18-233-SOL-00598.pdf

18-233-SOL-00598

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

07/09/2018 SAM222432

1 41

7700 Wisconsin Avenue 10th Floor Bethesda MD 20857

DHHS/PSC/FMP/AMS

SAMHSA/CMHS/MHPB

5600 Fishers Lane Room 14E89D

ROCKVILLE

MD 20857

301 492-5053Thien Nguyen

07/25/2018 1200 ET

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

The Department of Health and Human Services (DHHS), Program Support Center (PSC), on behalf of the Substance Abuse and Mental Health Services Administration (SAMHSA) has a need for a contractor to support in the development of "Family Psychoeducation Toolkit for Families with a Suicidal Loved One" Period of Performance: 09/30/2018 to 09/29/2019

1 Purchase Order Family Psychoeducation Toolkit

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

SECTION 1 – SUPPLIES OR SERVICES AND PRICES/COSTS

1.1 BRIEF DESCRIPTION OF SERVICES

The Department of Health and Human Services (DHHS), Substance Abuse and Mental Health Services Administration (SAMHSA), requires the services of a contractor to support in the development of “Family Psychoeducation Toolkit for Families with a Suicidal Loved One.”.

1.2 TYPE OF CONTRACT

The Government contemplates award of a Firm Fixed Price Contract.

1.3 NON-SEVERABLE SERVICES

The services specified in this contract have been determined to be non-severable services - a specific undertaking or entire job with a defined end product of value to the Government.

1.4 CONSIDERATION AND PAYMENT SCHEDULE (FFP)

The total fixed price of this contract/order is $_____________. Payments shall be made upon the delivery and acceptance of each item listed in Section 5 in accordance with the following payment schedule:

Estimated Units

Unit COST Total Cost

Contractor Expenses $ $ Senior Project Manager 250 hours $ $ Professional Staff Salaries 1200 hours $ $ Administration and Clerical 225 hours $ $ Expert Panel Honorarium 12 PPL $ $

TOTAL PROJECT BUDGET $

Payment Schedule

Item Task Delivery Time Cost Task 1 Approval of the work plan 1-4 weeks after start of contract $ Task 2 Perform the literature review and analysis 26 weeks after start of the contract

Task 3 Convene and solicit input from expert panel

32 weeks after start of contract $

Task 4 Development and submission of toolkit and dissemination materials

40 weeks after start of contract

SECTION 2 – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

2.1 PURPOSE

It is a very frightening experience for family members to have a loved one who is thinking about suicide, talking about suicide, or has made a suicide attempt. When one considers that according to the Substance Abuse and Mental Health Administration (SAMHSA) National Survey on Drug Use and Health (NSDUH) data over 1.3 million adults make a suicide attempt annually, over 9 million adults seriously consider suicide, and hundreds of thousands of youth are considering or have attempted suicide, millions of American families are impacted. Despite the extent of this impact, limited resources exist for family members to consult or utilize in dealing with these high risk and anxiety filled circumstances. The need to provide more support to families experiencing such situations has been recognized both in the U.S. National Strategy for Suicide Prevention as well as the report to Congress, “The Way Forward,” from the Interdepartmental Serious Mental illness Coordinating Committee (ISMICC) whose Recommendation 2.9 is to Support Family Members and Caregivers. There is a strong association between suicide and serious mental illness (SMI) in adults and serious emotional disturbance (SED) in youth. At a time when suicide in the United States continues to rise, providing support to, and promoting collaboration with families is an essential component of a more comprehensive and effective approach to suicide prevention.

This purchase order supports the development of a family psychoeducation toolkit for families with a loved one who is experiencing suicidal ideation or has made a suicide attempt. The toolkit should include information on suicide warning signs, navigating the crisis/emergency and mental health systems, questions to ask providers, and ways to obtain support for themselves. The toolkit should incorporate input from stakeholders such as, but not limited to, the American Foundation for Suicide Prevention, the National Alliance for Mental Illness, the Bipolar and Depression Support Alliance, and other groups focusing on suicide prevention, SMI and SED. This innovative toolkit would specifically assist family members with a loved one who is suicidal in order to increase their knowledge about ways to access support and treatment.

2.2 GENERAL REQUIREMENTS:

1. Independently, and not as an agent of the Government, the contractor shall furnish the necessary personnel, facilities, equipment, materials and supplies, to satisfactory perform the work set forth below.

2. All work under this project shall be monitored by the Contracting Officer Representative (COR).

The COR will have the right to approve the selection of any subcontractors selected to perform these tasks.

3. All materials produced under this project shall be the property of the Federal government, which includes the Center for Mental Health Services (CMHS) and the Substance Abuse and Mental Health Services Administration (SAMHSA). Any publication of research findings derived from work related to this contract shall prominently identify the financial support and partnership of CMHS and of SAMHSA in its development. SAMHSA or CMHS may utilize, print, or disseminate all such materials without further charge. No articles or publications which rely substantially on materials produced under this project shall be published by either party without prior consultation and approval.

2.3 TASKS

Task 1: Project Planning:

• Meet virtually with the COR and other relevant SAMHSA staff in order to determine the best approach and detailed content scope for accomplishing the task covered by this purchase order.

• Develop and submit for review a draft work plan which articulates the scope of content to be included in the report, the sources to be used and the format of the report to be produced (i.e. how the report will be organized, what tables will be included, etc.). The COR will review the work plan for consistency with Center priorities and guidance and will provide feedback.

• Modify the work plan in response to comments provided by the COR and resubmit until final approval is achieved.

Task 2: Perform literature review/analysis:

• Conduct a literature review and conduct interviews with subject matter experts (SMEs) (up to 9) that can identify current practices and resources that support families addressing the following areas as they relate to suicide prevention:

o Suicide warning signs o Navigating the crisis/emergency and mental health systems o Questions for providers o Ways to obtain support o Access to support and treatment

• Perform an analysis of current, effective practices and resources that are being used to address suicide prevention and mental health promotion with a particular emphasis in the toolkit on inclusion, on the ability of the effective practices likely to be replicated and put into operation across the country.

Task 3: Convene a virtual expert panel to solicit input and further recommendations for the toolkit

• Recruit an expert panel of up to 12 subject matter experts, from both rural and urban environments, which have been supporting and implementing practices/models that specifically address suicide prevention with across all population sectors and that have expertise and a focus on family caregiving. The work of this panel can take place via online participation, i.e., web meetings, emails, telephone, webinar. Experts should be paid a one-time honorarium of $500 for their participation.

• Develop and provide materials which will summarize the products of Task 2 (above) to make available to the expert panel on the available research and resources on this topic, as well as provide the framing of the expert panel deliberations.

• Provide a professional facilitator who will guide the work of the expert panel, develop consensus, and summarize findings into actionable options for inclusion in the toolkit.

• Develop a report from the expert panel meetings which summarizes key decisions and recommendations.

• Reconvene the expert panel telephonically to review and approve the report and the draft toolkit.

Task 4: Develop toolkit and dissemination support materials

• Based on the selections and feedback from the expert panel, create a toolkit that articulates recommended the family resources and approaches. The toolkit should provide clear descriptions, examples, and explanations of how the tools can be adapted and applied by family members. The toolkit should include a minimum of five (5) tools.

• Articulate a viable dissemination process for the toolkit and metrics that identifies the groups and organizations through which this work should be publicized and shared.

• Create support materials consisting of Power Point presentations and presenter notes to communicate the availability, structure and use of the toolkit and metrics.

• Modify the toolkit and dissemination support materials in response to comments provided by the COR and resubmit until final approval is achieved.

SECTION 3 – PACKAGING AND MARKING

3.1 MARKING

All information and deliverables shall be delivered to the address shown in Section 5.3 entitled - Place of Delivery - and shall be marked as follows:

1. Name and address of the Contractor;

2. Contract Number;

3. Description of item contained therein; and

4. Consignee's name and address.

SECTION 4 – INSPECTION AND ACCEPTANCE

4.1 INSPECTION AND ACCEPTANCE (Commercial)

Pursuant to 52.212-4, all work described in the SOW to be delivered under this contract is subject to final inspection and acceptance by an authorized representative of the Government. The authorized representative of the Government is the Government's COR, who is responsible for inspection and acceptance of all services, materials, or supplies to be provided by the Contractor.

4.2 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. Full text may also be accessed electronically at https://www.acquisition.gov/far/.

Clause Number Title and Date

FAR 52.246-4 Inspection of Services- Fixed Price (AUG 1999) https://www.acquisition.gov/far/

SECTION 5 – DELIVERIES OR PERFORMANCE

5.1 TERM OF THE CONTRACT

The term of the contract shall be from September 30, 2018 – September 29, 2019

5.2 REPORT(S)/DELIVERABLES AND DELIVERY SCHEDULE

The contractor shall submit all required report(s)/deliverables in accordance with the following schedule:

All reports shall reference and cite the contract/order number.

ITEM TASK DELIVERY TIME

Task 1 Approval of the Work Plan 1-4 weeks after start of the contract Task 2 Perform the literature review and analysis 26 weeks after start of contract

Task 3 Convene and solicit input from expert panel

32 weeks after start of contract

Task 4 Development and submission of toolkit and dissemination materials

40 weeks after start of contract

The invoices must be submitted to the Government Contract Officer for approval prior to payment. For the final product, one electronic copy in Microsoft Word Format and on in Microsoft PDF Format of all materials will be delivered to the COR.

5.3 PLACE OF PERFORMANCE

The contractor’s work will generally be performed at their premises. This purchase order will not involve convening an in-person conference. No conference approval is required.

SECTION 6 – CONTRACT ADMINISTRATION DATA

6.1 INVOICE SUBMISSION - COMMERCIAL

The Contractor shall submit a complete invoice with all required back-up documentation shall be sent electronically, via email, to:

1. Contract Specialist via DAM mailbox: pscsas.invoices@psc.hhs.gov.

2. Contracting Officer's Representative (COR): To be named at award

3. Financial Management Service (FMS): psc_invoices@psc.hhs.gov.

* No other non-invoice related documents (i.e. deliverables, reports, balance statements) shall be sent to the DAM and FMS mailboxes. Invoices Only.

The subject line of your email invoice submission shall contain the contract number, contract line item number, the order number, if applicable, and the number of invoices. The Contractor shall send one email per contract per month. The email may have multiple invoices for the contract. Invoices must be in the following formats: PDF, TIFF, or Word. No Excel formats will be accepted. The electronic file cannot contain multiple invoices; example, 10 invoices requires 10 separate files (PDF or TIFF or Word).

Invoices shall be submitted in accordance with the contract terms, i.e. payment schedule, progress payments, partial payments, deliverables, etc.

All calls concerning contract payment shall be directed to the COR.

In accordance with FAR 52.212-4, Contract Terms and Conditions—Commercial Items, a proper invoice must include the following items:

FAR 52.212-4(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable RFQprovision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

mailto:pscsas.invoices@psc.hhs.gov mailto:Abraham.Ruiz@samhsa.hhs.gov https://www.acquisition.gov/far/current/html/52_232.html#wp1153351 https://www.acquisition.gov/far/current/html/52_232.html#wp1153375 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

Additionally, the FMS requires the contractor to include its Dun & Bradstreet Number (DUNS) on each invoice. In accordance with OMB Memorandum, M-11-32, Agencies shall make payments to small businesses as soon as practicable, with the goal of making payments within 15 days of receipt of a proper invoice. If a small business contractor is not paid within this (15 day) accelerated period, the contractor will not be given a late-payment interest penalty. Interest penalties, as prescribed by the Prompt Payment Act, remain unchanged by means of this memorandum. All small businesses shall label all invoices as “Small Business.”

Additionally, in accordance with OMB Memorandum, M-12-16, all prime contractors are encouraged to disburse funds received from the Federal Government to their small business subcontractors in a prompt manner. To assist prime contractors in expediting contractor payments to small business subcontractors, Agencies shall, to the full extent permitted by law, temporarily establish an earlier, accelerated date for making agency payments to all prime contractors. Consistent with OMB Memorandum M-11-32 above, Agencies shall have a goal of paying all prime contractors within 15 days of receiving proper documentation. In an effort to support small business growth, drive economic activity and job creation, the Contractor is encouraged to accelerate payments to their small business subcontractors.

In accordance with the requirements of the Debt Collection Improvement Act of 1996, all payments under this order will be made by electronic funds transfer (EFT). The Contractor shall provide financial institution information to the Finance Office designated above in accordance with FAR 52.232-33 Payment by Electronic Funds Transfer – System for Award Management.

6.2 CONTRACTING OFFICER'S REPRESENTATIVE (COR) AUTHORITY

(a) Performance of work under this contract must be subject to the technical direction of the Contracting Officer's Representative identified above, or a representative designated in writing. The term "technical direction" includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

(b) Technical direction must be within the scope of the specification(s)/work statement.

The Contracting Officer's Representative does not have authority to issue technical direction that:

(1) Constitutes a change of assignment or additional work outside the specification(s)/statement of work;

(2) Constitutes a change as defined in the clause entitled "Changes";

(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or

(6) Directs, supervises or otherwise controls the actions of the contractor's employees.

(c) Technical direction may be oral or in writing. The Contracting Officer's Representative shall confirm oral direction in writing within five work days, with a copy to the Contracting Officer.

(d) The contractor shall proceed promptly with performance resulting from the technical direction issued by the Contracting Officers, Representative. If, in the opinion of the contractor, any direction of the Contracting Officers, Representative, or his/her designee, falls within the limitations in (b), above, the contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.

(e) Failure of the contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled "Disputes."

SECTION 7 – SPECIAL CONTRACT REQUIREMENTS

7.1 PROHIBITION AGAINST PERSONAL SERVICES

The Contractor shall not perform personal services under this contract. Contractor personnel are employees of the Contractor or its subcontractors and are under the administrative control and supervision of the Contractor. A Contractor supervisor must give all individual Contractor employee assignments and daily work direction. The Government will not supervise or direct Contractor employees in the performance of their assignments. If at any time the Contractor believes that any Government action or communication has been given that would create a personal service relationship between the Government and any Contractor employee, the contractor shall promptly notify the Contracting Officer of this communication or action. The Contractor shall not perform any inherently-governmental functions under this contract. No Contractor employee shall represent or give the appearance that he/she is a Government employee, agent or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. The Contractor is responsible for ensuring that all employees assigned to this contract understand and are committed to following these requirements.

7.2 RESTRICTIONS ON CONTRACTOR ACCESS TO GOVERNMENT OR THIRD

PARTY INFORMATION

The purpose of this clause is to set forth the restrictions that will govern Contractor employees access to Government or third party information in order to protect the information from unauthorized use or disclosure.

A. Under this contract, the Contractor will have access to Contractor proprietary information and other nonpublic information.

B. Restrictions on use and disclosure of information.

(1) With regard to any information to which the Contractor is given access in performance of this contract, whether the information comes from the Government or from third parties, the Contractor shall:

(i) Utilize the information only for the purposes of performing the services specified in this contract, and not for any other purposes;

(ii) Safeguard information from unauthorized use and disclosure;

(iii) Allow access to the information only to those employees who need it to perform services under this contract;

(iv) Preclude access and disclosure of information to persons and entities outside of the Contractor's organization that do not have authority to access the information;

(v) Inform employees, who may require access to information, about their obligations to utilize it only to perform the services specified in this contract and to safeguard that information from unauthorized use and disclosure; and

(vi) Ensure each employee complies with the restrictions set forth in (i), (ii), (iii), and (iv) above.

(2) Unless specifically permitted in writing by the Contracting Officer, the Contractor shall not use information acquired in performance of the contract, or generated by or for the Government to:

(i) Compete for work for the Government; or

(ii) Submit an unsolicited quote to the Government.

(3) If the Contractor is exposed to information that is marked in a way that indicates the Contractor should not receive this information, the Contractor shall:

(i) Notify the Contracting Officer; and

(ii) Use the information only in accordance with the instructions of the Contracting Officer.

C. Breach of any of the conditions of this modification may provide grounds for the Government to:

(i) Require the contractor to remove the contract employee or employees from the performance of the contract;

(ii) Require the contractor to terminate the subcontractor;

(iii) Suspend contractor payments;

(iv) Terminate this contract for default or cause;

(v) Suspend or debar the Contractor for serious misconduct affecting present responsibility; and;

(vi) Pursue such other remedies as may be permitted by law, regulation, or this contract.

D. Unauthorized disclosure or other misuse of information protected by the Privacy Act of 1974 may result in a fine up to $5000 and /or other penalties. In addition, unauthorized disclosure or other misuse of information covered under the Federal Trade Secrets Act (18 USC 1905) may result in a fine, or imprisonment up to 1 year, or both.

E. The Contractor shall flow down this clause to subcontractors at all tiers.

7.3 RESTRICTIONS ON DISCLOSURE OF INFORMATION

Information made available to the contractor by the Government for the performance or administration of this effort shall be used only for those purposes and shall not be used in any other way without the written agreement of the Contracting Officer.

The contractor agrees to assume responsibility for protecting the confidentiality of Government records, which are not public information. Each contractor or employee of the contractor to whom information may be made available or disclosed shall be notified in writing by the contractor that such information may be disclosed only for a purpose and to the extent authorized herein.

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.

The Contractor agrees not to release or disclose, verbally or in writing, information pertaining to the results or findings of work (including data collection, analyses, draft or final papers and reports) for the period of this contract without first notifying the COR in writing at least 21 days prior to the release or disclosure. At a minimum, the notification shall include: (1) who or what is generating the request for advance information; (2) when and how project results/information would be released; and (3) what information would be released.

7.4 POST AWARD ORGANIZATIONAL CONFLICT OF INTEREST

a. General: The Contractor shall have programs in place to identify, report, and mitigate actual and potential conflicts of interest for itself, its employees, subcontractors and consultants. The existence of such programs and the disclosure of known actual or potential conflicts are material performance requirements of this contract.

b. Disclosure: The Contractor shall report all actual and potential conflicts of interest pertaining to this contract to the Contracting Officer, including those that would be caused by a contemplated modification to this contact or another contract. Such reports shall be in writing (including by email). Upon request, the Contractor shall respond to a Contracting Officer's request for an OCI mitigation plan.

c. Resolution: In the event the Contracting Officer determines that a conflict of interest exists, based on disclosure from the Contractor or from other sources, the Contracting Officer shall take action which may include, but is not limited to, requesting a mitigation plan from the Contractor, terminating part or all of the contract, modifying the contract or obtaining a waiver in accordance with applicable law, including FAR 9.503 as applicable.

SECTION 8 – CONTRACT CLAUSES

8.1 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/these address(es):

FAR: https://www.acquisition.gov/far/ and HHSAR: www.hhs.gov/policies/hhsar/.

FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) CLAUSES

FAR Clause Number Title and Date

52.212-1 Instructions to Offerors (JAN 2017)

52.212-4 Contract Terms and Conditions (JAN 2017)

DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATION (HHSAR)

(48 CFR CHAPTER 3) CONTRACT CLAUSES

HHSAR Clause Number Title and Date

352.202-1 Definitions (JAN 2006)

352.203-70 Anti-Lobbying (DEC 2015)

352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations (DEC 2015)

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

Executive Orders -- Commercial Items (JAN 2017)

(1) As prescribed in 12.301(b)(4), insert the following clause:

(2) Contract Terms and Conditions Required To Implement Statutes or Executive Orders—

Commercial Items (Jan 2017)

(3) (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:

(4) (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)).

(5) (2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(6) (3) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) (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)).

(8) (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:

(9) [Contracting Officer check as appropriate.]

(10) __ (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).

(11) __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509)).

(12) __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

(13) _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).

(14) __ (5) [Reserved].

(15) __ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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

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

(17) _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).

(18) __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

(19) __ (10) [Reserved].

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

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

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

(22) __ (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).

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

(24) __ (13) [Reserved]

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

644).

(26) __ (ii) Alternate I (Nov 2011).

(27) __ (iii) Alternate II (Nov 2011).

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

644).

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

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

(31) __ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C.

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

(32) __ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C.

637(d)(4)).

(33) __ (ii) Alternate I (Nov 2016) of 52.219-9.

(34) __ (iii) Alternate II (Nov 2016) of 52.219-9.

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

(36) __ (v) Alternate IV (Nov 2016) of 52.219-9.

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

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

(39) __ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C.

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

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

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

(41) __ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

(42) __ (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)).

(43) __ (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)).

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

(45) __ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016)

(E.O. 13126).

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

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

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

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

U.S.C. 793).

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

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

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

(52) __ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter

78 and E.O. 13627).

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

(54) __ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order

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.)

(55) __ (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).

(56) 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.

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

(58) __ (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.)

(59) __ (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.)

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

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

(62) _X_ (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

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

(64) __ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s

13423 and 13514).

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

(66) __ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42

U.S.C. 8259b).

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

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

(69) _X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While

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

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

(71) __ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

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

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

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

(75) __ (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.

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

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

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

(79) _X_ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

(80) __ (51) 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).

(81) __ (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).

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

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

(84) __ (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)).

(85) __ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.

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

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

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

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

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

(90) __ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C.

637(d)(12)).

(91) __ (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).

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

(93) (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:

(94) [Contracting Officer check as appropriate.]

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

(96) _X_ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(97) _X_ (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).

(98) __ (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).

(99) __ (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).

(100) __ (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).

(101) __ (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).

(102) __ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

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

13706).

(104) __ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May

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

(105) __ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C.

5112(p)(1)).

(106) (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.

(107) (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.

(108) (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.

(109) (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.

(110) (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—

(111) (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509).

(112) (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)).

(113) (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.

(114) (iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

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

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

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

793).

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

(120) (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.

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

(122) (xii)

(123) 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 and E.O 13627).

(124) (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).

(125) (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).

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

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

(128) (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).

(129) 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.

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

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

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

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

(134) (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).

(135) (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.

(136) (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.

(137) (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.

(138) (End of clause)

(139) Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause.”

(140) Alternate II (Jan 2017). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:

(141) (d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—

(142) (i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and

(143) (ii) Interview any officer or employee regarding such transactions.

(144) (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than—

(145) (i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and

(146) (ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(147) (A) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509).

(148) (B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).

(149) (C) 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.

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

(151) (E) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(152) (F) 52.222-35, Equal Opportunity for…