J– Service Contract for Waste Removal Services
Notice Type: Amendment to Combined Synopsis/Solicitation
Posted Date:
Office Address:
Subject: J-- Service Contract for Waste Removal Services
Classification Code: J - Maintenance, repair & rebuilding of equipment
Solicitation Number: 36C25718Q9862
Contact:
Setaside: Service-Disabled Veteran-Owned Small BusinessService-Disabled Veteran-Owned Small Business
Place of Performance (address):
Place of Performance (zipcode): 75216
Place of Performance Country:
Description:
Page 1 of 23The 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
Previous Quote Submission Date:
Quotes must be received no later than
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 (
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 (
52.222-42, Statement of Equivalent Rates for Federal Hires (
52.222-43, Fair Labor Standards Act and Service Contract Labor Standards Price Adjustment (Multiple Year and Option Contracts) (
52.222-55, Minimum Wages Under Executive Order 13658 (
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 (
52.232-33, Payment by Electronic Funds Transfer-System for Award Management
52.237-3 Continuity of Services (
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,
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,
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,
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 (
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
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 [email protected], no later than
Quotes must be received no later than
Quote should be broken down as follows:
ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT
AMOUNT
0001
Waste Management Removal for VA North Texas Dallas Location
Period: Base
POP Begin:
POP End:
1.00
YR
$
$
0002
Waste Management Removal for VA North Texas Dallas Location
Period: Option Year 1
POP Begin:
POP End:
1.00
YR
$
$
0003
Waste Management Removal for VA North Texas Dallas Location
Period: Option Year 2
POP Begin:
POP End:
1.00
YR
$
$
0004
Waste Management Removal for VA North Texas Dallas Location
Period: Option Year 3
POP Begin:
POP End:
1.00
YR
$
$
0005
Waste Management Removal for VA North Texas Dallas Location
Period: Option Year 4
POP Begin:
POP End:
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
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
1.1.3.
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
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
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
1.5.2. RECOGNIZED HOLIDAYS. The contractor is not required to provide service on the following Federal observed holidays:
1.6. PLACES OF PERFORMANCE
1.61. PLACES OF PERFORMANCE. Work under this contract shall be performed at the
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
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.
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
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
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
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
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
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
Item Information
ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QTY
UNIT
UNIT
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-
(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 (
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 (
(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 (
(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 (
(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
(b) General Liability:
(c) Automobile liability:
(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) (
This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated
(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 (
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
(End of Clause)
C.9 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (
(a) In an effort to achieve socioeconomic small business goals, depending on the evaluation factors included in the solicitation,
(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 (
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 (
(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)
(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the
(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
(1) Awards made to foreign vendors for work performed outside
(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
(5) Solicitations or contracts in which the
(End of Clause)
C.12 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (
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
(End of Clause)
C.13 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (
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
(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 (
(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 (
Alternate I (
(2) 52.233-3, Protest After Award (
(3) 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:
[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (
[N/A] (2) 52.203-13,
[N/A] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (
[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (
[N/A] (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (
[X] (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (
[N/A] (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (
[N/A] (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (
[N/A] (9) 52.219-3, Notice of HUBZone Set-Aside or Sole Source Award (
[N/A] (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (
[N/A] (11) [Reserved]
[X] (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (
[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 (
[N/A] (ii) Alternate I (
[N/A] (iii) Alternate II (
[X] (14) 52.219-8, Utilization of Small Business Concerns (
[N/A] (15)(i) 52.219-9, Small Business Subcontracting Plan (
[N/A] (ii) Alternate I (
[N/A] (iii) Alternate II (
[N/A] (iv) Alternate III (
[N/A] (16) 52.219-13, Notice of Set-Aside of Orders (
[X] (17) 52.219-14, Limitations on Subcontracting (
[N/A] (18) 52.219-16, Liquidated Damages Subcontracting Plan (
[N/A] (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (
[N/A] (ii) Alternate I (
[N/A] (20) 52.219-25, Small Disadvantaged Business Participation Program Disadvantaged Status and Reporting (
[N/A] (21) 52.219-26, Small Disadvantaged Business Participation Program Incentive Subcontracting (
[N/A] (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (
[X] (23) 52.219-28, Post Award Small Business Program Rerepresentation (
[N/A] (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (
[N/A] (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (
[X] (26) 52.222-3, Convict Labor (
[N/A] (27) 52.222-19, Child Labor Cooperation with Authorities and Remedies (
[X] (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
[X] (29) 52.222-26, Equal Opportunity (
[X] (30) 52.222-35, Equal Opportunity for Veterans (
[X] (31) 52.222-36, Affirmative Action for Workers with Disabilities (
[X] (32) 52.222-37, Employment Reports on Veterans (
[X] (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (
[X] (34) 52.222-54, Employment Eligibility Verification (
[N/A] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for
[N/A] (ii) Alternate I (
[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 (
[N/A] (ii) Alternate I (
[X] (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (
[N/A] (39) 52.225-1,
[N/A] (40)(i) 52.225-3, Buy American Act Free Trade Agreements Israeli Trade Act (
[N/A] (ii) Alternate I (
[N/A] (iii) Alternate II (
[N/A] (iv) Alternate III (
[N/A] (41) 52.225-5, Trade Agreements (
[X] (42) 52.225-13, Restrictions on Certain Foreign Purchases (
[N/A] (43) 52.225-26, Contractors Performing Private Security Functions Outside the United States (
[N/A] (44) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (
[N/A] (45) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (
[N/A] (46) 52.232-29, Terms for Financing of Purchases of Commercial Items (
[N/A] (47) 52.232-30, Installment Payments for Commercial Items (
[N/A] (48) 52.232-33, Payment by Electronic Funds Transfer System for Award Management (
[X] (49) 52.232-34, Payment by Electronic Funds Transfer Other than System for Award Management (
[N/A] (50) 52.232-36, Payment by Third Party (
[N/A] (51) 52.239-1, Privacy or Security Safeguards (
[N/A] (52)(i) 52.247-64, Preference for Privately Owned
[N/A] (ii) Alternate I (
(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 (
[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (
Employee Class
Monetary Wage-Fringe Benefits
WL - WS 6
WL - WS 7
[X] (3) 52.222-43, Fair Labor Standards Act and Service Contract Act Price Adjustment (Multiple Year and Option Contracts) (
[N/A] (4) 52.222-44, Fair Labor Standards Act and Service Contract Act Price Adjustment (
[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 (
[N/A] (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services Requirements (
[X] (7) 52.222-17,
[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
(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) 52.219-8, Utilization of Small Business Concerns (
(iii) 52.222-17,
(iv) 52.222-26, Equal Opportunity (
(v) 52.222-35, Equal Opportunity for Veterans (
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (
(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (
(viii) 52.222-41, Service Contract Act of 1965 (
(ix) 52.222-50, Combating Trafficking in Persons (
Alternate I (
(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Requirements "(
(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (FEB 2009)(41 U.S.C.
(xii) 52.222-54, Employment Eligibility Verification (AUG 2013).
(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (
(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
(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)
Link/URL: https://www.fbo.gov/spg/VA/VANTHCS/VANTHCS/36C25718Q9862/listing.html
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