36C25720Q0624-001.pdf

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

671-21-1-121-0013

36C25720Q0624

Delphia Schoenfeld 210-694-6336 05-20-2020

3PM ET/ 2PM CT

Department of Veterans Affairs

VISN17 Network Contracting Activity

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

San Antonio TX 78229

X

811219

$22 Million

N/A

X

Department of Veterans Affairs

South Texas VA Healthcare System

Laboratory/ Pathology

7400 Merton Minter Blvd.

San Antonio TX 78229-4401

Department of Veterans Affairs

VISN17 Network Contracting Activity

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

San Antonio TX 78229

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

This solicitation is for services to the FACS Canto II equipment.

The Government intends to award a Firm Fixed-Price contract for a base plus four option years to the Lowest Price

Technically Acceptable offer, provided by a responsible offeror, as a result of this solicitation.

Period of Performance:

Base: 10/1/2020-9/30/2021

Option 1: 10/1/2021-9/30/2022

Option 2: 10/1/2022-9/30/2023

Option 3: 10/1/2023-9/30/2024

Option 4: 10/1/2024-9/30/2025

Please see continuation pages for more information.

See CONTINUATION Page

X X

X 1

05-11-2020

36C25720Q0624

Table of Contents

SECTION A

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

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 INSTRUCTIONS TO OFFERORS

B.2 CONTRACT ADMINISTRATION DATA

B.3 STATEMENT OF WORK (SOW)

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

B.5 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAR 2020)

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.5 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL

ITEMS (APR 2020)

C.6 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE

(JUL 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

E.3 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (MAR

2020)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 INSTRUCTIONS TO OFFERORS

Evaluation Factors for Award

This solicitation is issued as Full and Open Competition. The vendor must be registered for NAICS

811219 in SAM to be eligible for award.

Quotations due 05/20/2020 at 3:00 p.m. EST (2:00 a.m. CST).

Email quotes to delphia.schoenfeld@va.gov

Point of Contact:

Delphia Schoenfeld Contract Administrator Regional Procurement Office West (RPO West) Network Contracting Office 17 (NCO 17) 7400 Merton Minter Blvd. (10N17/90C) San Antonio, TX 78229 Phone: 210-694-6342 delphia.schoenfeld@va.gov

Late quotes or documentation will not be accepted. All comments, or inquiries are to be submitted in writing to the Point of Contact, referenced above, prior to the closing of the solicitation.

I. Basis of Award

The Government intends to award a contract resulting from this solicitation to the responsible offeror whose quote conforming to the solicitation meets or exceeds the requirement at the lowest price, Lowest Price Technically Acceptable (LPTA). The quotes will be evaluated based on the evaluation factors listed below. The technical acceptability will be evaluated on an "acceptable" or "unacceptable" basis. The lowest price contractor will first be evaluated. If determined to be technically

“unacceptable,” the next lowest price response will be evaluated, and so on, until an offer is determined to be “acceptable.” The following areas will be evaluated:

1. Technical Acceptability (acceptable/unacceptable)

2. Price

Factor 1: Technical Acceptability – The contractor shall provide a written statement addressing each of the following items. The written statement must describe each point and must provide enough detail to determine minimum qualifications.

a. Description of Specifications: Provide a listing of specifications meeting the specifications contained in B.3 Product Description

b. Letter of Authorization: Provide a letter of authorization to distribute, if not the Original Equipment

Manufacturer (OEM), stating that offeror is authorized to perform the required services for this contract.

c. Past Performance: Contractor must have a “Satisfactory” past performance in providing services on similar or related equipment.

Factor 2: Price – Contractor shall complete B.4 Price/Cost Schedule. The schedule may be altered, or an alternate schedule used where appropriate in order to express quote detail.

mailto:delphia mailto:susan.flores2@va.gov

B.2 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C257

Department of Veterans Affairs

VISN17 Network Contracting Activity

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 Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly [X]

b. Semi-Annually []

c. Other []

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.3 STATEMENT OF WORK (SOW)

Scope

The STVHCS has a need for service and maintenance repair on the following Government owned Becton

Dickinson instrumentations:

• Svc FACS CANTO II Violet Laser 5 Day CN:338962 SN: V33896201874 Product#:642107

• Svc FACSLoader 5 Day CN:342065 SN: F34206501934 Product#:337748

• Svc Cont. LWA System 5 Day CN:337408 SN: K14600462 Product#337753

• Svc FACS CANTO II Violet Laser 5 Day CN:338962 SN: R33896203112 Product#:642107

• Svc FACSLoader 5 Day CN:342065 SN: R342065600430 Product#:337748

• Svc Cont. FACS SPA III 5 Day CN:647205 SN:X0020

These instrumentations are needed to perform Flow Cytometry on patient samples located in the Flow

Cytometry Laboratory of Pathology & Laboratory Medicine Service.

These instrumentations ensure efficient workflow, allowing technicians to scan a barcode or manually enter sample information into a worklist. Patient samples are loaded into the primary tube rack. These samples are then analyzed on the BD flow cytometer as part of a system for automated data acquisition and analysis. Instrument maintenance procedures for priming, rinsing, and cleaning are managed by predefined software settings that are unique to BD. The probe change procedure has been simplified and is now performed using the software interface, further reducing exposure to biohazards. The BD instrumentation are a complete package of instrumentation, software, and reagents for sample prep and data acquisition and analysis.

The proposed vendor will provide at minimum the following services and maintenance:

• BD FACS Canto QTY 2:

o Coverage will include the BD FACS CANTO with one Computer Workstation and three lasers for labor, travel, expenses and parts for the following (Printers not included):

o 2 Preventative Maintenance Inspections to be performed during a twelve-month period including 2 PM kits o 24 hour guaranteed response to request for emergency onsite services services M-F, excludes holidays o Software revisions released during agreement term included o Unlimited service visits during term of this agreement 5 days per week M-F o Unlimited telephone support for instrumentation, reagent and applications.

• BD FACS Loader QTY 2:

o Covers BD FACS Loader for labor and travel expenses, and parts o Unlimited service visits, M-F excludes holidays o Unlimited telephone support for instruments, reagents and applications will be provided at no additional charge.

• BD LWA QTY 1:

o Coverage is for the BD FACS Lyse and Wash Assistant for travel expense, and parts o 1 preventative maintenance inspection to be performed in a twelve-month period o Unlimited Service Visits M-F excludes holidays o Unlimited telephone support for instrumentation, regains and applications o Software revisions released during agreement term o 24-hour Emergency response M-F onsite service

• BD SPA III QTY 1:

o Covers BD FACS Sample Prep Assistant (SPA III) with one workstation, for labor, travel expense and parts o 1 Preventive Maintenance Inspection to be performed during a twelve-month period.

o 1PM kit o Software revisions released during the Agreement term.

o 24-hour guaranteed response to a request for emergency on-site service o Unlimited service visits during the term of the agreement, Monday through Friday excluding BD Biosciences holidays.

o Unlimited telephone support for instruments, reagents and applications will be provided at no additional charge.

Location

The service and maintenance repair will be used on the Government owned BD instrumentation located in the Flow Cytometry Laboratory of the STVHCS.

Period of Performance

Base:10/1/2020-9/30/2021

OY1:10/1/2021-9/30/2022

OY2:10/1/2022-9/30/2023

OY3:10/1/2023-9/30/2024

OY4:10/1/2024-9/30/2025

Deliverables/Supplies

As needed service maintenance and repair on the BD instrumentation

Government Inherent Functions:

Contractor shall not perform inherently governmental functions. This includes, but is not limited to, determination of agency policy, determination of Federal program priorities for budget requests, direction and control of government employees, selection or non-selection of individuals for Federal

Government employment including the interviewing of individuals for employment, approval of position descriptions and performance standards for Federal employees, approving any contractual documents, approval of Federal licensing actions and inspections, and/or determination of budget policy, guidance, and strategy.

General Duties, Requirements, and Expectations:

1. Be professionally competent to handle required duties.

2. Work with staff to ensure safety measures are in place and documented.

3. Services provided under the terms of this contract are required to be in compliance with the

American Association of Blood Banks (AABB) and College of American Pathologists (CAP) accreditation policies and all applicable Federal, State and Government laws required by the

Veteran’s Healthcare System and VHA Handbook 1106.1.

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

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.].

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4.00 QTR __________________ __________________

FACSCanto II Violet Laser 5-Day

Customer Material# 338962, Serial #V33896201874, Manufacturer Product # 642107.

Coverage Includes the BD FACSCanto with one (1) Computer Workstation (Excluding Printers) and Three (3) Lasers for Labor, Travel Expenses and Parts (Excluding Consumable Items), for the following:

- 2 Preventative Maintenance Inspections to be Performed During a 12-Month Period, Including 2 PM Kits

- 24-Hour Guaranteed Response to a Request for Emergency On-Site Service, Monday-Friday Coverage, Excluding Holidays

- Software Revisions Released During the Agreement Term

- Unlimited Service Visits During the Term of Agreement Five (5) per week

- Unlimited Telephone Support for Instruments, Reagents, and Applications to be Provided at No Additional Charge

- Workstation Printers Will No Longer have On-Site or Mail-In Repair Service Support Contract Period: Base POP Begin: 10-01-2020 POP End: 09-30-2021

FACSLOADER 5-Day

Customer Material # 342065, Serial # F34206501934, Manufacturer Product # 337748.

This Plan Covers the FACSLOADER for Labor, Travel Expenses, and Parts (Excluding Consumables) for the Following:

- Unlimited Service Visits, Monday-Friday, Excluding Holidays

- Unlimited Telephone Support for Instruments, Reagents, and Applications to be Provided at No Additional Charge Contract Period: Base

Services for LWA System 5-Day

Customer Material # 337408, Serial # K14600462, Manufacturer Product # 337753 This Plan Covers the BD FACS LYSE/Wash ASSISTANT (LWA), For Travel Expenses and Parts (Excluding Consumables) for the Following:

- One (1) Preventative Maintenance Inspections to be Performed During a 12-Month Period

- Unlimited Service Visits, Monday-Friday, Excluding Holidays

- Unlimited Telephone Support for Instruments, Reagents, and Applications to be Provided at No Additional Charge

- Software Revisions that are Released During Agreement Term

- Every Reasonable Effort will be Made to Respond to a Request for Emergency On-Site Service (Monday-Friday, Excluding Holidays) within 24 Hours.

Contract Period: Base POP Begin: 10-01-2020

Services for FACSCanto II 4/2/2 5-Day

Customer Material # 338962, Serial # R33896203112, Manufacturer Product # 642107.

Coverage Includes the BD FACSCanto with One (1) Computer Workstation (Excluding Printers) and three (3) Lasers for Labor, Travel Expenses, and Parts (Excluding Consumable Items) for the Following:

- Two (2) Preventative Maintenance Inspections to be Performed During a 12-Month Period, Including 2 PM Kits

- 24-Hour Guaranteed Response to a Request for Emergency On-Site Service, Monday-Friday Coverage, Excluding Holidays

- Software Revisions Released During the Agreement Term

- Unlimited Service Visits During the Term of the Agreement Five (5) Per Week

- Unlimited Telephone Support for Instruments, Reagents, and Applications to be Provided at No Additional Charge

- Workstation Printers will No Longer have On-Site or Mail-In Repair Service Support Contract Period: Base

Services for FACSLOADER

Customer Material # 342065, Serial # R342065600430, Manufacturer Product # 337748.

This Plan Covers the FACSLOADER for Labor, Travel Expenses, and Parts (Excluding Consumables) for the following:

- Unlimited Service Visits, Monday-Friday, Excluding Holidays

- Unlimited Telephone Support Instruments, Reagents, and Applications to be Provided at No Additional Charge Contract Period: Base

Services for FACS SPA III 5-Day

Customer Material # 647205, Serial # X0020, Manufacturer Product # 648303.

This Plan covers the BD FACS Sample Prep Assistant (SPA III), with One (1) Workstation (Excluding Printers) and Parts (Excluding Consumables) for the Following:

- One (1) Preventative Maintenance Inspection to be Performed during a 12-Month Period

- 1 PM Kit will be Provided

- Software Revisions that are Released During Agreement Term

- 24-Hour Guaranteed Response to a Request for Emergency On-Site Service

- Unlimited Service Visits during the Term of the Agreement, Monday-Friday, Excluding Holidays

- Unlimited Telephone Support for Instruments, Reagents, and Applications to be Provided at No Additional Charge

- Workstation Printer will no Longer have On-Site or Mail-In Repair Service Support Contract Period: Base POP Begin: 10-01-2020

Customer Material# 338962, Serial #V33896201874, Manufacturer Product # 642107.

Coverage Includes the BD FACSCanto with one (1) Computer Workstation (Excluding Printers) and Three (3) Lasers for Labor, Travel Expenses and Parts (Excluding Consumable Items), for the following:

- 2 Preventative Maintenance Inspections to be Performed During a 12-Month Period, Including 2 PM Kits

- 24-Hour Guaranteed Response to a Request for Emergency On-Site Service, Monday-Friday Coverage, Excluding Holidays

- Software Revisions Released During the Agreement Term

- Unlimited Service Visits During the Term of Agreement Five (5) per week

- Unlimited Telephone Support for Instruments, Reagents, and Applications to be Provided at No Additional Charge

- Workstation Printers Will No Longer have On-Site or Mail-In Repair Service Support Contract Period: Option 1 POP Begin: 10-01-2021 POP End: 09-30-2022

Customer Material # 342065, Serial # F34206501934, Manufacturer Product # 337748.

This Plan Covers the FACSLOADER for Labor, Travel Expenses, and Parts (Excluding Consumables) for the Following:

- Unlimited Service Visits, Monday-Friday, Excluding Holidays

- Unlimited Telephone Support for Instruments, Reagents, and Applications to be Provided at No Additional Charge Contract Period: Option 1

Customer Material # 337408, Serial # K14600462, Manufacturer

Product # 337753 This Plan Covers the BD FACS LYSE/Wash ASSISTANT (LWA), For Travel Expenses and Parts (Excluding Consumables) for the Following:

- One (1) Preventative Maintenance Inspections to be Performed During a 12-Month Period

- Unlimited Service Visits, Monday-Friday, Excluding Holidays

- Unlimited Telephone Support for Instruments, Reagents, and Applications to be Provided at No Additional Charge

- Software Revisions that are Released During Agreement Term

- Every Reasonable Effort will be Made to Respond to a Request for Emergency On-Site Service (Monday-Friday, Excluding Holidays) within 24 Hours.

Contract Period: Option 1 POP Begin: 10-01-2021

Customer Material # 338962, Serial # R33896203112, Manufacturer Product # 642107.

Coverage Includes the BD FACSCanto with One (1) Computer Workstation (Excluding Printers) and three (3) Lasers for Labor, Travel Expenses, and Parts (Excluding Consumable Items) for the Following:

- Two (2) Preventative Maintenance Inspections to be Performed During a 12-Month Period, Including 2 PM Kits

- 24-Hour Guaranteed Response to a Request for Emergency On-Site Service, Monday-Friday Coverage, Excluding Holidays

- Software Revisions Released During the Agreement Term

- Unlimited Service Visits During the Term of the Agreement Five (5) Per Week

- Unlimited Telephone Support for Instruments, Reagents, and Applications to be Provided at No Additional Charge

- Workstation Printers will No Longer have On-Site or Mail-In Repair Service Support Contract Period: Option 1

Customer Material # 342065, Serial # R342065600430, Manufacturer Product # 337748.

This Plan Covers the FACSLOADER for Labor, Travel Expenses, and Parts (Excluding Consumables) for the following:

- Unlimited Service Visits, Monday-Friday, Excluding Holidays

- Unlimited Telephone Support Instruments, Reagents, and Applications to be Provided at No Additional Charge Contract Period: Option 1

Customer Material # 647205, Serial # X0020, Manufacturer Product # 648303.

This Plan covers the BD FACS Sample Prep Assistant (SPA III), with One (1) Workstation (Excluding Printers) and Parts (Excluding Consumables) for the Following:

- One (1) Preventative Maintenance Inspection to be Performed during a 12-Month Period

- 1 PM Kit will be Provided

- Software Revisions that are Released During Agreement Term

- 24-Hour Guaranteed Response to a Request for Emergency On-Site Service

- Unlimited Service Visits during the Term of the Agreement, Monday-Friday, Excluding Holidays

- Unlimited Telephone Support for Instruments, Reagents, and Applications to be Provided at No Additional Charge

- Workstation Printer will no Longer have On-Site or Mail-In Repair Service Support Contract Period: Option 1

Customer Material# 338962, Serial #V33896201874, Product # 642107.

Coverage Includes the BD FACSCanto with one (1) Computer Workstation (Excluding Printers) and Three (3) Lasers for Labor, Travel Expenses and Parts (Excluding Consumable Items), for the following:

- 2 Preventative Maintenance Inspections to be Performed During a 12-Month Period, Including 2 PM Kits

- 24-Hour Guaranteed Response to a Request for Emergency On-Site Service, Monday-Friday Coverage, Excluding Holidays

- Software Revisions Released During the Agreement Term

- Unlimited Service Visits During the Term of Agreement Five (5) per week

- Unlimited Telephone Support for Instruments, Reagents, and Applications to be Provided at No Additional Charge

- Workstation Printers Will No Longer have On-Site or Mail-In Repair Service Support Contract Period: Option 2 POP Begin: 10-01-2022 POP End: 09-30-2023

Customer Material # 342065, Serial # F34206501934, Product # 337748.

This Plan Covers the FACSLOADER for Labor, Travel Expenses, and Parts (Excluding Consumables) for the Following:

- Unlimited Service Visits, Monday-Friday, Excluding Holidays

- Unlimited Telephone Support for Instruments, Reagents, and Applications to be Provided at No Additional Charge Contract Period: Option 2 POP Begin: 10-01-2022

Customer Material # 337408, Serial # K14600462, Product # 337753 This Plan Covers the BD FACS LYSE/Wash ASSISTANT (LWA), For Travel Expenses and Parts (Excluding Consumables) for the Following:

- One (1) Preventative Maintenance Inspections to be Performed During a 12-Month Period

- Unlimited Service Visits, Monday-Friday, Excluding Holidays

- Unlimited Telephone Support for Instruments, Reagents, and Applications to be Provided at No Additional Charge

- Software Revisions that are Released During Agreement Term

- Every Reasonable Effort will be Made to Respond to a Request for Emergency On-Site Service (Monday-Friday, Excluding Holidays) within 24 Hours.

Contract Period: Option 2

Customer Material # 338962, Serial # R33896203112, Product # 642107.

Coverage Includes the BD FACSCanto with One (1) Computer Workstation (Excluding Printers) and three (3) Lasers for Labor, Travel Expenses, and Parts (Excluding Consumable Items) for the Following:

- Two (2) Preventative Maintenance Inspections to be Performed During a 12-Month Period, Including 2 PM Kits

- 24-Hour Guaranteed Response to a Request for Emergency On-Site Service, Monday-Friday Coverage, Excluding Holidays

- Software Revisions Released During the Agreement Term

- Unlimited Service Visits During the Term of the Agreement Five (5) Per Week

- Unlimited Telephone Support for Instruments, Reagents, and Applications to be Provided at No Additional Charge

- Workstation Printers will No Longer have On-Site or Mail-In Repair Service Support Contract Period: Option 2

Customer Material # 342065, Serial # R342065600430, Product # 337748.

This Plan Covers the FACSLOADER for Labor, Travel Expenses, and Parts (Excluding Consumables) for the following:

- Unlimited Service Visits, Monday-Friday, Excluding Holidays

- Unlimited Telephone Support Instruments, Reagents, and Applications to be Provided at No Additional Charge Contract Period: Option 2 POP Begin: 10-01-2022

Customer Material # 647205, Serial # X0020, Product # 648303.

This Plan covers the BD FACS Sample Prep Assistant (SPA III), with One (1) Workstation (Excluding Printers) and Parts (Excluding Consumables) for the Following:

- One (1) Preventative Maintenance Inspection to be Performed during a 12-Month Period

- 1 PM Kit will be Provided

- Software Revisions that are Released During Agreement Term

- 24-Hour Guaranteed Response to a Request for Emergency On-Site Service

- Unlimited Service Visits during the Term of the Agreement, Monday-Friday, Excluding Holidays

- Unlimited Telephone Support for Instruments, Reagents, and Applications to be Provided at No Additional Charge

- Workstation Printer will no Longer have On-Site or Mail-In Repair Service Support Contract Period: Option 2

Customer Material# 338962, Serial #V33896201874, Product # 642107.

Coverage Includes the BD FACSCanto with one (1) Computer Workstation (Excluding Printers) and Three (3) Lasers for Labor, Travel Expenses and Parts (Excluding Consumable Items), for the following:

- 2 Preventative Maintenance Inspections to be Performed During a 12-Month Period, Including 2 PM Kits

- 24-Hour Guaranteed Response to a Request for Emergency On-Site Service, Monday-Friday Coverage, Excluding Holidays

- Software Revisions Released During the Agreement Term

- Unlimited Service Visits During the Term of Agreement Five (5) per week

- Unlimited Telephone Support for Instruments, Reagents, and Applications to be Provided at No Additional Charge

- Workstation Printers Will No Longer have On-Site or Mail-In Repair Service Support Contract Period: Option 3 POP Begin: 10-01-2023

POP End: 09-30-2024

Customer Material # 342065, Serial # F34206501934, Product # 337748.

This Plan Covers the FACSLOADER for Labor, Travel Expenses, and Parts (Excluding Consumables) for the Following:

- Unlimited Service Visits, Monday-Friday, Excluding Holidays

- Unlimited Telephone Support for Instruments, Reagents, and Applications to be Provided at No Additional Charge Contract Period: Option 3

Customer Material # 337408, Serial # K14600462, Product # 337753 This Plan Covers the BD FACS LYSE/Wash ASSISTANT (LWA), For Travel Expenses and Parts (Excluding Consumables) for the Following:

- One (1) Preventative Maintenance Inspections to be Performed During a 12-Month Period

- Unlimited Service Visits, Monday-Friday, Excluding Holidays

- Unlimited Telephone Support for Instruments, Reagents, and Applications to be Provided at No Additional Charge

- Software Revisions that are Released During Agreement Term

- Every Reasonable Effort will be Made to Respond to a Request for Emergency On-Site Service (Monday-Friday, Excluding Holidays) within 24 Hours.

Contract Period: Option 3

Customer Material # 338962, Serial # R33896203112, Product # 642107.

Coverage Includes the BD FACSCanto with One (1) Computer Workstation (Excluding Printers) and three (3) Lasers for Labor, Travel Expenses, and Parts (Excluding Consumable Items) for the Following:

- Two (2) Preventative Maintenance Inspections to be Performed During a 12-Month Period, Including 2 PM Kits

- 24-Hour Guaranteed Response to a Request for Emergency On-Site Service, Monday-Friday Coverage, Excluding Holidays

- Software Revisions Released During the Agreement Term

- Unlimited Service Visits During the Term of the Agreement Five (5) Per Week

- Unlimited Telephone Support for Instruments, Reagents, and Applications to be Provided at No Additional Charge

- Workstation Printers will No Longer have On-Site or Mail-In Repair Service Support

Contract Period: Option 3 POP Begin: 10-01-2023

Customer Material # 342065, Serial # R342065600430, Manufacturer Product # 337748.

This Plan Covers the FACSLOADER for Labor, Travel Expenses, and Parts (Excluding Consumables) for the following:

- Unlimited Service Visits, Monday-Friday, Excluding Holidays

- Unlimited Telephone Support Instruments, Reagents, and Applications to be Provided at No Additional Charge Contract Period: Option 3

Customer Material # 647205, Serial # X0020, Product # 648303.

This Plan covers the BD FACS Sample Prep Assistant (SPA III), with One (1) Workstation (Excluding Printers) and Parts (Excluding Consumables) for the Following:

- One (1) Preventative Maintenance Inspection to be Performed during a 12-Month Period

- 1 PM Kit will be Provided

- Software Revisions that are Released During Agreement Term

- 24-Hour Guaranteed Response to a Request for Emergency On-Site Service

- Unlimited Service Visits during the Term of the Agreement, Monday-Friday, Excluding Holidays

- Unlimited Telephone Support for Instruments, Reagents, and Applications to be Provided at No Additional Charge

- Workstation Printer will no Longer have On-Site or Mail-In Repair Service Support Contract Period: Option 3

Customer Material# 338962, Serial #V33896201874, Product # 642107.

Coverage Includes the BD FACSCanto with one (1) Computer Workstation (Excluding Printers) and Three (3) Lasers for Labor, Travel Expenses and Parts (Excluding Consumable Items), for the following:

- 2 Preventative Maintenance Inspections to be Performed During a 12-Month Period, Including 2 PM Kits

- 24-Hour Guaranteed Response to a Request for Emergency On-Site Service, Monday-Friday Coverage, Excluding Holidays

- Software Revisions Released During the Agreement Term

- Unlimited Service Visits During the Term of Agreement Five (5) per week

- Unlimited Telephone Support for Instruments, Reagents, and Applications to be Provided at No Additional Charge

- Workstation Printers Will No Longer have On-Site or Mail-In Repair Service Support Contract Period: Option 4 POP Begin: 10-01-2024 POP End: 09-30-2025

Customer Material # 342065, Serial # F34206501934, Product # 337748.

This Plan Covers the FACSLOADER for Labor, Travel Expenses, and Parts (Excluding Consumables) for the Following:

- Unlimited Service Visits, Monday-Friday, Excluding Holidays

- Unlimited Telephone Support for Instruments, Reagents, and Applications to be Provided at No Additional Charge Contract Period: Option 4 POP Begin: 10-01-2024

Customer Material # 337408, Serial # K14600462, Product # 337753 This Plan Covers the BD FACS LYSE/Wash ASSISTANT (LWA), For Travel Expenses and Parts (Excluding Consumables) for the Following:

- One (1) Preventative Maintenance Inspections to be Performed During a 12-Month Period

- Unlimited Service Visits, Monday-Friday, Excluding Holidays

- Unlimited Telephone Support for Instruments, Reagents, and Applications to be Provided at No Additional Charge

- Software Revisions that are Released During Agreement Term

- Every Reasonable Effort will be Made to Respond to a Request for Emergency On-Site Service (Monday-Friday, Excluding Holidays) within 24 Hours.

Contract Period: Option 4

Customer Material # 338962, Serial # R33896203112, Product # 642107.

Coverage Includes the BD FACSCanto with One (1) Computer Workstation (Excluding Printers) and three (3) Lasers for Labor, Travel Expenses, and Parts (Excluding Consumable Items) for the Following:

- Two (2) Preventative Maintenance Inspections to be Performed During a 12-Month Period, Including 2 PM Kits

- 24-Hour Guaranteed Response to a Request for Emergency On-Site Service, Monday-Friday Coverage, Excluding Holidays

- Software Revisions Released During the Agreement Term

- Unlimited Service Visits During the Term of the Agreement Five (5) Per Week

- Unlimited Telephone Support for Instruments, Reagents, and Applications to be Provided at No Additional Charge

- Workstation Printers will No Longer have On-Site or Mail-In Repair Service Support Contract Period: Option 4 POP Begin: 10-01-2024

Customer Material # 342065, Serial # R342065600430, Product # 337748.

This Plan Covers the FACSLOADER for Labor, Travel Expenses, and Parts (Excluding Consumables) for the following:

- Unlimited Service Visits, Monday-Friday, Excluding Holidays

- Unlimited Telephone Support Instruments, Reagents, and Applications to be Provided at No Additional Charge Contract Period: Option 4

Customer Material # 647205, Serial # X0020, Product # 648303.

This Plan covers the BD FACS Sample Prep Assistant (SPA III), with One (1) Workstation (Excluding Printers) and Parts (Excluding Consumables) for the Following:

- One (1) Preventative Maintenance Inspection to be Performed during a 12-Month Period

- 1 PM Kit will be Provided

- Software Revisions that are Released During Agreement Term

- 24-Hour Guaranteed Response to a Request for Emergency On-Site Service

- Unlimited Service Visits during the Term of the Agreement, Monday-Friday, Excluding Holidays

- Unlimited Telephone Support for Instruments, Reagents, and Applications to be Provided at No Additional Charge

- Workstation Printer will no Longer have On-Site or Mail-In Repair Service Support Contract Period: Option 4

GRAND TOTAL __________________

B.5 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY DELIVERY DATE

0001-

SHIP TO: Department of Veterans Affairs South Texas VA Healthcare System 7400 Merton Minter Blvd San Antonio, TX 78229

USA

ALL 10/1/2020-

9/30/2025

MARK FOR: Kristen Delgado-Williams 210-617-5300 x15135 kristen.delgado-williams@va.gov

SECTION C - CONTRACT CLAUSES

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

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

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

(End of Clause)

FAR Number Title Date

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE JUL 2016

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS OCT 2018

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS

DEC 2013

52.237-3 CONTINUITY OF SERVICES JAN 1991

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAR 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 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:

[] (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 (MAR 2020) (15 U.S.C. 657a).

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

[X] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR

2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

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

[] (13) [Reserved]

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

[] (ii) Alternate I (MAR 2020).

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

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

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

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

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

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

[] (iv) Alternate III (MAR 2020) of 52.219-9.

[] (v) Alternate IV (AUG 2018) of 52.219-9.

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

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

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

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020)

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

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

632(a)(2)).

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

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business

Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

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

644(r)).

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

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

[] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

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

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

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

[X] (31)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

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

[X] (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

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

[X] (33) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

[] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)

(E.O. 13496).

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (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).

[] (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

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

[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

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

[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

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

[] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

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

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

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

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

[] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s

13423 and 13514).

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

[X] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

[] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

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

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

[] (48) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (49)(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.

[] (50) 52.225–5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT

2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10

U.S.C. 2302 Note).

[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

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

U.S.C. 5150).

[] (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (56) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

[X] (57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct

2018) (31 U.S.C. 3332).

[] (58) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management

(Jul 2013) (31 U.S.C. 3332).

[] (59) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (60) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[] (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

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

[] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

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

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

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

(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.