36C25719Q1224-001.pdf

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STX Sterrad Service Maintenance Agreement Federal contract opportunity
Solicitation number
36C25719Q1224
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 17

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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 54

671-19-4-196-0290

36C25719Q1224 08-02-2019

Juan Martinez 210-694-6303 08-13-2019

12:00 PM CDT

36C257

Department of Veterans Affairs

VISN17 Network Contracting Activity

5441 Babcock Rd., Ste. 302

San Antonio TX 78240

X 100

X

811219

$20.5 Million

N/A

X

36C671

Department of Veterans Affairs

7400 Merton Minter Blvd. (10N17/90C)

San Antonio TX 78229-4401

36C257

5441 Babcock Rd., Ste. 302

San Antonio TX 78240

This is accomplished through the

Tungsten Network located at:

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

This is mandatory and the sole method for submitting invoices.

(877) 353-9791 (512) 460-5540

See CONTINUATION Page

SEE SCHEDULE.

See CONTINUATION Page

X X

X 1

36C25719Q1224

Table of Contents

SECTION A

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

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

C.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2019)

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) ... 24

C.4 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

C.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.8 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

SECTION E - SOLICITATION PROVISIONS

E.1 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT

TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)

E.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (OCT 2018)

E.4 52.216-1 TYPE OF CONTRACT (APR 1984)

E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

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

1998)

E.7 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

BASIS FOR AWARD

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Office 36C257 Juan Martinez

7400 Merton Minter Blvd. (10N17/90C) San Antonio TX 78229

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

3. INVOICES: Invoices shall be submitted in arrears:

Frequency: [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.

This is accomplished through the Tungsten Network located at:

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

This is mandatory and the sole method for submitting invoices.

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

12.00 MO __________________ __________________

The South Texas Veterans' Health Care System Center located in San

Antonio, TX requires a Service Maintenance Agreement on the following equipment located at the Audie L. Murphy Memorial Veterans Hospital.

STERRAD 100NX Serial Number 1047180453, Location H023-AMH. See Statement of Work for additional details.

Contract Period: Base POP Begin: 09-01-2019 POP End: 08-31-2020

The South Texas Veterans' Health Care System Center located in Kerrville, TX requires a Service Maintenance Agreement on the following equipment located at the Kerrville VA Medical Center. STERRAD NX Serial Number 0033130458, Location 239-11-KER. See Statement of Work for additional details.

Contract Period: Base

TX requires a Service Maintenance Agreement on the following equipment located at the Kerrville VA Medical Center. STERRAD NX Serial Number 0101130380, Location 239-11-KER. See Statement of Work for additional details.

Contract Period: Base

Antonio, TX requires a Service Maintenance Agreement on the following equipment located at the Audie L. Murphy Memorial Veterans Hospital.

STERRAD 100NX Serial Number 1047180453, Location H023-AMH. See Statement of Work for additional details.

Contract Period: Option 1 POP Begin: 09-01-2020 POP End: 08-31-2021

TX requires a Service Maintenance Agreement on the following equipment located at the Kerrville VA Medical Center. STERRAD NX Serial Number 0033130458, Location 239-11-KER. See Statement of Work for additional details.

Contract Period: Option 1

TX requires a Service Maintenance Agreement on the following equipment located at the Kerrville VA Medical Center. STERRAD NX Serial Number 0101130380, Location 239-11-KER. See Statement of Work for additional details.

Contract Period: Option 1

Antonio, TX requires a Service Maintenance Agreement on the following equipment located at the Audie L. Murphy Memorial Veterans Hospital.

STERRAD 100NX Serial Number 1047180453, Location H023-AMH. See Statement of Work for additional details.

Contract Period: Option 2 POP Begin: 09-01-2021 POP End: 08-31-2022

TX requires a Service Maintenance Agreement on the following equipment located at the Kerrville VA Medical Center. STERRAD NX Serial Number 0033130458, Location 239-11-KER. See Statement of Work for additional details.

Contract Period: Option 2

TX requires a Service Maintenance Agreement on the following equipment located at the Kerrville VA Medical Center. STERRAD NX Serial Number 0101130380, Location 239-11-KER. See Statement of Work for additional details.

Contract Period: Option 2

Antonio, TX requires a Service Maintenance Agreement on the following equipment located at the Audie L. Murphy Memorial Veterans Hospital.

STERRAD 100NX Serial Number 1047180453, Location H023-AMH. See Statement of Work for additional details.

Contract Period: Option 3 POP Begin: 09-01-2022 POP End: 08-31-2023

TX requires a Service Maintenance Agreement on the following equipment located at the Kerrville VA Medical Center. STERRAD NX Serial Number 0033130458, Location 239-11-KER. See Statement of Work for additional details.

Contract Period: Option 3

TX requires a Service Maintenance Agreement on the following equipment located at the Kerrville VA Medical Center. STERRAD NX Serial Number 0101130380, Location 239-11-KER. See Statement of Work for additional details.

Contract Period: Option 3

Antonio, TX requires a Service Maintenance Agreement on the following equipment located at the Audie L. Murphy Memorial Veterans Hospital.

STERRAD 100NX Serial Number 1047180453, Location H023-AMH. See Statement of Work for additional details.

Contract Period: Option 4 POP Begin: 09-01-2023 POP End: 08-31-2024

TX requires a Service Maintenance Agreement on the following equipment located at the Kerrville VA Medical Center. STERRAD NX Serial Number 0033130458, Location 239-11-KER. See Statement of Work for additional details.

Contract Period: Option 4

TX requires a Service Maintenance Agreement on the following equipment located at the Kerrville VA Medical Center. STERRAD NX Serial Number 0101130380, Location 239-11-KER. See Statement of Work for additional details.

Contract Period: Option 4

GRAND TOTAL __________________

STERRAD STERLIZER PREVENTIVE & CORRECTIVE MAINTENANCE

STATEMENT OF WORK

1.0 DESCRIPTION OF SERVICES

The Contractor shall provide all materials, tools, labor, travel, parts and equipment necessary to provide preventive and corrective maintenance for three (3) Sterrad Sterilizer’s at the following locations as defined in the Statement of Work (SOW).

1. One (1) unit at Audie L. Murphy Memorial Veterans Hospital (AMH); 7400 Merton

Minter Boulevard, San Antonio, TX 78229

2. Two (2) units at Kerrville VA Medical Center (KER), 300 Memorial Boulevard, Kerrville, TX 78028

2.0 DESCRIPTION OF SERVICES

2.1 Equipment List/Locations

DESCRIPTION MODEL/EE # SERIAL NUMBER LOCATION

SCHEDULED

PM

MONTHS

Sterrad 100NX 10104 / 150313 1047180453 H023-AMH May and

November

Sterrad NX 1003 / 125665 0033130458 239-11-KER March and

September

Sterrad 100s 10101 / 125737 0101130380 239-11-KER March and

September

2.2 Preventive Maintenance

The Contractor shall perform semi-annual preventive maintenance procedures in accordance with the published manufacturers recommendations. The Contractor shall utilize the Original

Equipment Manufacturer’s established procedures and checklists, (or a Contractor-supplied equivalent approved by the Government Representative).

Preventive maintenance shall include, but not be limited to, the following:

• Ensure any replacement parts provided are new Original Equipment Manufacturer

(OEM) factory approved parts or OEM refurbished.

• Cleaning and lubrication of equipment as required.

• Repair and/or replacement of all defective components necessary to conform to instrument specifications.

• Calibration or standardization of instruments required.

• Align or adjust equipment that may malfunction with respect to the manufacturer’s specifications.

• Electrical safety inspections, troubleshooting, repair, performance of preventive maintenance inspections (PMI), calibrations with certified calibration checks and replacement of defective parts with priority one-day shipping.

The Contractor will notify the Government Representative immediately of the existence or development of any defects or repairs needed to the equipment that is not covered under this contract, such as operator misuse. Before work can be done, the Contractor must provide the

Government Representative with a quote and a new PO issued.

2.3 Parts

Contractor is to provide 95 percent or more of all services, parts hardware, proprietary software, and labor. Contractor shall provide a 20 percent discount on parts, travel and labor outside of agreement coverage. The contractor stipulates that they have ready access to new parts

(manufactured by or supplied by the manufacturer, or equal thereto). All parts supplied shall be of current manufacture and be fully compatible with existing equipment. Documentation of intended parts source(s) shall be provided to the Government Representative upon request. All parts necessary for the maintenance and repair of this equipment shall be furnished as part of this service agreement. Any refurbished parts the contractor may propose to use are subject to the same inspection and QC procedures as all other materials used in the manufacture of products and shall be warranted to the same extent as all other components under warranty.

2.4 Test Equipment

The Contractor shall provide all required test equipment, qualified competent personnel and

Original Equipment Manufacturer (OEM) parts to repair and return these systems to an operable condition in accordance with Sterrad specifications and Federal Drug Administration’s Code of

Federal Regulations (21 CFR). The Contractor shall use the OEM established procedures and checklists, (or Contractor-supplied equivalent deemed satisfactory to the Government

Representative). A Field Service Report shall be supplied to the Government Representative at the completion of installation and calibration to include a detailed check list of procedures performed.

Upon request from the Government Representative or the CO, the contractor shall provide a copy of current Calibration Certifications of all test equipment which is to be used by the contractor to perform services under this contract. Calibration of equipment shall be traceable and in conformance with test equipment original equipment manufacturers standards.

2.5 Troubleshooting and Repair

Any problems with the system must be isolated and repaired by the Contractor. The Contractor will trouble shoot the hardware, software, and communications equipment to determine the best method of repair. If problems are found, the Contractor shall contact the appropriate and authorized maintenance organization or company and track the trouble call until it is resolved.

The Contractor shall notify the Government Representative of the existence or development of any defects in, or repairs to the equipment covered under this contract which the Contractor considers he/she is not responsible for under the terms of the contract (such as operator misuse).

2.6 Contractor Responsibilities

During the term of this contract, the Contractor will provide support at the Customers request and will use its best efforts to provide prompt software support services to the Customer by telephone.

The Contractor will provide telephone support to Customers between the hours of 8:00 am and

5:00 pm Central time, Monday through Friday, excluding holidays recognized by the VA. The

Contractor will use its best efforts to respond promptly to all inquiries by the customer within one

(1) hour of notification that service is required.

3.0 PROTECTION OF GOVERNMENT PROPERTY

3.1 During work execution, the Contractor shall take special care to protect Government property including furniture, walls, baseboards, and other surfaces. Accidental splashes shall be removed immediately. Damage resulting from the Contractor operations shall be repaired by the

Contractor, including painting, refinishing, or replacement, if necessary, at no additional cost to the Government. The Contractor shall be responsible to meet OSHA/Safety requirements in the performance of the work. This shall include, but not limited to, taking all the necessary precautions to protect the patients, visitors, and/or staff at each location. The Contractor shall be held responsible for any injuries and /or damage, which may be caused as a result of the

Contractors failure to adhere to these requirements.

3.2 Damage

Extreme caution shall be exercised to prevent damage to the building and its contents. Any damage must be reported to the Government Representative immediately for appropriate action.

Any damage caused by the Contractor will be repaired and/or replaced to the satisfaction of the

VA at the Contractor’s expense.

3.3 Safety

In the performance of this contract, the Contractor shall take such safety precautions as the

Contracting Officer may determine to be reasonably necessary to protect the lives and health of occupants of the building. The Contracting Officer shall notify the Contractor of any safety issues and the action necessary to correct these issues. Such notice, when served on the

Contractor or his representative at the work site, shall be deemed sufficient for the corrective actions to be taken. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or part of the work and hold the Contractor in default.

4.0 CONFORMANCE STANDARDS

4.1 As a minimum, work shall be completed as required and in accordance with the following:

1. National Fire Protection Association – Standard for Health Care Facilities, NFPA-99, or latest edition

2. Manufacturer’s Requirement and Specification on the maintenance and servicing of each model of equipment listed in this SOW

3. Adherence to Joint Commission Accreditation Healthcare Organization (JCAHO) and

Original Equipment Manufacturer’s standards is mandatory

4. Submission of detailed reports of Inspection and Maintenance

The Contractor shall ensure that the equipment functions in conformance with the latest published edition of the applicable EPA, UL, OSHA, VA, JCAHO, state, local, federal, and all applicable regulations for the work identified herein, whichever is more stringent.

4.2 Contractor shall provide all resources required in performing these maintenance services and inspections, including parts, materials, lubricants, cleaning fluids, equipment, tools, shipping, travel, and labor. Contractor is responsible to determine the nature and extend of any work required to restore equipment to satisfactory condition and operation, as determined by the VA, replacing parts if conditions warrant.

4.3 Covered equipment encompasses all systems components and associated apparatus as normally supplied and required for operation by the manufacturer(s) in the currently installed configuration, including integrity of connections to building utilities, excluding building utility supply lines up to the point of manufacturer provided hardware.

5.0 SAFETY DATA SHEETS

Prior to commencement of services, the Contractor shall provide Safety Data Sheets to the

Government Representative in accordance with VA and OSHA regulations.

6.0 GENERAL INFORMATION

6.1 Hours of Operation

Normal hours of operation are Monday through Friday from 8:00 am to 5:00 pm CST, excluding holidays. All services shall be performed during normal hours of coverage unless requested and approved by the Government Representative.

Federal and National Holidays observed by the VAMC are:

National Holidays Federal Holidays

New Year's Day

Labor Day

Memorial Day

Thanksgiving Day

Christmas Day

M L King's Birthday

Columbus Day

President's Day

Veterans Day

Independence Day

Also included would be any other day specifically declared by the President of the United States to be a National Holiday.

When a holiday falls on a Sunday, the following Monday shall be observed as a legal holiday by

U.S. Government agencies. When a holiday falls on a Saturday, the preceding Friday shall be observed as a legal holiday.

6.2 Additional Charges

There shall be no additional charge for time spent at the site (during or after the normal hours of coverage) awaiting the arrival of additional FSE and/or delivery of parts.

7.0 EMERGENCY SERVICES

7.1 There are occasions when the Contractor must be called in to perform emergency servicing.

Contractor must be available to services within thirty (30) minutes of notification and will be paid an hourly rate. Contractor must be available 24 hours a day, 7 days a week.

7.2 Work performed outside the normal hours of coverage, at the request of the Government

Representative, will be billed at the price listed in the price schedule. Billing will include service time plus one (1) hour for travel time, Purchase Order Number (PO), and include parts. The work performed outside the normal hours of coverage, at the request of the Contractor will be considered servicing during normal hours of coverage and cannot be billed.

7.3 For all work performed outside the normal hours of coverage, the Government Representative shall review all work performed to ensure that it was performed commensurate with the cost and contact the Contracting Officer the next business day.

8.0 FACILTY CHECK-IN REQUIREMENTS

The Contractor must be required to report to the Audie L. Murphy, Biomedical Engineering Services to log in for services performed under this contract. This check in is mandatory.

Audie L. Murphy Contact Person(s): Katherine Navarro Telephone Number & Extension: 210-617-5300 ext. 13997

9.0 REPORTS

A written ESR report shall be provided to the Government Representative upon completion of each visit. The report shall include a detailed description of the process used including a complete list of acceptable cleaning agents. The report shall also include, but not limited to, manufacturer of products used, UL classification, and a copy of any Safety Data Sheets previously submitted as required by the specifications and OSHA. In addition, each ESR must, at a minimum, document the information listed below legibly and in complete detail. A written report is required upon completion of all work performed under this agreement. Failure to provide written reports could result in delay in payments. Reports must be submitted in original copy. No carbon copies will be accepted.

1. Name of Contractor

2. Name of FSE who performed services

3. Contractor service ESR number/log number

4. Date, time (starting and ending), equipment downtime, and hours on-site for service call

5. VA purchase order number (Using the incorrect number could delay processing of invoices)

6. Identification of equipment to be serviced: ID number, manufacturers name, model, and serial numbers, room location, and any other manufacturer’s identification numbers

7. Itemized description of services performed including location of access panels and documenting of discrepancies, system impairments, and recommendations

8. Signatures of the FSE performing the services and the VA employee who witnessed the services described

PLEASE NOTE: any charges claimed must be approved before service has begun. Any additional work performed, or parts replaced, if applicable, without the written approval of the

CO will be performed or furnished at the Contractor’s expense.

The ESR must be submitted with your invoice on Tungsten and be signed by a VA employee.

Failure to upload the ESR could delay payment of invoices.

10.0 GENERAL INFORMATION

10.1 Quality Control

Contractor shall develop and maintain a quality program to ensure services are performed in accordance with the Conformance Standards and other commonly accepted commercial practices.

The Contractor shall develop and implement procedures to identify and prevent defective services from reoccurring. These provisions shall be included in the Contractor’s Quality Control Program

(QAP). At a minimum, the Contractor shall develop quality control procedures that address the areas identified in paragraph 3.0, 4.0. and 5.0. Contractor shall clearly define procedures, which will be used to complete the work and confirm the above meets the requirements of these specifications. The Government evaluator must have a specific Quality Control Inspector to notify in case of customer complaints.

10.2 Quality Assurance

The Government will periodically evaluate the Contractor’s performances.

11.0 TECHNICAL REQUIREMENTS

1. The Contractor’s staff -- or the staff of any sub-contractor used by the Contractor -- shall include a “fully qualified” Field Service Representative assigned to this area.

2. “Fully qualified” is based upon training and on experience in the field with the equipment listed.

a. For training, the Field Service Representatives must have successfully completed a formalized training program for the equipment covered under this contract.

b. For field experience, the Field Service Engineers must have a minimum of one (1) year of experience providing preventive maintenance and emergency repair services on the same make and model of equipment covered under this contract.

3. Personnel with any laptops, thumb drives, or CD/DVD’s intended to be plugged in to the equipment are required to allow these devices to be scanned by Biomedical Engineering personnel for malware before they are plugged in to the systems. After repairs are completed, these systems must be brought to Biomedical Engineering personnel to be scanned for possible patient personnel health history.

12.0 TUBERCULOSIS SCREENING

All service contractor employees assigned to the work site shall have a certified tuberculin screening completed within 90 days prior to assignment at the work site. The certified tuberculin screening must be kept up to date every calendar year from the date submitted in the initial certified tuberculin screening documentation. NOTE: This can be the Center for Disease

Control (CDC) and Prevention and two-step skin testing or a Food and Drug Administration

(FDA)-approved blood test.

1. Contract employees manifesting positive screening reactions to the tuberculin shall be examined according to current CDC guidelines prior to working on VHA property.

2. Subsequently, if the employee is found without evidence of active (infectious) pulmonary

TB, a statement documenting examination by a physician shall be on file with the employer (service contractor), noting that the employee with a positive tuberculin screening test is without evidence of active (infectious) pulmonary TB.

3. If the employee is found with evidence of active (infectious) pulmonary TB, the employee shall require treatment with a subsequent statement to the fact on file with the employer before being allowed to return to work on VHA property.

13.0 TRAINING REQUIREMENT

The Contractor will attend a pre-work orientation meeting prior to the commencement of work on site. The VA will schedule this meeting and it will include discussions of the following topics:

(The VA will provide information to the Contractor regarding these topics and will document the meeting)

• Fire and Safety

• Infection Control

• Disaster Procedures

• Security

The Contractor will be responsible to ensure that Contractor employees coming to the work site will receive the information required above.

The Contractor will be responsible to ensure Contractor employees providing work on this contract are fully trained and completely competent to perform the required work.

14.0 SECURITY REQUIREMENTS

If required, all contractors working under this contract must be fingerprinted prior to being allowed to work on campus. Contractor ID badges can be obtained from PIV office typically 3-5 days after approved SAC form is received and finger prints clear. ID badges are required for long-term contractor employees working at Audie L Murphy and Kerrville locations.

The C&A requirements do not apply and a Security Accreditation package is not required.

15.0 DEFINITIONS/ACRONYMS

Acceptance Signature – VA employee who is authorized to sign-off on the ESR, which indicates that the PM has been concluded or is still pending completion, or that the Emergency Repair has been accomplished or is still in a pending status.

Authorization Signature – the Government Representative’s signature; indicates that the

Government Representative accepts work status as stated on the ESR.

CO – Contracting Officer

VAMC – Department of Veterans Affairs Medical Center

16.0 Information Systems Officer, Information Protection

The contractor will not have access to VA Desktop computers nor will they have access to online resources belonging to the government while conducting services. If removal of equipment from the VA is required, any memory storage devices, such as hard drives, solid state drives and non-volatile memory units will remain in VA control and will not be removed from VA custody.

17.0 Privacy Officer

The contractor will not have access to protected Patient Health Information (PHI) nor will they have the capability of accessing patient information during the services provided to the VA and if removal of equipment from the VA is required, any memory storage devices, such as hard drives, solid state drives and non-volatile memory units will remain in VA control and will not be removed from VA custody. All research data available for Contractor analyses is de-identified.

18.0 Records Manager

Records Manager:

a. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR

Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

b. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of

44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

c. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for

Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law.

Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

d. STVHCS and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of STVHCS or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting

Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.

In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to STVHCS. The agency must report promptly to NARA in accordance with 36 CFR 1230.

e. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to STVHCS control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

f. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The

Contractor (and any sub-contractor) is required to abide by Government and STVHCS guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

g. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with STVHCS policy.

h. The Contractor shall not create or maintain any records containing any non-public STVHCS information that are not specifically tied to or authorized by the contract.

i. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

j. The STVHCS owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which STVHCS shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

k. Training. When applicable, all Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training, Talent Management System (TMS) Item #10176, Privacy and Information

Security, Rules of Behavior. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

SECTION C - CONTRACT CLAUSES

FAR

Number

Title Date

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST DEC 2011

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

APR 2014

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

JUL 2016

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS

OCT 2018

52.228-5 INSURANCE—WORK ON A GOVERNMENT

INSTALLATION

JAN 1997

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

852.203-70 COMMERCIAL ADVERTISING MAY 2018

C.1 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:

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C.

3509).

[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the

American Recovery and Reinvestment Act of 2009.)

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

(Oct 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).

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(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]

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

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

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

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

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

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

[X] (16) 52.219-8, Utilization of Small Business Concerns (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.

[X] (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.

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

[X] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

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

[X] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-

Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and

Air Conditioners (JUN 2016) (E.O. 13693).

[] (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014)

(E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

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

8259b).

[] (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT

2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

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

(AUG 2011)

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

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

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

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

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

[] (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014)

(41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19

U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-

283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I (MAY 2014) of 52.225-3.

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

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

[] (48) 52.225–5, Trade Agreements (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).

[] (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).

[] (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[] (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).

[] (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).

[X] (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. 637(d)(2) and

(3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.

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

(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 (OCT 2015) (38 U.S.C. 4212).

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

(x) 52.222-37, Employment Reports on Veterans (FEB 2016) (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…

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