PRESOL | 12 | Installation of Surge Protection on Fire Alarm System

FBO DAILY ISSUE OF MAY 05, 2010 FBO #3084
SOLICITATION NOTICE

12 -- Installation of Surge Protection on Fire Alarm System

Notice Date: 5/3/2010
Notice Type: Presolicitation
NAICS: 922160 — Fire Protection
Contracting Office: Department of Labor, Employment Training Administration, Flint Genesee Job Corps Center, 2400 N Saginaw Street, Flint, Michigan, 48505
ZIP Code: 48505
Solicitation Number: FireAlarmSurgeProtectors_05032010
Point of Contact: Adele Bosh, Phone: 8102329102
E-Mail Address: bosh.adele@jobcorps.org
(bosh.adele@jobcorps.org)
Small Business Set-Aside: Competitive 8(a)
Description: Findings: The center is occasionally struck by lightning during a thunder storm which could cause damage to the fire alarm system on the center. Project: Provide surge protection to protect the fire alarm system from lightning strike. Scope of Work: Installation of surge protection on fire alarm system in eight (8) buildings at the Flint-Genesee Job Corps Center. Site Visit on Wednesday, May 26, 2010 @ 1:00 pm please call 810-232-9102 ext 106 to confirm attendance. General Conditions: No work may be started without a written Purchase Order issued by the Purchasing Department. All work to be coordinated through the Facilities Department Contractors working at the Flint-Genesee Job Corps Center must sign in and out each day. Vehicles entering and exiting the Job Corps Center are subject to search. Work may be scheduled between the hours of 8:00am – 3:30pm, Monday-Friday. It is the responsibility of the contractor to insure tools and material are secured at the end of each day. All wiring methods and materials must be code compliant. Bid proposal to include breakout of material, labor and mark-up. Patching and sealing of penetrations or abandoned openings is the responsibility of the contractor. The Flint-Genesee Job Corps Center may cancel project based on funding withdrawal. Note: The Flint-Genesee Job Corps Center is a smoke-free facility. References: NFPA 70, 72 Company: PURCHASE ORDER TERMS AND CONDITIONS 1. CONTRACT: This Purchase Order constitutes an offer to contract for sale between Alutiiq Professional Services, Buyer ("Alutiiq Professional Services") and Vendor (designated on the face hereof) which upon acceptance shall be a contract made in and governed by the laws of the State of MI. Vendor agrees that this Purchase Order shall constitute the entire contract between Alutiiq Professional Services, and Vendor that any delivery of the goods ordered hereunder or other performance with respect hereto indicating an intent to accept, shall be conclusively deemed to constitute an acceptance of this offer in strict accordance with the term hereof, notwithstanding any prior course of dealing, custom or usage of trade or performance, and notwithstanding that for its own convenience or otherwise. Vendor may utilize its own forms for and in connection with sale of goods hereunder. No provision in any such form of Vendor which purports to add to, modify, conflict with or contradict any provision of this Purchase Order shall be given any effect in construing the agreement between the parties or Vendor's obligations with respect to any goods ordered hereunder. The term "goods" as used herein shall mean that which Alutiiq Professional Services is offering to purchase from Vendor pursuant hereto, whether it be materials and products to be manufactured and/or delivered, or services to be rendered, or both. This Purchase Order is revocable, in whole or in part, by Alutiiq Professional Services, anytime prior to acceptance. 2. DELIVERY, QUALITY, QUANTITY, RISK OF LOSS: Vendor agrees to notify Alutiiq Professional Services immediately if at any time it appears that Vendor may not meet the delivery schedule. Such notification shall include the reasons for the delay, actual or potential, the steps being taken to remedy the constraint and the schedule Vendor believes it will be able to meet. Such notification shall not be deemed to be acquiescence in or approval of the delay, proposed revised delivery schedule or a waiver of the delivery schedule of this Purchase Order. Unauthorized advance shipments and shipments other than for the quantity ordered are returnable at Vendor's expense. Alutiiq Professional Services may at any time postpone delivery of any of the goods for a reasonable time as to any particular scheduled shipment. Identification of the goods under Section 2-501 of the Uniform Commercial Code shall occur at the moment Vendor accepts this Purchase Order. Vendor shall not be excused from performing his obligations hereunder if the goods identified are destroyed. Substituted goods of equal quantity and quality shall be tendered by Vendor. Delivery shall not be deemed complete until the goods have been actually received by Alutiiq Professional Services or at the destination it directs, notwithstanding any agreement to pay freight or other charges for transportation or insurance, the risk of loss in transit shall be upon Vendor and shall not pass to Alutiiq Professional Services until Alutiiq Professional Services actually takes physical possession of the goods. Alutiiq Professional Services shall not be responsible for failure to receive goods, if occasioned by any cause not within Alutiiq Professional Service’s control. 3. WARRANTIES, PATENT PROTECTION, INDEMNITY: All warranties of Vendor, whether created expressly by law or in fact, are incorporated herein by reference and shall include, and be hereby supplemented by, the following express warranties of Vendor: (a) The goods shall comply with any and all specifications, drawings, samples, or other descriptions furnished or adopted by Alutiiq Professional Services and attached hereto and made a part hereof; (b) the goods shall be merchantable, of good material and workmanship, free from defect, and suitable for their intended purposes; and 8 except in the case of goods for which Alutiiq Professional Services furnishes complete specifications, the manufacture and sale by Vendor of the goods, the use, resale, installation and intended use of the goods by Alutiiq Professional Services, and disclosure by Vendor to Alutiiq Professional Services in any manner hereunder shall not infringe upon or violate the legal or equitable rights of any person, corporation or partnership arising out of any license or franchise, or out of any patent, trademark, or other proprietary right, now or hereafter in effect. All obligations of Vendor hereunder shall survive acceptance of an payment for the goods. In addition, while at Vendor's facilities, Vendor shall provide, without additional cost, all reasonable accommodations and assistance for the safety and convenience of Alutiiq Professional Services, and in those instances where the face of the Purchase Orders bears a government contract number, the above rights and privileges shall be afforded the Government representatives. 4. INSPECTION: Alutiiq Professional Services reserves the right to inspect all goods prior to shipment by Vendor, and in furtherance thereof. Vendor shall permit employees or representatives of Alutiiq Professional Services to have access to Vendor's facilities at all reasonable hours. All goods shall nevertheless be subject to inspection and approval by Alutiiq Professional Services after delivery is received, prior to payment and may be rejected if they are or become nonconforming. If Alutiiq Professional Services in the reasonable exercise of its judgment determines that additional work, design, rework, or redesign, is necessary to cause any goods to come within the warranties herein above created, Alutiiq Professional Services may perform such work or design and supply such materials as may be necessary or appropriate therefore, all at the expense of Vendor, and performance of such work by Alutiiq Professional Services shall in no way invalidate, waive, or affect any warranty, express or implied, of Vendor, nor of itself cause Alutiiq Professional Services to waive by election any other remedy at law or in equity whatsoever. 5. PACKING AND SHIPPING: Ship only as specified herein, or as subsequently directed in writing, and in strict conformity with the governing tariff rules and regulations; Vendor shall pack or otherwise prepare all goods to meet carrier requirements and safeguard against damage from weather and transportation; No charges shall be allowed for packing or cartage unless noted herein; Unless otherwise agreed upon in writing by Alutiiq Professional Services, goods must be shipped prepaid at Vendor's expense; Mark each package to show Purchase Order number and include a packing sheet in each package; The expense of returning all goods, for whatever reason, shall be borne by Vendor, with title and risk of loss passing to Vendor at Alutiiq Professional Service’s facility. 6. PRICE: If at the time of shipment Vendor's current market price of the goods shall be lower than the price stated herein, Vendor agrees to give Alutiiq Professional Services the benefit of such lower price on each unshipped item. Except as otherwise specified herein, or as prohibited by law, Vendor shall pay all sales, use, excise or other taxes, federal, state and local, that may be imposed upon any of the goods, or the parties hereto, by reason of the sale, delivery or use of the goods. If any tax or portion thereof which is included or added to the price paid to Vendor for the goods is subsequently refunded to Vendor, Vendor shall then immediately pay to Alutiiq Professional Services the amount of such refund. Vendor warrants the price charged for the goods is no higher than that charged other purchasers for commodities of like grade and quality. 7. PAYMENTS: Payments shall be made upon submission of proper invoices for goods delivered and accepted. With respect to any discount offer, time shall be computed from the date of delivery or from the date correct invoice is received by Alutiiq Professional Services, whichever last occurs. Payment is deemed to be made, for the purpose of earning the discount, on the date Alutiiq Professional Service’s check is mailed. 8. INFORMATION DISCLOSED: No information or knowledge, heretofore of hereafter disclosed to Alutiiq Professional Services in the performance of, or in connection with this Purchase Order, shall be deemed to be confidential or proprietary, unless otherwise expressly agreed to in writing by Alutiiq Professional Services, and any such information or knowledge shall be free from any restrictions, other than a claim for patent infringement, as part of the consideration for this Purchase Order. Vendor shall not, without first obtaining consent of Alutiiq Professional Services, in any manner advertise, publish, or disclose the existence or acceptance of this Purchase Order nor any details connected herewith, or the content of any information or knowledge transmitted by Alutiiq Professional Services hereunder, to any third party. 9. DRAWINGS, MANUALS: Vendor, if required as part of its performance hereunder, shall, on or before delivery of any goods, supply any and all printed materials, such as catalogs, drawings, cuts, certified prints, characteristic curves, parts lists, service and technical manuals, and diagrams relating to such goods. The failure of Vendor to deliver the foregoing printed material required shall constitute a basis for nonpayment of the price of the goods until delivery is made. All such printed materials supplied by, or specifically manufactured, made, or produced at the request of Alutiiq Professional Services shall at all times be and remain the property of Alutiiq Professional Services and shall be delivered to Alutiiq Professional Services on demand. 10. INDEMNIFICATION: To the extent that Vendor's agents, employees or subcontractors enter upon premises occupied by or under the control of Alutiiq Professional Services, or any of its customers or suppliers, in the course of performance hereunder, Vendor shall take all necessary precautions to prevent the occurrence of any injury including death to any person or any damage to any property, arising out of any acts or omission of such agents, employees or subcontractors. Except to the extent that any injury or damage is due solely and directly to Alutiiq Professional Service’s negligence. Vendor shall indemnify and hold Alutiiq Professional Services harmless against all liabilities, losses, damages and expenses including Alutiiq Professional Service’s reasonable attorney's fees, arising out of any act, or omission of Vendor, its agents, employees or subcontractors, and Vendor shall maintain such Public Liability, Property Damage and Employee's Liability and Compensation Insurance as will protect Alutiiq Professional Services from any claims under any applicable Worker's Compensation and Occupational Disease Acts. Vendor further agrees to maintain primary and non-contributing Products Liability Insurance of not less than $100,000/$300,000 for Bodily Injury and $50,000 for Property Damage and blanket Broad Forms Supplier coverage designating Alutiiq Professional Services as additional name insured with provision for at least ten (10) days' prior written notice to Alutiiq Professional Services in the event of cancellation or reduction of coverage, and upon request, to promptly submit satisfactory evidence of such insurance. 11.ASSIGNMENT: Vendor shall not delegate any duties, nor assign any rights or claims hereunder, without prior written consent of Alutiiq Professional Services, and any such attempted delegation or assignment shall be void. All claims for monies due or to become due from Alutiiq Professional Services shall be subject to deduction by Alutiiq Professional Services for any set off or counterclaim arising out of this or any other of Alutiiq Professional Service’s Purchase Orders with Vendor, whether such set off or counterclaim arises before or after any such assignment by Vendor. 12. TERMINATION: Alutiiq Professional Services may modify the terms or conditions hereof or terminate work hereunder in whole or in part at any time by written notice, and upon the receipt thereof, Vendor shall, to the extent directed by Alutiiq Professional Services, stop both work and the placement of further orders or subcontracts, terminate work under orders and subcontracts outstanding, and take any necessary action to protect property in Vendor's possession in which Alutiiq Professional Services has or may acquire an interest. Modification or termination shall be without prejudice to any claims which Vendor may have against Alutiiq Professional Services. Alutiiq Professional Services shall pay Vendor's reasonable costs in making settlement hereunder, and in protecting property in which Alutiiq Professional Services has or may acquire an interest, provided that total payments hereunder shall not exceed the aggregate price specified herein, and provided that such claims for payment must be asserted within thirty (30) days from the date of receipt of notice of such modification or termination. Nothing contained herein shall relieve Vendor from proceeding without delay in the performance of this Purchase Order as modified. Notwithstanding anything to the contrary herein, and with respect to modifications hereof, in those instances where the face hereof bears a Government contract number, Alutiiq Professional Services may modify only the drawings and specification, packing and packaging, place of delivery, quantities and delivery schedule. Alutiiq Professional Services may cancel or terminate this Purchase Order without any liability or obligation in the event of: (a) the commencing of any proceeding under the Bankruptcy Act, federal or state, as amended, by or against Vendor; (b) Vendor becoming insolvent; (c) Vendor making any assignment for the benefit of creditors; (d) a writ of attachment or execution being levied on any property of Vendor and not being released or satisfied within ten (10) days there from; (e) a received being appointed in any proceeding or action to which Vendor is a party; (f) the failure by Vendor to produce and deliver acceptable goods, or comply with any other instructions, terms, conditions or warranties applicable hereto; (g) any other event occurring which under the Uniform Commercial Code or other applicable law would entitle Alutiiq Professional Services to cancel and terminate this Purchase Order. In the event of termination for cause (a through g above), Alutiiq Professional Services may produce or purchase or otherwise acquire goods elsewhere, on such terms or in such manner as Alutiiq Professional Services may deem appropriate, and Vendor shall be liable to Alutiiq Professional Services for any excess cost or other expenses incurred by Alutiiq Professional Services. In the event Vendor is entitled to recover damages hereunder, such damages shall not include any incidental damages as defined in Section 2-710 of the Uniform Commercial Code. 13.CONSIGNMENT: Unless otherwise provided herein, all supplies, materials, drawings, manuals, facilities, tools, jigs, dies, fixtures, patterns or equipment furnished to Vendor by Alutiiq Professional Services shall remain the property of Alutiiq Professional Services. Vendor shall bear all risk of loss and damage thereto, normal wear and tear excepted, while such property is in Vendor's actual or constructive possession. Such property shall at all times be properly housed and maintained by Vendor, shall not be commingled with the property of Vendor or others, shall not be moved from Vendor's premises without prior written authority from Alutiiq Professional Services, and shall, upon by Alutiiq Professional Services, be immediately returned to Alutiiq Professional Services. 14.NON-WAIVER REMEDIES; COST AND ATTORNEY’S FEES: The remedies herein reserved or created shall be cumulative and additional to any other or further remedies provided by law or in equity. Alutiiq Professional Services may remedy any breach of the terms or conditions hereof and may waive any breach of the terms of conditions hereof without waiving the breach remedied or without waiving any other prior or subsequent breach. Vendor shall indemnify and hold Alutiiq Professional Services harmless from and against all liabilities, losses and incidental damages and expenses, including Alutiiq Professional Service’s reasonable attorney's fees, resulting from a claim based upon either strict liability, or from the breach of any of the terms and conditions hereof, whether negligent or otherwise, specifically including, but not limited to, the breach of any of Vendor's warranties. Any action for breach hereof must be commenced within two years after the cause of action has accrued. For purposes hereof, a breach of warranty shall be deemed to accrue not when the goods are tendered, but when the actual breach is discovered. 15. INVOICES; STATEMENTS; AUDIT OF BOOKS: Unless otherwise provided in this Purchase Order, no invoice shall be issued and no payment will be made prior to physical delivery of goods, or completion of the rendering of services, to Alutiiq Professional Services. Individual invoices, in triplicate, showing this Purchase Order number, description of goods as shown herein, number of cartons shipped, and carrier and weight, shall be issued for each shipment applying hereto. One copy of each individual invoice must be plainly marked "ORIGINAL". Shipping charges and all applicable taxes, or charges for which Alutiiq Professional Services has agreed to pay, and has not furnished an exemption certificate, shall be itemized, Alutiiq Professional Services may take the applicable discount on the full amount of each invoice. Vendor agrees that its books and records, or such parts thereof as may relate to the performance hereunder, shall at all reasonable times be subject to inspection and audit by duly authorized representatives of Alutiiq Professional Services. 16.HEADINGS: The headings used herein are for reference purposes only and shall not affect the meaning or interpretation of this Purchase Order. 17.SEVERABILITY: Any provision of this Purchase Order prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remaining provisions hereof. 18.FAIR LABOR STANDARDS ACT (52.22-43 MAY 1989): All invoices from Vendor shall bear the following certification: "The Supplier herein represents that the goods and/or services covered hereby were produced in accordance with the requirements of the Fair Labor Standards Act of 1936, as amended". 19. OCCUPATIONS SAFETY AND HEALTH ACT: Vendor hereby warrants that all goods shall conform with the Occupational Safety and Health Act (OSHA). In the event that the goods do not conform with OSHA and Alutiiq Professional Services is penalized for such non-conformance, Vendor shall indemnify Alutiiq Professional Services for all penalties, costs and expenses including interest levied against Alutiiq Professional Services. 20. ADDITIONAL CLAUSES WHERE FEDERAL GOVERNMENT IS INTERESTED PARTY: Where the face of this Purchase Order bears a government contract number, the following clauses shall: (a) supplement the foregoing, and (b) the extent of any inconsistency with the foregoing, be controlling, Alutiiq Professional Services shall have the right at any time and for any reason to terminate the Purchase Order in its entirety or in part in accordance with the provisions of FAR Clause 52.249-02, entitled “Termination for Convenience of the Government (Fixed Price) (Sep 1996), which is specifically incorporated herein by reference. In addition to the rights conferred, Alutiiq Professional Services may terminate this Purchase Order for default Vendor fails to make any delivery in accordance with the schedule set forth herein or for failure to comply with any of the other requirements or terms and conditions of this Purchase Order or for failure to make progress under this Purchase Order so as to endanger performance of this Purchase Order, and does not cure such failure within a period of ten days after notice from Alutiiq Professional Services. In the event of termination for Vendor’s default, Alutiiq Professional Services may procure commodities or services similar to those terminated, and Vendor shall be liable for excess re-procurement costs. Further Vendor shall be liable to Alutiiq Professional Services for any other remedies prescribed by law or equity. 21.FEDERAL GOVERNMENT PROCUREMENT REGULATIONS: This Purchase Order is subject to the following clauses of the FAR: 52.252-2 Clauses Incorporated by Reference; 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 shall make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acqnet.gov (Feb-98)52.202-01 Definitions (Dec 2001); 52.203-03 Gratuities (Apr 1984); 52.203-05 Covenant Against Contingent Fees (Apr 1984); 52.203-6 Restrictions on Subcontractors Sales to the Government (Sept 2006); 52.203-07 Anti-Kickback Act (Jul 1995); 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (Jan 1997); 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (Jan 1997); 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Sept 2005); 52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Mar 2009); 52.204-01 Approval of Contract (Dec 1989); 52.204-4 Printed or Copied Double-Sided on Recycled Paper (Aug 2000); 52.204-7 Central Contractor Registration (July 2006); 52.204-9 Personal Identity Verification of Contractor Personnel (Nov 2006); 52.204-11 American Recovery and Reinvestment Act – Reporting Requirements (Mar 2009); 52.207-3 Right of First Refusal of Employment (May 2006); 52.209-05 Certification Regarding Responsibility Matters (Dec 2001); 52.209-06 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Jul 1995); 52.211-05 Material Requirements (Aug 2000); 52.211-06 Brand Name or Equal (Aug 1999); 52.214-07 Late Submissions, Modifications and Withdrawals of Bids (Nov 1999); 52.215-01 Instruction to Offerors--Competitive Acquisition (Jan 2004); 52.215-02 Audit and Records--Negotiations (June 1999); 52.215-8 Order of Precedence-Uniform Contract Data (Oct 1997);52.215-10 Price Reduction for Defective Cost or Pricing Data (Oct 1997); 52.215-11 Price Reduction for Defective Cost or Pricing Data-Modifications (Oct 1997); 52.215-12 Subcontractor Cost or Pricing Data (Oct 1997); 52.215-13 Subcontractor Cost or Pricing Date-Modifications (Oct 1997); 52.215-14 Integrity of Unit Prices 9Oct 1997); 52.215-15 Pension Adjustment and Asset Reversions (Oct 2004); 52.215-17 Waiver of Facilities Capital Cost of Money (Oct 1997); 52.215-18 Reversion or Adjustment of Plans for Post Retirement Benefits (PRB) Other than Pensions (July 2005); 52.215-21 Requirements for Cost or Pricing Data or Pricing Data or Information Other Than Cost or Pricing Data-Modifications/Alternate IV (Oct 1997); 52.216-07 Allowable Cost and Payment (Dec 2002); 52.216-10 Incentive Fee (Mar 1997); 52.216-24 Limitation of Government Liability (Apr 1984); 52.216-25 Contract Definitization (Oct 1997); 52.217-8 Option To Extend Services (30 days) (Nov 1999); 52.217-09 Option to Extend the Term of the Contract (Mar 2000); 52.219-08 Utilization of Small Business Concerns (Oct 2000); 52.219-09 Small Business Subcontracting Plan (Jan 2002); 52.219-14 Limitations on Subcontracting (Dec 1996); 52.219-16 Liquidated Damages-Subcontracting Plan (Jan 1999); 52.219-28 Post-Award Small Business Program Rerepresentation (Jun-07); 52.222-01 Notice to the Government of Labor Disputes (Feb 1997); 52.222-2 Payment for Overtime Premiums (July 1990);52.222-3 Convict Labor (Jun 2003); 52.222-4 Contract Work Hours and Safety Standards Act, Overtime Compensation (Sep 2002); 52.222-6 Davis-Bacon Act (July 2005); 52.222-10 Compliance with Copeland Act Requirements (Feb 1988); 52.222-11 Subcontracts (labor Standards) (July 2005); 52.222-13 Compliance with Davis-Bacon and Related Act (Feb 1988);52.222-21 Prohibition of Segregated Facilities (Feb 1999); 52.222-26 Equal Opportunity (Apr 2002); 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era and Other Eligible Veterans (Dec 2001); 52.222-36 Affirmative Action for Workers with Disabilities (Jun 1998); 52.222-37 Employment Reports on special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept-06); 52.222-41 Service Contract Act of 1965 (Nov-07); 52.222-43 Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (May 1989); 52.222-50 Combating Trafficking in Persons (Apr 2006); 52.222-51 Exemption from Application of the Service Contract Act To Contracts fro Maintenance, Calibration, or Repair of Certain Equipment – Requirements (Nov-07); 52.222-53 Exemption from Application of the Service Contract Act to Contracts for Certain Services – Requirements (Feb-09); 52.222-54 Employment Eligibility Verification (Jan-09); 52.223-1 Bio-Based Product Certification (Dec 2007); 52.223-2 Affirmative Procurement of Bio-Based Products Under Service and Construction Contracts (Dec 2007); 52.223-3 Hazardous Material Identification and Material Safety Data (Jan 1997); 52.223-4 Recovered Material Certification (May-08);52.223-5 Pollution Prevention and Right-to-Know Information (Aug 2003); 52.223-6 Drug-Free Workplace (May 2001); 52.223-10 Waste Reduction Program (Aug 2000); 52.223-12 Refrigeration Equipment and Air Conditioners (May 1995); 52.223-13 Certification of Toxic Chemical Release Reporting (Aug 2003); 52.223-14 Toxic Chemical Release Reporting (Aug 2003); 52.223-15 Energy Efficiency in energy-Consuming Products (Dec 2007); 52.223-16 IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007); 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (May-08); 52.224-1 Privacy Act Notification (Apr 1984); 52.224-02 Privacy Act (Apr 1984); 52.225-1 Buy American Act--Supplies (Jun 2003); 52.225-13 Restrictions on Certain Foreign Purchases (Feb 2006); 52.225-22 Notice of Required Use of American Iron, Steel, and Other Manufactured Goods – Buy American Act – Construction Materials (Mar 2009); 52.227-1 Authorization and Consent (July 1995); 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Aug 1996);52.227-14 Rights in Data-General (June 1987); 52.228-7 Insurance-Liability to Third Persons (Mar 1996); 52.228-8 Liability and Insurance-Leased Motor Vehicles (May 1999); 52.229-3 Federal, State, and Local Taxes (Apr 2003); 52.230-2 Cost Accounting Standards (Apr 1998); 52.230-3 Disclosure and Consistency of Cost Accounting Practices 9Apr 1998); 52.230-6 Administration of Cost Accounting Standards (Apr 2005); 52.232-1 Payment (Apr 1984); 52.232-7 Payments under Time-and-Materials and Labor-Hour Contracts (Dec 2002); 52.232-9 Limitations on Withholding of Payments (Apr 1984); 52.232-17 Interest (June 1996); 52.232-18 Availability of Funds (Apr 1984) “Known as Funding Out Clause”; 52.232-19 Availability of Funds for Next Fiscal Year (Apr 1984); 52.232-20 Limitation of Cost (Apr 1984); 52.232-22 Limitation of Funds (Apr 1984); 52.232-23 Assignment of Claims (Jan 1986); 52.232-25 Prompt Payment/Alternate I (Oct 2003); 52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003); 52.232-34 Payment by Electronic Funds Transfer-Other than Central contractor Registration (may 1999); 52.233-1 Disputes (Jul 2002): 52.233-2 Service of Protest (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); 52.237-7 Indemnification and Medical Liability Insurance (Jan 1997); 52.242-1 Notice of Intent to Disallow Costs (Apr 1984); 52.242-2 Production Progress Reports (Apr 1991); 52.242-3 Penalties for Unallowable Costs (May 2001); 52.242-4 Certification of Indirect Costs (Jan 1997); 52.242-13 Bankruptcy (July 1995);52.242-15 Stop Work Orders/Alternate (Apr-84); 52.243-1 Changes-Fixed Price (Aug 1987); 52.243-2 Changes-Cost Reimbursement (Aug 1987): 52.244-2 Subcontracts (Apr 1998); 52.244-5 Competition in Subcontracting (Dec 1996); 52.244-6 Subcontract for Commercial Items (Apr 2003) 52.245-1 Government Property (June 2007); 52.246-5 Inspection of Services-Cost Reimbursement (Apr 1984); 52.246-25 Limitation of Liability-Services (Feb 1997); 52.249-2 Termination for Convenience of the Government (Fixed-Price) (Sept 1996); 52.249-4 Termination for the Convenience of the Government (Service) (Short Form) (Apr 1984); 52.249-6 Termination (Cost Reimbursement) (May 2004); 52.249-8 Default (Fixed Price Supply and Service) (Apr 1984); 52.249-14 Excusable Delays (Apr 1984); 52.251-1 Government Supply Sources (Apr 1984); 52.251-2 Interagency fleet Management System Vehicles and Related Services (Jan 1991); 52.253-1 Computer Generated Forms (Jan 1991). Where necessary to make the clauses in Section 21 above consistent with the Purchase Order, the words "Government", "Contracting Officer", and similar words, as used therein shall mean Alutiiq Professional Services and the word "contractor" shall mean Vendor. References to "Disputes" in the forgoing clauses are deleted. The Vendor covenants and agrees that if Buyer's contract price or a cost allowance is reduced by reason of Vendor's failure to comply with an applicable Cost Accounting Standard or to follow any practice disclosed in its Disclosure Statement, Buyer shall be entitled to: Reduce the price of this purchase by an amount commensurate with the reduction in Buyer's contract price or cost allowance together with interest computed at a rate of 7 per cent per annum or; In the event Vendor shall already have been paid the full Purchase Order price, Vendor shall reimburse and indemnify the Buyer in an amount commensurate with the reduction in the Buyer's contract price of cost allowance together with interest computed at a rate of 7 per cent per annum. 22.STABILIZATION OF PRICES, RENTS, WAGES AND SALARIES: Vendor represents that to the best of its knowledge and belief, it is in complete compliance with executive Order 11640 or any amendments thereof; further, Vendor warrants that the amounts invoiced hereunder shall note exceed the lower of (1) the contract price, or (2) the maximum levels established in accordance with the order. Vendor agrees to insert the substance of this clause, including subparagraph in all subcontracts issued by it under this Purchase Order. ___ Agree ___ Do Not Agree Signature Date Please sign and fax back to Purchasing. Fax number 810-232-6684 PART IV. REPRESENTATIONS AND INSTRUCTIONS K.1 52.204-8 Annual Representations and Certifications. (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 922160. (2) The small business size standard is _____________ [insert size standard]. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies. (2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes: [ ] (i) Paragraph (d) applies. [ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation. (c) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. FAR Clause #TitleDateChange 52.230-1Cost Accounting Standards notices and CertificationOct 2008 52.230-7Proposal Disclosure – Cost Accounting PracticeApr 2005 Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA. 52.230-1 Cost Accounting Standards Notices and Certification. Note: This notice does not apply to small businesses or foreign governments. This notice is in three parts, identified by Roman numerals I through III. Offerors shall examine each part and provide the requested information in order to determine Cost Accounting Standards (CAS) requirements applicable to any resultant contract. If the offeror is an educational institution, Part II does not apply unless the contemplated contract will be subject to full or modified CAS coverage pursuant to 48 CFR 9903.201-2(c)(5) or 9903.201-2(c)(6), respectively. I. Disclosure Statement—Cost Accounting Practices and Certification (a) Any contract in excess of $650,000 resulting from this solicitation will be subject to the requirements of the Cost Accounting Standards Board (48 CFR Chapter 99), except for those contracts which are exempt as specified in 48 CFR 9903.201-1. (b) Any offeror submitting a proposal which, if accepted, will result in a contract subject to the requirements of 48 CFR Chapter 99 must, as a condition of contracting, submit a Disclosure Statement as required by 48 CFR 9903.202. When required, the Disclosure Statement must be submitted as a part of the offeror’s proposal under this solicitation unless the offeror has already submitted a Disclosure Statement disclosing the practices used in connection with the pricing of this proposal. If an applicable Disclosure Statement has already been submitted, the offeror may satisfy the requirement for submission by providing the information requested in paragraph (c) of Part I of this provision. Caution: In the absence of specific regulations or agreement, a practice disclosed in a Disclosure Statement shall not, by virtue of such disclosure, be deemed to be a proper, approved, or agreed-to practice for pricing proposals or accumulating and reporting contract performance cost data. (c) Check the appropriate box below: [ ] (1) Certificate of Concurrent Submission of Disclosure Statement. The offeror hereby certifies that, as a part of the offer, copies of the Disclosure Statement have been submitted as follows: (i)Original and one copy to the cognizant Administrative Contracting Officer (ACO) or cognizant Federal agency official authorized to act in that capacity (Federal official), as applicable; and (ii)One copy to the cognizant Federal auditor. (Disclosure must be on Form No. CASB DS-1 or CASB DS-2, as applicable. Forms may be obtained from the cognizant ACO or Federal official and/or from the loose-leaf version of the Federal Acquisition Regulation.) Date of Disclosure Statement: _________________________ Name and Address of Cognizant ACO or Federal Official Where Filed: _______________________________________ The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the Disclosure Statement. [ ] (2) Certificate of Previously Submitted Disclosure Statement. The offeror hereby certifies that the required Disclosure Statement was filed as follows: Date of Disclosure Statement: _________________________ Name and Address of Cognizant ACO or Federal Official Where Filed: _______________________________________ The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the applicable Disclosure Statement. [ ] (3) Certificate of Monetary Exemption. The offeror hereby certifies that the offeror, together with all divisions, subsidiaries, and affiliates under common control, did not receive net awards of negotiated prime contracts and subcontracts subject to CAS totaling $50 million or more in the cost accounting period immediately preceding the period in which this proposal was submitted. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Contracting Officer immediately. [ ] (4) Certificate of Interim Exemption. The offeror hereby certifies that (i)the offeror first exceeded the monetary exemption for disclosure, as defined in (3) of this subsection, in the cost accounting period immediately preceding the period in which this offer was submitted and (ii)(ii) in accordance with 48 CFR 9903.202-1, the offeror is not yet required to submit a Disclosure Statement. The offeror further certifies that if an award resulting from this proposal has not been made within 90 days after the end of that period, the offeror will immediately submit a revised certificate to the Contracting Officer, in the form specified under paragraph (c)(1) or (c)(2) of Part I of this provision, as appropriate, to verify submission of a completed Disclosure Statement. Caution: Offerors currently required to disclose because they were awarded a CAS-covered prime contract or subcontract of $50 million or more in the current cost accounting period may not claim this exemption (4). Further, the exemption applies only in connection with proposals submitted before expiration of the 90-day period following the cost accounting period in which the monetary exemption was exceeded. II. Cost Accounting Standards—Eligibility for Modified Contract Coverage If the offeror is eligible to use the modified provisions of 48 CFR 9903.201-2(b) and elects to do so, the offeror shall indicate by checking the box below. Checking the box below shall mean that the resultant contract is subject to the Disclosure and Consistency of Cost Accounting Practices clause in lieu of the Cost Accounting Standards clause. The offeror hereby claims an exemption from the Cost Accounting Standards clause under the provisions of 48 CFR 9903.201-2(b) and certifies that the offeror is eligible for use of the Disclosure and Consistency of Cost Accounting Practices clause because during the cost accounting period immediately preceding the period in which this proposal was submitted, the offeror received less than $50 million in awards of CAS-covered prime contracts and subcontracts. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Contracting Officer immediately. Caution: An offeror may not claim the above eligibility for modified contract coverage if this proposal is expected to result in the award of a CAS-covered contract of $50 million or more or if, during its current cost accounting period, the offeror has been awarded a single CAS-covered prime contract or subcontract of $50 million or more. III. Additional Cost Accounting Standards Applicable to Existing Contracts The offeror shall indicate below whether award of the contemplated contract would, in accordance with paragraph (a)(3) of the Cost Accounting Standards clause, require a change in established cost accounting practices affecting existing contracts and subcontracts. o Yes o No 52.230-7 Proposal Disclosure—Cost Accounting Practice Changes. The offeror shall check “yes” below if the contract award will result in a required or unilateral change in cost accounting practice, including unilateral changes requested to be desirable changes. o Yes o No If the offeror checked “Yes” above, the offeror shall— (1) Prepare the price proposal in response to the solicitation using the changed practice for the period of performance for which the practice will be used; and (2) Submit a description of the changed cost accounting practice to the Contracting Officer and the Cognizant Federal Agency Official as pricing support for the proposal.
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/DOL/ETA/FlintGeneseeJCC/FireAlarmSurgeProtectors_05032010/listing.html)
Place of Performance: Address: 2400 N Saginaw Street, Flint, Michigan, 48505, United States; Zip Code: 48505
Record: SN02139074-W 20100505/100503235152-a1348e5d48a53a4a4d7db95fc0d395c0 (fbodaily.com)
Source: FedBizOpps Link to This Notice
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12 -- Installation of Surge Protection on Fire Alarm System