RFQ_140D0419Q0445_.pdf

United States Department of the Interior

INTERIOR BUSINESS CENTER

Washington, DC 20240

To: All Potential Vendors on FedBizOpps (FBO)

From: Acquisition Services Directorate (AQD), Interior Business Center (IBC), Department of the Interior (DOI) on behalf of Indian Health Services (IHS)

Subject: AQD Request for Quotation (RFQ) 140D0419Q0455

Attachments:

1) SOW

2) Specifications and Pricing Quote Spreadsheet

Dear Vendors:

A. Introduction

This is a Brand Name or Equal acquisition conducted in accordance with Federal Acquisition

Regulation (FAR) subpart 16.5. AQD, on behalf of IHS, is seeking quotes from vendors on FBO who are authorized resellers for the Hologic Selenia Dimensions 3D Performance Package with

Affirm – Mammography Unit or an equal mammography unit that meets the Government’s requirements. Please see Statement of Work (SOW) and Specification and Pricing Quote

Spreadsheet for the salient characteristics.

NAICS Code: 621512 – Diagnostic Imaging Centers

Product Service Code (PSC): Q522 – Medical: Radiology

B. Task Order Type

The government contemplates the award of a single Firm-Fixed-Price (FFP) Delivery Order

(DO).

C. Period of Performance

The resulting DO (removal and installation), shall be completed within 120 days of the award.

See SOW page 3 for more information.

D. Questions

All questions shall be submitted in writing via e-mail to both the Contracting Officer and the

Contract Specialist no later than 2:00 PM (ET) on August 27, 2019.

Cheri Reiser, Contracting Officer Lindsay Holmes, Contract Specialist

Email: Cheri_Reiser@ibc.doi.gov Email: Lindsay_Holmes@ibc.doi.gov

The Government will only publish responses when it is determined the information will have a material effect on the quoters’ understanding of the RFQ and/or approach to developing their quote. Responses will be provided via FBO.

E. Submission Requirements

Quotes should be submitted to the both the Contracting Officer and Contract Specialist via email no later than 4:00 PM (ET) on August 28, 2019. Quoter’s shall submit a separate Technical

(Volume 1) and Price (Volume 2).

Cheri Reiser, Contracting Officer Lindsay Holmes, Contract Specialist

Email: Cheri_Reiser@ibc.doi.gov Email: Lindsay_Holmes@ibc.doi.gov

Please note that it is the quoter’s responsibility to ensure/verify the government has received its submission on or before the deadline. The Government reserves the right to not accept any late quotes for any reason, including those related to any technical difficulties. The sections for each volume is provided below.

Volume Section Page Limit

Section 1

Transmittal/Cover Letter - OPTIONAL 1

Questionnaire None

SAM Registration None

Section 2 Technical Assumptions None

Section 3 Technical Acceptability 2

Section 1 Price Assumptions None

Section 2 Completed Spreadsheet (attachment 2) None

Price Narrative/Notes - OPTIONAL 2

Quoters are advised that for sections that include page limits, any excess pages might not be evaluated. Additionally, any additional attachments or supplements beyond those described above might not be evaluated. Any quote that is non-compliant with mandatory submission requirements of this RFQ may immediately be removed from further consideration.

E1). Volume 1 – Section 1

Transmittal/Cover Page: Optional

Questionnaire: The quoter shall provide the information listed below:

A. Solicitation number

B. Name of Company

C. Address

D. Data Universal Numbering System (DUNS) Number

E. Point of Contact (POC) (primary and alternate)

F. Names and contact information of persons authorized to negotiate on quoter’s behalf, if different from POC identified above

G. Date of quote

H. Prompt payment terms

I. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation

J. A statement that the quote expires no sooner than 60 days after submission

K. Acknowledgement of receipt of all RFQ amendments (if any issued)

SAM Registration: Provide evidence of quoter’s current System of Award Management (SAM) database registration. A screenshot of the quoter’s SAM registration page is acceptable evidence.

If a quoter’s SAM account will expire before the award date, it is the quoter’s responsibility to ensure that its account is active at time of award.

E2). Volume 1 – Section 2 (Technical Assumptions)

Quoters shall indicate, in this section only, if any technical-related assumptions have been made, conditions have been stipulated or exceptions have been taken with the SOW or RFQ. If technical assumptions are not noted in this section, it will be assumed that the quote reflects no technical assumptions for award and the quoter agrees to comply with all of the terms and conditions set forth herein. Any technical-related assumptions listed in any other volume or section shall be null and void. Quoters are advised that any exception taken may adversely impact its evaluation. Additionally, any assumptions that are considered unacceptable by the government and cannot be resolved may result in the quoter being removed from further consideration.

E3). Volume 1 – Section 3

Technical Acceptability

Quoters shall demonstrate that their quoted solution meets all the salient characteristics and specific requirements outlined in the Task section of the SOW, pages 1-3 and the Specifications and Pricing Quote Spreadsheet.

E4). Volume 2 – Section 1 (Price Assumptions)

Quoters shall indicate, in this section only, if any price-related assumptions have been made, conditions have been stipulated or exceptions have been taken with the SOW or RFQ. If not noted in this volume of the quote, it will be assumed that the quoter’s quote reflects no price assumptions for award and agrees to comply with all of the terms and conditions set forth herein.

Any price-related assumptions listed in any other volume or section shall be null and void.

Quoters are advised that any exception taken may adversely impact its evaluation. Additionally, any assumptions that are considered unacceptable by the government and cannot be resolved may result in the quoter being removed from further consideration.

E5). Volume 2 – Section 2

Completed Spreadsheet: To promote standardization, the government has provided a

Specifications and Pricing Quote Spreadsheet (Attachment 2) that shall be submitted by the quoters. The price spreadsheet shall include subtotals and totals for all columns and rows of data and include the required specifications for the product. Quoters shall submit the Specifications and Pricing Quote Spreadsheet as an Excel document when submitting their price quote.

The price proposal will be on a FFP basis with payment upon delivery. In the spirit of cost transparency and cost savings to the taxpayer, the government requests discounts. Quoters shall indicate the non-discounted price, the proposed percentage of discount, and the discounted price on the Pricing Quote Spreadsheet, if applicable. The discounts will be in effect for the term of the DO.

The price quote shall include all delivery, installation, travel, labor, technical support, warranties, software upgrade, service agreements, and training costs. The price quote shall also include the removal of the old system. These are to be included in the unit prices of the quote.

Price Narrative/Notes: Optional. At the quoter’s discretion, any price-related supporting narrative or notes may be submitted as a separate attachment from the Price Quote Spreadsheet.

However, this shall not include any technical-related information that should have been provided under Volume 1.

F. Basis for Award

It is the government’s intent to award a PO using the procedures in FAR 13.5 to the responsible quoter who, in conforming to the RFQ, provides the Lowest Price Technically Acceptable

(LPTA) quote. The evaluation will be based on the demonstrated capabilities of the prospective quoter in relation to the government’s needs as set forth in this RFQ and the SOW.

Quoters must complete Attachment 2. Failure to complete Attachment 2 will render their quote not compliant and rejected from award. The government may reject any quote that is evaluated to be significantly non-compliant with the solicitation requirements, unreasonably high or unrealistically low in price, or reflects a failure to comprehend the complexity and risks of the work to be performed. The government reserves the right to stop evaluating a quote if any part of the quoter’s submission is considered to be unacceptable. Should the quoter’s submission be found to have an unacceptable technical submission in any area, the submission may be considered to be unacceptable to meet the Government’s objectives as a whole. If the evaluation is stopped, the quoter will no longer be considered for award.

The government reserves the right to validate the accuracy of statements being made in the quotes which may result in the government determining that the quote is unacceptable.

Quoters should recognize that their initial price and technical quotes may be used as the sole and final basis for award and should propose accordingly. The evaluators reserve the right to revise their technical consensus of a quote based on information within the price volume if the evaluators determine that content within the price volume will have an impact on technical evaluation factors or sub-factors.

Award on Initial Responses

The government anticipates selecting the best suited quoter from initial responses, without engaging in exchanges with quoters. Quoters are strongly encouraged to submit their best technical solutions and price in response to this RFQ.

Exchanges with Best-Suited Quoter

Once the government determines the quoter that is the best-suited (i.e., the apparent successful quoter), the government reserves the right to communicate with only that quoter to address any remaining issues, if necessary, and finalize a DO with that quoter. These issues may include technical and price. If the parties cannot successfully address any remaining issues, as determined pertinent at the sole discretion of the government, the government reserves the right to communicate with the next best-suited quoter based on the original analysis and address any remaining issues.

EVALUATION FACTORS:

Factor A: Technical Acceptability

Technical acceptability will be based on the completeness and accuracy of the quote in meeting all the requirements outlined in the Task section of the SOW and the Specifications and Price

Quote Spreadsheet.

Factor B: Price

The price quote will be evaluated based on the ability to perform the requirement in relationship to the quoter’s quoted solution and for price reasonableness. The government may reject any price quote that is evaluated to be significantly not compliant with the solicitation requirements, unrealistically low or unreasonably high in price, or reflects a failure to comprehend the complexity and risks of the work to be performed. Any price quote that does not provide a realistic and/or reasonable price may be deemed unacceptable. The government’s objective is to evaluate inclusive of optional line items and optional periods of performance; however, the government reserves the right not to evaluate quotes for any optional quantities when it is determined that the evaluation would not be in the best interest of the government.

The government reserves the right, but is not required, to conduct a price realism analysis. If the government decides to conduct a price realism analysis, additional information from the quoter may be necessary as applicable. The PO shall be awarded to the responsible quoter whose submission, in conforming to the RFQ, provide the Lowest Price Technically Acceptable quote.

G. Solicitation Provisions

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provision may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: http://farsite.hill.af.mil/

(End of Provision)

Federal Acquisition Regulation (FAR) provisions incorporated by reference

FAR Provision Title Date

52.203-11 Certification and Disclosure Regarding Payments to Influence

Certain Federal Transactions Sep 2007

52.204-16 Commercial and Government Entity Code Reporting Jul 2016

52.211-6 Brand Name or Equal Aug 1999

52.212-1 Instructions to Offerors – Commercial Items Oct 2018

52.212-3 Offeror Representations and Certifications – Commercial Items Oct 2018

52.225-25

Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran – Representations and Certifications

Aug 2018

52.252-5 Authorized Deviations in Provisions Apr 1984

Department of the Interior Acquisition Regulation (DIAR) provisions incorporated by reference

DIAR Provision Title Date

1452.215-71 Use and Disclosure of Proposal Information—Department of the Interior Apr 1984

Provisions incorporated by full text

FAR 52.203-98 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements—Representation (DEVIATION 2015-02) (Feb 2015)

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and

Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such fraud, waste, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

FAR 52.216-1 Type of Contract (Apr 1984)

The Government contemplates award of a FFP contract resulting from this solicitation.

(End of provision)

DIAR 1452.233-2 Service of Protest Department of the Interior (Jul 1996) (Deviation)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government

Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Cheri Reiser

Contracting Officer

Acquisition Services Directorate

703-964-3608 (P) cheri_reiser@ibc.doi.gov

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(c) A copy of the protest served on the Contracting Officer shall be simultaneously furnished by the protester to the Department of the Interior Assistant Solicitor, Acquisitions and Intellectual

Property, 1849 C Street, NW, Room 6511, Washington, DC 20240.

H. Task Order Clauses

FAR 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 address:

http://farsite.hill.af.mil/

(End of Clause)

Federal Acquisition Regulation (FAR) Clauses Incorporated by Reference

FAR Clause Title Date

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements Jan 2017

52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards Oct 2018

52.204-16 Commercial and Government Entity Code Reporting Jul 2016

52.204-18 Commercial and Government Entity Code Maintenance Jul 2016

52.204-23

Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered

Entities

Jul 2018

52.209-6 Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment Oct 2015

52.212-4 Contract Terms and Conditions – Commercial Items Oct 2018

52.232-39 Unenforceability of Unauthorized Obligations Jun 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors Dec 2013

52.242-17 Government Delay of Work Apr 1984

52.242-15 Stop-Work Order Aug 1989

52.252-6 Authorized Deviations in Clauses Apr 1984

Department of the Interior Acquisition Regulation (DIAR) Clauses Incorporated by Reference

DIAR Clause Title Date

1452.201-70 Authorities and Delegations Sep 2011

1452.203-70 Restrictions on Endorsements – DOI Jul 1996

1452.204-70 Release of Claims - Department of the Interior Jul 1996

Clauses incorporated by full text

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or

Executive Orders -- Commercial Items (May 2019)

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

Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and

Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov

2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws

108-77, 108-78 (19 U.S.C. 3805 note)).

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

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41

U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract

Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-

117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C.

6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (Oct 2018) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011)

(15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small

Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C.

644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.

637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (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 (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Aug 2018) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

X (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

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

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

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-

Aside (Nov 2011) (15 U.S.C. 657f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013)

(15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C.

637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned

Small Business Concerns Eligible Under the Women-Owned Small Business Program

(Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan

2018) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

___ (ii) Alternate I (Feb 1999) of 52.222-26.

X (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (ii) Alternate I (July 2014) of 52.222-35.

X (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29

U.S.C. 793).

___ (ii) Alternate I (July 2014) of 52.222-36.

X (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010) (E.O. 13496).

X (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019)

(22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (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.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration

Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun

2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014)

(E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42

U.S.C. 8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products

(Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while

Driving (Aug 2011) (E.O. 13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

X (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May

2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

X (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the

United States (Oct 2016) (Section 862, as amended, of the National Defense

Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42

U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(Nov 2007) (42 U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)

(41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

X (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award

Management (Oct 2018) (31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for

Award Management (Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

X (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(13)).

___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels

(Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

___ (iii) Alternate II (Feb 2006) of 52.247-64.

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

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

___ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29

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

___ (4) 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).

___ (5) 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).

___ (6) 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).

X (7) 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).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O.

13658).

___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May

2014) (42 U.S.C. 1792).

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

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

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

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

(e)

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jan 2019) (41

U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the

Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29

U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter

67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (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 E.O.

13627).

(xiv) 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.)

(xv) 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)

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017)

(E.O. 13706).

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the

United States (Oct 2016) (Section 862, as amended, of the National Defense

Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.

(May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph

(e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels

(Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

FAR 52.217-8 -- Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The

Contracting Officer may exercise the option by written notice to the Contractor within 3 days before the contract ends.

(End of clause)

AQD Custom Clauses

Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (Apr

2013)

Payment requests must be submitted electronically through the U. S. Department of the

Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the

Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the

IPP invoice:

Invoice Contents:

Invoices will be paid upon approval and acceptance by the Government COR. Invoices must include, as a minimum, the following information:

1. CLIN/Item number of deliverable

2. Description of deliverable

3. Price of deliverable

4. Quantity of deliverable

5. Date deliverable was provided to the Government for inspection

6. Serial number/part number if applicable

The contractor is responsible for ensuring invoices submitted are accurate and complete, and all labor, travel and other direct costs are in accordance with federal guidelines, the FTR and other Government mandates and directives.

A completed DD-250 shall accompany all submitted IPP invoices. The DD-250 shall contain, at a minimum, the following:

• Contract / Order Number

• Invoice Number

• Invoice Date

• Time period of work performed.

• Brief description of the work performed.

• Dollar value of work performed. This amount shall match the amount being invoiced for.

• Signature of the assigned COR.

Additional supporting documentation MAY BE REQUESTED at the discretion of the

COR.

Payment:

A. Payments under this order will be due 30 calendar days after the date of actual receipt of proper invoice in the office designated to receive the original invoice or final acceptance of the goods or services, whichever is later.

B. The date of the check issued in payment or the date of payment by wire transfer through the Treasury Financial Communications System shall be considered to be the day payment is made.

Final Invoice:

Within sixty calendar days of product acceptance and/or completion of services:

1. The contractor shall submit a final invoice, designated as such by a clear statement of “FINAL INVOICE” on the face of the invoice document.

2. The contractor shall provide a certificate of completion which certifies all goods and service have been provided as required by this task order.

3. The contractor shall provide a release of claims against the government for any further payment under this task order.

The sixty calendar day submission time frame shall not be extended without written authorization from the contracting officer. In the event items a, b, or c above are not submitted within the authorized timeframe, the contracting officer will make final cost determinations in order to make final payment and close out the contract unilaterally.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 - 5 business days of the contract award date.

Contractor assistance with enrollment can be obtained by contacting the IPP Production

Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its quote or quotation.

Payment requests must be submitted electronically through the U. S. Department of the

Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the

Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the

IPP invoice:

● Detailed backup documentation for all invoiced line items

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the contracting officer with its quote or quotation.

(End of Custom Clause)

Custom Clause – Cooperation with Other On-Site Contractors

A. When the Government undertakes or awards other task orders or contracts for additional work at the facilities, the Contractor must: (1) fully cooperate with the other Contractors and Government employees, and (2) carefully fit its own work to such other additional contracted work as may be directed by the COR. The Contractor must not commit or permit any act that will interfere with the performance of work awarded to another

Contractor or with the performance of other Government employees.

B. In any case where, in the course of fulfilling the task order requirements, the Contractor disturbs any work guaranteed under another separate contract, the Contractor must restore such disturbed work to a condition satisfactory to the COR and guarantee such restored work to the same extent as it was guaranteed under the other contract.

Custom Clause – Limited Use of Data

Performance of this effort may require the contractor to access and use data and information proprietary to a Government agency or Government contractor which is of such a nature that its dissemination or use, other than in performance of this effort, would be adverse to the interests of the Government and/or others.

Contractor and/or contractor personnel shall not divulge or release data or information developed or obtained in performance of this effort, until made public by the Government, except to authorized Government personnel or upon written approval of the Contracting Officer (CO). The contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as required in the performance of this effort. Nothing herein shall preclude the use of any data independently acquired by the contractor without such limitations or prohibit an agreement at no cost to the Government between the contractor and the data owner which provides for greater rights to the contractor.

Custom Clause – Payment for Unauthorized Work:

No payments will be made for any unauthorized supplies and/or services or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of their own volition or at the request of an individual other than a duly appointed Contracting

Officer. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and conditions under this effort.

AQD Limitation on Subcontracting Report (Jan 2012)

In order to ensure compliance with FAR 52.219-14, Limitations on Subcontracting, the contractor shall submit a semi-annual report to the Contracting Officer on 30 June and 30 December of each year of contract performance. The report shall be submitted for the period beginning on the date of contract through the first of the month (June or December), and shall be in the following format:

Date of Report:

Period Being Reported: Date of Contract Award through _______________________.

Total Contract Costs*:

Total Contract Costs* Performed/Provided by Prime:

Total Contract Costs* Subcontracted:

Percentage Performed/Provided by Prime:

Percentage Performed/Provided by Subcontractors:

Certified By:

Date Certified:

If the Contractor’s costs* are below the minimum performance measures stipulated at FAR

52.219-14, the Contractor shall provide a detailed mitigation plan on how it is going to cure its failure to comply with 52.219-14. This mitigation plan shall be provided to both the Small

Business Administration and the Contracting Officer. The Contracting Officer will evaluate the plan to assess the adequacy. This clause does not limit the rights and remedies of the government under other contract clauses, including but not limited to the default or termination provisions of the contract.

*As stipulated in FAR 52.219-14

Custom Clause - AQD Internet Protocol version 6 (June 2012)

(a) Any system hardware, software, firmware and/or networked component (voice, video or data) developed, procured, or acquired in support and/or performance of this contract shall be capable of transmitting, receiving, processing, forwarding and storing digital information across system boundaries utilizing system packets that are formatted in accordance with commercial standards of Internet Protocol (IP) version 6 (IPv6) as set forth in the USGv6 Profile (NIST Special

Publication 500-267) and corresponding declarations of conformance defined in the USGv6 Test

Program. In addition, this system shall maintain interoperability with IPv4 systems and provide at least the same level of performance and reliability capabilities of IPv4 products.

(b) Specifically, any new IP product or system developed, acquired, or produced must:

1) Interoperate with both IPv6 and IPv4 systems and products, and

2) Have available contractor/vendor IPv6 technical support for development and implementation and fielded product management.

(c) As IPv6 evolves, the Contractor commits to upgrading or providing an appropriate migration path for each item developed, delivered or utilized at no additional cost of the

Government. The Contractor shall retrofit all non-IPv6 capable equipment, as defined above that is fielded under this contract with IPv6 capable equipment, at no additional cost to the

Government.

(d) The contractor shall provide technical support for both IPv4 and IPv6.

(e) Any system or software must be able to operate on networks supporting IPv4, IPv6, or one that supports both.

(f) Any product whose non-compliance is discovered and made known to the Contractor within one year after acceptance shall be upgraded, modified, or replaced to bring it into compliance at no additional cost to the Government.

END OF SOLICIATION