36C25720A0006-007.pdf

Public Content

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 25

36C25720A0006 36C25720Q0141 01-10-2020

Renetta Prince 210-694-6323 03-05-2020

36C257

Department of Veterans Affairs

VISN17 Network Contracting Activity

5441 Babcock Rd. Ste. 302

San Antonio TX 78240

721110

$35 Million

N/A

7400 Merton Minter Blvd.

San Antonio, TX 78229

1515 Holcombe BLVD

Houston, TX 77030

VISN17 Network Contracting Activity

5441 Babcock Rd. Ste. 302

San Antonio TX 78240

5NWN6

EMPIRE HOSPITALITY, LLC

EMPIRE HOTEL GROUP

901 OFFICERS ROW

VANCOUVER WA 98661

717.437.1322 831757047

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

This is a single-award Blanket Purchase Agreement (BPA) for South Texas Veterans Health Care System on an as needed basis up to 10 rooms per day for the San Antonio, TX Hotel Lodging.

The contractor shall reserve rooms in Houston, TX after notification from Medical Administration Service representative and release for public use at 7 pm if not needed.

See BPA Terms and Conditions for details.

Orders will be placed via BPA order/call. This document does not obligate any funds. Funds will be obligated through a separate BPA orders.

$0.00

X X

X 1

Antonio Jackson

Branch Chief

3/25/20Sierra Fisher, Director of Government Sales 3-25-2020

03-25-2020

X

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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

B.3 PERFORMANCE WORK STATEMENT

B.4 BPA Terms and Conditions

SECTION C - CONTRACT CLAUSES

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

C.2 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)

C.3 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.4 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)

C.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2020)

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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: Empire Hospitality, LLC 901 Officers Row Vancouver, WA 98661

` DUNS: 831757047

TAX ID: 38-3786262

b. GOVERNMENT: Contracting Specialist Renetta Prince, 36C257

Network Contracting Office 17 5441 Babcock Road, Suite 302.

San Antonio, Texas 78240

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

[] 52.232-33, Payment by Electronic Funds Transfer—System for Award

Management, 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 in arrears

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.

All invoices must be submitted through the Tungsten Network located at:

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

This is mandatory and the sole source for submitting invoices.

Invoices must show billing per CLIN.

CLIN Description QTY Unit Unit Price Extended

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

AMENDMENT NO DATE

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

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0001 02/04/20220

0002 02/11/2020

0003 03/05/2020

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B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2,196.00 EA $92.0000 $202,032.00

Lodging and transportation services for visiting patients of the Audie L. Murphy VA

Medical Center, located at 7400 Merton Minter Blvd, San Antonio, TX 78229. The rooms must be in compliance with the Americans with Disabilities Act and must be within 5-miles of Audie L. Murphy VA Medical Center in SAN ANTONIO, TX. "Full Kitchen Required" Contract Period: Base POP Begin: 03-25-2020 POP End: 03-24-2021

1,464.00 EA $77.0000 $112,728.00

Medical Center, located at 7400 Merton Minter Blvd, San Antonio, TX 78229. The rooms must be in compliance with the Americans with Disabilities Act and must be within 5-miles of Audie L. Murphy VA Medical Center in SAN ANTONIO, TX. “No Full Kitchen Required” Contract Period: Base

1,200.00 EA $92.4300 $110,916.00

Lodging and transportation services for visiting patients of the MD Anderson

Medical Center, located at 1515 Holcombe Blvd, Houston, TX 77030. The rooms must be in compliance with the Americans with Disabilities Act and must be within 5-miles of MD Anderson Medical Center in Houston, TX. “No Full Kitchen Required” Contract Period: Base

Ordering Period 1 Total $425,676.00

2,196.00 EA $92.4700 $203,064.12

Medical Center, located at 7400 Merton Minter Blvd, San Antonio, TX 78229. The rooms must be in compliance with the Americans with Disabilities Act and must be within 5-miles of Audie L. Murphy VA Medical Center in SAN ANTONIO, TX. "Full Kitchen Required" Contract Period: Option 1 POP Begin: 03-25-2021 POP End: 03-24-2022

1,464.00 EA $78.5000 $114,924.00

Medical Center, located at 7400 Merton Minter Blvd, San Antonio, TX 78229. The rooms must be in compliance with the Americans with Disabilities Act and must be within 5-miles of Audie L. Murphy VA Medical Center in SAN ANTONIO, TX. “No Full Kitchen Required” Contract Period: Option 1 POP Begin: 03-25-2021 POP End: 03-24-2022

1,200.00 EA $95.2000 $114,240.00

Medical Center, located at 1515 Holcombe Blvd, Houston, TX 77030. The rooms must be in compliance with the Americans with Disabilities Act and must be within 5-miles of MD Anderson Medical Center in Houston, TX. “No Full Kitchen Required” Contract Period: Option 1

Ordering Period 2 Total $432,228.12

2,196.00 EA $94.7600 $208,092.96

Medical Center, located at 7400 Merton Minter Blvd, San Antonio, TX 78229. The rooms must be in compliance with the Americans with Disabilities Act and must be within 5-miles of Audie L. Murphy VA Medical Center in SAN ANTONIO, TX. "Full

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Kitchen Required" Contract Period: Option 2 POP Begin: 03-25-2022 POP End: 03-24-2023

1,464.00 EA $80.9600 $118,525.44

Medical Center, located at 7400 Merton Minter Blvd, San Antonio, TX 78229. The rooms must be in compliance with the Americans with Disabilities Act and must be within 5-miles of Audie L. Murphy VA Medical Center in SAN ANTONIO, TX. “No Full Kitchen Required” Contract Period: Option 2 POP Begin: 03-25-2022

1,200.00 EA $98.0600 $117,672.00

Medical Center, located at 1515 Holcombe Blvd, Houston, TX 77030. The rooms must be in compliance with the Americans with Disabilities Act and must be within 5-miles of MD Anderson Medical Center in Houston, TX. “No Full Kitchen Required” Contract Period: Option 2 POP Begin: 03-25-2022

Ordering Period 3 Total $444,290.40

2,196.00 EA $96.6500 $212,243.40

Medical Center, located at 7400 Merton Minter Blvd, San Antonio, TX 78229. The rooms must be in compliance with the Americans with Disabilities Act and must be within 5-miles of Audie L. Murphy VA Medical Center in SAN ANTONIO, TX. "Full Kitchen Required" Contract Period: Option 3 POP Begin: 03-25-2023 POP End: 03-24-2024

1,464.00 EA $83.3600 $122,039.04

Medical Center, located at 7400 Merton Minter Blvd, San Antonio, TX 78229. The rooms must be in compliance with the Americans with Disabilities Act and must be within 5-miles of Audie L. Murphy VA Medical Center in SAN ANTONIO, TX. “No Full Kitchen Required” Contract Period: Option 3

1,200.00 EA $100.9900 $121,188.00

Medical Center, located at 1515 Holcombe Blvd, Houston, TX 77030. The rooms must be in compliance with the Americans with Disabilities Act and must be within 5-miles of MD Anderson Medical Center in Houston, TX. “No Full Kitchen Required” Contract Period: Option 3

Ordering Period 4 Total $455,470.44

2,196.00 EA $98.5500 $216,415.80

Medical Center, located at 7400 Merton Minter Blvd, San Antonio, TX 78229. The rooms must be in compliance with the Americans with Disabilities Act and must be within 5-miles of Audie L. Murphy VA Medical Center in SAN ANTONIO, TX. "Full Kitchen Required" Contract Period: Option 4 POP Begin: 03-25-2024 POP End: 03-24-2025

1,464.00 EA $83.8300 $122,727.12

Medical Center, located at 7400 Merton Minter Blvd, San Antonio, TX 78229. The rooms must be in compliance with the Americans with Disabilities Act and must be within 5-miles of Audie L. Murphy VA Medical Center in SAN ANTONIO, TX. “No Full Kitchen Required” Contract Period: Option 4

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POP Begin: 03-25-2024

1,200.00 EA $104.0400 $124,848.00

Medical Center, located at 1515 Holcombe Blvd, Houston, TX 77030. The rooms must be in compliance with the Americans with Disabilities Act and must be within 5-miles of MD Anderson Medical Center in Houston, TX. “No Full Kitchen Required” Contract Period: Option 4 POP Begin: 03-25-2024

Ordering Period 5 Total $463,990.92

GRAND TOTAL $2,221,655.88

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B.3 PERFORMANCE WORK STATEMENT

Description/Specification/Work Statement

Introduction. This basic contract Statement of Work (SOW) defines the scope for lodging requirements. The Contractor to provide the South Texas Veterans Health Care System

(STVHCS), authorized veteran patients, caregivers and donors with hotel/motel lodging in San

Antonio, TX and Houston, TX.

Performance Period: The contractor shall complete required work detailed in this SOW upon contract award, unless otherwise directed by the Contracting Officer (CO). The performance periods of the contract are identified in Table 1.

FY20 Ordering Period 1 25 March 2020 – 24 March 2021

FY21 Ordering Period 2 25 March 2021 – 24 March 2022

FY22 Ordering Period 3 25 March 2022 – 24 March 2023

FY23 Ordering Period 4 25 March 2023 – 24 March 2024

FY24 Ordering Period 5 25 March 2024 – 24 March 2025

Table 1

Type of Contract: This is a Blanket Purchase Agreement Contract for rooms EXCLUSIVELY set aside for use of veteran patients, families or designated caregivers.

The STVHCS DOES NOT guarantee a minimum quantity for San Antonio, Tx. Estimated annual quantity of rooms for San Antonio, Texas are found in table 2.

San Antonio, Texas

Service Requester

# Regular

Rooms

# Hncp Rooms

Days per year

Total Annual

Rooms

Bone Marrow 4 2 366 2196

Medical Administration Service 3 1 366 1464

Total 7 3 3660

Table 2

As required by FAR 52.216-22, “Indefinite Quantity” clause contained in this solicitation, the minimum quantity of hotel/motel rooms that will be required by The South Texas Veterans

Health Care System, Audie L. Murphy Division, Bone Marrow Transplant Department on the awarded contract is 2190 rooms for the base year and if exercised unilaterally at the

Government’s Discretion Ordering Period I, Ordering Period II and Ordering Period III is 2196 rooms per year.

NOTE 1: The contractor shall ensure ten (10) rooms are set aside each day in San Antonio, Texas for this contract. Rooms may be released for public use at 7 pm if not needed

The STVHCS DOES NOT guarantee a minimum quantity for Houston, Tx. Estimated quantity of rooms in Houston are found in table 3.

Service Requester

Total Annual Rooms

Medical Administration Service 1200

Total 1200

Table 3

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NOTE 2: The contractor shall reserve rooms in Houston, Tx after notification from Medical

Administration Service representative and release for public use at 7 pm if not needed.

NOTE 3: The contractor shall be paid full price based on awarded contract pricing for occupied rooms.

Scope. The contractor shall be responsible for ensuring contracted lodging facilities meets or exceeds the following criteria and are included with the awarded room price:

Rooms will be located on the ground floor if there is no public elevator access readily available.

Lodging to be furnished to the veteran patients authorized by the South Texas Veterans Health

Care System (STVHCS). Veterans will be arriving by public transportation from the airport or private vehicles from their referring VAMC.

Lodgers must be able to check in at all hours to accommodate veterans flight/travel schedule.

All rooms must be compliant with requirements outlined in The Americans with Disabilities Act

(Public Law 101-336) (42 U.S.C. 12101 et. Seq.), and the Hotel and Motel Safety Act of 1990

(Public Law 101-391) (15 U.S. C. 2201 et Seq).

NOTE: ADA service animals will be allowed in the hotel, room, and transport vehicles.

All rooms must be compliant with the requirements of the National Fire Protection Association

(NFPA) 101, Chapter 29, Life Safety code.

The VA will conduct annual fire and health safety inspections or as required. Documents of fire and health inspections by the City of San Antonio will be provided on review by the VA inspectors.

VA lodgers shall include the veterans and their spouse/family member or caregiver (veteran plus one).

The Lodging facility must be within a 5-mile radius from:

Audie L. Murphy VA Medical Center, 7400 Merton Minter Blvd, San Antonio, TX 78229.

MD Anderson Medical Center, 1515 Holcombe Blvd, Houston, TX 77030.

NOTE: Contractors must provide a map outlining the route from the lodging facilities to the hospital.

Lodging facility shall provide transportation from the hotel to the hospital and from the hospital to the hotel between the hours of 7 a.m. to 11 p.m., 7 days a week as required by lodgers; and to and from the grocery store and nearby shopping malls twice a week per patient.

Parking availability at no charge and must be within close proximity of rooms.

All rooms must be located on the ground floor for handicapped patients, unless there is an accessible public elevator. The lodging facility must block off the number per day each day as identified above. Rooms shall be held indefinitely and exclusively for the use of South Texas VA

Healthcare patients, family members and caregivers.

- Rooms shall have two (2) queen-size beds per room.

- Continental breakfast or equivalent.

- Suites/Rooms must be equipped with full kitchen to include cook-top stoves, pots and pans, utensils, coffeemaker (with filters if required), microwave ovens or toaster ovens, and full refrigerator with ice trays.

- Laundry facilities must be available on premises.

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- Housekeeping services will be provided at a minimum of three (3) times per week which will include light room cleaning and damp dusting. Towel exchanges will be made daily.

Rugs will be vacuumed using a HEPA filtered vacuum cleaner. After vacuuming, the carpeted area shall be free of all visible dirt, debris, litter and other foreign matter. A wipe down will be required after cleaning if there is any indication of mold or mildew in refrigerators or shower areas. (An EPA approved quaternary disinfectant will be used for cleaning; a 1:10 bleach solution). Daily cleaning and disinfecting of all surfaces to include sinks, toilet bowls, showers, shower mats, dispensers, plumbing fixtures, partitions, stalls, stall doors, entry doors, handles, kickplates, ventilation grates, metal guards and wall areas adjacent to wall toilets, dispensers, doors, walls, and other such surfaces, using a germicidal detergent and free of odor. Toilet area must be free of stains, scum and other deposits. Showers free of soap films, scum and other deposits. Trash containers are to be free of odors and visible dirt. Floors, baseboards, corners and wall edges must be free of dirt, dust and debris. Glass and mirrors are to have no traces of film, dirt, smudges or water. All horizontal surfaces must be damp dusted or cleaned to eliminate dust collection.

- 25” color TV in each room with remote and minimum basic cable to include network channels.

- Telephone service must be provided in each room with free local calls and voicemail.

Long distance calls will be the responsibility of the veteran.

- Hotel premises security will be provided and ensured.

- Prior to occupancy by new tenant, the rooms shall be thoroughly cleaned. A checklist shall be utilized with a rating system to evaluate the cleanliness of each room.

- The Lodging facility is responsible to develop customer satisfaction surveys, and a mechanism trend to gather input for veterans lodged at the facility under this contract.

The customer satisfaction survey should measure specific standards are being met by the lodging facility for example: cleanliness of the rooms, courtesy of the clerks and hotel staff, appropriateness of the rooms assigned (i.e. handicap accessible). Survey results will be submitted to the STVHCS Contracting Officer’s Technical Representative (COTR) monthly. Lodging facility is required to maintain hard copies of the survey results for an audit.

- The Government reserves the right, at any time before and after contract awards and during the term of the contract, to inspect available rooms and all other areas of the complex; access to which is necessary to ensure a safe and healthy environment for the

STVHCS occupants. This includes, but is not limited to:

- Floors, baseboards, corners and wall edges shall be free of dirt, dust and debris. Glass and mirrors shall have no traces of film, dirt, smudges or water. Stairways shall be free of dirt, debris, marks, smudges, scuffs and other foreign matter. Carpets shall not be torn and free of dirt, debris, litter and other foreign matters and are securely installed to avoid tripping hazards. Window treatments shall be free of stain, dust and mold, hung by all drapery hooks, free of wear and tears. Ceiling tiles and light fixtures are to be free of stain and mold.

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- Pest Management: There shall be no observation of roaches, ants or any other pests that will cause an unhealthy environment.

- Restrooms shall be disinfected, free of dirt, deposits, streaks and odors. Showers shall be disinfected and free of soap film, scum and other deposits. Floor shall be free of litter, dirt, dust and debris.

- Linen items shall not be torn, overly worn and must be free of stains.

BILLING:

Billing by contractor should be sent to:

Invoices must be submitted through Tungsten Network located at:

Payment to be made in monthly in arrears by certified invoices and must contain contract number and obligation number to be considered valid. Invoices contain personal patient information and must be controlled. Vouchers must be maintained under 100% control by lodging management and under lock and key or in a safe until returned to Medical

Administrative Service for processing for payment Vouchers will not be copied by lodging management.

One spouse, caregiver or family member of veteran will be permitted to stay in the room at NO

ADDITIONAL CHARGE to the veteran or the VA. No lodging fees will be charged to the veteran. Any expenses incurred in addition to those covered by the lodging (i.e. unauthorized meals, damages, movie channels, room services, long distance calls, etc) are not the responsibility of the STVHCS.

The room rate per night will not include city, state or federal sales tax, from which the STVHCS is exempt from paying.

PATIENT EMERGENCIES:

In the event an STVHCS referred occupant is in an emergency of any kind, the Contractor shall contact (911) to respond to the emergency. Additionally, the Contractor shall immediately contact one of the following individuals:

VA Position / Duty Title Phone # Hours

Contracting Officer Rep (Bone

Marrow)

210-617-5300 ext. 15012

Mon - Fri 8 am - 4:30 pm excluding holidays

Bone Marrow Transplant

Director

210-617-5268 excluding holidays

Contracting Officer Rep (MAS)

210-617-5300 ext. 15969

Assistant Chief, MAS

210-617-5137

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Administrative Officer of the

Day

210-617-5162

After normal duty hrs.

including holidays.

SPECIAL NOTE: Contractor shall use a facility that is compliant with the requirements of the

Hotel and Motel Safety Act of 1990 (Public Law 101-391)(15 U.S.C. 220 et. Seq) and is listed on the U.S. Fire Administration Hotel and Motel National Master List found at http://www.usfa.fema.gov/hotel/search.cfm. Offers proposing facilities that are not listed will be rejected as nonresponsive. In addition, the offerer's facility must be compliant with the requirements of the American Disabilities Act (Public Law 101-336) (42 U.S.C. 12101 et. Seq).

Only hotels that can meet the requirements and provide items as listed above may respond to this solicitation. Award will be made to the offeror determined to be the Best Value to the government.

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.

Privacy Officer: The contractor will not have access to Patient Health Information (PHI) nor will they have the capability of accessing patient information during the services provided to the VA.

Records Manager: There will be no federal records created, maintained, used or dispositioned with this contract; regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.].

FACILITY PROGRAM OFFICE POINT OF CONTACT (AUTHORIZED USERS):

Contracting Officer's Representative (COR): Cynthia Salgado, Medical Administrative (office)

210-617-5300 x15996, email at Cynthia.Salgado@va.gov.

Alternate Contracting Officer's Representative (COR, Preeti Patel, Medical Administrative

Service Line Chief at 210-617-5137, email at : Preeti.Patel@va.gov.

http://www.usfa.fema.gov/hotel/search%20.cfm mailto:Cynthia.Salgado@va.gov mailto:Preeti.Patel@va.gov mailto:Michael.Klumpp@va.gov

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B.4 BPA Terms and Conditions

BPA Terms and Conditions

1. DESCRIPTION OF AGREEMENT: This is a pre-negotiated Blanket Purchase Agreement

(BPA) for the Hotel Lodging Reservations Service for the South Texas Veterans Health Care

System (STVHCS). Under this BPA, the Contractor will provide Hotel Lodging Reservation

Services within 5 miles for the (STVHCS) located at the Audie L. Murphy VA Medical Center, 7400 Merton Minter Blvd, San Antonio, TX 78229 and MD Anderson Medical Center, 1515

Holcombe Blvd, Houston, TX 77030.

2. EXTENT OF OBLIGATION: The government shall be obligated only to the extent of authorized orders actually made under this BPA.

3. PERIOD OF PERFORMANCE: Ordering period is anticipated to be from 03/25/2020 to

03/24/2025 with the base ordering period anticipated to be from 03/25/2020 to 03/24/2021.

4. BPA COMPLETION: This BPA will be considered complete upon expiration of the specified period of performance. No further calls or orders are authorized to be placed against the BPA once it is complete and the contractor shall not accept calls or orders for services covered under the BPA once it is complete.

5. ORDER (CALL) LIMITATIONS: When placed by the Contracting Officer Representative

(COR), the individual purchase (call) shall not exceed $10,000.00. Any other individual purchase by other authorized personnel shall not exceed $2,500.00.

6. PRICING: Prices or discounts quoted to the government shall be as low or lower than those charged under the supplier's most favored customers for comparable quantities under similar terms and conditions, in addition to any discounts for prompt payment.

7. INDIVIDUALS AUTHORIZED TO ORDER UNDER THIS BPA: Patients will present an authorized VA Referral Form signed by the authorized VA Contracting Officer Representative

(COR). Ordering Officers may be delegated after award and updated by a Contract Modification to this BPA.

8. INVOICE. An itemized invoice shall be submitted monthly for all completed services during a billing period and for which payment has not been received.

a. Invoices shall be submitted through the Tungsten Network located at http://www.fsc.va.gov/einvoice.asp. A courtesy copy shall be emailed to

Cynthia.Salgado@va.gov to ensure timely review of invoice.

b. The period of any discounts will commence on the final date of the billing period or on the date of receipt of invoices for all deliveries accepted during the billing period, whichever is later.

c. Invoices shall contain the following minimum information.

i. Name of Veteran mailto:Cynthia.Salgado@va.gov

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ii. Veteran’s Social Security Number (Last four only)

iii. Room Number and Days of Stay

iv. Cost per night

v. Hotel Name

9. DISCOUNT TERMS. As stated on individual invoices.

10. PAYMENTS. Payments will be made by through Tungsten at http://www.fsc.va.gov/einvoice.asp.

11. COMPLIANCE WITH APPLICABLE FEDERAL, STATE AND LOCAL

REQUIREMENTS. In performing work under this agreement, the Contractor shall comply with all relevant federal, state and local statutes, ordinances, laws and regulations.

12. PROVISIONS ON CONTRACTING OFFICERS AUTHORITY. The Contracting Officer

Representative (COR) is the only person authorized to approve changes in any of the requirements under this agreement, and notwithstanding any provision contained elsewhere in this agreement, said authority remains solely with the Contracting Officer Representative (COR).

In the event the contractor effects any such change at the direction of any person other than the

Contracting Officer Representative (COR), the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

13. CANCELLATION: This agreement may be terminated by either party upon ninety (90) day written notice.

14. GOVERNMENT FURNISHED PROPERTY/EQUIPMENT: There is no Government-furnished property for this requirement.

15. PRICE LIST: The contractor shall submit an annual price list (rate sheet) to the Contracting

Officer Representative (COR) for approval and to establish the agreement rates. Subsequent changes in prices may be indicated by the submission of a new price list at least thirty days prior to the effective date of the requested change but a no more than annually. The Contracting

Officer must approve the changes prior to incorporation into this agreement. The contractor may offer voluntary price reductions (discounts) for previously approved items or rates without written approval.

Additional Information:

BPA Master Dollar Limit: $3,000,000

BPA Call Limit: $10,000

PSC: V231

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SECTION C - CONTRACT CLAUSES

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

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

(End of Clause)

C.2 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)

(a) Definition. "Small business concern," as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) Applicability. This clause applies only to—

(1) Contracts that have been totally set aside or reserved for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

(End of Clause)

C.3 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

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

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(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

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

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

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a

Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

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

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

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

Standards Institute (ANSI).

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

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting

Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office.

Submission of payment requests by mail may be required for—

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

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

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

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

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

(End of Clause)

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C.4 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS

(JAN 2008)

The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority. A copy of the designation shall be furnished to the contractor.

(End of Clause)

C.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

FAR

Number

Title Date

52.203-16 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

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

JAN 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

JUL 2016

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING

DELINQUENT TAX LIABILITY OR A FELONY CONVICTION

UNDER ANY FEDERAL LAW

FEB 2016

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

852.203-70 COMMERCIAL ADVERTISING MAY 2018

C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(JAN 2020)

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

Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

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Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L.

115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115–232).

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

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

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

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

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

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

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

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

Debarred, Suspended, or Proposed for Debarment. (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).

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[] (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.

[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)).

[X] (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

(OCT 2019) (15 U.S.C. 657f).

[] (22) 52.219-28, Post Award Small Business Program Representation (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)).

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

[X] (26) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2020)

(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.

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[] (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.

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

(AUG 2011)

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

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

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

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

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

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

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

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

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

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

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

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

[] (48) 52.225–5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[] (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).

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[] (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)).

[] (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).

[] (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).

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

[] (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) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115–232).

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(v) 52.219–8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and

(3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $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.

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