S02 36C25726Q0041.docx

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Attached to
J065--NTX Mobile Lift PM Services_Base plus 4 Option Years Federal contract opportunity
Solicitation number
36C25726Q0041
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 17

About this file

This document is a Request for Quote (RFQ) for annual inspections, preventative maintenance, and service of mobile powered floor-based lifts for the VA North Texas Health Care System. The solicitation (36C25726Q0041) is a total set-aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSB) with a base period and four option years from November 15, 2025 to November 14, 2030. The contract covers maintenance services for approximately 101 mobile floor-based lifts across multiple VA facilities in Texas, including locations in Dallas, Bonham, Fort Worth, Garland, Tyler, Plano, Grand Prairie, Greenville, Sherman, Denton, and Granbury.

The contract requires comprehensive maintenance including annual weight and function tests, unlimited service calls, and repairs for various lift models such as Denali, Molift, Tollos, Sara Plus, Sara Flex, EZ Way, and Inovi lifts. Contractors must provide all parts, labor, and documentation, with service calls to be attended within one business day. Lifts must be inspected according to manufacturer recommendations and VA Healthcare's preventive maintenance checklist, with all testing to be completed by September 30 each contract year. The solicitation indicates the potential for lift quantity changes in future years, with the current scope covering approximately 101 mobile floor-based lifts across the specified Texas VA facilities.

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Other files for this federal contract opportunity

Other files attached to J065--NTX Mobile Lift PM Services_Base plus 4 Option Years, newest first.
File Type Posted
Attachment A_PM Checklist Mobile List-Sample.pdf PDF
SF30 36C25726Q0041 0001.docx DOCX document
36C25726Q0041 0001_1.docx DOCX document
Service Contract Act WD_2015-5227_Hunt.pdf PDF
36C25726Q0041_3.docx DOCX document
Service Contract Act WD_2015-5227_Dallas.pdf PDF
Service Contract Act WD_2015-5255_Grayson.pdf PDF
Attachment A_Patient Safety Alert AL 14-04.pdf PDF
Service Contract Act WD_2015-5231_Tarrant.pdf PDF
Service Contract Act WD_2015-5839_Hood.pdf PDF
Service Contract Act WD_2015-5227_Denton.pdf PDF
Service Contract Act WD_2015-5227_Collin.pdf PDF
Service Contract Act WD_2015-5257_Smith.pdf PDF
Service Contract Act WD_2015-5273_Fannin.pdf PDF
Attachment B_PM Checklist.pdf PDF
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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

549-26-1-089-0002

36C25726Q0041 10-20-2025 Sherine Brooks 254-538-0416 11-10-2025 16:00

CST

36C257 Department Of Veterans Affairs Network Contracting Office 17 5441 Babcock Road Ste. 302 San Antonio, TX 78240

X

811210 $34 Million

N/A

36C549 Department of Veterans Affairs

Multiple Addresses See Statement of Work

36C257 Department Of Veterans Affairs Network Contracting Office 17 5441 Babcock Road Ste. 302 San Antonio, TX 78240

This is accomplished through the Tungsten Network located at:

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

(877) 353-9791

(512) 460-5540

See CONTINUATION Page Annual Inspections, Preventative Maintenance and Service of Mobile Powered Floor-Based lifts (Base plus 4 Option years)

See Addendum to 52.212-5 for site visit and other information.

See CONTINUATION Page

Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES1
SECTION B - CONTINUATION OF SF 1449 BLOCKS3
B.1 CONTRACT ADMINISTRATION DATA3
B.2 STATEMENT OF WORK4
B.3 PRICE/COST SCHEDULE11
ITEM INFORMATION11
SECTION C - CONTRACT CLAUSES12
C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)12
C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)12
C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)20
C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)20
C.5 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)21
C.6 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)21
C.7 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)24
C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)25
C.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)26
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS28
SECTION E - SOLICITATION PROVISIONS29
E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)29
E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)29
E.3 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)32
E.4 Addendum to FAR 52.212-1 Instructions to Offerors – Commercial Items36
E.5 BASIS FOR AWARD37
E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) (DEVIATION FEB 2025)38

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: Sherine Brooks-Sherine.Brooks@va.gov Department Of Veterans Affairs Network Contracting Office 17 5441 Babcock Road Ste. 302 San Antonio, TX 78240

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.

3. INVOICES: Invoices shall be submitted in arrears:

1. Other [X] Annually

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

Annual Inspections, Preventative Maintenance and Service of Mobile Powered Floor-Based lifts

A. SCOPE OF WORK:

1. Contractors shall provide maintenance services and perform required annual weight and function tests and service calls for up to 101 mobile lifts throughout the VA North Texas Health Care System, in accordance with VHA and manufacturer requirements, as enumerated in this document.

2. Service calls should be attended to in one business day, with prompt attention to repairing mobile lifts in timely manner. The number of lifts start at about 101 mobile floor-based lifts, which is expected to increase gradually in future years.

3. The contractor will provide all parts, equipment, material, labor, and service calls to perform the tests and correct any deficiencies identified by the tests.

4.

Annual Inspections, preventative and corrective maintenance of mobile floor-based lifts and pool lifts must follow manufacturer recommendations. In addition to any manufacturer requirements, VHA has its own required preventive/corrective maintenance checklist which must be filled out when annual preventive maintenance is performed. Required elements for all lifts on wheels include visual inspection for structural integrity to include loose or missing screws, metal fatigue, cracks, broken welds, missing attachments, general instability or other signs of excessive wear; wheel and brake function; scale function if present; lifting and lowering at full capacity; and emergency stop and emergency down at full capacity. The Preventive Maintenance checklist may be changed by the VHA National Center for Patient Safety (NCPS), possibly including detailed instructions for testing the emergency stop, and will be provided to the Contractor any time it is changed. The current required checklist and its FAQ are attached here:

5. Note on timing: Lifts can be inspected in an order suitable to both the Contractor and the lift location. The previous lift testing schedule will be made available, and inspections should ordinarily happen during the month of previous testing or in the month before or after that month. The Contracting Officer Representative (COR) may ask for earlier inspection in specific areas if inspections have expired or lifts have a pattern of problems.

6. Note on quantity: Periodic renovation and purchases may change the number of lifts needing annual inspections each year. We do expect purchases as we grow, meaning that numbers of lifts maintained in option years may be larger than those in the initial year. Lifts that are newly bought but under warranty will require annual testing under this contract but have a warranty service supplied by the manufacturer.

7. The contractor shall provide all labor, supervision, travel, parts, and all other resources required to deliver the requirements stated herein, except as may otherwise be specified in this statement of work.

8. Scheduling will be arranged with the COR, and other Safety, Patient Administrative Service, Nursing, or other service personnel may at times be delegated to assist the contractor in locating rooms. Contractors do not need to be supervised BY VA employees but do need to check in with the designated person onsite at the beginning of each workday. COR will designate the person to check in with at each facility.

9. The contractor shall provide written documentation of tests and service performed on each lift. The service will be deemed received only when the documentation is supplied.

10. The contractor shall provide written documentation of any mobile floor-based power that is missing (from the location listed) on a weekly basis.

11. Locations include:

a. VA NTXHCS (4500 S Lancaster Rd, Dallas, TX 75216)

b. Sam Rayburn Memorial Veterans Center (1201 E. 9th Street, Bonham, TX 75418)

c. Fort Worth Outpatient Clinic (2201 SE Loop 820, Fort Worth, TX 76119)

d. Garland VA Medical Center (2300 Marie Curie Boulevard, Garland, TX 75042),

e. Tyler Broadway VA Clinic (7916 S. Broadway Ave., Tyler, TX 75703)

f. Plano VA Clinic (3804 W 15th St, Suite 175, Plano TX 75075)

g. Grand Prairie VA Clinic (2737 Sherman St, Grand Prairie TX 75051)

h. Greenville VA Clinic (8325 Jack Finney Blvd, Greenville TX 75402)

i. Sherman VA Clinic (1715 Texoma Pkwy, Sherman TX 75090)

j. Denton VA Clinic (2322 San Jacinto Blvd, Denton TX 76205)

k. Granbury VA Clinic (1210 Paluxy Medical Circle Granbury, TX 76048).

l.

· All annual lift testing must be completed by September 30, 2026, and by Sept. 30 each option year. (Award dependent)

12. Period of Performance: Base plus 4 option years Base Year: November 15, 2025 – November 14, 2026 Option Year 1: November 15, 2026 – November 14, 2027 Option Year 2: November 15, 2027 – November 14, 2028 Option Year 3: November 15, 2028 – November 14, 2029 Option Year 4: November 15, 2029 – November 14, 2030

Note - Lift Quantity: This list of lifts is changing as stock is upgraded. We also expect to add more mobile Floor-Based powered lifts in future years as new patient care areas open.

Type of lift
Quantity

Mobile Floor Based powered Lifts:

Denali power- drive lift
2
Molift ( with and without scales)
41
Tollos lift
3
Sara Plus sit to stand
24
Sara Flex sit to stand
21
EZ Way lift
7
Inovi lift
2

Pool Lift:

SPA 500
1

B. BACKGROUND:

1. VA North Texas Health Care System has mobile lifts bought between 2010 and 2025 that need testing and service, and a unified and fast service agreement is a benefit.

2. Any future lifts bought by VA North Texas Health Care System are expected to require the same annual weight and function tests, repairs, unlimited service calls, and option years may have minor quantity changes.

3. Floor-based lifts are acquired for a wide variety of patient care areas. Some will be available during the day when patients are out of the way, and some will only be available outside normal working hours. The COR will negotiate with services controlling the spaces for access. Lift systems and floor-based lifts are installed and bought VA NTXHCS (4500 S Lancaster Rd, Dallas, TX 75216), Sam Rayburn Memorial Veterans Center (1201 E. 9th Street, Bonham, TX 75418), Fort Worth Outpatient Clinic (2201 SE Loop 820, Fort Worth, TX 76119), Garland VA Medical Center (2300 Marie Curie Boulevard, Garland, TX 75042), Tyler Broadway VA Clinic (7916 S. Broadway Ave., Tyler, TX 75703), Plano VA Clinic 3804 W 15th St, Suite 175, Plano TX 75075, Greenville VA Clinic 8325 Jack Finney Blvd, Greenville TX 75402, Sherman VA Clinic 1715 Texoma Pkwy, Sherman TX 75090, Denton VA Clinic 2322 San Jacinto Blvd, Denton TX 76205, Granbury VA Clinic 1210 Paluxy Medical Circle Granbury, TX 76048.

C. GENERAL REQUIREMENTS:

1. Inspection must be completed by personnel who are approved by the manufacturer and qualified to inspect each type of lift system in question, as listed above.

2. Inspection must meet the VHA preventive maintenance checklist, which must be filled out by the inspector. A current version will be provided any time it changes.

3. Inspection for any portable lift must include visual inspection for structural integrity to include loose or missing screws, metal fatigue, cracks, broken welds, missing attachments, general instability or other signs of excessive wear; wheel and brake function; scale function if present; lifting and lowering at full capacity; and emergency stop and emergency down at full capacity.

4. Functional inspection must include all normal functions of the lift.

5. Each weight test must include a full lifting cycle at maximum rated load capacity, with the weights attached appropriately to the hanger bar or lift straps so that the entire lift is tested including soft start/stop and emergency lowering.

6. Scale function must be included in these tests if the lift has a scale.

7. The contractor is responsible for replacing any items damaged by the contractor, sub-contractor, their employees or equipment.

8. The contractor is responsible for cleaning up areas after each inspection is complete and always kept clean. Contractor shall not interrupt any utility service or fire alarm service during the process of this job.

9. No weight testing will occur in patient rooms where the patient is present. Contractor will coordinate with Nursing and other service staff to ensure that empty rooms are available for work.

10. The contractor must notify COR in advance of any operation that requires cutting or creating dust. Any operation of this type will be subject to Infection Control Risk Assessment requirements to be established at the kick-off meeting and clarified as necessary along the way.

11. Any part and/or service not covered by this service contract will not be installed without first receiving a formal purchase order from the VA North Texas Health Care System, Logistics Service, Dallas, TX.

12. Service must provide a response within one business day, and a quick response and repair will be preferred.

D. SPECIFIC MANDATORY TASKS AND ASSOCIATED DELIVERABLES:

1. Documentation of testing must include the date of inspection, the serial number and location of the lift system being tested, VHA’s inspection checklist, the manufacturer’s checklist, any observations of importance for the safety of the hoist, photos of the test, and any corrective actions taken.

2. Contractors must deliver certification records to COR no later than two weeks after certification of each system. Documentation will be required before tests are considered complete.

3. The contractor must notify COR immediately, separately from certification forms, of any damage that jeopardizes the safety of the hoist system and any corrective action required by VA North Texas Health Care System.

4. Contractor will provide parts, labor, shipping, etc. to correct any deficiencies identified by the tests.

5. Work will be insured and certified for no less than 12 months following the completion of the testing and maintenance.

6. Emergency service calls require a response within 24 hours.

E. CONTRACTOR CONDUCT REQUIREMENTS:

1. The contractor shall obtain all necessary licenses and/or permits required to perform this work. The contractor shall take all precautions necessary to protect people and property from damage during the performance of this contract. The contractor shall be responsible for any injury to himself or his employees, or others, as well as for any damage to personal property that occurs during the performance of this contract that is caused by him/her or his/her employee’s fault or negligence. The contractor shall maintain personal liability and property damage insurance prescribed by the laws of the Federal Government.

2. All employees and subcontractors must wear a visible name tag and company identification when onsite. When more than one person is onsite performing work under this contract, one must be designated as a supervisor and must be fully responsible for the work to be performed.

3. Employees and subcontractors working onsite must wear the VA Contractor badge that can be checked out and back in with Safety service in building TT49. In Bonham, this badge can be found in Engineering Service.

4. The Contractor shall provide all supplies, materials, equipment, qualified personnel, supervision, management, and transportation to perform all tasks as identified herein. All work is to be performed in accordance with the guidelines established by the Federal, , and local ordinances and The Joint Commission. The Contractor’s procedures and quality control procedures shall conform to these guidelines.

5. The Contractor must make all subcontractors aware of the requirements of this contract.

6. Contractor personnel must conduct their work so as not to interfere with the normal functioning of the facility and will stop work if asked by VA North Texas Healthcare System personnel. Hours of work may need to be limited to daytime on units where patients sleep and nighttime in areas where patients would be exposed to risk by daytime work.

7. The Contractor shall take all precautions necessary to protect the lives and health of occupants of the building.

8. The Contractor must follow procedures required by VA North Texas Healthcare System Infection Control personnel and the construction safety committee, to include any required dust control.

9. Contractors performing any Construction activities must have 10-hour OSHA construction cards and must coordinate with the VA North Texas Healthcare System Construction Safety Officer to make sure safety requirements are followed.

10. The Contractor must state what efforts will be made to minimize noise during testing of equipment.

11. The Contractor shall immediately correct any fire and safety deficiencies caused by his personnel. If the contractor fails or refuses to correct deficiencies promptly, the Contracting Officer may issue an order stopping all or any part of the work and may hold the contractor in default of the contract.

12. The Contractor shall comply with applicable Federal and local safety and fire regulations and codes which are in effect at the beginning of the contract period. The contractor shall keep abreast of any changes in these regulations and codes applicable to the contract.

13. All material and equipment will be removed from the facility or stored properly at the end of each workday and secured during the workday in the areas specified by the Contracting Officer’s Representative.

14. The Contractor is responsible for supplying, completing, and submitting all reports required or requested by Federal or local ordinances which pertain to any duties contained in the contract.

15. The Contractor will be required to furnish the VA North Texas Health Care System with material safety data sheets for all chemicals used during this work. This information is required by the VA for emergency treatment in the event of ingestion of and/or contact with the material by humans and is required by OSHA regulations.

16. The Contractor will be required to follow all OSHA General Industry regulations, or if construction activities are performed, Construction regulations.

17. No hot electrical work shall be performed. Any electrical work that is necessary must be coordinated with the facility electricians, and lockout/tagout provisions must be presented if electrical work is required.

18. The Contractor’s personnel shall follow applicable policies of the VA North Texas Health Care System, to include policies concerning fire and disaster preparedness programs.

19. The contractor shall furnish at his own expense all labor, materials, machinery, and appliances which may be necessary or appropriate in the performance of this contract.

20. Any accumulated rubbish is to be collected and placed in facility trash or dumpsters.

F. CONTRACTOR EXPERIENCE REQUIREMENTS:

1. The contractor must provide evidence of qualifications to inspect all mobile lifts listed.

2. At least one person who is certified by the manufacturer on the equipment to be tested must lead each test.

G. PARTS:

1. The Contractor shall furnish all parts as necessary to maintain the equipment, covered by this contract, in accordance with the Conformance Standards Section.

2. The Contractor stipulates that he/she has ready access to new standard parts (manufactured, supplied by the manufacturer, or equal thereto).

3. All parts supplied shall be of current manufacture and have full compatibility with existing equipment.

4. Documentation of intended parts source(s) shall be provided to the Contracting Officer upon request.

H. SCHEDULE FOR DELIVERABLES:

1. Schedules will be planned with the contractor and will flex to allow for room availability. Inpatient rooms will be prioritized first.

2. Testing shall be completed between the contract issue date and September 30, 2026. Room availability will be arranged by COR and Nursing or local service staff.

3. Contractor must deliver certification records to COR no later than one month after certification of each system.

4. The contractor must notify COR immediately, separately from certification forms, of any damage that jeopardizes the safety of the hoist system and any corrective action required by VA North Texas Health Care System.

5. If for any reason any deliverable cannot be delivered within the scheduled time frame, the contractor is required to explain why in writing to the Contracting Officer (CO), including a firm commitment of when the work shall be completed. This notice to the CO shall cite the reasons for the delay, and the impact on the overall project. The CO will then review the facts and issue a response, in accordance with applicable regulations.

I. CHANGES TO STATEMENT OF WORK:

1. Any changes to this SOW shall be authorized and approved only through written correspondence from the COR/CO. A copy of each change will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the CO shall be borne by the contractor.

J. CONFIDENTIALITY AND NONDISCLOSURE:

It is agreed that:

1. The preliminary and final deliverables, and all associated working papers and other material deemed relevant by VA which have been generated by the contractor in the performance of this task order, are the exclusive property of the U.S. Government and shall be submitted to the COR/CO at the conclusion of the task order.

2. The COR/CO will be the sole authorized official to release, verbally or in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this task order. No information shall be released by the contractor. Any request for information relating to this task order, presented to the contractor, shall be submitted to the COR/CO in response.

3. Press releases, marketing material, or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO.

4. Vendors are to adhere to federal privacy laws and to keep confidential any sensitive or personal information learned during the performance of this contract.

K. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS: No VA sensitive information is included in this contract.

L. NARA RECORDS MANAGEMENT LANGUAGE CLAUSE:

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.

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.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created while 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.

4. VA NTXHCS 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 VA NTXHCS 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 VA NTXHCS. The agency must report promptly to NARA in accordance with 36 CFR 1230.

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 are 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 VA NTXHCS 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).

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 VA NTXHCS guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

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

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

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.

10. VA NTXHCS 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 VA NTXHCS 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.

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 #3873736, Records Management for Records Officers and Liaisons. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

End Statement of Work

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1.00
YR
__________________
__________________

ANNUAL INSPECTION FOR MOBILE FLOOR-BASED LIFTS INCLUDING UNLIMITED SERVICE CALLS. SEE SOW FOR LOCATION DETAILS.

Contract Period: Base POP Begin: 11-17-2025 POP End: 11-16-2026

1.00
YR
__________________
__________________

ANNUAL INSPECTION FOR MOBILE FLOOR-BASED LIFTS INCLUDING UNLIMITED SERVICE CALLS. SEE SOW FOR LOCATION DETAILS.

Contract Period: Option 1 POP Begin: 11-17-2026 POP End: 11-16-2027

1.00
YR
__________________
__________________

ANNUAL INSPECTION FOR MOBILE FLOOR-BASED LIFTS INCLUDING UNLIMITED SERVICE CALLS. SEE SOW FOR LOCATION DETAILS.

Contract Period: Option 2 POP Begin: 11-17-2027 POP End: 11-16-2028

1.00
YR
__________________
__________________

ANNUAL INSPECTION FOR MOBILE FLOOR-BASED LIFTS INCLUDING UNLIMITED SERVICE CALLS. SEE SOW FOR LOCATION DETAILS.

Contract Period: Option 3 POP Begin: 11-17-2028 POP End: 11-16-2029

1.00
YR
__________________
__________________

ANNUAL INSPECTION FOR MOBILE FLOOR-BASED LIFTS INCLUDING UNLIMITED SERVICE CALLS. SEE SOW FOR LOCATION DETAILS.

Contract Period: Option 4 POP Begin: 11-17-2029 POP End: 11-16-2030

GRAND TOTAL
__________________

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

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

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

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

(End of Clause)

FAR Number
Title
Date
52.203-17
CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS
NOV 2023
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 (JAN 2025) (DEVIATION FEB 2025)

(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:

[] (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, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) (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.

[] (20) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and (3)).

[] (21)(i) 52.219–9, Small Business Subcontracting Plan (JAN 2025) (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 (JAN 2025) of 52.219–9.

[] (v) Alternate IV (JAN 2025) 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)).

[] (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, Postaward Small Business Program Rerepresentation (JAN 2025) (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. 637(a)(17)).

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

[] (32) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2025) (E.O. 13126).

[] (33) [Reserved] [] (34) [Reserved] [] (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.

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

[] (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).

[] (40) 52.222-54, Employment Eligibility Verification (JAN 2025). (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) (DEVIATION FEB 2025) (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 (JAN 2025) 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).

[X] (63) 52.240–1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act—Covered Foreign Entities (NOV 2024) (Sections 1821–1826, Pub. L. 118–31, 41 U.S.C. 3901 note prec.).

[] (64) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[] (65)(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 Electronics Tech, Maintenance Monetary Wage/Fringe Benefits $32.31

[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).

[] (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (JAN 2025) (49 U.S.C. 40118(g)).

(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. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iv) 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).

(v) 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).

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

(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) (Pub. L. 115–390, title II).

(B) Alternate I (DEC 2023) of 52.204–30.

(viii) 52.219–8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) [Reserved]

(x) [Reserved]

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

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

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

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

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

(xvi)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xvii) 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).

(xviii) 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).

(xix) 52.222-54, Employment Eligibility Verification (JAN 2025) (E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xxi) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xxii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxiii) 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).

(xxiv) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232–40.

(xxvi) 52.240–1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone…

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