Section A - Solicitation/Contract Form

 

CLAUSES INCORPORATED BY FULL TEXT

 

 

Contractor shall supply a current published or commercial price list or GSA/VA Federal Supply Schedule contract for supplies and/or services quoted. 

 

 

CONTRACTOR SHALL FILL IN THE BLANKS:

 

TIN:                                                                                        

 

CAGE:                                                                                    

 

DUNS:                                                                                    

 

 

Vendor Point of Contact:                                                           Phone:                                     

 

Vendor E-Mail:                                                                         Fax:                                         

 

 

Naval Medical Center Portsmouth Point of Contact:

Contracting:  Chantay Johnson 757-953-5005   E-Mail:  [email protected]

 

PAYMENT TERMS: _____________________

 

 

Payment SHALL BE in Arrears (CHECK ONE): 

 

_____mONTHLY       _____QUARTERLY   _____SEMI-ANNUALLY       _____ANNUALLY

 

 

Note: Vendor will be required to provide billing electronically via the WAWF Electronic Invoicing Method per Section G of this RFQ.  For additional information, a review of the following web sites may be required: https://wawf.eb.mil    http://wawftraining        Email:  [email protected]

 

Vendor to reference Request for Quotation (RFQ) Number N00183-08-T-0160 on all correspondence relating to this RFQ.

 

PROMPT PAYMENT:  For Prompt Payment Act purposes, any contract resulting from this solicitation is subject to the 7 calendar-day constructive acceptance period.

 

GOVERNMENT RESERVES THE RIGHT TO MAKE AWARD BASED ON AN "ALL OR NONE" EVALUATION AND "BEST VALUE" TO THE GOVERNMENT.

 

THIS REQUIREMENT IS 100% SMALL BUSINESS SET-ASIDE.

Section B - Supplies or Services and Prices

 

 

 

ITEM NO	SUPPLIES/SERVICES	QUANTITY	UNIT	UNIT PRICE	AMOUNT
0001		5.50	Months
	Base Year - Maintenance for the MGC 100 FFP Video Teleconferencing Bridge in accordance with Section C, Statement of Work. System S/N 40189 Service Part# 4870-00009-114 (Premier Service Type) Location:  Switchroom, Bldg. 2, 1st Floor, Room 142433   PERIOD OF PERFORMANCE:  15 April 2008 through 30 September 2008 FOB: Destination MILSTRIP: N0018308RQTE106 PURCHASE REQUEST NUMBER: N0018308RQTE106
				NET AMT

             

 

 

 

ITEM NO	SUPPLIES/SERVICES	QUANTITY	UNIT	UNIT PRICE	AMOUNT
0002		12	Months
OPTION	Option #1 - Maintenance for the MGC 100 FFP Video Teleconferencing Bridge in accordance with Section C, Statement of Work. System S/N 40189 Service Part# 4870-00009-114 (Premier Service Type) Location:  Switchroom, Bldg. 2, 1st Floor, Room 142433   PERIOD OF PERFORMANCE:  01 October 2008 through 30 September 2009 FOB: Destination
				NET AMT

             
Section C - Descriptions and Specifications

 

CLAUSES INCORPORATED BY FULL TEXT

 

 

DESCRIPTION/SPECIFICATION/WORK STATEMENT

 

Statement of Work

FOR MGC 100 VIDEO TELECONFERECING BRIDGE

 

 

1. The contractor shall provide advance replacement for parts for covered failed hardware components shipped same business day, software up-dates, software upgrades and toll free telephone support for hardware and software services on the MGC 100 Video Teleconferencing Bridge.  The maintenance coverage must include Premier Plus type of service.

 

1. The contractor shall provide all travel, maintenance service, repair, furnish all labor, materials and replacement parts necessary to keep the system in satisfactory working condition.  Products will be maintained in accordance with the manufacturer specifications.  Only manufacturer parts or equivalent, either new or refurbished, of equal or better quality shall be used. 

 

1. The Contractor shall provide Help Desk telephone capability for service calls and troubleshooting assistance during the hours of 8:00 AM and 5:00 PM during the normal business week, Monday through Friday except federal holidays.

 

1. The Contractor shall provide on-call maintenance if the Help Desk telephone support does not resolve the trouble.  The Contractor shall provide on-call maintenance support on-site not later than one business day after receipt of a trouble call that cannot be resolved by telephone.

 

1. The service provider shall be an Authorized Gold or Platinum Certified Polycom support facility located within 50 miles of Naval Medical Center, Portsmouth VA.  The government shall maintain the right to seek proof of Polycom certification prior to award and anytime during contract period of performance.

 

1. The period of performance shall be as follows:

 

Base Year:          15 April 2008 through 30 September 2008

Option Year #1:  01 October 2008 through 30 September 2009

 

 

Section E - Inspection and Acceptance

 

 

 

 

INSPECTION AND ACCEPTANCE TERMS

 

Supplies/services will be inspected/accepted at:

 

CLIN	INSPECT AT	INSPECT BY	ACCEPT AT	ACCEPT BY
0001	Destination	Government	Destination	Government
0002	Destination	Government	Destination	Government

Section F - Deliveries or Performance

 

 

 

 

DELIVERY INFORMATION

 

CLIN	DELIVERY DATE	QUANTITY	SHIP TO ADDRESS	UIC
0001	POP 15-APR-2008 TO 30-SEP-2008	N/A	NAVAL MEDICAL CENTER MANAGEMENT INFORMATION DEPARTMENT CHARETTE HEALTH CARE CENTER BLDG. 2 27 EFFINGHAM STREET PORTSMOUTH VA 23708 757-953-0108/0017 FOB:  Destination	N00183
0002	POP 01-OCT-2008 TO 30-SEP-2009	N/A	(SAME AS PREVIOUS LOCATION) FOB:  Destination	N00183

 

 

CLAUSES INCORPORATED BY REFERENCE

 

 

52.242-15

Stop-Work Order

AUG 1989

Section G - Contract Administration Data

 

 

 

CLAUSES INCORPORATED BY FULL TEXT

 

 

INVOICING INSTRUCTIONS AND PAYMENT FOR SERVICES

 

Invoices for services rendered under this Contract shall be submitted electronically through Wide Area Work Flow - Receipt and Acceptance (WAWF):  

 

The vendor shall self-register at the web site https://wawf.eb.mil. Vendor training is available on the internet at http://wawftraining.com.  

 

Select the 2-in-1 Invoice within WAWF as the invoice type. The 2-in-1 Invoice prepares the Material Inspection and Receiving Report, DD Form 250, and invoice in one document.

Back up documentation (such as service tickets, etc.) can be included and attached to the invoice in WAWF.

 

Attachments created in any Microsoft Office product are attachable to the invoice in WAWF.

 

The following information regarding Naval Medical Center Portsmouth is provided for completion of the invoice in WAWF:

Issuing Office DODAAC: N00183

Admin DODAAC: N00183

Acceptor DODAAC: N00183

LPO DODAAC: N00183

Pay DODAAC: HQ0248

The contractor shall submit invoices for payment per contract terms.

The Government shall process invoices for payment per contract terms.

 

For more information on Wide Area Workflow, please contact the Wide Area Workflow Implementation Team at [email protected].

 

Section H - Special Contract Requirements

 

CLAUSES INCORPORATED BY FULL TEXT

 

 

PRIVACY AND SECURITY OF PROTECTED HEALTH INFORMATION

 

(a) Definitions. As used in this clause:

 

Individual has the same meaning as the term ``individual'' in 45 CFR 164.501 and 164.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR 164.502(g).

 

Privacy Rule means the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E.

 

Protected Health Information has the same meaning as the term ``protected health information'' in 45 CFR 164.501, limited to the information created or received by The Contractor from or on behalf of The Government.

 

Required by Law has the same meaning as the term ``required by law'' in 45 CFR 164.501 and 164.103.

 

Secretary means the Secretary of the Department of Health and Human Services or his/her designee.

 

Security Rule means the Health Insurance Reform: Security Standards at 45 CFR part 160, 162 and part 164, subpart C.

 

Terms used, but not otherwise defined, in this Agreement shall have the same meaning as those terms in 45 CFR 160.103, 164.501 and 164.304.

 

(b) The Contractor agrees to not use or further disclose Protected Health Information other than as permitted or required by the Contract or as Required by Law.

 

(c) The Contractor agrees to use appropriate safeguards to prevent use or disclosure of the protected Health Information other than as provided for by this Contract.

 

(d) The Contractor agrees to use administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the electronic protected health information that it creates, receives, maintains, or transmits in the execution of this Contract.

 

(e) The Contractor agrees to mitigate, to the extent practicable, any harmful effect that is known to the Contractor of a use or disclosure of Protected Health Information by the Contractor in violation of the requirements of this Contract.

 

(f) The Contractor agrees to report to the Government any security incident involving protected health information of which it becomes aware. 

 

(g) The Contractor agrees to report to the Government any use or disclosure of the Protected Health Information not provided for by this Contract.

 

(h) The Contractor agrees to ensure that any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by the Contractor on behalf of the Government agrees to the same restrictions and conditions that apply through this Contract to the Contractor with respect to such information.

 

(i) The Contractor agrees to ensure that any agent, including a subcontractor, to whom it provides electronic Protected Health Information, agrees to implement reasonable and appropriate safeguards to protect it.

 

(j) The Contractor agrees to provide access, at the request of the Government, and in the time and manner designated by the Government to Protected Health Information in a Designated Record Set, to the Government or, as directed by the Government, to an Individual in order to meet the requirements under 45 CFR 164.524.

 

(k) The Contractor agrees to make any amendment(s) to Protected Health Information in a designated Record Set that the Government directs or agrees to pursuant to 45 CFR 164.526 at the request of the Government or an Individual, and in the time and manner designated by the Government.

 

(l) The Contractor agrees to make internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by the Contractor on behalf of, the Government, available to the Government, or at the request of the Government to the Secretary, in a time and manner designated by the Government or the Secretary, for purposes of the Secretary determining the Governments compliance with the Privacy Rule.

 

(m) The Contractor agrees to document such disclosures of Protected Health Information and information related to such disclosures as would be required for the Government to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528.

 

(n) The Contractor agrees to provide to the Government or an Individual, in time and manner designated by the Government, information collected in accordance with this Clause of the Contract, to permit the Government to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528.

 

General Use and Disclosure Provisions

 

 Except as otherwise limited in this Agreement, the Contractor may use or disclose Protected Health Information on behalf of, or to provide services to, the Government for the following purposes, if such use or disclosure of Protected Health Information would not violate the Privacy Rule, the Security Rule or the Department of Defense Health Information Privacy Regulation if done by the Government: [List Purposes].

 

Specific Use and Disclosure Provisions

 

 (a) Except as otherwise limited in this Agreement, the Contractor may use Protected Health Information for the proper management and administration of the Contractor or to carry out the legal responsibilities of the Contractor.

 

(b) Except as otherwise limited in this Agreement, the Contractor may disclose Protected Health Information for the proper management and administration of the Contractor, provided that disclosures are required by law, or the Contractor obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the person notifies the Contractor of any instances of which it is aware in which the confidentiality of the information has been breached.

 

(c) Except as otherwise limited in this Agreement, the Contractor may use Protected Health Information to provide Data Aggregation services to the Government as permitted by 45 CFR 164.504(e)(2)(i)(B).

 

(d) Contractor may use Protected Health Information to report violations of law to appropriate Federal and State authorities, consistent with 45 CFR 164.502(j)(1).

 

Obligations of the Government

 

Provisions for the Government to Inform the Contractor of Privacy Practices and Restrictions.

 

(a) Upon request the Government shall provide the Contractor with the notice of privacy practices that the Government produces in accordance with 45 CFR 164.520, as well as any changes to such notice.

 

(b) The Government shall provide the Contractor with any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, if such changes affect the Contractor's permitted or required uses and disclosures. 

 

(c) The Government shall notify the Contractor of any restriction to the use or disclosure of Protected Health Information that the Government has agreed to in accordance with 45 CFR 164.522.

 

Permissible Requests by the Government

 

The Government shall not request the Contractor to use or disclose Protected Health Information in any manner that would not be permissible under the Privacy Rule if done by the Government, except for providing Data Aggregation services to the Government and for management and administrative activities of the Contractor as otherwise permitted by this clause.

 

Termination

 

•(a)                     Termination. A breach by the Contractor of this clause, may subject the Contractor to termination under any applicable default or termination provision of this Contract.

 

•(b)                     Effect of Termination.

 

(1)  If this contract has records management requirements, the records subject to the Clause should be handled in accordance with the records management requirements. If this contract does not have records management requirements, the records should be handled in accordance with paragraphs (2) and (3) below

 

(2)  If this contract does not have records management requirements, except as provided in paragraph (3) of this section, upon termination of this Contract, for any reason, the Contractor shall return or destroy all Protected Health Information received from the Government, or created or

received by the Contractor on behalf of the Government. This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of the Contractor. The Contractor shall retain no copies of the Protected Health Information.

 

3)  If this contract does not have records management provisions and the Contractor determines that returning or destroying the Protected Health Information is infeasible, the Contractor shall provide to the Government notification of the conditions that make return or destruction infeasible. Upon mutual agreement of the Government and the Contractor that return or destruction of Protected Health Information is infeasible, the Contractor shall extend the

protections of this Contract to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as the Contractor maintains such Protected Health Information.

 

Miscellaneous

 

(a) Regulatory References. A reference in this Clause to a section in the Privacy Rule or Security Rule means the section as in effect or as amended, and for which compliance is required.

 

(b) Survival. The respective rights and obligations of Business Associate under the ``Effect of Termination'' provision of this Clause shall survive the termination of this Contract.

 

(c) Interpretation. Any ambiguity in this Clause shall be resolved in favor of a meaning that

permits the Government to comply with the Privacy Rule or Security Rule.

 

 

 

INFORMATION ONLY:  This document has been designated for posting to the Navy Electronic Commerce Online (NECO) at http://www.neco.navy.mil

Section I - Contract Clauses

 

CLAUSES INCORPORATED BY REFERENCE

 

 

52.203-3	Gratuities	APR 1984
52.213-2	Invoices	APR 1984
52.213-3	Notice to Suppliers	APR 1984
52.215-8	Order of Precedence--Uniform Contract Format	OCT 1997
52.219-6	Notice Of Total Small Business Set-Aside	JUN 2003
52.219-28	Post-Award Small Business Program Rerepresentation	JUN 2007
52.222-36	Affirmative Action For Workers With Disabilities	JUN 1998
52.222-42	Statement Of Equivalent Rates For Federal Hires	MAY 1989
52.222-49	Service Contract Act -- Place Of Performance Unknown	MAY 1989
52.222-50	Combating Trafficking in Persons	AUG 2007
52.225-13	Restrictions on Certain Foreign Purchases	FEB 2006
52.226-1	Utilization Of Indian Organizations And Indian-Owned Economic Enterprises	JUN 2000
52.232-1	Payments	APR 1984
52.232-8	Discounts For Prompt Payment	FEB 2002
52.232-23 Alt I	Assignment of Claims (Jan 1986) -  Alternate I	APR 1984
52.233-3	Protest After Award	AUG 1996
52.233-4	Applicable Law for Breach of Contract Claim	OCT 2004
52.237-2	Protection Of Government Buildings, Equipment, And Vegetation	APR 1984
52.237-3	Continuity Of Services	JAN 1991
52.243-1 Alt I	Changes--Fixed Price (Aug 1987) -  Alternate I	APR 1984
52.244-6	Subcontracts for Commercial Items	MAR 2007
52.247-34	F.O.B. Destination	NOV 1991
52.252-6	Authorized Deviations In Clauses	APR 1984
252.204-7003	Control Of Government Personnel Work Product	APR 1992
252.204-7004 Alt A	Central Contractor Registration (52.204-7) Alternate A	SEP 2007
252.204-7006	Billing Instructions	OCT 2005
252.225-7000	Buy American Act--Balance Of Payments Program Certificate	JUN 2005
252.225-7001	Buy American Act And Balance Of Payments Program	JUN 2005
252.225-7002	Qualifying Country Sources As Subcontractors	APR 2003
252.225-7035	Buy American Act--Free Trade Agreement--Balance Of Payments Program Certificate	OCT 2006
252.232-7003	Electronic Submission of Payment Requests and Receiving Reports	MAR 2008
252.232-7010	Levies on Contract Payments	DEC 2006
252.239-7001	Information Assurance Contractor Training and Certification	JAN 2008
252.247-7023 Alt III	Transportation of Supplies by Sea (May 2002) Alternate III	MAY 2002

 

 

CLAUSES INCORPORATED BY FULL TEXT

 

 

52.213-4     TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS) (FEB 2008)

 

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

 

(1) The clauses listed below implement provisions of law or Executive order:

 

(i) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

 

(ii) 52.222-21, Prohibition of Segregated Facilities (Feb 1999) (E.O. 11246).

 

(iii) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

 

(iv) 52.222-50, Combating Trafficking in Persons (AUG 2007) (22 U.S.C. 7104(g)).

 

(v) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

 

(vi) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

 

(vii) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

 

(2) Listed below are additional clauses that apply:

 

(i) 52.232-1, Payments (Apr 1984).

 

(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).

 

(iii) 52.232-11, Extras (Apr 1984).

 

(iv) 52.232-25, Prompt Payment (Oct 2003).

 

(v) 52.233-1, Disputes (Jul 2002).

 

(vi) 52.244-6, Subcontracts for Commercial Items (MAR 2007).

 

(vii) 52.253-1, Computer Generated Forms (Jan 1991).

 

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

 

(1) The clauses listed below implement provisions of law or Executive order:

 

(i) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2008) (E.O. 13126).

 

(ii) 52.222-20, Walsh-Healey Public Contracts Act (DEC 1996) (41 U.S.C. 35-45) (Applies to supply contracts over $10,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).

 

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212) (Applies to contracts of $100,000 or more).

 

(iv) 52.222-36, Affirmative Action for Workers with Disabilities  (JUN 1998) (29 U.S.C. 793) (Applies to contracts over $30,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, United States includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.).

 

(v) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212) (Applies to contracts over $100,000).

 

(vi) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.) (Applies to service contracts over $2,500 that are subject to the Service Contract Act and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer continental shelf lands.).

 

(vii) 52.223-5, Pollution Prevention and Right-to-Know Information (Aug 2003) (E.O. 13148) (Applies to services performed on Federal facilities).

 

(viii) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR Program or Federal Energy Management Program (FEMP) will be--

 

(A) Delivered;

 

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

 

(C) Furnished by the Contractor for use by the Government; or

 

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.)

 

(ix) 52.225-1, Buy American Act--Supplies (June 2003) (41 U.S.C. 10a-10d) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition--

 

(A) Is set aside for small business concerns; or

 

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000.)

 

(x) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (May 1999). (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the Central Contractor Registration (CCR) database as its source of EFT information.)

 

(xi) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (Oct 2003). (Applies when the payment will be made by EFT and the payment office does not use the CCR database as its source of EFT information.)

 

(xii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241). (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)

 

(2) Listed below are additional clauses that may apply:

 

(i) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (SEP 2006) (Applies to contracts over $30,000).

 

(ii) 52.211-17, Delivery of Excess Quantities (SEPT 1989) (Applies to fixed-price supplies).

 

(iii) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).

 

(iv) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination).

 

(c) FAR 52.252-2, Clauses Incorporated by Reference (FEB 1998). 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):  http://www.arnet/gov/far

 

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights--

 

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

 

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

 

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

 

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

 

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

 

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

 

(End of clause)

 

 

 

52.217-8     OPTION TO EXTEND SERVICES (NOV 1999)

 

The Government may require continued performance of any services within the limits and at the rates specified in the contract.  These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor.  The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months.  The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

 

(End of clause)

 

 

 

52.217-9     OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

 

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days 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 30 Sep 2009.

(End of clause)

 

 

 

52.232-19     AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

 

Funds are not presently available for performance under this contract beyond 30 Sep 2008 .  The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made.  No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 30 Sep 2008, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

 

(End of clause)

 

 

 

52.252-2      CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

 

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):  http://www.arnet/gov/far

 

(End of clause)

Section K - Representations, Certifications and Other Statements of Offerors

 

CLAUSES INCORPORATED BY REFERENCE

 

 

52.204-3	Taxpayer Identification	OCT 1998
52.204-8	Annual Representations and Certifications	JAN 2006
52.219-1 Alt I	Small Business Program Representations (May 2004) Alternate I	APR 2002
52.219-22	Small Disadvantaged Business Status	OCT 1999
52.222-18	Certification Regarding Knowledge of Child Labor for Listed End Products	FEB 2001
52.222-22	Previous Contracts And Compliance Reports	FEB 1999
52.222-25	Affirmative Action Compliance	APR 1984
52.225-18	Place of Manufacture	SEP 2006

Section L - Instructions, Conditions and Notices to Bidders

 

CLAUSES INCORPORATED BY REFERENCE

 

 

52.214-34	Submission Of Offers In The English Language	APR 1991
52.214-35	Submission Of Offers In U.S. Currency	APR 1991
52.232-28	Invitation to Propose Performance-Based Payments	MAR 2000
52.252-5	Authorized Deviations In Provisions	APR 1984

 

 

CLAUSES INCORPORATED BY FULL TEXT

 

 

52.252-1     SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

 

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):  http://www.arnet/gov/far

 

(End of provision)

 

 

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