36C24225Q0488 - Sharps Container Disposal.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

None

36C24225Q0488 04-29-2025

Daniel Zielinski 716-862-7461 EXT.22380 05-08-2025

16:00 EDT

Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga NY 14227

X

562112

$47 Million

N/A

X

WNY Healthcare System

3495 Bailey Avenue Buffalo NY 14215

Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga NY 14227

Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/

Reusable sharps container removal and disposal services and controlled substance removal services at the Buffalo, Batavia, and Stratton (Albany) VAMC's. See statement of work for additional details.

See Instructions 52.212-1 and Evaluation 52.212-2 for details on submitting quotes.

X X

X 1

Nathan Northrup Contracting Officer

36C24225Q0488

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.2 52.216-18 ORDERING (AUG 2020)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.6 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.8 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023) (DEVIATION)

C.9 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

C.10 VAAR 852.222-71, COMPLIANCE WITH EXECUTIVE ORDER 13899.

(DEVIATION) (APR 2025)

C.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2025)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.4 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.5 52.216-1 TYPE OF CONTRACT (APR 1984)

E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.7 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.9 52.212-2 EVALUATION – COMMERCIAL ITEMS (2014) TAILORED

E.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C242

Network Contracting Office (NCO) 2

2875 Union Road

Suite 3500

Cheektowaga NY 14227

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

B.2 STATEMENT OF WORK

B.2.1 GENERAL

1. The Department of Veterans Affairs Western New York Healthcare System and the Stratton VA Medical Center require a qualified firm with the capability and capacity to provide reusable sharps removal and disposal services from with an ordering period from 06/01/2025 to 05/31/2030. Services shall be performed at the following locations:

a. Buffalo VA Medical Center (WNY Healthcare System) 3495 Bailey Avenue

Buffalo, NY 14215

b. Batavia VA Medical Center (WNY Healthcare System) 222 Richmond Avenue Batavia, NY 14020

c. Stratton VA Medical Center

113 Holland Avenue Albany, NY 12208

2. This requirement shall also provide controlled substance removal by a service technician monthly for the Buffalo and Batavia VA Medical Center.

3. **NOTE: The Community Based Outpatient Clinics (CBOC) associated with these medical centers DO NOT require services under this requirement**

B.2.2 REQUIREMENT

1. The contractor shall provide and service reusable sharps containers for all applicable areas in three VA Medical Centers identified above. The contractor shall provide a full-service sharps program to include providing reusable sharps containers, on-site collection and exchange of used containers, safe removal of used, transportation, disposal of sharps waste, and manifests documenting the pounds of waste disposed of.

2. Sharps are any objects that are contaminated or have the potential to be contaminated with an infectious substance and are capable of penetrating skin or packaging materials.

A professionally trained service specialist shall arrive on-site to collect, remove, and exchange all sharps containers. A schedule of technician service dates and times for all facilities shall be provided to the location COR prior to commencement of services. This improves safety for our clinical and EMS staff and the environmental benefits of recycling.

B.2.3 SHARPS PROGRAM

1. The contractor shall provide proper containment, removal, and disposal of sharps waste at the Buffalo, Batavia, and Albany VA Medical Centers. Services shall include the following:

a. Within the working hours identified below, a professionally trained service specialist shall exchange the sharps containers to avoid overfilling of sharps. The Albany and Buffalo VA Medical Centers shall be serviced at least twice per week and the Batavia VA Medical Center shall be serviced at least one every two weeks. A schedule of dates and times shall be provided to each location’s COR prior to commencement of services, with dates and times subject to COR approval. Any schedule changes shall be agreed upon in advance.

b. The contractor shall provide containers with direct drop and top feed.

c. Racks containing used sharps shall not be left unattended while servicing areas.

d. Containers shall be installed, collected, emptied, disinfected and re-installed by the contractor.

e. Contractor shall mount all sharps containers in the same place as current sharps containers, on all walls or floors on dollies at both the VA WNY Healthcare system facilities and Stratton VAMC. The current number of containers is estimated below but the contractor should anticipate reasonable fluctuation and shall increase and decrease as needed by each facility.

i. VA WNY Healthcare System facilities involve approximately 768 containers of varying sizes, some wall-mounted and some on dollies shall increase and decrease as needed (768 is both Buffalo and Batavia amounts).

ii. Stratton VA Medical Center involves 457 containers of varying sizes, some wall-mounted and some on dollies, shall increase and decrease as needed.

f. The number of containers identified for each site in this statement of work is believed to be accurate but is an estimate only. At the start of the period of performance, the contractor shall supply containers in the same configuration (or functionally equivalent), size (or functionally equivalent), location and quantity as those currently in use at the Buffalo, Batavia and Albany VA Medical Centers.

Throughout the life of the contract the number of containers in use at any individual Medical Center may be increased or decreased without a change to the contract price, provided the sum of the changes for any individual Medical Center, does not result in an increase or decrease of more than (plus or minus) 5% of the number containers in use at the time of award. Requests to increase or decrease container counts which would result in greater than a 5% increase or decrease will be based on mutual agreement of the parties and may be subject to an increase or decrease in price.

g. Contractor shall recommend and adjust container, sizes, locations, and pick-ups to meet the unique and changing requirements of each clinical area. At a minimum, container sizes to be provided shall include 2-gallon, 3-gallon, 4-gallon, 8-gallon, and 17-gallon volumes. Number of sharps containers can decrease, and increase based on need.

h. All containers must be emptied before becoming seventy five percent (75%) full or within thirty (30) calendar days of the last empty date, whichever is first, at all facilities. Additional containers may be required to prevent containers becoming 75% full in advance of service dates. Once removed from their respective areas, all containers shall be removed from the facility in a timely and secure manner.

i. Reusable sharps containers shall be properly disinfected, and mist be sample tested to show that a “6 log” reduction of vegetative organisms and a “3 log” reduction of mycobacterium are met. Replacement containers shall be disinfected and proactively exchanged.

j. Contractor shall provide a manifest log of all pickups, including a physical description of containers at the time.

k. Contractor shall provide Safety Data Sheets (SDS) on any chemicals it used in any of the facilities.

l. Performance must comply with JACHO, EPA, NIOSH, NYSDOH, NYSDOT, NYSDEC, OSHA, and all other applicable regulatory agencies.

m. Contractor shall supply VA with all training records of its staff as well as VA mandatory training requirements. Contractor is required to subject its employees to all training required and conducted by VA (i.e. orientation training, TMS, emergency preparedness and any other training VA may require).

n. Contractors employees must provide proof of current vaccinations for: influenza, Hepatitis B and C, Measles, Mumps, and Rubella. Contractor personnel shall not be able to commence work until proof is provided to each location COR before commencement of services.

o. Contractor personnel must complete VA Privacy Training in TMS, and present a

Government issued photo ID (e.g. Drivers License, Passport) to obtain a VA Flash Badge. Contractor employees shall not be able to commence work until VA TMS computer training is complete and a Flash Badge has been obtained. The COR shall email the TMS training link to the contractor.

p. Contractor shall provide to each COR a spreadsheet with their facilities monthly usage to include the following:

Collection Month

Cart Weight

Gross Weight

Containers

Net Weight Containers

Gallon

Gallon

Gallon

Gallon

Gallon

Other Sizes

Total Containers

Total Lbs.

Plastic

Diverted

October, 2025

Grand Total

q. Description of locations to be serviced: Department of Veterans Affairs Western New York Healthcare System (VAWNYHCS), sites located at:

SITE

PICK-UP

FREQUENCY

CONTAINER COUNT

VA Medical Center 3495 Bailey Avenue Buffalo, New York 14215

Twice per week

2gl = 218 4gl = 270 8gl funnel = 14 8gl trap = 153 17gl = 27 w/dollies Total = 660

(660 containers) (596 hardware and dollies)

VA Medical Center 222 Richmond Avenue Batavia, New York 14020 bi-weekly (every other week)

2gl = 82 4gl = 20 8gl funnel = 36 Total=108

(108 containers) (107 hardware and dollies)

r. Description of locations to be serviced: Department of Veterans Affairs Stratton VA Medical Center located at:

SITE

PICK-UP

FREQUENCY

CONTAINER COUNT

VA Medical Center 113 Holland Ave Albany, New York 12208

Twice per week

2gl = 61 3gl = 322 8gl = 43

17gl = 31 (8 w/dollies) Total = 457

(457 containers) (378 hardware and dollies)

s. Facility Contractor Badge:

i. WNYVAHCS – Contractor shall obtain a Contractor Badge from Police

Office. Then sign in at the EMS office at beginning of service and sign back out at the end of service call. In Batavia, sign in on the clipboards outside the EMS office Building 3, Room 104.

ii. Stratton VAMC – Contractor shall sign our badge from Police office at beginning of service and sign back in badge at end of service call.

Badges shall not leave the facility. Badges in Albany are obtained in the Police office room 100e, Main Lobby. EMS Office – Building 3, room SB-1 for Albany. In Albany technician only gets badge from police.

t. Working Hours

i. WNYVAHCS - Regular business hours of the EMS office E-8 are between the hours of 7:00 AM and 2:00 PM Monday-Friday with completion of service before 2:00 PM. The Contractor shall provide a work schedule with a time frame and day of service (i.e. Tuesday August 7th, 2012 7:00 AM EST) for each facility to the location COR or his/her designee no later than service commencement date. The work schedule must be approved by the EMS Manager or his/her designee.

ii. Stratton VAMC - Regular business hours of the EMS office are between the hours of 6:00 AM and 4:30 PM Monday-Friday with completion of service before 4:30 PM. The Contractor shall provide a work schedule with a time frame and day of service (i.e. Tuesday August 7th, 2012 7:00 AM EST) to the location COR or his/her designee no later than service commencement date. The work schedule must be approved by the EMS Manager or his/her designee.

B.2.4 CONTROLLED SUBSTANCE REMOVAL

1. The vendor shall provide services for containment, removal, and disposal of controlled substances from the Buffalo and Batavia VA Medical Centers monthly.

a. A total of 38 controlled substance containers will be needed at the Buffalo and

Batavia VA Medical Centers. Of these 38 total containers, 13 solids/liquids and 17 liquids containers will be installed and serviced by the contractor at the Buffalo VAMC, and 5 liquids containers will be installed and serviced by the contractor at the Batavia VAMC. It will be the responsibility of the vendor to securely and neatly install the container brackets at specific locations to be identified by and under the supervision of these VA facilities without excess disruption to patients, visitors and staff.

b. A professionally trained service specialist shall regularly exchange the controlled substance containers monthly at the Buffalo and Batavia VA Medical Centers. At no time, will the contractor allow containers to remain if they are qual to or more than ¾ full. A schedule of dates and times for both facilities shall be provided to the COR prior to the commencement of services. Any changes must be provided to VA and agreed to in advance.

c. Contractor shall have the ability to add and remove containers as needed by VA.

d. Contractor selected shall not commingle services from any other contract they have with this facility with this contract. Every contracted service is separate and needs to be done separately and not commingled. Tech would sign out from other contracted services and sign in the log for controlled substances duties, then sign out for the day.

e. Contractor shall provide and mount locking brackets for all controlled substance containers at the Buffalo and Batavia VA Medical Centers. The contractor shall provide containers which are appropriate for solids (pills and patches) and liquids disposal. The contractor will install the brackets and respective containers which will be securely mounted to the wall or the countertop using appropriate hardware. The containers will have one-way, tamper resistant openings at a level which allows easy insertion of controlled substances and clear observance by another employee to meet the ‘witnessed destruction’ policy requirement of these facilities. Once the controlled substance is inserted, a safe, proprietary chemical cartridge will be used to render the controlled substance unusable. The contractor will replace the chemical cartridges when the containers are removed.

The contractor will check all containers on a regular basis and remove and replace them before or when they are no more than ¾ full.

f. Contractor is required to recommend and adjust container, sizes, locations, and pick-ups to meet the unique and changing requirements of each clinical area where they are located.

g. Once removed by the contractor from their respective locations the containers shall be prepared and ready for prepaid shipping from the facility in a timely and secure manner.’

h. Contractor must provide and prepare proper shipping paperwork and a log of all pickups, including a physical description of containers that are removed from each site, this log will be kept with the sign in sheets.

i. Contractor must provide Safety Data Sheets (SDS) for any chemicals it uses in the facility.

j. Performance must comply with JACHO, EPA, NIOSH, NYSDOH, NYSDOT, NYSDEC, and all other applicable regulatory agencies.

k. Three important objectives for this process are 1) Diversion (misuse) Prevention,

2) Proper Disposal, and 3) Turn-Key Removal/Replacement by the Contractor.

Per VAWNYHS policy, the process must allow for clearly observable, witnessed destruction of waste-controlled substances. Additionally, the process must render the controlled substances secure and unusable. Importantly, due to the time-consuming nature of removing and replacing the containers, they must be serviced by the vendor.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

T UNIT PRICE AMOUNT

1.00 LB _______________

Buffalo and Batavia VAMC reusable sharps container removal and disposal.

*Quantities are estimated to be 5,500 pounds per month.

POP Begin: 06-01-2025 POP End: 05-31-2026 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection PRODUCT/SERVICE CODE: S222 - Housekeeping - Waste Treatment/Storage

Albany VAMC reusable sharps container removal and disposal.

*Quantities are estimated to be 1,700 pounds per month.

POP Begin: 06-01-2025 POP End: 05-31-2026 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

1.00 EA _______________

Buffalo and Batavia VA Medical Centers Controlled Substance Removal and Disposal.

*38 total containers. 13 solids/liquids and 17 liquids at Buffalo. 5 liquid containers at Batavia VAMC.

POP Begin: 06-01-2025 POP End: 05-31-2026 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Buffalo and Batavia VAMC reusable sharps container removal and disposal.

*Quantities are estimated to be 5,500 pounds per month.

POP Begin: 06-01-2026 POP End: 05-31-2027 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Albany VAMC reusable sharps container removal and disposal.

*Quantities are estimated to be 1,700 pounds per month.

POP Begin: 06-01-2026 POP End: 05-31-2027 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Buffalo and Batavia VA Medical Centers Controlled Substance Removal and Disposal.

*38 total containers. 13 solids/liquids and 17 liquids at Buffalo. 5 liquid containers at Batavia VAMC.

POP Begin: 06-01-2026 POP End: 05-31-2027 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Buffalo and Batavia VAMC reusable sharps container removal and disposal.

*Quantities are estimated to be 5,500 pounds per month.

POP Begin: 06-01-2027 POP End: 05-31-2028 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Albany VAMC reusable sharps container removal and disposal.

*Quantities are estimated to be 1,700 pounds per month.

POP Begin: 06-01-2027 POP End: 05-31-2028 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Buffalo and Batavia VA Medical Centers Controlled Substance Removal and Disposal.

*38 total containers. 13 solids/liquids and 17 liquids at Buffalo. 5 liquid containers at Batavia VAMC.

POP Begin: 06-01-2027 POP End: 05-31-2028 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Buffalo and Batavia VAMC reusable sharps container removal and disposal.

*Quantities are estimated to be 5,500 pounds per month.

POP Begin: 06-01-2028 POP End: 05-31-2029 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Albany VAMC reusable sharps container removal and disposal.

*Quantities are estimated to be 1,700 pounds per month.

POP Begin: 06-01-2028 POP End: 05-31-2029 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Buffalo and Batavia VA Medical Centers Controlled Substance Removal and Disposal.

*38 total containers. 13 solids/liquids and 17 liquids at Buffalo. 5 liquid containers at Batavia VAMC.

POP Begin: 06-01-2028 POP End: 05-31-2029 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Buffalo and Batavia VAMC reusable sharps container removal and disposal.

*Quantities are estimated to be 5,500 pounds per month.

POP Begin: 06-01-2029 POP End: 05-31-2030 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Albany VAMC reusable sharps container removal and disposal.

*Quantities are estimated to be 1,700 pounds per month.

POP Begin: 06-01-2029 POP End: 05-31-2030 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Buffalo and Batavia VA Medical Centers Controlled Substance Removal and Disposal.

*38 total containers. 13 solids/liquids and 17 liquids at Buffalo. 5 liquid containers at Batavia VAMC.

POP Begin: 06-01-2029 POP End: 05-31-2030 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

GRAND TOTAL _______________

SECTION C - CONTRACT CLAUSES

FAR

Number

Title Date

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

NOV 2023

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

Number

Title Date

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

JAN 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.228-5 INSURANCE—WORK ON A GOVERNMENT

INSTALLATION

JAN 1997

852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

MAY 2020

C.2 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 06/01/2025 through 05/31/2030.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $50, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of IDIQ Maximum;

(2) Any order for a combination of items in excess of IDIQ Maximum; or

(3) A series of orders from the same ordering office within days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after 05/31/2030.

(End of Clause)

C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

C.6 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC

2022) The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

(End of Clause)

C.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.8 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND

VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023)

(DEVIATION)

(a) In an effort to achieve socioeconomic small business goals, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business certification status and their proposed use of eligible certified service-disabled veteran-owned small businesses (SDVOSBs) and certified veteran-owned small businesses (VOSBs) as subcontractors.

(b) Eligible and certified service-disabled veteran-owned small businesses offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the certified Service-Disabled Veteran-Owned and Veteran-Owned Small Business Status evaluation factor. To receive credit, an offeror must be listed at the time of submission of offers and at time of award, as a certified SDVOSB/VOSB in the SBA certification database on the SBA Veteran Small Business Certification Program portal at https://veterans.certify.sba.gov/ (see 13 CFR 128) and be otherwise eligible in accordance with SBA size standards for the acquisition and limitations on subcontracting requirements set forth in SBA regulations (see 13 CFR 121, 125 and 128.).

(c) Non-Veteran offerors proposing to use certified SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the certified SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be listed at the time of submission of offers and at time of award, as a certified SDVOSB/VOSB in the SBA certification database.

(d) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

https://veterans.certify.sba.gov/

C.9 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

(a) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses (SDVOSBs) or veteran-owned small businesses (VOSBs) proposed as subcontractors in accordance with 852.215–70, Service-Disabled Veteran-Owned and Veteran- Owned Small Business Evaluation Factors, or to substitute one or more SDVOSBs or VOSBs for subcontract work of the same or similar value.

(b) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause)

C.10 VAAR 852.222-71, COMPLIANCE WITH EXECUTIVE ORDER 13899.

(DEVIATION) (APR 2025)

Compliance with Executive Order 13899. (DEVIATION) (APR 2025)

a. The contractor shall comply with Executive Order 13899, Combating Anti-

Semitism, pursuant to Title VI of the Civil Rights Act of 1964 (Title VI), 42 U.S.C. 2000d et seq.

b. The contractor shall timely disclose, in writing, to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed a violation under Executive Order 13899, Combatting Anti-Semitism pursuant to the Civil Rights Act of 1964 (Title VI), 42 U.S.C. 2000d et seq.

c. The contractor shall include the terms and conditions of this clause in every subcontract or purchase order so that these terms will be binding on every subcontractor or vendor.

(End of clause)

(End of Addendum to 52.212-4)

C.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (JAN 2025)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.

3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712);

this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

[X] (5) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (6) [Reserved]

[X] (7) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (9) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

[] (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115–390, title II).

[X] (11)(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition.

(DEC 2023) (Pub. L. 115–390, title II).

[] (ii) Alternate I (DEC 2023) of 52.204–30.

[] (12) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) (31 U.S.C. 6101 note).

[] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(OCT 2018) (41 U.S.C. 2313).

[] (14) [Reserved]

[] (15) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[X] (16) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (17) [Reserved]

[] (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[X] (20) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and (3)).

[X] (21)(i) 52.219–9, Small Business Subcontracting Plan (JAN 2025) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JAN 2025) of 52.219–9.

[] (v) Alternate IV (JAN 2025) of 52.219–9.

[] (22)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (23) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[X] (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.

637(d)(4)(F)(i)).

[] (25) 52.219–27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

[X] (26) (i) 52.219-28, Postaward Small Business Program Rerepresentation (JAN 2025) (15 U.S.C. 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219–28.

[] (27) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

[] (28) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

[] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (30) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)).

[X] (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[] (32) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2025) (E.O. 13126).

[] (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[] (34)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[X] (35)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JUL 2014) of 52.222-35.

[X] (36)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.

793).

[] (ii) Alternate I (JUL 2014) of 52.222-36.

[X] (37) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[X] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

[X] (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[] (40) 52.222-54, Employment Eligibility Verification (JAN 2025). (E.O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[] (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (MAY 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).

[] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).

[] (44) 52.223-20, Aerosols. (MAY 2024) (42 U.S.C. 7671, et seq.).

[] (45) 52.223-21, Foams (MAY 2024). (42 U.S.C. 7671, et seq.).

[X] (46) 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C.

8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671I).

[] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (48)(i) 52.225-1, Buy American—Supplies (OCT 2022) (41 U.S.C. chapter 83).

[] (ii) Alternate I (OCT 2022) of 52.225-1.

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108- 302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I [Reserved].

[] (iii) Alternate II (JAN 2025) of 52.225-3.

[] (iv) Alternate III (FEB 2024) of 52.225-3.

[] (v) Alternate IV (OCT 2022) of 52.225-3.

[] (50) 52.225–5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C.

5150).

[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

[X] (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving

(MAY 2024) (E.O. 13513)

[X] (56) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).

[] (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[] (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services

(NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[X] (59) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management

(OCT 2018) (31 U.S.C. 3332).

[] (60) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

[] (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[X] (63) 52.240–1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act—Covered Foreign Entities (NOV 2024) (Sections 1821–1826, Pub. L. 118–31, 41 U.S.C. 3901 note prec.).

[X] (64) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.

637(d)(13)).

[] (65)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

[] (ii) Alternate I (APR 2003) of 52.247-64.

[] (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67).

https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/Vers5ContentsTable.pdf

[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[X] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026

(JAN 2022).

[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

[] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

[] (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (JAN 2025) (49 U.S.C. 40118(g)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/Vers5ContentsTable.pdf

Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.

3509).

(ii) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).

(iii) 52.203-19,…