Attachment 01.pdf

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

C.2 52.216-18 ORDERING (OCT 1995)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.4 52.216-21 REQUIREMENTS (OCT 1995)

C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...25

C.6 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JUN 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

1998)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

E.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (JUN 2020)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: TBD

b. GOVERNMENT: Contracting Officer 36C244 Renee L. Kale

Department of Veterans Affairs

Network Contracting Office 4

1010 Delafield Rd.

Pittsburgh PA 15215-1802

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 [X] Upon completion of work IAW Statement of Work

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.

Austin Payment Center

Department of Veterans Affairs

PO Box 149971

Austin TX 78714-9971

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

AMENDMENT NO DATE

1. DESCRIPTION OF SERVICES. Contractor shall provide all labor, tools, equipment, material, travel, salt, chemicals, vehicles, and supervision necessary for providing 24/7 snow removal and de-icing services for the Wilmington VA Medical

Center campus. Services shall be performed in a manner that will maintain a satisfactory and safe environment for all patients, families, staff, and visitors during periods of snow and ice. Work shall include building front entrances, building side entrances, building rear entrances, building ramps, walkways, building stairways and steps, fire lanes, paved courtyards, and building and campus sidewalks.

2. The Contractor will be required to develop and submit for approval a Quality

Assurance Program (QAP) and Quality Control Plan (QCP) for this contract. These documents are to show in detail that Patient Care areas will be assigned as priority and the overall plan to successfully complete snow and deicing operations for the entire

Wilmington Campus, as designed within this contract. The QAP/QCP documents are to address weather events that result in the need for snow removal and deicing on the

Wilmington Campus to support 24 hour patient care operations. All work shall be performed in a manner that will maintain a satisfactory and safe environment for patients, families, employees and visitors during periods of snow and ice. Contractor shall provide snow removal equipment to include, but not limited to, Contractor owned trucks, snow shovels, various types of plows, loaders, snow blowers, and salt or chemical spreaders. Contracted services are estimated to be required from date of award for the base year through March 30 and from approximately Oct 1 – March 30 for each subsequent year. Contractor shall provide a phone number and contact name of a Contractor employee(s) who shall be available on a 24/7 basis.

3. Wilmington VA Medical Center Areas designated for snow and deicing operations are:

Building Function

1 Patient Care/Main Hospital (24 hour operation)

2 Administrative

3 Administrative

4 Administrative

5 Administrative

6 Police (24 hour operation)

7 Warehouse (24 hour operation)

10 Engineering/Garage

13 Administrative

15 Administrative

17 Patient Care/CLC (Nursing Home) (24 hour operation)

18 Generator

19/20 Generator

Montgomery Road Sidewalks

For estimating purposes, the grounds are comprised of 420,000 SF of asphalt roadways and parking areas and 61,000 SF of concrete sidewalks.

3.1. BASIC SERVICES. The Contractor shall remove snow and ice from all campus areas as designated in paragraph one (1) above. The Contracting Officer’s designated

Contract Officer Representative (COR) will notify contractor when services are needed.

Snow plowing shall be performed in a manner that does not block any parking lots or sidewalk entrances, fire hydrants or electrical boxes. When required the COR will inform contractor of a location on campus to clear or remove snow. Below is a summary of needed services:

A. Contractor shall remove snow and ice from all designated areas when weather conditions exist for slip and fall hazards.

B. When overnight snowfall exceeds one (1) inch the Contractor shall have all areas cleared no later than 6:00 AM EST the next day.

C. When daytime or overnight snowfall is greater than six (6) inches, blizzard, or extreme icing conditions exist, the Contractor shall clear all areas to the best capabilities of his or her labor and equipment in accordance with approved Quality Assurance Plan (QAP) by the Contracting Officer or their designee.

D. Contractor shall supply and mechanically spread deicing rock salt to eliminate “slip, trip and fall” conditions associated with winter weather.

E. Contractor shall apply only calcium chloride on concrete walkways, as calcium chloride will not harm concrete and landscaping.

F. Snow and ice shall be removed from all hydrants. All fire hydrants must be kept free from snow and easily accessible in case of emergencies.

G. All sidewalks and parkways shall be plowed, salted, and maintained to a safe and usable condition at all times, as to ensure safety for patients, clinical staff and campus employees. Especially, during regular business hours, staff shift changes and special events.

H. Snow and ice shall be plowed or moved away from building entrances, ramps, steps, handicap access points, fire lanes and parking lots.

I. All building entrances, ramps, sidewalks and stairs will be cleared of snow and ice, and maintained to a safe usable condition at all times. Contractor shall be responsible for any damage to concrete curbs, sidewalks, ramps or other Government Property when incurred during the performance of this contract.

J. No snow shall be plowed or piled onto any landscape planting beds.

K. No snow shall be plowed or piled onto or in front of dumpsters.

L. No snow shall be plowed or piled onto or placed in Handicap or patient areas.

M. No snow shall be plowed or piled in front of HVAC equipment.

N. Snow may be plowed/piled in grass areas outside of parking and road areas.

O. Contractor shall have one (1) responsible person on the job site during the snow hauling and deicing operations to supervise and guide the Contractor’s snow work crews and perform Quality Control Plan inspections. This responsible person will work the designated CO’s COR to provide status updates on the snow removal and deicing work for updated to be provided to upper management.

P. All building entrances, steps, fire lanes, ramps, sidewalks shall be properly plowed, cleared, treated and maintained to a safe and usable condition at all times.

Q. Contract shall keep these areas clear of snow that are in front of dumpster enclosures, established fire lanes, building entrances, and on pedestrian sidewalks. If these areas are not properly cleared and it requires the Government to remove snow or ice in front of said other areas as corrected by the COR. Contractor agrees to pay any expenses incurred by Federal Government for removal of snow or ice that is the responsibility of the Contractor.

R. Contractor shall be responsible for damage to Government property caused by snow removal operations including, but not limited to, buildings, curbs, parking blocks, islands, sidewalks, light poles, signs, landscaping, paving or striping, HVAC units of campus property or equipment used in connection therewith.

S. Contractor agrees to complete the Snow Control Sheet attached for each snow removal and salting event. To receive payment, this sheet must be attached to each invoice and validated by the COR.

T. Contractor agrees to provide and update telephone numbers with all after hours contact information.

U. Contractor agrees to return emergency calls from COR within one hour of receiving the telephone call/alert.

V. Contractor agrees to return non-emergency calls from COR within two hours of receiving message.

W. Contractor agrees to monitor weather reports and properly prepare for forecasted winter storms by providing preliminary plans for pre-staging and response of personnel and equipment, as requested by or pre-scheduled by the COR.

X. Contractor shall provide salt and chemical specifications to Contractor Officer or Contracting Officers Representative for approval prior to use on the Wilmington VA Medical Center Campus.

Y. Contractor will be granted an area to pre-stage and store equipment needed for snow removal and deicing work as approved by the CO or COR. The Contractor will be responsible for providing security to this area.

Z. Contractor’s personnel will be required to wear safety vests when working to be easily identifiable for safety and accountability when on the Wilmington campus.

3.1.1. DESCRIPTION OF SITE:

A. Reference the attached site plan.

B. Within this campus, there is a mixture of asphalt pavement and concrete sidewalks, curbs and ramps.

C. Patient Care areas will have priority of clearing to ensure the safety and patients using these areas, especially during the regular business hours.

3.1.2. REMOVAL OF ICE. The Contractor shall immediately remove ice to provide secure footing or safe driving conditions by the approved snow removal operation. All salt or chemical treated areas for which the Contractor is responsible for shall be provided by the Contractor under this agreement. The successful Contractor shall be liable to ensure that adequate source of approved salt or chemicals are readily available through the duration of the contract.

Under no circumstances shall the contract price be increased for the Contractor’s failure to obtain the salt or chemicals necessary to perform services.

3.1.3. ADDITIONAL SERVICES. Services will be limited to those provided under the terms and conditions of this contract.

4. GENERAL INFORMATION.

4.1 QUALITY CONTROL. Contractor shall develop and maintain a Quality Control

Program (QCP) to ensure services are performed in accordance with commonly accepted commercial and industry practices that include the proper, safe and efficient removal of the snow and ice off the VA premises. The Quality Control Program will be reflective of a detailed plan for the snow removal and deicing of the Wilmington VA

Medical Center Campus, as based on the provided site map. Contractor shall also develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. As a minimum, the Contractor shall develop Quality Control Plan that provides detailed procedures and methods that address the areas identified in paragraph 2, Service Delivery Summary. Contractor shall submit his/her Quality

Control Program/Quality Control Plan (QCP) with signed quote as noted herein.

4.2 QUALITY ASSURANCE. The Government will evaluate the Contractor’s performance in accordance with the approved Quality Control Plan (QCP).

4.3 GOVERNMENT REMEDIES. The Contracting Officer shall follow FAR 52.212.4, Contract Terms and Conditions - Commercial Items, for Contractor’s failure to perform satisfactory services or failure to correct non-conforming services.

4.4 HOURS OF OPERATION.

A. Contractor shall provide snow plowing, and deicing services twenty-four (24) hours per day, seven (7) days per week as requested at the agreed upon rates.

B. Normal business hours are 7:00 a.m. to 4:30 p.m., Monday through Friday, to include National Holidays:

New Years’ Day Martin Luther King

Presidents’ Day Labor Day

Independence Day Columbus Day

Thanksgiving Memorial Day

Christmas Veterans’ Day

5.0. GENERAL REQUIREMENTS:

A. Contractor shall perform all services diligently and in a good, professional and first class manner, using good quality materials, equipment and workmanship with sufficiently trained personnel (including supervisors) to complete needed services in a safe and timely manner, which does unduly interfere with the daily operation of the Wilmington VA Medical Center. These daily operation included, but not limited to; medical patient services, administrative officers that support the Veterans Affairs Medical Health Care System (VAMHCS), Police Services, and various logistical sections that support the Wilmington VA

Medical Center.

B. Contractor shall only use chemicals for Snow Removal and Deicing that are approved by the Environmental Protection Agency (EPA) and are considered to be the safest and most effective chemicals. Contractor shall follow all

OSHA standards in the performance of all tasks.

(1) Contractor shall provide Material Safety Data Sheets (MSDS) to the

COR for any chemicals used under this contract.

(2) The product, timing and rate of all of applications will be adjusted to meet the needs of each winter season.

C. During non-business hours, the COR designee is the Administrative Officer of the Day (AOD) or the Nurse On Duty (NOD). This person will telephone the Contractor when service is needed during non-business hours.

D. During normal business hours, the COR or his/her designee will contact the

Contractor when service is needed.

E. Contractor will request the Police and Security Service to help locate owners of vehicles that need to be moved during snowplowing. Police and Security Service will be contacted to help control vehicle traffic.

F. All snow removal and deicing services shall be done at night, when possible, so that contracted areas will be cleared by the start of the workday.

G. After the contract award, the Contractor shall provide the Contracting Officer’s Representative (COR) or his/her designee all current names and telephone numbers for requesting snow removal, snow hauling and deicing service.

Contractor shall provide a centralized number and emergency number for the COR to request services.

H. Contractor shall have one (1) responsible person on job site during the snow removal, and/or deicing to supervise and guide Contractor’s snow crew.

I. Contractor shall be responsible for all fences, gates, grounds, lawns, and any

VA property damaged during snow removal, snow hauling or deicing. The

COR or his/her designee will notify the Contractor of any damages(s) after services have been performed.

J. Services may be required at any time after normal hours of operation as described in Paragraph 4.4 (B).

K. Contractor shall be responsible for protecting and providing the proper

Personnel Protective Equipment (PPE) to their personnel providing these services under this contract.

6. SERVICE DELIVERY SUMMARY. The Contractor service requirements are summarized into performance objectives that relate directly to mission essential items.

The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective SOW Para Performance Threshold

Remove Snow & Ice. Ensure designated areas are safe for vehicle or pedestrian traffic.

Ensure areas have adequate deicing material for the conditions.

1.1. and 1.1.2

No more than 3 customer complaints per service month.

7. TASK ORDERS.

7.1 All worked performed under this Requirement shall only be performed by the contractor via Government issued task orders awarded against the base contract.

7.2 The Task Order will include line items, quantities, and associated pricing. All pricing shall be determined directly from the base contract Pricing Schedule.

7.3 The Task Order will include the location of the work and an effective start and ending dates for the period of performance.

7.4 Invoices will be paid upon satisfactory completion of all project-specific tasks, requirements, and acceptance. Individual purchase orders will be issued on each task order for invoicing purposes.

STATEMENT OF WORK--Lebanon

A. GENERAL GUIDANCE

1. Scope of Work: The contractor shall provide all the resources necessary to accomplish the deliverables described in this statement of work (SOW), except as may be otherwise be specified. The contractor shall provide all labor, materials, equipment, supervision, and quality management necessary to perform snow removal.

B. CONTRACT AWARD MEETING

The contractor shall not commence performance on the task in this SOW until the CO has conducted a kickoff meeting or has advised the contractor that a kick off meeting is waived.

C. GENERAL REQUIREMENTS

1. The contractor shall provide all labor, materials, equipment, supervision, and quality assurance necessary to perform snow removal in accordance with the following specifications.

a. Remove snow / ice / slush from 537,480 square feet of parking lot area, located in 7 separate parking lots. Including the entrances / exits at this facility, down to pavement, and deposit on adjacent grass areas.

b. After the above removal by the contractor, please note that the

Lebanon VA Medical Center personnel will spread the ice melting products and will also remove any snow caused by later drifting.

c. The 7 noted parking lots are the Building 1, Building 2, Building

17, Building 18, two (2) Building 99, and Building 24 parking lots.

d. Begin performance of above noted work within two (2) hours of notification. Perform work in at least two (2) parking lots at a time.

e. Notification could be made at any time of day/night any day of the week, including weekends/holidays.

f. Continue performance of work until above noted snow/ice/slush removal has been completed before leaving this facility.

g. Perform above noted work in a manner which affects traffic as little as possible.

h. Possess applicable snow removal insurance for proper coverage in case of damage to vehicles/people/property.

i. The Grounds Supervisor or the Engineering Service employee acting for the Grounds Supervisor shall be the notifying agent, the Grounds Supervisor phone number 717-272-6612, ext. 4702 or 717-954-3058.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

T UNIT PRICE AMOUNT

0.00 JB _______________

Snow and ice removal, perform work in accordance with the SOW at Wilmington VAMC Contract Period: Base POP Begin: 12-01-2020 POP End: 11-30-2021

0001AA

3.00 JB _______________

Snow and ice removal, perform work in accordance with the SOW at Wilmington VAMC up to three inches (3'') Contract Period: Base

0001AB

Snow and ice removal, perform work in accordance with the SOW at Wilmington VAMC over three inches (3.1'') up to six inches Contract Period: Base

0001AC

Snow and ice removal, perform work in accordance with the SOW at Wilmington VAMC over six inches (6") Contract Period: Base

Snow and ice removal, perform work in accordance with the SOW at Lebanon VAMC Contract Period: Base

0002AA

Snow and ice removal, perform work in accordance with the SOW at Lebanon VAMC up to three inches (3'') Contract Period: Base

0002AB

Snow and ice removal, perform work in accordance with the SOW at Lebanon VAMC over three inches (3.1'') up to six inches Contract Period: Base

0002AC

Snow and ice removal, perform work in accordance with the SOW at Lebanon VAMC over six inches (6") Contract Period: Base

Snow and ice removal, perform work in accordance with the SOW at Wilmington VAMC Contract Period: Option 1 POP Begin: 12-01-2021 POP End: 11-30-2022

1001AA

Snow and ice removal, perform work in accordance with the SOW at Wilmington VAMC up to three inches (3'') Contract Period: Option 1

1001AB

Snow and ice removal, perform work in accordance with the SOW at Wilmington VAMC over three inches (3.1'') up to six inches Contract Period: Option 1

1001AC

Snow and ice removal, perform work in accordance with the SOW at Wilmington VAMC over six inches (6") Contract Period: Option 1

Snow and ice removal, perform work in accordance with the SOW at Lebanon VAMC Contract Period: Option 1

1002AA

Snow and ice removal, perform work in accordance with the SOW at Lebanon VAMC up to three inches (3'') Contract Period: Option 1

1002AB

Snow and ice removal, perform work in accordance with the SOW at Lebanon VAMC over three inches (3.1'') up to six inches Contract Period: Option 1

1002AC

Snow and ice removal, perform work in accordance with the SOW at Lebanon VAMC over six inches (6") Contract Period: Option 1

Snow and ice removal, perform work in accordance with the SOW at Wilmington VAMC Contract Period: Option 2 POP Begin: 12-01-2022 POP End: 11-30-2023

2001AA

Snow and ice removal, perform work in accordance with the SOW at Wilmington VAMC up to three inches (3'') Contract Period: Option 2

2001AB

Snow and ice removal, perform work in accordance with the SOW at Wilmington VAMC over three inches (3.1'') up to six inches Contract Period: Option 2

2001AC

Snow and ice removal, perform work in accordance with the SOW at Wilmington VAMC over six inches (6") Contract Period: Option 2

Snow and ice removal, perform work in accordance with the SOW at Lebanon VAMC Contract Period: Option 2

2002AA

Snow and ice removal, perform work in accordance with the SOW at Lebanon VAMC up to three inches (3'') Contract Period: Option 2

2002AB

Snow and ice removal, perform work in accordance with the SOW at Lebanon VAMC over three inches (3.1'') up to six inches Contract Period: Option 2

2002AC

Snow and ice removal, perform work in accordance with the SOW at Lebanon VAMC over six inches (6") Contract Period: Option 2

Snow and ice removal, perform work in accordance with the SOW at Wilmington VAMC Contract Period: Option 3 POP Begin: 12-01-2023

POP End: 11-30-2024

3001AA

Snow and ice removal, perform work in accordance with the SOW at Wilmington VAMC up to three inches (3'') Contract Period: Option 3

3001AB

Snow and ice removal, perform work in accordance with the SOW at Wilmington VAMC over three inches (3.1'') up to six inches Contract Period: Option 3

3001AC

Snow and ice removal, perform work in accordance with the SOW at Wilmington VAMC over six inches (6") Contract Period: Option 3

Snow and ice removal, perform work in accordance with the SOW at Lebanon VAMC Contract Period: Option 3

3002AA

Snow and ice removal, perform work in accordance with the SOW at Lebanon VAMC up to three inches (3'') Contract Period: Option 3

3002AB

Snow and ice removal, perform work in accordance with the SOW at Lebanon VAMC over three inches (3.1'') up to six inches Contract Period: Option 3

3002AC

Snow and ice removal, perform work in accordance with the SOW at Lebanon VAMC over six inches (6") Contract Period: Option 3

Snow and ice removal, perform work in accordance with the SOW at Wilmington VAMC Contract Period: Option 4 POP Begin: 12-01-2024 POP End: 11-30-2025

4001AA

Snow and ice removal, perform work in accordance with the SOW at Wilmington VAMC up to three inches (3'') Contract Period: Option 4

4001AB

Snow and ice removal, perform work in accordance with the SOW at Wilmington VAMC over three inches (3.1'') up to six inches Contract Period: Option 4

4001AC

Snow and ice removal, perform work in accordance with the SOW at Wilmington VAMC over six inches (6") Contract Period: Option 4

Snow and ice removal, perform work in accordance with the SOW at Lebanon VAMC Contract Period: Option 4

4002AA

Snow and ice removal, perform work in accordance with the SOW at Lebanon VAMC up to three inches (3'')

Contract Period: Option 4

4002AB

Snow and ice removal, perform work in accordance with the SOW at Lebanon VAMC over three inches (3.1'') up to six inches Contract Period: Option 4

4002AC

Snow and ice removal, perform work in accordance with the SOW at Lebanon VAMC over six inches (6") Contract Period: Option 4

GRAND TOTAL _______________

B.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

0001 SHIP TO: Department of Veterans Affairs Wilmington VA Medical Center 1601 Kirkwood Hwy Wilmington, DE 19805 4917

USA

0.00

0001AA SHIP TO: Department of Veterans Affairs Wilmington VA Medical Center 1601 Kirkwood Hwy

3.00

0001AB SHIP TO: Department of Veterans Affairs

1601 Kirkwood Hwy

0001AC SHIP TO: Department of Veterans Affairs

1601 Kirkwood Hwy

0002 SHIP TO: Department of Veterans Affairs

1601 Kirkwood Hwy

0002AA SHIP TO: Department of Veterans Affairs

1601 Kirkwood Hwy

0002AB SHIP TO: Department of Veterans Affairs

1601 Kirkwood Hwy

0002AC SHIP TO: Department of Veterans Affairs

1601 Kirkwood Hwy

1001 SHIP TO: Department of Veterans Affairs

1601 Kirkwood Hwy

1001AA SHIP TO: Department of Veterans Affairs

1601 Kirkwood Hwy

1001AB SHIP TO: Department of Veterans Affairs

1601 Kirkwood Hwy

1001AC SHIP TO: Department of Veterans Affairs

1601 Kirkwood Hwy

1002 SHIP TO: Department of Veterans Affairs

1601 Kirkwood Hwy

1002AA SHIP TO: Department of Veterans Affairs

1601 Kirkwood Hwy

1002AB SHIP TO: Department of Veterans Affairs

1601 Kirkwood Hwy

1002AC SHIP TO: Department of Veterans Affairs

1601 Kirkwood Hwy

2001 SHIP TO: Department of Veterans Affairs

1601 Kirkwood Hwy

2001AA SHIP TO: Department of Veterans Affairs

1601 Kirkwood Hwy

2001AB SHIP TO: Department of Veterans Affairs

1601 Kirkwood Hwy

2001AC SHIP TO: Department of Veterans Affairs

1601 Kirkwood Hwy

2002 SHIP TO: Department of Veterans Affairs

1601 Kirkwood Hwy

2002AA SHIP TO: Department of Veterans Affairs

1601 Kirkwood Hwy

2002AB SHIP TO: Department of Veterans Affairs

1601 Kirkwood Hwy

2002AC SHIP TO: Department of Veterans Affairs

1601 Kirkwood Hwy

3001 SHIP TO: Department of Veterans Affairs

1601 Kirkwood Hwy

3001AA SHIP TO: Department of Veterans Affairs

1601 Kirkwood Hwy

3001AB SHIP TO: Department of Veterans Affairs

1601 Kirkwood Hwy

3001AC SHIP TO: Department of Veterans Affairs

1601 Kirkwood Hwy

3002 SHIP TO: Department of Veterans Affairs

1601 Kirkwood Hwy

3002AA SHIP TO: Department of Veterans Affairs

1601 Kirkwood Hwy

3002AB SHIP TO: Department of Veterans Affairs

1601 Kirkwood Hwy

3002AC SHIP TO: Department of Veterans Affairs

1601 Kirkwood Hwy

4001 SHIP TO: Department of Veterans Affairs

1601 Kirkwood Hwy

4001AA SHIP TO: Department of Veterans Affairs

1601 Kirkwood Hwy

4001AB SHIP TO: Department of Veterans Affairs

1601 Kirkwood Hwy

4001AC SHIP TO: Department of Veterans Affairs

1601 Kirkwood Hwy

4002 SHIP TO: Department of Veterans Affairs

1601 Kirkwood Hwy

4002AA SHIP TO: Department of Veterans Affairs

1601 Kirkwood Hwy

4002AB SHIP TO: Department of Veterans Affairs

1601 Kirkwood Hwy

4002AC SHIP TO: Department of Veterans Affairs

1601 Kirkwood Hwy

SECTION C - CONTRACT CLAUSES

FAR

Number

Title Date

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS

OCT 2018

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

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)

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

JUL 2016

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

C.2 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 01-21-2020 through 01-20-2025.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of to be determined at time of award;

(2) Any order for a combination of items in excess of to be determined at time of award; or

(3) A series of orders from the same ordering office within 1 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection

52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the

Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.4 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The

Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the

Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after 01-20-2025.

(End of Clause)

C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 45 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.6 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting

Officer are incorporated by reference.

[] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.]

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[X] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business

Evaluation Factors.

[X] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price

Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small

Businesses in Obtaining Bonds.

[] 852.232–72, Electronic Submission of Payment Requests.

[] 852.233–70, Protest Content/Alternative Dispute Resolution.

[] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Addendum to 52.212-4)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(JUN 2020)

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

Executive orders applicable to acquisitions of commercial items:

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

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

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

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

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

115–91).

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

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

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

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

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

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

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

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with

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

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

3509).

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

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

American Recovery and Reinvestment Act of 2009.)

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

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

[] (5) [Reserved]

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

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

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

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

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

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

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

[] (10) [Reserved]

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

U.S.C. 657a).

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

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

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

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

[] (13) [Reserved]

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

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

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

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

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

(3)).

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

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

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

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

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

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

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

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

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

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

(MAR 2020) (15 U.S.C. 657f).

[] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2020) (15

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

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

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

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

637(m)).

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

Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020)

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

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

U.S.C. 644(r)).

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

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

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

(E.O. 13126).

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

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

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

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

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

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

793).

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

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

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

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

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

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

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

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

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

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

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

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

(E.O.s 13423 and 13514).

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

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

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

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

8259b).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Department of the Treasury).

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

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

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

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

5150).

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

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

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

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

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

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

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

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

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

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

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

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

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

637(d)(13)).

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

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

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

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

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

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

[] (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).

[] (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).

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

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

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

U.S.C. 1792).

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

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

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

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

Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the 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 (JUN 2020) (41 U.S.C.

3509).

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

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

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

(iii) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018)…