18-00012-1_Breast_Implants_Supplies.pdf

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Attached to: Breast Implant Supplies
Solicitation number: 18-247-SOL-00012-1
Issued by: Department of Health and Human Services Indian Health Service

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Breast Implant Supplies

Indian Health Service (IHS), Phoenix Area Office (PAO), Division of Acquisition Management (DAM) Place of Performance: Phoenix Indian Medical Center (PIMC), Phoenix, AZ

Solicitation No: 18-247-SOL-00012-1 Date Issued: February 7, 2018

Due Date: March 7, 2018 4:00 PM MST

Issued by: Donovan Coney, Contract Specialist Email: donovan.conley@ihs.gov

Telephone: 602-364-5174

Email Overnight Delivery-FedEx Donovan.Conley@ihs.gov IHS/Phoenix Area Office (PAO) Attn: Donovan Conley Division of Acquisition Management (DAM) 40 North Central Avenue, Room 507 Phoenix, AZ 85004-4450

The Government intends to award one and three multiply award Firm-Fixed Price Indefinite Delivery Indefinite Quantity (IDIQ) contracts that will cover the period of performance for 12-months of breast implant supplies for a one base (1) year base year and the four (4) one (1) year options.

The Indian Health Service (IHS), Phoenix Area Office (PAO), Division of Acquisition Management (DAM) intends to procure breast implant supplies for patients post breast mastectomies either malignant or benign, or asymmetries for post reconstructive surgery. Supplies are to be delivered to the Phoenix Indian Medical Center, Integrated Surgical Services (ISS)/Operating Room (OR) Department in accordance with the Statement of Work (SOW) and terms and conditions of the contract.

Place of Performance:

Phoenix Indian Medical Center 4212 North 16th Street ISS/OR Department Phoenix, AZ 85016

NOTICES:

1. This is a Combined Synopsis/Solicitation.

2. ISSUED AS FULL AND OPEN COMPETITION

The NAICS Code/Size Standard: 339113 / 750 Employees mailto:donovan.conley@ihs.gov mailto:donovan.conley@ihs.gov

SECTION I – COMBINED SYNOPSIS & SOLICITAION NOTICE

This is a combined synopsis/solicitation for commercial supplies prepared in accordance with the format in Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items, in conjunction with FAR Part 13, Acquisition Procedures; and as supplemented with additional information included in this notice. This announcement constitutes the only solicitations; proposals are being requested and a written solicitation will not be issued. The Solicitation Number is 18-247-SOL-00012-1. This solicitation document incorporates all mandatory commercial item provisions and clauses that are in effect through Federal Acquisition Circular (FAC) 2005-96 dated November 8, 2017.

SECTION II – INSTRUCTIONS TO OFFERORS: ADDENDA

FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEM

This section specifies the format and content that offerors shall use in response to this Request for Proposal (RFP). Offerors shall submit a response that is legible and comprehensive enough to provide the basis for a sound evaluation by the Government. Information provided shall be precise, factual and complete. Legibility, clarity, completeness and responsiveness are important. Proposals shall be in the form prescribed by, and shall contain a response to, each of the areas identified below. Any proposal which does not meet the requirements of the solicitation may be determined to be substantially incomplete and may result in rejection of the offeror’s entire proposal.

The proposal shall be submitted in three separate sections:

Volume I: Technical Proposal Volume II: Past Performance Proposal Volume III: Price Proposal

A complete Volume I -Technical Proposal, Volume II - Past Performance Proposal, and Volume III - Price Proposal shall be submitted no later than the offer due date of March 7, 2018 at 4:00 PM MST. If any one proposal section is received past the stated closing date, the entire proposal will be considered late. No further consideration will be given to any offeror who submits any of the sections late in accordance with FAR 15.208(b).

Volume I – Technical Proposal:

A. Requirements: Offerors shall submit proposal specification information as stated in the Statement of Work under Paragraph Requirements. This shall include product specification, statement of understanding substitution or alterations, details on providing appointed representative, and provide all necessary documentation of FDA approved products or non-FDA products, and supplier manufacturer details.

B. Ordering Procedures: Offerors shall submit a proposal of their order procedures as stated in the Statement of

Work under Paragraph Ordering Procedures.

C. Warranty: Offerors shall provide a proposal on their product’s warranties.

D. Delivery Days: Offerors shall provide the number of days of delivery after the receipt of order (ARO).

Page limitation for Technical: The total number of pages shall not exceed twenty (20) pages, excluding the cover letter, title page and table of contents. If Technical contains more than the mandated page count then only the first twenty (20) pages will be evaluated.

Volume II - Past Performance:

Offerors shall provide recent and relevant contracts for the same or similar items for one or up to three (3) references within the last three (5) years. Contracts cited must be current, or have ended not more than three (5) years prior to the closing date of this solicitation. If the contract performance ended more than three (5) years prior to the closing date of the solicitation it will be determined not relevant.

The data for each reference shall contain at a minimum the following:

Company Name:___________________________________ Address:_________________________________________ Contact Name:_____________________________________ Contact Telephone No:_______________________________ Contact Fax No:_____________________________________ E-mail Address:_____________________________________ Contract Number (if applicable):________________________ Supplies Provided:___________________________________ Service Period:______________________________________ Information Comments:_______________________________

If the offeror does not possesses relevant past performance, the offeror shall submit a statement affirming that it possesses no relevant Past Performance.

The Government may contact the POCs listed on the Past Performance Information Sheets. POCs must be either Government personnel (civil service or military) or employees of private sector clients with whom it has provided services. Information provided by or for POCs who work directly for the offeror or a teaming partner will be determined not relevant.

The Government reserves the right to consider other past performance information at its disposal, in addition to any information obtained from the references provided.

Page limitation for Past Performance: The total number of pages shall not exceed five (5) pages, excluding a cover letter and title page. If Past Performance contains more than the mandated page count then only the first five (5) pages will be evaluated.

Volume III – Price:

The offeror shall include the following:

• Completed “Pricing Schedule” that accompanies solicitation as an attachment.

• Adequate price competition is expected for this acquisition. Offeror shall submit individual line item pricing for each item below. Offerors shall submit firm-fixed pricing for the requirement. Include commercial price lists; any applicable discounts, GSA/VA Contracts and F.O.B Destination to the Government. Offerors shall include estimated timeframe, after the receipt of order, for delivery of supplies.

• Prices shall be good for 60 days.

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEM

(JAN 2017)

Registration in SAM

Vendors not registered in the System for Award Management (SAM) database at the time the requirement is to be awarded will not be considered. Vendors may register with SAM by going to the website – www.sam.gov.

http://www.sam.gov/

FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (Nov 2017) is included by reference (full text is available electronically at http://www.acquisition.gov/far. A completed copy of this provision must be included with response. Offeror shall complete only paragraph (l) of this provision if the offeror has completed the annual representations and certifications electronically at https://www.sam.gov. If an offeror has not completed the annual representations and certifications electronically at the SAM website, the offeror shall complete only paragraphs (b) through (l) of this provision.

Only written requests for additional information will be accepted. Notification of any changes shall be made only on the FedBizOpp website.

Acknowledgement of solicitation number 18-247-SOL-00012-1 as well as all amendments (if applicable) must be made.

Acknowledgement may be in the form of an email with the solicitation, signature on any amendments and the pricing schedule.

Questions

Any questions must be addressed to Donovan.Conley@ihs.gov by email only no later than March 7, 2018 at 12:00

PM MST.

No phone calls will be accepted.

Responses

All responses should be submitted electronically to Donovan.Conley@ihs.gov by 04:00 pm MST March 7, 2018 of the solicitation. The Volume I - Technical, Volume II - Past Performance, and Volume III - Price shall be submitted via e-mail only. Files shall be in Microsoft Word, Microsoft Excel or Adobe PDF only.

Subject line should read: Solicitation #18-247-SOL-00012-1 Emails shall be no larger than 10 MB All proposals shall include the following information on its cover page:

• Complete company name and address

• Company POC including title, email address and phone number

• Cage Code

• DUNS Number

• Place of Manufacture

Period for Acceptance of Offers

The offeror agrees to hold the prices in its offer from for 60 calendar days from the date specified for receipts of offers within which offer may be accepted. .

SECTION III – PRICE SCHEDULE

The Contractor shall furnish all required breast implant supplies as listed in the Pricing Schedule in accordance with the Statement of Work (SOW) and all other terms and conditions specified herein.

a. Period of the Contract: One (1) base year and four (4) one (1) year options.

b. The minimum amount the Government will acquire is $2,000.00 and the maximum value the Government will acquire is $150,000.00 under this contract.

DELIVERY LOCATION:

http://www.acquisition.gov/far https://www.sam.gov/ mailto:Donovan.Conley@ihs.gov

Phoenix Indian Medical Center 4212 North 16th Street, Warehouse, Bldg-9 Phoenix, AZ 85016.

Phone: 602-263-1523

Responsibility and Inspection: Unless otherwise specified in the contract or purchase order, the supplier is responsible for the performance of all inspection requirements and Quality Control (QC).

PRICING SCHEDULE:

1. BASE YEAR:

The unit prices specified in an order shall be derived from the Pricing (below), for the contract Period of Performance (POP) in effect at the time the order is issued. The unit prices shall also be fixed for the order POP and shall not be subject to adjustment. The unit prices shall be fully burdened, inclusive of all direct costs, indirect costs, and profit.

CLIN-1: Base Year: TBD to TBD.

Pricing represents compensation to the contractor for all supplies provided in accordance with the contract SOW, and terms and conditions.

2. OPTION YEAR 1

CLIN-2: Option Year 1: TBD to TBD.

CLIN & LINE

DESCRIPTION

QUANTITY &

UNIT

UNIT PRICE

TOTAL AMOUNT

1.A: Expander with Tabs, All Sizes

3 -EA $ $

1.B: Expanders Without Tabs, All Sizes

2-EA $ $

1.C: Gel Sizers, All Sizes 2-EA

1.D: Saline Implants, All Sizes 3-EA $ $

1.E: Gel Implants, Shaped Cohesive, All Sizes

8-EA $ $

1.F: Gel Implants, Smooth Round, All Sizes

8-EA $ $

CLIN-1: Total Base Year: $ Minimum amount of supplies to be ordered $2,000.00

Maximum amount of supplies to be ordered $30,000.00

Pricing represents compensation to the contractor for all supplies provided in accordance with the contract

3. OPTION YEAR 2:

CLIN-3: Option Year 2: TBD to TBD.

Pricing represents compensation to the contractor for all supplies provided in accordance with the contract

2.A: Expander with Tabs, All Sizes

3 -EA $ $

2.B: Expanders Without Tabs, All Sizes

2.C: Gel Sizers, All Sizes 2-EA

2.D: Saline Implants, All Sizes 3-EA $ $

2.E: Gel Implants, Shaped Cohesive, All Sizes

8-EA $ $

2.F: Gel Implants, Smooth Round, All Sizes

8-EA $ $

CLIN-2: Total Option Year 1: $

3.A: Expander with Tabs, All Sizes

3 -EA $ $

3.B: Expanders Without Tabs, All Sizes

3.C: Gel Sizers, All Sizes 2-EA

3.D: Saline Implants, All Sizes 3-EA $ $

3.E: Gel Implants, Shaped Cohesive, All Sizes

8-EA $ $

3.F: Gel Implants, Smooth Round, All Sizes

8-EA $ $

CLIN-3: Total Option Year 2: $

4. OPTION YEAR 3:

CLIN-4: Option Year 3: TDB to TBD

Pricing represents compensation to the contractor for all supplies provided in accordance with the contract

5. OPTION YEAR 4:

CLIN-5: Option Year 4: TBD to TBD.

4.A: Expander with Tabs, All Sizes

3 –EA $ $

4.B: Expanders Without Tabs, All Sizes

4.C: Gel Sizers, All Sizes 2-EA

4.D: Saline Implants, All Sizes 3-EA $ $

4.E: Gel Implants, Shaped Cohesive, All Sizes

8-EA $ $

4.F: Gel Implants, Smooth Round, All Sizes

8-EA $ $

CLIN-4: Total Option Year 3: $

5.A: Expander with Tabs, All Sizes

3 –EA $ $

5.B: Expanders Without Tabs, All Sizes

5.C: Gel Sizers, All Sizes 2-EA

5.D: Saline Implants, All Sizes 3-EA $ $

5.E: Gel Implants, Shaped Cohesive, All Sizes

8-EA $ $

Pricing represents compensation to the contractor for all supplies provided in accordance with the contract

Total Award amount shall not exceed $150,000.00 for the base and option years.

SECTION IV – STATEMENT OF WORK (SOW)

Project Title: Breast Implant Supplies

1. Requirements:

Phoenix Indian Medical Center has a requirement for reconstruction breast implants and expanders. The contractor shall provide Saline and Gel breast implants and that are filled with a silicone gel or saline that holds together uniformly and retains a natural shape and texture that will resemble breast tissue. The implants must have a set-fill volume for predictable results. The breast implants are pre-filled to an appropriate volume that is required by the surgeon. Offerors shall provide a full complement of volume amounts ranging from 80cc to 800cc. Saline or Gel shall not be added or removed from the implant. Tissue expanders, used in breast reconstruction shall be designed to allow for differential expansion of the breast pocket (greater expansion in the lower portion of the breast). The expander should have an integral “injection port” that allows for simplified and more convenient expansion. Offerors shall provide at a minimum a 30mm port. However, a larger port entry point is optimal due to the potential patient risk should an expander puncture occur.

The technical requirements shall include the styles described within the Price Schedule (See Section III, Price Schedule).

Offerors shall provide their gel implant, saline implant and expander listing specifications for verification of the models, styles, profiles, catalog number, volume, width and projections along with their proposals.

The Contractor shall not provide substitutions or alterations to the product to be ordered without the express written consent from the Contracting Office and the approval from PIMC. The Contractor shall make no adjustments, changes, deletions or additions to the list of products to be provided without a written contract modification from the Contracting Officer.

Request for modification must be submitted in writing to the Contract Specialist as specified in the Instructions to Offerors.

The Contractor shall provide product support to PIMC. The Contractor shall appoint a representative for the routine interactions with the PIMC. The Contractor shall provide a name, email address, and phone number for this individual. If the Contractor changes its appointed representative, it must notify PIMC in writing and provide the new representatives contact information. This individual shall be well-versed in the items provided by the Contractor under the contract and be able to address any technical issues/questions.

The supplies shall be compliant with the Food and Drug Administration (FDA) requirements to market and deliver of medical products for use in the United States of America. The claims made for the product shall comply with the regulations of the FDA with respect to products for marketing and delivery of a medical product for use in the United States of America.

Offerors must notify the Contract Specialist identified in this requirement in the event there are any non-compliance issues with the product being supplied.

Contractor shall be the original supply manufacturer, authorized dealer, authorized distributor or authorized reseller for the proposed supplies. Warranty and service are provided and maintained by the original supply manufacturer.

5.F: Gel Implants, Smooth Round, All Sizes

8-EA $ $

CLIN-5: Total Option Year 4: $

Total Award Amount (Base and Options): $

2. Ordering Procedures:

The Government will utilize a provisional ordering program. The Contractor shall be responsible on providing a worksheet for Ordering Officials to place implants and expanders orders. The Ordering Officials will provide the Contractor an order no earlier than 14 days before surgery. Orders shall be delivered FOB Destination. All unused implants and expanders must be returned within 30 days after surgery and the Contractor will provide prepaid return labels and phone number with their designated transportation carrier. No additional charges or shipping may be levied against the Government in order to meet this requirement and the cost of shipping/delivery will be included in the contract. The Contractor shall provide email notices to the COR and Ordering Officials to return unused implants and expanders. On the last day of month the Contractor shall provide PIMC an invoice for the ordered implants and expanders.

The Government will issue Task Order(s) as the need arises either in a lump sum for the year or for individual emergencies.

RFQ’s may be issued to all awardees and award given to the best offerer or as time the requirement necessitates, the requirement may just be awarded as the Contracting Officer deems necessary. If an RFQ is issued, the evaluation criteria is lowest price.

3. Estimated 1 Year Quantities by Category:

Line Item Unit Quantity A. Expander With Tabs Each 3 B. Expander Without Tabs Each 2 C. Gel Sizers Each 2 D. Saline Implants Each 3 E. Gel Implants, Shaped Cohesive Each 8 F. Gel Implants, Smooth Round Each 8

SECTION V – BASIS FOR AWDARD

FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014)

(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 following factors shall be used to evaluate offers:

Technical Past Performance Price

Technical and past performance, when combined, are greater in importance than price.

(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.

ADDENDUM to FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS BASIS OF AWARD: Award will be made on a firm fixed price basis and will be based on a scoring system recognizing all the factors as shown above. The Government intends to make an award based on initial offers, without discussions. As such, Contractors are encouraged to submit their best proposal as their initial offer. While the Government intends to award based on initial offers, the Government reserves the right to open discussions with all Contractors within the competitive range should the Contracting Officer make a determination that discussion would be in the best interest of the Government.

The contract will be awarded to the offeror that presents the best value to the government. Technical and past performance when combined are greater in importance than price.

The evaluation process shall proceed as follows:

Initially, all technical proposals submitted by offerors will be evaluated. The past performance information provided will be validated by contacting the offeror’s submitted information. The price proposal will be evaluated to determine a fair and reasonable price. An award shall be made to the offeror who’s proposal represents the best overall value to the Government.

The following factors shall be used to evaluate offers:

TECHNICAL EVALUATION FACTORS:

A. Requirements: Proposal specification information necessary for providing the required supplies as stated in the Statement of Work under Paragraph Requirements.

B. Ordering Procedures: Proposal information necessary to provide the ordering procedures as stated in the

Statement of Work under Paragraph Ordering Procedures.

C. Warranty: Warranty information on all products.

D. Delivery Days: Number of days.

PAST PERFORMANCE EVLAUATION FACTORS:

The Government will first evaluate the offeror’s Past Performance references to determine whether the company has provided relevant Past Performance. A determination of relevant or not relevant will be made for each reference. A relevancy determination may be made based solely on the information provided on the past performance.

Past performance information may be obtained from any other sources available to the Government, such as Past Performance Information Retrieval System (PPIRS) and interviews with Contracting Officer’s Representatives/Technical Liaisons.

The Government reserves the right to utilize other information not provided by the vendor and will evaluate information readily available. It is the responsibility of the offeror to ensure names and phone numbers of points of contact are verified and accurate. 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 will not be evaluated favorably or unfavorably on past performance (FAR 15.305(a)(2)(iv)). The offeror will receive a neutral rating.

Past Performance reference format:

Company Name:___________________________________

Address:_________________________________________

Contact Name:_____________________________________

Contact Telephone No:_______________________________

Contact Fax No:_____________________________________

E-mail Address:_____________________________________

Contract Number (if applicable):________________________

Supplies Provided:___________________________________

Service Period:______________________________________

Information Comments:_______________________________

PRICE:

Cost/price will be evaluated for reasonableness. The price must represent what a prudent person would pay when consideration is given to prices in the market. An award shall be made to the offeror whose proposal represents the best overall value to the Government.

The Government will evaluate the proposals to determine the price fair and reasonableness in accordance with FAR 13.106-3(a).

Offer must be good for 120 calendar days after submission.

FOB Destination CONUS (Continental U.S.). Shipping charges shall be included in the purchase cost of the product.

Sellers shall deliver the products on their own conveyance to the location listed on the award.

RATING METHODS

Technical: Adjective Rating:

One of the following ratings will be assigned.

TECHNICAL RATINGS

Rating Definition

Exceptional Greatly exceeds all minimum requirements of the criteria; has a high probability of success; contains no weaknesses or deficiencies.

Good Exceeds all the minimum requirements of the criteria; has an above average probability of success; contains no significant weaknesses and only minor, correctable weaknesses exist.

Acceptable Meets all the minimum requirements of the criteria; has an average probability of success; no significant weaknesses and any deficiencies can be readily corrected.

Marginal Fails to meet one or more of the minimum requirements of the criteria; low probability of success; major weaknesses and/or significant number of deficiencies exist

Unacceptable Fails to meet any of the minimum requirements of the criteria; proposal needs major revisions; very low probability of success.

Past Performance Ratings:

One of the following ratings will be assigned.

PAST PERFORMANCE RELEVANCY RATINGS

Rating Definition Very Relevant Present/past performance effort involved essentially the same magnitude of effort and complexities this solicitation requires.

Relevant Present/past performance effort involved much of the magnitude of effort and complexities this solicitation requires.

Somewhat Relevant

Present/past performance effort involved some of the magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort did not involve any of the magnitude of effort and complexities this solicitation requires.

The combination of relevancy and recency, and performance documented by the information collected by the Government, will result in one of the following ratings:

PAST PERFORMANCE RATINGS

Rating Description Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown (See note below.).

Unacceptable Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will successfully perform the required effort.

SECTION VI – CONTRACT CLAUSES AND ADMINISTARTION DATA

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):

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

Number Title (Date) FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran – Representation and Certifications (OCT 2015) FAR 52.246-2 Inspection of Supplies-Fixed Price (AUG1996) FAR 52.212-4 Contract Terms and Conditions – Commercial Items (JAN 2017) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) FAR 52.247-34 F.O.B. Destination (NOV 1991)

FAR 52.211-16 Variation in Quantity (Apr 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.

(b) The permissible variation shall be limited to:

4 Percent increase standard sizes up from the request middle size/medium range.

4 Percent decrease standards sizes down from the requested middle size/medium range.

This increase or decrease shall apply to the item(s) requested.

FAR 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 TBD through TBD.

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

(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.

Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

FAR 52.216-19 Ordering Limitations (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100.00 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 $30,000.00;

(2) Any order for a combination of items in excess of $150,000.00; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (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 10 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.

FAR 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 TBD.

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders – Commercial Item (NOV 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, 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.] ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

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

___ (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).

___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

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

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

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

___ (13) [Reserved] ___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

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

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

___ (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.

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

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

___ (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)).

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

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C.

657f).

___ (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).

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

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

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

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

___ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O.

13513).

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

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

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

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

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

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

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

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

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

___ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (49) 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).

___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (55) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

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

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

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

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

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

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

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

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

(xix) 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).

(xx) 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.

(xxi) 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.

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.

FAR 52.217-9 Option to Extend 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; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 Days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 Years and six (6) months.

Health & Human Services Acquisition Regulation (HHSAR) Clauses, Authority: 5 U.S.C. 301; 40 U.S.C. 121(c)(2)

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