About this file

This document is a Standard Form 1449 Solicitation/Contract/Order for Commercial Products and Commercial Services for Autologous Transfusion (Cell Saver) Services issued by the Department of Veterans Affairs Network Contracting Office 4. The solicitation (No. 36C24426Q0150) is for the Wilmington VA Medical Center, seeking a vendor to provide cell saver services for surgical procedures, with a performance period from 03/26/2026 through 03/25/2027.

The contract is an unrestricted procurement under NAICS code 621991 with a $40 million size standard. Key requirements include providing qualified technicians, Cell Saver Elites, carts, and disposables for perioperative autologous blood collection services. The solicitation involves multiple line items for services such as complete service, additional time, stand-by service, professional services, and various equipment-related fees. Quotes are due by 12/19/2025 at 4:00 PM EST, and the award will be made to the lowest-priced technically acceptable vendor. The services will be provided 24/7 at the Wilmington VA Medical Center's operating rooms, supporting surgical procedures where blood loss is anticipated.

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36C24426Q0150

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

36C244-26-AP-0764

460-26-1-139-0001 36C24426Q0150 12-10-2025 David Santiago | david.santiago2@va.gov 412-822-3746 12-19-2025 4pm

EST

36C244 Department of Veterans Affairs Network Contracting Office 4 1010 Delafield Road Pittsburgh, PA

15215 X 621991 $40 Million N/A X Wilmington VA Medical Center (WVAMC) Attn: Operating Room, BLDG 1 1600 Kirkwood Hwy, Wilmington, DE

19805 36C244 Department of Veterans Affairs Network Contracting Office 4 1010 Delafield Road Pittsburgh, PA

15215

Austin Payment Center Department of Veterans Affairs PO Box 149971 Austin

TX

78714-9971

(877) 353-9791

(512) 460-5429 See CONTINUATION Page The Wilmington VA Medical Center has a new requirement for Autologous Transfusion - Cell Saver Services.

Schedule on pages 4 thru 7.

Performance Work Statement (PWS) on pages 8 thru 11.

Instructions to Vendors on pages 23 and 24.

See CONTINUATION Page 460-3660160-139-820200-2632 010020290 X X X Jacob Silbaugh

VA-VHA-RPOE-2024-0028

Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES1
SECTION B - CONTINUATION OF SF 1449 BLOCKS3
B.1 CONTRACT ADMINISTRATION DATA3
B.2 PRICE/COST SCHEDULE4
ITEM INFORMATION4
B.3 DELIVERY SCHEDULE7
Performance Work Statement (PWS)8
SECTION C - CONTRACT CLAUSES28
C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)28
C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)28
C.3 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)29
C.4 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)29
C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS29
C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION FEB 2025)30
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS39
SECTION E - SOLICITATION PROVISIONS40
E.1 52.212-1 INSTRUCTIONS TO VENDORS — COMMERCIAL ITEM SEP 202140
E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)41
E.2 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION FEB 2025)42

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 36C244 David Santiago Department of Veterans Affairs Network Contracting Office 4

1010 Delafield Road Pittsburgh, PA 15215

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 of Order.

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 http://ob10.com/us/en/veterans-affairs-us// ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO
DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1.00
EA
__________________
__________________

PACS: COMPLETE SERVICE

Contract Period: Base POP Begin: 03-26-2026 POP End: 03-25-2027 PRINCIPAL NAICS CODE: 621991 - Blood and Organ Banks PRODUCT/SERVICE CODE: Q523 - Medical - Surgery

1.00
EA
__________________
__________________

PACS: ADDITIONAL TIME - PER 15 MINUTES

POP Begin: 03-26-2026 POP End: 03-25-2027

1.00
EA
__________________
__________________

PACS: STAND-BY SERVICE

POP Begin: 03-26-2026 POP End: 03-25-2027

1.00
EA
__________________
__________________

PACS: APRP

POP Begin: 03-26-2026 POP End: 03-25-2027

1.00
EA
__________________
__________________

PACS: APRP ADD-ON TO COMPLETE SERVICE

POP Begin: 03-26-2026 POP End: 03-25-2027

1.00
EA
__________________
__________________

PACS: ANTICOAG-ASPIRATION ASSEM

POP Begin: 03-26-2026 POP End: 03-25-2027

1.00
EA
__________________
__________________

PACS: CANCELLATION FEE - BEFORE SET-UP

POP Begin: 03-26-2026 POP End: 03-25-2027

1.00
EA
__________________
__________________

PACS: PROFESSIONAL SERVICE

POP Begin: 03-26-2026 POP End: 03-25-2027

1.00
EA
__________________
__________________

PACS: CANCELLATION FEE - AFTER SET-UP

POP Begin: 03-26-2026 POP End: 03-25-2027

1.00
EA
__________________
__________________

PACS: NON-SCHEDULED CASE FEE

POP Begin: 03-26-2026 POP End: 03-25-2027

1.00
EA
__________________
__________________

PACS: OFF HOURS RESPONSE FEE

POP Begin: 03-26-2026 POP End: 03-25-2027

1.00
EA
__________________
__________________

PACS: MICRO AGGREGATE FILTER

POP Begin: 03-26-2026 POP End: 03-25-2027

1.00
EA
__________________
__________________

PACS: TRANSFER PACK

POP Begin: 03-26-2026 POP End: 03-25-2027

1.00
EA
__________________
__________________

PACS: LEUKOREDUCTION FILTER

POP Begin: 03-26-2026 POP End: 03-25-2027

1.00
EA
__________________
__________________

PACS: PROCESSING BOWL KIT

POP Begin: 03-26-2026 POP End: 03-25-2027

1.00
EA
__________________
__________________

PACS: RESERVOIR

POP Begin: 03-26-2026 POP End: 03-25-2027

GRAND TOTAL
__________________

B.3 DELIVERY SCHEDULE

ITEM NUMBER
SHIPPING INFORMATION
QUANTITY
DELIVERY DATE
0001
SHIP TO:
Wilmington VA Medical Center

1601 Kirkwood Hwy Wilmington, DE 19805

USA

1.00
03/26/2026
MARK FOR:
Ahia McKeown

302-994-2511x4227 ahia.mckeown@va.gov

FOB:
DESTINATION

1.00

1.00

1.00

1.00

1.00

1.00

1.00

1.00

1.00

1.00

1.00

1.00

1.00

1.00

1.00

Performance Work Statement (PWS) For

“AUTOLOGOUS TRANSFUSION (CELL SAVER) SERVICES”

SERVICE AND EQUIPMENT/SUPPLIES TO BE PROVIDED

GENERAL:

The contractor shall provide preoperative blood cell saver autologous transfusion services as needed to support the Veteran beneficiary patients in the Operating Room of the Wilmington VA Medical Center (WVAMC) located at 1600 Kirkwood Hwy, Wilmington, DE. 19805.

BACKGROUND:

The WVAMC is classified with a complexity level 2 representing a medium level of volume, patient risk, teaching and research. Our operative complexity is designated as “Standard to Intermediate”.

The WVAMC supports saving the blood supply and unnecessary exposure to the patient to viral markers. The vendor will work in conjunction with the blood bank department in the laboratory and the Operating Room to target the patients needing Cell Savers for Preoperative and Postoperative Blood services. Research has demonstrated the importance of preventing unwanted diseases through exposure to other people’s blood, when possible.

PLACE OF PERFORMANCE:

Operating Room (Endovascular Suite), BLDG 1 2nd Floor, Wilmington VA Medical Center Operating Room, BLDG 1 3rd Floor, Wilmington VA Medical Center

PERIOD OF PERFORMANCE:

03/26/2026 – 03/25/2027

SCOPE:

The vendor should make available all resources necessary to accomplish the deliverables described in this Performance Work Statement (PWS), except as may otherwise be specified. Contractor provides a qualified technician, Cell Saver Elites, Carts, and disposables to provide perioperative autologous collection services. Task orders will be placed against the contract on an “as needed” basis to the Wilmington VA Medical Center’s operating room located in building 1, 3rd floor. The quantities specified in the PERIOPERATIVE AUTOLOGOUS COLLECTIONS SERVICE AGREEMENT (PACS) are estimates only and are not purchased by this contract. The quantities represent the government’s best estimate of actual quantities which may be required over the term of the contract. The Contractor will be paid, in accordance with this schedule, only for actual work performed.

Code
Service Description
PACS001
PACS: COMPLETE SERVICE
PACS002
PACS: ADDITIONAL TIME - PER 15 MINUTES
PACS003
PACS: STAND-BY SERVICE
PACS004
PACS: APRP
PACS005
PACS: APRP ADD-ON TO COMPLETE SERVICE
PACS006
PACS: ANTICOAG-ASPIRATION ASSEM
PACS011
PACS: CANCELLATION FEE - BEFORE SET-UP
PACS012
PACS: PROFESSIONAL SERVICE
PACS013
PACS: CANCELLATION FEE - AFTER SET-UP
PACS014
PACS: NON-SCHEDULED CASE FEE
PACS015
PACS: OFF HOURS RESPONSE FEE
PACS016
PACS: MICRO AGGREGATE FILTER
PACS017
PACS: TRANSFER PACK
PACS025
PACS: LEUKOREDUCTION FILTER
PACS033
PACS: PROCESSING BOWL KIT
PACS034
PACS: RESERVOIR

SERVICES:

Basic autotransfusion will be used where large blood loss is anticipated. Procedures will include but not be limited to vascular, trauma, gynecological, and some orthopedic cases. Any procedure in which medical staff determine whether this service is required shall be covered under this contract. Basic service will include use of contractor provided equipment, disposable supplies, setup and take down of equipment, and one registered nurse operator or certified technician for approximately a four (4) hour period.

Mini autotransfusion will be used either intra or post operatively on surgical procedures where nominal to moderate blood loss is anticipated. Procedures will include but not be limited to: Orthopedic cases such as total knee and total hip arthroplasties, ORIF, and retropubic prostatectomy. Mini autotransfusion will include all use of contractor provided equipment, disposable supplies, setup and take down of equipment, and one registered nurse operator or certified technician for approximately a minimum of a two (2) hour period.

The contractor shall provide services in accordance with American Association of Blood Bank (AABB) standards.

The contractor shall provide all labor, equipment, management, materials, supplies, and other elements necessary to provide complete “Autologous Transfusion (Cell Saver) Services” for the Wilmington VA Medical Center. Registered nurses and/or technicians shall be fully qualified and possess direct, documented experience in the performance of the referenced services.

Universal precaution procedures, in accordance with CDC, OSHA, & JC guidelines, shall be adhered to for services provided under this contract.

The services to be performed by the Contractor shall be performed in accordance with WVAMC policies and procedures and the regulations of the medical staff by-laws (available upon request) of the WVAMC.

The contractor shall provide only equipment and supplies that are approved by the Food & Drug Administration (FDA) for autotransfusion. The Contractor shall obtain written approval from the Contracting Officer (CO) prior to implementing any changes or substitution of equipment/supplies during the term of this contract. An approved list of supplies shall be submitted to, and maintained by, the Contracting Officer’s Representative (COR) in collaboration with OR Nursing Leadership. The contractor shall be responsible for providing the necessary machine along with the disposable bowl and reservoir. The WVAMC staff are not responsible for Contractor provided equipment/supplies and/or staff. Contractor shall ensure all equipment and supplies are in pristine condition and supplies are not expired. They shall be maintained in a condition suitable for operating room applications. No other condition is considered acceptable and shall not be used in the performance of this contract. Maintenance and repair of the Contractor’s equipment is the sole responsibility of the Contractor.

The Contractor shall place two (2) contractor owned cell saver machines in the operating room area and remain there for the duration of the contract. It is agreed that WVAMC personnel shall not, at any time, set up or operate contractor equipment or machines. However, WVAMC personnel shall be authorized to begin all necessary operations required for emergency collection set-up when they deem necessary for appropriate patient care.

VA REQUEST FOR CELL SAVER PROCESS:

During normal business hours, the Surgical Resident enters a consultation requesting a cell saver.

The Impact Nurse makes the request and provides this information to the Inventory Management Specialist.

Inventory Management Specialist calls to order the cell saver with the following information- Surgeon Name Operating Room phone number Type of Surgical Procedure Patient Name Date and Time of Procedure Malignancy Status

After hours, Saturday, Sunday and Holidays Emergency Service can be ordered through the same Clinical Services phone number on a 24-hour, 7-day basis. The Surgical Resident, Nursing Supervisor, or O.R. nurse can order these services.

TRANSPORTATION AND TRAVEL TIME:

The price of this service shall include the transportation of personnel and equipment/supplies. No additional charges shall be authorized for transportation.

RESPONSE TIME AND QUANTITIES:

The Contractor shall provide all necessary equipment, supplies, and a registered nurse or certified technician within 30 minutes of notification of needed emergency services by the Nursing Leadership or other authorized representative as identified by the CO or COR.

Upon arrival, the registered nurse and/or technician shall immediately report to the WVAMC circulating nurse assigned to the procedure.

The Contractor shall not be required to perform in excess of three (3) Basic and one (1) Mini service at any one time under this contract.

HOURS OF COVERAGE:

The contractor shall provide coverage twenty-four (24) hours per day, seven (7) days per week. This is a critical life-saving component for patient care. Accordingly, Contractor shall be prepared to perform services at all times.

QUALITY MANAGEMENT PROGRAM:

The Contractor shall have a quality management program in place, that ensures equipment and personnel perform in accordance with American Association of Blood Banks (AABB), College of American Pathologists (CAP), Joint Commission (JC) standards as applicable. The Contractor shall submit a detailed planned which accurately details their quality control management program to the CO prior to contract start-up. Contractor shall obtain written approval from the CO prior to implementing any changes in their approved quality management program. Failure of the Contractor to ensure personnel and equipment conform to these standards shall be cause for termination of the contract.

PERFORMANCE MONITORING AND SURVEILLANCE METHODS:

The COR shall use the surveillance methods listed below in the administration of this contract.

DIRECT OBSERVATION:

100% surveillance: The Surgeon will observe the contract Perfusionist during each case and provide feedback to Nursing Leadership who will communicate with the COR.

PERIODIC INSPECTION:

Inspections scheduled and reported quarterly per COR delegation or as needed. COR will ask the contract Perfusionist for licensure, certification, registration, and maintenance of certification as a perfusionist information updates each month.

VALIDATED USER/CUSTOMER COMPLAINTS:

The contractor will be monitored through a variety of mechanisms, including but not limited to:

QA monitors to assess the quality of care provided by the contractor.

Review of medical record documentation.

The Contractor is required to meet Joint Commission standards, as applicable. These performance standards may change during the course of the contract. Any new or revised quality/performance criteria or standards will be provided to the contractor before their implementation date and renegotiated into the contract as necessary. Attachment 1 contains the Performance Metrics that will be used to monitor the contractor.

Monitoring of contractor’s time shall be demonstrated through sign-in/ sign-out sheets. The contractor shall be required to sign an attendance log-upon reporting to work and departing from work. The Contracting Officer’s Representative (COR) is designed to be the Surgical Care Line’s Administrative Team. The COR shall be the VA official responsible for verifying contract compliance. After contract award, any incidents of contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer.

PERSONNEL QUALIFICATIONS/TRAINING:

The Contractor shall ensure all personnel are fully qualified, competent, and have the training, and experience to perform the services in accordance with the terms & conditions of this contract and all other applicable regulations. The Contractor shall provide documentation/certification letters of qualifications, training, licensure, and experience of proposed personnel which the Contractor anticipates utilizing to perform services under this contract. Contractor shall provide evidence their prospective personnel have received all Vaccines (with TB and COVID-19 immunization being the most critical), as well as training for safety/blood borne pathogens and HIPPA. Personnel shall not be used prior to approval by the COR. This approval shall be in writing. Information shall be provided prior to the addition of new staff members.

It is the contractor’s responsibility to provide competency assessments, evaluations, credentials, licensure and/or or any other documents on its employees required to comply with the accreditation policies and standards of the Joint Commission. Employees of the contractor shall be a citizen of the United States and proficient in spoken and written English.

Failure to ensure personnel meet the minimum qualification requirements shall represent grounds for contract termination. The qualifications of Contractor personnel performing under this contract are subject to review and approval by the WVAMC Chief of Staff and the WVAMC Director. Accordingly, Contractor shall supply the list of prospective employees as quickly as possible, but not later than three days after contract award, to ensure personnel are in place in an acceptable period of time. Contractor personnel will be subject to a Special Agreement Check (SAC) via electronic fingerprinting prior to or simultaneous with entry on duty to WVAMC premises.

HIPPA Responsibility: Contractor agrees to comply with the requirements under the Health Insurance Portability and Accountability Act of 1996 (HIPPA). Notwithstanding anything to the contrary in this contract, all individually identifiable health information shall be treated as confidential by parties in accordance with all applicable federal, state, or local laws and regulations and official guidance promulgated there under, and the parties agree to take such additional steps and/or negotiate such amendments to this contract as may be required to ensure that the parties are and remain in compliance with the HIPAA regulations and official guidance.

Security requirements: The contractor and their personnel shall be subject to the same Federal laws, regulations, standards and VA policies as VA personnel, regarding information and information system security. These include but are not limited to Federal Information Security Management Act (FISMA), Appendix II of OMB Circular A-130, and guidance and standards, available from the Department of Commerce’s National Institute of Standards and Technology (NIST). This also includes the use of common security configurations available from NIST’s Web site at:

http://www.checklists.nist.gov

To ensure appropriate security controls are in place, contractors must follow the procedures set forth in: “VA Information and Information System Security/Privacy Requirements for IT Contracts” located at the following web site:

http://www.iprm.oit.va.gov

The Contracting Officer or COTR will provide the details required for obtaining the VHA Privacy Policy Training.

In accordance with VHA Directive 6500, Appendix G, Department of Veteran’s Affair (VA) National Rules of Behavior, each contractor must read and sign the VA National Rules of Behavior prior to gaining any access to VA information and/or information systems. Contractors must initial and date each page of the copy of the page of the VA National Rules of Behavior; they must also provide the information requested on the last page, sign and date it.

Contractor Employee Security and HIPPA Training: Contractor shall certify that all employees working on this contract receive VHA Privacy Training. This training can be accessed online through the VA Learning Management System (LMS). Proof of training is required.

Contractor Personnel Security Requirements: All contractor employees who require access to the Department of Veterans Affairs’ computer system shall be the subject of a background investigation and must receive a favorable adjudication from the VA Office of Security and Law Enforcement prior to contract performance. This requirement is applicable to all subcontractor personnel requiring the same access. If the investigation is not completed prior to the start date of the contract the contractor will be responsible for the actions of those individuals that provide or perform work for the VA.

CONTRACTOR RESPONSIBILITIES:

Contractor shall bear the expense of obtaining background investigations The contractor shall prescreen all personnel requiring access to the computer systems to ensure they maintain a U.S. citizenship and are able to read, write, speak and understand the English language. The contractor shall provide the screening results of the VA Contracting officer prior to award and anytime new employees are hired The contractor will provide to the Contracting Officer prior to award the following: (1) List of names of contract personnel. (2) Social security numbers of contractor personnel, (3) Home address of contractor personnel or the contractor address

APPROVAL OF CONTRACTOR PERSONNEL:

The WVAMC reserves the right to refuse employment under this contract or require dismissal from contract work of any contractor employee or subcontractor employee who, by reason of previous unsatisfactory performance at the VA or for any other reasonable cause, is considered by the Contracting Officer to be objectionable, as long as thirty (30) days written notification of unsatisfactory performance has been provided to the contractor and the problem has not been cured in the thirty (30) day period.

KEY PERSONNEL AND TEMPORARY EMERGENCY SUBSTITUTIONS:

The Contractor shall assign to this contract the following key personnel:

Key Registered Nurse

Key Registered Nurse

Back up Registered Nurse

Back up Registered Nurse

Back up Registered Nurse

Back up Registered Nurse

Certified Technician

Certified Technician

During the first ninety (90) days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer, in writing, within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period of the contract, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes shall have comparable qualifications to those of the people being replaced. The Contracting Officer Shall notify the Contractor within 15 calendar days after receipt of all required information of the decision on the proposed substitutes. The contract will be modified to reflect any approved changes of key personnel.

For temporary substitutions where the key person will not be reporting to work for three

(3) consecutive workdays or more, the Contractor will provide a qualified replacement for the key person. This substitute shall have comparable qualifications to the key person. Any period exceeding two weeks will require the procedure as stated above.

REPORTING REQUIREMENTS:

The contractor shall provide a log report for each procedure to include the date, patient’s name, locally assigned patient identification number, volume processed, volume returned, and name & signature of the registered nurse.

All records of services rendered, and supplies used shall be provided to Logistics.

UNUSED WHOLE BLOOD:

When there is whole blood remaining at the completion of a surgical procedure the nurse operator shall ensure proper labeling as follows: Patient’s name, locally assigned patient identification number, and date & time. The nurse operator shall inform the Operating Room circulating nurse and Anesthesia when there is remaining whole blood.

PERSONNEL POLICY:

The Contractor shall be responsible for protecting the personnel furnishing services under this contract. To conform with this policy, the Contractor shall provide the following minimum requirements:

-worker’s compensation

-professional liability insurance

-health examinations

-income tax withholding, and

-social security payments

The personnel performing under this contract shall not be considered SAVAHCS employees for any purpose and shall be considered employees of the Contractor.

PERSONAL ARTICLES:

The WVAMC shall provide a locker for contractor personnel to store personal articles for safekeeping. Contractor shall be responsible for any lock they wish to utilize

To maintain environmental sanitation no personal articles shall be brought into the operating room.

DEFINITIONS/ACRONYMS -

AABB – American Association of Blood Banks

CAP – College of American Pathologists CDC – Centers for Disease Control

CO - Contracting Officer.

COR - Contracting Officer’s Representative.

JC – Joint Commission.

OSHA – Occupational Safety and Health Administration

WVAMC – Wilmington VA Medical Center

FEDERAL HOLIDAYS OBSERVED BY THE SAVAHCS:

New Year’s DayLabor Day
Martin Luther King DayColumbus Day
President's DayVeterans Day
Memorial DayThanksgiving Day
Independence DayChristmas Day

June Nineteenth

*Note – Please ensure you understand this contract is in effect 365 days a year, 24 hours a day.

IDENTIFICATION, PARKING, SMOKING, AND VA REGULATIONS:

It is the responsibility of the contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Section. The WVAMC will not invalidate or make reimbursement for parking violations of the contractor under any conditions.

Smoking is prohibited inside all buildings at the WVAMC and on VA property.

Possession of weapons and alcohol are prohibited.

Enclosed containers shall be subject to search.

Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

PRIVACY AWARENESS TRAINING:

Privacy Training:

The Contractor and their sub-contractors assigned work under the contract are required to receive annual training on patient privacy as established by HIPAA statutes. Training must meet VHA’s and the Department of Health and Human Services Standards for Privacy of Individually identifiable health information. Contractor shall provide documented proof to the contracting officer that all employees assigned work and/or having access to Protected Health Information have received annual training. Proof of training is to be forwarded to the Contracting Officer. Information on fulfilling the training requirement as stated in this paragraph can be found at https://www.ees-learning.net. For contractors and sub-contractors who do not have access to VHA computer systems, this requirement is met by receiving VHA National Privacy Training, other VHA approved privacy training or contractor furnished training that meets the requirements of the HHS standards.

A Business Associate Agreement (BAA) may be required for any contract that requires either a SAC or a NACI or higher and that is not otherwise exempt from the requirement for a BAA. The BAA shall be attached to solicitation document for this requirement. Contractor shall supply completed BAA with their solicitation offer.

ORDERS:

A task order shall be placed against the basic contract on an annual basis to provide funding for services. In no event shall the established limit be exceeded without prior modification by the CO. See contract documents for complete procedures and requirements.

ATTACHMENT 1 - PERFORMANCE METRICS

Task

PWS

Para

Performance Measures
Acceptable Quality Level

Method of Surveillance

Basic Autotransfusion

1.B.1

At All Times

100% Observation and random inspection

Mini Autotransfusion

1.B.2

At All Times

Observation and random inspection

Equipment and Supplies

1.C

Response Times

3.

Personnel Qualifications 7, 7.1,

7.2 & 7.3

At all times

100 %

Observation and random inspection (auditing)

Reporting Requirements
8
At all times
100%
Observation and random inspection (auditing)
Privacy Awareness
16
At All Times
100 %
Observation and random inspection (auditing)

PRICE/COST SCHEDULE:

All quantities listed are considered estimates.

Item information

Item Number
Description of Supplies
Estimated Quantity
Unit
0001
Autotransfusion Professional Fee
1
EA
0002
Hourly charge for cases beyond 10 hours
1
EA
0003
Autrotransfusion Case Cancellation (After contractor arrives on site)
1
EA
0004
Autotransfusion Case Cancellation (Cancellation with < 3 hours’ notice)
1
EA
0005
Emergent Autotransfusion Fee
1
EA

Disposables description

3L Reservoir Only – 150 micron filter

Basic A&A Assembly

Procesing Set (125ml)

Processing Set (225ml)

Vacuum Line

Blood Filter – 40 Micron

Blood Filter – Lipid Reduction

Blood Filter – Leucocyte Reduction

Blood Transfer Bags

Blood QC Sample Copuler

CAPITAL EQUIPMENT

DESCRIPTION

Haemonetics Elite Autotransfusion Device – QTY (2)

· Vendor shall be responsible for all maintenance, including PM for the equipment.

End of Performance Work Statement (PWS).

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

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)

FAR Number
Title
Date
52.203-17
CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS
NOV 2023
52.204-9
PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL
JAN 2011
52.204-13
SYSTEM FOR AWARD MANAGEMENT MAINTENANCE
OCT 2018
52.212-4
CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
NOV 2023
52.224-1
PRIVACY ACT NOTIFICATION
APR 1984
52.224-2
PRIVACY ACT
APR 1984
52.227-14
RIGHTS IN DATA—GENERAL
MAY 2014
52.232-40
PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS
MAR 2023
852.203-70
COMMERCIAL ADVERTISING
MAY 2018
852.204-70
PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL
MAY 2020
852.212-71
GRAY MARKET AND COUNTERFEIT ITEMS
FEB 2023
852.219-70
VA SMALL BUSINESS SUBCONTRACTING PLAN MINIMUM REQUIREMENTS (DEVIATION)
JAN 2023
852.232-72
ELECTRONIC SUBMISSION OF PAYMENT REQUESTS
NOV 2018
852.237-74
NON-DISCRIMINATION IN SERVICE DELIVERY
OCT 2019
852.237-75
KEY PERSONNEL
OCT 2019

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days prior to end of the contract.

(End of Clause)

C.3 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond . The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond , until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of Clause)

C.4 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(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) (End of Addendum to 52.212-4)

C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION FEB 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:

[] (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.)

[] (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).

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

[] (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.

[X] (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.

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

[] (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).

[] (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).

[] (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).

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

[] (33) [Reserved] [] (34) [Reserved] [] (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.

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

[] (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 (OCT 2025) (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) (DEVIATION FEB 2025) (7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671I).

[X] (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)(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).

[] (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.).

[] (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).

Employee Class
Monetary Wage-Fringe Benefits

[] (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,…

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