S02 36C25724Q0976.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

756-25-1-6959-0001

36C25724Q0976 08-29-2024

Lorri Schoellkopf 210 831 1852 09-26-2024

12PM CDT

36C257 Department Of Veterans Affairs VISN17 Network Contracting Activity

5441 Babcock Road Ste. 302 San Antonio TX 78240

X 100

X

493190

$36.5 Million

N/A

X

Department of Veterans Affairs

EPVAHCS

5001 N. Piedras Street

El Paso TX 79930

36C257

Department Of Veterans Affairs Network Contracting Office 17

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

Furniture Installation, Storage and Moving

See Statement of Work for details.

RFQ Question Cut-Off Date/Time: Sep 9, 2024, @ 12PM CDT.

See CONTINUATION Page

X X

X 1

Joseph A. Leyte Contracting Officer http://www.fsc.va.gov/einvoice.asp

36C25724Q0976

Table of Contents

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 (MAY 2024)

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 25

C.5 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.7 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

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

(DEVIATION)

C.8 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.9 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.10 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) . 32

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 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

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

COMMERCIAL SERVICES (SEP 2023)

E.5 ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)

E.6 BASIS FOR AWARD

E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

E.8 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.9 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.10 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: TBD

b. GOVERNMENT: Contract Specialist Lorri Schoellkopf Department Of Veterans Affairs VISN17 Network Contracting Activity

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] Monthly

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

B.2 STATEMENT OF WORK

1. OBJECTIVE

El Paso Veterans Affairs Health Care System (EPVAHCS) requires asset inventory management services, storage, and labor/installation. The contractor must have the capabilities to provide labor (technically trained personnel) for the inventory data capture management, product handling inventory management of VA’s multi-manufacturer complicated systems furniture and freestanding furniture and for installation throughout the facility. Knowledge of multi-manufacturer systems furniture (Haworth, Herman Miller, Knoll, Steelcase, etc.) with a minimum of 3 years’ experience of working with product is a must.

2. SCOPE OF WORK

The Contractor shall furnish all labor, tools, equipment and trucks to provide and execute the pickup of complex furniture systems, moving of complex furniture systems, freestanding furniture, and the computer data management of these complex systems and furniture. The VA will supply the furniture systems and freestanding furniture to be picked up and inventoried at the vendor’s inventory management center.

All work performed under this contract shall come in the form of service requests by the COR.

The Contractor shall provide a quote which will be evaluated and approved by the COR.

Payment shall only be made on work previously quoted, approved by the VA and completed 100% by the Contractor, including any inspections required. All work performed under each option year shall not surpass the threshold limit. If the threshold is reached, and the COR determines that additional work is needed, a contract modification shall be requested to the CO to increase the threshold for that respective option year. If the threshold is not reached, the COR will request a contract modification to the CO to decrease the threshold for that respective year.

The EPVAHCS reserves the right to add or delete service based on demand. Changes shall be addressed in a written bilateral modification to this contract issued by the Contracting Officer.

The contractor shall provide furniture moving, installation, and storage services for EPVAHCS for the facilities listed below.

A. Medical Centers:

1. EPVAHCS 5001 N. Piedras Street, El Paso, TX 79930

B. Community Based Outpatient Clinics (CBOC):

1. East Side CBOC, 2400 Trawood Dr Suite 200 El Paso, TX 79936

2. Las Cruces CBOC, 3401 Del Rey BLVD Las Cruces, NM 88012

3. Las Cruces HBPC, 2123 Telshor CT. Las Cruces, NM 88011

4. Northeast CBOC, 5229 Sanders Ave., El Paso, Texas 79924

5. Sleep Center, 1250-B East Cliff Dr., El Paso, Texas 79902

6. South Central Wellness Facility, 350 Revere Street El Paso, TX 79905

7. Warehouse, 6 Founders Blvd., Suite B, El Paso, Texas 79906

8. Westside CBOC, 1870 Northwestern Dr., El Paso, Texas 79912

C. Administrative Facilities:

1. Fort Bliss Building 116, 116 Pershing Rd. Fort Bliss, TX 79906

2. Fort Bliss Building 117, 117 Pershing Rd. Fort Bliss, TX 79906

D. Future Locations

1. Fort Bliss Building 7304 – Pending

2. Women’s Veterans Health Clinic

3. Las Cruces (Categorical)

4. Northeast CBOC Replacement

5. Central CBOC

6. Horizon City CBOC

7. Las Cruces CBOC Replacement

8. Sterile Processing Services (SPS)

9. Las Cruces Dental Clinic

10. El Paso Dental Clinic

3. PERIOD OF PERFORMANCE

This procurement is programmed for a base + 4 option year award as follows:

A. Contract Year Periods

1. Base Ordering Period: 12/31/2024 to 12/30/2025

2. Ordering Period 1: 12/31/2025 to 12/30/2026

3. Ordering Period 2: 12/31/2026 to 12/30/2027

4. Ordering Period 3: 12/31/2027 to 12/30/2028

5. Ordering Period 4: 12/31/2028 to 12/30/2029

B. Normal Duty Hours: Monday through Friday, 8:00am to 4:30pm, Mountain Standard

Time, excluding Federal Holidays and any other day specifically declared by the President of the United States to be a national holiday.

Non-Duty Hours: Monday through Friday 4:30pm to 8:00am, Mountain Standard Time, and Saturdays and Sundays. There may be non-duty hours or weekends where work is needed in this contract. The contractor shall be required to start urgent/non-duty work within three hours of notification from the Contracting Officers Representative (COR).

Any exceptions require a Contracting Officer’s (CO) approval.

Non-duty hours shall also include the following Federal Holidays:

1. New Year’s Day (January 1)

2. Martin Luther King, Jr. Day (Third Monday in January)

3. President’s Day (Third Monday in February)

4. Memorial Day (Last Monday in May)

5. Juneteenth (June 19)

6. Independence Day (July 4)

7. Labor Day (First Monday in September)

8. Columbus Day (Second Monday in October)

9. Veterans Day (November 11)

10. Thanksgiving Day (Fourth Thursday in November)

11. Christmas Day (December 25)

4. CONTRACTOR GENERAL REQUIREMENTS

It is the intent of these specifications to govern receiving of furniture and furnishings, maintain a current inventory of existing furnishings, and perform moves to include:

1. Moving furniture.

2. Disassembly and assembly of furniture.

3. Removal, storage, inventory, and delivery of existing furniture.

A. The contractor is responsible for ensuring that its company and personnel maintain any generally required professional certification, accreditation license, bond, and proficiency relative to their area of expertise. The contractor shall retain documentation of such records. The Government will not pay for expenses to meet this requirement. The contractor is responsible for ensuring staff are trained and certified for planning and installing product to maintain the integrity of the manufacturer’s warranty. The contractor must have certification to provide installation services for the following manufacturers, at a minimum:

1. Herman Miller

2. Steelcase

3. Knoll

4. Haworth

B. The Contractor shall furnish all labor, equipment, materials, tools, supervision, and expertise required to receive, move, disassemble, and assemble furniture for EPVAHCS.

The contractor will be responsible for installing wall mounted sit-stands and accessories to include literature racks, bullet boards, and marker boards in addition to systems furniture items. The placement of all wall mounted items shall be coordinated with the COR prior to installation.

C. If applicable, the COR will provide the contractor with an electronic copy of the furniture component listings and installation drawings so the contractor can coordinate receiving, storage, and installation. The COR shall enter inventory orders to be delivered by the contractor in the contractor’s inventory system and include these in the daily task lists.

D. The contractor shall assign a single point of contact that will consistently be a project manager as needed, manage the work performed under the contact and shall coordinate work with the other contractor personnel. The project manager shall have a cell phone with e-mail capabilities to simplify communication between the contractor personnel and VA personnel.

The contractor’s project manager shall be responsible for providing the installation crew with copies of furniture component listing and installation drawings previously provided by the COR. The contractor’s project manager shall coordinate sequencing and staging with the COR on larger projects.

E. The contractor’s lead installer shall ensure that the job is completed and inspect the job site before notifying the COR that the work is complete. The lead installer must clearly communicate with VA personnel. The lead installer should be the same person for each VA project to the maximum extent practicable.

F. The contractor personnel shall be dressed professionally to include at a minimum attire such as the contractor’s uniform or the contractor’s company logo.

G. Work schedule will vary with workload. When called for projects, the contractor will be requested to work no less than two hours per call. The individual projects could extend several days depending on size of the project. When contacted to respond to an urgent move or installation request, the contractor must be available within two days of an urgent request.

H. The contractor shall provide cleaning services of product (ex: fabric panels) as needed/directed by VA staff.

I. The contractor shall also provide minor repairs to damaged furniture when possible.

Examples of minor repairs include replacing a wheel on a chair, re-gluing castors, cuts to work surfaces around columns, re-edge banding, etc.

J. The contractor shall provide sufficient and consistent personnel and crews based on workload as required to accomplish assigned tasks in the time frame stated per the project timeline.

K. The contractor shall provide, operate, manage and maintain a trained, uniformed team of personnel to provide the services.

L. The contractor’s personnel shall have the ability to meet and communicate with the general public; ability to physically perform the functions required in the performance of the assigned duties; ability to read English; understand and apply printed rules, detailed orders, instructions, and furniture drawing layouts. They shall also be familiar with a variety of commercial furniture product disassembly/assembly parts and components.

M. The contractor is responsible for identifying when a project is complete, per plans and specifications, and reporting to the COR for inspection when required. The contractor is only to take instruction from the COR or VA CO during any assignment. The contractor shall notify the COR regarding any schedule implications (if work is taking longer or is completed quicker than scheduled), if there are missing products, or if there is a warranty issue.

N. If electronic task list cannot be completed as a result of government delay, the contractor will notify the COR to reschedule.

O. Furniture Inventory Software – The contractor is responsible to input the existing inventory into a web-based solution (SnapTracker for example) that is accessible by VA staff. All data must be fully available to VA staff within thirty days after contract award.

The contractor shall own and maintain the database throughout the life of the contract. At the end of the contract the contractor will provide a digital and printed copy of the inventory. Digital copy must be provided such that it is easily transferrable to another system.

5. CONTRACTOR’S STORAGE OR WAREHOUSE FACILITY

A. The contractor shall receive and store new furniture. The square footage of storage space required for new and existing furniture will vary between 1,200 square feet and 2,500 square feet. It is dependent on workload and timing of large projects. On average there is approximately 1,800 square feet of space required for storage at the contractor’s warehouse.

B. The contractor shall store furniture inventory until installation of product is scheduled by the COR. The contractor will notify the COR upon receiving VA furniture to initiate receiving reports and schedule installation.

C. The contractor is responsible for unpacking and disposing of all packaging materials. All debris and rubbish not specified to become Government property shall be disposed of by the contractor off Government property. Disposal will adhere to all applicable Federal, State and local hauling and disposal regulations. All items that can be recycled shall be recycled. The contractor shall leave workspaces clean and vacuum workspace if necessary, after work is completed.

D. The contractor shall inventory all existing furniture that is stored in their warehouse and continually keep the inventory database up to date as items are added and removed from inventory. The inventory program shall be available on a website and shall always be accessible to both VA personnel and contractor personnel. The inventory shall include a naming convention assigned to each inventoried item, photograph(s) of each piece or type when quantities apply, a description, size (width x height x depth), quantity, manufacturer, model, number of finish specifications, and location stored in warehouse.

The inventory shall be updated weekly to reflect accurate information. The categories for inventory shall be coordinated with the COR. The inventory system shall allow the COR to create furniture orders from inventory to include delivery dates.

E. The contractor’s storage or warehouse facility is required to be no more than fifty miles from the EPVAHCS at 5001 N. Piedras Street, El Paso, TX 79930.

F. The contractor’s warehouse must be able to receive product Monday through Friday (excluding federal holidays), between 7:00am to 5:00pm Mountain Standard Time.

6. CONTRACT INVOICES

A. The services listed in the Price/Cost Schedule are estimates and may be increased or decreased according to need. The prices include all labor, resources, and incidental/related services to provide the storage, moving, and installation services. There shall be no extra costs to the Government for services that are detailed and required of the contractor within this Statement of Work.

B. The contractor shall provide individual quotes for services requested to the COR. COR will review and accept or reject quotes. Payment will be made when services are completed and invoices are submitted. Invoices submitted prior to completion of a service will be rejected.

7. SPECIAL CONTRACT REQUIREMENTS

A. The services in this contract may only be changed by written modification. The modification shall be bilateral and binding when signed by a VA Contracting Officer.

B. The services to be performed by the contractor shall be performed in accordance with VA policies and procedures of the VA facility. Under no circumstances will the contractor’s employees be considered VA employees.

C. The contractor shall have insurance for general liability, worker’s compensation, and vehicle insurance. After contract award, the contractor shall furnish a certificate of insurance proving all required coverage has been obtained to the VA. The contractor is responsible for maintaining insurance coverage for the duration of the contract.

8. CONTRACTOR QUALIFICATIONS

A. Personnel assigned by the contractor to perform the services covered by this contract shall be experienced in installing a variety of different manufacturers’ products, to include systems furniture. The contractor’s Project Manager and Lead Installer must have a minimum of two years of experience performing furniture and systems furniture installation services.

B. All certifications held by the personnel working on this contract shall be full and unrestricted. The qualifications of such personnel shall also be subject to review by the COR. Each person assigned to work under this contract shall be certified and trained in furniture installation services and operation of any equipment used.

9. CONTRACTOR PERSONNEL

A. Contractor will assign a Project Manager (PM) in writing, who will be the key point of contact for VA when communication with Contractor is necessary throughout the performance of this contract. All proposed substitutions are to be submitted to the COR in writing, at least 30 calendar days in advance of the proposed effective date. Contract personnel working on-site at any VA location shall adhere to the rules and regulations in place at the specific VA location.

B. Contractor's employees are required to wear VA’s visitor’s tag or badge while on the premises of the VA. Police Services, 3rd floor, Room A308 will provide Contractor's employee with a visitor’s badge. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Section. Parking at the South parking lot is prohibited since this is a patient reserved area. The VA will not invalidate or make reimbursement for parking violations of the Contractor or Contractors' employees under any conditions. The COR will not be responsible for monitoring employee attendance on the job. The VA’s Safety Service shall brief Contractor's employees on emergency procedures, such as Fire Safety.

Possession of weapons is prohibited. Enclosed containers, including personnel items, shall be subject to search. Violations of VA regulations may result in citation answerable in the United Sates (Federal) District Court, not a local district, state, or municipal court.

10. NONPERSONAL SERVICES:

A nonpersonal services contract is defined in FAR 37 as a contract under which the personnel rendering services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

The Contractor will perform independently and not as an agent of the government. The ordering activity may evaluate the quality of professional and administrative services provided but retains no control over professional aspects of the services rendered.

11. NO SMOKING POLICY:

All Contractor personnel are subject to and must comply with all Federal, State, and Local Policies, Rule and Regulations. As an example, the South Texas Veterans Health Care System (STVHCS) is a non-smoking facility except in designated areas. Executive Order No. 13058 Protecting Federal Employees and the Public From Exposure To Tobacco Smoke in the Federal Workplace Applies. STRICT ADHERENCE TO FEDERAL, STATE, AND LOCAL

POLICIES, RULES, AND REGULATIONS WILL BE ENFORCED. VIOLATORS MAY BE

SUBJECT TO FINES.

If work is to be done outside of the Department of the Veterans Affairs, i.e., Leased Building, smoking is strictly prohibited in the building and on the rooftop. The Contracting Officer may remove Contractors not adhering to these rules.

The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of the Government. Upon completing the work, the Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the COR.

12. QUALTIY ASSURANCE SURVEILLANCE PLAN

A. The monitoring of the contractor’s performance shall be done by the COR. Incidents of contractor noncompliance, as evidenced by the monitoring procedures, shall be first discussed with the contractor by the VA Contract Specialist (CS). If no resolution can be found, incidents will then be forwarded to the VA CO for final resolution.

B. The Quality Assurance Surveillance Plan (QASP) shall outline the evaluation criteria to ensure the contractor is aware of the quality and criteria required to meet the terms of the contract.

C. The COR shall assess the contractor performance once per month and will provide a written assessment to the contractor and VA Contracting.

D. The evaluation criteria and standards are listed in the Services Summary section.

13. SERVICES SUMMARY

TASK # CRITERIA STANDARD RATING

1 The contractor shall provide a timely, within two days, response time for urgent or off duty work requested by VA.

Per each calendar month, no more than two documented occurrences of the contractor not responding to urgent or off duty requests with two days notification by the COR or CO.

Pass/Fail

2 The contractor shall provide the timely submission of complete and accurate invoices to VA no later than fourteen calendar days after the end of the month.

Per each calendar month, no more than two documented occurrences of the contractor invoicing after

Pass/Fail the fourteenth calendar day after the end of a month.

3 The contractor shall be required to thoroughly complete each project before notifying the COR that the project’s work is complete. The contractor shall notify the COR of any variance to the schedule, to include any work not completed and/or missing parts/components.

Per each calendar month, no more than two documented occurrences of the contractor not ensuring that a project is complete before project closeout. All punch list items and any other work must be complete before work is officially accepted by the COR.

Pass/Fail

4 The contractor shall adhere to scheduled work times unless notified by the COR. The order of the schedule shall be followed unless approved by the COR.

Per each calendar month, no more than two documented occurrences of the contractor not ensuring that all scheduled work is completed per agreed upon schedule.

Pass/Fail

5 The contractor shall accurately maintain an inventory and update the web-based inventory system on a weekly basis.

Per each calendar month, no more than two documented occurrences of the contractor not keeping an accurate inventory.

Pass/Fail

6 The contractor shall avoid contractor-caused delays to project schedules.

Per each calendar month, no more than four document occurrences of contractor-caused delays to project schedules.

Pass/Fail

14. RECORDS MANAGEMENT:

14.1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

14.2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

14.3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

14.4. El Paso Veteran Affairs Health Care System (EPVAHCS) and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of EPVAHCS or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.

In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to EPVAHCS. The agency must report promptly to NARA in accordance with 36 CFR 1230.

14.5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to EPVAHCS control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

14.6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and EPVAHCS guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

14.7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with EPVAHCS policy.

14.8. The Contractor shall not create or maintain any records containing any non-public EPVAHCS information that are not specifically tied to or authorized by the contract.

14.9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

14.10. The EPVAHCS owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which EPVAHCS shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227- 20.

14.11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training, Talent Management System (TMS) Item #10176, Privacy and Information Security, Rules of Behavior. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

(End of Statement of Work)

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

12 MO __________________ __________________

Storage Space: 2,500 square feet.

Contract Period: Base POP Begin: 12-31-2024 POP End: 12-30-2025

Moving and Installation on approximately 38,400 square feet.

Note to Exceed Line Item. Quantities are estimated and may decrease depending on actual amounts of furniture moved and installed. Contractor should invoice and will only be paid for amounts actually relocated and installed.

Contract Period: Base

Inventory for 2,500 square feet.

Contract Period: Base

Contract Period: Option 1 POP Begin: 12-31-2025 POP End: 12-30-2026

Note to Exceed Line Item. Quantities are estimated and may decrease depending on actual amounts of furniture moved and installed. Contractor should invoice and will only be paid for amounts actually relocated and installed.

Contract Period: Option 1

POP Begin: 12-31-2025

Contract Period: Option 1 POP Begin: 12-31-2025

Contract Period: Option 2 POP Begin: 12-31-2026 POP End: 12-30-2027

Note to Exceed Line Item. Quantities are estimated and may decrease depending on actual amounts of furniture moved and installed. Contractor should invoice and will only be paid for amounts actually relocated and installed.

Contract Period: Option 2

Contract Period: Option 2

Contract Period: Option 3 POP Begin: 12-31-2027 POP End: 12-30-2028

Note to Exceed Line Item. Quantities are estimated and may decrease depending on actual amounts of furniture moved and installed. Contractor should invoice and will only be paid for amounts actually relocated and installed.

Contract Period: Option 3

Contract Period: Option 3

Contract Period: Option 4 POP Begin: 12-31-2028 POP End: 12-30-2029

Note to Exceed Line Item. Quantities are estimated and may decrease depending on actual amounts of furniture moved and installed. Contractor should invoice and will only be paid for amounts actually relocated and installed.

Contract Period: Option 4

Contract Period: Option 4

GRAND TOTAL __________________

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

52.204-13 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

NOV 2023

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

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

(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 Kaspersky Lab Covered Entities (DEC 2023) (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) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712);

this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

[X] (5) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (6) [Reserved]

[] (7) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (8) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (9) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

[] (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115–390, title II).

[X] (11)(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition.

(DEC 2023) (Pub. L. 115–390, title II).

[] (ii) Alternate I (DEC 2023) of 52.204–30.

[X] (12) 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).

[] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

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

[] (14) [Reserved]

[] (15) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[] (16) 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).

[] (17) [Reserved]

[] (18)(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.

[] (19)(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] (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

[] (21)(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.

[] (22)(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.

[] (23) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[] (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.

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

[X] (25) 52.219–27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

[X] (26) (i) 52.219–28, Post-Award Small Business Program Representation (FEB 2024) (15 U.S.C. 632(a)(2)).

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

[] (27) 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)).

[] (28) 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)).

[] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (30) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[X] (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[] (32) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126).

[X] (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (34)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

[X] (35)(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] (36)(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] (37) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[X] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

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

[X] (39)(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] (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 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.)

[] (41)(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.)

[] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).

[] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).

[] (44) 52.223-20, Aerosols. (MAY 2024) (42 U.S.C. 7671, et seq.).

[] (45) 52.223-21, Foams (MAY 2024). (42 U.S.C. 7671, et seq.).

[X] (46) 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C.

8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671I).

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

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

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

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

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (NOV 2023) (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].

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

[] (iv) Alternate III (FEB 2024) of 52.225-3.

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

[] (50) 52.225–5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note

[X] (51) 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).

[] (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. Subtitle A, Part V, Subpart G 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) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving

(MAY 2024) (E.O. 13513)

[] (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 09040 Furniture Handler $21.89/hour

[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, 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 products or 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) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).

(iii) 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.