36C24421Q1123.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. DUNS: DUNS+4:

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. 2/2012)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 50

642-21-3-541-0030

36C24421Q1123 08-26-2021

Stephanie McFadden, stephanie.mcfadden@va.gov 717-272-6621X5342 09-02-2021

12:00PM EDT

36C244

Department of Veterans Affairs

Network Contracting Office 4

Lebanon VA Medical Center

1700 S. Lincoln Avenue

Lebanon PA 17042

X 100

X

337214

1000 Employees

N/A

X

36C642

Department of Veterans Affairs

Corp Michael J. Crescenz Medical Center

3900 Woodland Avenue

Philadelphia PA 19104

36C244

Department of Veterans Affairs

Network Contracting Office 4

Lebanon VA Medical Center

1700 S. Lincoln Avenue

Lebanon PA 17042

Austin Payment Center

Department of Veterans Affairs

PO Box 149971

Austin TX 78714-9971

(877) 353-9791 (512) 460-5429

See CONTINUATION Page

ELECTRIC READING ROOM DESKS

BRAND-NAME OR EQUAL

SEE SECTION B FOR COMPLETE DETAILS

ALL QUOTES MUST BE SUBMITTED NO LATER THAN 12:00PM, EST,

THURSDAY, SEPTEMBER 2, 2021

QUOTES MUST BE SUBMITTED VIA EMAIL ONLY TO:

stephanie.mcfadden@va.gov

LATE QUOTES WILL NOT BE ACCEPTED

See CONTINUATION Page

X X

36C24421Q1123

Table of Contents

SECTION A

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

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

B.4 STATEMENT OF NEED

SECTION C - CONTRACT CLAUSES

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

C.2 52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES AND

REMEDIES (JAN 2020) (JUL 2020) (DEVIATION)

C.3 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.4 VAAR 852.212-71 GRAY MARKET ITEMS (APR 2020)

C.5 VAAR 852.212-72 GRAY MARKET AND COUNTERFEIT ITEMS (MAR 2020)

C.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020)

(DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

1998)

E.2 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES—

REPRESENTATION (OCT 2020)

E.3 52.225-2 BUY AMERICAN CERTIFICATE (FEB 2021)

E.4 52.225-18 PLACE OF MANUFACTURE (AUG 2018)

E.5 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (FEB 2021) (JUL 2020) (DEVIATION)

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:

POC: CONTRACTOR PLEASE COMPLETE

TEL:

EMAIL:

b. GOVERNMENT: Contracting Office 36C244 Stephanie McFadden, Contract Specialist Department of Veterans Affairs Regional Procurement Office - East Lebanon VA Medical Center 1700 S. Lincoln Avenue Lebanon, PA 17042

TEL: (717) 272-6621 EXT: 5342

EMAIL: stephanie.mcfadden@va.gov

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] Upon receipt, inspection and acceptance by the Government.

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.

Austin Payment Center Department of Veterans Affairs PO Box 149971 Austin TX 78714-9971

5. CHANGE AUTHORITY:

Only a Warranted Contracting Officer, acting with the limits of his warrant, is authorized to change the terms and conditions of this contract. If any other than a

Contracting Officer attempts to change the terms and conditions of this contract, contact the Contracting Officer signing this document immediately. Acting on direction from other than the Contracting Officer may result in the related performance being determined to be accomplished at risk.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

T UNIT PRICE AMOUNT

3.00 EA _______________

Adjustable Corner Dual Worksurface, 84"L x 84"R for Electric Desk, with Cable Management; BN reference: Xybix model 14487-3D – Adjustable Table Worksurface / Corner Dual Surface

Table Base for Corner Worksurface; BN reference: Xybix model 15844-T5S Table Base

2.00 EA _______________

Adjustable Straight Dual Worksurface, 78"W x 44"D for Electric Desk, with Cable Management; BN reference: Xybix model 14498-3D – Adjustable Table Worksurface / Straight Dual Surface

Table Base for Straight Worksurface; BN reference: Xybix model: 15701-T4 Table Base

Monitor Mount, Heavy Duty for Corner Worksurface to run entire length of worksurface, with 4 Scissor Mounts

1.00 EA _______________

Monitor Mount, Heavy Duty for Straight Worksurface to run entire length of worksurface with 2 Scissor Mounts

Monitor Mount, Heavy Duty for Straight Worksurface to run entire length of worksurface with 1 Scissor Mount

22.00 EA _______________

25' Display Port Cable, Male/Male

9.00 EA _______________

25' Ext. Monitor Replacement Cable DVI-D, Male/Male 8M

25' Ext. Audio Cable, 3.5mm Jack Male/Female

12.00 EA _______________

USB Type A to Type A Keyboard Mouse Extension, 5M (16'4"), Black

5.00 EA _______________

Keyboard Snap-In Cable Organizer with 4) USB Ports and 1) RJ45 Port

10.00 EA _______________

10 Outlet Power Bar with 5) Orange and 5) Black Outlets

LED Task Lighting, Dimmable

Bias Task Light Pair, Dimmable

Metal Shelf, Under Surface Mount, 19"W x 9"D

Shelf Under Surface USB Charger Assembly

Personal Climate Control Fan Only, No Heat

10.00 EA _______________

High Profile CPU Hanger

Extended Cup Holder with installer kit

Dual Monitor KVM Switch, 2 Port

INSTALLATION

GRAND TOTAL _______________

B.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

0001 SHIP TO: DEPARTMENT OF VETERANS

AFFAIRS

CORPORAL MICHAEL J

CRESCENZ VA MEDICAL

CENTER

3900 WOODLAND AVENUE,

BLDG 2

PHILADELPHIA, PA 19104

3.00 60 days ARO

MARK

FOR:

Rachel Zawora 215-823-5284 rachel.zawora@va.gov

0002 SHIP TO: SAME AS CLIN 0001

3.00 60 days ARO

MARK

FOR:

SAME AS CLIN 0001

0003 SHIP TO: SAME AS CLIN 0001

2.00 60 days ARO

FOR:

0004 SHIP TO: SAME AS CLIN 0001

FOR:

0005 SHIP TO: SAME AS CLIN 0001

FOR:

0006 SHIP TO: SAME AS CLIN 0001

1.00 60 days ARO

FOR:

0007 SHIP TO: SAME AS CLIN 0001

0008 SHIP TO: SAME AS CLIN 0001

22.00 60 days ARO

FOR:

0009 SHIP TO: SAME AS CLIN 0001

9.00 60 days ARO

FOR:

0010 SHIP TO: SAME AS CLIN 0001

FOR:

0011 SHIP TO: SAME AS CLIN 0001

12.00 60 days ARO

FOR:

0012 SHIP TO: SAME AS CLIN 0001

5.00 60 days ARO

FOR:

0013 SHIP TO: SAME AS CLIN 0001

10.00 60 days ARO

FOR:

0014 SHIP TO: SAME AS CLIN 0001

FOR:

0015 SHIP TO: SAME AS CLIN 0001

FOR:

0016 SHIP TO: SAME AS CLIN 0001

FOR:

0017 SHIP TO: SAME AS CLIN 0001

0018 SHIP TO: SAME AS CLIN 0001

FOR:

0019 SHIP TO: SAME AS CLIN 0001

10.00 60 days ARO

FOR:

0020 SHIP TO: SAME AS CLIN 0001

FOR:

0021 SHIP TO: SAME AS CLIN 0001

FOR:

0022 SHIP TO: SAME AS CLIN 0001

FOR:

0023 SHIP TO: SAME AS CLIN 0001

B.4 STATEMENT OF NEED

ELECTRIC READING ROOM DESKS

CORPORAL MICHAEL J. CRESCENZ VA MEDICAL CENTER

BACKGROUND

The Corporal Michael J. Crescenz VA Medical Center (CMCVAMC), located at 3900 Woodland Avenue, Philadelphia, PA 19104, has a requirement for five (5) Electric Reading Room Desks for the Picture Archiving & Communication System (PACS). This is a brand-name or equal requirement. The brand-name reference is Xybix System, model 14498-3D – Adjustable Table Worksurface / Straight Dual Surface with 15701-T4 Table Base and model 14487-3D – Adjustable Table Worksurface / Corner Dual Surface with 15844-T5S Table Base. The NAICS Code is 337214.

SCOPE OF NEED

The Corporal Michael J. Crescenz VA Medical Center has a requirement for five (5) Electric Reading Room Desks for the Radiology X-Ray reading equipment Picture Archiving & Communication System (PACS). The desks shall be ergonomic electric adjustable height desks commonly used in PACS reading rooms or dispatch centers.

The Contractor shall be responsible for coordinating the delivery and installation with the Interior Designer as well as providing finish choices for selection within 2 weeks of award of contract. Installation and delivery shall be coordinated with the Interior Designer who will coordinate the date with the Contractor and end user. The installation must occur the same day the furniture is delivered as there is no space to store it at the CMCVAMC prior to installation. It is the intent of this project to coordinate the installation of the Reading Desks with the installation of PACS equipment that has already been purchased. Removal of existing furniture is not required from the Contractor.

The installation will occur in two locations on the 3rd floor of Building 2. The loading dock is located at Building 2 and there are service elevators that go to the 3rd floor.

The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to complete the delivery and installation.

See Specifications/Salient Characteristics below for full description of furniture properties.

See attached sketches SK-1, SK-1A and SK-2 for drawing layouts and additional information.

ITEM DESCRIPTION QUANTITY

Adjustable Corner Dual Worksurface, 84"L x 84"R for Electric Desk, with Cable Management; BN reference: Xybix model 14487-3D – Adjustable Table Worksurface / Corner Dual Surface

Table Base for Corner Worksurface; BN reference: Xybix model 15844- T5S Table Base

Adjustable Straight Dual Worksurface, 78"W x 44"D for Electric Desk, with Cable Management; BN reference: Xybix model 14498-3D – Adjustable Table Worksurface / Straight Dual Surface

Table Base for Straight Worksurface; BN reference: Xybix model: 15701- T4 Table Base

Monitor Mount, Heavy Duty for Corner Worksurface to run entire length of worksurface, with 4 Scissor Mounts

Monitor Mount, Heavy Duty for Straight Worksurface to run entire length of worksurface with 2 Scissor Mounts

Monitor Mount, Heavy Duty for Straight Worksurface to run entire length of worksurface with 1 Scissor Mount

25' Display Port Cable, Male/Male 22 25' Ext. Monitor Replacement Cable DVI-D, Male/Male 8M 9 25' Ext. Audio Cable, 3.5mm Jack Male/Female 3 USB Type A to Type A Keyboard Mouse Extension, 5M (16'4"), Black 12 Keyboard Snap-In Cable Organizer with 4) USB Ports and 1) RJ45 Port 5 10 Outlet Power Bar with 5) Orange and 5) Black Outlets 10 LED Task Lighting, Dimmable 5 Bias Task Light Pair, Dimmable 5 Metal Shelf, Under Surface Mount, 19"W x 9"D 5 Shelf Under Surface USB Charger Assembly 5 Personal Climate Control Fan Only, No Heat 5 High Profile CPU Hanger 10 Extended Cup Holder with installer kit 5 Dual Monitor KVM Switch, 2 Port 2

SPECIFICATIONS / SALIENT CHARACTERISTICS

A. Overall Properties:

1. Product shall pass all ANSI/BIFMA structural Integrity and durability tests.

2. Entire desk shall have GREENGUARD certification for indoor air quality.

GREENGUARD Certification for only individual component parts of the Desk is not acceptable.

3. Product shall pass or exceed ASTM E-84-09a surface burning characteristics of building materials.

B. Adjustable Height Workstation Properties:

1. The workstations shall accommodate both stand-up and sit-down positions in one unit as defined by ANSI/HFES 100-2007 Human Factors Engineering of Computer Workstations as listed above in all specifications/salient characteristics.

2. Requires completely separate independent electric floor supported, adjustable work surfaces for both monitor and keyboard.

3. Each work surface (input and monitor) shall have a separate lifting equipment weight capacity of 300lbs. minimum which does not include weight of worksurface.

4. Test requirements: Respondent shall include copies of independent test laboratory results indicating compliance with ANSI/BIFMA X5.5 – 2008.

C. Keyboard/Input Surface Properties:

1. Keyboard surface shall have static load capacity of 500 lbs. to prevent damage from users sitting / leaning on or using the surface as an aid in standing.

2. Keyboard surface must lower to 22" from the floor to the top of the keyboard surface.

3. Keyboard surface must raise to at least 46.5" from the floor to the home row of keyboard.

4. Keyboard surface width must accommodate multiple keyboards or other input devices and still provide room for note taking on either right- or left-hand side.

D. Monitor Surface – Sitting/Standing Properties:

1. Monitor Surface must lower 22” to allow positioning of monitor so that the gaze angle to the center of the screen ranges between -15° and -25° from horizontal eye level.

2. Monitor Surface must raise to 48" to allow positioning of monitor so that the gaze angle to the center of the screen ranges between -15° and -25° from horizontal eye level (69¼”) using a 17" monitor.

E. Height Adjustment Device Properties:

1. Controller shall include collision detection technology which will detect sudden changes in load to identify obstructions in the path of the moving surface.

Collision detection technology to cause work surface to stop on detection of obstruction and reverse direction approximately 10cm to avoid entrapment of obstruction. Collision detection shall function in both upward and downward directions.

2. Safety finger clearance of 1½” minimum between stationary returns and moving surfaces or between moving surfaces of double surface tables is required

3. Controller shall not be located where it can be damaged by chair arms. Location under front edge of keyboard surface is unacceptable.

4. Height adjustment speed to be minimum 1.5"/second.

F. Laminate Worksurface Properties:

1. Keyboard, Monitor and fixed height surfaces must be non-glare, high pressure laminate.

2. All corners of input surface must be rounded minimum of 3" radius and top edge radiused a minimum of .4375”.

3. Laminate surfaces to be fully balanced construction with Greenguard certified laminate on top surface and Greenguard certified backer sheet on bottom.

G. Control Electronics & Cable Management Properties:

1. All electronic control boxes which power the height adjustment of the surfaces shall be mounted in easily accessible location for trouble shooting. Service technicians shall not be required to crawl under desk and look up at the bottom of the surface. Cable pathways must be easily accessible from the front of the desk.

2. Desk shall have minimum 4”H x 3”D “J” channel around back of monitor surface aligned with grommets for management of cables / transformers and cable connections. The data collection bay shall offer ease of access to manage cables from the keyboard desktop.

3. All desk control electronics shall be labeled for easy identification. This include cables, electric boxes and pathways.

4. Monitor and keyboard cables must have separate pathways from the computer to the end point. Cable bridge shall support cables from cabinet to Desk. Must have separate pathways for low voltage and high voltage.

5. Cable entry path from computer cabinet to the Desk must have opening large enough for all cables and a hand to fit through. Minimum of 2.5” in height by 10” wide.

6. Cabling shall be guided from CPU cabinet or panel enclosure to the monitor surface of the adjustable table in an energy chain with easy flip-up cable channel access. Keyboard cabling shall be guided from cable bridge through energy chain to keyboard surface. Cabling shall be guided through a 3rd energy chain from the back of the monitor surface to the focal depth platform to keep cables organized during focal depth adjustments.

H. CPU Holder Properties:

1. Imaging desks must hold up to two computers under monitor surface.

2. CPUs must move with monitor surface adjustment to keep data cables as short as possible.

3. CPU holders must hold a computer which measures up to 19” tall by 9” wide by

18” deep.

I. Personal Climate Control Properties:

1. User Hand Control shall be located on the keyboard/input surface within easy reach of the user. It shall control airflow, task light dimming and a status indicator light. It shall incorporate a motion detector which will shut down all selected functions when workstation is unoccupied for fifteen (15) minutes. All previously selected functions will resume when motion detector senses movement in the workstation.

2. Desktop Airflow shall allow the user to select the airflow rate delivered to the desktop area through one desktop fan/filter unit. Fan speed shall be user selectable from no airflow to a maximum of no less than 50cfm. per fan.

3. Filter shall be user removable and user washable and/or replaceable.

4. LED task lights shall be located at each station. LED Light shall be dimmable and have 2 arm adjustments for user comfort. Bias lighting shall light up down and behind the station to ease the strain on the eyes.

J. Adjustable Monitor Rack Properties:

1. Parabolic monitor rack shall be curved to match the cockpit shape of the workstation and achieve as close to equal focal lengths from the user’s eyes to the face of each monitor as possible and also position monitors for a view angle perpendicular to the screen. Focal depth adjustment for the LCD monitors shall be able to be simultaneously adjusted fore and aft up to 12” with a single easy motion.

2. Parabolic monitor rack shall be available in various sizes to accommodate up to five (5) PACs monitors on a single or up to ten (10) on a dual level.

3. Monitor rack platform shall be mounted on a movable platform which will permit a 10” focal length adjustment – from 19.7” to 29.7” with a maximum of 5 lbs.

push/pull effort required to move all monitors simultaneously.

4. LCD mounts shall adjust vertically to allow centering dissimilar monitor sizes on horizontal rail.

5. Monitor rack shall be designed to permit “stacking” of a single monitor up to a complete additional row without removal or disassembly of any existing monitors or any portion of the base unit.

6. Monitor rack must be able to hold quantity of (2) 65-pound monitors with additional side monitors.

7. Individual monitors shall have option of additional fore and aft adjustment to line screen up with larger, deeper monitors.

**Please include a Spec Sheet with your quote so that the Government can compare your product with the list of required Salient Characteristics above.

Warranty: Minimum warranty requirements are 3 years from date of customer acceptance or beneficial use and occupancy whichever occurs first. Warranty shall cover all components of Electric Desk System and include the cost of all labor, parts and transportation. Manufacturer of Desks shall assume primary responsibility for warranty claims.

**PLEASE COMPLETE THE SIX (6) HIGHLIGHTED SECTIONS ON THE ATTACHED

MICROSOFT EXCEL (.xls) DOCUMENT TITLED “36C24421Q1123 LINE ITEMS”

AND RETURN IT WITH YOUR QUOTE SUBMISSION. OFFERS SUBMITTED

WITHOUT THE REQUIRED DOCUMENTS WILL BE CONSIDERED

UNACCEPTABLE AND ELIMINATED FROM FURTHER EVALUATION.

DELIVERY

Delivery is required 60 days ARO, FOB Destination only, to the following:

Corporal Michael J. Crescenz VA Medical Center 3900 Woodland Avenue Warehouse – Building 1 Philadelphia, PA 19104

The items shall be delivered assembled to the warehouse, Building 1. Installation will take place in 2 locations in Building 2, 3rd Floor. There is a loading dock located at Building 2 and there are service elevators that go to the 3rd floor.

QUESTIONS

Questions regarding this RFQ should be addressed to Stephanie McFadden via email only, stephanie.mcfadden@va.gov, no later than Tuesday, August 31, 2021, at

12:00PM EST.

NO PHONE CALLS WILL BE ACCEPTED REGARDING THIS REQUIREMENT.

RESPONSES

Responses to this RFQ are required via email only, stephanie.mcfadden@va.gov, no later than Thursday, September 2, 2021, at 12:00PM EST.

mailto:stephanie.mcfadden@va.gov mailto:stephanie.mcfadden@va.gov

SECTION C - CONTRACT CLAUSES

FAR

Number

Title Date

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS

OCT 2018

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

ITEMS

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):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS (DEV AUG 2020)

DEC 2013

C.2 52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES AND

REMEDIES (JAN 2020) (JUL 2020) (DEVIATION)

(a) Applicability. This clause does not apply to the extent that the Contractor is supplying end products mined, produced, or manufactured in—

(1) Israel, and the anticipated value of the acquisition is $50,000 or more;

(2) Mexico, and the anticipated value of the acquisition is $83,099 or more; or

(3) Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech

Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Italy, Japan, Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or the United

Kingdom and the anticipated value of the acquisition is $182,000 or more.

(b) Cooperation with Authorities. To enforce the laws prohibiting the manufacture or importation of products mined, produced, or manufactured by forced or indentured child labor, authorized officials may need to conduct investigations to determine whether forced or indentured child labor was used to mine, produce, or manufacture any product furnished under this contract. If the solicitation includes the provision 52.222-18, Certification Regarding

Knowledge of Child Labor for Listed End Products, or the equivalent at 52.212-3(i), the

Contractor agrees to cooperate fully with authorized officials of the contracting agency, the

Department of the Treasury, or the Department of Justice by providing reasonable access to records, documents, persons, or premises upon reasonable request by the authorized officials.

(c) Violations. The Government may impose remedies set forth in paragraph (d) for the following violations:

(1) The Contractor has submitted a false certification regarding knowledge of the use of forced or indentured child labor for listed end products.

(2) The Contractor has failed to cooperate, if required, in accordance with paragraph (b) of this clause, with an investigation of the use of forced or indentured child labor by an Inspector

General, Attorney General, or the Secretary of the Treasury.

(3) The Contractor uses forced or indentured child labor in its mining, production, or manufacturing processes.

(4) The Contractor has furnished under the contract end products or components that have been mined, produced, or manufactured wholly or in part by forced or indentured child labor.

(The Government will not pursue remedies at paragraph (d)(2) or paragraph (d)(3) of this clause unless sufficient evidence indicates that the Contractor knew of the violation.)

(d) Remedies.

(1) The Contracting Officer may terminate the contract.

(2) The suspending official may suspend the Contractor in accordance with procedures in

FAR Subpart 9.4.

(3) The debarring official may debar the Contractor for a period not to exceed 3 years in accordance with the procedures in FAR Subpart 9.4.

C.3 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting

Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.]

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business

Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price

Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small

Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[] 852.233–70, Protest Content/Alternative Dispute Resolution.

[] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

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

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.4 VAAR 852.212-71 GRAY MARKET ITEMS (APR 2020)

(a) No gray market or remanufactured items will be acceptable. Gray market items are Original

Equipment Manufacturers’ (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM medical equipment only for VA medical facilities.

(b) Vendor shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the

OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

C.5 VAAR 852.212-72 GRAY MARKET AND COUNTERFEIT ITEMS (MAR

2020)

(a) No used, refurbished, or remanufactured supplies or equipment/parts shall be provided.

This procurement is for new Original Equipment Manufacturer (OEM) items only. No gray market items shall be provided. Gray market items are OEM goods intentionally or unintentionally sold outside an authorized sales territory or sold by non-authorized dealers in an authorized sales territory.

(b) No counterfeit supplies or equipment/parts shall be provided. Counterfeit items include unlawful or unauthorized reproductions, substitutions, or alterations that have been mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitutions include used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.

(c) Vendor shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the

OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

(End of Clause)

C.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—

MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR 52.219-6, Notice of Total Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an

“Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause)

(End of Addendum to 52.212-4)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(JAN 2021) (JUL 2020) (DEVIATION)

(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 items:

(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 and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L.

115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115–232).

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

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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 items:

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with

Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (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) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards

(JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved]

[] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

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

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

[] (10) [Reserved]

[] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15

U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-4.

[] (13) [Reserved]

[X] (14)(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.

[] (15)(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.

[] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and

(3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (JUN 2020) (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 (JUN 2020) of 52.219–9.

[] (v) Alternate IV (JUN 2020) of 52.219–9.

[] (18)(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.

[] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

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

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(MAR 2020) (15 U.S.C. 657f).

[X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15

U.S.C 632(a)(2)).

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

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C.

637(m)).

[] (24) 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 (MAR 2020)

(15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15

U.S.C. 644(r)).

[] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17))

[X] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JUL 2020)

(DEVIATION) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

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

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

[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.

793).

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

[] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

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

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (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).

[] (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (37)(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.)

[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and

Air Conditioners (JUN 2016) (E.O. 13693).

[] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014)

(E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C.

8259b).

[] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT

2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(JUN 2020) (E.O. 13513).

[] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

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

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

[X] (48) 52.225-1, Buy American—Supplies (JAN 2021) (41 U.S.C. chapter 83).

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (JUL 2020)

(DEVIATION) (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), Pub. L. 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 II (JUL 2020) (DEVIATION) of 52.225-3.

[] (iii) Alternate III (JUL 2020) (DEVIATION) of 52.225-3.

[] (50) 52.225–5, Trade Agreements (JUL 2020) (DEVIATION) (19 U.S.C. 2501, et seq., 19

U.S.C. 3301 note).

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (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. 2302 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).

[] (55) 52.229–12, Tax on Certain Foreign Procurements (JUN 2020).

[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41

U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management

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

[] (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

[] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.

637(d)(13)).

[] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb

2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

[] (iii) Alternate II (FEB 2006) 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 items:

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

[] (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).

[] (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).

[] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

[] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42

U.S.C. 1792).

(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

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 items. 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 (JUN 2020) (41 U.S.C.

3509).

(ii) 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)).

(iii) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L.

115–91).

(iv) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115–232).

(v) 52.219–8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and

(3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR

19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

(viii) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause

52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiii)(A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and

E.O. 13627).

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

(xiv) 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).

(xv) 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).

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 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. 2302 Note).

(xxi) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42

U.S.C. 1792). Flow down required in…