RFQ 36C25721Q0659.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 59

504-21-2-6561-0008

36C25721Q0659 06-03-2021

Shantelle Mayfield 210-694-6330 06-10-2021

1100 CDT

Department of Veterans Affairs VISN17 Network Contracting Activity 7400 Merton Minter Blvd. (10N17/90C) San Antonio TX 78229

X 100

X

561990

$12 Million

N/A

X

Amarillo Texas Veterans Health Care Sys Multiple Site Locations

VISN17 Network Contracting Activity 7400 Merton Minter Blvd. (10N17/90C) San Antonio TX 78229

This is accomplished through the Tungsten Network located at:

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

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

See CONTINUATION Page

See enclosed Price/Cost Schedule See attached Statement of Work, AMA Document Destruction Services. Contractor required to provide secured collection, staging, shredding and recycling of paper documented confidential and sensitive information.

All SDVOSB offerors must be verified in the VIP database and must be small for the applicable NAICS code at the time of submission of offers and at time of award.

Important Date:

RFQ Questions Cut-Off Date/Time: 06-07-2021 @4:00pm EDT

See CONTINUATION Page

X X

X 1

Glenn Johnson Contracting Officer

36C25721Q0659

Table of Contents

SECTION A

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

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

Statement of Work: Document Destruction Services for

Amarillo VA Health Care System

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

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

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020)

(DEVIATION)

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) ... 25

C.5 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

C.6 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.7 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.8 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.9 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (MAY 2020)

C.10 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) . 29

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

BUSINESS ASSOCIATE AGREEMENT BETWEEN THE DEPARTMENT OF

VETERANS AFFAIRS VETERANS HEALTH ADMINISTRATION, , AND

SECTION E - SOLICITATION PROVISIONS

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

1998)

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

E.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (FEB 2021) (JUL 2020) (DEVIATION)

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

E.5 52.233-1 DISPUTES (MAY 2014)

E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C257 Glenn Johnson

VISN17 Network Contracting Activity

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

San Antonio TX 78229

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

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

[X] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly in arrears

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

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp

This is mandatory and the sole method for submitting invoices.

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

AMENDMENT NO DATE

Statement of Work: Document Destruction Services for

Amarillo VA Health Care System Scope of Work

The Amarillo VA Health Care System located in Amarillo, Texas, requires a contractor to provide secure containment, pickup at point of collection, shredding per VHA standards, and end recycling. Service is to be provided weekly for the Thomas E Creek VA Medical Center facility in Amarillo, TX; every two weeks for VA Outpatient Clinic in Lubbock, TX; monthly for VA Outpatient Clinic in Clovis, NM; and quarterly for Childress, TX and for Dalhart, TX.

The Contracting Officer’s Technical Representative (COTR) is identified below.

Contracting Officer’s Technical Representative (COTR)

Kathy O’Dell Chief, Environmental Management Service Amarillo VA Health Care System 6010 Amarillo Boulevard West Amarillo, TX 79106 Office Phone: (806) 355-9703 ext 7376 Kathy.O’Dell@va.gov

Administrative Contracting Officer (ACO)

Shantelle Mayfield VISN17 Network Contracting Activity 7400 Merton Minter Blvd.

San Antonio, TX 78229 210-694-6330

Requirements

The Amarillo VA Health Care system (AVAHCS) in Amarillo, Texas requires a contractor to provide shred services for the main campus and outpatient clinics in Lubbock, TX, Childress, TX, Dalhart, TX, and Clovis, NM.

A. The current facility requirement includes: provision of office-suitable (professional) locking cabinets, with a secure method for users to deposit paper and not allow retrieval or view. Each cabinet should hold up to 135 pounds. The count of cabinets required is approximately: 95 in Amarillo; 20 in Lubbock; 4 in Clovis, 1 in Childress, and 1 in Dalhart, for a total of 121.

B. The contractor shall provide for secure collection for each cabinet for the Sensitive Information/

Privacy Act paper, protecting the information from being read, and from theft or loss, from point of collection through final destruction. 08Contractor shall review each container during each pickup and complete a written list of containers, noting quantity of paper and any other findings for government records.

C. The contractor shall provide pickup at sufficient frequency to assure paper does not build up at each site beyond reasonable capacity. Current schedule requires weekly pickup in Amarillo -usually on Fridays, every two weeks at Lubbock Outpatient Clinic, every month at Clovis Outpatient Clinic, and quarterly at Childress and Dalhart Outpatient Clinics. Times of pickup are mailto:Julia.Nelson@va.gov to be scheduled and respected, as only specifically trained VA employees may sign for removal of this protected waste stream. The times of pickup should be consistent and agreed to between the COR and the contractor, as clinic staffing and hours of operation vary.

D. The contractor process must be compliant with VA Directive 6371, Destruction of Temporary Paper Records, dated 04/08/2014. Certification of Destruction is required in written documentation by a records-destruction or recycling contractor or contractor that attests to the completion of the destruction process after the destruction of VA records has taken place, including destruction method, date of destruction, and amount destroyed, e.g, 75 full x-gallon containers of shredded material. VA Directive 6371 describes the levels of destruction as follows:

1) Final Destruction: The destruction process must assure that paper is not readable or reconstructable to any degree. If this final destruction of paper records occurs away from a VA facility, it must be performed either by a National Association for Information Destruction (NAID) certified, bonded, and insured contractor (and its subcontractors or third parties) for paper/printed media destruction who has contracted to provide sufficient reasonable safeguards to protect the temporary paper records until final destruction has been comleted or by a non-NAID certified contractor who can satisfy the standards outlined in VA Directive 6371 and its Appendix. Final destruction includes sufficient safeguards for VA paper records during transportation, transfer, or short-term storage prior to completion of final destruction. Any long-term storage (> 30 days) must be approved in advance and in writing by the VA COR and Privacy Officer.

2) Interim Destruction: Interim destruction does not definitively ensure paper is not readable or reconstructable to any degree but does ensure they are not readable or reconstructable without extraordinary effort. This destruction of temporary records is a preliminary step that will allow for secure transport of records until such time as their final destruction.

E. The contractor must clearly describe the process of secure containment, storage, shredding, including final disposition location(s) and uses in detail to demonstrate compliance with the VA Directive 6371. Contractor shall include the size of shred after interim and final processing.

Should this process require temporary or permanent change by the contractor, including changes to equipment or locations of storage or interim or final destruction and disposition of temporary records, the contractor must promptly notify the government in writing.

F. The contractor must provide a document that acknowledges receipt of temporary paper records, per VA Directive 6371, along with the weight of paper removed along with date and name of contract representative.

G. Contractor shall notify Contracting Officer’s Representative (COR) if a scheduled pickup/shred is not possible, along with the reasons, such as due to emergency, equipment malfunction, or weather.

H. The contractor shall comply with all rules and signs posted on federal property.

I. All mandatory VA Acquisition Regulation (VAAR) and Federal Acquision Regulation (FAR) contracting, security, and privacy clauses must appear in all contracts let for the destruction of VA temporary paper records.

J. The contractor that provides for the final destruction of temporary paper records containing PII or other VA sensitive information must allow inspection, upon request, by a VA representative of the contractor’s facilities where the temporary paper records are processed and final destruction takes place, and in any contractor situation in which there is a change in process equipment or location of temporary record storage, destruction, or final disposition.

K. Contractor must provide clear documentation that any contractor who handles VA records until final destruction is either 1) completed is bonded, insured, NAID certified for paper/printed media destruction, and can provide reasonable physical safeguards for the data throughout the destruction process, or 2) can meet all elements of VA Directive 6371 and its Apprendix A.

Contractor must provide a NAID certificate or documentation that they can meet all elements as stated.

L. The VA requires a fully actuated Business Associate Agreement with all records destruction or recycling contractors who complete interim destruction off-site or not under the direct control of VHA personnel.

M. Clauses required to be added per Information Systems Security Office:

SUBPART 839.2 – INFORMATION AND INFORMATION TECHNOLOGY SECURITY

REQUIREMENTS

839.201 Contract clause for Information and Information Technology Security:

a. Due to the threat of data breach, compromise or loss of information that resides on either VA-owned or contractor-owned systems, and to comply with Federal laws and regulations, VA has developed an Information and Information Technology Security clause to be used when VA sensitive information is accessed, used, stored, generated, transmitted, or exchanged by and between VA and a contractor, subcontractor or a third party in any format (e.g., paper, microfiche, electronic or magnetic portable media).

b. In solicitations and contracts where VA Sensitive Information or Information Technology will be accessed or utilized, the CO shall insert the clause found at 852.273-75, Security Requirements for Unclassified Information Technology Resources.

(End of Clause)

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE FOR

INCLUSION INTO CONTRACTS, AS APPROPRIATE

1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontrator shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and

Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S.

to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor’s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

3. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data

- General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

i. The contractor/subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA’s minimum requirements. VA Configuration Guidelines are available upon request.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above-mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COTR.

N. Summary of Work

Access to Work Site: The contractor will schedule routine pickup of Sensitive Information at the Amarillo, Lubbock, Dalhart, and Clovis VA locations. Normal work hours for the three sites under this requirement for Amarillo VAHCS are 8:00 am to 4:00 pm, Monday through Friday, and pickups typically occur within this range of hours.

Contractor Furnished Material: The contractor will be required to furnish all tools and equipment necessary to review, collect securely, and contain all Sensitive Information picked up.

No Government property will be provided.

Manifest Information:

The service will provide a manifest for each pickup to include dates of service, total and tare weight and location of waste.

Certificate of Destruction:

The service is required to provide a Certificate of Destruction from each Sensitive Information pickup from the VA locations to include certification following the destruction. This document must be provided to the COR.

Invoice Information The service will include an invoice that includes dates of service and total charge.

General Information on Invoice:

• Facility Name, address, and phone number

• Type of service performed

• Date(s) of service

Execution:

A. All work shall be performed in a safe and efficient manner.

B. Site Clean-up: The Contractor shall assure its processes do not create an unclean or unsafe environment for AVAHCS and do not damage or destroy government property.

C. Final Inspection: The COR will notify the contractor of any issues raised from the pickup of paper from each location.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

12.00 MO ____________ ______________

Thomas E Creek VA Medical Center facility in Amarillo, TX (95

Containers) Once every 7 days. 95 containers X Frequency X Unit Cost = Monthly Invoice Shredding services for privacy act paper. Require stringent security controls at every point in the paper containment, movement, and destruction process. Vendor is to provide containers to be emptied weekly at Amarillo. Shred must be in accordance with VA Directive 6371.

Contract Period: Base POP Begin: 06-16-2021 POP End: 06-15-2022

Lubbock VA Outpatient Center (20 Containers) Biweekly. 20 containers X Frequency X Unit Cost = Monthly Invoice Shredding services for privacy act paper. Require stringent security controls at every point in the paper containment, movement, and destruction process. Vendor is to provide containers to be emptied bi-weekly at Lubbock OPC. Shred must be in accordance with VA Directive 6371.

Contract Period: Base

4.00 MO ____________ ______________

Childress VA Outpatient Center (1 Containers) Quarterly. 1 containers X Frequency X Unit Cost = Quarterly Invoice Shredding services for privacy act paper. Require stringent security controls at every point in the paper containment, movement, and destruction process. Vendor is to provide containers to be emptied quarterly at Childress. Shred must be in accordance with VA Directive 6371.

Contract Period: Base

Dalhart VA Outpatient Center (1 Containers) Quarterly. 1 containers X Frequency X Unit Cost = Quarterly Invoice Shredding services for privacy act paper. Require stringent security controls at every point in the paper containment, movement, and destruction process. Vendor is to provide containers to be emptied quarterly at Dalhart. Shred must be in accordance with VA Directive 6371.

Contract Period: Base

Clovis VA Outpatient Center in Clovis, NM (4 Containers)

Monthly. 4 containers X Frequency X Unit Cost = Monthly Invoice Shredding services for privacy act paper. Require stringent security controls at every point in the paper containment, movement, and destruction process. Vendor is to provide containers to be emptied monthly at Clovis OPC. Shred must be in accordance with VA Directive 6371.

Contract Period: Base

Containers) Once every 7 days. 95 containers X Frequency X Unit Cost = Monthly Invoice Shredding services for privacy act paper. Require stringent security controls at every point in the paper containment, movement, and destruction process. Vendor is to provide containers to be emptied weekly at Amarillo. Shred must be in accordance with VA Directive 6371.

Contract Period: Option 1 POP Begin: 06-16-2022 POP End: 06-15-2023 containers X Frequency X Unit Cost = Monthly Invoice Shredding services for privacy act paper. Require stringent security controls at every point in the paper containment, movement, and destruction process. Vendor is to provide containers to be emptied bi-weekly at Lubbock OPC. Shred must be in accordance with VA Directive 6371.

Contract Period: Option 1 containers X Frequency X Unit Cost = Quarterly Invoice Shredding services for privacy act paper. Require stringent security controls at every point in the paper containment, movement, and destruction process. Vendor is to provide containers to be emptied quarterly at Childress. Shred must be in accordance with VA Directive 6371.

Contract Period: Option 1 containers X Frequency X Unit Cost = Quarterly Invoice Shredding services for privacy act paper. Require stringent security controls at every point in the paper containment, movement, and destruction process. Vendor is to provide containers to be emptied quarterly at Dalhart. Shred must be in accordance with VA Directive 6371.

Contract Period: Option 1

Clovis VA Outpatient Center in Clovis, NM (4 Containers) Monthly. 4 containers X Frequency X Unit Cost = Monthly Invoice Shredding services for privacy act paper. Require stringent security controls at every point in the paper containment, movement, and destruction process. Vendor is to provide containers to be emptied monthly at Clovis OPC. Shred must be in accordance with VA Directive 6371.

Contract Period: Option 1

Containers) Once every 7 days. 95 containers X Frequency X Unit Cost = Monthly Invoice Shredding services for privacy act paper. Require stringent security controls at every point in the paper containment, movement, and destruction process. Vendor is to provide containers to be emptied weekly at Amarillo. Shred must be in accordance with VA Directive 6371.

Contract Period: Option 2 POP Begin: 06-16-2023 POP End: 06-15-2024 containers X Frequency X Unit Cost = Monthly Invoice Shredding services for privacy act paper. Require stringent security controls at every point in the paper containment, movement, and destruction process. Vendor is to provide containers to be emptied bi-weekly at Lubbock OPC. Shred must be in accordance with VA Directive 6371.

Contract Period: Option 2 containers X Frequency X Unit Cost = Quarterly Invoice Shredding services for privacy act paper. Require stringent security controls at every point in the paper containment, movement, and destruction process. Vendor is to provide containers to be emptied quarterly at Childress. Shred must be in accordance with VA Directive 6371.

Contract Period: Option 2 containers X Frequency X Unit Cost = Quarterly Invoice Shredding services for privacy act paper. Require stringent security controls at every point in the paper containment, movement, and destruction process. Vendor is to provide containers to be emptied quarterly at Dalhart. Shred must be in accordance with VA Directive 6371.

Contract Period: Option 2

Monthly. 4 containers X Frequency X Unit Cost = Monthly Invoice Shredding services for privacy act paper. Require stringent security controls at every point in the paper containment, movement, and destruction process. Vendor is to provide containers to be emptied monthly at Clovis OPC. Shred must be in accordance with VA Directive 6371.

Contract Period: Option 2

Containers) Once every 7 days. 95 containers X Frequency X Unit Cost = Monthly Invoice Shredding services for privacy act paper. Require stringent security controls at every point in the paper containment, movement, and destruction process. Vendor is to provide containers to be emptied weekly at Amarillo. Shred must be in accordance with VA Directive 6371.

Contract Period: Option 3 POP Begin: 06-16-2024 POP End: 06-15-2025 containers X Frequency X Unit Cost = Monthly Invoice Shredding services for privacy act paper. Require stringent security controls at every point in the paper containment, movement, and destruction process. Vendor is to provide containers to be emptied bi-weekly at Lubbock OPC. Shred must be in accordance with VA Directive 6371.

Contract Period: Option 3 containers X Frequency X Unit Cost = Quarterly Invoice Shredding services for privacy act paper. Require stringent security controls at every point in the paper containment, movement, and destruction process. Vendor is to provide containers to be emptied quarterly at Childress. Shred must be in accordance with VA Directive 6371.

Contract Period: Option 3 containers X Frequency X Unit Cost = Quarterly Invoice Shredding services for privacy act paper. Require stringent security controls at every point in the paper containment, movement, and destruction process. Vendor is to provide containers to be emptied quarterly at Dalhart. Shred must be in accordance with VA Directive 6371.

Contract Period: Option 3

Monthly. 4 containers X Frequency X Unit Cost = Monthly Invoice Shredding services for privacy act paper. Require stringent security controls at every point in the paper containment, movement, and destruction process. Vendor is to provide containers to be emptied monthly at Clovis OPC. Shred must be in accordance with VA Directive 6371.

Contract Period: Option 3

Containers) Once every 7 days. 95 containers X Frequency X Unit Cost = Monthly Invoice Shredding services for privacy act paper. Require stringent security controls at every point in the paper containment, movement, and destruction process. Vendor is to provide containers to be emptied weekly at Amarillo. Shred must be in accordance with VA Directive 6371.

Contract Period: Option 4 POP Begin: 06-16-2025 POP End: 06-15-2026 containers X Frequency X Unit Cost = Monthly Invoice Shredding services for privacy act paper. Require stringent security controls at every point in the paper containment, movement, and destruction process. Vendor is to provide containers to be emptied bi-weekly at Lubbock OPC. Shred must be in accordance with VA Directive 6371.

Contract Period: Option 4 containers X Frequency X Unit Cost = Quarterly Invoice Shredding services for privacy act paper. Require stringent security controls at every point in the paper containment, movement, and destruction process. Vendor is to provide containers to be emptied quarterly at Childress. Shred must be in accordance with VA Directive 6371.

Contract Period: Option 4 containers X Frequency X Unit Cost = Quarterly Invoice Shredding services for privacy act paper. Require stringent security controls at every point in the paper containment, movement, and destruction process. Vendor is to provide containers to be emptied quarterly at Dalhart. Shred must be in accordance with VA Directive 6371.

Contract Period: Option 4

Monthly. 4 containers X Frequency X Unit Cost = Monthly Invoice Shredding services for privacy act paper. Require stringent security controls at every point in the paper containment, movement, and destruction process. Vendor is to provide containers to be emptied monthly at Clovis OPC. Shred must be in accordance with VA Directive 6371.

Contract Period: Option 4

GRAND

TOTAL

B.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY DELIVERY DATE

0001-0005 SHIP

TO:

Amarillo Texas Veterans Health Care System Thomas E. Creek Medical Center 6010 Amarillo Blvd. West Amarillo, TX 79106 1991

USA

12.00 06/16/2021 to 06/15/2022

MARK

FOR:

Attn: Environmental Management 806-355-9703 x7376 Kathy.ODell@va.gov

1001-1005 SHIP

TO:

Amarillo Texas Veterans Health Care System Thomas E. Creek Medical Center 6010 Amarillo Blvd. West Amarillo, TX 79106 1991

12.00 06/16/2022 to 06/15/2023

FOR:

Attn: Environmental Management

2001-2005 SHIP

Amarillo Texas Veterans Health Care System Thomas E. Creek Medical Center 6010 Amarillo Blvd. West

12.00 06/16/2023 to 06/15/2024

FOR:

Attn: Environmental Management

3001-3005 SHIP

Amarillo Texas Veterans Health Care System Thomas E. Creek Medical Center 6010 Amarillo Blvd. West

12.00 06/16/2024 to 06/15/2025

FOR:

Attn: Environmental Management

4001-4005 SHIP

Amarillo Texas Veterans Health Care System Thomas E. Creek Medical Center 6010 Amarillo Blvd. West

12.00 06/16/2025 to 06/15/2026

FOR:

Attn: Environmental Management

SECTION C - CONTRACT CLAUSES

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

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

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

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

JAN 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS

OCT 2018

52.228-5 INSURANCE—WORK ON A GOVERNMENT

INSTALLATION

JAN 1997

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

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

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(JAN 2021) (JUL 2020) (DEVIATION)

(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 2020) (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:

[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved]

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

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

[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

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

[] (10) [Reserved]

[] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

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

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

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

[] (13) [Reserved]

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

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

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

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

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

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

[] (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)).

[X] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

[X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C 632(a)(2)).

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

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C.

637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

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

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

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

(DEVIATION) (E.O. 13126).

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

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

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

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

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

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

793).

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

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

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

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

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

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

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

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

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

[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (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 (JAN 2021) (41 U.S.C. chapter 83).

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (JUL 2020) (DEVIATION) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), 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 II (JUL 2020) (DEVIATION) of 52.225-3.

[] (iii) Alternate III (JUL 2020) (DEVIATION) of 52.225-3.

[] (50) 52.225–5, Trade Agreements (JUL 2020) (DEVIATION) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

5150).

[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

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

[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

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

[X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

[] (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

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

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

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

637(d)(13)).

[] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

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

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

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

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

Employee Class Monetary Wage-Fringe Benefits Materials Expeditor See attached WDs Truck Driver, Light See attached WDs

[X] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[X] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

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

[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

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

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the 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.