RFQ 36C25724Q0019.pdf

PAGE 1 OF 1. REQUISITION NO.

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

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

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

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

SEE ADDENDUM

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

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

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

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

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

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C25724Q0019 10-06-2023

Joseph A. Leyte 210-694-6315 10-17-2023

12PM CDT

36C257 Department Of Veterans Affairs Network Contracting Office 17

5441 Babcock Road Ste. 302 San Antonio TX 78240

X 100

X

541620

$19 Million

N/A

X

SEE STATEMENT OF WORK

36C257

Department Of Veterans Affairs Network Contracting Office 17

5441 Babcock Road Ste. 302 San Antonio TX 78240

This is accomplished through the Tungsten Network located at:

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

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

See CONTINUATION Page

INDEFINITE DELIVERY INDEFINITE QUANTITY (IDIQ)

NTX Asbestos and Industrial Hygiene Testing Services

See the following sections for details:

B.2 Statement of Work B.3 Price/Cost Schedule Addendum to FAR 52.212-1 Instructions to Offerors Basis of Award

See CONTINUATION Page

X X

X 1 http://www.fsc.va.gov/einvoice.asp

36C25724Q0019

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

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

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

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

C.3 52.216-18 ORDERING (AUG 2020)

C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 28

C.8 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY

2014)

C.9 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.10 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.11 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.12 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

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

(DEVIATION)

C.13 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.14 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

1998)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.4 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

ITEMS

BASIS FOR AWARD

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

E.6 52.216-1 TYPE OF CONTRACT (APR 1984)

E.7 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.8 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT:

Joseph A. Leyte Contracting Officer

Department Of Veterans Affairs Network Contracting Office 17 5441 Babcock Road Ste. 302

San Antonio TX 78240 Office: 210-694-6315

Email: Joseph.Leyte@va.gov

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with FAR 52.232-33, Payment by Electronic Funds Transfer—System For Award Management.

3. INVOICES: Invoices shall be submitted 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.

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

AMENDMENT NO DATE

mailto:Joseph.Leyte@va.gov

B.2 STATEMENT OF WORK

1. SCOPE:

The purpose of this contract is for the Contractor to assure quality, adhere to specifications, resolve problems, prevent contamination from spreading beyond regulated areas, and assure clearance after projects are completed.

In addition, the Contractor’s responsibilities shall include performing final inspections and testing to determine whether a regulated area or building has been adequately decontaminated. All air monitoring done by the Contractor shall be accomplished using Point Count Method (PCM)/Transmission Electron Microscopy (TEM).

The Contractor shall provide an In-House Certified Industrial Hygienist (CIH) and Industrial Hygiene Technician (IHT) certified in the State of Texas as required for the VA North Texas Health Care System (VANTHCS) locations listed below. The Contractor shall also provide the Government with professional IH (Industrial Hygienist) services as needed for project support and for semiannual visual re-inspections. The Contractor must be certified to complete at least 51% of the work identified within the SOW.

The Contractor shall provide all necessary labor, materials, equipment, and supervision to perform services, including but not limited to, evaluating air and bulk samples for asbestos, mold, and lead in accordance with federal, state, and local laws, VHA Directive 2010-036, and with the VA (Veterans Affairs) Master Specifications. The Contractor shall analyze and perform Dental Water Testing in accordance with VA and Manufacturer standards. The Contractor shall provide bulk and air sampling for positive identification of asbestos-contaminated elements (ACE), asbestos-containing material (ACM), mold, and lead.

This contract shall run concurrently with a similar contract for abatement services, and the IH services Contractor shall provide services in support of the abatement of ACE, ACM, mold, and lead. The IH services Contractor shall also provide relevant support services during projects, throughout all project phases: investigation, design, construction, and final clearance. Service on this contract shall include on- call IH services, emergency on-call services, and semiannual inspections.

VANTHCS Locations to be serviced during this contract:

• VA Medical Center, 4500 S. Lancaster Road, Dallas, TX 75216

• Fort Worth Outpatient Clinic, 2201 SE Loop 820, Fort Worth, TX 76119

• Fort Worth Vet Center, 6620 Hawks Creek Ave, Westworth Village, TX 76114

• Sam Rayburn Memorial Center, 1201 E. 9th Street, Bonham, TX 75418

• VA Community Resource and Referral Center, 101 New York Ave, Fort Worth, TX

• Store Front Office, Ervay Street, Dallas, TX

• VISN 17 Heart of Texas Health Care Network, 2301 E. Lamar Blvd, Suite 650, Arlington, TX 76006

• Dallas Vet Center, 8610 Greenville Ave. Suite 125, Dallas, TX 75243

• Arlington Tarrant County Vet Center, 3337 W Pioneer Pkwy, Pantego, TX 76013

• Mesquite Dallas County Vet Center, 502 West Kearney, Suite 300, Mesquite, TX 75149

• Tyler Outpatient Clinic, 7916 S Broadway Ave, Tyler, TX 75703

• VA PACT Clinic, 4243 S Polk St, Dallas, TX 75224

• Fort Worth Homeless Vet Center, 1518 E. Lancaster, Fort Worth, TX 76116

• Homeless Veterans Service of Dallas, 4504 Bronze Way, Dallas, TX 75236

• Herzog Center, 4900 S. Lancaster Rd, Dallas, TX 75216

• Plano Outpatient Clinic, 3804 W 15th Street, Plano, TX 75075

• Garland VA Medical Center, 2300 Marie Curie Blvd, Garland, TX 75042

• To include all facilities located within VANTHCS and any additional facilities added during the duration of this contract.

2. TASKS:

2.1. Non-Emergency On-Call Industrial Hygiene Services

The Contractor shall furnish all necessary labor, materials, sampling, equipment, and supervision for IH Services required for ACE and ACM abatement work in accordance with federal, state, and local laws and with the VA Master Specifications. The Contractor’s IH services shall be requested by the Contracting Officer’s Representative (COR), through the Contracting Officer (CO) in the form of a written task order specifying the type, timeframe, and quantity of removal.

Non-emergency requests for IH services shall be completed within 10 calendar days from the date of task order award and shall be completed during normal duty hours: Monday- Friday 7:00am - 4:30pm. The Government will retain a contractor to perform abatement as required by the VA Master Specifications. The IH services Contractor shall review and advise the Government on technical and procedural adequacy of all abatement project submittals and other contract documentation, monitor and inspect the abatement contractor's work, perform necessary sampling during removal work, and provide all other IH services associated with ACE, ACM, mold, and lead abatement or removal work, as well as Dental Water Testing in accordance with VA and Manufacturer standards.

The Contractor shall establish background levels before abatement begins by collecting background samples, and the Contractor shall retain these samples for possible TEM analysis. The Contractor shall perform continuous air monitoring, inspection, and testing outside regulated areas during actual abatement work to detect any faults in regulated area isolation and any adverse impact on surrounding areas due to abatement activities.

The Contractor shall perform, in the presence of a VA representative, final inspection and testing of decontaminated regulated areas after abatement is completed to certify compliance with all regulations and VA requirements/specifications listed in this SOW.

The Contractor shall issue a certificate of decontamination for each regulated area and project report. The IH Contractor shall monitor and log daily activity of the abatement contractor in accordance with VA and Occupational Safety Health Administration (OSHA) specifications.

2.2. Emergency On-Call Services

The Contractor shall furnish all necessary labor, materials, sampling, equipment, and supervision for IH Services required for ACE and ACM abatement work in accordance with federal, state, and local laws and with the VA Master Specifications. The Contractor’s IH services shall be requested by the Contracting Officer’s Representative (COR), through the Contracting Officer (CO) in the form of a written task order specifying the type, timeframe, and quantity of removal.

Emergency service requests will be limited in nature and will apply to only a fiber release of ACM, ACE, mold, or lead. The Contractor shall arrive on-site no later than 6 six hours after task order award by the CO, and the Contractor shall complete emergency IH service requests within 24 hours of task order award. IH services for these types of projects include background air sampling, air monitoring during abatement, and final air sample clearances using TEM method. The IH services Contractor shall review and advise the Government on technical and procedural adequacy of all abatement project submittals and other contract documentation; monitor and inspect the abatement contractor's work; perform necessary sampling during removal work; and provide all other Industrial Hygiene Services associated with ACE, ACM, mold, and lead abatement or removal work. The Contractor shall monitor and log daily activity of the abatement contractor in accordance with VA and OSHA specifications.

2.3. Semiannual Re-Inspection

The Contractor shall perform a visual re-inspection and condition assessment of building materials, which shall be used to update the present hazardous material inspection report regarding the presence/absence and condition of ACE and ACM in various buildings at VANTHCS. In approximately 6- month intervals, a task order may be issued for this work to be performed. The re-inspections and condition assessments shall be done in compliance with the Asbestos Hazard Emergency Response Act (AHERA) Regulations.

The Contractor shall obtain bulk samples of all areas containing ACE and ACM and provide bulk sample analysis for verification.

The Contractor shall only be paid for the actual number of samples that have been analyzed under a Polarized Light Microscope (PLM). All coordination and scheduling of asbestos assessment work shall be done through the VA Industrial Hygienist. The contractor shall notify the COR a minimum of 5 business days in advance of the inspections for access to specific buildings and areas.

3. DELIVERABLES:

3.1. Report Requirements

Asbestos test results shall be reported in units of fibers per cubic centimeter (f/cc). All laboratory analysis reports shall be signed by the laboratory technician and provided to the VA. Upon completion of work, the Contractor shall provide the VA with final clearance inspection documentation along with clearance air monitoring results. The final clearance checklist shall include all requirements of the Environmental Protection Agency (EPA) final clearance.

a) The contractor shall use a Government approved form to record all known, assumed, and suspected ACE and ACM. The equivalent form must contain all portions required by the AHERA Act (Physical Assessment, Hazard Assessment, and Damage Potential).

b) Any areas that appear to have substantial damage which may lead to exposure shall be reported to the COR as soon as possible, and the Contractor shall review the site with the COR.

c) A separate report is required for each site. The Contractor shall submit two paper copies of each report.

d) The Contractor shall submit a preliminary draft report for Government approval ninety (90) calendar days prior to the Government-established deadline.

e) Upon receipt of approval from the Government, the Contractor shall submit the final revision within thirty (30) calendar days.

f) In detail, the Contractor must include the quantities and conditions discovered during the survey process and incorporate tables that summarize areas, quantities, and conditions on a floor-by-floor and room-by-room basis.

g) After approval of the paper draft report, the Contractor shall submit the survey report for each site on a compact disc (CD) using the current version of Microsoft Word (or using another electronic format, subject to Government approval).

h) The Contractor shall submit full-size computer-aided drafting (CAD) floor plans of each floor and each room, showing the approximate location of ACE and ACM and including thermal system insulation, surfacing, miscellaneous materials, floor tile, and mastic.

i) Copies of existing CAD files shall be furnished to the Contractor for updates. CAD files must be included on the submitted CD in Revit.

j) The Contractor shall submit two copies of E-size (30”x42”) prints of updated CAD drawings.

4. Task Orders

All work performed under this contract shall only be performed by the Contractor via Government- issued task orders awarded against the subject contract. The process will be initiated by the Government notifying the Contractor that work is required. A Statement of Work will be forwarded to the Contractor for each required project.

The Contractor shall propose the IH Specialist and/or analysis methodology and quantity from the line items described in the contract schedule. The Contractor shall also propose a start and ending date for the period of performance of the project.

For example, the contractor might propose the following:

• Certified Industrial Hygienist (CIH): 3 hours

• Industrial Hygiene Technician (IHT): 3 hours

• Lab Analysis of Bulk Samples (PLM Method): 2 each Mold Bulk: 2 each

• Dental Walter Testing: 2 Samples

Once the terms are mutually agreed upon by both parties, a task order will be issued to the Contractor. The task order will include the line items, quantities, and associated pricing. All pricing shall be determined directly from the IDIQ contract pricing schedule in the following section of this SOW. The task order will also include the location of the work and effective start and end dates for the period of performance.

5. MINIMUM QUALIFICATIONS:

The Contractor shall:

• Be licensed with the Texas Department of Health Services to perform asbestos, lead, and mold consulting services. Texas Department of Health Services certificate with license number must be provided.

• Have at least one licensed CIH on staff for asbestos, lead, and mold consulting services. The professional CIH shall be currently trained in EPA MAP project design, management planning, and inspection in accordance with the Texas Department of Health Services. The name of the on-staff IH and their Texas Department of Health Services certificate and license number must be provided.

• Have technicians on-staff with proper certificates and training to perform air sampling, monitoring, and surveillance activities in accordance with Texas Department of Health Services and EPA Accreditation under Section 206 of TSCA, Title II.

• Have their own laboratory to perform the monitoring, testing, and reporting of airborne concentrations of lead, and provide proper documentation that persons performing the analysis have been judged proficient by successful participation within the last year in the National Institute for Occupational Safety and Health (NIOSH) Proficiency Analytical Testing (PAT) Program.

• The laboratory shall be accredited by the American Industrial Hygiene Association (AIH A), and the Contractor shall provide the AIHA documentation along with the date of accreditation/reaccreditation. The chosen lab must have at least 5 years of experience in polarized light microscopy (PLM).

• Have at least 2-5 years of experience working in healthcare facilities and provide a list of jobs and references.

• Be familiar with VA hazardous waste specifications and regulations and provide a list of jobs and references.

6. CONTRACT REQUIREMENTS:

6.1. All contractors performing work under this contract must comply with all current requirements in the references below:

A. VHA Directive 2010-036 B. VA Policy EC-051 Safety and Health During Construction

a. TB testing is required C. VA Master Construction Specifications

a. 01 01 10 Medical Center Requirements

b. 01 35 26 Safety Requirements

The following list of Master Construction Specifications contains the unedited chapters that will be customized for projects at VANTHCS. The IH IDIQ (Indefinite Delivery, Indefinite Quantity) Contractor and testing laboratory shall apply these specifications to abatement design and construction projects at VANTHCS facilities as contracted through task orders:

A. 01 57 19 Temporary Environmental Controls B. 01 74 19 Construction Waste Management C. 02 82 11 Traditional Asbestos Abatement D. 02 82 13 13 Glovebag Asbestos Abatement E. 02 82 13 19 Asbestos Floor Tile and Mastic Abatement F. 02 82 13 21 Asbestos Roofing Abatement G. 02 82 13 31 Asbestos Transite Abatement H. 02 83 33 13 Lead-Based Paint Removal and Disposal

6.2. Monitoring, Inspection, and Testing by Contractor CPIH/CIH:

The Contractor’s CIHis responsible for managing all monitoring, inspections, and testing required by the above specifications, as well as all regulatory requirements adopted by these specifications. The CIH is responsible for the continuous monitoring of all subsystems and procedures which could affect the health and safety of the Contractor’s personnel. Safety and health conditions, and the provision of those conditions inside regulated areas for all persons entering the regulated areas, is the exclusive responsibility of the Contractor.

The individual monitoring the personnel and the area air inside the regulated area shall be an IHT, who shall be trained and shall have specialized field experience in sampling and analysis. The IHT shall have successfully completed a NIOSH 582 course or equivalent and shall provide documentation. The IHT shall participate in the AIHA Asbestos Analysis Registry or in the AIHA Proficiency Analytic Testing program for fiber counting quality control assurance. The IHT shall also be an accredited EPA AHERA/State Contractor/Supervisor or Abatement Worker and Building Inspector. The IHT shall have participated in five abatement projects in which they collected both personal and area samples and maintained responsibility for documentation on substantially similar projects in size and scope.

The analytic laboratory used by the Contractor to analyze the samples shall be AIHA accredited for asbestos PAT and approved by the VA prior to the start of the project. The Contractor CIH or IHT shall maintain a daily log to document all OSHA requirements for air monitoring for asbestos in 29 CFR 1926.1101(f), (g) and Appendix A. The log shall contain, at a minimum, information on personnel or area samples, other persons represented by the sample, the date of sample collection, start and stop times for sampling, sample volume, flow rate, and fibers/cc. This log shall be made available to the VA representative upon request.

The CIH shall collect and analyze samples for each job being done in the regulated area, i.e., removal, wetting, clean-up, and load-out. No fewer than two personal samples per shift – one area sample per 1,000 square feet of regulated area where abatement is taking place and one sample in the clean room area – shall be collected. In addition to the required continuous monitoring, the CIH shall perform inspection and testing at the final stages of abatement for each regulated area as specified in the CIH’s responsibilities.

Additionally, the CIH shall monitor and record pressure readings within a regulated area daily with a minimum of two readings at the beginning of a shift and two readings at the end of a shift. This data shall be submitted in the daily report.

7. CONTRACT TYPE:

This contract is a Fixed Price, Indefinite Delivery-Indefinite Quantity type contract for professional Industrial Hygiene Services with fixed-price task orders to provide the required services.

8. PERIOD OF PERFORMANCE:

Base Year: 11/01/2023 – 10/31/2024 Option Year 1: 11/01/2024 – 10/31/2025 Option Year 2: 11/01/2025 – 10/31/2026 Option Year 3: 11/01/2026 – 10/31/2027 Option Year 4: 11/01/2027 – 10/31/2028

9. SECURITY:

9.1. General

The Contractor shall not have access to the VA network or any VA-sensitive information under this contract.

The Contractor shall comply will all applicable federal, state, and local laws and ensure performance is secure while protecting material, equipment, and actor supplies from damage and loss. Government security personnel shall have the express right to inspect for security violations at any time during the term of the contract. All information generated in performance of this contract becomes the property of the Government and must be surrendered upon request and/or completion of the contract. The Contractor must protect against the destruction and/or misplacement of all information produced under this contract. The Contractor shall not release any information on any part of the subject matter of this contract or any phase of any program hereunder without the prior written approval of the COR.

All Contractors must receive annual privacy training via one of the following methods:

• Complete “VA Privacy Training for Personnel without Access to VA Computer Systems or Direct Access to or Use to VA Sensitive Information” training by using VA’s TMS (Talent Management System) (https://www.tms.va.gov/). Contractors may use the TMS Managed Self Enrollment method to complete the training in TMS. The COR must ensure that all contractors are validated in the PIH domain.

• Complete the hard copy version of “VA Privacy Training for Personnel without Access to VA Computer Systems or Direct Access to or Use to VA Sensitive Information”. Signed training documents must be submitted to the COR.

https://www.tms.va.gov/

Training must be completed prior to the beginning of the contract’s period of performance and annually thereafter. Proof of training completion must be verified and tracked by the

COR.

9.2. Government Badges

Upon arrival at the Dallas VA Medical Center, the Contractor shall report to Building 9 where their driver’s license will be exchanged for a VA-provided badge. At the end of each day, the VA badge will be collected from the Contractor, and the personal ID will be returned.

The COR or VA Medical Center representative will coordinate the issuance of required access badges to Contractor personnel. Contractor personnel shall wear laminated identification badges provided by the Government always when performing. Badges shall be worn on an outer garment, attached to the outer shirt or jacket pocket, or worn around the neck secured by an appropriate lanyard.

The Government-issued identification badge remains the property of the Government and shall be returned to the issuing office upon transfer of employees from the contract.

9.3. Conduct of Personnel

Contractor personnel shall present a professional appearance commensurate with standards delineated for Government civilian personnel acting in similar capacities.

Contractor personnel shall conduct themselves in a professional manner. The CO may require the Contractor to remove from the job site any employee working under this contract for reasons suspected of misconduct, a suspected security breach, or suspected to be under the influence of alcohol, drugs, or any other incapacitating agent. Contractor employees shall be subject to dismissal from the premises upon determination by the CO that such action is necessary in the interests of the Government. The removal from the job site or dismissal from the premises shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the services as required by this SOW. The Government shall not reimburse the Contractor for travel and other expenses associated with the removal of personnel. Contractor personnel are not authorized to carry or possess personal weapons to include, but not limited to, firearms and knives with a blade length more than three inches.

The Government reserves the right to review Contractor personnel qualifications. Upon request, resumes shall be provided to the CO prior to clearance approval, for review and acceptance by the COR. The intent is verification and purpose and not for the Government to become the hiring authority.

IDIQ PERIOD PRICING SCHEDULES

The Contractor shall furnish all necessary labor, materials, sampling, equipment, and supervision to perform the required Industrial Hygiene Services at VANTHCS in accordance with the contractual SOW, federal, state, and local laws, VA Master Specifications, and all clauses and provisions of this contract.

The Price/Cost Schedule will cover the period of performance of this potential 5-year IDIQ contract (one-year base with four one-year optional renewal periods. The estimated quantities are based on recent history and potential remediation scope of work. The quantities are not guaranteed, and due to the unpredictable nature of the workload, quantities could vary significantly from the quantities actually purchased. The unit costs entered shall become the unit costs used during the duration of each of the associated 12-month periods of performance of the IDIQ contract.

See FAR 52.216-18 ORDERING, 52.216-19 ORDER LIMITATIONS, and 52.216-22 INDEFINITE QUANTITY for additional details.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

PRICING SCHEDULE BASE YEAR: 11/01/2023 – 10/31/2024

(All quantities are estimated for the subject 12-month period)

Description Qty Unit Unit Price Extended Price

1. Certified Industrial Hygienist (CIH) 300 Hour

2. Industrial Hygiene Technician (IHT) 300 Hour

3. Laboratory Analysis of Bulk Samples (PLM Method) 250 ea.

4. Laboratory Analysis of Air Samples (PCM Method) 250 ea.

5. Laboratory Analysis of Air Clearance Samples (TEM Method) ea.

6. Mold Bulk 300 ea.

7. Mold Air 300 ea.

8. Lead Bulk 300 ea.

9. Lead Air 300 ea.

10. EMERGENCY – Certified Industrial Hygienist (CIH) 240 Hour

11. EMERGENCY – Industrial Hygiene Technician (IHT) 220 Hour

12. Professional Industrial Hygienist 400 Hour

Base Year Estimated Total Price =

PRICING SCHEDULE OPTION YEAR 1: 11/01/2024 – 10/31/2025

(All quantities are estimated for the subject 12-month period)

Description Qty Unit Unit Price Extended Price

1. Certified Industrial Hygienist (CIH) 300 Hour

2. Industrial Hygiene Technician (IHT) 300 Hour

3. Laboratory Analysis of Bulk Samples (PLM Method) 250 ea.

4. Laboratory Analysis of Air Samples (PCM Method) 250 ea.

5. Laboratory Analysis of Air

8. Lead Bulk 300 ea.

9. Lead Air 300 ea.

10. EMERGENCY – Certified Industrial Hygienist (CIH) 240 Hour

11. EMERGENCY – Industrial Hygiene Technician (IHT) 220 Hour

12. Professional Industrial

Option Year 1 Estimated Total Price =

PRICING SCHEDULE OPTION YEAR 2: 11/01/2025 – 10/31/2026

(All quantities are estimated for the subject 12-month period)

Description Qty Unit Unit Price Extended Price

1. Certified Industrial Hygienist (CIH) 300 Hour

2. Industrial Hygiene Technician (IHT) 300 Hour

3. Laboratory Analysis of Bulk Samples (PLM Method) 250 ea.

4. Laboratory Analysis of Air Samples (PCM Method) 250 ea.

5. Laboratory Analysis of Air Clearance Samples (TEM Method)

8. Lead Bulk 300 ea.

9. Lead Air 300 ea.

11. EMERGENCY – Certified Industrial Hygienist (CIH) 240 Hour

12. EMERGENCY – Industrial Hygiene Technician (IHT) 220 Hour

13. Professional Industrial

Option Year 2 Estimated Total Price =

PRICING SCHEDULE OPTION YEAR 3: 11/01/2026 – 10/31/2027

(All quantities are estimated for the subject 12-month period)

Description Qty Unit Unit Price Extended Price

1. Certified Industrial Hygienist (CIH) 300 Hour

2. Industrial Hygiene Technician (IHT) 300 Hour

3. Laboratory Analysis of Bulk Samples (PLM Method) 250 ea.

4. Laboratory Analysis of Air Samples (PCM Method) 250 ea.

5. Laboratory Analysis of Air

8. Lead Bulk 300 ea.

9. Lead Air 300 ea.

10. EMERGENCY – Certified Industrial Hygienist (CIH) 240 Hour

11. EMERGENCY – Industrial Hygiene Technician (IHT) 220 Hour

12. Professional Industrial

Option Year 3 Estimated Total Price =

PRICING SCHEDULE OPTION YEAR 4: 11/01/2027 – 10/31/2028

(All quantities are estimated for the subject 12-month period)

Description Qty Unit Unit Price Extended Price

1. Certified Industrial Hygienist (CIH) 300 Hour

2. Industrial Hygiene Technician (IHT) 300 Hour

3. Laboratory Analysis of Bulk Samples (PLM Method) 250 ea.

4. Laboratory Analysis of Air Samples (PCM Method) 250 ea.

5. Laboratory Analysis of Air

8. Lead Bulk 300 ea.

9. Lead Air 300 ea.

10. EMERGENCY – Certified Industrial Hygienist (CIH) 240 Hour

11. EMERGENCY – Industrial Hygiene Technician (IHT) 220 Hour

12. Professional Industrial

Option Year 4 Estimated Total Price =

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):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

DEC 2022

52.228-5 INSURANCE—WORK ON A GOVERNMENT

INSTALLATION

JAN 1997

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

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E. Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kapersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115- 91).

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

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

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

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

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78) (19 U.S.C. 3805 note)).

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

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

[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509)).

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

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

[ ] (5) [Reserved].

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

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

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

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

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

[ ] (11) [Reserved].

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

657a).

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

657a).

[ ] (14) [Reserved]

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

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

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

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

[X] (17) 52.219-8, Utilization of Small Business Concerns (SEP 2023) (15 U.S.C. 637(d)(2) and (3)).

[ ] (18)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).

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

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

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

[ ] (v) Alternate IV (SEP 2023) of 52.219-9.

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

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

[X] (20) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 637s).

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

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

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

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

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

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

[ ] (25) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m))

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

644(r)).

[ ] (27) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)).

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

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

13126).

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

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

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

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

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

[X] (33) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

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

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

[X] (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496)

[X] (36)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O.

13627).

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

[X] (37) 52.222-54, Employment Eligibility Verification (MAY 2022). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

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

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

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

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

[ ] (41)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.

13423 and 13514).

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

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

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

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

8259b).

[ ] (44)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

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

[X] (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513)

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

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

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

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

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

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

[ ] (50)(i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (DEC 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C.

chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[ ] (ii) Alternate I [Reserved].

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

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

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

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

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

[ ] (53) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note)

[ ] (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150)

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

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

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

[ ] (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805.

[X] (59) 52.232-33, Payment by Electronic Funds Transfer - System for Award Management (OCT 2018) (31 U.S.C. 3332).

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

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

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

[ ] (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

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

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

[ ] (iii) Alternate II (NOV 2021) of 52.247-64.

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

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

[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

Employee Class Monetary Wage-Fringe Benefits

30090 ENVIRONMENTAL TECHNICIAN $24.27

30210 LABORATORY TECHNICIAN $21.84

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

chapter 67).

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

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

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

[X] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, 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.

https://www.acquisition.gov/far/part-4#FAR_Subpart_4_7

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.

3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, or the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L.

115-91).

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

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

(vi) 52.219-8, Utilization of Small Business Concerns (SEP 2023) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(viii) 52.222-26, Equal Opportunity (SEP 2015) (E.O. 11246).

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

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(xi) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212)

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xiii) 52.222-41, Service Contract Labor Standards (AUG 2018), (41…