Title 48

SECTION 852.212-70

852.212-70 Provisions and Clauses Applicable to VA Acquisition of Commercial Items.

As prescribed in 812.301(f)(1), insert the following clause to indicate provisions and clauses applicable to this acquisition:

Provisions and Clauses Applicable to VA Acquisition of Commercial Items (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference or full text to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference or in full text. Text requiring fill-ins is shown under the clause or provision title:

__852.203-70, Commercial Advertising. __852.209-70, Organizational Conflicts of Interest. __852.214-71, Restrictions on Alternate Item(s). __852.214-72, Alternate Item(s).

Bids on [Contracting Officer will insert an alternate item that is considered acceptable] will be given equal consideration along with bids on [Contracting Officer will insert the required item and item number]** and any such bids received may be accepted if to the advantage of the Government. Tie bids will be decided in favor of [Contracting Officer will insert the required item and item number].

(End of provision) __852.214-73, Alternate Packaging and Packing. __852.214-74, Marking of Bid Samples. __852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors. __852.215-71, Evaluation Factor Commitments. __852.216-71, Economic Price Adjustment of Contract Price(s) Based on a Price Index. __852.216-72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index. __852.216-73, Economic Price Adjustment - State Nursing Home Care for Veterans. __852.216-74, Economic Price Adjustment - Medicaid Labor Rates. __852.216-75, Economic Price Adjustment - Fuel Surcharge. __852.219-9, VA Small Business Subcontracting Plan Minimum Requirements. __852.219-10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside. __852.219-11, VA Notice of Total Veteran-Owned Small Business Set-Aside. __852.222-70, Contract Work Hours and Safety Standards Act - Nursing Home Care Contract Supplement. __852.228-70, Bond Premium Adjustment. __852.228-71, Indemnification and Insurance. __852.228-72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds. __852.229-70, Sales and Use Taxes. __852.232-72, Electronic Submission of Payment Requests. __852.233-70, Protest Content/Alternative Dispute Resolution. __852.233-71, Alternate Protest Procedure. __852.237-7, Indemnification and Medical Liability Insurance. __852.237-70, Contractor Responsibilities.

The Contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of ___[Insert name of State]. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the Contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting therefrom.

(End of clause) __852.246-70, Guarantee.

The Contractor guarantees the equipment against defective material, workmanship and performance for a period of ___[Normally, insert one year. If industry policy covers a shorter or longer period, i.e., 90 days or for the life of the equipment, insert such period.], said guarantee to run from date of acceptance of the equipment by the Government. The Contractor agrees to furnish, without cost to the Government, replacement of all parts and material that are found to be defective during the guarantee period. Replacement of material and parts will be furnished to the Government at the point of installation, if installation is within the continental United States, or f.o.b. the continental U.S. port to be designated by the Contracting Officer if installation is outside of the continental United States. Cost of installation of replacement material and parts shall be borne by the contractor. [The above clause will be modified to conform to standards of the industry involved.]

(End of clause) __852.246-71, Inspection or Alternate I. __852.246-72, Frozen Processed Foods. __852.246-73, Noncompliance with packaging, packing, and/or marking requirements. __852.270-1, Representatives of Contracting Officers. __852.270-2, Bread and Bakery Products - Quantities. __852.270-3, Purchase of Shellfish. __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.

(b) When appropriate and in accordance with the prescriptions for the clause, the contracting officer may use the following clause in requests for quotations, solicitations, and contracts for the acquisition of commercial items if the contracting officer determines that the use is consistent with customary commercial practices:

__852.211-70, Service Data Manuals or Alternate I.

(c) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause at

__852.271-70, Nondiscrimination in Services Provided to Beneficiaries. (End of clause) [85 FR 16906, Mar. 25, 2020]