Gas Utility Service
Notice Type: Combine Solicitation
Posted Date:
Office Address:
Subject: Gas Utility Service
Classification Code: S - Utilities and housekeeping services
Solicitation Number: N0018319Q0084
Contact:
Setaside: N/AN/A
Place of Performance (address):
Place of Performance (zipcode): 23708
Place of Performance Country: US
Description:
Section A - Solicitation/Contract Form CONTRACTOR INFORMATION TIN: CAGE: DUNS:
Billing/Payment in Arrears.
Naval Medical Center Contracting POC: Harold Woodley Phone: 757-953-7276 Fax: 757-953-5006 Email: [email protected]
Product/Services for:
Vendor to reference RFQ number N0018319Q0084 on all inquires.
Note: Vendor will be required to provide billing electronically via the WAWF Electronic Invoicing Method. For additional information, a review of the following web sites may be required: https://wawf.eb.mil http://wawftraining Email: [email protected]
PROMPT PAYMENT For Prompt Payment Act Purposes, this contract is: Subject to the 7-calender day constructive acceptance period.
Vendor note: 1. Government to award on an "all-or-none" basis. 2. Award to be best value based upon past performance and price. 3. Vendor past performance shall include the delivery of same or similar service for the items as described in Section B of the RFQ. 4. Vendor quote to be inclusive of all parts, labor and travel
AVAILABILITY OF FUNDS. Pursuant to Section I, Availability of Funds (FAR 52.232-18), of the contract, funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing to the Contracting Officer.
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 12 Months Utility Service FFP for
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0002 12 Months Utility Services FFP for
NET AMT
Section C - Descriptions and Specifications
STATEMENT OF REQUIREMENTS STATEMENT OF REQUIREMENTS
The vendor shall provide Natural Gas via a pipeline distribution system to the
CONTRACTOR UNCLASSIFIED ACCESS Contractor Unclassified Access to Federally Controlled Facilities, Sensitive Information, Information Technology (IT) Systems or Protected Health Information (
Homeland Security Presidential Directive (HSPD)-12, requires government agencies to develop and implement Federal security standards for Federal employees and contractors. The Deputy Secretary of Defense Directive-Type Memorandum (DTM) 08-006 - "DoD Implementation of Homeland Security Presidential Directive - 12 (HSPD-12)" dated
APPLICABILITY
This text applies to contractor employees requiring physical access to any area of a federally controlled base, facility or activity and/or requiring access to a DoN or
ACCESS TO FEDERAL FACILITIES
Per HSPD-12 and implementing guidance, all contractor employees working at a federally controlled base, facility or activity under this clause will require a DoD CAC. When access to a base, facility or activity is required contractor employees shall in-process with the Command's Security Manager upon arrival to the Command and shall out-process prior to their departure at the completion of the individual's performance under the contract.
ACCESS TO DOD IT SYSTEMS
In accordance with SECNAV M-5510.30, contractor employees who require access to DoN or
Contractor employees requiring privileged or IT-I level access, (when specified by the terms of the contract) require a Single Scope Background Investigation (SSBI) or T5 or T5R equivalent investigation , which is a higher level investigation than the National Agency Check with Law and Credit (NACLC)/T3/T3R described below. Due to the privileged system access, an investigation suitable for High Risk national security positions is required. Individuals who have access to system control, monitoring, or administration functions (e.g. system administrator, database administrator) require training and certification to Information Assurance Technical Level 1, and must be trained and certified on the Operating System or Computing Environment they are required to maintain.
Access to sensitive IT systems is contingent upon a favorably adjudicated background investigation. When access to IT systems is required for performance of the contractor employee's duties, such employees shall in-process with the Navy Command's Security Manager and Information Assurance Manager upon arrival to the
The SAAR-N shall be forwarded to the Command's Security Manager at least 30 days prior to the individual's start date. Failure to provide the required documentation at least 30 days prior to the individual's start date may result in delaying the individual's start date. When required to maintain access to required IT systems or networks, the contractor shall ensure that all employees requiring access complete annual Information Assurance (IA) training, and maintain a current requisite background investigation. The Contractor's Security Representative shall contact the Command Security Manager for guidance when reinvestigations are required.
INTERIM ACCESS
The Command's Security Manager may authorize issuance of a DoD CAC and interim access to a DoN or
DENIAL OR TERMINATION OF ACCESS
The potential consequences of any requirement under this clause including denial or termination of physical or system access in no way relieves the contractor from the requirement to execute performance under the contract within the timeframes specified in the contract. Contractors shall plan ahead in processing their employees and subcontractor employees. The contractor shall insert this clause in all subcontracts when the subcontractor is permitted to have unclassified access to a federally controlled facility, federally-controlled information system/network and/or to government information, meaning information not authorized for public release.
CONTRACTOR'S SECURITY REPRESENTATIVE
The contractor shall designate an employee to serve as the Contractor's Security Representative. Within three work days after contract award, the contractor shall provide to the requiring activity's Security Manager and the Contracting Officer, in writing, the name, title, address and phone number for the Contractor's Security Representative. The Contractor's Security Representative shall be the primary point of contact on any security matter. The Contractor's Security Representative shall not be replaced or removed without prior notice to the Contracting Officer and Command Security Manager.
BACKGROUND INVESTIGATION REQUIREMENTS AND SECURITY APPROVAL PROCESS FOR CONTRACTORS ASSIGNED TO NATIONAL SECURITY POSITIONS OR PERFORMING SENSITIVE DUTIES
* SF-86 Questionnaire for National Security Positions (or equivalent OPM investigative product) * Two FD-258 Applicant Fingerprint Cards (or an electronic fingerprint submission) * Original Signed Release Statements
Failure to provide the required documentation at least 30 days prior to the individual's start date shall result in delaying the individual's start date. Background investigations shall be reinitiated as required to ensure investigations remain current (not older than 10 years) throughout the contract performance period. The Contractor's Security Representative shall contact the Command Security Manager for guidance when reinvestigations are required.
Regardless of their duties or IT access requirements ALL contractor employees shall in-process with the Command's Security Manager upon arrival to the command and shall out-process prior to their departure at the completion of the individual's performance under the contract. Employees requiring IT access shall also check-in and check-out with the Navy Command's Information Assurance Manager. Completion and approval of a
If the contractor employee already possesses a current favorably adjudicated investigation, the contractor shall submit a Visit Authorization Request (VAR) via the Joint Personnel Adjudication System (JPAS) or a hard copy VAR directly from the contractor's Security Representative. Although the contractor will take JPAS "Owning" role over the contractor employee, the Command will take JPAS "Servicing" role over the contractor employee during the hiring process and for the duration of assignment under that contract. The contractor shall include the IT Position Category per SECNAV M-5510.30 for each employee designated on a VAR. The VAR requires annual renewal for the duration of the employee's performance under the contract.
NMCARS NMCARS 5237.102-90 Enterprise-wide Contractor Manpower Reporting Application (ECMRA) The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for
(1) W, Lease/Rental of Equipment; (2) X, Lease/Rental of Facilities; (3) Y, Construction of Structures and Facilities; (4) D,
The contractor is required to completely fill in all required data fields using the following web address https://www.ecmra.mil.
Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs
(End of Text) Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY 0001 Destination Government Destination Government 0002 Destination Government Destination Government Section F - Deliveries or Performance
DOCK DELIVERY Naval Medical Center Portsmouth (NMCP) Receiving
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC / CAGE 0001 POP
CLAUSES INCORPORATED BY REFERENCE
52.242-15 Stop-Work Order
PAYMENT INFORMATION Submit invoices to:
Charles K. Lovell Supervisor Financial Technician Receipt Control
Section H - Special Contract Requirements
PRIVACY & SECURITY FOR PHI PRIVACY AND SECURITY OF PROTECTED HEALTH INFORMATION
1. Introduction
In accordance with
a. Definitions. As used in this clause generally refer to the Code of Federal Regulations (CFR) definition unless a more specific provision exists in
(1) HITECH Act shall mean the Health Information Technology for Economic and Clinical Health Act included in the American Recovery and Reinvestment Act of 2009.
(2) Individual has the same meaning as the term "individual" in 45 CFR 160.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR 164.502(g).
(3) Privacy Rule means the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E.
(4) Protected Health Information has the same meaning as the term "protected health information" in 45 CFR 160.103, limited to the information created or received by the Business Associate from or on behalf of the Government pursuant to the Contract.
(5) Electronic Protected Health Information has the same meaning as the term "electronic protected health information" in 45 CFR 160.103.
(6) Required by Law has the same meaning as the term "required by law" in 45 CFR 164.103.
(7) Secretary means the Secretary of the
(8) Security Incident will have the same meaning as the term "security incident" in 45 CFR 164.304, limited to the information created or received by Business Associate from or on behalf of Covered Entity.
(9) Security Rule means the Health Insurance Reform: Security Standards at 45 CFR part 160, 162 and part 164, subpart C.
(10) Terms used, but not otherwise defined, in this Clause shall have the same meaning as those terms in 45 CFR 160.103, 160.502, 164.103, 164.304, and 164.501.
b. The Business Associate shall not use or further disclose Protected Health Information other than as permitted or required by the Contract or as Required by Law.
c. The Business Associate shall use appropriate safeguards to maintain the privacy of the Protected Health Information and to prevent use or disclosure of the Protected Health Information other than as provided for by this Contract.
d. The HIPAA Security administrative, physical, and technical safeguards in 45 CFR 164.308, 164.310, and 164.312, and the requirements for policies and procedures and documentation in 45 CFR 164.316 shall apply to Business Associate. The additional requirements of Title XIII of the HITECH Act that relate to the security and that are made applicable with respect to covered entities shall also be applicable to Business Associate. The Business Associate agrees to use administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the electronic protected health information that it creates, receives, maintains, or transmits in the execution of this Contract.
e. The Business Associate shall, at their own expense, take action to mitigate, to the extent practicable, any harmful effect that is known to the Business Associate of a use or disclosure of Protected Health Information by the Business Associate in violation of the requirements of this Clause. These mitigation actions will include as a minimum those listed in the TMA Breach Notification Standard Operating Procedure (SOP), which is available at: http://www.tricare.mil/tmaprivacy/breach.cfm
f. The Business Associate shall report to the Government any security incident involving protected health information of which it becomes aware.
g. The Business Associate shall report to the Government any use or disclosure of the Protected Health Information not provided for by this Contract of which the Business Associate becomes aware.
h. The Business Associate shall ensure that any agent, including a sub Business Associate, to whom it provides Protected Health Information received from, or created or received by the Business Associate, on behalf of the Government, agrees to the same restrictions and conditions that apply through this Contract to the Business Associate with respect to such information.
i. The Business Associate shall ensure that any agent, including a subBusiness Associate, to whom it provides electronic Protected Health Information, agrees to implement reasonable and appropriate safeguards to protect it.
j. The Business Associate shall provide access, at the request of the Government, and in the time and manner reasonably designated by the Government to Protected Health Information in a Designated Record Set, to the Government or, as directed by the Government, to an Individual in order to meet the requirements under 45 CFR 164.524.
k. The Business Associate shall make any amendment(s) to Protected Health Information in a Designated Record Set that the Government directs or agrees to pursuant to 45 CFR 164.526 at the request of the Government, and in the time and manner reasonably designated by the Government.
l. The Business Associate shall make internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by the Business Associate, on behalf of the Government, available to the Government, or at the request of the Government to the Secretary, in a time and manner reasonably designated by the Government or the Secretary, for purposes of the Secretary determining the Government's compliance with the Privacy Rule.
m. The Business Associate shall document such disclosures of Protected Health Information and information related to such disclosures as would be required for the Government to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528.
n. The Business Associate shall provide to the Government or an Individual, in time and manner reasonably designated by the Government, information collected in accordance with this Clause of the Contract, to permit the Government to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528.
2. General Use and Disclosure Provisions
Except as otherwise limited in this Clause, the Business Associate may use or disclose Protected Health Information on behalf of, or to provide services to, the Government for treatment, payment, or healthcare operations purposes, in accordance with the specific use and disclosure provisions below, if such use or disclosure of Protected Health Information would not violate the HIPAA Privacy Rule, the HIPAA Security Rule,
3. Specific Use and Disclosure Provisions
a. Except as otherwise limited in this Clause, the Business Associate may use Protected Health Information for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate. b. Except as otherwise limited in this Clause, the Business Associate may disclose Protected Health Information for the proper management and administration of the Business Associate, provided that disclosures are required by law, or the Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.
c. Except as otherwise limited in this Clause, the Business Associate may use Protected Health Information to provide Data Aggregation services to the Government as permitted by 45 CFR 164.504(e)(2)(i)(B).
d. Business Associate may use Protected Health Information to report violations of law to appropriate Federal and State authorities, consistent with 45 CFR 164.502(j)(1).
4. Obligations of the Government
Provisions for the Government to Inform the Business Associate of Privacy Practices and Restrictions
a. The Government shall provide the Business Associate with the notice of privacy practices that the Government produces in accordance with 45 CFR 164.520.
b. The Government shall provide the Business Associate with any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, if such changes affect the Business Associate's permitted or required uses and disclosures.
c. The Government shall notify the Business Associate of any restriction to the use or disclosure of Protected Health Information that the Government has agreed to in accordance with 45 CFR 164.522.
5. Permissible Requests by the Government
The Government shall not request the Business Associate to use or disclose Protected Health Information in any manner that would not be permissible under the HIPAA Privacy Rule, the HIPAA Security Rule, or any applicable Government regulations (including without limitation,
6. Termination
a. Termination. A breach by the Business Associate of this clause, may subject the Business Associate to termination under any applicable default or termination provision of this Contract.
b. Effect of Termination.
(1) If this contract has records management requirements, the records subject to the Clause should be handled in accordance with the records management requirements. If this contract does not have records management requirements, the records should be handled in accordance with paragraphs (2) and (3) below
(2) If this contract does not have records management requirements, except as provided in paragraph (3) of this section, upon termination of this Contract, for any reason, the Business Associate shall return or destroy all Protected Health Information received from the Government, or created or received by the Business Associate on behalf of the Government. This provision shall apply to Protected Health Information that agents of the Business Associate may come in contact. The Business Associate shall retain no copies of the Protected Health Information.
(3) If this contract does not have records management provisions and the Business Associate determines that returning or destroying the Protected Health Information is infeasible, the Business Associate shall provide to the Government notification of the conditions that make return or destruction infeasible. Upon mutual agreement of the Government and the Business Associate that return or destruction of Protected Health Information is infeasible, the Business Associate shall extend the protections of this Contract to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as the Business Associate maintains such Protected Health Information.
7. Miscellaneous
a. Regulatory References. A reference in this Clause to a section in
c. Interpretation. Any ambiguity in this Clause shall be resolved in favor of a meaning that permits the Government to comply with
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities
CLAUSES INCORPORATED BY FULL TEXT
52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS--REPRESENTATION (
(End of provision)
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (
(End of clause)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (
(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by
(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(4) 52.233-3, Protest After Award (
(5) 52.233-4, Applicable Law for Breach of Contract Claim (
(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: (Contracting Officer check as appropriate.)
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (
____ (2) 52.203-13,
____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (
XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (
___ (5) [Reserved]
___ (6) 52.204-14, Service Contract Reporting Requirements (
XX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (
____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (
____ (10) [Reserved]
____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (
____ (ii) Alternate I (
____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (
____ (13) [Reserved]
____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (
____ (ii) Alternate I (NOV 2011).
____ (iii) Alternate II (NOV 2011).
____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (
____ (ii) Alternate I (
____ (iii) Alternate II (
____ (16) 52.219-8, Utilization of Small Business Concerns (
____ (17)(i) 52.219-9, Small Business Subcontracting Plan (
____ (ii) Alternate I (
____ (iii) Alternate II (
____ (iv) Alternate III (
____ (v) Alternate IV (
____ (18) 52.219-13, Notice of Set-Aside of Orders (
____ (19) 52.219-14, Limitations on Subcontracting (
____ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (
____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (
____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (
____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (
XX (25) 52.222-3, Convict Labor (
XX(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (
XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
XX (28)(i) 52.222-26, Equal Opportunity (
____ (ii) Alternate I (
____ (31) 52.222-37, Employment Reports on Veterans (
____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (
XX (33)(i) 52.222-50, Combating Trafficking in Persons (
____ (ii) Alternate I (
____ (34) 52.222-54, Employment Eligibility Verification (
____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for
____ (ii) Alternate I (
____ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (
____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (
XX (38) (i) 52.223-13, Acquisition of EPEAT(R) Registered Imaging Equipment (
____ (ii) Alternate I (
____ (39)(i) 52.223-14, Acquisition of EPEAT(R) Registered Televisions (
____ (ii) Alternate I (
____ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (
____ (41)(i) 52.223-16, Acquisition of EPEAT(R)-Registered Personal Computer Products (
____ (ii) Alternate I (
XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (
____ (43) 52.223-20, Aerosols (
____ (44) 52.223-21, Foams (
____ (45)(i) 52.224-3, Privacy Training (
____ (ii) Alternate I (
____ (46) 52.225-1, Buy American'upplies (
____ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (
____ (ii) Alternate I (
____ (iii) Alternate II (
____ (iv) Alternate III (
____ (48) 52.225-5, Trade Agreements (
XX (49) 52.225-13, Restrictions on Certain Foreign Purchases (
____ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (
____ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (
____ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (
____ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (
____ (54) 52.232-30, Installment Payments for Commercial Items (
XX (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (
____ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (
____ (57) 52.232-36, Payment by Third Party (
____ (58) 52.239-1, Privacy or Security Safeguards (
____ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).
____ (60)(i) 52.247-64, Preference for Privately Owned
(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: (Contracting Officer check as appropriate.)
_____ (1) 52.222-17,
_____ (2) 52.222-41, Service Contract Labor Standards (
_____ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (
_____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (
_____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (
_____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (
_____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (
_____(8) 52.222-55, Minimum Wages Under Executive Order 13658 (
_____ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (
_____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (
(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
(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,
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by
(iv) 52.219-8, Utilization of Small Business Concerns (
(v) 52.222-17,
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (
(viii) 52.222-35, Equal Opportunity for Veterans (
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (
(x) 52.222-37, Employment Reports on Veterans (
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (
(xii) 52.222-41, Service Contract Labor Standards (
(xiii) _____ (A) 52.222-50, Combating Trafficking in Persons (
_____ (B) Alternate I (
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (
(xvi) 52.222-54, Employment Eligibility Verification (
(xvii)52.222-55, Minimum Wages Under Executive Order 13658 (
(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (
(xxii) 52.247-64, Preference for Privately-Owned
(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)
52.213-2 INVOICES (
The Contractor's invoices must be submitted before payment can be made. The Contractor will be paid on the basis of the invoice, which must state (a) the starting and ending dates of the subscription delivery, and (b) either that orders have been placed in effect for the addressees required, or that the orders will be placed in effect upon receipt of payment.
(End of clause)
52.232-18 AVAILABILITY OF FUNDS (
Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.
(End of clause)
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):
(End of provision)
52.252-2 CLAUSES INCORPORATED BY REFERENCE (
(End of clause)
252.204-7006 BILLING INSTRUCTIONS (
When submitting a request for payment, the Contractor shall--
(a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and
(b) Separately identify a payment amount for each contract line item included in the payment request.
(End of clause)
252.232-7001 DISPOSITION OF PAYMENTS (
Payment will be by a dual payee
(End of clause) Section K - Representations, Certifications and Other Statements of Offerors
CLAUSES INCORPORATED BY REFERENCE
52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation
CLAUSES INCORPORATED BY FULL TEXT
52.204-3 TAXPAYER IDENTIFICATION (
(a) Definitions.
Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.
Taxpayer Identification Number (TIN), as used in this provision, means the number required by the
(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the
(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with
(d) Taxpayer Identification Number (TIN).
___ TIN:.--------------------------------------------------------
___ TIN has been applied for.
___ TIN is not required because:
___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in
___ Offeror is an agency or instrumentality of a foreign government;
___ Offeror is an agency or instrumentality of the Federal Government.
(e) Type of organization.
___ Sole proprietorship;
___ Partnership;
___ Corporate entity (not tax-exempt);
___ Corporate entity (tax-exempt);
___ Government entity (Federal, State, or local);
___ Foreign government;
___ International organization per 26 CFR 1.6049-4;
___ Other--------------------------------------------------------
(f) Common parent.
___ Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.
___
TIN--------------------------------------------------------------------
(End of provision)
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-- (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that-- (1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
(End of provision)
52.222-18 CERTIFICATION REGARDING KNOWLEDGE OF CHILD LABOR FOR LISTED END PRODUCTS (
(a) Definition.
Forced or indentured child labor means all work or service--
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
(b) Listed end products. The following end product(s) being acquired under this solicitation is (are) included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, identified by their country of origin. There is a reasonable basis to believe that listed endproducts from the listed countries of origin may have been mined, produced, or manufactured by forced or indentured child labor.
Listed End Product
---------------------------------------------------------------------- ----------------------------------------------------------------------
Listed Countries of Origin
---------------------------------------------------------------------- ----------------------------------------------------------------------
(c) Certification. The Government will not make award to an offeror unless the offeror, by checking the appropriate block, certifies to either paragraph (c)(1) or paragraph (c)(2) of this provision.
( ) (1) The offeror will not supply any end product listed in paragraph (b) of this provision that was mined, produced, or manufactured in a corresponding country as listed for that end product.
( ) (2) The offeror may supply an end product listed in paragraph (b) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture such end product. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.
(End of provision)
52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (
The offeror represents that --
(a) ( ) It has, ( ) has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;
(b) ( ) It has, ( ) has not, filed all required compliance reports; and
(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.
(End of provision)
52.222-25 AFFIRMATIVE ACTION COMPLIANCE (
The offeror represents that
(a) [ ] it has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or
(b) [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(End of provision) Section L - Instructions, Conditions and Notices to Bidders
CLAUSES INCORPORATED BY REFERENCE
52.214-34 Submission Of Offers In The English Language
Link/URL: https://www.fbo.gov/spg/DON/BUMED/N00183/N0018319Q0084/listing.html
Jon Stewart just reminded us ; how outrage is supposed to work
Asian Development Bank: Multilateral Development Banks Climate Finance Hit Record High of $43.1 Billion in 2018
Advisor News
- Overcoming the indecision of prospects
- What issues top consumers’ list of financial goals for 2025?
- 3 issues investors must be aware of in 2025
- More Americans plan to focus on finances in 2025
- Americans’ saving, investment product savvy improves, study finds
More Advisor NewsAnnuity News
- Sapiens wins XCelent award for Customer Base and Support for UnderwritingPro for Life & Annuities
- SB 263 expected to bring chaos to Calif. insurance, annuity sales come Jan. 1
- Lincoln Financial hires industry veteran Tom Morelli as Vice President, Investment Distribution
- Structured settlements protect young injury victims | H. Dennis Beaver
- MetLife Inc. (NYSE: MET) Highlighted for Surprising Price Action
More Annuity NewsHealth/Employee Benefits News
- Insurers Continue to Rely on Doctors Whose Judgments Have Been Criticized by Courts
- Editorial: Here are our views on new Illinois laws on everything from your health care coverage to your Netflix subscription
- Why filling job openings will be crucial for Connecticut's economy in 2025
- Economists: Rural Uninsured Rates Likely to Rise if ACA Premium Tax Credits Expire
- From Augsta: Approaching deadline to enroll in affordable health care plans
More Health/Employee Benefits NewsLife Insurance News
- Exemption Application under Investment Company Act (Form 40-APP/A)
- AM Best Assigns Credit Ratings to Min Xin Insurance Company Limited
- Proxy Statement (Form DEF 14A)
- Prudential Financial Completes Guaranteed Universal Life Reinsurance Transaction With Wilton Re and Completes Internal Captive Restructure
- South Carolina bars A-Cap insurers from writing new policies in 2025
More Life Insurance News