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Y--VISN MINOR: Construct Stand Alone Community Living Center

Department of Veterans Affairs, Asheville VAMC | Published April 2, 2015  -  Deadline June 18, 2015
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Synopsis: The Fayetteville Veterans Affairs Medical Center located in Fayetteville, North Carolina is in need of a contractor to provide all labor, tools, equipment, transportation, materials, and incidentals required to Construct Stand Alone Community Living Center (CLC) that is complete and functional as indicated in specifications and drawings; which will be provided in the solicitation. Interested contractors should watch for the issuance of the solicitation which will have specific instructions and requirements associated with this procurement. The tentative date for issuing the solicitation is on or about May 15, 2015 with a bid opening on or about June 16, 2015. THESE ARE ONLY TENTATIVE DATES. It is bidder's responsibility to check FBO for actual release of solicitation. The solicitation will have specific dates, times, and locations for the bid opening and site visit. The magnitude of construction per VAAR Part 836 is between $5,000,000.00 and $10,000,000.00. This is a 100% SDVOSB set-aside. The NAICS Code for this procurement is 236220, Commercial and Institutional Building Construction, with a maximum business size standard of $36.5 Million. All interested parties must be verified in VETBIZ as an SDVOSB prior to submitting a bid. This is a PRESOLICITATION NOTICE only. This is not a request for pricing at this time. No phone calls please.

Z--Renovate 25 Bed Medical Surgical Unit

Department of Veterans Affairs, Fayetteville (NC) VAMC | Published November 6, 2015  -  Deadline December 21, 2015
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The Fayetteville Veterans Affairs Medical Center located in Fayetteville, NC is in need of a contractor experienced in commercial and institutional building construction to provide all materials, equipment, and labor to complete project "Renovate 2nd floor for a 25 Bed Medical Surgical Unit". Work includes general construction, alterations, civil and plumbing work, and utility systems necessary to modify the existing area including complete gutting of the existing space. This is a Pre-solicitation only. Interested contractors should watch for the issuance of the solicitation which will have specific instructions and requirements associated with this procurement. The tentative date for issuing the solicitation is November 20, 2015 with a bid opening on or about December 21, 2015. These are only tentative dates. The solicitation will have specific dates, times, and locations for the bid opening and site visit. The magnitude of construction per VAAR Part 836 is between $5,000,000.00 and $10,000,000.00. This is a 100% SDVOSB set-aside. The NAICS Code for this procurement is 236220 (Commercial and Institutional Building Construction) with a maximum business size standard of $36.5 Million. All interested parties must be verified in VETBIZ and visible on the VETBIZ website (https://www.vip.vetbiz.gov/) as an SDVOSB prior to submitting a bid. Interested vendors are encouraged to check the VETBIZ website to ensure they are visible to the contracting officer. This is a PRE-SOLICITATION NOTICE only. This is not a request for pricing at this time. No phone calls please.

Z--Renovate/Expand Surgical Suite

Department of Veterans Affairs, Fayetteville (NC) VAMC | Published January 21, 2015  -  Deadline March 10, 2015
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The Fayetteville Veterans Affairs Medical Center located in Fayetteville, NC is in need of a contractor experienced in commercial and institutional building construction to provide all materials, equipment, and labor to complete project "Renovate/Expand Surgical Suite". Work includes general construction, alterations, civil and plumbing work, utility systems, necessary to modify the existing area including complete gutting of the existing space. This is a Pre-solicitation only. Interested contractors should watch for the issuance of the solicitation which will have specific instructions and requirements associated with this procurement. The tentative date for issuing the solicitation is February 9, 2015 with a bid opening on or about March 10, 2015. These are only tentative dates. The solicitation will have specific dates, times, and locations for the bid opening and site visit. The magnitude of construction per VAAR Part 836 is between $5,000,000.00 and $10,000,000.00. This is a 100% SDVOSB set-aside. The NAICS Code for this procurement is 236220 (Commercial and Institutional Building Construction) with a maximum business size standard of $36.5 Million. All interested parties must be verified in VETBIZ and visible on the VETBIZ website (https://www.vip.vetbiz.gov/) as an SDVOSB prior to submitting a bid. Interested vendors are encouraged to check the VETBIZ website to ensure they are visible to the contracting officer. This is a PRE-SOLICITATION NOTICE only. This is not a request for pricing at this time. No phone calls please.

Z--Replace AHUs for Lab, Radiology, and Pharmacy

Department of Veterans Affairs, Fayetteville (NC) VAMC | Published December 30, 2014
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The Fayetteville Veterans Affairs Medical Center located in Fayetteville, NC is in need of a contractor experienced in commercial and institutional building construction to provide all materials, equipment, and labor to complete project "Replace AHU for Lab, Radiology, and Pharmacy". Work includes general construction, alterations, architectural ceilings, civil and plumbing work, utility systems, necessary to replace three (3) Air Handling Units including all ductwork, modifications, controls, and electrical connections required to maintain a fully functioning system. Also included is the addition of roof top exhaust fans. An infection control precaution is also required to be implemented. The tentative date for issuing the solicitation is January 14, 2015 with a bid opening on or about February 17, 2014. These are only tentative dates. The solicitation will have specific dates, times, and locations for the bid opening and site visit. The magnitude of construction per VAAR Part 836 is between $500,000.00 and $1,000,000.00. This is a 100% SDVOSB set-aside. The NAICS Code for this procurement is 236220 (Commercial and Institutional Building Construction) with a maximum business size standard of $33.5 Million. All interested parties must be verified in VETBIZ and visible on the VETBIZ website (https://www.vip.vetbiz.gov/) as an SDVOSB prior to submitting a bid. Interested vendors are encouraged to check the VETBIZ website to ensure they are visible to the contracting officer. This is a PRE-SOLICITATION NOTICE only. This is not a request for pricing at this time. No phone calls please.

Z-- Renovate Oncology Clinic - Fayettelville VAMC

Department of Veterans Affairs, Fayetteville (NC) VAMC | Published October 9, 2014
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The Fayetteville Veterans Affairs Medical Center located in Fayetteville, NC is in need of a contractor experienced in commercial and institutional building construction to provide all materials, equipment, and labor to complete project "Renovate Oncology Clinic". Work includes general construction, alterations, civil and plumbing work, utility systems, necessary to renovate approximately 2,000 SF within an existing structure. This is a Pre-solicitation only. Interested contractors should watch for the issuance of the solicitation which will have specific instructions and requirements associated with this procurement. The tentative date for issuing the solicitation is October 23, 2014 with a bid opening on or about November 24, 2014. These are only tentative dates. The solicitation will have specific dates, times, and locations for the bid opening and site visit. The magnitude of construction per VAAR Part 836 is between $250,000 and $500,000. This is a 100% SDVOSB set-aside. The NAICS Code for this procurement is 236220 (Commercial and Institutional Building Construction) with a maximum business size standard of $33.5 Million. All interested parties must be verified in VETBIZ and visible on the VETBIZ website (https://www.vip.vetbiz.gov/) as an SDVOSB prior to submitting a bid. Interested vendors are encouraged to check the VETBIZ website to ensure they are visible to the contracting officer. This is a PRE-SOLICITATION NOTICE only. This is not a request for pricing at this time. No phone calls please.

Z--Correct Water Infiltration Issues in Buildings 1 and 3 at the VAMC in Fayetteville, NC.

Department of Veterans Affairs, Hampton VAMC | Published November 10, 2015
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The Veterans Affairs Medical Center (VAMC) located in Fayetteville, NC requires an experienced contractor to provide all materials, equipment, and labor to correct water infiltration issues for buildings 1 and 3, as detailed in the construction documents, which will be provided with the solicitation. This is a Presolicitation only. Interested contractors should watch for the issuance of the solicitation which will have specific instructions and requirements associated with this procurement. The tentative date for issuing the solicitation is on or after November 24 with the bid opening occurring on or about 30 days after the solicitation is issued. These are only tentative dates. The solicitation will have specific dates, times, and locations for the bid opening and site visit. The magnitude of construction per VAAR Part 836 is between $2,000,000.00 and $5,000,000.00. This is a 100% SDVOSB set-aside. The NAICS Code for this procurement is 236220, Commercial and Institutional Building Construction, with a maximum business size standard of $36.5 million. All interested parties must be verified in VETBIZ as an SDVOSB prior to submitting a bid. This is a PRESOLICITATION NOTICE only. This is not a request for pricing at this time. No phone calls please

Y--Replace Three-Compartment Sink in SPS Decontamination Area

Department of Veterans Affairs, Salem VAMC | Published March 29, 2015  -  Deadline April 17, 2015
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PRESOLICITATION NOTICE 565-15-104, Replace Three-Compartment Sink in SPS Decon Area VAMC Fayetteville, NC The Department of Veterans Affairs has need for a general construction contractor to provide all labor, materials, tools, equipment, transportation, and qualified supervision necessary to replacing the existing three-compartment sink used for cleaning medical equipment, located in the decontamination area of Supply Processing Service, formerly known as Supply Processing & Distribution at the VAMC, Fayetteville, North Carolina. The work scope shall include temporarily relocating the existing sink, providing new temporary utility connections, providing new permanent utility connections, and restoring interior finishes at the wall and floor. Work also includes installing the VA furnished replacement sink. Performance of work will meet all State, Federal and VA regulations and specifications as indicated in the VA national specifications. A security Accreditation Package is not required. This is a Presolicitation only. Interested contractors should watch for the issuance of the solicitation which will have specific instructions and requirements associated with this procurement. The tentative date for issuing the solicitation is on or after April 17, 2015 with a bid opening approximately 30 days after the issue date of the solicitation. THESE ARE ONLY TENTATIVE DATES. THE SOLICITATION WILL HAVE SPECIFIC DATES, TIMES, AND LOCATIONS FOR THE BID OPENING AND SITE VISIT. The magnitude of construction per FAR Part 36.304 and VAAR Part 836.204 is between $25,000.00 and $100,000.00. In accordance with PL 109-461 this is a 100% SDVOSB set-aside. The NAICS Code for this procurement is 236220, Commercial and Institutional Building Construction, with a maximum small business size standard of $33.5 Million. All interested parties must be verified in VETBIZ as an SDVOSB prior to submitting a bid. This is a PRESOLICITATION NOTICE ONLY. This is not a request for pricing at this time. No phone calls please. ? SCOPE OF WORK 565-15-104, Replace Three-Compartment Sink in SPS Decon Area VAMC Fayetteville, NC COR: Jacqueline G. Perkins, Facilities Management Service (910-488-2120, ext. 5899) Construction duration: 30 Days Introduction: This project consists of replacing the existing three-compartment sink used for cleaning medical equipment, located in the decontamination area of Supply Processing Service, formerly known as Supply Processing & Distribution. The existing sink is used every business day. The project scope includes temporarily relocating the existing sink, providing new temporary utility connections, providing new permanent utility connections, and restoring interior finishes at the wall and floor. Work also includes installing the VA furnished replacement sink. Performance of work will meet all State, Federal and VA regulations and specifications as indicated in the VA national specifications. The CA requirements do not apply. A security Accreditation Package is not required. To limit disruptions to the medical center operations, this work is to be completed in independent phases. All materials to be incorporated into the finished work shall be on-site prior to starting any renovation work. Material delays will not be allowed after work starts. The work phases are identified as follows: Phase I work includes relocating the existing sink and providing temporary wall to isolate the clean staff area from the contractors work area. This phase must be completed while the SPS area is unoccupied by staff. The space is available to the contractor after normal business hours at 5:00 PM on Friday and must be renovated and available for use on Monday at 8:00 AM. The duration of this phase is one weekend. Phase II work includes renovating the original sink utilities and providing all rough-in piping and connections for the new VA furnished sink. Work in phase II can be conducted at any time but shall be coordinated with Engineering Staff to limit disruptions to the adjacent hospital areas. Some afterhours work will be required for connections to hospital utilities including domestic water, DI water and medical air. Duration of this phase is three weeks. Phase III work includes removal of the temporary sink and wall and installing the new sink in the prepared location. This space is available to the contractor at 5:00 PM on Friday and must be renovated and available for use on Monday at 6:00 AM. Duration of this phase is one weekend. Purpose and Restrictions: The present sink will be replaced with a new VA furnished sink. This sink is a critical part of the hospital operations. Work will be coordinated and scheduled by the contractor to limit disruptions of normal medical center operations by scheduling the work after hours and on weekends. Work will continue without stopping until completed. Outline of Work & Requirements: " Disconnect and remove the existing stainless steel, 3-compartment sink and base cabinet. Construct temporary dust barrier at the wall location to create a work area segregated from the SPS staff area. Reinstall the sink with temporary utilities. Avoid damage to existing floor finishes. " Expose the stud wall by removing minimum ceramic wall tile and wall board. Removal of debris will be from the construction area side, through the staff lounge entrance into the corridor. Avoid damage to the hard ceiling and to the existing floor finish. Limit demolition of wall tile to area behind the new sink where possible to avoid replacing all ceramic wall tiles. " Install new utilities and reroute existing utilities to facilitate the installation of the new 3-compartment sink. Provide angle stops at all locations. Provide standard hospital grade air outlets to match the existing at locations shown. Coordinate all utility tie-ins to limit disruptions with the use of the area by VA Staff. " Modify the new VA furnished stainless steel, three compartment sink for installation of noted accessories. Modifications include cutting holes through the sink deck for installation of tube cleaning manifold, DI water faucet and portable eye-wash device. " Repair ceramic wall tile to match the existing. Install new welded seam sheet vinyl flooring where base cabinet was removed. Provide flexible connections from wall stops to facilitate new connections at new sink. " Remove existing temporary sink and temporary wall. Remove accessories from sink and reinstall on new sink. Install new three-compartment sink in the prepared location. Connect all utilities, including waste drains and traps, air lines and water connections. Plug power cord into existing receptacle and confirm proper operation of the sink and all utilities without leaks. Contractor will work with VA Engineering Personnel and SPS Staff to minimize interruption of work within the area. * Pending Availability of Funds * --END--

65--Med Gas Flow Meters/Regulators Brand name or equal to Amico

Department of Veterans Affairs, Hampton VAMC | Published November 5, 2015  -  Deadline November 9, 2015
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Table of Contents SECTION A 1 A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1 SECTION B - CONTINUATION OF SF 1449 BLOCKS 3 B.1 PRICE/COST SCHEDULE 3 ITEM INFORMATION 3 B.2 DELIVERY SCHEDULE 5 SECTION C - CONTRACT CLAUSES 6 C.1 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) 6 C.2 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) 6 C.3 VAAR 852.211-73 BRAND NAME OR EQUAL (JAN 2008) 6 C.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) 7 C.5 VAAR 852.246-70 GUARANTEE (JAN 2008) 8 C.6 VAAR 852.246-71 INSPECTION (JAN 2008) 9 C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (OCT 2015) 9 SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS 16 SECTION E - SOLICITATION PROVISIONS 17 E.1 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (JAN 2003) 17 E.5 BASIS FOR AWARD 17 SECTION B - CONTINUATION OF SF 1449 BLOCKS B.1 PRICE/COST SCHEDULE ITEM INFORMATION ITEM NUMBER DESCRIPTION OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 Amico Oxygen Flowmeter, 0-15LPM, USA, Ohmeda QD connection* swivel to patient LOCAL STOCK NUMBER: FMO-15U-OM-S BRAND NAME OR EQUAL Bidding on: Manufacturer name: ___________ Brand:_______________________ Part No.:_____________________ 67.00 EA __________________ __________________ 0002 Amico (MRI Compatible) Oxygen Flowmeter, 0-15LPM, USA, Ohmeda QD connection * swivel to patient LOCAL STOCK NUMBER: FMO-15U-OM-M-S BRAND NAME OR EQUAL Bidding on: Manufacturer name: ___________ Brand:_______________________ Part No.:_____________________ 1.00 EA __________________ __________________ 0003 Amico Medical Air Flowmeter, 0-15LPM, USA, Ohmeda QD connection * swivel to patient LOCAL STOCK NUMBER: FMA-15U-OM-S BRAND NAME OR EQUAL Bidding on: Manufacturer name: ___________ Brand:_______________________ Part No.:_____________________ 61.00 EA __________________ __________________ 0004 Amico (MRI Compatible) Medical Air Flowmeter, 0-15LPM, USA, Ohmeda QD connection * swivel to patient LOCAL STOCK NUMBER: FMA-15U-OM-M-S BRAND NAME OR EQUAL Bidding on: Manufacturer name: ___________ Brand:_______________________ Part No.:_____________________ 1.00 EA __________________ __________________ 0005 Amico Suction Regulator, Analog, Continuous/intermittent, Ohmeda QD * Tubing nipple to patient, white LOCAL STOCK NUMBER: SRA-CIUT-OM BRAND NAME OR EQUAL Bidding on: Manufacturer name: ___________ Brand:_______________________ Part No.:_____________________ 124.00 EA __________________ __________________ 0006 Amico (MRI compatible) Suction Regulator, Analog, Continuous/intermittent, Ohmeda QD * Tubing nipple to patient, white LOCAL STOCK NUMBER: SRA-CIUT-OMM BRAND NAME OR EQUAL Bidding on: Manufacturer name: ___________ Brand:_______________________ Part No.:_____________________ 1.00 EA __________________ __________________ GRAND TOTAL __________________ B.2 DELIVERY SCHEDULE ITEM NUMBER QUANTITY DELIVERY DATE ALL SHIP TO: Fayetteville VAMC 2300 Ramsey Street Fayetteville, NC 28301 ALL SHIP ON OR BEFORE NOV 30, 2015 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 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) (a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor. (b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. (c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items. (End of Clause) C.2 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor. (End of Clause) C.3 VAAR 852.211-73 BRAND NAME OR EQUAL (JAN 2008) (Note: as used in this clause, the term "brand name" includes identification of products by make and model.) (a) If items called for by this invitation for bids have been identified in the schedule by a "brand name or equal" description, such identification is intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. Bids offering "equal" products (including products of the brand name manufacturer other than the one described by brand name) will be considered for award if such products are clearly identified in the bids and are determined by the Government to meet fully the salient characteristics requirements listed in the invitation. (b) Unless the bidder clearly indicates in the bid that the bidder is offering an "equal" product, the bid shall be considered as offering a brand name product referenced in the invitation for bids. (c)(1) If the bidder proposes to furnish an "equal" product, the brand name, if any, of the product to be furnished shall be inserted in the space provided in the invitation for bids, or such product shall be otherwise clearly identified in the bid. The evaluation of bids and the determination as to equality of the product offered shall be the responsibility of the Government and will be based on information furnished by the bidder or identified in his/her bid as well as other information reasonably available to the purchasing activity. CAUTION TO BIDDERS. The purchasing activity is not responsible for locating or securing any information that is not identified in the bid and reasonably available to the purchasing activity. Accordingly, to insure that sufficient information is available, the bidder must furnish as a part of his/her bid all descriptive material (such as cuts, illustrations, drawings or other information) necessary for the purchasing activity to: (i) Determine whether the product offered meets the salient characteristics requirement of the Invitation for Bids, and (ii) Establish exactly what the bidder proposes to furnish and what the Government would be binding itself to purchase by making an award. The information furnished may include specific references to information previously furnished or to information otherwise available to the purchasing activity. (2) If the bidder proposes to modify a product so as to make it conform to the requirements of the Invitation for Bids, he/she shall: (i) Include in his/her bid a clear description of such proposed modifications, and (ii) Clearly mark any descriptive material to show the proposed modifications. (3) Modifications proposed after bid opening to make a product conform to a brand name product referenced in the Invitation for Bids will not be considered. The clause entitled "Brand name or equal" applies only to the following line items: ALL LINE ITEMS (End of Clause) C.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) (a) Definitions. As used in this clause- (1) Contract financing payment has the meaning given in FAR 32.001. (2) Designated agency office has the meaning given in 5 CFR 1315.2(m). (3) Electronic form means an automated system transmitting information electronically according to the Accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests. (4) Invoice payment has the meaning given in FAR 32.001. (5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract. (b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required. (c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following: (1) VA's Electronic Invoice Presentment and Payment System. (See Web site at http://www.fsc.va.gov/einvoice.asp.) (2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org) includes additional information on EDI 810 and 811 formats. (d) Invoice requirements. Invoices shall comply with FAR 32.905. (e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for: (1) Awards made to foreign vendors for work performed outside the United States; (2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information; (3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies; (4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or (5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above. (End of Clause) C.5 VAAR 852.246-70 GUARANTEE (JAN 2008) The contractor guarantees the equipment against defective material, workmanship and performance for a period of 1 year, said guarantee to run from date of acceptance of the equipment by the Government. The contractor agrees to furnish, without cost to the Government, replacement of all parts and material that are found to be defective during the guarantee period. Replacement of material and parts will be furnished to the Government at the point of installation, if installation is within the continental United States, or f.o.b. the continental U.S. port to be designated by the contracting officer if installation is outside of the continental United States. Cost of installation of replacement material and parts shall be borne by the contractor. (End of Clause) C.6 VAAR 852.246-71 INSPECTION (JAN 2008) Rejected goods will be held subject to contractors order for not more than 15 days, after which the rejected merchandise will be returned to the contractor's address at his/her risk and expense. Expenses incident to the examination and testing of materials or supplies that have been rejected will be charged to the contractor's account. (End of Clause) (End of Addendum to 52.212-4) C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (OCT 2015) (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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) (2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (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: [] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). [] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509). [] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) [X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note). [] (5) [Reserved] [] (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C). [] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L. 111-117, section 743 of Div. C). [X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note). [] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). [] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a). [] (ii) Alternate I (NOV 2011) of 52.219-3. [] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). [] (ii) Alternate I (JAN 2011) of 52.219-4. [] (13) [Reserved] [X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644). [] (ii) Alternate I (NOV 2011). [] (iii) Alternate II (NOV 2011). [] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). [] (ii) Alternate I (Oct 1995) of 52.219-7. [] (iii) Alternate II (Mar 2004) of 52.219-7. [] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3). [] (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2015) (15 U.S.C. 637(d)(4)). [] (ii) Alternate I (Oct 2001) of 52.219-9. [] (iii) Alternate II (Oct 2001) of 52.219-9. [] (iv) Alternate III (OCT 2015) of 52.219-9. [] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)). [] (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)). [] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). [] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f). [X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)). [] (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). [] (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). [X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). [X] (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2014) (E.O. 13126). [X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015). [X] (28) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246). [X] (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212). [X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). [X] (31) 52.222-37, Employment Reports on Veterans (OCT 2015) (38 U.S.C. 4212). [] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). [X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627). [] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). [] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) [] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). [] (ii) Alternate I (OCT 2015) of 52.223-13. [] (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514). [] (ii) Alternate I (JUN 2014) of 52.223-14. [] (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b). [] (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). [] (ii) Alternate I (JUN 2014) of 52.223-16. [X] (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [] (41) 52.225-1, Buy American-Supplies (MAY 2014) (41 U.S.C. chapter 83). [] (42)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. [X] (ii) Alternate I (MAY 2014) of 52.225-3. [] (iii) Alternate II (MAY 2014) of 52.225-3. [] (iv) Alternate III (MAY 2014) of 52.225-3. [] (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [X] (44) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). [] (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). [] (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). [] (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). [] (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). [] (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). [] (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). [X] (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). [] (52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). [] (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). [] (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). [] (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). [] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). [] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). [] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). [] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67). [] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67). [] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67). [] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 13658). [] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). [] (10) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (APR 2015). (v) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (OCT 2015) (38 U.S.C. 4212). (ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (x) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). (xi)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627). (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67). (xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67). (xiv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (E.O. 13658). (xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS THIS PAGE LEFT BLANK INTENTIONALLY SECTION E - SOLICITATION PROVISIONS ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS Provisions 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 provisions are incorporated into 52.212-1 as an addendum to this solicitation: E.1 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (JAN 2003) The Government intends to evaluate proposals and award a contract without exchanges with offerors. Therefore, each initial offer should contain the offeror's best terms from a cost or price and technical standpoint. However, the Government reserves the right to conduct exchanges if later determined by the contracting officer to be necessary. (End of Provision) E.5 BASIS FOR AWARD The Government intends to make an award based on the initial quotations. Award will be made to that vendor with the lowest overall price. (End of Addendum to 52.212-1)
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