36C25724Q0018.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. UEI: EFT:

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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

671-24-2-5539-0001

36C25724Q0018 10-02-2023

Jose Campa 210-617-5300 x60772 10-23-2023

11AM CDT

36C257

Department of Veterans Affairs VISN17 Network Contracting Activity 5441 Babcock Rd., Ste. 302 San Antonio TX 78240

X 100

X

562111

$47 Million

N/A

X

36C671

South TX Veterans Health Care System Audie L. Murphy VA Memorial Hospital Environmental Management Service 7400 Merton Minter Blvd.

San Antonio TX 78229-4401

36C257

Department of Veterans Affairs VISN17 Network Contracting Activity 5441 Babcock Rd., Ste. 302 San Antonio TX 78240

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

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

See CONTINUATION Page

Solid Waste Removal Contract for South TX Veterans Health Care System in accordance with Statement of Work.

See Price/Cost Schedule

Important Dates:

Site Visit: Thursday October 12, 2023, at 1330 to 1430 Location: South Texas Veterans Health Care System, Bldg. 039 Address: 7400 Merton Minter Blvd., San Antonio, TX 78229 POC: Ms. Holly McKenna, holly.mckenna2@va.gov

**PLEASE CONTACT POC IN ADVANCE TO CONFIRM ATTENDANCE

RFQ Questions Cut-Off Date/Time: 10-16-2023 @ 3:00pm CDT

See CONTINUATION Page

X X

X 1

36C25724Q0018

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION .................................................. Error! Bookmark not defined.

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 PRODUCTS AND

COMMERCIAL SERVICES (JUN 2023)

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) ... 26

C.5 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY

2014)

C.6 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.8 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.9 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.11 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) . 33

SECTION E - SOLICITATION PROVISIONS

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

1998) E.2 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

ITEMS

BASIS FOR AWARD

E.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.6 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

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

Department of Veterans Affairs

VISN17 Network Contracting Activity

5441 Babcock Rd., Ste. 302

San Antonio TX 78240

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [] Monthly - Upon Receipt

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

12.00 MO __________________ __________________

Municipal Solid Waste collection for South Texas Veterans Health Care System (ALMC, PTRP, FH, VS) in accordance with the Statement of Work.

Contract Period: Base POP Begin: 02-01-2024 POP End: 01-31-2025

Health Care System (Kerrville Medical Center) in accordance with the Statement of Work.

Contract Period: Base

Recycling Collection (ALMC, PTRP, FH, VS, KD).

Contract Period: Base

2.00 JB __________________ __________________

Unscheduled Solid Waste Collection (ALMC, PTRP, FH, VS, KD).

Contract Period: Base

Unscheduled Recycling collection (ALMC, PTRP, FH, VS, KD).

Contract Period: Base

1,200.00 TN __________________ __________________

Municipal Solid Waste Landfill Tipping Fees (ALMC, PTRP, FH, VS, KD). **Estimate Quantity of 1200 Tons**

Contract Period: Base

Health Care System (ALMC, PTRP, FH, VS) in accordance with the Statement of Work.

Contract Period: Option 1 POP Begin: 02-01-2025 POP End: 01-31-2026

Health Care System (Kerrville Medical Center) in accordance with the Statement of Work.

Contract Period: Option 1

Contract Period: Option 1

VS, KD).

Contract Period: Option 1

KD).

Contract Period: Option 1

FH, VS, KD). **Estimate Quantity of 1200 Tons**

Contract Period: Option 1

Health Care System (ALMC, PTRP, FH, VS) in accordance with the Statement of Work.

Contract Period: Option 2 POP Begin: 02-01-2026 POP End: 01-31-2027

Municipal Solid Waste collection for South Texas Veterans Health Care System (Kerrville Medical Center) in accordance with the Statement of Work.

Contract Period: Option 2

Contract Period: Option 2

VS, KD).

Contract Period: Option 2

KD).

Contract Period: Option 2

FH, VS, KD). **Estimate Quantity of 1200 Tons**

Contract Period: Option 2

Health Care System (ALMC, PTRP, FH, VS) in accordance with the Statement of Work.

Contract Period: Option 3 POP Begin: 02-01-2027 POP End: 01-31-2028

Health Care System (Kerrville Medical Center) in accordance with the Statement of Work.

Contract Period: Option 3

Contract Period: Option 3

VS, KD).

Contract Period: Option 3

KD).

Contract Period: Option 3

FH, VS, KD). **Estimate Quantity of 1200 Tons**

Contract Period: Option 3

Health Care System (ALMC, PTRP, FH, VS) in accordance with the Statement of Work.

Contract Period: Option 4 POP Begin: 02-01-2028 POP End: 01-31-2029

Health Care System (Kerrville Medical Center) in accordance with the Statement of Work.

Contract Period: Option 4

Contract Period: Option 4

VS, KD).

Contract Period: Option 4

KD).

Contract Period: Option 4

FH, VS, KD). **Estimate Quantity of 1200 Tons**

Contract Period: Option 4

GRAND TOTAL __________________

STATEMENT OF WORK

Solid Waste Pickup and Disposal Environmental Management Service

South Texas Veteran Health Care System (STVHCS)

GENERAL: This is a non-personnel services contract to provide materials, solid waste collection and disposal 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, maximize recycling efforts/revenues, 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.

DESCRIPTION of SERVICES/INTRODUCTION: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and nonpersonal services necessary to perform solid waste collection and disposal services as defined in this Statement of Work (SOW). The Contractor shall perform to the standards in this contract.

OBJECTIVES: The contractor shall collect and dispose of municipal solid waste (MSW) and recyclable commodities (RC) compiled by historical values as an average. The VA shall not be held responsible to any quantity of waste that is generated during the contract period.

SCOPE: The contractor shall collect and dispose of solid waste including municipal solid waste (MSW) and recyclable commodities (RC).

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. Additionally, collection locations shall have MSW & RC compactors and open top roll-off containers with lockable hard covers affixed. The pickup areas shall remain clean, neat, and free of infestation as a result of solid waste disposal. When the Contractor completes service at a location there shall be no litter, waste, or recyclable material on the ground within a 10-foot radius of the container, all compactors/containers are required to be self-contained. The historical MSW and RC tonnage is provided in table 1.

PERIOD MWS TONS RC TONS

FY23(Oct 2022 – June 2023) 859.93 128.32

FY22 1212.32 183.73

FY21 1209.73 193.28

FY20 1252.52 183.45

FY19 920.26 107.13

FY18 1066.68 236.62

TOTAL 6522.44 1032.53

Table 1.

Note1: An increase in weight is anticipated as part of the San-I-Pak projected for FY24.

Historical collection frequency data is provided in table 2. However, the Contractor shall establish initial vehicle routes and collection schedules upon contract award and submitted to the Contracting Officer (CO) five (5) calendar days prior to start of contract performance. The Contractor shall submit suggested adjustments to the initial pickup schedule and any required dumpster capacity (size and number of dumpsters) to ensure all MSW and recyclable materials are collected and disposed, while avoiding dumpster/receptacle overflow utilizing the minimum amount of required pickups. The Contractor may propose adjustments to the schedule at any time but as a minimum the Contracting Officer Representative (COR) and Contractor shall monitor fill capacities during the first 30-days of performance and during one other period to be agreed upon during the same performance period. No changes allowed to the schedule or haul route without CO or COR coordination.

CONTAINER LOCATION SW TYPE SIZE FREQUENCY

Audie L. Murphy Municipal Solid waste 30-cubic yd compactor 5x week Audie L. Murphy Recycling 40-cubic yd compactor weekly Audie L. Murphy Construction/Demolition 30-cubic yd open top 3x week Polytrauma Rehab Program

Municipal Solid waste 6-cubic yd dumpster 2x week

Fisher House Municipal Solid waste 6-cubic yd dumpster 2x week Villa Serena Municipal Solid waste 8-cubic yd dumpster 2x week Kerrville Medical Center Municipal Solid waste 30-cubic yd compactor 1x week Kerrville Medical Center Municipal Solid waste (5x) 4-cubic yd dumpster 1x week Kerrville Medical Center Cardboard 60’ cardboard bailer 1x month

Table 2.

Note: In the event collection schedule/date falls on a holiday, the contractor shall provide service the next day.

Note2: Due to pending/ongoing construction project at the Kerrville Medical Center it is necessary to remove the 30 cubic yd. compacter and replace an open top of similar size or larger depending on location (location TBD). Estimated length of this construction project is one year from the date it begins. Upon completion of construction project, the 30 cubic yd.

compactor can be put back into place for normal operations.

Unscheduled Pickup (IDIQ). In addition to the established scheduled collections, the CO or COR may request the Contractor make unscheduled additional collections and disposals using the Container Price List for MSW or RC. The Contractor maybe requested to survey the circumstances or situation and provide recommendation on quantity and capacity of the container(s) needed. The Contractor shall provide requested service within 2-hrs upon notification from the CO or COR.

Cardboard Recycling Proceeds. The Contractor shall remit a credit payment for sale of cardboard (OCC) only based on the Southwest Pulp and Paper Index high-side pricing. For instance, monthly pricing range $90 - $100 and total processed tonnage equals 20 tons = $100 X 20 tons = $2,000.00.

Processing Recycling Proceeds. The contractor shall provide the credit payment to STVHCS by certified check, money order, or wire transfer to Fund Control Point 8032 and indicate on monthly reports the waste stream(s) that resulted in a credit and the amount of credit generated by the sale of all recycled commodities.

PERSONNEL:

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.

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.

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.

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.

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.

QUALITY CONTROL:

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.

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.

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.

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

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.

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.

QUALIT ASSURANCE (QA):

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.

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.

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.

HOURS of OPERATION:

DAILY WORK HOURS. Services are expected to be performed between the hours of 5:30 AM and 10:00 AM, Monday through Friday 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 shall provide service the next business day.

RECOGNIZED HOLIDAYS. The Contractor shall ensure holidays are reflected in the schedules. The Contractor is not required to provide routine services on the following approved holidays:

New Year’s Day - 1 January Martin Luther King Day - 3rd Monday in January Washington’s Birthday - 3rd Monday in February

Memorial Day - last Monday in May Juneteenth – 19 June

Independence Day - 4 July Labor Day - 1st Monday in September

Columbus Day - 2nd Monday in October Veteran’s Day - 11 November

Thanksgiving Day - 4th Thursday in November Christmas Day - 25 December

If a holiday falls on a Saturday, the preceding Friday will be observed. If a holiday falls on Sunday, the following Monday will be observed. If a holiday falls on a scheduled service day, the Contractor will be responsible for rescheduling services for the first day after the holiday observance.

PLACES of PERFORMANCE:

Work under this contract shall be performed at the following locations:

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

- Polytrauma Transitional Rehabilitation Program: 4949 Gus Eckhert Rd, San Antonio, TX

78240

- Fisher House: 7485 Wurzbach Rd, San Antonio, TX 78229

- Villa Serena: 4455 Horizon Hill Blvd, San Antonio, TX 78229

- Kerrville Medical Center: 3600 Memorial Blvd, Kerrville, TX 78028

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

CONFIDENTIALITY and NONDISCLOSURE:

It is agreed that:

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.

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.

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.

DEFINITIONS and ACRONYMS:

DEFINITIONS:

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.

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.

CONTRACTING OFFICER REPRESENTIVIE (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.

DEFECTIVE SERVICE: A service output that does not meet the standard of performance associated with the SOW.

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

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 SOW. 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.

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

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

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

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

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

WORK-DAY: The number of hours per day the Contractor provides services in accordance with the contract.

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 HIPPA – Health Insurance Portability and Accountability Act of 1996 IW – In Accordance With POC – Point of Contact PRS – Performance Requirements Summary SOW – Statement of Work QA – Quality Assurance QAP – Quality Assurance Program QASP – Quality Assurance Surveillance Plan QC – Quality Control QCP – Quality Control Program TE – Technical Exhibit

GOVERNMENT FURNISHED ITEMS and SERVICES: The government will provide cardboard baling wire.

CONTRACTOR FURNISHED ITEMS and RESPONSIBILITIES:

GENERAL: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract in accordance with this SOW. The contractor must provide solutions/containers for each location which will maximize our ability to divert as much waste from the landfill as possible, maximizing our recycling efforts and revenues. Potential recycling efforts include Single Stream Recycling, Cardboard Baling, Metal Recycling, etc.

EQUIPMENT/MATERIALS: The Contractor shall provide the appropriate containers and personnel to dispose of waste streams in accordance with this SOW.

CONTRACTOR MAINTENACE: Container should be steam cleaned and disinfected before being place at the medical center. The government will allow the contractor about 1-hour and 30 minutes travel time, or a reasonable amount of time required to collect and haul compactors and roll-offs to landfill for disposal. 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. Within 4 hours of notification of unserviceable contractor furnished equipment, any maintenance or repairs, the contractor must provide an alternate container(s) sufficient to maintain normal refuse disposal operations at no additional cost to the government. Contractor must obtain a hot permit from Engineering Service for any welding work. The contractor shall provide a self-contained unit.

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 two (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) to bring the compactor back to “full performance”, then the Contractor shall, at no additional charge to the Government, provide sufficient containers to maintain normal refuse disposal operations until the compactor is placed back into service.

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.

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:

Lighting: N/A Mechanical Equipment: N/A

Water Usage: Water faucets or valves shall be turned off after the required usage has been accomplished.

DOCUMENTATION and RECORDS: All documentation, records and schedules as described in the SOW 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 requests for release of any records shall be handled accordingly.

BUSINESS ASSOCIATES AGREEMENT (BAA): In accordance with the requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPPA), the contract will require a Business Associate Agreement. The contract will enter into a Business Associates Agreement (BAA) with the Department of Veteran 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.

POST AWARD CONFERENCE/PERIODIC PROGRESS MEETING: 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, contractor officer 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 hose 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.

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.

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.

DOCUMENTATION: The contractor shall submit the following reports/documentation.

Weight Tickets: The Contractor shall submit a monthly report by the 10th of each month that includes weight tickets that reflect the disposed tonnage, date of disposal, and type of vehicle and cost of landfill tipping fees. The Contractor shall be reimbursed for tipping fees according to submitted invoices. The Contractor shall submit recycling weight tickets in monthly report broken out by date, commodity, weights, and sales proceeds.

Pulp and Paper Index (PPI): The contractor shall submit the PPI by the 15th of each month identifying the cardboard (OCC) price for the Southwest region.

(END OF STATEMENT OF WORK)

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

AUG 2020

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

DEC 2022

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

MAR 2023

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

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (JUN 2023)

(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 products and commercial services:

(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 (NOV 2021) (Section 1634 of Pub. L.

115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

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

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 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 products and commercial services:

[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (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]

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

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

[X] (9) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

[X] (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

[] (11) [Reserved]

[] (12) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[] (13) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (14) [Reserved]

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

[] (ii) Alternate I (MAR 2020) of 52.219-6.

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

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

[X] (17) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

[] (18)(i) 52.219–9, Small Business Subcontracting Plan (OCT 2022) (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 (SEP 2021) of 52.219–9.

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

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (20) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[] (21) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.

637(d)(4)(F)(i)).

[] (22) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C. 657f).

[X] (23) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (MAR 2023) (15 U.S.C. 632(a)(2)).

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

[] (24) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

[] (25) 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 (OCT 2022) (15 U.S.C. 637(m)).

[] (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (27) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[X] (28) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[] (29) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126).

[X] (30) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (31)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

[X] (32)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

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

[X] (33)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.

793).

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

[X] (34) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[X] (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

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

[X] (36)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (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] (37) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[] (38)(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.)

[] (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (41)(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.

[] (42)(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.

[] (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C.

8259b).

[] (44)(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] (45) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving

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

[] (46) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (47) 52.223-21, Foams (JUN 2016) (E.O. 13693).

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

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

[] (49)(i) 52.225-1, Buy American—Supplies (OCT 2022) (41 U.S.C. chapter 83).

[] (ii) Alternate I (OCT 2022) of 52.225–1.

[] (50)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (DEC 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved].

[] (iii) Alternate II (DEC 2022) of 52.225-3.

[] (iv) Alternate III (JAN 2021) of 52.225-3.

[] (v) Alternate IV (OCT 2022) of 52.225-3.

[] (51) 52.225–5, Trade Agreements (DEC 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (52) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (53) 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. Subtitle A, Part V, Subpart G Note).

[] (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C.

5150).

[] (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

[X] (56) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).

[] (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[] (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services

(NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[X] (59) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management

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

[] (60) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

[] (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.

637(d)(13)).

[] (64)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

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

[] (iii) Alternate II (NOV 2021) 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 products and commercial services:

[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 Laborer $20.14

Truck Driver – Medium $30.14

[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 for Contractor Workers Under Executive Order 14026

(JAN 2022).

[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (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 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 products or commercial services. 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 (NOV 2021) (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 (NOV 2021) (Section 1634 of Pub. L.

115–91).

(iv) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(v) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

(vi) 52.219–8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.

(vii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(viii) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

(ix) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(x) 52.222–36, Equal…