Monday thru Friday except Federal holidays or when the Government facility is closed for administrative reasons. Please submit a resume of related jobs performed for all key personnel. 4.9. IDENTIFICATION OF CONTRACTOR EMPLOYEES. All contract personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed. Third parties must be able to identify that contractor personnel are employed by the contractor. PART 5 SPECIFIC TASKS 5. Specific Tasks: 5.1. BASIC SERVICES. The Contractor shall provide services for solid waste removal and furnish an adequate, covered containers (Dumpsters) in which the waste can be contained until carried away for disposal. The unit shall be designed to prevent leakage, minimizes odors, keep out insects, and other pests. The contractor will be responsible for the continued cleanliness of waste containers; there are no designated cleaning areas on the government complex. 5.2. PICKUP FREQUENCY. Solid Waste collection shall be performed as frequently as needed. Schedules shall be confirmed throughout the life of the contract and arrangements shall be made in the best interest of the VA. 5.2.1. SOLID WASTE PICKUP. Solid waste collection shall be performed 5 times per week, usually on Mondays through Fridays for compactors and three times per week for closed containers. The exception will be made for holidays and severe weather days. Schedules shall be confirmed throughout the life of the contract and arrangements shall be made in the best interest of the VA. 5.2.2 FAILURE TO RESPOND. If the Contractor fails to respond, within two (2) hours to an urgent request for pick-up services, or misses a scheduled pick-up; or fails to respond within two (2) hours to a request for repair of Contractor provided compactor equipment, a deduction of 1/30 of the rate that would be charged for the current month shall be taken for that day and for each twenty-four (24) hour period thereafter, that the requested service is not accomplished due to non-responsiveness. This penalty will be waived under unusual and extraordinary circumstances, those circumstances, those circumstances over which the Contractor has no control. Waiving of the penalty shall be at the discretion of the Contracting Officer with recommendation from the COR. 5.3. CONTAINER MAINTENANCE. Container should be steam cleaned, and disinfected before being place at the medical center. The facility shall not be without a no-spill self-contained container for more than fifteen (15) minutes. It shall be the Contractor s responsibility to ensure that all equipment/supplies and/or materials required during the performance of the work will comply with all Conformance Standards in the industry. All self-contained roll off compactors shall be designed for dock usage. The contractor also has the responsibility for maintaining/repairing the equipment/materials, supplies required at no cost to the VA. The containers shall be kept neat in appearance, repaired, painted when warranted (i.e. appearance of rust spots, stains, excessively chipped areas, etc.) and replaced immediately if broken or non-functional. Contractor must coordinate with the COR or his designated representative prior to performing any maintenance/repair work at this Facility and again upon completion of work prior to leaving the Facility. Contractor shall comply with all applicable Federal, State and local laws, Veterans Affairs rules and regulations and obtain all required permits applicable to its performance under this contract. For any maintenance repairs lasting more than one day, the contractor must provide an alternate (open top) container. Contractor must obtain a hot permit from Engineering Service located in Building 9 for any welding work. The contractor shall provide a self-contained unit. 5.3.1 REPAIR AND BACKUP COMPACTOR SERVICE. Should Contractor provided compacting equipment become inoperable, the Contractor shall be given notification that repair is needed. The Contractor shall respond within (2) hours after receiving the notification. If repair is estimated to take more than four (4) hours (from arrival of the service technician on site) to bring the compactor back to full performance, then the Contractor shall, at no additional charge to the Government, provide a 40-cubic yard open top container to be utilized until the compactor is placed back into full operation. The open top container shall then be removed and emptied at no additional charge to the Government. 5.4. CLEANLINESS. Contractor is responsible to pick up all (excess/spilled) solid waste or debris on the ground upon pulling the solid waste dumpsters away from the area. This is to be done before leaving the medical center premises prior to going to the landfill. 5.5. DOCUMENTATION. Provide weight documentation to EMS Service. PART 6 APPLICABLE PUBLICATIONS 6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS) 6.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures. Page 15 of 26 B.5 Price/Cost Schedule Item Information ITEM NUMBER DESCRIPTION OF SUPPLIES/SERVICES QTY UNIT UNIT PRICE AMOUNT 0001 8 cubic yard covered container 12 EA ___________ _____________ 0002 30 cubic yards open top container 2 EA ___________ ___________ 0003 20 cubic yard compactor 2 EA ___________ ___________ Base Period Total Amount Page 21 of 23 SECTION C - CONTRACT CLAUSES ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The following clauses are incorporated into 52.212-4 as an addendum to this contract: C.1 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996) (a) Definitions. "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. (End of Clause) C.2 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 30 days of contract expiration. (End of Clause) C.3 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 30 days of contract expiration.; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years and six (6) months. (End of Clause) C.4 52.219-14 LIMITATIONS ON SUBCONTRACTING (NOV 2011) (a) This clause does not apply to the unrestricted portion of a partial set-aside. (b) Applicability. This clause applies only to (1) Contracts that have been set aside or reserved for small business concerns or 8(a) concerns; (2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) concerns; and (3) Orders set aside for small business or 8(a) concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F). (c) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for (1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern. (2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials. (3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees. (4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees. (End of Clause) C.5 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) C.6 SUPPLEMENTAL INSURANCE REQUIREMENTS In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract: (a) Workers' compensation and employer s liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers. (b) General Liability: $500,000.00 per occurrences. (c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage. (d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage. (End of Clause) C.7 52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEVIATION) (AUG 2012) This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012. (a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor. (b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns. (c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. (End of Clause) C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor. (End of Clause) C.9 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (DEC 2009) (a) In an effort to achieve socioeconomic small business goals, depending on the evaluation factors included in the solicitation, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business status and their proposed use of eligible service-disabled veteran-owned small businesses and veteran-owned small businesses as subcontractors. (b) Eligible service-disabled veteran-owned offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the Service-Disabled Veteran-Owned and Veteran-owned Small Business Status evaluation factor. To receive credit, an offeror must be registered and verified in Vendor Information Pages (VIP) database. (http://www.VetBiz.gov). (c) Non-veteran offerors proposing to use service-disabled veteran-owned small businesses or veteran-owned small businesses as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be registered and verified in the VetBiz.gov VIP database (http://www.vetbiz.gov). (End of Provision) C.10 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses or veteran-owned small businesses proposed as subcontractors in accordance with 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more service-disabled veteran-owned small businesses or veteran-owned small businesses for subcontract work of the same or similar value. (End of Clause) C.11 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) (a) Definitions. As used in this clause (1) Contract financing payment has the meaning given in FAR 32.001. (2) Designated agency office has the meaning given in 5 CFR 1315.2(m). (3) Electronic form means an automated system transmitting information electronically according to the Accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests. (4) Invoice payment has the meaning given in FAR 32.001. (5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract. (b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required. (c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following: (1) VA s Electronic Invoice Presentment and Payment System. (See Web site at http://www.fsc.va.gov/einvoice.asp.) (2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org) includes additional information on EDI 810 and 811 formats. (d) Invoice requirements. Invoices shall comply with FAR 32.905. (e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for: (1) Awards made to foreign vendors for work performed outside the United States; (2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information; (3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies; (4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or (5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above. (End of Clause) C.12 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984) The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Louisiana. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from. (End of Clause) C.13 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority. A copy of the designation shall be furnished to the contractor. (End of Provision) FAR Number Title Date 52.232-18 AVAILABILITY OF FUNDS APR 1984 (End of Addendum to 52.212-4) C.14 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS COMMERCIAL ITEMS (NOV 2013) (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) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). [N/A] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). [N/A] (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). [N/A] (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (JUL 2010) (Pub. L. 111-5). [X] (6) 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). [N/A] (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). [N/A] (8) 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). [N/A] (9) 52.219-3, Notice of HUBZone Set-Aside or Sole Source Award (NOV 2011) (15 U.S.C. 657a). [N/A] (10) 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). [N/A] (11) [Reserved] [X] (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644). [N/A] (ii) Alternate I (NOV 2011). [N/A] (iii) Alternate II (NOV 2011). [N/A] (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). [N/A] (ii) Alternate I (Oct 1995) of 52.219-7. [N/A] (iii) Alternate II (Mar 2004) of 52.219-7. [X] (14) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)). [N/A] (15)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637(d)(4)). [N/A] (ii) Alternate I (Oct 2001) of 52.219-9. [N/A] (iii) Alternate II (Oct 2001) of 52.219-9. [N/A] (iv) Alternate III (JUL 2010) of 52.219-9. [N/A] (16) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)). [X] (17) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)). [N/A] (18) 52.219-16, Liquidated Damages Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). [N/A] (19)(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.) [N/A] (ii) Alternate I (June 2003) of 52.219-23. [N/A] (20) 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). [N/A] (21) 52.219-26, Small Disadvantaged Business Participation Program Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). [N/A] (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f). [X] (23) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)). [N/A] (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). [N/A] (25) 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] (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). [N/A] (27) 52.222-19, Child Labor Cooperation with Authorities and Remedies (NOV 2013) (E.O. 13126). [X] (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). [X] (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). [X] (30) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212). [X] (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). [X] (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). [X] (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). [X] (34) 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.) [N/A] (35)(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.) [N/A] (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.) [N/A] (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b). [N/A] (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). [N/A] (ii) Alternate I (DEC 2007) of 52.223-16. [X] (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [N/A] (39) 52.225-1, Buy American Act Supplies (FEB 2009) (41 U.S.C. 10a-10d). [N/A] (40)(i) 52.225-3, Buy American Act Free Trade Agreements Israeli Trade Act (NOV 2012) (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). [N/A] (ii) Alternate I (MAR 2012) of 52.225-3. [N/A] (iii) Alternate II (MAR 2012) of 52.225-3. [N/A] (iv) Alternate III (NOV 2012) of 52.225-3. [N/A] (41) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [X] (42) 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). [N/A] (43) 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). [N/A] (44) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). [N/A] (45) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). [N/A] (46) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). [N/A] (47) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). [N/A] (48) 52.232-33, Payment by Electronic Funds Transfer System for Award Management (Jul 2013) (31 U.S.C. 3332). [X] (49) 52.232-34, Payment by Electronic Funds Transfer Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). [N/A] (50) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332). [N/A] (51) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). [N/A] (52)(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). [N/A] (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [X] (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). [X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). Employee Class Monetary Wage-Fringe Benefits WL - WS 6 $17.72 WL - WS 7 $19.13 [X] (3) 52.222-43, Fair Labor Standards Act and Service Contract Act Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). [N/A] (4) 52.222-44, Fair Labor Standards Act and Service Contract Act Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). [N/A] (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Requirements (Nov 2007) (41 U.S.C. 351, et seq.). [N/A] (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services Requirements (FEB 2009) (41 U.S.C. 351, et seq.). [X] (7) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.13495). [N/A] (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110-247) [N/A] (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) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (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 (JAN 2013) (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 Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (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 Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Requirements "(Nov 2007)" (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (FEB 2009)(41 U.S.C. 351, et seq.). (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. (MAR 2009)(Pub. L. 110-247). 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)
 

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