RFQ 36C26320Q0641.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 54

36C26320Q0641

Timothy Kimmel 319-688-3646 09-11-2020 2:00 P.M.

36C263

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

1303 5th St, Suite 300 Coralville IA 52241

X 100

X

333318

1000 Employees

N/A

X

36C438

Department of Veterans Affairs Sioux Fall VA Health Care System 2501 West 22nd Street Sioux Falls SD 57105-1305

36C263

NETWORK 23 CONTRACTING OFFICE

1303 5th St, Suite 300 Coralville IA 52241

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page

SPECIAL San-I-Pak Sterilizer Compactor System Replacement

This solicitation is being conducted by the NCO 23 Contract Office - Coralville, IA

This is a Small Business Set-Aside with preference given to SD/VOSBs

This is a LPTA (Lowest Price Technically Acceptable) Procurement

Delivery and/or Installation must be completed within a maximum of 45 calendar days ARO

All questions must be submitted to timothy.kimmel@va.gov NLT 72 hours prior to closing date/time.

THIS IS A BRAND NAME OR EQUAL (BNOE) REQUIREMENT

FOR SAN-I-PAK AUTOCLAVE STERILIZER COMPACTOR

See CONTINUATION Page

*** WILL BE GIVEN AT TIME OF AWARD ***

X X

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (MAR 2020)

C.2 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.3 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.4 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND

COMPLIANCE (JUL 2018)

C.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (AUG 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

E.3 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES—

REPRESENTATION (DEC 2019)

E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.5 52.216-1 TYPE OF CONTRACT (APR 1984)

E.6 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION 2019-

01)

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

E.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.9 52.212-2 EVALUATION—COMMERCIAL ITEMS (JAN 1999)

E.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (JUN 2020)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C263

NETWORK 23 CONTRACTING OFFICE

1303 5th St, Suite 300

Coralville IA 52241

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

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon Delivery and Acceptance

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.

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center

PO Box 149971

Austin TX 78714-9971

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

AMENDMENT NO DATE

STATEMENT OF WORK FOR

ON-SITE TREATMENT OF REGULATED MEDICAL WASTE SYSTEMS BPA

A. GENERAL INFORMATION

1. Name of Project

Sioux Falls VA Health Care System (SFVAHCS), On-site Treatment of Regulated Medical

Waste (RMW) System

2. Background

The VA is responsible for providing high quality and timely commodities and services for our Veterans and their families. As the complexity of those items and services increases, program and technical acquisition and team involvement also become more complex. In addition, enterprise acquisition solutions provide the capability to enhance and streamline our processes for efficiency, timeliness, and an overall cost savings in leveraged quantity buys across the VA while maintaining or improving quality.

SFVAHCS currently manages and disposes of Regulated Medical Waste (RMW) generated by its patient care and treatment activities by utilizing an old autoclave system.

RMW is also referred to as infectious waste, potentially infectious medical waste, biohazardous waste, etc., and includes any waste material or article that harbors, or may be reasonably expected to harbor pathogens that might be expected to produce disease in healthy individuals.

This category may include cultures and stocks, pathological wastes, human and blood products, used sharps, animal wastes and isolation wastes. This does not include radiological waste or pharmaceutical waste.

3. Requirements Overview

The Department of VA is committed to managing the RMW in a manner that is cost effective, environmentally sustainable, and provides our facilities with the ability to continuously function and manage said material in an environmentally safe and hygienic manner, even in the event of natural disaster or national emergency situation.

Therefore, the VA has set-up a VA Enterprise-wide agreement that will allow for the purchase of Three Levels of on-site RMW treatment systems which will include site assessment, installation of the RMW Treatment Systems, initial training, standard operating procedures and practices, warranty, and procedures for scheduled and unscheduled maintenance.

- Contractor shall provide all Personnel, Tools, and Equipment to remove existing San-I- Pak Mark II-N Sterilizer/Compactor

- Contractor shall provide all Personnel, Tools, and Equipment to install Contractor provided San-I-Pak Mark VI-N is a single-chambered integrated sterilizer/compactor system. The integrated design of this system provides a complete and “touch-free” operation for ground-mount applications. Once the waste has been sterilized, the material automatically discharges into the high-density compactor. This proprietary integration operates with a 6:1 compaction ratio. The superior performance of this integrated compactor allows for additional cost saving from reduced pickups. The system meets requirements of Executive Order 13423 and Executive Order 13514, in addition to Federal, State, territorial and local regulations.

Medical waste treatment/disposal processing systems will have the capability for internal or external shredding, compacting, recycling or waste to fuel technology. The contractor must be capable of providing and supporting each of the medical waste treatment/disposal processing systems at the proposed VA site

4. Type of Contract

The Government determined that a firm-fixed-price (FFP)

5. Performance Period

Complete Contract Period of Performance will be completed within 180 days of Contract Award.

6. Place of Performance

Royal C. Johnson Veterans Memorial Hospital Sioux Falls VA Health Care System 2501 W. 22nd Street Sioux Falls, SD 57105

7. Persons Authorized to Issue Delivery Orders Under This BPA

The Strategic Acquisition Center’s Contracting Officer (CO) has established a decentralized multiple-award BPA. The local Contracting Organizations, with direct ordering authority on behalf of VA, will compete Individual Delivery Orders among BPA holders established on the BPA. The Contracting Officer Representative (COR) will coordinate with the issuing CO on overall management, oversight and any resulting modifications of each Delivery Order.

The work required during the period of performance shall be authorized by one or more funded Delivery Orders executed by the issuing CO. The Contractor shall provide an on-site treatment of RMW system required by the individual BPA Order.

B. SPECIFIC TASKS AND DELIVERABLES

On-site RMW (RMW) System:

- Contractor shall provide all Personnel, Tools, and Equipment to remove existing San-I- Pak Mark II-N Sterilizer/Compactor

- Contractor shall provide all Personnel, Tools, and Equipment to install Contractor provided San-I-Pak Mark VI-N is a single-chambered integrated sterilizer/compactor system. The integrated design of this system provides a complete and “touch-free” operation for ground-mount applications. Once the waste has been sterilized, the material automatically discharges into the high-density compactor. This proprietary integration operates with a 6:1 compaction ratio. The superior performance of this integrated compactor allows for additional cost saving from reduced pickups. The system meets requirements of Executive Order 13423 and Executive Order 13514, in addition to Federal, State, territorial and local regulations.

The Contactor shall provide, in addition to the delivery of the system, the following requirements:

1. Site Assessment

2. Installation

3. Initial Training

4. Standard operating procedures and practices

5. Procedures for scheduled and unscheduled maintenance (OPTIONAL)

6. Past Performance

Task One: Site Assessment

Contractors will deploy qualified engineers to assess the current conditions of the facility to accommodate the system. This assessment shall be part of the contractor’s quote submitted for evaluations of individual Delivery Orders. The site assessment shall include, at a minimum:

1. Potential installation locations of the equipment within the facilities. Outside installation is preferred. All system components should fit in existing equipment footprint.

2. Assessment of the current utility feeds.

3. Footprint for the system and required logistics to maneuver waste into the process and ease of access to final product for shipment to disposal (ingress/egress).

4. Conduct a site assessment to identify current utility requirements and locations, potential locations for the system installation, and local resources to support future system operations.

5. Identify any renovations, modifications, or site preparation requirements that may be necessary to accommodate the system.

6. Prepare CAD drawing(s) to reflect any needed structural modifications and/or renovations in order to illustrate how the system will be installed and connected to current utilities infrastructure.

7. Prepare a cost estimate to reflect the total cost associated with facility renovations (if required), system installation, commissioning, operations, maintenance, and other cost associated with the specific site implementation.

8. The system design should minimize staff handling requirements and enhance safety.

Wherever possible, automation should be used to eliminate multiple handling steps and staff contact with RMW bags/containers.

9. The site assessment must include a full process description from point of generation to disposal.

10. The ideal onsite treatment system will minimize space requirements.

11. The system should be able to operate year-round, outside in INSERT LOCATION.

12. Identify your system’s odor management process.

13. Demonstrate that the autoclave system proposed meets or exceeds CDC treatment guidelines for inactivation of Category A waste. List CDC identified treatment centers using the proposed system.

14. VA Birmingham Medical Center prefers a system that does NOT shred the waste to reduce downtime. Additionally, the landfill prefers encapsulated treated RMW for easy visual verification of proper treatment.

The Government will review Contractor’s site assessment and determine the required course of action. Any necessary renovations or modifications to a Government facility will be accomplished by the Government.

Task Two: Installation

The Contractor shall provide verification and certification of the placement of the unit, its connection to required utilities, overall operation of all components, and approval of all required permits.

All installations will be in accordance with Federal, State and local regulations. All installations will be coordinated thru the Program Office and the facilities engineering and medical center engineering facility personnel. The Contractor shall have up to 45 days after receipt of all the systems components to complete installation and ensure equipment is in proper working order.

The Contractor shall perform all operations in a prudent, conscientious, safe, and professional manner. At a minimum, the Contractor must comply with all safety requirements set forth in State, Federal, and local laws and regulations and ensure that its agents, employees, and subcontractors perform the work in a safe manner.

Task Three: Initial Training

The Contractor will provide a comprehensive, hands-on and classroom training program on-site for identified VA staff at each ordering facility that will include operation and maintenance of the on-site treatment equipment. Training shall be coordinated between the Contractor and the ordering facility.

The Contractor, if necessary, will be responsible for providing all required training, certification, or commercial licenses required for all staff engaged in the operation and maintenance of on-site treatment system.

Task Four: Standard operating procedures (SOP) and practices

The Contractor will deliver a SOP and Maintenance Manual that will define the operation of their system. The on-site medical waste treatment systems shall be in compliance with Federal, State, and Local applicable waste regulations. Contractor shall ensure work performed by his/her staff related to the on-site treatment system is in accordance with Occupational Safety and Health Administration, Environmental Protection Agency, and Department of Transportation’s regulations and Center for Disease Control’s guidelines.

Response Time:

The Contractor shall maintain the systems in accordance with the warranty and service requirements as set forth in the SOW for a minimum of 1 year or Manufacturer’s Warranty – whichever is Greater. Response time for repair services during Warranty period is as set forth herein.

The Contractor shall provide telephone operational and technical support (Customer Service Department) twenty-four (24) hours per day, seven (7) days per week (24/7). The Customer

Service Department assistance shall be via an 800 number or other toll free service and shall be operated by service personnel who are qualified to operate, maintain, troubleshoot and repair the RMW system.

The Contractor shall respond for maintenance calls within two (2) hours of notification to their respective Customer Service Departments. If the problem cannot be corrected by phone, or via remote access, the Contractor shall with the COR’s approval commence work on-site, with a physical response. Coordination for this effort will occur within 24 hours of receipt of the first notification or, as approved by the COR.

All required repairs shall commence without undue delay with the system corrected to include replacing malfunctioning parts and retesting the system within 48 hours. The Contractor agrees and understands that the equipment will not access the VHA Network.

Task Six: Past Performance

Contractors shall submit the “Past Performance” surveys as part of their submission packet.

Definitions:

Treatment - any method, technique or process designed to change the character or composition of any RMW so as to either neutralize such waste or to render such waste not infectious. RMW liquid or semi-liquid blood or other potentially infectious materials; contaminated items that would release blood or other potentially infectious materials in a liquid or semi-liquid state if compressed; items that are caked with dried blood or other potentially infectious materials and are capable of releasing these materials during handling; contaminated sharps; and pathological wastes containing blood or other potentially infectious materials.

Environmentally Sustainable - any method, technique or process designed to reduce the amount of waste generated, increase waste diversion, reduce carbon and greenhouse gas emissions and promotes recycling and/or use of other approved green technologies (i.e. waste to fuel) for management of treated waste materials.

C. EVALUATION OF QUOTES

The award process will follow the Best Value Trade-off process of evaluation. The criteria and their relative importance are as follows:

1. Technical Factors

2. Past Performance

3. Price

Technical Factors – The contractors will provide a link to the online video presentation included in their BPA submission. In addition to the video, the following areas will be evaluated:

1. System operation

2. Space requirements

3. Proposed installation location

4. Material handling requirements

Past Performance – The contractors will supply the “past performance” surveys included in their BPA submission. Areas to be evaluated include:

1. Number of surveys (Maximum allowed is 5)

2. Recent installations

3. Duration of operation of those surveyed

Price – The contractors will supply a quotation for a Mark VI-N System. The contractor may also supply a “life-cycle” cost using the cost factors identified in #7 of the Site Assessment.

D. CHANGES TO THE SOW

Any changes to this SOW shall be authorized and approved only through written correspondence from the CO. Change requests will be monitored by the CO. No payments will be made for any unauthorized services or for any unauthorized changes to the scope of work.

This includes any services performed by the Contractor of their own volition or at the request of any individual other than the CO. Only the CO is authorized to change the requirements of this work, terms, and/or conditions.

E. TESTING AND CERTIFICATION

Upon completing delivery and installation, the Contractor shall pre-test the entire system to verify that the system meets the manufacturer’s technical specifications and performance capabilities as set forth in the operator manuals, passes all internal diagnostics tests, and VA requirements as set forth in this SOW.

After successful pre-testing, the Contractor shall notify the COR, at the delivery site, in writing that the system meets all requirements, passed the pre-test and that the system is ready for Government testing and final acceptance by VA. Submission of this notification of system readiness shall be accomplished by the Contractor prior to beginning the Government acceptance test.

F. GOVERNMENT ACCEPTANCE TESTING

The Contractor shall test each system using established procedures to ensure that the system meets all system specifications and conforms to system documentation and passes all internal diagnostics testing to fully prove system performance and meets VA requirements as set forth in this SOW. The Contractor shall provide final acceptance test results and a summary signature page indicating completion by the Contractor.

The written approval by the COR will indicate Government acceptance of the system and the beginning of the 12-month warranty period for that system. In the event the system does not pass the Government acceptance testing, the Contractor shall correct all maintenance issues or return the RMW system delivered and deliver a new RMW system at no additional cost to the Government. Testing will then be performed on the new RMW system delivered. Payments to the Contractor will be made based on final written acceptance of each system by the COR.

G. TRAVEL

The Government will not be responsible for Contractor’s travel.

H. SECURITY

The Contractor shall ensure that all Contractor staff has complied with all security requirements in accordance with VA Handbook 6500.6, Contract Security, prior to performing any work or services. The Contractor will assure that Contractor personnel has access to specified VA facilities commencing immediately upon BPA award and security clearance of Contractor personnel.

I. GOVERNMENT RESPONSIBILITIES

A COR will be designated by the VA for the purposes of administering the technical elements of this contract. Responsibilities and limitations of authority of the COR will be delegated in a Delegation of Authority as the COR Memorandum by the Government. The Contractor shall provide signed acceptance of this memorandum.

J. GOVERNMENT-FURNISHED RESOURCES

Government-furnished resources are not applicable to this acquisition.

K. CONTRACTOR PERSONNEL

The Contractor shall be responsible for managing and overseeing the activities of all Contractor personnel, as well as subcontractor efforts used in performance of this effort. The Contractor's management responsibilities shall include all activities necessary to ensure the accomplishment of timely and effective support, performed in accordance with the requirements contained in this

SOW.

The Contractor shall meet all requirements of Federal, State and local codes regarding the installation and operation of the system. The Contractor must provide the Government with proof of applicable licenses, permits, and an approval for installation of an on-site treatment of RMW system.

L. SALIENT CHARACTERISTICS

Shall provide a full two-year warranty with 4 quarterly visits per year by a qualified Technician.

Shall offer VA installation and a limited life-time warranty on all systems.

Shall include a one-week Factory Training course for two (2) engineers from the hospital, in-service training for all three shifts for both engineering and operations and follow up training during the quarterly scheduled Preventative Maintenance visits.

Shall provide a secure Electronic Record keeping system to download all cycle records required by both Joint Commission and the South Dakota Department of Environmental Quality

Shall allow for an offsite hospital engineer or Technician to remotely monitor the entire system in real time to help trouble shoot and diagnose any minor operational concerns from company headquarters.

The combined Sterilizer/Compactor System MUST fit entirely into the allocated space available. No additional buildings/space are available.

The design of the system MUST allow for the safe and efficient hands-free loading, treatment, and disposal of both infectious and solid waste (no employee contact to manually lift the bag and place in the drum (this exposes the staff member to chemicals, needle sticks, injuries (due to the repetitive lifting)

The new system MUST have the same utility hook-ups as this will drastically save on the cost of rerouting of steam lines, water lines, sanitary sewer and electrical service.

System MUST have a built-in Odor Control System to make for a safe and odor-free workplace environment.

Due to cold South Dakota winters, the new system may be required to be installed indoors. With the limited space available, the new system will fit nicely into an existing building, requiring no structural changes to the building

The new system MUST be able to pass the South Dakota DEQ Waste Processing Permit system and be able to attain this permit.

The new system MUST have a fully integrated design for the safe handling of both regulated medical waste and solid waste in one compact footprint.

A site visit MUST be performed to confirm if the new system will fit into the designated area, provide drawings of where the system would be installed, and discuss the rerouting of utilities.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

T UNIT PRICE AMOUNT

1.00 EA _______________

SAN-I-PAK Mark VI-N Sterilizer Compactor LOCAL STOCK NUMBER: Mark VI-N

40 CUBIC YARD Roll Off Dumpster LOCAL STOCK NUMBER: Rolloff Dumpster

10.00 EA _______________

96 Gallon Trainable DOT Cart w/Lid, Latches and Bio- Hazard Symbol (Red) LOCAL STOCK NUMBER: Biodumpster

10.00 EA _______________

96 Gallon Trainable DOT Cart w/Lid, (Gray) LOCAL STOCK NUMBER: BioDumpster

Single Stage Mounted Cart Dumper LOCAL STOCK NUMBER: Cart

Flared Guide Channels LOCAL STOCK NUMBER: Flared Guide

Machine Stand LOCAL STOCK NUMBER: Stand

Weighing System LOCAL STOCK NUMBER: Weighing System

Special Length Load Platform LOCAL STOCK NUMBER: Platform

1.00 JB _______________

Installation-Removal-Delivery Services LOCAL STOCK NUMBER: Installation

GRAND TOTAL _______________

B.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

1.00

10.00

10.00

SECTION C - CONTRACT CLAUSES

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

ITEMS

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

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

C.1 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (MAR

2020)

(a) Definition. "Small business concern," as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) Applicability. This clause applies only to—

(1) Contracts that have been totally set aside for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(End of Clause)

C.2 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

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

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

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

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

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

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

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

[X] 852.215–71, Evaluation Factor Commitments.

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

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

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

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

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

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

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

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

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

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

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

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

[X] 852.233–71, Alternate Protest Procedure.

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

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

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

[] 852.270–1, Representatives of Contracting Officers.

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

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

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

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

[] 852.273–74, Award without Exchanges.

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

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.3 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—

MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR 52.219-14 Limitations on Subcontracting.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause)

C.4 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING

AND COMPLIANCE (JUL 2018)

(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.

(b) The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor compliance with the subcontracting commitments.

(End of Clause)

C.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Clause)

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

JUL 2016

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

(End of Addendum to 52.212-4)

C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(AUG 2020)

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

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

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L.

115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 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).

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

[] (10) [Reserved]

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

[X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 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 (MAR 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.

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

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

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

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

[X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (MAY 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)).

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

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

[X] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2020) (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 (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

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

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

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

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

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

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

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

[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (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.

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

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109- 283, 110-138, 112-41, 112-42, and 112-43.

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

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

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

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

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

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

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

5150).

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

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

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

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

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

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

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

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

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

637(d)(13)).

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

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

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

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

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

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

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

chapter 67).

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

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

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

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

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

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

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

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

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

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

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

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

3509).

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

(iii) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L.

115–91).

(iv) 52.204–25,…