RES 2006-1238 - PO to United States marshals service for vehicle maintenance and repair Q
•
�� vit °s� R E C F. I V F.0 Public Works Department
tJ r r�ir � 06 OCT 1 3 Aq f I; U 7) Omaha/Douglas Civic Center
Ire �':«�A::�^ 1819 Farnam Street,Suite 601
®. 0i - O• ctober 24, 2006 . Omaha,Nebraska 68183-0601
4,,�iro ITY :,;. ,,•; (402)444 5220
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City of Omaha Robert G.Stubbe,P.E.
Mike Fahey,Mayor Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution approving a Blanket Purchase Agreement between the
United States Marshals Service, U.S. Department of Justice, District of Nebraska and the City of
Omaha. The purpose of the Agreement is for the Public Works Department to provide
maintenance and repairs to the Marshals Service's District of Nebraska vehicles.
The United States Marshals Service will pay the City up to $10,000.00 for the services outlined
in the Blanket Purchase Agreement and the Marshals Service's Purchase Order No. DJMS-07-
47-157-042.
The Public Works Department requests your consideration and approval of the attached
Resolution:
t y submitted, Referred to City Council for Consideration:
/o -/0-06 e)11 /Q '/0 -0 4
o ert G. Stubbe, P.E. ) Date Mayor's Office Date
. Public Works Director V°l
Approved as to Funding:
Ce.A..-tA )%- )4 d 1:3-1.
Carol A. Ebdon I/#
Date
Finance Director
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STPP- 5057( 8 ) �� ��
C.N. 22243 E )(HIBIT
d City agree that:
(a) Pursuant to Section 8.05 of the Home Rule Charter, no elected official or any officer
or employee of the City will have a financial interest, direct or indirect, in any city contract. Any
violation of this section with the knowledge of the person or corporation contracting with the City
will render the contract or agreement voidable by the Mayor or Council.
(b) This agreement contains the entire agreement of the City and State. No
representations were made or relied upon by City or State other than those that are expressly
set forth herein. No agent, employee or other representative of City or State is empowered to
alter any of the terms in this agreement unless done in writing and signed by an authorized
officer of the City and State.
Project No. STPP-5057(8) - 10 -
Intersection of 42"d and Center Streets
Safety Improvement Project
iform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, commonly called just the Uniform Act. The City shall comply with the
Project No. STPP-5057(8) - 9 -
Intersection of 42nd and Center Streets
Safety Improvement Project
s
Safety Improvement Project
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ORDER FOR SUPPLIES OR SERVICES PAGE of PAGES
IMPORTANT: M(trk all packages and papers with contract and/or order numbers 1 1
•1. DATE OF ORDER: 10/01/06 2. CONTRACT NO. 3. ORDER NO. 4. REQUISITION/
(if any) DJMS-07-47-A-0042 REFERENCE NO.
DJMS-07-47-157-042
5. ISSUING OFFICE (Address correspondence to) 6. SHIP TO: (Consignee and address, ZIP code)
U.S . MARSHALS SERVICE
111 S. 18TH PLAZA, ROOM B-06
OMAHA NE 68102
7. TO: CONTRACTOR (Name, address and ZIP code) 8. TYPE OF ORDER
XX A. PURCHASE - Reference
your
CITY OF OMAHA
PUBLIC WORKS DEPARTMENT Please furnish the following on the terms and conditions
specified on both sides of this order and on the attached
OMAHA/DOUGLAS CIVIC CENTER sheets. If any, including delivery as indicated. This purchase
1819 FARNAM STREET SUITE 600 is negotiated under authority of:
OMAHA NE 68183-0706
402-444-5878 *TAX ID# 47-6006304 (REQUIRED) B. DELIVERY - Except for billing instructions on the
reverse, this delivery order is subject to instructions
402-444-5248 FAX *DUNS# 07-698-1265(REQUIRED) contained on this side only of this form and is issued subject
POC: Dave North to the terms and conditions of the above-numbered contract.
VEHICLE GARAGE - 444-5878
9. ACCOUNTING AND APPROPRIATION DATA 10. REQUISITIONING OFFICE:
1570324 0/C 2562 11. BUSINESS CLASSIFICATION:
SMALL X OTHER THAN SMALL
DISADVANTAGED WOMEN-OWNED
12. F.O.B. POINT: DESTINATION 14. GOVERNMENT 15. DELIVERY TO 16. DISCOUNT
B/L NO. F.O.B. POINT ON OR TERMS
13. PLACE OF INSPECTION AND ACCEPTANCE BEFORE (Date) WHEN SERVICES ARE
DESTINATION 10/01/06 TO 9/31/07 PERFORMED
17. SCHEDULE(See reverse for Rejections)
ITEM NO. SUPPLIES OR SERVICES QTY UNIT QTY
(A) (B) ORDERED UNIT PRICE AMT ACCEPTED
(C) (D) (E) (F) (G)
*** PAYMENT WILL NOT BE MADE UNLESS TAX
IDENTIFICATION #, DUNS #, AND PURCHASE ORDER
NUMBERS ARE ON ALL INVOICES. PLEASE NOTE THE
PURCHASE/DELIVERY ORDER NUMBER IN BLOCK 3 ABOVE.
PLACE THIS NUMBER ON ALL PACKAGES, CARTONS, ETC.
FOR PROPER IDENTIFICATION AND PROCESSING.
-THIS IS A BLANKET PURCHASE-AGREEMENT FOR USE FOR
THE PERIOD OCTOBER 1, 2006 THROUGH SEPTEMBER 30,
2007.
-THE ISSUANCE OF ANY INDIVIDUAL CALL UNDER THIS BPA
WILL RR MADE TN ACCORDANCE WTTH THE TERMS AND
CONDITIONS SPECIFIED HEREIN AND IN ACCORDANCE WITH
EAR 13.2.Estimate of vehicle repairs cost for ALL USES
vehicles must be submitted to the U.S. Marshal Service for
approval prior to commencement of repairs. Failure to do so
may result in lost of payment.
Vendor is responsible for providing vehicle NTE:
001 1 Year 10,000.00
- maintenance (i.e. oil changes, tires, repairs, etc)
for U.S. Marshal Service vehicles for the District
of Nebraska.
THE U.S. MARSHAL, DISTRICT OF NEBRASKA, HAS ATTEST:
DETERMINED THAT THIS INVOICE NEEDS TO BE PAID .
EARLIER THAN PROMPT PAYMENT REQUIRES, DO TO THE
BUDGET REQUIREMENT OF THE VENDOR.
To accept this purchase request please sign, date4 . ,
an return a copy to this office: Wil-11.------e-7%
si� Date: Jv/A /� Buster Sro City Cl
BILLING 18. SHIPPING POINT 19. GROSS SHIPPING 20. INVOICE NO. • 7 $10,000.00 17(H) TOTAL
WEIGHT (Cent pages)
INSTRUCTIONS ON •
-- -y
REVERSE 21. MAIL INVOICE TO: (Include ZIP code) SEE BLOCK #5 - - - ../ .$10,000.00 17(I)•
17AM) TOTAL
22. UNITED STATES OF AMERICA BY 23. NAME (Typed)� •NEWTON
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(Signature) \ CHRIS A. n 1 01\
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1\\( t_\ a�,�.� PURCHASING AGENT
�_ �:` \ i. (�Y, TITLE: CONTRACTING/ORDERING OFFICER FAR (48CFR)53.213(e)
NSN 7540-01-152-8083 50347-101 OPTIONAL FORM 347 (10-83
Prescribed by GSA
FAR (48CFR) 53.213(e)
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DISTRICT OF NEBRASKA
BLANKET PURCHASE AGREEMENT
CONTINUATION- CITY OF OMAHA
1 . Individuals Authorized to Place Calls : The following persons
are authorized to place orders against this agreement . Each
individual is required to maintain accurate records of each
call made against this agreement . Please take care that each
call number should be reflected on the invoice when submitted
to your office for approval . Without such information the
Department of Justice will not process the invoice for
payment. The Contractor shall cooperate in this provision.
Patricia McGinn Chris Newton Bill Bitting
John Cleveland Kellie Strain Brian Ennis
Ryan Thompson Ken Bessey Lloyd Trout
Thadd Baird
BPA ADMINISTRATOR/MONITOR: CHRIS A. NEWTON, PURCHASING
AGENT/CONTRACTING OFFICER Phone No: 402-221-4782
2 . Extent of Agreement: The United States Marshals Service
(USMS) is obligated only to the extent of authorized calls
actually placed against this agreement.
3 . Pricing: All prices to the Government shall be as low or
lower than those charged the suppliers most favored customer,
in addition to any discounts for prompt payment.
4 Rates : Estimate of vehicle repairs cost for ALL USMS vehicles
must be submitted to the U.S. Marshal Service for approval
prior to commencement of repairs . Failure to do so may result
in lost of payment.
5. Purchase Limitations : Single call orders placed shall not
exceed $250. 00 unless approved by the U.S . Marshal or his
designated representative. The total dollar value of ALL
orders placed against this agreement shall not exceed
$10000. 00, with out written approval from the contracting
officer. The Contractor is not to accept or fulfill any order
in violation of this provision. TO DO SO WOULD BE AT YOUR OWN
RISK.
6 . Delivery Tickets : All repairs under this agreement shall be
accompanied by a delivery ticket or sales slip which shall
contain the following information:
A. Name, address and telephone number of the Contractor.
B. Blanket Purchase Agreement number.
C. Call order Number (i .e. , Call #1, #2, or #3, etc. )
D. Date of purchase.
E. Itemized list of supplies/services furnished and
dollar amount .
IN ACCORDANCE WITH
EAR 13.2.Estimate of vehicle repairs cost for ALL USES
vehicles must be submitted to the U.S. Marshal Service for
approval prior to commencement of repairs. Failure to do so
may result in lost of payment.
Vendor is responsible for providing vehicle NTE:
001 1 Year 10,000.00
- maintenance (i.e. oil changes, tires, repairs, etc)
for U.S. Marshal Service vehicles for the District
of Nebraska.
THE U.S. MARSHAL, DISTRICT OF NEBRASKA, HAS ATTEST:
DETERMINED THAT THIS INVOICE NEEDS TO BE PAID .
EARLIER THAN PROMPT PAYMENT REQUIRES, DO TO THE
BUDGET REQUIREMENT OF THE VENDOR.
To accept this purchase request please sign, date4 . ,
an return a copy to this office: Wil-11.------e-7%
si� Date: Jv/A /� Buster Sro City Cl
BILLING 18. SHIPPING POINT 19. GROSS SHIPPING 20. INVOICE NO. • 7 $10,000.00 17(H) TOTAL
WEIGHT (Cent pages)
INSTRUCTIONS ON •
-- -y
REVERSE 21. MAIL INVOICE TO: (Include ZIP code) SEE BLOCK #5 - - - ../ .$10,000.00 17(I)•
17AM) TOTAL
22. UNITED STATES OF AMERICA BY 23. NAME (Typed)� •NEWTON
'•�' �T ,
(Signature) \ CHRIS A. n 1 01\
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1\\( t_\ a�,�.� PURCHASING AGENT
�_ �:` \ i. (�Y, TITLE: CONTRACTING/ORDERING OFFICER FAR (48CFR)53.213(e)
NSN 7540-01-152-8083 50347-101 OPTIONAL FORM 347 (10-83
Prescribed by GSA
FAR (48CFR) 53.213(e)
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F. Date supply/service was delivered/performed (eg. ,
2/2/06; 6/1/06 thru 6/30/06) .
G. Name of person authorizing the call/job.
H. Signature of authorizing individual and date (see
Clause 5) .
7 . Invoices : The Contractor may submit invoices in accordance
with his normal commercial billing procedures . Invoices may
be submitted separately for each call or as a monthly itemized
invoice with delivery/pick-up tickets to support the invoice.
Invoices must be submitted to the address in Block 6, page 1 .
Invoices should as a minimum contain the information stated in
clause 6, above for proper payment .
8 . For Further Information on Payment Status of Invoices: For
further information regarding the status of invoice payment (s)
contact Kellie Strain or Chris Newton at 402-221-4782 .
9. Prompt Payment Act of 1982: This order is subject to the
terms and conditions of the Prompt Payment Act of 1982 (Rev
2/02) , which is incorporated by reference, having the same
effect as if in full text .
10 . Changes: Changes in the terms and conditions of this
agreement, including the addition or deletion of names of
individuals authorized to place calls may only be made in
writing by the Contracting/Ordering Officer. The Contractor
shall not accept an order/call which modifies the terms and
conditions of this agreement by an individual other than the
Contracting/Ordering Officer, and to do so will be at the
Contractor' s risk.
11 . Service Contract Act of 1965: This agreement is subject to
the terms and conditions of the Service Contract Act of 1965
as amended, and is hereby incorporated by reference in this
agreement . The reference of the Service Contract Act carries
the same force and effect as if included in full text .
12 . Tax ID numbers are required on all invoices . Effective
October 1 , 2004 - contractors are required to furnish their
DUNS number or DUNS+4 number on invoices . (This number is
provided from the Central Contractor Registration (CCR)
system. The CCR system may be accessed at http: //www. ccr. qov,
or by calling 1-800-333-0505. There is no charge for
obtaining a DUNS number. )
Date of purchase.
E. Itemized list of supplies/services furnished and
dollar amount .
IN ACCORDANCE WITH
EAR 13.2.Estimate of vehicle repairs cost for ALL USES
vehicles must be submitted to the U.S. Marshal Service for
approval prior to commencement of repairs. Failure to do so
may result in lost of payment.
Vendor is responsible for providing vehicle NTE:
001 1 Year 10,000.00
- maintenance (i.e. oil changes, tires, repairs, etc)
for U.S. Marshal Service vehicles for the District
of Nebraska.
THE U.S. MARSHAL, DISTRICT OF NEBRASKA, HAS ATTEST:
DETERMINED THAT THIS INVOICE NEEDS TO BE PAID .
EARLIER THAN PROMPT PAYMENT REQUIRES, DO TO THE
BUDGET REQUIREMENT OF THE VENDOR.
To accept this purchase request please sign, date4 . ,
an return a copy to this office: Wil-11.------e-7%
si� Date: Jv/A /� Buster Sro City Cl
BILLING 18. SHIPPING POINT 19. GROSS SHIPPING 20. INVOICE NO. • 7 $10,000.00 17(H) TOTAL
WEIGHT (Cent pages)
INSTRUCTIONS ON •
-- -y
REVERSE 21. MAIL INVOICE TO: (Include ZIP code) SEE BLOCK #5 - - - ../ .$10,000.00 17(I)•
17AM) TOTAL
22. UNITED STATES OF AMERICA BY 23. NAME (Typed)� •NEWTON
'•�' �T ,
(Signature) \ CHRIS A. n 1 01\
l c...._
1\\( t_\ a�,�.� PURCHASING AGENT
�_ �:` \ i. (�Y, TITLE: CONTRACTING/ORDERING OFFICER FAR (48CFR)53.213(e)
NSN 7540-01-152-8083 50347-101 OPTIONAL FORM 347 (10-83
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FAR (48CFR) 53.213(e)
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DJMS- C�7 - L-/-7
CLAUSES
1. 52.213-4 -Terms and Conditions—Simplified Acquisitions(Other Than Commercial Items)(Feb
2006)Modified
(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(Apr 2002)(E.O. 11246).
(iv)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).
(v) 52.233-3, Protest After Award(Aug 1996) (31 U.S.C. 3553).
(vi)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 (July 2002); Alternate 1 (Dec 1991)
(vi)52.244-6,-Subcontracts for Commercial Items(Feb 2006).
(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 (Jan 2006)(E.O. 13126).
(Applies to contracts for supplies exceeding the micro-purchase threshold.)
(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(Dec 2001)(38 U.S.C.4212)(Applies to contracts of$25,000 or
more).
(iv)52.222-36, Affirmative Action for Workers with Disabilities(June 1998)(29 U.S.C. 793).
(Applies to contracts over$10,000, 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(Dec 2001)(38 U.S.C.4212)(Applies to contracts of$25,000 or
more).
(vi)52.222-41, Service Contract Act of 1965, As Amended (July 2005)(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)
shal Service vehicles for the District
of Nebraska.
THE U.S. MARSHAL, DISTRICT OF NEBRASKA, HAS ATTEST:
DETERMINED THAT THIS INVOICE NEEDS TO BE PAID .
EARLIER THAN PROMPT PAYMENT REQUIRES, DO TO THE
BUDGET REQUIREMENT OF THE VENDOR.
To accept this purchase request please sign, date4 . ,
an return a copy to this office: Wil-11.------e-7%
si� Date: Jv/A /� Buster Sro City Cl
BILLING 18. SHIPPING POINT 19. GROSS SHIPPING 20. INVOICE NO. • 7 $10,000.00 17(H) TOTAL
WEIGHT (Cent pages)
INSTRUCTIONS ON •
-- -y
REVERSE 21. MAIL INVOICE TO: (Include ZIP code) SEE BLOCK #5 - - - ../ .$10,000.00 17(I)•
17AM) TOTAL
22. UNITED STATES OF AMERICA BY 23. NAME (Typed)� •NEWTON
'•�' �T ,
(Signature) \ CHRIS A. n 1 01\
l c...._
1\\( t_\ a�,�.� PURCHASING AGENT
�_ �:` \ i. (�Y, TITLE: CONTRACTING/ORDERING OFFICER FAR (48CFR)53.213(e)
NSN 7540-01-152-8083 50347-101 OPTIONAL FORM 347 (10-83
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FAR (48CFR) 53.213(e)
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(Applies to services performed on Federal facilities).
(viii)52.225-1, Buy American Act—Supplies(June 2003)(41 U.S.C. l0a-l0d)(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).
(ix)52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration(Oct
2003). (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.)
(x) 52.232-34, Payment by-Electronic Funds Transfer—Other than Central Contractor Registration
(May 1999). (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.)
(xi)52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels(Feb 2006)(46
U.S.C. App. 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 lnteregt When Subcontracting with Contractors
Debarred, Suspended, or Proposed for Debarment(Jan 2005)(Applies to contracts over$25,000).
(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 http://205.130.237.11/far/loadmainre.html.
(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 re-perfonnance of nonconforming services at no increase in contract price. The
Government must exercise its post-acceptance 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
CHRIS A. n 1 01\
l c...._
1\\( t_\ a�,�.� PURCHASING AGENT
�_ �:` \ i. (�Y, TITLE: CONTRACTING/ORDERING OFFICER FAR (48CFR)53.213(e)
NSN 7540-01-152-8083 50347-101 OPTIONAL FORM 347 (10-83
Prescribed by GSA
FAR (48CFR) 53.213(e)
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,
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 wan-ants and implies that the items delivered hereunder are merchantable and
fit for use for the particular purpose described in this contract.
(i)Statement of Equivalent Wage Rates for Federal Hires(May 1989)
In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of
Labor(29 CFR Part 4),this clause identifies the classes of service employees expected to be employed
under the contract and states the wages and fringe benefits payable to each if they were employed by the
contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.
(j) 52.237-7- Indemnification and Medical Liability Insurance(Jan 1997)
(a)It is expressly agreed and understood that this is a nonpersonal services contract,as defined in
Federal Acquisition Regulation (FAR)37.101, under which the professional services rendered by the
Contractor are rendered in its capacity as an independent contractor. The Government may evaluate the
quality of professional and administrative services provided, but retains no control over professional
aspects of the services rendered, including by example,the Contractor's professional medical
judgment, diagnosis,or specific medical treatments. The Contractor shall be solely liable for and
expressly agrees to indemnify the Government with respect to any liability producing acts or omissions
by it or by its employees or agents. The Contractor shall maintain during the term of this contract
liability insurance issued by a responsible insurance carrier of not less than the following amount(s)per
specialty per occurrence: *
(b)An apparently successful offeror, upon request by the Contracting Officer,shall furnish prior to
contract award evidence of its insurability concerning the medical liability insurance required by
paragraph (a)of this clause.
(c)Liability insurance may be on either an occurrences basis or on a claims-made basis. If the policy is
on a claims-made basis, an extended reporting endorsement(tail)for a period of not less than 3 years
after the end of the contract term must also be provided.
(d)Evidence of insurance documenting the required coverage for each health care provider who will
perform under this contract shall be provided to the Contracting Officer prior to the commencement of
services under this contract. If the insurance is on a claims-made basis and evidence of an extended
reporting endorsement is not provided prior to the commencement of services,evidence of such
endorsement shall be provided to the Contracting Officer prior to the expiration of this contract. Final
payment under this contract shall be withheld until evidence of the extended reporting endorsement is
provided to the Contracting Officer.
(e)The policies evidencing required insurance shall also contain an endorsement to the effect that any
cancellation or material change adversely affecting the Government's interest shall not be effective
until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer. If,
13(e)
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during the performance period of the contract the Contractor changes insurance providers,the
Contractor must provide evidence that the Government will be indemnified to the limits specified in
paragraph(a)of this clause,for the entire period of the contract, either under the new policy,or a
combination of old and new policies.
(f)The Contractor shall insert the substance of this clause, including this paragraph(f), in all
subcontracts under this contract for health care services and shall require such subcontractors to
provide evidence of and maintain insurance in accordance with paragraph(a) of this clause.At least 5
days before the commencement of work by any subcontractor,the Contractor shall furnish to the
Contracting Officer evidence of such insurance.
(End of clause)
(k) 2852.201-70 Contracting Officer's Technical Representative(COTR). (JAN 1985) --
(1)Mr./Ms. (Name)of(Organization)(Room No.), (Building),(Address), (Area Code&Telephone
No.), is hereby designated to act as Contracting Officer's Technical Representative(COTR)under this
contract.
(2)The COTR is responsible,as applicable, for: receiving all deliverables, inspecting and accepting the
supplies or services provided hereunder in accordance with the terms and conditions of this contract;
providing direction to the contractor which clarifies the contract effort, fills in details or otherwise
serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all
invoices/vouchers for acceptance of the supplies or services furnished for payment.
(3)The COTR does not have the authority to alter the contractor's obligations under the contract,
and/or modify any of the expressed terms,conditions, specifications, or cost of the agreement. If as a
result of technical discussions it is desirable to alter/change contractual obligations or the Scope of
Work,the Contracting Officer shall issue such changes.
(End of Clause)
(I) Listed below are additional clauses that may apply:
(1) 52.209.6, Protecting the Government's Interest when Subcontracting with Contractors Debarred,
Suspended, or Proposed for Debarment(Jan 2005)(Applies to contracts over$25,000.00)
(2) 52.211-17, Delivery of Excess Quantities(Sep 1989)(Applies to fixed-price supplies).
(3) 52.247-29, F.O.B. Origin (Jun 1988)(Applies to supplies if delivery is F.O.B. origin).
(4) 52.247-34, F.O.B. Destination (Nov 1991)(Applies to supplies if delivery is F.O.B. destination)
(5) 52.227-1,Authorization and Consent(Jul 1995)
(6) 52.227-1,Authorization and Consent Alternate I (Apr 1984)
(7) 52.227-1,Authorization and Consent Alternate II (Apr 1984)
(8) 52.227-2,Notice and Assistance Regarding Patent and Copyright Infringement(Aug 1996)
(9) 52.227-3,Patent Indemnity(Apr 1984)
(10)52.227-3, Patent Indemnity Alternative I (Apr 1984)
(11)52.227-3, Patent Indemnity Alternative II (Apr 1984)
(12) 52.227-3, Patent Indemnity Alternative III(Jul 1995)
(13)52.227-5, Waiver of Indemnity(Apr 1984)
(14)52.227-6, Royalty Information(Apr 1984)
(15)52.227-7, Patents-Notice of Government Licensee(Apr 1984).
(16)52.227-9, Refund of Royalties(Apr 1984)
(17)52.227-11,Patent Rights-Retention by the Contractor(Short Form)(Jun 1997)
(18)52.227-11, Patent Rights-Retention by the Contractor(Short Form)Alternative I(Jun 1989)
(19)52.227-11, Patent Rights-Retention by the Contractor(Short Form)Alternative II(Jun 1989)
(20)52.227-11, Patent Rights-Retention by the Contractor(Short Form)Alternative III (Jun 1989)
(21)52.227-12, Patent Rights-Retention by the Contractor(Long Form)(Jan 1997)
ing Officer prior to the commencement of
services under this contract. If the insurance is on a claims-made basis and evidence of an extended
reporting endorsement is not provided prior to the commencement of services,evidence of such
endorsement shall be provided to the Contracting Officer prior to the expiration of this contract. Final
payment under this contract shall be withheld until evidence of the extended reporting endorsement is
provided to the Contracting Officer.
(e)The policies evidencing required insurance shall also contain an endorsement to the effect that any
cancellation or material change adversely affecting the Government's interest shall not be effective
until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer. If,
13(e)
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(22)52.227-12, Patent Rights-Retention by the Contractor(Long Form)Alternative I(Jun 1989)
(23)52.227-12,Patent Rights-Retention by the Contractor(Long Form)Alternative II (Jun 1989)
(24)52.227-13,Patent Rights-Acquisition by the Government(Jan 1997)
(25)52.227-13,Patent Rights-Acquisition by the Government Alternative I (Jun 1989)
(26)52.227-13,Patent Rights-Acquisition by the Government Alternative II (Jun 1989)
(27)52.227-19, Commercial Computer Software—Restrict Rights(Jun 1987)
(28)52.217-2, Cancellation Under Multi-year Contracts(Oct 1997)
(29)52.222-43, Fair Labor Standards Act and Service Contract Act- Price Adjustment(Multiple Year
and Option Contracts)(May 1989)
(30)52.217-8, Option to Extend Service(Nov 99)
(31)52.217-9, Option to Extend the Term of the Contract(Mar 2002)
(32)52.219 Small Business Programs Provisions&Clauses(May 2004)
(33)52.204-5 Woman OwnedBrusiness Other than Small Business(May 1999)
(34)52.216-27 Single or Multiple Awards (Oct 1995)
2. 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 full text available. Also,the full text of a clause May be accessed
electronically at this address: http://www.arnet.gov/far
3. 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 re-performance of nonconforming services at no increase in contract price. The
Government must exercise its post acceptance rights—
(a) Within a reasonable period of time after the defect was discovered or should have been discovered;and
(b) Before any substantial change occurs in the condition of the item, unless the change is due to the defect
in the item.
4. EXCUSABLE DELAY. The Contractor shall be liable for default unless non-performance 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.
5. 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 notify any and all suppliers and
subcontractors to cease work. Subject to the terms of this contract,the Contract 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 record. The Contractor shall not be paid for
any work performed or costs incurred that reasonably could have been avoided.
6. 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 for future
ncellation or material change adversely affecting the Government's interest shall not be effective
until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer. If,
13(e)
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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.
7. TAXPAYER IDENTIFICATION NUMBER(TIN). In accordance wit the requirements of the Debt
Collection Act of 1996, Public Law 104-134, it is the intent of the Department of Justice to use your
Taxpayer Identification Number for purposes of collecting and reporting on any delinquent amounts arising
out of your relationship with the Government. (Oct 1998)
8. FAR 52.204-6-Data Universal Numbering System(DUNS)(Jun 1999) Effective October 1,2003-
contractors are required to furnish their DUNS number or DUNS+4 number on invoices. (This
number is provided from the Central Contractor Registration(CCR)system. The CCR system May be
accessed at http://www.ccr.gov.) The offeror shall enter, in the block with its name and address on the
cover page of its offer, the annotation"DUNS" followed by the DUNS number that identifies the offeror's
name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun
and Bradstreet Information Services. If the offeror does not have a DUNS number, it should contact Dun
and Bradstreet directly to obtain one. A DUNS number will be provided immediately by telephone at no
charge to the offeror. For information on obtaining a DUNS number,the offeror, if located within the
United States, should call Dun and Bradstreet at 1-800-333-0505. The offeror should be prepared to
provide the following information:
(a)Company Name •
(b)Company Address
(c)Company telephone number
(d)Line of business
(e)Chief executive officer/key manager
(f)Date the company was started
(g)Number of people employed by the company
(h)Company affiliation
Offerors located outside the United States May obtain the location and phone number of the local Dun and
Bradstreet Information Service office from the Internet home page at
http://www.customerservice Ddnb.com . If an offeror is unable to locate a local service center, it May send
an e-mail to Dun and Bradstreet at globalinfo@mail.dnb.com.
9. COMPLIANCE WITH VETERANS EMPLOYMENT REPORTING REQUIREMENTS
(a) The Offeror represents that, if it is subject to the reporting requirements of 36 U.S.C. 4212(d)(i.e.the
VETS-100 report required by the Federal Acquisition Regulation clause 52.222-37, Employment
Reports on Disabled Veterans and Veterans of the Vietnam Era)(DEC 2001), it has(),has not()
submitted the most resent report required by 38 U.S. C.4212 (d).
(b) An Offeror who checks"has not" May not be awarded a contract until the required reports are filed.
(31 U.S.C. 1354)
convenience. In the event of such termination,the
Contractor shall immediately stop all work hereunder and shall immediately notify any and all suppliers and
subcontractors to cease work. Subject to the terms of this contract,the Contract 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 record. The Contractor shall not be paid for
any work performed or costs incurred that reasonably could have been avoided.
6. 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 for future
ncellation or material change adversely affecting the Government's interest shall not be effective
until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer. If,
13(e)
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c-25a CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the United States Marshals Service, U.S. Department of Justice,
District of Nebraska desires to engage the City of Omaha, Public Works Department to provide
maintenance and repairs of the Marshals Service's District of Nebraska vehicles; and,
WHEREAS, the City of Omaha, Public Works Department will provide
maintenance and repairs of said vehicles in accordance with the terms of the Blanket Purchase
Agreement and Purchase Order No. DJMS-07-47-157-042, which by this reference becomes a
part herein; and,
WHEREAS, the United States Marshals Service, U.S. Department of Justice,
District of Nebraska will pay the City of Omaha up to $10,000.00 for these services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the Public Works Department recommends that the Blanket Purchase
Agreement and Purchase Order No. DJMS-07-47-157-042 between the City of Omaha, Public
Works Department and the United States Marshals Service, U.S. Department of Justice, District
of Nebraska to provide maintenance and repairs of the Marshals Service's District of Nebraska
vehicles in an amount of up to $10,000.00, is hereby approved.
APPROVED A TO FORM:
IX
/g'/g4
UTY CITY ATTORNEY DATE
P:\PW 1\7282sap.doc
kOlded
` 1JBy.... . _r "`-- . - Councilmember
Adopted . 0CT.2.4..200 ? -0
City Clerk
Approved
Mayor
1
or. For information on obtaining a DUNS number,the offeror, if located within the
United States, should call Dun and Bradstreet at 1-800-333-0505. The offeror should be prepared to
provide the following information:
(a)Company Name •
(b)Company Address
(c)Company telephone number
(d)Line of business
(e)Chief executive officer/key manager
(f)Date the company was started
(g)Number of people employed by the company
(h)Company affiliation
Offerors located outside the United States May obtain the location and phone number of the local Dun and
Bradstreet Information Service office from the Internet home page at
http://www.customerservice Ddnb.com . If an offeror is unable to locate a local service center, it May send
an e-mail to Dun and Bradstreet at globalinfo@mail.dnb.com.
9. COMPLIANCE WITH VETERANS EMPLOYMENT REPORTING REQUIREMENTS
(a) The Offeror represents that, if it is subject to the reporting requirements of 36 U.S.C. 4212(d)(i.e.the
VETS-100 report required by the Federal Acquisition Regulation clause 52.222-37, Employment
Reports on Disabled Veterans and Veterans of the Vietnam Era)(DEC 2001), it has(),has not()
submitted the most resent report required by 38 U.S. C.4212 (d).
(b) An Offeror who checks"has not" May not be awarded a contract until the required reports are filed.
(31 U.S.C. 1354)
convenience. In the event of such termination,the
Contractor shall immediately stop all work hereunder and shall immediately notify any and all suppliers and
subcontractors to cease work. Subject to the terms of this contract,the Contract 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 record. The Contractor shall not be paid for
any work performed or costs incurred that reasonably could have been avoided.
6. 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 for future
ncellation or material change adversely affecting the Government's interest shall not be effective
until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer. If,
13(e)
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