36C25720Q1180.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 87

549-21-1-5554-0003

36C25720Q1180 08-07-2020

Ognian Ivanov (210) 694-6302 08-13-2020

15:00

Department of Veterans Affairs

VISN17 Network Contracting Activity

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

San Antonio TX 78229

X 100

X

562111

$41.5 Million

N/A

X

VA North Texas Health Care System

Bonham VA Hospital

1201 E. Ninth St., Bonham TX 75418

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 non-personnel services contract to provide solid waste pickup from the designated locations:

VA North Texas Health Care System, Bonham VA Hospital

This solicitation is SDVOSB set-aside.

The Government intends to award a firm-fixed price contract to the Lowest Price Technically Acceptable (LPTA) vendor.

See CONTINUATION Page x X

Shantelle L Mayfield

36C25720Q0972

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

INSTRUCTIONS TO OFFERORS

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 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 (JUN 2020)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...33

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

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

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

COMPLIANCE (JUL 2018)

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

E.4 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (JUN 2020)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C257 Shantelle L Mayfield

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

[X] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [x] Upon performance

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

INSTRUCTIONS TO OFFERORS

Evaluation Factors for Award

This solicitation is issued as a SDVOSB set aside. The vendor must be registered for NAICS 562111 in

SAM to be eligible for award.

Quotations due 08/13/2020 at 3 p.m. CST.

Point of Contact:

Ognian Ivanov

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 6302 ognian.ivanov@va.gov

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

mailto:ognian.ivanov@va.gov

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 be evaluated first. 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.

Description of Specifications: Provide a listing of specifications meeting the specifications contained in

Product Objectives in the Statement of Work (SOW). Provide a written statement of how your company plan to meet the performance goals and criteria listed in the Statement of Work (SOW). This statement shall prove that your company understand the requirement and how you plan to meet the performance goals.

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

Solid Waste Pickup and Disposal Environmental Management Service VA North Texas Health Care System, Bonham VA Hospital

Part 1

GENERAL

General Information

1. GENERAL. This is a non-personnel services contract to provide solid waste pickup from the designated locations. The proposed containers shall minimize spills and the exposure of waste to the environment during collection. The goal is to improve cleanliness, improve aesthetics, reduce infestation and promote healthier surroundings. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1. DESCRIPTION OF SERVICES/INTRODUCTION. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform solid waste disposal services as defined in this Performance Work Statement except for those items specified as Government furnished property and services. The Contractor shall perform to the standards in this contract.

1.1.2. OBJECTIVES. The contractor shall collect and dispose of approximately 100 Tons monthly of wet solid waste (trash) compiled by historical values as an average. The VA shall not be held responsible to any quantity of waste that is actually generated during the contract period.

1.1.3. SCOPE. The contractor shall pickup and dispose of solid waste. Services include solid waste collection at designated locations of the hospital:

A. Three (3) 20 yards compactors B. There (3)- 8 Cubic Yard Container C. Two (2) – 40 Yards Open Top containers

The collection locations shall have a front load dumpster/container(s) with a variety of volume/weights of solid waste per container generated per week.

Pick up frequencies are provided in the chart below. The pickup areas shall remain clean, neat, and free of infestation as a result of solid waste disposal. Schedules shall be confirmed throughout the life of the contract and arrangements shall be made in the best interest of the

VA.

SERVICE CONTAINERS, LOCATION & FREQUENCY

Line Item Container Location Size Frequency

0001 Morton Building 40 Yard Open Top Once per week

0002 Field 40 Yard Open Top On Call Basis (

0003 Building 29 CLC. 20 yards compactor 2 X per month

0004 Building 24

20 yards compactor 2 X per month

0005 Building 1 & 2 20 yards compactor 2 X per month

0006 Other Locations 1 x 8yd container Once per week

0007 Other Locations 1 x 8yd container Once per week

0008 Other Locations 1 x 8yd container Once per week

Note: (if a pick-up date falls on holiday, the contractor will come on day after the holiday.)

1.2. PERSONNEL

1.2.1. CONTRACT MANAGER. The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and alternate (s) who shall act for the contractor when the manager is absent shall be designated in writing to the Contracting Officer.

1.2.1.1. AUTHORITY. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

1.2.1.2. AVAILABILITY. The contract manager or alternate shall be available within 3 hours to meet on the installation with government personnel designated by the Contracting Officer to discuss problem areas any time the work is performed at VA North Texas Health Care System, Bonham VA Hospital.

1.2.1.3. EMPLOYEES. Contractor personnel will present a neat appearance and be easily recognized. This may be accomplished by wearing distinctive clothing bearing the name of the company or by wearing appropriate badges which contain the company name and employee name. All employees and representatives of the Contractor must be fluent enough in the English language to read and understand chemical labels/signs and to converse intelligibly with the

COR.

1.2.2. ACCESS LIMITATION. Only authorized Contractor employees are allowed inside the VA complexes. Contractor employees are not to be accompanied in the work area by acquaintances, family members, assistants, or any other person unless said person is an authorized Contractor employee.

1.3. QUALITY CONTROL

1.3.1. ESTABLISH AND MAINTAIN. The contractor shall establish and maintain a complete Quality Control Plan to ensure the requirements of the contract are provided as specified. One copy of the contractor's Quality Control Plan shall be provided to the Contracting Officer with the contractor's proposal. An updated copy shall be provided to the Contracting Officer as changes occur.

1.3.2. CONTENT. The plan shall comply with the requirements of FAR 52.246.4, Inspection of Services—Fixed Price, which is incorporated in section C-1 of the contract. The plan shall include the following:

1.3.2.1. INSPECTION SYSTEM. An inspection system covering all the services specified in this PWS; must specify the areas to be inspected on a scheduled or unscheduled basis, how often inspection will be accomplished, and the title of the individual (s) who will perform the inspections.

1.3.2.2. IDENTIFICATION AND PREVENTION. The methods for identifying and preventing defectives in the quality of service performed before performance becomes unacceptable.

1.3.2.3. RECORDS. On-site records of all inspections conducted by the contractor and necessary corrective action taken. This documentation shall be made available to the government during the term of the contract.

1.3.3. GOVERNMENT REVIEW. The government will review the Contractor Quality Control Plan (QCP) to determine if it is adequate. If the plan is adequate, the government will accept the plan. If the plan is not adequate as submitted, the deficiencies will be identified to the contractor in writing. The contractor shall correct all identified deficiencies and submit a corrected Contractor Quality Control Plan within ten working days or contract start date, whichever is sooner. The government will also periodically review the manner in which the contractor is conducting the quality control program by either reviewing the contractor's records, observing actual performance or both.

1.4. QUALITY ASSURANCE (QA).

1.4.1. CONTRACTING OFFICER'S REPRESENTATIVE (COR), PROJECT INSPECTOR (PI).

Government personnel, with titles such as shown above shall be appointed to monitor contractor performance and to inspect and accept or reject the services as required by the contract. The name and telephone number of each such person under the contract will be furnished to the contractor in writing by the Contracting Officer.

1.4.2. GOVERNMENT EVALUATION. The government will evaluate the contractor's performance under this contract using the method of surveillance deemed appropriate. If the government QA reveals that any contract provision has not been met, a Contract Discrepancy Report (CDR) shall be prepared. The contractor shall respond to CDRs by completing the appropriate blocks explaining: (1) why performance was unacceptable, (2) how performance will be returned to acceptable levels, and (3) how recurrence of the problem will be prevented in the future.

1.4.3. PERFORMANCE EVALUATION MEETINGS. The contract manager may be required to meet periodically with the COR and the Contracting Officer during the contract. Meetings shall be as often as necessary as determined by the Contracting Officer. However, if the contractor requests, a meeting will be held whenever a Contract Discrepancy Report is issued. The meetings shall focus on performance and actual or potential problems. A mutual good faith effort shall be made by all parties to resolve all issues. The written minutes of these meeting shall be signed by the contract manager, Contracting Officer, and COR. If the contractor does not concur with the minutes, notice of non-concurrence shall be provided to the Contracting Officer. This notice shall be in writing and provided within seven workdays of receipt of the minutes.

1.5. HOURS OF OPERATION

1.5.1. DAILY WORK HOURS. All required pickups shall be accomplished on Mondays, Through Friday during normal government working hours. Services are expected to be performed between the hours of 6:00 AM and 6:00 PM, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. In the event the scheduled pick-up falls on a holiday the contractor coordinates with the COR to designate pickup for the next business day.

All work schedules must be coordinated with the COR to include emergency pickups or unforeseen emergencies on the part of the contractor.

1.5.2. RECOGNIZED HOLIDAYS. The contractor is not required to provide service on the following Federal observed holidays: New Year's Day, Martin Luther King's birthday, Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, and Christmas Day. When a holiday falls on a Sunday, the following Monday is observed as a legal holiday by U.S. Government agencies. When a holiday falls on a Saturday, the preceding Friday is observed as a holiday by U.S. Government agencies.

1.6. PLACES OF PERFORMANCE

1.61. PLACES OF PERFORMANCE. Work under this contract shall be performed at the BONHAM Veterans Hospital located at 1201 E. Ninth St., Bonham, TX. 75418

1.6.2. SECURITY REQUIREMENTS. There are no specific security requirements for this contract.

1.6.3. PHYSICAL SECURITY. The Contractor shall be responsible for safeguarding all Government equipment, information and property provided for Contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured

1.6.4. CONFIDENTIALITY AND NONDISCLOSURE

It is agreed that:

1. The preliminary and final deliverables and all associated working papers, electronic files, course materials and reports, and other material deemed relevant by the Government which has been generated by the Contractor in the performance of this service are the exclusive property of the U.S. Government and shall be submitted to the Contracting Officer at the conclusion of the contract.

2. The Contracting Officer will be the sole authorized official to release verbally or in writing, any data, the draft deliverables, the final deliverables, or any other written or printed materials pertaining to this service. There shall be no information released by the Contractor. Any request for information relating to this contract presented to the Contractor shall be submitted to the Contracting Officer for response.

3. Press releases, marketing material or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the Contracting Officer.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS.

2.1.1. CONTRACTOR: A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER: A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the Government.

Note: The only individual who can legally bind the Government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR): An employee of the U.S.

Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE: A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5. DELIVERABLE: Anything that can be physically delivered but may include non-manufactured things such as meeting minutes or reports.

2.1.6. KEY PERSONNEL: Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7. PHYSICAL SECURITY: Actions that prevent the loss or damage of Government property.

2.1.8. QUALITY ASSURANCE: The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9. QUALITY ASSURANCE Surveillance Plan (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

2.1.10. QUALITY CONTROL: All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11. SUBCONTRACTOR: One that enters into a contract with a prime Contractor. The Government does not have privy of contract with the subcontractor.

2.1.12. WORKDAY: The number of hours per day the Contractor provides services in accordance with the contract.

2.1.12. WORK WEEK: Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

CDR Contract Discrepancy Report CFR Code of Federal Regulations CO Contracting Officer COR Contracting Officer Representative COTS Commercial-Off-the-Shelf FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 IAW In Accordance With POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES

3.1 NONE

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES

4.1. GENERAL. The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this SOW.

4.2. EQUIPMENT/MATERIALS. The Contractor shall provide the appropriate containers and personnel to dispose of solid waste in accordance with the Performance Work Statement. The Contractor shall provide two (2) 40-yard Open Top container, Nine (9) -8 cubic yard closable containers.

4.3. FEDERAL, STATE, AND LOCAL REPORTING. The contractor is responsible for supplying, completing and submitting all reports required or requested by Federal, State or local ordinances, which pertain to any duties contained in the contract.

4.4. CONSERVATION OF UTILITIES. The contractor shall instruct employees in utilities' conservation practices and be responsible for operating under conditions which preclude the waste of utilities, which shall include:

4.4.1. LIGHTING. n/a

4.4.2. MECHANICAL EQUIPMENT. n/a

4.4.3. WATER USAGE. Water faucets or valves shall be turned off after the required usage has been accomplished.

4.5. DOCUMENTATION AND RECORDS. All documentation, records and schedules as described in this PWS that is the responsibility of the contractor, are the property of the government and shall be turned over to the government upon completion or termination of the contract. All records are subject to the Freedom of Information and Privacy Acts and any requests for release of any records shall be handled accordingly.

4.6. BUSINESS ASSOCIATES AGREEMENT (BAA). In accordance with the requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), this contract will require a Business Associate Agreement. The contractor will enter into a Business Associates Agreement (BAA) with the Department of Veterans Affairs, unless a previously executed BAA is on file. The BAA is an instrument that will hold the contractor liable for any release of confidential medical information by any of its employees. A copy of a BAA is provided in the Contract Documents, Exhibits, Or Attachments section.

4.7. POST AWARD CONFERENCE/PERIODIC PROGRESS MEETINGS. The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the contracting officer will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

4.8. KEY PERSONNEL. The following personnel are considered key personnel by the Government:

The Contractor Representative’s name and telephone number must be provided by the contractor with the proposal. The Contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the Contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 7:00 a.m. to 3:30p.m., Monday thru Friday except Federal holidays or when the Government facility is closed for administrative reasons.

Please submit a resume of related jobs performed for all key personnel.

4.9. IDENTIFICATION OF CONTRACTOR EMPLOYEES. All contract personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed. Third parties must be able to identify that contractor personnel are employed by the contractor.

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. BASIC SERVICES. The Contractor shall provide services for solid waste removal and furnish an adequate, covered containers (Dumpsters) in which the waste can be contained until carried away for disposal. The unit shall be designed to prevent leakage, minimizes odors, keep out insects, and other pests. The contractor will be responsible for the continued cleanliness of waste containers; there are no designated cleaning areas on the government complex.

5.2. PICKUP FREQUENCY. Solid Waste collection shall be performed as frequently as needed. Schedules shall be confirmed throughout the life of the contract and arrangements shall be made in the best interest of the VA.

5.2.1. SOLID WASTE PICKUP. Solid waste collection shall be performed per the schedule above. The exception will be made for holidays and severe weather days. Schedules shall be confirmed throughout the life of the contract and arrangements shall be made in the best interest of the VA.

5.2.2 FAILURE TO RESPOND. If the Contractor fails to respond, within two (2) hours to an urgent request for pick-up services, or misses a scheduled pick-up; or fails to respond within two

(2) hours to a request for repair of Contractor provided compactor equipment, a deduction of 1/30 of the rate that would be charged for the current month shall be taken for that day and for each twenty-four (24) hour period thereafter, that the requested service is not accomplished due to non-responsiveness. This penalty will be waived under unusual and extraordinary circumstances, those circumstances, those circumstances over which the Contractor has no control. Waiving of the penalty shall be at the discretion of the Contracting Officer with recommendation from the COR.

5.3. CONTAINER MAINTENANCE. Container should be steam cleaned and disinfected before being place at the medical center. It shall be the Contractor’s responsibility to ensure that all equipment/supplies and/or materials required during the performance of the work will comply with all Conformance Standards in the industry. All self-contained roll off compactors shall be designed for dock usage. The contractor also has the responsibility for maintaining/repairing the equipment/materials, supplies required at no cost to the VA. The containers shall be kept neat in appearance, repaired, painted when warranted (i.e. appearance of rust spots, stains, excessively chipped areas, etc.) and replaced immediately if broken or non-functional.

Contractor must coordinate with the COR or his designated representative prior to performing any maintenance/repair work at this Facility and again upon completion of work prior to leaving the Facility. Contractor shall comply with all applicable Federal, State and local laws, Veterans Affairs rules and regulations and obtain all required permits applicable to its performance under this contract. For any maintenance repairs lasting more than one day, the contractor must provide an alternate (open top) container. Contractor must obtain a hot permit from Engineering Service located in Building 9 for any welding work. The contractor shall provide a self-contained unit.

5.3.1 REPAIR AND BACKUP COMPACTOR SERVICE. Should Contractor provided compacting equipment become inoperable, the Contractor shall be given notification that repair is needed. The Contractor shall respond within (2) hours after receiving the notification. If repair is estimated to take more than four (4) hours (from arrival of the service technician on site) then the Contractor shall, at no additional charge to the Government, provide replacement container to be utilized for full operation at no additional charge to the Government.

5.4. CLEANLINESS. Contractor is responsible to pick up all (excess/spilled) solid waste or debris on the ground upon pulling the solid waste dumpsters away from the area. This is to be done before leaving the medical center premises prior to going to the landfill.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 YR __________________ __________________

Container Location: Morton Building:

Size: 40 Yard Open Top Frequency: Once per week Contract Period: Base POP Begin: 10-01-2020 POP End: 09-30-2021

Container Location: Field Size: 40 Yard Open Top Frequency: On Call Basis

Contract Period: Base

POP End: 09-01-2021

Container Location: Building 29 CLC.

Size: 20 yards compactor Frequency: 2 X per month Contract Period: Base

POP End: 09-01-2021

Container Location: Building 24 Size:20 yards compactor Frequency: 2 X per month Contract Period: Base

Container Location: Building 1 & 2 Size: 20 yards compactor Frequency: 2 X per month Contract Period: Base

Size: 40 Yard Open Top Frequency: Once per week Contract Period: Option 1 POP Begin: 10-01-2021 POP End: 09-30-2022

Contract Period: Option 2 POP Begin: 10-01-2022 POP End: 09-30-2023

Size: 20 yards compactor Frequency: 2 X per month

Contract Period: Option 1

Size: 20 yards compactor Frequency: 2 X per month Contract Period: Option 1

Size: 20 yards compactor Frequency: 2 X per month Contract Period: Option 1

Size: 40 Yard Open Top Frequency: Once per week Contract Period: Option 2

Contract Period: Option 3

Size: 20 yards compactor Frequency: 2 X per month Contract Period: Option 2

Size: 20 yards compactor Frequency: 2 X per month Contract Period: Option 1

Size: 40 Yard Open Top Frequency: Once per week Contract Period: Option 3 POP Begin: 10-01-2023 POP End: 09-30-2024

Size: 20 yards compactor Frequency: 2 X per month Contract Period: Option 3

Contract Period: Option 3

Size: 40 Yard Open Top Frequency: Once per week Contract Period: Option 3 POP Begin: 10-01-2024 POP End: 09-01-2025

POP End: 09-30-2025

POP End: 09-01-2025

Size: 20 yards compactor Frequency: 2 X per month Contract Period: Option 3

Size: 20 yards compactor

Contract Period: Option 4

GRAND TOTAL __________________

B.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

0001 SHIP TO: Department of Veterans Affairs Sam Rayburn Memorial VA Center 1201 E. 9th St.

Bonham, TX 75418

USA

1.00 10/01/2020- 09/30/2021

MARK

FOR:

Eugene Uche 214-857-0535 Eugene.Uche@va.gov

0002 SHIP TO: Department of Veterans Affairs Sam Rayburn Memorial VA Center 1201 E. 9th St.

MARK

FOR:

Eugene Uche

0003 SHIP TO: Department of Veterans Affairs

1201 E. 9th St

MARK

FOR:

Eugene Uche

0004 SHIP TO: Department of Veterans Affairs

1201 E. 9th St.

MARK

FOR:

Eugene Uche

0005 SHIP TO: Department of Veterans Affairs

1201 E. 9th St.

MARK

FOR:

Eugene Uche

1001 SHIP TO: Department of Veterans Affairs

1201 E. 9th St.

1.00 10/01/2021- 09/30/2022

MARK

FOR:

Eugene Uche

1002 SHIP TO: Department of Veterans Affairs

1201 E. 9th St.

1.00 10/01/2022- 09/30/2023

MARK

FOR:

Eugene Uche

1003 SHIP TO: Department of Veterans Affairs

1201 E. 9th St.

MARK

FOR:

Eugene Uche

1004 SHIP TO: Department of Veterans Affairs

1201 E. 9th St Bonham, TX 75418

USA

FOR:

Eugene Uche

1005 SHIP TO: Department of Veterans Affairs

1201 E. 9th St.

MARK

FOR:

Eugene Uche

2001 SHIP TO: Department of Veterans Affairs

1201 E. 9th St.

MARK

FOR:

Eugene Uche

2002 SHIP TO: Department of Veterans Affairs

1201 E. 9th St.

MARK

FOR:

Eugene Uche

2003 SHIP TO: Department of Veterans Affairs

1201 E. 9th St.

MARK

FOR:

Eugene Uche

2004 SHIP TO: Department of Veterans Affairs

1201 E. 9th St Bonham, TX 75418

Eugene Uche

2005 SHIP TO: Department of Veterans Affairs

1201 E. 9th St.

MARK

FOR:

Eugene Uche

3001 SHIP TO: Department of Veterans Affairs

1201 E. 9th St.

1.00 10/01/2023- 09/30/2024

MARK

FOR:

Eugene Uche

3002 SHIP TO: Department of Veterans Affairs

1201 E. 9th St.

MARK

FOR:

Eugene Uche

3003 SHIP TO: Department of Veterans Affairs

1201 E. 9th St.

MARK

FOR:

Eugene Uche

3004 SHIP TO: Department of Veterans Affairs

1201 E. 9th St

Eugene Uche

3005 SHIP TO: Department of Veterans Affairs

1201 E. 9th St.

MARK

FOR:

Eugene Uche

4001 SHIP TO: Department of Veterans Affairs

1201 E. 9th St.

1.00 10/01/2024- 09/30/2025

MARK

FOR:

Eugene Uche

4002 SHIP TO: Department of Veterans Affairs

1201 E. 9th St.

MARK

FOR:

Eugene Uche

4003 SHIP TO: Department of Veterans Affairs

1201 E. 9th St.

MARK

FOR:

Eugene Uche

4004 SHIP TO: Department of Veterans Affairs

1201 E. 9th St

Eugene Uche

4005 SHIP TO: Department of Veterans Affairs

1201 E. 9th St.

MARK

FOR:

Eugene Uche

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

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

JUL 2016

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

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

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(JUN 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 (JUN 2020), with

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

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C.

3509).

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

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

American Recovery and Reinvestment Act of 2009.)

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

(JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved]

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

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

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

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

Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

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

(Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved]

[] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15

U.S.C. 657a).

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

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

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

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

[] (13) [Reserved]

[] (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.

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

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

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

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

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

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

[] (18) 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).

[x] (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 (JUN 2020) (38 U.S.C. 4212).

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

[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.

793).

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

[X] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

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

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

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

(JUN 2020) (E.O. 13513).

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

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

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

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

[] (48) 52.225-1, Buy American—Supplies (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).

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

[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41

U.S.C. 4505, 10 U.S.C. 2307(f)).

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

[X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management

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

[] (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award

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

[X] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

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

637(d)(13)).

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

2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

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

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

[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67).

Employee Class Monetary Wage-Fringe Benefits

231110 19.20

[X] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price

Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price

Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY

2014) (41 U.S.C. chapter 67).

[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[X] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

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

[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42

U.S.C. 1792).

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

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor

Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the dispute’s clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the

Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

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

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

3509).

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

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

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

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

115–91).

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

Surveillance Services or Equipment. (AUG 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.