RFP_Continuation_Sheet.docx

Continuation Sheet.

Section B supplies/General Requirements CLIN 1 Base Year Supplies (Shipping within CONUS locations included in each item price. (See Attachment 2-Pricing Schedule), UOI- LOT CLIN 2 Option Year One Supplies (Shipping within CONUS locations included in each item price. (See Attachment 2-Pricing Schedule), UOI- LOT CLIN 3 Option Year Two Supplies (Shipping within CONUS locations included in each item price. (See Attachment 2-Pricing Schedule), UOI- LOT CLIN 4 Option Year Three Supplies (Shipping within CONUS locations included in each item price. (See Attachment 2-Pricing Schedule), UOI- LOT CLIN 5 Option Year Four Supplies (Shipping within CONUS locations included in each item price. See Attachment 2-Pricing Schedule), UOI- LOT

Type of Contract

This requirement is for an Indefinite Delivery Indefinite Quantity (IDIQ) award for a multiple IDIQ Task Order Contract to provide medical supplies for a base period of twelve (12) months with four (4) twelve (12) month option periods. The IDIQ will be awarded as Firm Fixed Price (FFP) with Economic Adjustment. This requirement is a partial small business set a-side for Small Disabled Veteran Owned Small Business (SDVOSB). There will be two (2) award tiers: (1) Unrestricted and (2) Small Disabled Veteran Owned Small Business (SDVOSB). One award will be made per tier. The solicitation is issued as a Request for Proposal (RFP) utilizing Federal Acquisition Regulation, Part 15, Contracting by Negotiation. Orders under $3,500 may be placed via Government purchase card or via Delivery Order (DO). A Delivery Order (DO) will be issued for orders over $3,500.00 when requirements are needed. This IDIQ does not obligate funds. The Government is obligated only to the extent of authorized orders actually made against the IDIQ.

Indefinite-Delivery/Indefinite-Quantity (IDIQ)

The Medical Surgical Supplies contract is structured and managed in accordance with the rules for DO contracts. In particular, DO awards issued against this contract will be placed using the fair opportunity procedures described in the Delivery Order (DO) Placement Procedures below.

Maximum/Minimum IDIQ Limitation

The basic IDIQ maximum dollar amount will be $19,900,000.00 Million and the minimum dollar amount will be $2,000.00 for the base and four (4) option periods.

Delivery Order (DO) Placement Procedures

The Contractor’s medical surgical supplies shall be obtained on an as-needed basis, through the issuance of DOs. The following defines the process by which fair opportunity will be afforded, and how a DO will be processed, priced, and awarded.

Fair opportunity for task orders will be issued in accordance with FAR 16.505(b)(2)(i)(F) and will be as follows: The delivery order will be awarded to the tier 1 (SDVOSB) concern . Any items the SDVOSB cannot supply on their contract list of items, a delivery order with these items will be awarded to the tier 2 (Unrestricted) business concern.

Fair Opportunity Exceptions

In accordance with the Federal Acquisition Streamlining Act (FASA) and FAR Part 16.505(b), Orders under Multiple Award Contracts, the DO Contracting Officer will provide all awardees a “fair opportunity” to be considered for each order in excess of $3,000, unless one of the conditions below applies:

(a) The agency need for supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

(b) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

(c) The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract provided that all awardees were given a fair opportunity to be considered for the original order.

(d) It is necessary to place an order to satisfy the minimum order grantee.

Period of Performance

· Base Period: One year from date of award

· Option Period One: One year period of performance

· Option Period Two: One year period of performance

· Option Period Three: One year period of performance

· Option Period Four: One year period of performance

SECTION C DESCRIPTION OF WORK/SPECIFICATIONS

The Statement of Work (SOW) is included at Attachment 1.

SECTION E INSPECTION AND ACCEPTANCE

Inspection and acceptance shall be made at destination by the Government.

SECTION F DELIVERIES OR PERFORMANCE

a. The period of performance will be a twelve (12) month base from the date of the IDIQ award with four (4) one (1) year options. DOs may be issued at any time during the base and/or option period. The performance periods will be specified in the DOs.

SECTION G – CONTRACT ADMINISTRATION DATA

a. CONTRACTING OFFICER- The Contracting Officer (CO) is the only individual authorized to redirect the effort or in any way, amend or modify any of the terms of this requirement/IDIQ/Task Orders.

b. Only the Contracting Officer at ASPR, Office of Acquisitions, Management & Grants (AMCG), is authorized to issue Task Orders off of the IDIQ.

c. IDIQ/Task Order Ombudsman: The Department of Health and Human Services (HHS) Competition Advocate will be assigned as the Ombudsman.

d. CONTRACTING OFFICER'S REPRESENTATIVE- The Contracting Officer’s Representative (COR) will be designated in writing on authority of the CO to monitor and coordinate all technical aspects and assist in the administration of the overall IDIQ. The COR will be identified at award.

e. Invoicing instructions will be provided at award.

SECTION H – SPECIAL CONTRACT REQUIREMENT

ARTICLE H.1. SUBCONTRACTING PROVISIONS

a. Small Business Subcontracting Plan (Attachment No. 3)

If the offeror is not a small business, the Small Business Subcontracting Plan must be completed, dated, and will be attached hereto and made a part of the resulting contract.

The failure of any Contractor or subcontractor to comply in good faith with FAR Clause 52.219-8, entitled "Utilization of Small Business Concerns" incorporated in this contract and the attached Subcontracting Plan, will be a material breach of such contract or subcontract and subject to the remedies reserved to the Government under FAR Clause 52.219-16 entitled, "Liquidated Damages-Subcontracting Plan."

b. Subcontracting Reports

The Contractor shall submit the following Subcontracting reports electronically via the "electronic Subcontracting Reporting System (eSRS) at http://www.esrs.gov.

Individual Subcontract Reports (ISR) Regardless of the effective date of this contract, the Report shall be due on the following dates for the entire life of this contract:

April 30th October 30th Expiration Date of Contract

Summary Subcontract Report (SSR) Regardless of the effective date of this contract, the Summary Subcontract Report shall be submitted annually on the following date for the entire life of this contract:

October 30th.

For both the Individual and Summary Subcontract Reports, the Contracting Officer shall be included as a contact for notification purposes.

SECTION I APPLICABLE CLAUSES

CLAUSES INCORPORATED BY REFERENCE

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 provisions 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/these address(es):

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

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/vffara.htm.

52.202-1 Definitions, NOV 2013 52.203-3 Gratuities, APR 1984 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, SEP 2007 52.203-12 Limitation on Payments to Influence Certain Federal Transactions, OCT 2010 52.203-17 Contractor Employee Whistleblower Rights, APR 2014 52.204-4 Printed or Copied Double-Sided Paper, MAY 2011 52.204-7 System for Award Management, OCT 2016 52.204-13 SAM Maintenance, OCT 2016 52.204-16 Commercial and Government Entity Code Reporting, JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance, JUL 2016 52.204-19 Incorporation by Reference of Representations and Certifications, DEC 2014 52.207-1 Notice of Standard Competition, MAY 2006 52.209-6 Protecting the Government's Interest When Subcontracting with Contractor's Debarred, OCT 2015 52.212-1 Instructions to Offerors- Commercial Items, JAN 2017 52.212-4 Contract Terms and Conditions - Commercial Items, JAN 2017 52.215-1, Instructions to Offerors, JAN 2017 52.215-2, Audit and Records-Negotiation, OCT 2010 52.215-8, Order of Precedence -- Uniform Contract Format, OCT 1997 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications, OCT 2015 52.227-1 Authorization and Consent, DEC 2007 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement, DEC 2007 52.232-1 Payments, APR 1984 52.232-17 Interest, MAY 2014 52.232-23 Assignment of Claims – Alt 1, MAY 2014 52.232-37 Multiple Payment Arrangements, MAY 1999 52.232-39 Unenforceability of Unauthorized Obligations, JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors, DEC 2013 52.233-1 Disputes, Alt 1, MAY 2014 52.242-13 Bankruptcy. JUL 1995 52.243-1 Changes, APR 1984 52.246-2, Inspection of Supplies -- Fixed-Price, AUG 1996 52.246-16, Responsibility for Supplies, APR 1984 52.247-34, F.o.b. Destination, NOV 1991 52.249-2 Termination for Convenience of the Government (Fixed-Price), APR 2012 52.249-8 Default (Fixed-Price Supply and Service), APR 1984

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 Instructions to Offerors-Commercial Items Jan 2017 Addendum

a. Offerors’ proposals shall consist of all five (5) sections (section I, II, III, IV, and V) required in this RFP. One copy per section is required. Each section should be a separate file. Offerors are to prepare the proposals in accordance with the following:

For Sections I, II and III the format shall be: 8.5”x11” pages using 1” margins, single-sided, single line spacing, and 12-point legible font. A smaller font size may be used for graphics and tables so long as the text is fully legible.

The offeror should pay attention to maximum pages allowed per section. If the offeror submits more pages than allowed, the remaining pages will not be reviewed/considered. Everything is included in the page limitation to include any cover pages, appendices, contents page, etc.

Our system only allows for a maximum of 25MB for external incoming emails. Any email exceeding 25MB will not be delivered. Multiple emails maybe required to deliver all of the sections.

The Government will not be obligated to pay any costs incurred by any Offeror in the preparation and submission of a proposal in response to this RFP.

b. Response must include, at a minimum, the following:

(1) Section I – Cover Page

The cover page shall not exceed two (2) pages and must include the following information:

(a) Name of organization

(b) Date proposal is submitted. Proposals shall be valid for ninety (90) days from the date of submission.

(c) Contractor’s DUNS number and CAGE Code.

(d) Point of contact for contract administration.

(e) Points of contact for representatives responsible for the proposal submission.

(f) Signature of an officer of the proposing firm with the authority to commit the firm.

(2) Section II – Technical

The offeror shall submit a technical proposal, including Factor 1 and Factor 2, for a maximum of fifty (50) pages in length. The offeror shall demonstrate the Offerors understands of the Statement of Work (SOW) (Attachment 1), and not simply restate the contents of the SOW. See FAR Clause 52.212-2 Evaluation-Commercial Items, for evaluation factors.

(3) Section III, Factor 3 Past Performance

The offeror shall submit their past performance information, a maximum of fifteen (15) pages in length (includes any cover pages). The offeror shall describe its past performance on directly related or similar contracts it has held within the last three years from the date of the solicitation which are similar scope, magnitude and complexity to that which is detailed in the SOW. Contactors that describe similar contracts shall provide a detailed explanation demonstrating the similarity of the contracts to the requirements of the SOW. The offeror shall provide no more than five past performance references. If the past performance information is in CPARS, no submission is necessary. If CPARs input is not on file for the past performance on the previous contracts, provide a past performance questionnaire (Attachment 3) to the customer and have the customer fill out the form and submit it directly to the Contracting Officer before the closing date/time of the solicitation. The past performance questionnaire shall not be submitted directly from the offeror to the Contracting Officer. The surveys will not count towards the page limitation.

(4) Section IV, Factor 4 Small Business

The offeror shall fill out Attachment 4- Small Business Plan and submit with the proposal (for large businesses only).

(5) Section V, Factor 5 Price/Cost Factor

The pricing schedule shall include pricing for each item on the pricing schedule, for the base and 4 option periods. There are no page limitations for section V-Price/Cost Factor, since the offeror shall fill out Attachment 2- Pricing Schedule with their proposal. Pricing shall include the price of shipping for each item to the Continental United States (CONUS). (In the event of overseas or emergency shipping, the additional shipping cost will be added at the delivery order level if applicable).

52.212-2 -- Evaluation -- Commercial Items (Oct 2014)

Basis for Award

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The Government intends to evaluate proposals and make award without discussions. If discussions are deemed necessary and are held, the Government may establish a competitive range comprised of all of the most highly rated proposals, unless the range is further reduced for purposes of efficiency. The following factors shall be used to evaluate offers:

(b) (There will be two (2) award tiers: (1) Unrestricted and (2) Small Disabled Veteran Owned Small Business (SDVOSB). One award will be issued for each tier).

Factor 1: Technical Approach

Subfactor 1: Ability to successfully support the services, requirements and deliverables described in the statement of work.

Subfactor 2: Capability to offer nationwide distribution locations that are compliant with the requirements of the RFP.

Subfactor 3: Approach to current 24/7 operational capabilities and expertise to support the management, customer service, ordering, and delivery of ordered medical supplies during a disaster.

Subfactor 4: Approach and capability for compliance with FDA regulations.

Subfactor 5: The locations of the Contractor’s distribution centers that shall logistically support ASPR’s ability to response nationwide in short order to disasters in high risk regions as well as provide maximum coverage to the re-supply efforts during a disaster response.

Subfactor 6: The ability to invoice for the entire delivery order in one invoice. If all of the items cannot be shipped at one time, the ability to ship the items separately, without holding the order, and invoice for the entire delivery order in one invoice after the last item had shipped (The exceptions are for lab items and items that are on back order.)

Factor 2: Corporate Experience

Subfactor 1: At least 3 years’ experience pertaining to contracts for medical/surgical supply services and delivery for day to day operations.

Subfactor 2: Record of demonstrating the ability to provide and disseminate vast quantities of medical/surgical supplies to multiple sites within the territories as stated in the SOW during a Federal response or exercise.

Subfactor 3: Experience in administering sales via a prime vendor mechanism of medical supplies particularly during a large scale crisis situation.

Subfactor 4: Contractor shall have at least five (5) years of operational and customer service experience in successfully dealing with disaster response.

Subfactor 5: At least 3 years’ experience in dealing with large government contracts.

Subfactor 6: At least 3 years’ experience responding to national and large pandemic type responses.

Factor 3: Past Performance

The Contractor shall describe its past performance on directly related or similar contracts it has held within the last three years which are similar scope, magnitude and complexity to that which is detailed in the SOW. Contactors that describe similar contracts shall provide a detailed explanation demonstrating the similarity of the contracts to the requirements of the SOW. In determining the rating for the past performance evaluation factor, the Government will give greater consideration to the contracts which are most relevant to the SOW. The offeror shall provide no more than five past performance references. If CPARs input is not on file for the past performance on the previous contracts, the contractor will provide a past performance questionnaire to the customer and have the customer fill out the form and submit it directly to the Contracting Officer. The past performance questionnaire shall not be submitted directly from the offeror to the Contracting Officer. The contractor shall provide the following information regarding its past performance:

1. Contract Number(s)

2. Name of company, reference point of contract, phone number, and e-mail address at the Government or Commercial entity for which the contract was performed

3. Dollar Value if the contract

4. Detailed description of the work performed

5. Name of subcontractors used, if any, and a description of the extent of work performed by the subcontractor(s)

6. The number, type and severity of any quality, delivery or cost problems in performing the contract, the corrective action taken and effectiveness of the corrective action

The Government reserves the right to obtain information or use in the evaluation of past performance from any and all sources. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror may not be evaluated favorably or unfavorably on past performance, therefore will receive a neutral rating.

Factor 4 – Small Business

The Government will evaluate the contractor’s achievement of its small business subcontracting goals as well as the dollar value of the small business goals offered. The contractor shall fill out Attachment 4, Small Business Plan and submit with the proposal.

Factor 5: Price

The Government will evaluate the reasonableness of the offerors proposed price by examining the price of each firm’s proposed line item prices listed in Attachment 2 – Pricing Schedule. The Government will evaluate whether the Offeror has completely and clearly addressed the proposed price for the base and option periods. The Government may determine that a proposal is unacceptable if the proposed prices are significantly unbalanced.

Award will be made based on the Government's determination of best-value, using tradeoffs, in accordance with FAR Part 15.101-1. Evaluation Factors other than Price, when combined, are significantly more important than Price. Each non-priced evaluation factor listed is of equal importance. Although the non-cost factors are each more important than price, the importance of price as a factor will increase as the non-cost factors of the proposal become closer in merit. The government reserves the right to award without discussions. The Government reserves the right to conduct discussions if needed. The government anticipates selecting the best suited contractor from initial responses, without engaging in exchanges with offerors. Offerors are strongly encouraged to submit their best technical solutions and price in response to this RFP. Once the Government determines the offeror that is the best suited (the apparent successful offeror), the government reserves the right to communicate with only that offeror to address any remaining issues, if necessary, and finalize an award with that offeror. 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 offeror based on the original analysis and address any remaining issues. Once the Government has begun communications with the next best suited offeror, no further communications with the previous offeror will be entertained until after the IDIQ has been awarded. This process shall continue until an agreement is successfully reached and the contract is awarded.

Offerors are advised that the Option to Extend Services Clause at 52.217-8 is included in this solicitation and will be included in the award. When proposing prices for base and options, Offerors should consider that the government may choose to exercise the option to extend services at the end of any period of performance (base or option periods), utilizing the rates in effect during the period of performance in which the option is exercised. For example, if FAR 52.217-8 is exercised at the end of Option Period One (1), the rate(s) in effect for Option Period 1 will be the same rate(s) applicable for the extension period, regardless if FAR 52.217-8 is exercised for the full 6-month period or in increments. For purposes of evaluation, the government assumes that any price proposed for base and option periods reflects the possibility that a period of performance may be extended.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision) 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jan 2017)

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

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

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

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

[Contracting Officer check as appropriate.] _X_ (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).

_X_ (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 2016) (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).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (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.

_X_ (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).

_X_ (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.

_X_(16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

_X_ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (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.

_X_ (iv) Alternate III (Nov 2016) of 52.219-9.

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

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

_X_ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

_X__ (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 (Oct 2016) (E.O. 13126).

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

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

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

_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

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

_X_ (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 (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

_X_ (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) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

_X_ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

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

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

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

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

___ (40) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (41) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

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

___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (43) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696).

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

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

___ (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

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

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

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

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

_X_ (50) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

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

___ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (57) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (58) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

_X_ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_X_ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)).

_X_ (62) (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.

(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:

[Contracting Officer check as appropriate.] ___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) ___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (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) (May 2014) (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).

___ (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).

___ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(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 (Oct 2015) (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) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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.

(iv) 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.

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

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

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

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

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

(x) 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.

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xii) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xiii) 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.)

(xiv) 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)

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

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

(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016)).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

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

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

(xxi) 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).

(xxii) 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.

(xxiii) 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) 52.216-1 Type of Contract (Apr 1984) The Government contemplates award of a Firm Fixed Price with Economic Adjustment Basic IDIQ contract, with Firm Fixed Price with Economic Adjustment Delivery Orders resulting from this solicitation.

(End of provision) 52.216-2 Economic Price Adjustment—Standard Supplies (Jan 1997) The clause may be modified by increasing the 10 percent limit on aggregate increases specified in paragraph (c)(1), upon approval by the chief of the contracting office.

(a) The Contractor warrants that the unit price stated in the Schedule for Attachment 2, Pricing Schedule, is not in excess of the Contractor’s applicable established price in effect on the contract date for like quantities of the same item. The term “unit price” excludes any part of the price directly resulting from requirements for preservation, packaging, or packing beyond standard commercial practice. The term “established price” means a price that—

(1) Is an established catalog or market price for a commercial item sold in substantial quantities to the general public; and

(2) Is the net price after applying any standard trade discounts offered by the Contractor.

(b) The Contractor shall promptly notify the Contracting Officer of the amount and effective date of each decrease in any applicable established price. Each corresponding contract unit price shall be decreased by the same percentage that the established price is decreased. The decrease shall apply to those items delivered on and after the effective date of the decrease in the Contractor’s established price, and this contract shall be modified accordingly.

(c) If the Contractor’s applicable established price is increased after the contract date, the corresponding contract unit price shall be increased, upon the Contractor’s written request to the Contracting Officer, by the same percentage that the established price is increased, and the contract shall be modified accordingly, subject to the following limitations:

(1) The aggregate of the increases in any contract unit price under this clause shall not exceed 10 percent of the original contract unit price.

(2) The increased contract unit price shall be effective—

(i) On the effective date of the increase in the applicable established price if the Contracting Officer receives the Contractor’s written request within 10 days thereafter; or

(ii) If the written request is received later, on the date the Contracting Officer receives the request.

(3) The increased contract unit price shall not apply to quantities scheduled under the contract for delivery before the effective date of the increased contract unit price, unless failure to deliver before that date results from causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the Default clause.

(4) No modification increasing a contract unit price shall be executed under this paragraph (c) until the Contracting Officer verifies the increase in the applicable established price.

(5) Within 30 days after receipt of the Contractor’s written request, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the contract items affected by the requested increase.

(d) During the time allowed for the cancellation provided for in paragraph (c)(5) of this clause, and thereafter if there is no cancellation, the Contractor shall continue deliveries according to the contract delivery schedule, and the Government shall pay for such deliveries at the contract unit price, increased to the extent provided by paragraph (c) of this clause.

(End of clause) 52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the start date of the basic IDIQ through the end date of the last option period.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause) 52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $1M;

(2) Any order for a combination of items in excess of $1M; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 15 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause) 52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the end date of the last option period.

52.216-27 Single or Multiple Awards (Oct 1995) The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.

(End of provision) 52.217-5 -- Evaluation of Options (Jul 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of Provision)

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 30 days of contract expiration.

(End of Clause)

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the…