36C24821Q0276.pdf

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

General Information

Document Type:

Solicitation Number:

Posted Date:

Original Response Date:

Product or Service Code:

Combined Solicitation/Synopsis 36C24821Q0276 12-28-2020 01-29-2021 S222

Set Aside (SDVOSB/VOSB): TIERED EVALUATIONS

NAICS Code | Size Standard: 562112 | $41.5 Million

Contracting Office Address

Department of Veterans Affairs Network Contracting Office 8 300 E University Ave, Suite 180 Gainesville FL 32601

Description

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotations are being requested, and a written solicitation document will not be issued.

This solicitation is a Request for Quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-02.

The North Florida/South Georgia Veterans Health System is seeking to procure Regulated Medical Waste Pickup and Disposal Services. This will be an annual full-service contract for a base year plus four option years.

See Section B.2 – Price/Cost Schedule for a list of Line Items and enter your pricing accordingly.

See Section B.3 – Statement of Work for a description of the services to be performed.

The Government will evaluate all quotations using the Comparative Evaluation process outlined in FAR 13.106-2(b)(3), where quotations will be compared to one another to determine which provides the best benefit to the Government. See Section E.1 – 52.212-1 – Instructions to Quoters and Section E.2 – 52.212-2 – Evaluation of Quotes for more information.

Any questions or concerns regarding this solicitation should be submitted no later than 01/11/2021 at 3:00 PM EST. Please submit questions in writing via e-mail to the Contracting Officer, Daniel Dove, at daniel.dove@va.gov.

All quotations for this solicitation shall be submitted no later than 01/29/2021 at 3:00 PM EST.

Please submit all responses to the Contracting Officer, Daniel Dove, at daniel.dove@va.gov. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f).

SOLICITATION NOTICE OF TIERED EVALUATIONS

This procurement is set-aside based on an order of priority as established in 38 U.S.C. 8127.

TIERED EVALUATIONS INCLUDING LARGE BUSINESS CONCERNS: This solicitation is being issued as tiered evaluation with the following tiers: (1) SDVOSB concerns, (2) VOSB concerns, (3) small business concerns with HUBZone small business concerns and 8(a) participants having priority; and (4) large business concerns. if award cannot be made, the solicitation will be cancelled, and the requirement resolicited.

36C24821Q0276

Table of Contents

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

B.3 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

C.1 ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL ITEMS

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

SUPPLEMENTAL INSURANCE REQUIREMENTS

VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

VAAR 852.219-71 VA MENTOR-PROTÉGÉ PROGRAM (DEC 2009)

VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND

COMPLIANCE (JUL 2018)

VAAR 852.219-76 SUBCONTRACTING PLANS MONITORING AND COMPLIANCE

(JUL 2018)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATION

D.2 PAST PERFORMANCE SURVEY

D.3 COMPLIANCE WITH THE LIMITATIONS ON SUBCONTRACTING

SECTION E - SOLICITATION PROVISIONS

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

52.212-1 INSTRUCTIONS TO QUOTERS—COMMERCIAL ITEMS

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) .. 26

52.216-1 TYPE OF CONTRACT (APR 1984)

52.233-2 SERVICE OF PROTEST (SEP 2006)

E.2 52.212-2 EVALUATION OF QUOTES

E.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (MAR 2020)

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 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Commerce Building 300 E. University Ave. Ste. 180 Gainesville FL 32601-3460

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 [X] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly [ ]

b. Semi-Annually [ ]

c. Other [X] Monthly

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

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971

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

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

EST

QTY UNIT

UNIT

PRICE AMOUNT

0001 Base Period: 03-01-2021 – 02-28-2022 489,000 LB _________ _________ Regulated Medical Waste Pickup and Disposal

(Estimated Weight)

1001 Option One: 03-01-2022 – 02-28-2023 489,000 LB _________ _________

2001 Option Two: 03-01-2023 – 02-29-2024 489,000 LB _________ _________

3001 Option Three: 03-01-2024 – 02-28-2025 489,000 LB _________ _________

4001 Option Four: 03-01-2025 – 02-28-2026 489,000 LB _________ _________

5001 Option to Extend Services under FAR Clause 52.217-8

244,500 LB NSP NSP

NOTE: The specified rates under this clause will be those rates in effect pursuant to the CLINs under which the contractor is currently providing services.

GRAND TOTAL ___________________

B.3 STATEMENT OF WORK

1. GENERAL REQUIREMENTS

1.1 The vendor shall furnish all labor, equipment, containers appropriately labeled (except for Government-furnished "Sharps" needle containers), supplies, materials, transportation and supervision required to provide pick-up, transport, incineration and/or Autoclave of biohazard medical waste, and Government "Sharps" containers, from the Veterans Affairs Medical Center (henceforth referred to as "VA") medical facilities. Contract period is for one 1-year base period, with four 1-year renewal option periods in accordance with the terms and conditions defined herein response, for the following locations:

Malcom Randall VAMC 1601 SW Archer Rd, Gainesville, FL 32608-1197 Dermatology Clinic, 5571 SW 64th St. Gainesville, FL 32608 Pain Clinic, 3401 NW 98th St., Gainesville, FL 32606 Jacksonville VA University, Buildings 100 & 200, Memorial Health Plaza, 3901 University

Blvd South Jacksonville, FL 32216, Jacksonville Outpatient Clinic (OPC) 1536 North Jefferson St. Jacksonville, FL 32209 Jacksonville VA South Point, 6900 Southpoint Drive North, Jacksonville, FL 32216 Lake City VAMC, 619 S. Marion Avenue, Lake City, FL 32025-5808 Lake City Commerce Clinic, 484 SW Commerce Drive, Lake City, FL 32025 Marianna CBOC, 4970 Highway 90, Marianna, FL 32446 Middleburg VA Clinic, 400 College Drive, Suite 200, Middleburg, FL 32068 Ocala Community Based Outpatient Clinic (CBOC) 1515 E. Silver Springs Blvd., Ocala

FL 34470

Palatka Community Based Outpatient Clinic (CBOC), 400 North State Road 19, Suite

48, Palatka FL, 32177 Perry CBOC, 1224 North Peacock Ave., Perry, FL 32347 St. Augustine CBOC, 195 Southpark Blvd, St. Augustine, FL 32086 St. Marys CBOC, 2603 Osborne Rd Suite E, St. Marys, FL 31558 Tallahassee Health Care Center (THCC), 2181 East Orange Avenue, Tallahassee, FL

32311 Valdosta VA Clinic, 348B Enterprise Drive, Valdosta, GA 31602 The Villages OPC, 8900 SE 165th Mulberry Lane, The Villages, FL 32126 Waycross CBOC, 515 South City Blvd, Waycross, GA 31501.

1.2 The vendor shall treat and/or dispose of bio-hazardous medical waste in accordance with State and Federal (U.S. Environmental Protection Agency - EPA) guidelines, VA infectious medical waste requirements, and all other Federal, State and local regulations. The vendor will maintain all necessary medical waste permits and licenses for the disposal and treatment of such waste. The vendor will also have an assigned U.S. Environmental Protection Agency (EPA) authorization and identification number, necessary Department of Transportation permits, including insurance prior to transport and/or disposal of subject waste. If the vendor requires additional information, they may contact U.S. EPA regional office. The following links are guidelines for the regulations that must be adhere to:

EPA guidelines - http://www.epa.gov/reg3wcmd/medical_waste.htm FL State Regulations-https://www.flrules.org/

1.3 Green initiatives regarding sustainability in Executive Order 13514. An example of this would be the treatment of medical waste by thermal oxidation which destroys infectious organisms and reduces the solid waste volume by more than (95%) ninety five percent. The reduction of the material and its transport greatly reduces the impact on the environment from truck exhaust in that there are fewer trips made to remove the same amount of material, as opposed to alternative autoclave technology. Thermal oxidation produces residual materials in solid, liquid and gaseous forms. The residual end product in the solid form is an unrecognizable fine ash and spent treatment material from the air pollution control system.

This solid residue is non-hazardous and is compatible for the landfill. Veterans Affairs/federal government may ask for proof that this requirement is being met ("cradle to grave").

1.4 Copy of all licenses shall be provided to Contracting Officer upon contract award.

2. DEFINITIONS:

2.1 BIOHAZARD MEDICAL WASTE: Blood saturated dressings, etc. from VA facility, packed and tied in leak-proof "RED BAGS ".

2.2 Liquid or semi-liquid blood or other potentially infectious materials (OPIM)

2.3 Items contaminated with blood or OPIM which would release substances in a liquid or semi-liquid state if compressed.

2.4 Items that are caked with dried blood or OPIM and are capable of releasing these materials during handling.

2.5 Pathological and Laboratory wastes, also including blood tubes, needles, urine cup lids, syringes, blood tubes, scalpels, or other OPIM.

3. DISPOSAL AND SANITATION REQUIREMENTS:

Vendor will employ the best environmentally sound methods of treating and destruction of wastes such as incineration and recycling or any other acceptable methods, in accordance with EPA and industry standards. Disposal shall be performed in such a manner as not to create conditions detrimental to public health or to constitute a public nuisance. The pick-up area where containers are placed shall be maintained in a clean, orderly, sanitary condition.

Particular attention shall be paid to the prompt cleanup of oil and/or grease spills, either generated from the vehicles used to haul containers or because of container leakage.

4. CONTAINERS:

The vendor will provide, as part of the unit prices stated in Schedule of Supplies/Services, to include one closed roll off, top load capable container each to the Malcom Randall VAMC and Lake City VAMC (addresses listed above), and appropriate containers/ totes and red bags to the other listed sites. Inspection for leaks will be performed routinely by the COR. If during the contract period, VA determines that the condition of any supplies by the vendor constitutes a hazard to the health, safety or welfare of VA employees, patients, or the general community, the vendor will immediately, upon receiving notice of such determination, by the contracting officer or COR, remove the supplies from the VA installation and shall immediately replace it with supplies which are approved by the VA facility.

5. DOCUMENTATION:

5.1 The "manifest" is a form entitled "Hazard Waste Hauling Record & Certificate of Destruction" which is used to track the subject waste from the point of generation to the designated disposal location. Once the material has reached the disposal facility, a copy of the manifest and certificate of destruction shall be provided to the Contracting Officer/ COR or designated representative, confirming that the material has been properly handled and disposed. The Contracting Officer/ COR shall be provided a manifest for each pick-up, certifying the number of containers, types of waste picked up / removed, and transported from the VA. The certificate of destruction form will contain date, location, weight, and method of destruction and/or disposal. VA will keep its copy on file in accordance with agency guidelines point of generation to the designated disposal location.

5.2 Monthly Report: The vendor will also provide, in accordance with applicable regulation, a detailed daily activity statement which shows in columnar form information including, but not limited to, the service date, roll offs„ weight (in pounds), invoice numbers, manifest, certificate of destruction, and other important data. This tracking document shall be provided to the CO /COR in-charge of the facility on a monthly basis (no later than 15 days after the previous month: Example March statement due by April 15), along with invoice. CO /COR name, telephone number and address will be provided to the vendor at the time of award.

5.3 Weighing System: The vendor will provide a certifiable weighing system to enable proper billing for "tare weight" waste poundage disposed, i.e., if the disposal container weighs 10 pounds and the Contractor is to dispose of 10 containers, each container shall be weighed and container total weight (100) pounds is subtracted from the gross container weight to determine the total waste poundage to be paid.

6. SAFETY TRAINING:

6.1 Upon contract award and once a year thereafter, the vendor will provide an in-service training session to key VA personnel at each location on bow to identify and handle infectious waste' with special emphasis on "Right to Know" compliance, proper sealing of regulated medical waste' for disposal purposes, manifest, weights, etc. Training will be provided during the 1st quarter of the contract. Date will be announced by the COR. Training at the Medical Center location will require multiple sessions (up to four on the same day or alternate days to accommodate all employees) to ensure all three (1st, 2nd, 3rd) shifts are accurately trained.

6.2 The vendor will comply with the EPA and appropriate state regulations on workers' safety standards and related training. Vendor's personnel involved in the performance of this contract shall have received training regarding the handling of infectious materials, and emergency procedures to be followed in case of a spill.

7. FEDERAL HOLIDAYS:

VA observed Federal Holidays are:

New Year's Day Martin Luther King Jr.'s Holiday Presidents Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

8. SERVICE HOURS:

The Vendor's services will take place during regular business hours, which are from 6:00 a.m. to 6:30 p.m., as determined by the needs for operation of the facilities or the CO/ COR. Should the day for pickup fall on a holiday, pick-up is to take place on the next regularly scheduled workday.

Example: If the holiday falls on a Monday, then pick-up will take place on Tuesday (after the Holiday).

9. DRIVERS:

The VA reserves the right to inspect the drivers' licenses and driving records and other qualifications of employees as to capabilities of performing the duties necessary to assure acceptable standards of performance subsequent to award of contract. A copy of driver license and insurance shall be provided to the CO/COR to maintain on record at the Malcom Randall VA, Gainesville, Florida.

10. SCHEDULE OF SERVICES:

Location Size Qty Frequency Est. Total

Pounds/Month Malcom Randall VAMC 1601 SW Archer Rd Gainesville, FL 32608

38 cubic yards

Chemo Trace Boxes

Pull Tues, Thurs & Sat

Incinerate Tues & Fri

27800

Dermatology Clinic:

5571 SW 64th St.

Gainesville, FL 32608

22-gallon tote 1 case of Bio-hazard bags 30-gal boxes

3 Once a week 285

Pain Clinic:

3401 NW 98 St.

Gainesville FL 32606

22-gallon tote 1 case of Bio-hazard bags 3 - 36 gal containers

1 Once a week 30

Jacksonville VA University:

Memorial Health Care Plaza 3901 University Blvd Jacksonville, FL 32216 Buildings 100 & 200

96-gallon tote / 2 per site

1 Case of Bio- hazard bags 6 Once a month 125

Jacksonville OPC:

1536 North Jefferson St.

Jacksonville, FL 32209

Multiple sizes and quantities Est. 30 Twice a week – Tues & Fri 2650

Jacksonville VA South Point 6900 Southpoint Drive North Jacksonville, FL 32216

96-gallon container

3 – 28-gallon containers

Once a month 175

Lake City VAMC 619 S. Marion Ave Lake City, FL 32025-5808

38 cubic yards

Chemo Pill Wrappers

Once a week- Friday

Incinerate -4th Thurs

Lake City Commerce Clinic 484 SW Commerce Drive Lake City, FL 32025

96-gallon containers 2 Once a month 75

Marianna CBOC 4970 Highway 90 Marianna, FL 32446

22-gallon tote

1 case of Bio-hazard bags

3 Once a week 40

Middleburg VA Clinic 400 College Drive, Suite 200 Middleburg, FL 32068

TBD – New Location Schedule to open August 2020

Once a week 1300

Ocala CBOC:

1515 E. Silver Springs Blvd.

Ocala FL 34470 Suites 225, 226, 113-115 (2) per site.

22-gallon tote 1 Case of Bio- hazard bags

22 - 36 gal boxes

6 Once a week 500

Palatka CBOC:

400 North State Road 19, Suite 48 Palatka, FL 32177

22-gallon tote 1 Case of Bio- hazard bags 30-gal boxes

Once a week 250

Perry CBOC 1224 North Peacock Ave.

Perry, FL 32347

TBD TBD Once a month 50

St. Augustine CBOC 195 Southpark Blvd St. Augustine, FL 32086

96-gallon containers 2 Once a week 475

St. Marys CBOC 2603 Osborne Rd Suite E St. Marys, FL 31558

96-gallon container 1 Once a month 50

Tallahassee HCC:

2181 Orange Avenue East.

Tallahassee, FL 32301

96-gallon container

3 Cases of Bio-hazard bags

1 Once a week 1235

Valdosta VA Clinic 348B Enterprise Drive Valdosta, GA 31601

96-gallon containers 2 Once a month 210

The Villages CBOC:

8900 SE 165th Mulberry Ln.

The Villages, FL 32162

22-gallon tote 1 case of Bio-hazard bags 8 - 96 gal containers

Once a week 1300

Waycross CBOC 515 South City Blvd.

Waycross, GA 31501.

96-gallon containers 2 Once a month 100

11. EVIDENCE OF INSURANCE COVERAGE:

Before award of a contract, the vendor will furnish to the Contracting Officer, a Certificate of Insurance which will contain an endorsement to the effect that cancellation of, or any material change in, the policies which adversely affect the interests of the Government in such insurance shall not be effective unless a 30 day written notice of cancellation or change is furnished to the Contracting Officer.

12. INVOICE/PAYMENT:

All bills for services incurred under this contract shall be sent to Accounts Payable, Environmental Management Service (137), and VA Medical center, located at 1601 SW Archer Rd., Gainesville, Florida, 32608. All invoices shall identify the proper contract number with the appropriate purchase order, total weights, tons, invoice numbers, and location assigned for each fiscal year and the tax 'identification number. Failure to do so could result in a delay of payment.

All invoices will be submitted through the OB-10/Tungsten system and payment transaction through IPPS (invoice payment processing system) according to the prompt payment act.

13. DESIGNATION OF CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COR)

A Contracting Officer Representative (COR) of the Contracting Officer (COR) will be designated to represent the Contracting Officer in furnishing technical guidance and advice under this contract. The foregoing is not to be construed as authorization to interpret or furnish advice and information to Contractor relative to the financial or legal aspects of the contract. Those matters are the responsibility of the Contracting Officer and shall not be delegated.

SECTION C - CONTRACT CLAUSES

C.1 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:

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/

FAR Number Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER

CONTENT PAPER

MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION JAN 1997

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS

DEC 2013

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND

VEGETATION

APR 1984

52.237-3 CONTINUITY OF SERVICES JAN 1991

(End of Clause)

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 30 days.

NOTE: The specified rates under this clause will be those rates in effect pursuant to the CLINs under which the contractor is currently providing services.

(End of Clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

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)

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.

[X] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

NOTE: This clause applies only if this contract is awarded to a non SDVOSB or VOSB concern.

[X] 852.215–71, Evaluation Factor Commitments.

NOTE: This clause applies only if this contract is awarded to a non SDVOSB or VOSB concern.

[] 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.

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

NOTE: This clause applies only if this contract is awarded to other than small business concerns per FAR 19.702(b).

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

NOTE: This clause applies only if this contract is awarded to an SDVOSB concern.

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

NOTE: This clause applies only if this contract is awarded to a VOSB concern.

[] 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.

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

[X] 852.233–71, Alternate Protest Procedure.

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

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

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

[X] 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)

VAAR 852.219-71 VA MENTOR-PROTÉGÉ PROGRAM (DEC 2009)

NOTE: This clause applies only if this contract is awarded to other than small business concerns per FAR 19.702(b).

(a) Large businesses are encouraged to participate in the VA Mentor-Protégé Program for the purpose of providing developmental assistance to eligible service-disabled veteran-owned small businesses and veteran-owned small businesses to enhance the small businesses' capabilities and increase their participation as VA prime contractors and as subcontractors.

(b) The program consists of:

(1) Mentor firms, which are contractors capable of providing developmental assistance;

(2) Protégé firms, which are service-disabled veteran-owned small business concerns or veteran-owned small business concerns; and

(3) Mentor-Protégé Agreements approved by the VA Office of Small and Disadvantaged Business Utilization.

(c) Mentor participation in the program means providing business developmental assistance to aid protégés in developing the requisite expertise to effectively compete for and successfully perform VA prime contracts and subcontracts.

(d) Large business prime contractors serving as mentors in the VA Mentor-Protégé Program are eligible for an incentive for subcontracting plan credit. VA will recognize the costs incurred by a mentor firm in providing assistance to a protégé firm and apply those costs for purposes of determining whether the mentor firm attains its subcontracting plan participation goals under a VA contract. The amount of credit given to a mentor firm for these protégé developmental assistance costs shall be calculated on a dollar-for-dollar basis and reported by the large business prime contractor via the Electronic Subcontracting Reporting System (eSRS).

(e) Contractors interested in participating in the program are encouraged to contact the VA Office of Small and Disadvantaged Business Utilization for more information.

(End of Clause)

VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

(a) This solicitation includes the following set-aside clauses:

i) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) – This clause applies only if this contract is awarded to an unrestricted concern.

ii) 52.219-6 Notice of Total Small Business Set-Aside (Nov 2011) – This clause applies only if this contract is awarded to a Small Business concern.

iii) 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (Jul 2016) – This clause applies only if this contract is awarded to an SDVOSB concern.

iv) 852.219-11 VA Notice of Total Veteran-Owned Small Business Set-Aside (Jul 2016) – This clause applies only if this contract is awarded to a VOSB concern.

(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)

VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND

COMPLIANCE (JUL 2018)

NOTE: This clause applies only if this contract is awarded to a non SDVOSB or VOSB concern.

(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.

(b) The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract 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 compliance with the subcontracting commitments.

(End of Clause)

VAAR 852.219-76 SUBCONTRACTING PLANS MONITORING AND COMPLIANCE

(JUL 2018)

NOTE: This clause applies only if this contract is awarded to other than small business concerns per FAR 19.702(b).

(a) This solicitation includes FAR 52.219-9, Small Business Subcontracting Plan, and VAAR 852.219-9, VA Small Business Subcontracting Plan Minimum Requirement.

(b) Accordingly, any contract resulting from this solicitation will include these clauses, unless the contract is awarded to a small business concern. The Contractor is advised in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing the Contractor's compliance with the plan, including reviewing the Contractor's accomplishments in achieving the subcontracting goals in the plan. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data 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 compliance with the subcontracting plan.

(End of Clause)

(End of Addendum to 52.212-4)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2020)

(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:

[X] (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] [X] (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).

[X] (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.

[X] (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).

NOTE: This clause applies only if this contract is awarded to an unrestricted concern.

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

[] (13) [Reserved] [X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

NOTE: This clause applies only if this contract is awarded to a Small Business concern.

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

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

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

[X] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[X] (17)(i) 52.219–9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

NOTE: This clause applies only if this contract is awarded to other than small business concerns per FAR 19.702(b).

[] (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.

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

NOTE: This clause applies only if this contract is awarded to a Small Business concern.

[] (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 (MAY 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 (JAN 2020) (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.

[X] (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.

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

[X] (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).

[X] (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.

[] (48) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, 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 I (MAY 2014) of 52.225-3.

[] (iii) Alternate II (MAY 2014) of 52.225-3.

[] (iv) Alternate III (MAY 2014) of 52.225-3.

[] (50) 52.225–5, Trade Agreements (OCT 2019) (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).

[X] (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).

[X] (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).

[X] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

NOTE: This clause applies only if this contract is awarded to an unrestricted concern.

[] (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:

[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 WG-6913 See https://www.opm.gov/

[X] (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 Under Executive Order 13658 (DEC 2015).

[X] (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…