36C26319Q0862-001.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 79

636-20-1-5127-0002

36C26319Q0862 09-10-2019

SCOTT MORRISON scott.morrison2@va.gov 605-336-3230 09-20-2019

5:00PM

Department of Veterans Affairs

Network Contracting Office 23

2501 W 22nd Street

Sioux Falls SD 57105

X 100

X

Y

561990

$11 Million

N/A

X

Nebraska-Western Iowa Health Care System

4101 Woolworth Avenue

Omaha NE 68105

Network Contracting Office 23 (NCO 23)

2501 W 22TH St.

Sioux Falls SD 57105

Electronically via the Tungsten Network

Refer to VAAR Clause 852.232-72 below

Document Destruction Services for the VA Nebraska-Western Iowa

Health Care System and assigned locations listed in the statement of work below. This document represents a solicitation to establish a service contract containing a 12 month base and four each option years;

Base year: Period of Performance 11/01/2019 - 10/31/2020

Option Year 1 11/01/2020 - 10/31/2021

Option Year 2 11/01/2021 - 10/31/2022

Option Year 3 11/01/2022 - 10/31/2023

Option Year 4 11/01/2023 - 10/31/2024

See Section E within Addendum to FAR 52.212-1 for

Instructions to Offerors.

See Section E, FAR 52.212-2, for Evaluation Factors.

Multiple Department of Labor Wage Determination documents apply to services performed under a resulting contract.

See the attached Wage Determination documents.

636-20-1-5127-0002

636-3600162-5127-856400 2542 010056190 x X

X 1

Scott Morrison

NCO2316L2-65423

36C26319Q0862

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

Statement of Work

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT

2018)

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

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2019)

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) ... 35

C.5 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)

(DEVIATION 2019-01)

C.6 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION 2019-01)

C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.9 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS

HOTLINE POSTER (DEC 1992)

C.10 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.11 VAAR 852.228-71 INDEMNIFICATION AND INSURANCE (MAR 2018)

C.12 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.13 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

C.14 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

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

E.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (OCT 2018)

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

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

E.6 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.7 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 36C263 Scott Morrison, Contracting Officer

Sioux Falls VA Health Care System 2501 W 22nd Street Sioux Falls SD 57105

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 [] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [x] Monthly

4. GOVERNMENT INVOICE ADDRESS: The Department of Veterans Affairs, Financial

Services Center (FSC), has changed the accounts payable process and has transitioned to electronic invoicing. Your participation in this existing process is required in order to continue providing products or services to the Department of Veteran Affairs in compliance with the

Improper Payments Elimination and Recovery Act of 2010 (IPERA) and Mandate AN97. To begin submitting electronic invoices, free of charge, please visit the following website:

http://ob10.com/us/en/veterans-affairs-us/ and review the electronic invoicing process.

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

AMENDMENT NO DATE

http://ob10.com/us/en/veterans-affairs-us/

Statement of Work

1.

The Department of Veterans Affairs (VA) Nebraska-Western Iowa Health Care System (NWIHCS) intends procure services to provide document and media destruction services as described below. VA records are to be destroyed/ shredded at multiple on-site locations utilizing contractor provided mobile shredding equipment. The contractor shall provide shredding and disposition of paper and other media that contain sensitive information from the facility.

Services shall be provided by the Contractor in accordance with VA Directive 6371 Destruction of Temporary Paper Records, and shall follow the National Institute of Standards and Technology (NIST) Special Publication 800-88 (NISTSP 800-88) Guidelines for Media Sanitation.

The Contractor shall provide destruction services as described herein for the Department of Veterans Affairs - Nebraska Western Iowa Health Care System (NWIHCS) at the following locations:

Omaha VA Medical Center

4101 Woolworth Ave.

Omaha, NE 68105

Grand Island CBOC 2201 N. Broadwell Ave.

Grand Island, NE 68803

VA Center Mall

1941 S. 42nd St., Ste. 227

(2nd Floor, 5th Floor and Polytrauma)

Omaha NE 68105

Lincoln CBOC

600 S 70th St.

Lincoln NE 68510

VA Community Resource & Referral Center

819 Dorcas St.

Omaha, NE 68108

Bellevue CBOC

2501 Capehart Road

Bellevue, NE 68113

Holdrege CBOC

1118 Burlington St

Holdrege, NE 68949

North Platte CBOC

600 E. Francis, Suite 3 North Platte, NE 69101

Hruska Federal Courthouse

111 S. 18th Plaza, Suite C51

Room 111 Omaha, NE

68102

Shenandoah VA Clinic 512 S Fremont Shenandoah, IA 51601

Norfolk CBOC 710 S. 13th St., Suite 1200 Norfolk, NE 68701

PERIOD OF PERFORMANCE DATES:

Base year 11/01/2019 - 10/31/2020 Option Year 1 11/01/2020 - 10/31/2021 Option Year 2 11/01/2021 - 10/31/2022

Option Year 3 11/01/2022 - 10/31/2023

Option Year 4 11/01/2023 - 10/31/2024

* Following award of a contract, the COR and contractor shall establish a schedule of services that contain the dates and times of service to each location cited in this document.

The contractor shall provide the necessary locked collection bins. Containers shall have a keyed lock to limit access. All containers shall utilize the same key lock and/or key code. The contractor shall supply the VA

Contracting Officer's Representative (COR) keys to all containers. The contractor shall supply the COR with extra keys upon request.

2. Schedule of Services

COR = Contracting Officers Representative

CBOC = Community Based Out-Patient Clinic

a. The Contractor shall collect documents and media to be destructed from all containers at each location listed in the Schedule of Services at the frequencies noted above.

b. The containers will contain VA records and other material that may contain sensitive information. These records may include, but not limited to, paper, carbon paper, binders, folders, DVD’s, CD’s, VHS tapes and other non-paper materials.

The documents to be destructed will be placed in separate bines from the media to be destructed.

c. The Contractor shall destroy all collected material on site via a Contractor provided equipment designed for such a task.

FACILITY

Number of Bins to be provided and serviced by the contractor

Bin Size

Frequency of Pickups

Omaha VAMC 149 32 gallon 3 times per week

Grand Island CBOC 45 32 gallon 1 time per week

VA Center Mall 9 32 gallon 1 time per week

Lincoln CBOC 35 32 gallon 1 time per month

VA Community Resource Center 3 32 gallon Twice per month

Bellevue CBOC 2 32 gallon Twice per month

Holdrege CBOC 2 32 gallon Twice per month

North Platte CBOC 2 32 gallon Twice per month

Hruska Federal Courthouse 9 32 gallon 3 times per week

Shenandoah VA CBOC 2 32 gallon 1 time per month

Omaha VAMC (destruction of media only) 1 32 gallon Once every three months

Norfolk CBOC 2 32 gallon 1 time per month

d. The Contractor will shred paper material in accordance with VA Directive 6371

Destruction of Temporary Paper Records and NIST 800-88 Guidelines for Media

Sanitation. Guidelines require shredders to have cross-cutting capabilities which produce particles that are 1x5 millimeters in size, or disintegrator devices with a

3/32-inch security screen. See the attached VA Directive 6371 and NIST 800-88 documents.

e. If on-site mobile shredding equipment does not shred documents to meet the

1x5 millimeters in size, the Contractor or it’s sub-contractor must complete the destruction process by pulverization, bleaching, pulping or other means, approved in advance by the VA that will fully destroy the data to final destruction. Final destruction is defined as being non-readable or non-re-constructible to any degree.

f. The Contractor will shred all floppy disks, Reel and Cassette Format Magnetic Tapes according to appropriate guidelines. CD’s and DVD’s must be incinerated or shredded to a particle size with a nominal edge dimension of 5mm and a surface area of 25mm(squared).

3. Hours of Operations

Collection and shredding of all materials will be conducted according to the Schedule of

Services, during the normal business hours of each location which is typically 8:00AM to

4:30PM Central Time, Monday through Friday.

If the scheduled day of service occurs on a Government observed Federal holiday, the

Contractor shall provide services the next business day and will communicate this to the

VA Contracting Officer’s Representative (COR).

4. Supervision

The Contractor is responsible to ensure sufficient supervision is provided over contractor personnel for services performed.

• The Contractor shall provide all supplies, materials, equipment, labor supervision, management and transportation to perform all tasks as required per the contract.

5. Miscellaneous Requirements

a. Certificate of Destruction: A Certificate of Destruction shall be provided after each service visit. If the Contractor utilizes a sub-contractor for this purpose, a Certificate of Destruction must be provided by the sub-contractor.

If Final Destruction is not done on site certification must be provided later by the Contractor or it’s subcontractor (for example a pulping company) after final destruction has occurred at their facility. Final destruction is defined as documents being non- readable or non-re-constructible to any degree.

b. Certificate of Final Destruction: Written documentation that attests to the completion of the destruction process after the final destruction of VA temporary paper records have taken place. Certification documentation can be in the form of a letter, memo, or any format attesting to its complete destruction.

This certification is not considered a valid certification of destruction if completed and submitted prior to the final destruction of the records. The certification should contain sufficient information to attest to the final destruction of the temporary paper records – what temporary records were destroyed, the date when they were destroyed, what destruction method was used, where they were destroyed, and who was responsible for their final destruction.

• If the final destruction is completed by the Contractor, then the written certification of destruction is completed by the

Contractor.

• If the final destruction is completed by a subcontractor to the

Contractor, then the written certification of destruction is completed by this third party or by the Contractor with assurance from the third party that final destruction was completed. The assurance can be in general terms describing the destruction method, date of destruction and amount destroyed, i.e., 75 bales of shredded material.

c. VA Handbook 6300.1: “Records Management Procedure” shall be applicable to all record/microfiche destruction. The procedure reads: “The authorized destruction of records that are classified or otherwise restricted from disclosure by statute, such as Privacy Act of 1974 or Title 38 USC, must be witnessed by a Federal employee or a contractor employee. If a contract is used to dispose restricted VA records, the facility Records

Officer must authorize the use of a contractor or subcontractor employee to witness the destruction. For more information, see the attached VA

Handbook 6300.1.

7. Records Management

a. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

b. Contractor shall treat all deliverables under the contract as the property of the U.S.

Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

c. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

d. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

e. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

f. The Government Agency owns the rights to all data/records produced as part of this contract.

h. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

i. No disposition of documents will be allowed without the prior written consent of the

COR.

j. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.

k. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

12.00 MO ________________

DOCUMENT SHREDDING SERVICES

Omaha VAMC

Contract Period: Base POP Begin: 11-01-2019 POP End: 10-31-2020

DOCUMENT SHREDDING SERVICES Grand Island CBOC

Contract Period: Base

DOCUMENT SHREDDING SERVICES

VA Center Mall Contract Period: Base

DOCUMENT SHREDDING SERVICES

Lincoln CBOC Contract Period: Base

DOCUMENT SHREDDING SERVICES

VA Community Resource Center

Contract Period: Base

DOCUMENT SHREDDING SERVICES

Bellevue CBOC

Contract Period: Base

DOCUMENT SHREDDING SERVICES

Holdrege CBOC

Contract Period: Base

DOCUMENT SHREDDING SERVICES

North Platte CBOC

Contract Period: Base

DOCUMENT SHREDDING SERVICES

Hruska Federal Courthouse

Contract Period: Base

DOCUMENT SHREDDING SERVICES

Shenandoah CBOC

Contract Period: Base

4.00 MO ________________

DOCUMENT SHREDDING SERVICES

Omaha VAMC (media destruction only)

Contract Period: Base

DOCUMENT SHREDDING SERVICES

Norfolk, NE CBOC Contract Period: Option 1

DOCUMENT SHREDDING SERVICES

Omaha VAMC

Contract Period: Option 1 POP Begin: 11-01-2020 POP End: 10-31-2021

DOCUMENT SHREDDING SERVICES Grand Island CBOC

Contract Period: Option 1

DOCUMENT SHREDDING SERVICES

VA Center Mall Contract Period: Option 1

DOCUMENT SHREDDING SERVICES

Lincoln CBOC Contract Period: Option 1

DOCUMENT SHREDDING SERVICES

VA Community Resource Center

Contract Period: Option 1

DOCUMENT SHREDDING SERVICES

Bellevue CBOC

Contract Period: Option 1

DOCUMENT SHREDDING SERVICES

Holdrege CBOC

Contract Period: Option 1

DOCUMENT SHREDDING SERVICES

North Platte CBOC

Contract Period: Option 1

DOCUMENT SHREDDING SERVICES

Hruska Federal Courthouse

Contract Period: Option 1

DOCUMENT SHREDDING SERVICES

Shenandoah CBOC

Contract Period: Option 1

DOCUMENT SHREDDING SERVICES

Omaha VAMC (media destruction only)

Contract Period: Option 1

DOCUMENT SHREDDING SERVICES

Norfolk, NE CBOC Contract Period: Option 1

DOCUMENT SHREDDING SERVICES

Omaha VAMC

Contract Period: Option 2 POP Begin: 11-01-2021 POP End: 10-31-2022

DOCUMENT SHREDDING SERVICES Grand Island CBOC

Contract Period: Option 2

DOCUMENT SHREDDING SERVICES

VA Center Mall Contract Period: Option 2

DOCUMENT SHREDDING SERVICES

Lincoln CBOC Contract Period: Option 2

DOCUMENT SHREDDING SERVICES

VA Community Resource Center

Contract Period: Option 2

DOCUMENT SHREDDING SERVICES

Bellevue CBOC

Contract Period: Option 2

DOCUMENT SHREDDING SERVICES

Holdrege CBOC

Contract Period: Option 2

DOCUMENT SHREDDING SERVICES

North Platte CBOC

Contract Period: Option 2

DOCUMENT SHREDDING SERVICES

Hruska Federal Courthouse

Contract Period: Option 2

DOCUMENT SHREDDING SERVICES

Shenandoah CBOC

Contract Period: Option 2

DOCUMENT SHREDDING SERVICES

Omaha VAMC (media destruction only)

Contract Period: Option 2

DOCUMENT SHREDDING SERVICES

Norfolk, NE CBOC Contract Period: Option 1

DOCUMENT SHREDDING SERVICES

Omaha VAMC

Contract Period: Option 3 POP Begin: 11-01-2022 POP End: 10-31-2023

DOCUMENT SHREDDING SERVICES

Grand Island CBOC

Contract Period: Option 3

DOCUMENT SHREDDING SERVICES

VA Center Mall Contract Period: Option 3

DOCUMENT SHREDDING SERVICES

Lincoln CBOC Contract Period: Option 3

DOCUMENT SHREDDING SERVICES

VA Community Resource Center

Contract Period: Option 3

DOCUMENT SHREDDING SERVICES

Bellevue CBOC

Contract Period: Option 3

DOCUMENT SHREDDING SERVICES

Holdrege CBOC

Contract Period: Option 3

DOCUMENT SHREDDING SERVICES

North Platte CBOC

Contract Period: Option 3

DOCUMENT SHREDDING SERVICES

Hruska Federal Courthouse

Contract Period: Option 3

DOCUMENT SHREDDING SERVICES

Shenandoah CBOC

Contract Period: Option 3

DOCUMENT SHREDDING SERVICES

Omaha VAMC (media destruction only)

Contract Period: Option 3

DOCUMENT SHREDDING SERVICES

Norfolk, NE CBOC Contract Period: Option 1

DOCUMENT SHREDDING SERVICES

Omaha VAMC

Contract Period: Option 4 POP Begin: 11-01-2023 POP End: 10-31-2024

DOCUMENT SHREDDING SERVICES

Grand Island CBOC

Contract Period: Option 4

DOCUMENT SHREDDING SERVICES

VA Center Mall Contract Period: Option 4

DOCUMENT SHREDDING SERVICES

Lincoln CBOC Contract Period: Option 4

DOCUMENT SHREDDING SERVICES

VA Community Resource Center

Contract Period: Option 4

DOCUMENT SHREDDING SERVICES

Bellevue CBOC

Contract Period: Option 4

DOCUMENT SHREDDING SERVICES

Holdrege CBOC

Contract Period: Option 4

DOCUMENT SHREDDING SERVICES

North Platte CBOC

Contract Period: Option 4

DOCUMENT SHREDDING SERVICES

Hruska Federal Courthouse

Contract Period: Option 4

DOCUMENT SHREDDING SERVICES

Shenandoah CBOC

Contract Period: Option 4

DOCUMENT SHREDDING SERVICES

Omaha VAMC (media destruction only)

Contract Period: Option 4

DOCUMENT SHREDDING SERVICES

Norfolk, NE CBOC Contract Period: Option 1

GRAND TOTAL ________________

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The

Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims

Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the

Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the

Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by

Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt

Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-

5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting

Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the

Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the

Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The

Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the

Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain

Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and

41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with

Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service

(TOS), or similar legal instrument or agreement, that includes any clause requiring the

Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

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

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(MAY 2019)

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

Executive orders applicable to acquisitions of commercial items:

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

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

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

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

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

115–91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

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

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

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

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

3509).

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

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

American Recovery and Reinvestment Act of 2009.)

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

(Oct 2018) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved]

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

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

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

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

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

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

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

[] (10) [Reserved]

[] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15

U.S.C. 657a).

[] (ii) Alternate I (NOV 2011) of 52.219-3.

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

Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (JAN 2011) of 52.219-4.

[] (13) [Reserved]

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

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

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

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

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

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

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

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (AUG 2018) (15 U.S.C. 637(d)(4)).

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

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

[] (iv) Alternate III (JAN 2017) of 52.219-9.

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

[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

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

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

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

(NOV 2011) (15 U.S.C. 657f).

[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15

U.S.C 632(a)(2)).

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

Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)).

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

Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15

U.S.C. 637(m)).

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

[x] (26) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2018)

(E.O. 13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (28)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

[X] (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

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

[X] (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C.

793).

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

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

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

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

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

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

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

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

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

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

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

(E.O.s 13423 and 13514).

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

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

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

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

8259b).

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

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

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

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

(AUG 2011)

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

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

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

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

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

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

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

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

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

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

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

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

[] (48) 52.225–5, Trade Agreements (AUG 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

[] (50) 52.225–26, Contractors Performing Private Security Functions Outside the United

States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for

Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

[] (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov

2007) (42 U.S.C. 5150).

[] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41

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

[] (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management

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

[] (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award

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

[] (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (58) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[x] (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.

637(d)(13)).

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

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

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

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

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

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

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

[X] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C.

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

Employee Class

“FOR INFORMATIONAL PURPOSES ONLY –

THIS IS NOT A WAGE DETERMINATION”

Monetary Wage-Fringe Benefits

Motor Vehicle Operator $26.81 per hour -Wag $6.70 per hour-Fring

[X] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price

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

chapter 67).

[] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price

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

[] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

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

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

[] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

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

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

[X] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014)

(42 U.S.C. 1792).

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

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

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

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

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

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

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

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

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

3509).

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

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