36C25018Q0762-002.pdf

PAGE 1 OF 1. REQUISITION NO.

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

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

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

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

SEE ADDENDUM

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

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

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

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

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

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

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 45

655-18-3-6111-0114

36C25018Q0762

6. SOLICITATION ISSUE DATE

8-15-2018

Christopher Gundy 734-222-7168 08-29-2018

12:00 PM EST

36C250 Department of Veterans Affairs Veterans Health Administration Network Contracting Office 10 2215 Fuller Road Ann Arbor MI 48105

X 100

X

562112

$38.5 Million

X

N/A

X

Department of Veterans Affair VA Ann Arbor Healthcare System

2215 Fuller Road Ann Arbor MI 48105

Y

Department of Veterans Affair Veterans Health Administration Network Contracting Office 10 2215 Fuller Road

Department of Veterans Affairs Financial Management System PO Box 149971 Austin TX 78714-9971

877-353-9791 512-460-5540

See CONTINUATION Page

Provide all labor, supplies, and materials to remove and dispose of general and cytotoxic infectious waste for the Aleda E Lutz VA Medical Center, Saginaw, MI and its supported clinics in accordance with the Statement of work.

The supported clinics are listed in the Statement of Work.

See section D attachments for various wage determinations by county.

See page 25 for proposal submission instructions.

Questions concerning this solicitation must be submitted by email to the contracting officer, christopher.gundy@va.gov.

Subject line must read "Technical question - Saginaw Infectious Waste Disposal". Questions must be received by the Contracting Officer no later than 12:00 PM EST August 20, 2018.

See CONTINUATION Page

X X

X One

Christopher D. Gundy Contracting Officer

36C25018Q0762

Table of Contents

SECTION A

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

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN

2011)

B.3 STATEMENT OF WORK

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

C.1 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.3 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.4 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.5 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED

SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2012)

C.7 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 INSTRUCTIONS FOR PROPOSAL SUBMISSION

E.2 52.216-1 TYPE OF CONTRACT (APR 1984)

E.3 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.4 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(JAN 2008)

E.5 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998)

E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.7 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (NOV 2017)

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: Company Name:____________________________________

Address:___________________________________________

City/State/Zip:_______________________________________

Point of contact/Position:_______________________________

POC Phone:_________________________________________

Email:______________________________________________

DUNS NO.:__________________________________________

Tax ID NO.:__________________________________________

b. GOVERNMENT: Contracting Officer 36C250 Christopher Gundy Department of Veterans Affairs Veterans Health Administration Network Contracting Office 10 2215 Fuller Road

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or [] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

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

OB10 or current Electronic Invoice System: http://ob10.com/us/en/veterans-affairs-us/ OB10 e-Invoice Setup Information: 877-489-6135 OB10 e-Invoice Email: va.registration@ob10.com

FSC e-Invoice Contact Information: 877-353-9791 FSC e-Invoice Email: vafsccshd@va.gov FSC e-Invoice Site: http://www.fsc.va.gov/einvoice.asp

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

AMENDMENT NO DATE

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE

(JUN 2011)

This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO 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.

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 CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. 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 CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

http://www.fsc.va.gov/einvoice.asp

B.3 STATEMENT OF WORK

INFECTIOUS WASTE DISPOSAL/SHARPS RECYCLING SERVICES-SAGINAW VAMC

The following performance work statements apply to both Infectious Waste Disposal and Sharps Recycling Services Department of Transportation Requirements: Transportation shall be in accordance with DOT HM-

181. The Contractor shall also comply with state and local requirements, including obtaining all necessary permits, licenses and approvals.

Federal Holidays: The ten (10) holidays observed by the Federal Government are: New Year’s Day, Martin Luther King Jr.’s Birthday, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day. Also, any other day specifically declared by the President of the United States to be a national holiday.

Manifesting: A waste manifest is required for the removal from the Government premises of all waste in this contract. Prospective contractors should provide a copy of their standard Sharps/Regulated Medical Waste Manifest for review by the Dept. of VA Contracting Officer to ensure compliance with State and Federal requirements. Reporting requirements should be In Accordance With (IAW) MDEQ-OWMRP- SWS_MEDICAL_WASTE_MGT_PLAN_428276_7 (attached file). The Contractor shall obtain and prepare all manifests. The pick-up manifests must be reviewed and signed by the appropriate VA Government official.

Complete copies of all manifests shall be furnished to the COR. Manifests shall be submitted in such a manner as to comply with the timelines prescribed by the state and EPA regulations. Manifest must contain company information, to include name, telephone number, address, of Generator, primary transporter, secondary transporter, and treatment facility. Manifest must also include printed names of each company representative, signature, date, Department of Environmental Quality registration/permit number, number of containers collected, total weight of containers collected, and total waste and weight deposited/unloaded at the treatment facility.

Permits and Responsibilities: The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State, and Municipal laws, codes and regulations in conjunction with the work, this includes acquiring any installation listed in this contract. Contractor shall be summarily responsible for all damages to persons or property. Contractor shall take proper safety and health precautions to protect the work, the workers, the public and the property of others. The Contractor shall be responsible for all materials delivered and work performed until completion and acceptance of the entire work.

Place of Performance: The following locations will be serviced under this contract:

• Saginaw VA Medical Center, 1500 Weiss St., Saginaw, MI 48602

• Saginaw Health Care Annex, 4241 Barnard Rd., Saginaw, MI 48603

• Community Base Outpatient Clinic (CBOC), Alpena, 180 North State Ave., Alpena, MI 49707

• Community Based Outpatient Clinic, Bad Axe, 1142 S. Van Dyke RD, Suite 100, Bad Axe, MI 48413

• Community Based Outpatient Clinic, Cadillac, 1909 North Mitchell St., Cadillac, MI 49601

• Community Based Outpatient Clinic Cheboygan County, 14540 Mackinaw Hwy., Mackinaw City, MI 49701

• Community Based Outpatient Clinic, Clare, 11775 N Isabella Rd., Clare, MI 48617

• Community Based Outpatient Clinic, Gaylord, 806 South Otsego Blvd., Gaylord, MI 49735

• Community Based Outpatient Clinic, Grayling, 1680 Hartwick Pines Rd., Grayling, MI 49738

• Community Based Outpatient Clinic, Oscoda, 5671 Skeel Avenue, Ste. 4, Oscoda, MI 48750

• Community Based Outpatient Clinic, Traverse City, 3271 Racquet Club Dr., Traverse City, MI 49684

• Grand Traverse Community Based Outpatient Clinic, 880 Munson Ave., Traverse City, MI 49686

Safety Requirements: Contractor personnel and equipment shall comply with all applicable state, federal and local regulations. The Contractor agrees that his personnel and equipment are subject to safety inspections by Government personnel while on Federal property. The Contractor shall ensure that all personnel involved in the handling, repackaging, and transportation of the items listed herein shall be trained in the areas of spills, and general first aid procedures.

Segregation of Infectious Wastes: All items collected on this contract must be segregated and kept physically separate from any other items until the disposal site is reached. The items must be marked, so that they are readily identified as infectious waste throughout this period. In addition, the Contractor must ensure that there is a clear documented chain of custody for all items until disposal is accomplished.

Spill Reporting Requirements: The Contractor is responsible for reporting to the COR all spills, regardless of quantity, and all personnel exposures. Such reports shall first be reported by telephone immediately following the incident and shall be followed up in writing no later than seven (7) days after the initial report. When reporting a spill, the following information shall be furnished: (1) quantity spilled; (2) exact location of spill; (3) containment procedures initiated; (4) clean-up and disposal procedures; (5) personal injury involved; (6) assistance required;

and (7) a narrative summarizing all on-scene visits made by local, state or federal officials.

Spill Responsibility: The Contractor is solely responsible for any and all spills or leaks during the performance of the contract. The Contractor agrees to clean up such spills or leaks to the satisfaction of the Government in a manner which satisfies the applicable state, federal and local laws and regulations, at no cost to the Government.

The Joint Commission (TJC) Guidelines: Where the contract does not require TJC accreditation or other regulatory requirements regarding worker competency, the Contractor must perform the required work in accordance with TJC standards. All contract employees working under this contract must be fully trained and competent to perform the job correctly and skillfully; with knowledge and skills required to successfully perform the work required.

SHARPS RECYCLING SERVICES

Description/Specification / Work Statement

General: The Contractor shall provide all labor/personnel, waste processing, equipment, supplies, packaging, storage, manifests, and transportation services necessary for the distribution, loading dock pickup, disposal of the waste, sterilization and replacement of sharps containers. This shall be done in accordance with all local, state and federal regulations, specifically Chapter 333-MI Public Health Code Part 138; OAC Chapter 3745-27; and all terms and conditions of this contract. All contents of the sharps containers are being discarded by the Government and are considered to be infectious waste. All sharps containers shall be of a vertical drop type and utilize existing Stericycle mounting brackets models C-02RES 0203, C04RES-04, and C-08-2004LR.

Current inventory of sharps containers is as follows with numbers by location:

2 GAL: 440

1. Saginaw VA Medical Center: 249

2. Saginaw Healthcare Annex: 12

3. Alpena CBOC: 19

4. Bad Axe CBOC: 27

5. Cadillac CBOC: 26

6. Cheboygan CBOC: 19

7. Clare CBOC: 20

8. Gaylord CBOC: 17

9. Grayling CBOC: 12

10. Oscoda CBOC: 16

11. Traverse City CBOC: 22

12. Grand Traverse CBOC: 3

4 GAL all located at the Saginaw VA Medical Center: 48

8 GAL (with trap lid): 36

1. Saginaw VA Medical Center: 19

2. Saginaw Healthcare Annex: 1

3. Alpena CBOC: 1

4. Bad Axe CBOC: 2

5. Cadillac CBOC: 1

6. Cheboygan CBOC: 2

7. Clare CBOC: 2

8. Gaylord CBOC: 1

9. Grayling CBOC: 3

10. Oscoda CBOC: 1

11. Traverse City CBOC: 1

12. Grand Traverse CBOC: 2

Subtotal (All sizes): 524

Replacement containers (equal to the quantity picked up for disposal/recycling) shall be furnished at no cost to the government. Pickup at the VAMC Saginaw, MI facility shall be weekly. Pickup at the Community Based Outpatient Clinics shall be bi-weekly (once every two weeks) or monthly, as determined by the Contracting Officers Representative (COR). If additional sharps are required for new VA Medical Clinics, vendor shall provide sharps containers at the unit price as charged in vendor’s response to the solicitation.

The contractor must provide to the Government twelve (12) additional locking wall brackets for wall mounted sharps containers for extra inventory use to replace broken or to install for new location. The brackets shall only be billed as a onetime purchase for the initial twelve or for individual bracket provided to maintain the stock at twelve (12). Appropriate monthly charges must reflect actual costs for processing and disposal of regulated medical waste and sharps and recycling of sharps containers returned into service.

Recycled sharps containers shall be sterilized by autoclave methods.

Other Reports: For each pickup of sharps and medical waste, a signed manifest listing the quantity of containers by size and purpose (sharps, biohazard, cytotoxic) shall be completed by the Contractor and furnished to the COR. All waste pickup shall be listed and include the method of disposal. A monthly statement, quantifying the number of sharps containers, regulated medical waste and cytotoxic materials containers and itemized weight of contents shall be furnished to the VAMC Saginaw Industrial Hygienist (FMS). VA staff at the Saginaw VAMC are responsible for gathering and consolidating storage of used sharps containers, regulated medical waste (RMW) and Cytotoxic containers and placed at the HazMat Storage shed, Bldg. 1 loading dock. Vendor shall load used sharps, RMW & Cytotoxic for transport to vendor’s processing depot and leave Clean sharps/RMW/Cytotoxic containers at Loading Dock. COR shall contact VA Housekeeping staff for storage of clean product. Federal and State Regulations for Disposal process standards:

a. For the purpose of this contract, disposal can mean shredding, incineration, autoclave processing of infectious waste, IAW MDEQ Sections 13813(1) and 13817 of the Medical Waste Regulatory Act (MWRA), Part 138 of the Public Health Code, 1978 PA 368, as amended.

b. Mere acceptance of the waste at a properly permitted treatment, storage, or disposal facility (TSDF) does not meet the definition of disposal under this contract. Documentation must be provided to prove that the disposal of all items (as defined in Other Reports above) has been accomplished.

c. Infectious waste is defined as waste that includes, but is not limited to, cultures and stocks of infectious agents, pathological wastes, waste human blood and blood products, sharps used in patient and animal care, laboratory wastes and dialysis waste.

d. Cytotoxic waste is defined as wastes that are generated from protean sources such as manufacturing waste, home care waste, contaminated materials from drug preparation and administration (expired medicines, left-over drugs, returned drugs, syringes, needles, gauzes, vials, packaging; samples such as urine, feces, and vomit from patients), containing hazardous amounts of the cytotoxic drugs and their metabolites which are genotoxic for 48 h to 1 week after drug administration.

INFECTIOUS WASTE DISPOSAL DESCRIPTION/SPECIFICATION/WORK STATEMENT

General: The Contractor shall provide all labor/personnel, waste processing, equipment, supplies, packaging, manifests, and transportation services necessary for the disposal of the waste in accordance with all local, state, and federal regulations, specifically Chapter 333 – MI public Health Code Part 138 and all terms and conditions of this contract. All red-bagged items, regardless of their condition, are being discarded by the Government and are considered to be infectious waste. Pickup at the Saginaw VAMC and CBOCs shall be weekly or as determined by the Contracting Officer Representative (COR).

Estimated Annual Quantities:

a. Regulated Medical and Infectious Waste 7,500 lbs. Red containers (28 Gallon) kept onsite at each facility is below.

1. Saginaw VA Medical Center: 30

2. Saginaw Healthcare Annex: 2

3. Alpena CBOC: 2

4. Bad Axe CBOC: 2

5. Cadillac CBOC: 2

6. Cheboygan CBOC: 2

7. Clare CBOC: 2

8. Gaylord CBOC: 2

9. Grayling CBOC: 2

10. Oscoda CBOC: 2

11. Traverse City CBOC: 22

12. Grand Traverse CBOC: 2

b. Cytotoxic Waste: 52 BX/ (Current Cytotoxic Box volume is 16 gallons.) 6 boxes/containers are kept onsite at all time.

Reports:

a. A signed manifest shall be completed by the Contractor and furnished to the COR. All waste pickup shall be listed.

b. The Contractor shall prepare a Certificate of destruction completed at the Regulated Medical Waste Depot/place of incineration/disposal, and must include company name, quantity of waste to be destroyed, date, and signature verifying disposal. This certificate is to be submitted with the monthly Sharps and Regulated Medical Waste report and invoices. Any differences between the manifest and what was incinerated/autoclaved/disposed must be thoroughly described and documented. Attachments to the Certificate of Destruction can be used, if necessary.

Cytotoxic Waste Containers: Disposal containers (approx. 16- 25 gal.) shall be provided by the Contractor.

These containers must be puncture resistant. They will be used exclusively for sharps boxes, gowns, gloves, etc., contaminated with cytotoxic waste. Bags of cytotoxic waste will be sealed by VA personnel before being collected and disposed of. The containers shall be clearly marked with labels, which state “CHEMOTHERAPY WASTE” and possess a biohazard symbol. This waste will include contaminated RCRA listed cytotoxic items (<3% of the original volume container wise) as well.

Here is the EPA's online resource page for Regulated Medical Waste.

https://yosemite.epa.gov/osw/rcra.nsf/topics!OpenView&Start=1&Count=1000&Expand=63#63

The State of Michigan (MDEQ) website is:

http://www.michigan.gov/deq/0,4561,7-135-3312_4123_4119---,00.html https://yosemite.epa.gov/osw/rcra.nsf/topics!OpenView&Start=1&Count=1000&Expand=63#63 http://www.michigan.gov/deq/0,4561,7-135-3312_4123_4119---,00.html

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

12.00

MO

Provide all labor supplies and materials to pick up & dispose of Regulated

Medical Waste & Recyclable Sharps at the Aleda E Lutz VAMC Saginaw, 1500 Weiss St., Saginaw, MI and the supported clinics listed in the Statement of Work.

Contract Period: Base POP Begin: 09-16-2018 POP End: 09-15-2019

52.00

BX

Provide all labor supplies and materials to pick up & dispose of Bio-

Medical waste, to include Chemo waste (yellow containers).

Contract Period: Base POP Begin: 09-16-2018 POP End: 09-15-2019

Medical Waste & Recyclable Sharps at the Aleda E Lutz VAMC Saginaw, 1500 Weiss St., Saginaw, MI and the supported clinics listed in the Statement of Work.

Contract Period: Option 1 POP Begin: 09-16-2019 POP End: 09-15-2020

Medical waste, to include Chemo waste (yellow containers).

Contract Period: Option 1 POP Begin: 09-16-2019 POP End: 09-15-2020

Medical Waste & Recyclable Sharps at the Aleda E Lutz VAMC Saginaw, 1500 Weiss St., Saginaw, MI and the supported clinics listed in the Statement of Work.

Contract Period: Option 2 POP Begin: 09-16-2020 POP End: 09-15-2021

Medical waste, to include Chemo waste (yellow containers).

Contract Period: Option 2 POP Begin: 09-16-2020 POP End: 09-15-2021

Medical Waste & Recyclable Sharps at the Aleda E Lutz VAMC Saginaw, 1500 Weiss St., Saginaw, MI and the supported clinics listed in the Statement of Work.

Contract Period: Option 3 POP Begin: 09-16-2021 POP End: 09-15-2022

Medical waste, to include Chemo waste (yellow containers).

Contract Period: Option 3 POP Begin: 09-16-2021 POP End: 09-15-2022

Medical Waste & Recyclable Sharps at the Aleda E Lutz VAMC Saginaw, 1500 Weiss St., Saginaw, MI and the supported clinics listed in the Statement of Work.

Contract Period: Option 4 POP Begin: 09-16-2022 POP End: 09-15-2023

Medical waste, to include Chemo waste (yellow containers).

Contract Period: Option 4 POP Begin: 09-16-2022 POP End: 09-15-2023

GRAND TOTAL

SECTION C - CONTRACT CLAUSES

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

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

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

C.1 52.217-8 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 of contract expiration.

(End of Clause)

C.2 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 of contract expiration; 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)

C.3 SUPPLEMENTAL INSURANCE REQUIREMENTS

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

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

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

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

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

(End of Clause)

C.4 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

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

(End of Clause)

C.5 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED

VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service-disabled veteran-owned small business concern or SDVSOB”:

(1) Means a small business concern:

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans or eligible surviving spouses (see VAAR 802.201 Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans (or eligible surviving spouses) or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR 74 and is so listed in the Vendor Information Pages database, (https://www.vip.vetbiz.gov); and

(v) The business will comply with subcontracting limitations in 13 CFR 125.6, as applicable

(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(b) General.

(1) Offers are solicited only from verified service-disabled veteran-owned small business concerns.

Offers received from concerns that are not verified service-disabled veteran-owned small business concerns shall not be considered.

https://www.vip.vetbiz.gov/

(2) Any award resulting from this solicitation shall be made to a verified service-disabled veteran-owned small business concern.

(c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, the concern will comply with the limitation on subcontracting requirements in 13 CFR §125.6.

(d) A joint venture may be considered a service-disabled veteran owned small business concern if the joint venture complies with the requirements in 13 CFR 125.15, provided that any reference therein to SDVO SBC is to be construed to apply to a VA verified SDVOSB as appropriate.

(e) Any service-disabled veteran-owned small business concern (non-manufacturer) must meet the requirements in FAR 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.

(End of Clause)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2012)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001.

(2) Designated agency office has the meaning given in 5 CFR 1315.2(m).

(3) Electronic form means an automated system transmitting information electronically according to the

Accepted electronic data transmission methods and formats identified in paragraph (c) of this clause.

Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.

(4) Invoice payment has the meaning given in FAR 32.001.

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System. (See Web site at http://www.fsc.va.gov/einvoice.asp.)

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

The X12 EDI Web site (http://www.x12.org) includes additional information on EDI 810 and 811 formats.

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for:

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.7 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Michigan. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.

(End of Clause)

C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Clause)

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

APR 2014

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

JUL 2016

52.228-5 INSURANCE—WORK ON A GOVERNMENT

INSTALLATION

JAN 1997

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

(End of Addendum to 52.212-4)

C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(JAN 2018)

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

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

(4) 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 (Sept 2006), 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 (OCT 2015) (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 (OCT 2016) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved]

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

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

[] (10) [Reserved]

[] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C.

657a).

[] (ii) Alternate I (NOV 2011) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (JAN 2011) of 52.219-4.

[] (13) [Reserved]

[] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-7.

[] (iii) Alternate II (Mar 2004) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (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 (NOV 2016) of 52.219-9.

[] (v) Alternate IV (NOV 2016) of 52.219-9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)).

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (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 (DEC 2015) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (26) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2018) (E.O.

13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (28) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[X] (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

[X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[X] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

[X] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (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] (34) 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.)

[] (35)(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.)

[] (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (38)(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.

[] (39)(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.

[] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).

[] (41)(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] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

[] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

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

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

[] (46) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (47)(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.

[] (48) 52.225–5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (49) 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).

[] (50) 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).

[] (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

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

[] (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[] (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

[] (60)(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.

(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) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

[X] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

[X] (3) 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 99730 $19.52 + $4.48

[X] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (5) 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).

[] (6) 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).

[] (7) 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] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

[X] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

[] (11) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

(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, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

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

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

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

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

(iii) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

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

(vii) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

(xii)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O.

13627).

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

(xiii) 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).

(xiv)…