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36C25619Q1485

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C25619Q1485

KEVIN POLLARD

405-456-1896 09-20-2019 Department of Veterans Affairs Veterans Health Administration Network Contracting Office 16 2575 Keystone Crossing Fayetteville AR 72703 X X 561621 $20.5 Million N/A X Department of Veterans Affairs Veterans Healthcare System of the Ozarks Purchasing & Contracting (90C) 1100 N. College Ave.

Fayetteville AR 72703 Department of Veterans Affairs Veterans Healthcare System of the Ozarks Network Contracting Office 16 2575 Keystone Crossing Fayetteville AR 72703

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-8972 See CONTINUATION Page Contractor Shall provide all necessary Labor, Material Equipment, Supplies, and Supervision for the Maintenance and Inspection for the Fire Alarm and Detection Systems for the VHSO, Fayetteville, AR 72703 This is a Base year, plus four, (1) year option Contract $0.00 See CONTINUATION Page X Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS1
SECTION B - CONTINUATION OF SF 1449 BLOCKS3
B.1 PRICE/COST SCHEDULE12
ITEM INFORMATION12
B.2 DELIVERY SCHEDULE13
SECTION C - CONTRACT CLAUSES14
C.1 FSS RFQ INTRODUCTORY LANGUAGE14
C.2 NOTICE LISTING CLAUSES INCORPORATED BY REFERENCE14
C.3 52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS—REPRESENTATION (JAN 2017)15
C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS16
C.5 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)16
C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2019)18
C.7 52.216-1 TYPE OF CONTRACT (APR 1984)26
C.8 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)26
C.9 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)26
C.10 52.233-2 SERVICE OF PROTEST (SEP 2006)27
C.11 52.232-18 AVAILABILITY OF FUNDS (APR 1984)27
C.12 52.237-3 CONTINUITY OF SERVICES (JAN 1991)27
C.13 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)28
C.14 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009)28
C.15 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)28
C.16 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)28
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS29
SECTION E - SOLICITATION PROVISIONS30
E.1 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (OCT 2018)31

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(continuation from Standard Form 1449, block 18A.)

1. Contract Administration: All contract administration matters will be handled by the following individual(s):

a. CONTRACTOR: ___________________________________ ___________________________________ ___________________________________ Contact Person: _____________________ Telephone #: _______________________ Fax #: ____________________________ e-Mail Address: ____________________ Tax Identification Number: ____________ GSA Number: _______________________ DUNS Number: _____________________

b. GOVERNMENT: Kevin Pollard (00256/90C) Department of Veterans Affairs, Veterans Health Administration Network Contracting Office 16 2575 Keystone Crossing Fayetteville, Arkansas 72703

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.

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

AMENDMENT NODATE
________________________________________________________
________________________________________________________
________________________________________________________

36C25619Q1485

Page 1 of Page 1 of Statement of Work (SOW) Fire Alarm systems Inspection and Repair Veterans Health Care System of the Ozarks (VHSO) Fayetteville, Arkansas

The contractor must furnish all management, supervision, labor, material, equipment, tools, supplies, and related services, in accordance with the SOW and drawing required for the service of fire alarm systems, wet-based fire alarm systems, Hydrants, fire pumps, dry chemical systems (hood systems) and equipment (scheduled and unscheduled), to include but not be limited to, repairs, emergency service, trouble shooting, ground fault repair, annual, semi-annual, and quarterly inspections.

I. General A. Any provision or partial provision of the Contract drawing(s), documents or requirements that is not consistent with this SOW and Drawing(s), is null and void only to the extent of the inconsistency. All other provisions or partial provisions of the Contract drawing(s), documents, or requirements must remain in full force and effect.

B. Information Technology (IT) security requirements Certification and Accreditation (authorization) (C&A) of the Contractor system: The C & A requirements do not apply, and a Security Accreditation Package is not required.

C. Safety must be the Contractor’s highest priority.

D. Contractor’s work must be conducted in a manner and at times which would present the least amount of disruption to the VHSO facility.

II. Scope of Work:

The Contractor must furnish all management, supervision, labor, material, equipment, tools, supplies, and related services for the inspections, test, preventive maintenance, repair, ground fault repair, and emergency repair in accordance with the Contract including, but not limited to, the SOW, drawing(s), and applicable Federal, State, and Local laws, codes, regulations, and ordinances as follows:

A. No system will be left out of service at the end of a workday or over a weekend without written permission from the COR or COR representative.

B. All tests and inspections must be performed in accordance with the most recent edition of National Fire Prevention Association (NFPA) 25, NFPA 72, NFPA 13, NFPA 20, NFPA 291, NFPA 96 and Joint Commission Inspection Requirements.

C. Contractor must furnish a minimum of 3 service technicians throughout the duration of the inspection. At least one of the service technicians must be NICET level 2 certified and have the card specializing in the appropriate field including, but not limited to, fire alarm systems, inspection and testing of fire alarm systems and inspection and testing of water-based systems. Card must be provided to COR upon request.

D. Contractor must furnish a fully completed inspection form for each separate system, within 3 business days of the Completion of Inspection. Reports must be uniform throughout the year, and year by year. Either official testing report from NFPA 72, or Building Reports generated report.

E. Unscheduled/Emergency Service/Repairs/Replacements: Contractor must furnish qualified service technician(s) on-site (24/7/365) no later than 2-hours after notification. Contractor must have the service issue(s) corrected or a plan in place within four (4) hours of arrival at job site. Any temporary repairs must be approved by the COR or COR designated representative.

F. Contractor must furnish a means of two-way communication between each other.

G. Buildings covered under this agreement during Base Period, Options Year 1, 2, 3, and 4 include, but not limited to, Building 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 18, 21, 26, 27, 34, 37, 44, and primary care. On the forth option year Building 30, 31, 32 and 33 must be added to this contract.

H. Contractor must furnish a minimum of one (1) service technician that is certified from Notifier Onyx Series factory training. Certificate must be furnished to the COR upon request.

I. Fire alarm systems:

1. Annual test and Inspection:

a) All fire alarm system control panels, initiating devices, indicating devices, power supplies, annunciators, batteries and digital voice controls.

b) Cleaning and vacuuming of all smoke detectors.

c) Testing functions including, but not limited to, roof top unit and air handler unit shutdown, roll down overhead door and elevator recall.

d) Inspection and testing of all electro-mechanical releasing devices.

2. Semi-annual test and inspection:

a) Inspect and test all batteries related to fire alarm systems. Replace batteries (furnished by VHSO) in accordance with NFPA 72, when batteries reach 5 years old or when test below 65 percent.

b) Visual inspection of all control panels, power supplies, and manual fire alarm boxes

3. Quarterly test and inspection:

a) Send alarm signal to local fire department, ensure signal is received within 90 seconds.

A.

B.

C.

D.

E.

F.

G.

H.

I.

J.

K.

L.

J. Water-based systems:

1. Replace seals and packing in equipment including, but not limited to, valves and pumps as needed.

2. Annual test and inspection:

a) Inspect devices including, but not limited to, hangers/braces/supports, hydraulic design information sign, gauges, pipe, pipe fittings, sprinklers, spare sprinklers, backflow prevention assemblies control valves, electric fire pump, diesel fire pump, and jockey pumps.

b) Test devices including, but not limited to, antifreeze solution control valves, electric fire pump, diesel fire pump, jockey pump, and dry system trip test.

c) Dry pipe system low points are to be drained upon completion of the trip tests.

d) Operate each control valve through its full range and returned to normal position.

e) Conduct main drain test.

3. Quarterly Testing:

a) Inspect and test devices including, but not limited to, gauges, supervisory signal devices, waterflow alarm devices and fire department connection.

K. Kitchen hood fire suppression systems: semi-annual tests, inspection, and maintenance of all elements of the hood suppression system including, but not limited to, power shut offs, gas shut offs, and a physical initiation of the system without expelling the extinguishing material. Work is to include replacement of chemical extinguishing material and links when required.

L. Hydrants, standpipes and fire pumps:

1. Annual fire hydrant flow test: 3 fire hydrants

a) Hydrant test must be performed as specified in NFPA 25 and NFPA 291.

b) Hydrant flow test reports must be prepared on graph forms or flow report data forms. The graphs must depict the volume, gallons per minute (GPM), of water flow at 20 PSI residual pressure.

c) Contractor must furnish all tools required including, but not limited to, a water diverter funnel which is necessary for fire hydrant testing.

2. Annual standpipe flow test: 11 standpipes

a) Contractor must furnish the annual standpipe flow test in accordance with NFPA 25

b) Contractor must furnish all tools required including, but not limited to, a water diverter funnel and fall protection for standpipes located on the roof.

3. Annual fire pump full flow test: one (1) diesel pump, one (1) electric, and two (2) jockey pumps

a) Contractor must test each fire pump annually to determine and record flow rate, pump pressure, pump motor AMP(s), voltage(s) and speed at peak load.

b) The flow must be maintained for a minimum of one (1) hour.

M. Weekly fire pump test (no Flow): To be completed on both diesel and electric fire pumps.

1. Perform weekly tests on fire pumps one day of the week approved in writing by the COR.

2. Confirm all signals report to fire alarm control panel including, but not limited to, pump running, pump off, and control valve closure.

3. Document all tests using forms approved in writing by the COR.

N. Contractor must furnish a schedule of all Buildings to be tested. The COR or COR designated representative must give prior approval for the shut-down of the fire alarm of each Building.

O. Contractor must furnish a record log, hard copy must be stored in the fire alarm panel room in Building 1, that must include, but not be limited to, repairs, and abnormal findings. Log Must be maintained on the day of any service being provided.

P. Documentation: All components and devices must be logged for:

1. Exact location of each device tested, including system address.

2. Ensure point description that is programmed into the fire alarm system is accurate. If location is not accurate in programming of panel, documentation must be made.

Q. Replacement of parts:

1. All fire alarm replacement part(s) will be furnished by VHSO; however, Contractor must include labor to install the part(s).

2. Sprinkler head replacement is excluded from this contract.

3. Contractor must furnish and replace all gauges when gauge reaches 5 years of last replacement, in accordance with NFPA 25.

4. The replacement of a complete fire pump, or fire pump motor is excluded from this contract.

III. Scheduled Equipment:

a. Device list along with quantity is furnished in this SOW; however, Contactor must verify quantities.

b. If device count is greater than plus (+) or minus (-) 5 percent (%) of quantities listed below, then the contract may be adjusted via a modification.

Device Type-existing Buildings
Quantity-Must be verified by Contractor
Alarm Device
19
Annunciator
6
Battery
74
Beam Detector
2
Communicator
1
Control Panel
3
Damper Control
1
Duct Detector
62
Fire Pump Auto
1
Fire Pump Running
2
Fire Pump Trouble
2
Handset
1
Heat Detector
46
Kitchen Hood
4
Low Fuel
1
Power Supply
20
Pull Station
185
Releasing Device
65
Smoke Detector
303
Speaker/Strobe
3
Speaker
676
Special Control
130
Strobe
394
Supervisory Device
15
Tamper Switch
105
Voice Evacuation
9
Waterflow Switch
79
Door Holders
61
Fire Dept. Connections
9
Hydrants
19
Gauges
100
Device type-Building 30, 31, 32, and 33
Quantity-Must be verified by Contractor
Annunciator
3
Battery
6
Control Panel
1
Duct Detector
6
Heat Detector
1
Kitchen Hood
2
Power Supply
2
Manual Fire Alarm Box (Pull Station)
21
Releasing Device
3
Shut Down Device
3
Smoke Detector
35
Strobe/Horn
46
Strobe Only
8
Tamper Switch
2
Waterflow
1
Fire Dept. Connection
1
Fire Hydrant
1

IV. Drawing:

a. Contractor must verify dimensions, locations, measurements, and quantities. Contractor must notify COR of verification and differing site conditions

b. Drawing Number: PS564, Fire Hydrant Site Plan, 07/11/2019.

V. Contractor Access and Activities A. Contractor must comply with the VHSO security management program.

B. Contractor must not enter the work site without VHSO issued identity Badge. Contractor can be subject to inspection of personal effects when entering or leaving the project site and VHSO property. Contractor superintendent must escort Contractor employees to Engineering (Building 7-A) to obtain badge(s). The Contractor must maintain a log of Employee Names, Badge ID Numbers, Start Date(s), Departure Date(s), ID Lost Date(s), and ID Return Date(s). Updated Badge log must be given to the COR weekly or as directed by COR. Contractor’s superintendent must return all badges on day of departure of employee from contract to COR. Contractor’s superintendent must return all remaining badges at contract closeout to COR. Lost Badges must be reported immediately to the COR and documented on badge log. Contractor is responsible for a $100.00 fee for each lost or unreturned badge to VHSO.

C. Property Access Regular Business Hours: PM must be scheduled during normal business hours, 0730 to 1600 hours, Monday through Friday (excluding the following Federal holidays New Year’s Day, Martin Luther King Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day).

D. COR must be informed in the following situations:

1. To schedule any work.

2. After arriving on site but before any work is started.

3. To provide an approximate timeframe for the work.

4. As soon as it is known that the work will take longer than expected.

5. At completion of work prior to leaving the facility.

6. To report any incomplete aspects of the work or issues that could not be corrected during the visit.

7. To furnish a written plan for corrective action for any work that cannot be completely within 24 hours. Plan must be furnished to and approved by the COR.

E. Safety: Safety must be the Contractor’s highest priority. The Contractor must be in accordance with Federal, State, Local OSHA regulations, latest edition of NEC, latest edition of NFPA 70E, and 01 35 26 Safety Requirements specification. The Contractor must furnish and have in place Personal Protective Equipment (PPE) including, but not limited to, safety signage, cones, and barricades, to protect the safety of VHSO patients, employees, visitors, volunteers, tenants and others. Contractor must not be permitted to work without proper PPE and can be directed to leave job site. Contractor must furnish required safety items and wear required PPE. Work must be conducted in a manner and at times which would present the least amount of disruption to the VA healthcare facility.

F. Contractor must not leave or unattended out-of-service any utility, fire protection, or security system without written permission of the COR. If a utility, fire protection, or security system is not functioning at the end of a work period without written permission of the COR, then the Contractor must restore the system(s) to working order prior to leaving the jobsite or must furnish an around-the-clock watch until the system is functioning properly. If the Contractor fails to do so, the Contractor must reimburse the Government for any costs incurred by the VHSO to furnish around-the-clock watch and/or repair the system(s).

G. Vehicles and Construction equipment: Contractors’ keys to unattended vehicles and equipment must be removed and vehicles locked.

H. Unloading and Parking: No materials or equipment are permitted through the front entry. Use loading dock entrance – only for loading and unloading, do not leave vehicle(s) unattended. Contractor parking on VHSO property is limited to availability of designated Contractor parking. Contractor must have prior written approval of on-site Contractor parking from COR.

I. Elevators: Contractor must use COR designated elevators and must protect elevator cabs and controls during periods of use. Contractor must not exceed elevator weight limits. Designated elevator(s) and usage times are not to interfere with VHSO activities.

J. Radios and Mobile Devices: Contractor must use mobile devices at low volume or outside. Contractor must not carry on conversations in hallways or near any patient areas. AM/FM radios and other media producing devices must not be used in the VHSO Buildings.

K. Noise: Contractor must coordinate and schedule noise making activities with the COR. For any noise making work activities, the Contractor must furnish a written request to the COR for COR approval a minimum of seven (7) business days prior to noise making activities. The COR will schedule and provide written authorization to proceed three (3) business days in advance of the proposed activity.

L. Disposal: The Contractor must submit a written request(s) for disposal of any government owned materials, equipment, or property in advance to the COR for COR written approval. Contractor must remove and properly dispose construction debris, materials, equipment, and substances from VHSO property daily into the Contractor supplied containers. Construction debris created from the contract must not be disposed of at the job site, in VHSO dumpsters, or on VHSO property. Disposal of construction debris, materials, equipment, and substances from the contract must be in accordance with applicable Federal, State, Local and environmental laws, rules or regulations. The Contractor must ensure and furnish appropriate documentation to the CO that all hazardous waste handlers, haulers, and disposal facilities are properly licensed. The Contractor must furnish shipping manifest and documentation of proper disposal of any construction debris, materials, equipment, and substances from the contract work prior to final payment. Contractor must return the work site to the condition in which it was found at the Contractor’s expense.

M. Warranty: Contractor must guarantee workmanship for a period of one (1) year after COR written acceptance of work. Contractor must furnish a minimum 1-year parts and labor warranty on materials, equipment, parts and components, furnished and any manufacturer’s warranty greater than one (1) year.

N. Photography: Contractor must not photograph any patients, personnel, visitors, and others on VHSO property. Contractor must be escorted by VHSO personnel to take jobsite related photos and be coordinated by COR.

O. Other requirements:

1. Anything remaining in place that is damaged or defaced by the Contractor must be restored by the Contractor to the existing condition, at no additional expense to the Government.

2. The Contractor must furnish adequate protection to VHSO property and personnel prior to work activities. Contractor moved items must be put back by the Contractor to original locations and conditions as work is completed, at no additional expense to the Government.

3. No unauthorized work to be initiated without the prior written approval of the CO.

4. Work required for the project must be in accordance with the best practices and in accordance with the intent of the SOW, drawings, and specifications.

5. VHSO utilities and work areas may not be immediately available and the Contractor must be flexible in the inspections schedule at no additional cost to VHSO.

6. All OEM recommended safety aspects of the equipment being serviced must be adhered to.

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

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

Fire Alarm and detection for Veterans Healthcare System of the Ozarks Contract Period: Base POP Begin: 10-01-2019 POP End: 09-30-2020

1.00
YR
__________________
__________________

Fire Alarm and detection for Veterans Healthcare System of the Ozarks Contract Period: Option 1 POP Begin: 10-01-2020 POP End: 09-30-2021

1.00
YR
__________________
__________________

Fire Alarm and detection for Veterans Healthcare System of the Ozarks Contract Period: Option 2 POP Begin: 10-01-2021 POP End: 09-30-2022

1.00
YR
__________________
__________________

Fire Alarm and detection for Veterans Healthcare System of the Ozarks Contract Period: Option 3 POP Begin: 10-01-2022 POP End: 09-30-2023

1.00
YR
__________________
__________________

Fire Alarm and detection for Veterans Healthcare System of the Ozarks Contract Period: Option 4 POP Begin: 10-01-2023 POP End: 09-30-2024

GRAND TOTAL
__________________

B.2 DELIVERY SCHEDULE

ITEM NUMBER
QUANTITY
DELIVERY DATE

1.00

1.00

1.00

1.00

1.00

SECTION C - CONTRACT CLAUSES

C.1 FSS RFQ INTRODUCTORY LANGUAGE

The terms and conditions of the contractor's FSS contract (including any contract modifications) apply to all Blanket Purchase Agreements (BPA) and task or delivery orders issued under the contract as a result of this RFQ. When a lower price has been established, or when the delivery terms, FOB terms, or ordering requirements have been modified by the BPA or task/delivery order, those modified terms will apply to all purchases made pursuant to it and take precedence over the FSS contract. Any unique terms and conditions of a BPA or order issued under the contract that are not a part of the applicable FSS contract will govern. In the event of an inconsistency between the terms and conditions of a BPA or task/delivery order and the Contractor's FSS terms, other than those identified above, the terms of the FSS contract will take precedence.

C.2 NOTICE LISTING CLAUSES INCORPORATED BY REFERENCE

The following clauses are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" contained in this document. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

FAR Number

Title

Date

52.203-17

52.204-9

CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

APR 2014

JAN 2011

52.228-5
INSURANCE—WORK ON A GOVERNMENT INSTALLATION
JAN 1997
52.204-18
COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE
JUL 2016
52.232-40
PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS
DEC 2013

VA ACQUISITION REGULATION (48 CFR Chapter 8)

852.203-70
COMMERCIAL ADVERTISING
JAN 2008
852.232-72
ELECTRONIC SUBMISSION OF PAYMENT REQUESTS
NOV 2012

(End of Addendum to 52.212-4)

C.3 52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS—REPRESENTATION (JAN 2017)

(a) Definition. As used in this provision— Internal confidentiality agreement or statement, subcontract, and subcontractor, are defined in the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with 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), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of Provision)

C.4 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.5 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals—

(A) Are [ ] are not [ ] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have [ ] have not [ ], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have," the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are [ ] are not [ ] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subdivision (a)(1)(i)(B) of this provision; and

(D) Have [ ], have not [ ], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has [ ] has not [ ], within a 3-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER SECTION 1001, TITLE 18, UNITED STATES CODE.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of Provision) C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2019)

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

(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (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.)

[] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (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).

[] (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 (Oct 2018) (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] [X] (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.

[] (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 (AUG 2018) (15 U.S.C. 637(d)(4)).

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

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

[] (iv) Alternate III (JAN 2017) of 52.219-9.

[] (v) Alternate IV (AUG 2018) 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)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

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

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

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

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

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

[] (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 (JAN 2019) (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).

[] (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 (AUG 2018) (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 (Oct 2018) (31 U.S.C. 3332).

[X] (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)(13)).

[] (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.

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

[X] (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (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
Reporting Stenographer GS-5/6
$35K-$40K+30%Benefit
Closed Microphone Reporting
$35K-$60K+30%Benefit

Series (GS 6/9

[] (4) 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).

[] (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).

(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) 52.204–23, 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) 52.219–8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.

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