36C25521P0590 FE.pdf

36C25521P0590

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

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ACCOUNTING AND APPROPRIATION DATA

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

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

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 13

C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 15

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

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

(DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION

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

a. CONTRACTOR:

Offeror DUNS #: 932546492

Company Name and Address:

Mobile Medical International Solution (MMIC) 2176 Portland St, PO Box 672 St. Johnsbury, VY 05819

Point of Contact: Ronda Knowlton

Phone Number: 802-748-23220 x120

Email Address: rknowlton@mmicmedical.com

b. GOVERNMENT: Contracting Officer 36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Leavenworth, KS 66048

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with 52.232-33, Payment by Electronic Funds Transfer—System For Award Management.

3. INVOICES: Invoices shall be submitted in arrears UPON ACCEPTANCE OF ALL ITEMS

RECEIVED

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

B.2 STATEMENT OF WORK

1. SCOPE OF WORK

The contractor shall provide all services, labor, travel, transportation, material, shipping, parts, connections, and equipment necessary for provision and on-site installation of equipment to lease a portable Mobile Sterile Processing System (MSPS) for the mobile sterile processing units located at 4801 Linwood Blvd, Kansas City MO 64128. The Sterile Processing Service (SPS) are needed to support medical procedures and surgeries in the OR, CATH Lab and GU Surgical suites.

The contractor shall also provide training to clinical staff prior to equipment use. This training shall capture all tours of duty for the sterile processing department. The contractor is responsible for removing and disposing of all debris and packing material left from the decommissioning of the trailer.

The contract includes a Mobile Sterile Processing System that includes a sterile mobile area and a decontamination area, one Mobile Water Solutions Trailer, and manufacturer’s support maintenance of the equipment during the lease, with commissioning and decommissioning of the MSPS per schedule below:

2. SPECIFICATIONS

A Portable Medical Specialty Vehicle shall have minimum dimensions of 23’ x 56’ with dual slide-outs.

o MSPS shall maintain a sterile environment

Portable Medical Specialty Vehicle shall include power, pressurized air, data, intercom, fire sprinkler, hot/cold water, steam, and wastewater connection points.

o Air compressor shall be sized to accommodate ancillary operational equipment.

Cold weather package.

Portable Medical Specialty Vehicle shall have a minimum of two entrances/exits.

o One entrance/exit shall be designated for soiled transport of sterile processed medical equipment.

o One entrance/exit shall be designated for clean transport of sterile processed medical equipment.

Shall provide connections to fire sprinkler system o Provide all life safety and fire suppression systems required by the 2019 edition of NFPA 72, National Fire Alarm and Signaling Code and NFPA 13 Standard for the installation of Sprinkler Systems, 2019 edition safety code.

o Fire alarm testing required by NFPA 72 is the responsibility of the Lessor.

Complete testing will be done in accordance with the required frequencies of NFPA 72. Copies of all test reports will be sent to the VA.

Shall provide connections to an emergency intercom system.

o The MSPS shall be tied into the fire alarm system to receive all emergency messages, to include fire and weather announcements.

Shall provide enclosed entrance/exit. Ramp protected from the outside environment, weight limit no less than 300lbs.

Equipment rental provisions shall include:

o Large capacity Ultrasonic Cleaner - quantity 1 Processing eye instruments Capable to process DaVinci robotic arms.

o Large capacity Washer/Disinfector - quantity 2 Shall hold approximately 12 trays per or more per load o Large capacity Steam Sterilizers - quantity 2 Shall integrate with Censitrac Shall hold approximately 8 trays per or more per load o Workstations with integral three bay stainless steel sink with critical water and automated dosing – quantity 1 o Pass Through Window - quantity 1 o 100 NX All Clear (H2O2) plasma sterilizers - quantity 1 o Tyvek heat sealer – quantity 1 o Heat sealer for steam – quantity 1 o Preparation and Packaging assembly stations with magnifying light – quantity 3 o Shelving for storage of supplies – quantity 3 o Sterile Room for instrument cool down.

Shall provide separate heating, ventilation, and air conditioning for the MSPS.

Mobile Water Solutions Trailer Rental for the provision of hot water to pre-heat water entering sterilizers and/or to provide water conditioning and DI water (to include delivery and pickup of Mobile Water Solutions Trailer).

o Provide deionized water solution unit at 40-60 psi at 120-140°F Quarterly preventive maintenance for the MSPS (including booster pumps) and Mobile

Water Solutions Trailer provided at no additional charge.

Water Booster Pumps will be required to ensure that 70 psi dynamic water pressure is maintained ensuring optimal operation of the sterilizers.

DI (Deionized)Water and Conditioned Water Systems. Vendor will manage scheduling of exchange tanks, filter changes and any other maintenance of the DI and Conditioned Water Systems. (Includes Installation, and De-installation at project conclusion). The Cost of all consumable items associated with the DI and Water Conditioning Systems, including but not limited to tank exchanges, filters (and disinfection following filter changes), water testing, etc., during the Deployment are the responsibility of the Customer.

An Acid Injection System for pH control of the Utility Hot Water and Utility Cold Water supplied by the facility. Both systems will have a backflow preventer installed upstream of the acid injection system.

The vendor shall be responsible for the requirements:

Contractor shall provide Test and Balance verification to ensure appropriate air pressure relationships between sterile and non-sterile areas of the mobile sterilization trailer.

Verification of temperature and humidity ranges: Temperature: min 66°F- max 72°F.

Humidity min 20% RH max 55% RH.

Testing and verification of the RO water system to ensure it meets AAMI guidelines for sterile processing equipment.

Pressure relations to alternate space:

Temperature and Humidity in the Decontamination Area: min 66°F- max 72°F. Humidity min 20% RH max 55% RH. Minimum ACH 10. Pressure negative to all adjacent spaces.

Temperature and humidity in the Sterile processing preparation and assembly:

Temperature min 66°F- max 72°F. Humidity min 20% RH max 60% RH. Minimum ACH 10. Pressure positive to all adjacent spaces.

Sterile Storage, Satellite Storage Area Air Flow positive air changes 10 temperature 66°F -75°F (set point 70F) Humidity 20%-55%

All start up consumables will be provided at the time of installation.

Shall meet or exceed the accrediting organizations listed below:

o Sterile Processing Services VHA Directive 1116(2) March 23, 2016 o Association for the Advancement of Medical Instrumentation (AAMI) https://www.aami.org/ o American Society of Healthcare Engineering (ASHRAE) with special emphasis on Standard 170.

https://www.techstreet.com/standards/ashrae-170-2017 o Startup water sampling, test, and sanitation of MPSP sterile processing water distribution system, per AMMI TIR 34.

http://www.aami.org/

3. REQUIREMENTS

It is the responsibility of the Contractor to conduct site visits, verify existing conditions, quantities of materials, installation instructions of materials to be used, and discrepancies or conflicting requirements in the Statement of Work before preparing the Final Proposal.

The contractor shall provide and decommission the mobile sterile processing unit at the end of service at VA Medical Center located at 4801 Linwood Kansas City, MO 64128.

The mobile unit is expected to remain onsite for facility use for 12 months.

The contractor shall ensure that all repairs, preventable, and remedial maintenance provided during the provision timeframe of this contract meet and or exceed the OEM’s specifications.

The contractor shall ensure that only FULLY QUALIFIED TECHNICIANS/ENGINEERS are employed in the performance of all work performed under this contract.

The contractor shall commission the unit upon delivery to the medical center.

o Commissioning includes but is not limited to:

Leveling of the mobile unit Expanding of the mobile unit Securing expendables of the mobile unit Sealing openings to maintain sterile environment Configuring interior spaces of the mobile unit Verifying connections to appropriate utilities Start up, calibration, and verification of functionality for equipment included in the unit Steam Sterilizers, Washer Disinfectors, Ultrasonic Cleaner and functional validation of remaining equipment.

Evaluation of water quality and provide recommendations of conditioning if necessary. (AMMI TIR34 requirements)

Supply a list of hazardous chemicals, with MSDS, to COR brought on VA property.

The contractor shall decommission the unit upon removal from the medical center.

o Decommissioning includes but is not limited to:

Deinstallation of both units, pickup and transportation off KCVA property Disconnecting from utilities Preparing interior for transport Securing equipment for transport Disconnection from access points (i.e. landings, stairs, etc.)

Retraction of the mobile unit Securing and engaging equipment to the transport vehicle Removing all hazardous materials and waste and disposing them in accordance with local, state, and federal regulations.

The contractor shall ensure that the highest standard of professional capability and workmanship is maintained throughout the life of this contract.

4. EQUIPMENT MAINTENANCE & RESPONSE TIMES

The vendor shall provide full-service maintenance support for all vendor-owned equipment installed on the mobile sterile processing system, and any support equipment not specifically owned or installed by the VAMC. The vendor shall provide the additional recurring maintenance activities:

1. All required system maintenance for equipment provided for sterilization processes.

2. Vendor will manage tank exchanges and system maintenance of the RO water system.

Exchange tanks are “consumables” and as such the cost for exchange tanks and the exchange service charges are the responsibility of the Customer.

3. Quarterly verification of all pressure relations, and minimum air flow requirements of mobile sterilization unit. Vendor will perform all required adjustments to ensure air flow, temperature and humidity ranges are maintained. Quarterly reports will be in writing and a copy will be provided to the COR for survey purposes.

4. Emergency response for equipment failure. The vendor shall respond to the facility for any equipment failure resulting in a total or partial loss of the equipment installed within or any portion of the mobile sterile processing system within 2 hours from the time of VAMC contact.

5. SAFETY

The contractor/vendor shall always, ensure that all work provided complies with all local, State, and Federal rules and regulations pertaining to workplace safety. The contractor shall take all proper safety and health precautions to protect the work, the workers, the public and the property (OSHA).

Installs and construction work will be in accordance with all applicable codes to include the most current codes National Fire Protection Association (NFPA), and the VA Design Guide Manuals that are applicable to the work. If the design guide is equivalent or more stringent then the mentioned codes, the VA Design Guide takes precedence.

FIRE EXTINGUISHERS: Portable fire extinguishers shall be provided, hung, inspected, and maintained monthly by the Lessor in accordance with NFPA 10, 2018 edition.

6. DOCUMENTATION

The contractor shall furnish to the KCVA Medical Center Biomedical Engineering department legible hard copies and electronic copies of service reports of the maintenance indicating details of the maintenance performed upon completion of all work.

7. PLACE OF PERFORMANCE

Kansas City Veteran Administration Medical Center, 4801 Linwood Blvd. Kansas City 64128

8. PERFORMANCE MONITORING

The contractor’s performance will be monitored by the Contracting Officer (CO), Contracting Officer Representative (COR), Infection Control Risk Assessment Office, and Safety Office during the rental agreement period.

Coordinate all administrative and construction requirements exclusively with or through assigned Contracting Officer Representative (COR).

The Construction Safety Officer, Construction Safety Committee, and COR will review the operations and site construction conditions of the project to confirm that all Safety regulations relating to construction and healthcare facilities are being adhered to. Daily and weekly safety rounds will be conducted. For non-compliance safety related issues, a safety report will be sent to the Contractor to correct within 14 days. Non-compliance may result in job-site suspense until compliance is met at the contractor’s expense.

9. HOURS OF OPERATION

The contractor will perform services required during the hours of 7:30 am – 4:00 pm, Monday through Friday or as directed by the designated COR.

10. U.S LEGAL HOLIDAYS

The following is a list of U.S. Government holidays. If the holiday falls on a Saturday, the proceeding Friday is observed as the holiday; if the holiday falls on a Sunday, the following Monday is observed as the holiday.

HOLIDAY DATE

New Year’s Day Jan 1 Martin Luther King’s Birthday 3rd Monday in Jan President’s Day 3rd Monday in Feb Memorial Day Last Monday in May Juneteenth June 19 Independence Day July 4 Labor Day 1st Monday in Sep Columbus Day 2nd Monday in Oct Veterans Day Nov 11 Thanksgiving Day 4th Thursday in Nov Christmas Day Dec 25

11. SECURITY/ IDENTIFICATION

“The C&A requirements do not apply, and Security Accreditation Package is not required”

Taking of photographs/videos/recording of any kind is PROHIBITED on VA premises unless pertaining to work assignment, instructed or authorized by the Contracting Officer’s Representative

(COR).

Contractor will always wear his or her identification badge while on VA premises. The badge shall be clearly visible, front facing, and above the waist. Contractors shall be required to attend the construction safety training that is offered every Tuesday morning at 0700 in Bldg. #6.

Employees shall have a valid state or government identification. All contractor/vendor personnel shall display a KCVAMC issued identification badge while performing work on any VAMC property.

The contractor will not require access to confidential systems. The security requirements and impact for this project have been identified in VA Handbook 6500.6 Appendix A. The C&A (Certification and Accreditation) requirements do not apply and a Security Accreditation Package is not required.

Smoking is prohibited on property. Possession of weapons is prohibited (in vehicle or on person).

Enclosed containers, including tool kits, shall be subject to search. Violations of the VA regulations may result in citation answerable in the United States (Federal) District Court.

Contractor employees (crew) when on KCVAMC grounds; shall not bring visitors into the facility;

shall not bring into the facility, any form of weapons or contraband; shall not bring in any alcohol or drugs or be under the influence of alcohol/drugs; shall conduct themselves in a professional and polite manner at all times; shall not cause any disturbances in the facility, are subject to all the rules and regulations of the KCVAMC. Contractor personnel shall present a neat appearance and be easily recognized. Contractor shall furnish and require every on-site company employee to wear a company shirt and safety shoes. All company workers while on duty shall be identified by uniform shirt or blouse indicating the company logo. The print should be large enough to be easily read. In addition, all company staff assigned to work at the KCVAMC.

12. SITE REGULATIONS:

All work shall be performed in accordance with KCVAMC rules & regulations.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12.00 MO $79,500.000000 $954,000.00

Monthly Rental Fee for Mobile Central Sterile Unit

Contract Period: Base POP Begin: 08-11-2021 POP End: 08-10-2022 PRINCIPAL NAICS CODE: 532120 - Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and Leasing PRODUCT/SERVICE CODE: W065 - Lease or Rental of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

MANUFACTURER PART NUMBER (MPN): MSPS-02

Funding/Req. Number: 1 $954,000.00 589-21-4-792-0061

1.00 EA $41,964.740000 $41,964.74

Decommisioning Fee

Contract Period: Base POP Begin: 08-11-2021 POP End: 08-10-2022 PRINCIPAL NAICS CODE: 532120 - Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and Leasing PRODUCT/SERVICE CODE: W065 - Lease or Rental of Equipment - Medical, Dental, and Veterinary Equipment and

Funding/Req. Number: 1 $41,964.74 589-21-4-792-0061

1001 3.00 MO $79,500.000000 $238,500.00

Monthly Rental Fee for Mobile Central Sterile Unit

Contract Period: Option 1 POP Begin: 08-11-2022 POP End: 08-10-2023 PRINCIPAL NAICS CODE: 532120 - Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and Leasing PRODUCT/SERVICE CODE: W065 - Lease or Rental of Equipment - Medical, Dental, and Veterinary Equipment and

3.00 MO $79,500.000000 $238,500.00

Monthly Rental Fee for Mobile Central Sterile Unit

Contract Period: Option 2 POP Begin: 08-11-2022 POP End: 08-10-2023 PRINCIPAL NAICS CODE: 532120 - Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and Leasing PRODUCT/SERVICE CODE: W065 - Lease or Rental of Equipment - Medical, Dental, and Veterinary Equipment and

GRAND TOTAL $1,472,964.74

ACCOUNTING AND APPROPRIATION DATA

ACRN APPROPRIATION

REQUISITION

NUMBER AMOUNT

1 589-36X0160-792-828100 Supply Processing and D-2660 Operating Supplies and Ma-010020154

589-21-4-792-0061 (P)

$995,964.74

B.4 DELIVERY SCHEDULE

Deliver to:

Kansas City VA Medical Center 4801 East Linwood Boulevard Kansas City, MO 64128-2226

POC: Preston White John.whiteiii@va.gov 816-922-2357

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:

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

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS

OCT 2018

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

Date

DEC 2013

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

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

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

(End of Clause)

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

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

C.3 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 one year and three months.

(End of Clause)

C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

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

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

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

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

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

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

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

[] 852.215–71, Evaluation Factor Commitments.

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

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

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

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

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

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

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

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

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

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

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

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

[] 852.233–71, Alternate Protest Procedure.

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

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

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

[] 852.270–1, Representatives of Contracting Officers.

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

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

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

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

[] 852.273–74, Award without Exchanges.

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

[] 852.237–74, Nondiscrimination in Service Delivery.

C.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—

MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR 52.219-14 Limitations on Subcontracting.

(b) Accordingly, the contract 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)

C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT

2020) The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract.

Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

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

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(JAN 2021) (JUL 2020) (DEVIATION)

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

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

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L.

115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115–232).

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

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

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[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).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved]

[] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

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

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

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

[] (13) [Reserved]

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

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

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

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

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

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

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

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

[] (iv) Alternate III (JUN 2020) of 52.219–9.

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

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

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

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

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

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

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

[X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C 632(a)(2)).

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

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C.

637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

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

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

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

(DEVIATION) (E.O. 13126).

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

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

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

[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 (JAN 2021) (41 U.S.C. chapter 83).

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (JUL 2020) (DEVIATION) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate II (JUL 2020) (DEVIATION) of 52.225-3.

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

[] (50) 52.225–5, Trade Agreements (JUL 2020) (DEVIATION) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

5150).

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

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

[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

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

[X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

[] (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[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).

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

637(d)(13)).

[] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

[] (iii) Alternate II (FEB 2006) of 52.247-64.

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

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

[] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

chapter 67).

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

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

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

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

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

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

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

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

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

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

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

(i) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C.

3509).

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

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

115–91).

(iv) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115–232).

(v) 52.219–8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

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

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

(xiii)(A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

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

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

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

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

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

(xx) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 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). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR

ATTACHMENTS

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