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VAAR PART 852 - SOLICITATION PROVISIONS AND CONTRACT CLAUSES


PART 852 - SOLICITATION PROVISIONS AND CONTRACT CLAUSES


PART 852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

TABLE OF CONTENTS

SUBPART 852.1--INSTRUCTIONS FOR USING PROVISIONS AND CLAUSES

§852.101

Using Part 852.

§852.102

Incorporating provisions and clauses by reference.

SUBPART 852.2--TEXTS OF PROVISIONS AND CLAUSES

§852.203-71

Display of VA Hotline Poster

§852.207-70

Report of employment under commercial activities.

§852.209-70

Organizational conflicts of interest.

§852.211-70

Requirements for operating and maintenance manuals.

§852.211-71

Guarantee clause.

§852.211-72

Inspection.

§852.211-73

Frozen processed foods.

§852.211-74

Telecommunications equipment.

§852.211-75

Technical industry standards.

§852.211-76

Noncompliance with packaging, packing and/or marking requirements.

§852.211-77

Brand name or equal.

§852.211-78

Liquidated damages.

§852.214-70

Caution to bidders--bid envelopes.

§852.214-71

Alternate items.

§852.214-73

Bid samples.

§852.216-70

Estimated quantities for requirements contracts.

§852.219-70

Veteran-owned small business.

§852.222-70

Contract Work Hours and Safety Standards Act--nursing home care contract supplement.

§852.228-70

Bond premium adjustment.

§852.229-70

Purchases from patient's funds.

§852.229-71

Purchases for patients using Government funds and/or personal funds of patients.

§852.233-70

Protest content.

§852.233-71

Alternate Protest Procedure.

§852.236-71

Specifications and drawings for construction.

§852.236-72

Performance of work by the contractor.

§852.236-74

Inspection of construction.

§852.236-76

Correspondence.

§852.236-77

Reference to "standards."

§852.236-78

Government supervision.

§852.236-79

Daily report of workers and materials.

§852.236-80

Subcontracts and work coordination.

§852.236-82

Payments under fixed-price construction contracts (without NAS).

§852.236-83

Payments under fixed-price construction contracts (including NAS).

§852.236-84

Schedule of work progress.

§852.236-85

Supplementary labor standards provisions.

§852.236-86

Worker's compensation.

§852.236-87

Accident prevention.

§852.236-88

Contract changes--supplement.

§852.236-89

Buy American Act.

§852.236-90

Restriction on submission and use of equal products.

§852.236-91

Special notes.

§852.237-7

Indemnification and Medical Liability Insurance.

§852.237-70

Contractor responsibilities.

§852.237-71

Indemnification and insurance (vehicle and aircraft service contracts).

§852.246-1

Special warranties.

§852.246-2

Warranty for construction--guarantee period services.

§852.247-70

Transportation provision for bid evaluation.

§852.252-1

Provisions or clauses requiring completion by the offeror or prospective contractor.

§852.270-1

Representatives of contracting officers.

§852.270-2

Bread and bakery products.

§852.270-3

Purchase of shell fish.

§852.270-4

Commercial advertising.

§852.271-70

Services provided eligible beneficiaries.

§852.271-71

Visits to Department of Veterans Affairs guidance centers.

§852.271-72

Time spent by counselee in counseling process.

§852.271-73

Use and publication of counseling results.

§852.271-74

Inspection.

§852.271-75

Extension of contract period.

§852.273-70

Late Offers.

§852.273-71

Alternative negotiation techniques.

§852.273-72

Alternative evaluation.

§852.273-73

Evaluation -- health-care resources.

§852.273-74

Award without exchanges.

PART 852 - SOLICITATION PROVISIONS AND CONTRACT CLAUSES

SUBPART 852.1 - INSTRUCTIONS FOR USING PROVISIONS AND CLAUSES

§852.101   Using part 852.

Part 852 prescribes supplemental provisions and clauses to the FAR. Provision and clause numbering are as prescribed in FAR 52.101 (e.g., supplementary Architect-Engineer and Construction clauses are numbered §852.236-71, etc.).

§852.102   Incorporating provisions and clauses by reference.

SUBPART 852.2 - TEXTS OF PROVISIONS AND CLAUSES

§852.203-71   Display of VA hotline poster.

As prescribed in §803.7002, insert the following clause:

DISPLAY OF VA HOTLINE POSTER (DEC 1992)

(End of Clause)

§852.207-70   Report of employment under commercial activities.

As prescribed in §807.304-77 and §873.110, the following clause must be included in A-76 cost comparison solicitations and solicitations issued under the authority of 38 U.S.C. 8151-8153 which may result in the conversion, from in-house to contract performance, of work currently being performed by VA employees:

REPORT OF EMPLOYMENT UNDER COMMERCIAL ACTIVITIES (OCT 1988)

(End of Clause)

§852.209-70   Organizational conflicts of interest.

The following provision will be used as prescribed in §809.508-2:

ORGANIZATIONAL CONFLICTS OF INTEREST (APR 1984)

(End of Provision)

§852.211-70   Requirements for operating and maintenance manuals.

SERVICE DATA MANUAL (NOV 1984)

(End of Clause)

§852.211-71   Guarantee clause.

§852.211-72   Inspection.

§852.211-73   Frozen processed foods.

The following clause will be included in all solicitations for the purchase of frozen processed foods, issued by a field facility:

FROZEN PROCESSED FOODS (NOV 1984)

The products delivered under this contract shall be in excellent condition, shall not show evidence of defrosting, refreezing, or freezer burn and shall be transported and delivered to the consignee at a temperature of 0 degrees Fahrenheit or lower.

(End of Clause)

§852.211-74   Telecommunications equipment.

§852.211-75   Technical industry standards.

Where items are required to conform to technical industry standards, such as those adopted by Underwriters Laboratories, Incorporated; Factory Mutual Laboratories; American Gas Association; American Society Mechanical Engineers; National Electrical Manufacturers' Association; American Society Heating, Refrigeration and Air Conditioning Engineers; or similar organizations where such standards are generally recognized and accepted in the industry involved, the invitation for bids, request for proposals or request for quotations will so state. In no instance, where there is a multiple choice of laboratories, shall the invitation for bid, request for proposal or request for quotation indicate that the label or certificate of only one such laboratory is acceptable. The following provision will be used unless comparable provisions are contained in the item specification:

TECHNICAL INDUSTRY STANDARDS (APR 1984)

The supplies or equipment required by this invitation for bid or request for proposal must conform to the standards of the [ ]and [ ]as to [ ].   The successful bidder or offeror will be required to submit proof that the item(s) he/she furnishes conforms to this requirement. This proof may be in the form of a label or seal affixed to the equipment or supplies, warranting that they have been tested in accordance with and conform to the specified standards. The seal or label of any nationally recognized laboratory such as those listed by the National Fire Protection Association, Boston, Massachusetts, in the current edition of their publication "Research on Fire," is acceptable. Proof may also be furnished in the form of a certificate from one of these laboratories certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.

(End of Provision)

*Insert name(s) of organization(s), the standards of which are pertinent to the Government's needs.

**Insert pertinent standards, i.e., fire and casualty, safety and fire protection, etc.

§852.211-76   Noncompliance with packaging, packing, and/or marking requirements.

The following clause will be included in contracts for supplies for delivery to supply distribution warehouses or depots for storage and subsequent issue to a using activity.   It may also be included when appropriate when delivery is direct to a using activity.

NONCOMPLIANCE WITH PACKAGING, PACKING AND/OR MARKING REQUIREMENTS (JUL 1989)

Failure to comply with the packaging, packing and/or marking requirements indicated herein, or incorporated herein by reference, may result in rejection of the merchandise and request for replacement or repackaging, repacking, and/or marking. The Government reserves the right, without obtaining authority from the contractor, to perform the required repackaging, repacking, and/or marking services and charge the contractor at the actual cost to the Government for the same or have the required repackaging, repacking, and/or marking services performed commercially under Government order and charge the contractor at the invoice rate. In connection with any discount offered, time will be computed from the date of completion of such repackaging, repacking and/or marking services.

(End of Clause)

§852.211-77   Brand name or equal.

The brand name or equal clause when used as prescribed by §811.104 will be as follows:

BRAND NAME OR EQUAL (NOV 1984)

(Note:   as used in this clause, the term "brand name" includes identification of products by make and model.)

(End of Clause)

§852.211-78   Liquidated damages.

As prescribed in §811.504 and §836.206, the contracting officer may insert the following clause when appropriate:

PARTIAL PERFORMANCE AND ACCEPTANCE (APR 1984)

If any unit of the work contracted for is accepted in advance of the whole, the rate of liquidated damages assessed will be in the ratio that the value of the unaccepted work bears to the total amount of the contract. If a separate price for unaccepted work has not been stated in the contractor's bid, determination of the value thereof will be made from schedules of costs furnished by the contractor and approved by the contracting officer, as specified elsewhere in the contract.

(End of Clause)

§852.214-70   Caution to bidders--bid envelopes.

As provided in §814.201, the following provision will be prominently placed on all IFBs:

CAUTION TO BIDDERS--BID ENVELOPES (APR 1984)

It is the responsibility of each bidder to take all necessary precautions, including the use of proper mailing cover, to insure that the bid price cannot be ascertained by anyone prior to bid opening. If a bid envelope is furnished with this invitation, the bidder is requested to use this envelope in submitting the bid. The bidder may, however, when it suits a purpose, use any suitable envelope, identified by the invitation number and bid opening time and date. If a bid envelope is not furnished, the bidder will complete and affix the enclosed Optional Form 17, Sealed Bid Label, to the lower left corner of the envelope used in submitting the bid.

(End of Provision)

§852.214-71   Alternate items.

As prescribed in §814.201, consideration of alternate items may be appropriate.   The following provisions may be used under the specified conditions:

§852.214-73   Bid samples.

As prescribed in §814.202-4, insert the following provision:

BID SAMPLES (SEP 1993)

Any bid sample(s) furnished must be in the quantities specified in the solicitation and plainly marked with the complete lettering/numbering and description of the related bid item(s); the number of the Invitation for Bids; and the name of the bidder submitting the bid sample(s). Cases or packages containing any bid sample(s) must be plainly marked "Bid Sample(s)" and all changes pertaining to the preparation and transportation of bid sample(s) must be prepaid by the bidder.Bid sample(s) must be received at the location specified in the solicitation by the time and date for receipt of bids.

(End of Provision)

§852.216-70   Estimated quantities for requirements contracts.

§852.219-70   Veteran-owned small business.

(NOTE:   See approved deviation dated May 11, 2001)

As prescribed in 819.7003(b) , the following certification will be made a part of all solicitations and all requests for quotations:

VETERAN-OWNED SMALL BUSINESS (DEC 1990)

The offeror represents that the firm submitting this offer (__) is (__) is not, a veteran-owned small business, (__) is (__) is not, a Vietnam era veteran-owned small business, and (__) is (__) is not, a disabled veteran-owned small business. A veteran-owned small business is defined as a small business, at least 51 percent of which is owned by a veteran who also controls and operates the business. Control in this context means exercising the power to make policy decisions. Operate in this context means actively involved in the day-to-day management. For the purpose of this definition, eligible veterans include:

Failure to execute this representation will be deemed a minor informality and the bidder or offeror shall be permitted to satisfy the requirement prior to award (see FAR 14.405).

(End of Provision)

§852.222-70   Contract Work-Hours and Safety Standards Act--nursing home care contract supplement.

As prescribed in §822.304, nursing home care contracts will include the following clause:

CONTRACT WORK-HOURS AND SAFETY STANDARD ACT--NURSING HOME CARE CONTRACT SUPPLEMENT (APR 1984)

In the performance of any contract entered into pursuant to the provisions of 38 U.S.C. 620 to provide nursing home care of veterans, no contractor or subcontractor under such contracts shall be deemed in violation of section 102 of the Contract-Work Hours and Safety Standards Act by virtue of failure to pay the overtime wages required by such section for work in excess of 8 hours in any calendar day or 40 hours in the workweek to any individual employed by establishment which is an institution primarily engaged in the care of the sick, the aged, or the mentally ill or defective who resides on the premises if, pursuant to an agreement or understanding arrived at between the employer and the employee before performance of the work, a work period of 14 consecutive days is accepted in lieu of the workweek of 7 consecutive days for the purpose of overtime compensation and if such individual receives compensation for employment in excess of 8 hours in any workday and in excess of 80 hours in such 14-day period at a rate no less than 1 1/2 times the regular rate at which the individual is employed, computed in accordance with the requirements of the Fair Labor Standards Act of 1938, as amended.

(End of Clause)

§852.228-70   Bond premium adjustment.

The following clause will be utilized as prescribed by §828.106-70:

BOND PREMIUM ADJUSTMENT (APR 1984)

When net changes in original contract price affect the premium of a Corporate Surety Bond by $5 or more, the Government in determining basis for final settlement, will provide for bond premium adjustment computed at the rate shown in the bond.

(End of Clause)

§852.229-70   Purchases from patient's funds.

When contracts are for items to be purchased solely from personal funds of patients, the following tax provision will be used in lieu of the Federal, State and local tax clause in FAR 52.229-1 or, if the contract is for commercial items, in lieu of paragraph (k), Taxes, in FAR clause 52.212-4:

SALES OR USE TAXES (APR 1984)

The articles listed in this bid invitation will be purchased from personal funds of patients and prices bid herein include any sales or use tax heretofore imposed by any State, or by any duly constituted taxing authority therein, having jurisdiction to levy such a tax, applicable to the material in this bid.

(End of Provision)

§852.229-71   Purchases for patients using Government funds and/or personal funds of patients.

When contracts are for items to be purchased from both Government funds and personal funds of patients, the following provision will be included as a part of the Federal, State, and local tax clause in FAR 52.229-1 or, if the contract is for commercial items, as an addendum to FAR clause 52.212-4:

SALES OR USE TAXES (APR 1984)

Any article purchased from this contract, payable from personal funds of patients, will be subject to any applicable sales or use tax levied thereon by any State, or by duly constituted taxing authority therein having jurisdiction to levy such a tax; the total amount of the tax applicable to such purchase payable from personal funds of patients will be computed on the total amount of the order and will be shown as a separate item on the purchase order and invoice. The bidder shall identify the applicable taxes and rates in his/her bid.

(End of Provision)

§852.233-70   Protest content.

As prescribed in §833.106 of this chapter, insert the following provision in each solicitation where the total value of all contract awards under the solicitation is expected to exceed the simplified acquisition threshold:

PROTEST CONTENT (JAN 1998)

(End of Provision)

§852.233-71   Alternate Protest Procedure.

As prescribed in §833.106 of this chapter, insert the following provision in each solicitation where the total value of all contract awards under the solicitation is expected to exceed the simplified acquisition threshold:

ALTERNATE PROTEST PROCEDURES (JAN 1998)

As an alternative to filing a protest with the contracting officer, an interested party may file a protest with the Deputy Assistant Secretary for Acquisition and Materiél Management, Acquisition Administration Team, Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420, or, for solicitations issued by the Office of Facilities Management, the Chief Facilities Management Officer, Office of Facilities Management, 810 Vermont Avenue, NW, Washington, DC 20420. The protest will not be considered if the interested party has a protest on the same or similar issues pending with the contracting officer.

§852.236-71   Specifications and drawings for construction.

As prescribed in §836.521, insert the following clause:

SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (JUL 2002)

The clause entitled "Specifications and Drawings for Construction" in FAR 52.236-21 is supplemented as follows:

(End of Clause)

§852.236-72   Performance of work by the contractor.

As prescribed in §836.501, insert the following clause:

PERFORMANCE OF WORK BY THE CONTRACTOR (JUL 2002)

The clause entitled "Performance of Work by the Contractor" in FAR 52.236-1 is supplemented as follows:

(End of Clause)

ALTERNATE I (JUL 2002).   For requirements which include Network Analysis System (NAS), substitute the following paragraphs (b) and (c) for paragraphs (b) and (c) of the basic clause:

§852.236-74   Inspection of construction.

As prescribed in §846.312, insert the following clause:

INSPECTION OF CONSTRUCTION (JUL 2002)

The clause entitled "Inspection of Construction" in FAR 52.246-12 is supplemented as follows:

(End of Cause)

§852.236-76   Correspondence.

As prescribed in §836.570, insert the following clause:

CORRESPONDENCE (APR 1984)

All correspondence relative to this contract shall bear Specification Number, Project Number, Department of Veterans Affairs Contract Number, title of project and name of facility.

(End of Clause)

§852.236-77   Reference to "standards."

As prescribed in §836.571, insert the following clause:

REFERENCE TO "STANDARDS" (JUL 2002)

Any materials, equipment, or workmanship specified by references to number, symbol, or title of any specific Federal, Industry or Government Agency Standard Specification shall comply with all applicable provisions of such standard specifications, except as limited to type, class or grade, or modified in contract specifications. Reference to "Standards" referred to in the contract specifications, except as modified, shall have full force and effect as though printed in detail in specifications.

(End of Clause)

§852.236-78   Government supervision.

As prescribed in §836.572, insert the following clause:

GOVERNMENT SUPERVISION (APR 1984)

(End of Clause)

§852.236-79   Daily report or workers and materials.

As prescribed in §836.573, insert the following clause:

DAILY REPORT OF WORKERS AND MATERIAL (APR 1984)

The contractor shall furnish to the resident engineer each day a consolidated report for the preceding work day in which is shown the number of laborers, mechanics, foremen/forewomen and pieces of heavy equipment used or employed by the contractor and subcontractors. The report shall bear the name of the firm, the branch of work which they perform such as concrete, plastering, masonry, plumbing, sheet metal work, etc. The report shall give a breakdown of employees by crafts, location where employed, and work performed. The report shall also list materials delivered to the site on the date covered by the report.

(End of Clause)

§852.236-80   Subcontracts and work coordination.

As prescribed in §836.574, insert the following clause:

SUBCONTRACTS AND WORK COORDINATION (APR 1984)

(End of Clause)

Alternate I (JUL 2002).   For new construction work with complex mechanical-electrical work, the following paragraph relating to work coordination may be substituted for paragraph of the basic clause:

§852.236-82   Payments under fixed-price construction contracts (without NAS).

As prescribed in §832.111, insert the following clause in contracts that do not contain a section entitled "Network Analysis System (NAS)":

PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (APR 1984)

The clause entitled "Payments Under Fixed-Price Construction Contracts" in FAR 52.232-5 is implemented as follows:

System

Percent

Pneumatic tube system

10

Incinerators (medical waste and trash)

5

Sewage treatment plant equipment

5

Water treatment plant equipment

5

Washers (dish, cage, glass, etc.)

5

Sterilizing equipment

5

Water distilling equipment

5

Prefab temperature rooms (cold, constant temperature)

5

Entire air-conditioning system (Specified under 600 Sections)

5

Entire boiler plant system (Specified under 700 Sections)

5

General supply conveyors

10

Food service conveyors

10

Pneumatic soiled linen and trash system

10

Elevators and dumbwaiters

10

Materials transport system

10

Engine-generator system

5

Primary switchgear

5

Secondary switchgear

5

Fire alarm system

5

Nurse call system

5

Intercom system

5

Radio system

5

TV (entertainment) system

5

ALTERNATE I (JUL 2002).   If the specifications include guarantee period services, the contracting officer shall include the following paragraphs as additions to paragraph (b) of the basic clause:

6.

§852.236-83   Payments under fixed-price construction contracts (including NAS).

As prescribed in §832.111, insert the following clause in contracts that contain a section entitled "Network Analysis System (NAS)":

PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (JUL 2002)

The clause entitled "Payments under Fixed-Price Construction Contracts" in FAR 52.232-5 is implemented as follows:

System

Percent

Pneumatic tube system

10

Incinerators (medical waste and trash)

5

Sewage treatment plant equipment

5

Water treatment plant equipment

5

Washers (dish, cage, glass, etc.)

5

Sterilizing equipment

5

Water distilling equipment

5

Prefab temperature rooms (cold, constant temperature)

5

Entire air-conditioning system (Specified under 600 Sections)

5

Entire boiler plant system (Specified under 700 Sections)

5

General supply conveyors

10

Food service conveyors

10

Pneumatic soiled linen and trash system

10

Elevators and dumbwaiters

10

Materials transport system

10

Engine-generator system

5

Primary switchgear

5

Secondary switchgear

5

Fire alarm system

5

Nurse call system

5

Intercom system

5

Radio system

5

TV (entertainment) system

5

(End of Clause)

ALTERNATE I (JUL 2002).   If the specifications include guarantee period services, the contracting officer shall include the following paragraphs as additions to paragraph (b) of the basic clause:

6.

§852.236-84   Schedule of work progress.

As prescribed in §836.575, insert the following clause:

SCHEDULE OF WORK PROGRESS (NOV 1984)

(End of Clause)

§852.236-85   Supplementary labor standards provisions.

As prescribed in §836.576, insert the following clause:

SUPPLEMENTARY LABOR STANDARDS PROVISIONS (APR 1984)

(End of Clause)

§852.236-86   Worker's compensation.

As prescribed in §836.577, insert the following clause:

WORKER'S COMPENSATION (JUL 2002)

The Act of June 25, 1936, 49 Stat. 1938 (40 U.S.C. 290) authorizes the constituted authority of States to apply their worker's compensation laws to all lands and premises owned or held by the United States.

(End of Clause)

§852.236-87   Accident Prevention. (SEP 1993)

As prescribed in §836.513, insert the following clause:

ACCIDENT PREVENTION (SEP 1993)

The Resident Engineer on all assigned construction projects, or other Department of Veterans Affairs employee if designated in writing by the Contracting Officer, shall serve as Safety Officer and as such has authority, on behalf of the Contracting Officer, to monitor and enforce Contractor compliance with FAR 52.236-13, Accident Prevention.   However, only the Contracting Officer may issue an order to stop all or part of the work while requiring satisfactory or corrective action to be taken by the Contractor.

(End of Clause)

§852.236-88   Contract changes--supplement.

As prescribed in §836.578, insert the following clause:

CONTRACT CHANGES - SUPPLEMENT (JUL 2002)

The clauses entitled "Changes" in FAR 52.243-4 and "Differing Site Conditions" in FAR 52.236-2 are supplemented as follows:

(End of Clause)

§852.236-89   Buy American Act.

As prescribed at §825.1102, insert the following clause:

BUY AMERICAN ACT (JUL 2002)

(End of Cause)

Alternate I (JUL 2002).   As prescribed in §825.1102(b), substitute the following paragraphs for paragraphs (a) and (b) of the basic clause:

Alternate II (JUL 2002).   As prescribed in §825.1102(c), substitute the following paragraphs for paragraphs (a) and (b) of the basic clause:

§852.236-90 Restriction on submission and use of equal products.

As prescribed in §836.202(c), the following clause shall be included in the solicitation if it is determined that only one product will meet the Government's minimum needs and VA will not allow the submission of "equal" products:

RESTRICTION ON SUBMISSION AND USE OF EQUAL PRODUCTS (NOV 1986)

The clause applies to the following items:
__________________________________
__________________________________
__________________________________

Notwithstanding the "Material and Workmanship" clause of this contract, FAR 52.236-5(a), nor any other contractual provision, "equal" products will not be considered by VA and may not be used.

(End of Clause)

§852.236-91   Special notes.

As prescribed in §836.579, insert the following clause:

SPECIAL NOTES (JUL 2002)

(End of Clause)

§852.237-7   Indemnification and Medical Liability Insurance.

As prescribed in §837.403, insert the following clause:

INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (OCT 1996)

(End of Clause)

§852.237-70   Contractor responsibilities.

§852.237-71   Indemnification and insurance (vehicle and aircraft service contracts).

§852.246-1   Special warranties.

As prescribed in §846.710-70, insert the following clause:

SPECIAL WARRANTIES (JUL 2002)

The clause entitled "Warranty of Construction" in FAR 52.246-1 is supplemented as follows:

Any special warranties that may be required under the contract shall be subject to the elections set forth in the FAR clause at 52.246-1, Warranty of Construction, unless otherwise provided for in such special warranties.

(End of Clause)

§852.246-2   Warranty for construction--guarantee period services.

As prescribed in §846.710-71, insert the following clause:

WARRANTY FOR CONSTRUCTION –GUARANTEE PERIOD SERVICES (JUL 2002)

The clause entitled "Warranty of Construction" in FAR 52.246-2 is supplemented as follows:

Should the contractor fail to prosecute the work or fail to proceed promptly to provide guarantee period services after notification by the contracting officer, the Government may, subject to the default clause contained at FAR Section 52.249-10, Default (Fixed-Price Construction), and after allowing the contractor 10 days to correct and comply with the contract, terminate the right to proceed with the work (or the separable part of the work) that has been delayed or unsatisfactorily performed. In this event, the Government may take over the work and complete it by contract or otherwise, and may take possession of and use any materials, appliance, and plant on the work site necessary for completing the work. The contractor and its sureties shall be liable for any damages to the Government resulting from the contractor's refusal or failure to complete the work within this specified time, whether or not the contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Government in completing the work.

(End of Clause)

§852.247-70   Transportation provision for bid evaluation.

In circumstances enunciated in §847.305-70, the following provision will be inserted in the IFB:

DETERMINING TRANSPORTATION COSTS FOR BID EVALUATION (APR 1984)

For the purpose of evaluating bids and for no other purpose, the delivered price per unit will be determined by adding the nationwide average transportation charge to the f.o.b. origin bid prices. The nationwide average transportation charge will be determined by applying the following formula:   Multiply the guaranteed shipping weight by the freight, parcel post, or express rate, whichever is proper, to each destination shown below and then multiply the resulting transportation charges by the anticipated demand factor shown for each destination. Total the resulting weighted transportation charges for all destinations and divide the total by 20 to give the nationwide average transportation charge.

Anticpated demand

Area destination

Factor

Oakland, California

3

Dallas, Texas

2

Omaha, Nebraska

3

Fort Wayne, Indiana

4

Atlanta, Georgia

3

New York, New York

5


Total of factors

20


(End of Provision)

§852.252-1   Provisions or clauses requiring completion by the offeror or prospective contractor.

As prescribed in §852.102(a), insert the following provision:

PROVISIONS OR CLAUSES THAT REQUIRE COMPLETION BY THE OFFEROR OR PROSPECTIVE CONTRACTOR (DEC 1999)

The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer.

[Contracting officer shall list all FAR and 48 CFR Chapter 8 (VAAR) provisions and clauses incorporated by reference that must be completed by the offeror or prospective contractor and submitted with the quotation or offer.]

(End of provision)

§852.270-1   Representatives of contracting officers.

Whenever it is considered necessary to designate a representative under §801.603-70, the following provision will be made a part of the request for proposal or invitation to bid:

REPRESENTATIVES OF CONTRACTING OFFICERS (APR 1984)

The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally supervise 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 the contractor.

(End of Provision)

§852.270-2   Bread and bakery products.

The following clause will be inserted in all contract for bread and bakery products:

QUANTITIES (APR 1984)

The bidder agrees to furnish up to 25 percent more or 25 percent less than the quantities awarded when ordered by the Department of Veterans Affairs.

(End of Clause)

§852.270-3   Purchase of shellfish.

Invitations for bids or requests for proposals covering oysters, clams or mussels, fresh or frozen, will contain the following clause:

SHELLFISH (APR 1984)

The bidder certifies that oysters, clams, and mussels will be furnished only from plants approved by and operated under the supervision of shellfish authorities of States whose certifications are endorsed currently by the U.S. Public Health Service, and the names and certificate numbers of those shellfish dealers must appear on current lists published by the U.S. Public Health Service. These items shall be packed and delivered in approved containers, sealed in such manner that tampering is easily discernible, and marked with packer's certificate number impressed or embossed on the side of such containers and preceded by the State abbreviation. Containers shall be tagged or labeled to show the name and address of the approved producer or shipper, the name of the State of origin, and the certificate number of the approved producer or shipper.

(End of Clause)

§852.270-4   Commercial advertising.

All VA contracts will include the following clause:

COMMERCIAL ADVERTISING (NOV 1984)

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)

§852.271-70   Services provided beneficiaries. (APR 1984)

The following clause will be included in all contracts covering services provided to eligible beneficiaries:

NONDISCRIMINATION IN SERVICES PROVIDED BENEFICIARIES (APR 1984)

The contractor agrees to provide all services specified in this contract for any person determined eligible by the Under Secretary for Health, or designee, regardless of the race, color, religion, sex, or national origin of the person for whom such services are ordered.   The contractor further warrants that he/she will not resort to subcontracting as a means of circumventing this provision.

(End of Clause)

§852.271-71   Visits to Department of Veterans Affairs guidance centers.

The following clause will be included in contracts entered into for services relating to vocational counseling:

INSPECTION (APR 1984)

Any duly authorized representative of the Department of Veterans Affairs shall at all reasonable times be permitted to inspect the counseling and testing operations being performed under this contract and the records of these operations.

(End of Clause)

§852.271-72   Time spent by counselee in counseling process.

Insert the following clause in contracts entered into for services relating to vocational counseling:

TIME SPENT BY COUNSELEE IN COUNSELING PROCESS (APR 1984)

The contractor agrees that no counselee referred under the provisions of this agreement will be required to give any extra time in connection with the counseling process to supply test results or other information for purposes other than those specified in this contract.

(End of Clause)

§852.271-73   Use and publication of counseling results.

Insert the following clause in contracts entered into for services relating to vocational counseling:

PUBLISHING RESULTS (APR 1984)

The contractor agrees that none of the information or data gathered in connection with the services specified in this contract or studies or materials based thereon or relating thereto will be publicized without the prior approval of the Chief Benefits Director or his/her designee.

(End of Clause)

§852.271-74   Inspection.

Insert the following clause in contracts entered into with educational institutions and training establishments for education and rehabilitation:

INSPECTION (APR 1984)

The contractor will permit the duly authorized representative of the Department of Veterans Affairs to visit the place of instruction as may be necessary and examine the training facilities and work of the veterans in training under this contract.

(End of Clause)

§852.271-75   Extension of contract period.

The following clause will be included in contracts, where appropriate, pertaining to services for education and rehabilitation:

EXTENSION OF CONTRACT PERIOD (APR 1984)

This contract may be extended from year to year if agreeable to both parties provided the agreement for extension is consummated 30 days prior to the expiration date, and further provided that there is no change in the provisions, terms, conditions, or rate of payment. Any extension made hereunder is subject to the availability of funds during the period covered by the extension.

(End of Clause)

§852.273-70   Late offers.

As prescribed in §873.110(a), insert the following provision:

LATE OFFERS (JAN 2003)

This provision replaces paragraph (f) of FAR provision 52.212-1. Offers or modifications of offers received after the time set forth in a request for quotations or request for proposals may be considered, at the discretion of the contracting officer, if determined to be in the best interest of the Government. Late bids submitted in response to an invitation for bid (IFB) will not be considered.

(End of provision)

§852.273-71   Alternative negotiation techniques.

As prescribed in §873.110(b), insert the following provision:

ALTERNATIVE NEGOTIATION TECHNIQUES (JAN 2003)

The contracting officer may elect to use the alternative negotiation techniques described in section §873.111(e) of 48 Code of Federal Regulations Chapter 8 in conducting this procurement. If used, offerors may respond by maintaining offers as originally submitted, revising offers, or submitting an alternative offer. The Government may consider initial offers unless revised or withdrawn, revised offers, and alternative offers in making the award. Revising an offer does not guarantee an offeror an award.

(End of provision)

§852.273-72   Alternative evaluation.

As prescribed in §873.110(c), insert the following provision:

ALTERNATIVE EVALUATION (JAN 2003)

(End of provision)

§852.273-73   Evaluation - health-care resources.

As prescribed in §873.110(d), in lieu of FAR provision 52.212-2, the contracting officer may insert a provision substantially as follows:

EVALUATION - HEALTH-CARE RESOURCES (JAN 2003)

§852.273-74   Award without exchanges.

As prescribed in §873.110(e), insert the following provision:

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)

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