19-233-SOL-00222.pdf
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- Business Support Services for Reorganizations and Delegations Federal contract opportunity
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
DAM
Bethesda MD 20814 8th Floor 7700 Wisconsin Avenue
DHHS/PSC/AMS/DAM
PERRYPOINT-201 CODE 16. ADMINISTERED BYCODE
X
X
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED ORDAM
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
03/27/2019 1400 ET
03/13/2019
301-443-7078DAVID MORGAN
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
19-233-SOL-00222
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 58 OS236483OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
HARRISBURG PA 17101
ROOM 350
228 3RD STREET
PerryPoint-201
15. DELIVER TO
Bethesda MD 20814 8th Floor 7700 Wisconsin Avenue
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULE
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
DHHS/PSC/AMS/DAM
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB X
X
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Business Support Services for Reorganizations and Delegations Delivery: 04/01/2019
1 Business Support Services for Reorganizations and Delegations
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
XX
DATED
DAVID D. MORGAN
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT:
REF.
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
58 2 of
19-233-SOL-00222
Business Support Services for Reorganizations and Delegations
1 SERVICES/PRICES
1.1 BRIEF DESCRIPTION OF SERVICES
The Department of Health and Human Services (HHS), Office of the Secretary, Assistant Secretary for Administration, Office of Business Management and Transformation (OBMT) has a need for Business Support Services to support reorganizations and delegations.
1.2 TYPE OF CONTRACT
The Government contemplates award of a Time and Materials contract.
1.3 SEVERABLE SERVICES
The services acquired under this contract are severable services. Funds are only available for use for the line item to which they are obligated. Unused funds from one period (line item) may not rollover for use in other periods.
1.4 CONSIDERATION AND PAYMENT (T&M – Severable Services)
In consideration of satisfactory performance of the work as described throughout this contract, the Contractor shall be paid in accordance with the fixed loaded hourly rates as shown herein for the specified categories of labor based on the number of actual hours incurred in the performance of the work specified. Fully loaded rates shall be all inclusive of direct labor, fringe benefits, applicable indirect costs, and any profit for each labor category. Additionally, the contractor shall be paid for materials and travel directly chargeable to this contract.
If the options are exercised funding will be obligated by modification to the contract. The base period and option periods are priced as follows:
CLIN 1001 – Base Year – 12 Months
BASE YEAR
Price/hour for Consultant*
# of work hours performed by Consultant (estimated)
Total
SOW
Task # Associated Deliverable(s)
1 Draft Project Management Plan
Final Project
2 Reorganization Packages Compliant with GAM Chapter 8-
Suggested Updates to GAM Chapter 8-60 and Related Materials
3 Tracking workbooks (or equivalent approach) for Reorganization and Delegation Requests
Approach to Maintain Relevant E-Mails for each Request in Dedicated Folders (or equivalent)
4 Delegation Packages Compliant with GAM Chapter 8-100
Suggested Updates to GAM Chapter 8-100 and Related Materials
5 Government Reform Support
Total
CLIN 2001 – Option Year 1 – 12 Months
OPTION Year 1
Price/hour for Consultant*
# of work hours performed by Consultant (estimated)
Total
SOW
Task # Associated Deliverable(s)
Suggested Updates to GAM Chapter 8-60 and Related Materials approach) for each Request in Dedicated Folders (or equivalent) to GAM Chapter 8- 100 and Related
CLIN 3001 – Option Year 2 – 12 Months
OPTION YEAR 2
Price/hour for Consultant*
# of work hours performed by Consultant (estimated)
Total
SOW
Task # Associated Deliverable(s) to GAM Chapter 8-60 and Related approach) for each Request in Dedicated Folders (or equivalent) to GAM Chapter 8- 100 and Related
2 DESCRIPTION/SPECIFICATIONS
2.1 BACKGROUND
The Office of Business Management and Transformation (OBMT) supports the U.S. Department of Health and Human Services (HHS) mission by identifying, developing, implementing, and evaluating efficient and effective business practices throughout the Department. In addition, OBMT acts as an internal consulting group, maximizing return on taxpayer dollars by undertaking initiatives to improve services, reduce costs, and streamline bureaucracy. OBMT provides guidance to OpDivs and StaffDivs about reorganizations that need Secretarial approval, and reorganizations within the HHS Office of the Secretary (OS) that need Assistant Secretary for Administration (ASA) approval (as the OS OpDiv Head). OBMT generally receives approximately 50 reorganization-related requests per year.
OBMT also is responsible for the Department’s Delegations of Authority Program and generally receives approximately 100 delegation-related requests per year. Delegations of Authority (delegations) allow the Secretary and other officials to convey authorities provided to them by statute, regulation, or executive order to subordinate officials so they may legally carry out the many activities of the Department. OBMT reviews delegation packages that require Secretarial approval, and provides guidance to StaffDivs about preparing delegation packages that require a signature from the Secretary or ASA as the OS OpDiv Head.
2.2 OBJECTIVES
The contractor will track reorganization-related requests and packages, and delegation inquiries and packages, including OBMT responses to all of these items. The contractor also will provide technical assistance related to reorganization inquiries from HHS OpDivs and StaffDivs, and perform delegation research related to information requests and/or initiation of new delegation packages from OpDivs and StaffDivs.
2.3 SCOPE OF WORK
1. Kick-off Meeting. The contractor shall call into a kick-off meeting with the Government at the OBMT office. Within five (5) business days after award, the contractor shall provide the Government with a draft project management plan for the tasks described below. The Government will provide feedback, which shall be integrated into the final project management plan.
Deliverables:
a. Draft project management plan in softcopy.
b. Final project management plan in softcopy
2. Technical assistance to OpDivs and StaffDivs creating new reorganization packages. The
Contractor shall respond to OpDiv and StaffDiv reorganization inquiries and assist OpDivs and StaffDivs to prepare draft reorganization packages following the procedures outlined in HHS’s General Administration Manual (GAM) Chapter 8-60.
a. Reorganization packages compliant with GAM Chapter 8-60 for final review by OBMT leadership.
b. Suggested updates to GAM Chapter 8-60 and other related materials as necessary.
3. Tracking of reorganization-related requests and delegation requests, including OBMT responses. The contractor shall use tracking mechanism(s) (such as Excel workbooks) to collect and update pertinent information related to reorganization packages and delegation requests. These records are needed because formal review and approval of reorganizations and delegations takes several months, and OBMT also receives questions about items that were approved in the past.
a. Tracking workbooks (or equivalent approach) including but not limited to the date, request type, request description, requestor name and organization, current status, and OBMT response, updated for each reorganization and delegation request.
b. Approach to maintain relevant e-mails for each request in dedicated folders or equivalent.
4. Delegation research and technical assistance to OpDivs and StaffDivs creating new delegation packages. The Contractor shall respond to delegation inquiries and assist OpDivs and StaffDivs to prepare draft delegation packages following the procedures outlined in GAM Chapter 8-100.
a. Delegation packages compliant with GAM Chapter 8-100 for final review by OBMT leadership.
b. Suggested updates to GAM Chapter 8-100 and other related materials as necessary.
5. Support Government Reform. The contractor shall provide general support to the exploration and documentation of potential reform ideas including reorganizations and delegations, process redesign efforts, and related government reform initiatives (e.g., ReImagine HHS and the Presidential Management Agenda [PMA]), in support of HHS deliverables.
2.4 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)
The Government intends to utilize a Quality Assurance Surveillance Plan (QASP) to monitor the quality of the Contractor’s performance. The oversight provided for in the contract and in the QASP will help to ensure that service levels reach and maintain the required levels throughout the contract term. Further, the QASP provides the COR with a proactive way to avoid unacceptable or deficient performance, and provides verifiable input for the Contractor Performance Assessment Reporting System (CPARS). The QASP may be updated by modification to the contract.
***THIS IS A SAMPLE QASP CHART AND SHALL BE USED AS A GUIDE FOR
QUOTER’S. IT IS AT THE DISCRETION OF THE QUOTER TO SUBMIT A QASP
THAT IS INCLUSIVE OF THE TASKS PRESENTED IN THE PERFORMANCE
WORK STATEMENT. A FINAL AGREED UPON QASP WILL BE INCLUDED UPON
CONTRACT AWARD. ***
Quality Assurance Surveillance Plan (QASP)
Required Services/Tasks
Performance Standards
Method of Surveillance (Quality Assurance)
Standard to be Met/ Allowable Deviation
Customer Satisfaction
Contractor complies with PWS specifications.
Contractor adheres to guidance provided by COR.
COR feedback
Fewer than 2 written complaints from COR during the period of performance.
Overall Contract Management, Including Timeliness
Contractor maintains high level of quality assurance.
Contractor informs COR timely of issues or problems.
Contractor meets time
COR and Contracting Officer monitoring and review of activities and deliverables.
COR makes no more than 2 valid written complaints during the period of performance. No more than a two week delay in agreed upon schedule.
frames agreed upon.
Written Products
Contractor provides high-quality written materials.
COR and other federal staff reviews of draft and final products.
Minimal rewriting or editing required; product utilized (e.g., disseminated) as planned.
Cost Performance Contractor is performing within the budget of the contract.
COR to review monthly invoices and cost reports
Contractor shall perform within the negotiated budget/cost of the contract each month.
3 PACKAGING AND MARKING
All information and deliverables shall be delivered to the address shown in Section 5.3 entitled – Reports/Deliverables - and shall be marked as follows:
1. Name and address of the Contractor;
2. Contract Number; (to be listed at award)
3. Description of item contained therein; and
4. Consignee's name and address.
4 INSPECTION AND ACCEPTANCE
4.1 INSPECTION AND ACCEPTANCE
Pursuant to FAR clause 52.212-4, all work described in Section 2 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 Contracting Officer’s Representative (COR), who is responsible for inspection and acceptance of all services, materials, or supplies to be provided by the Contractor.
4.1.1 Inspection And Acceptance Criteria
Final inspection and acceptance of all work performed, reports and other deliverables will be performed at the place of delivery by the COR.
5 DELIVERIES OR PERFORMANCE
5.1 PERIOD OF PERFORMANCE
The period of performance shall be for a base year of twelve (12) months and two (2) twelve (12) month option years, as follows:
Base Year: TBD Option Year 1: TBD Option Year 2: TBD
5.2 PLACE OF PERFORMANCE
Work shall be performed at the contractor’s facility. The contractor is not required to work at a government facility. The contractor’s employee(s) performing work hereunder shall be required to pass a background investigation, but a clearance is not required for this work.
5.3 DELIVERABLES AND DELIVERABLE SCHEDULE
Task Deliverable Due Date
1. Kick-Off Meeting Draft project management plan in softcopy
5 working days after contract award
Final project management plan in softcopy
2 working days after receipt of government feedback on the draft plan
2. Reorganization Technical Assistance Reorganization packages compliant with GAM Chapter 8-60 for final review by OBMT leadership
5 working days after package components are provided to Contractor
Suggested updates to GAM Chapter 8-60 and other related materials as necessary
10 working days after materials are provided to Contractor for review or update
3. Tracking of Reorganizations and Delegations
Tracking workbooks (or equivalent approach) including but not limited to the date, request type, request description, requestor name and organization, current status, and OBMT response, updated for each reorganization and delegation request
30 working days after contract award, with weekly updates thereafter
Approach to maintain relevant e-mails for each request in dedicated folders or equivalent
30 working days after contract award, with weekly updates thereafter
4.0, Delegation Research and Technical Assistance
Delegation packages compliant with GAM Chapter 8-100 for final review by OBMT leadership
5 working days after package components are provided to Contractor
Suggested updates to GAM Chapter 8-100 and other related materials as necessary
10 working days after materials are provided to Contractor for review or update
5.0, Government Reform Project management planning support documents, process redesign support documents, workgroup meeting support documents, reorganization and delegation proposals, and other content for the ReImagine HHS Strategic Shifts (or similar initiatives) and PMA.
Drafts are due two working days after meetings are held or general information otherwise is conveyed to the contractor; final documents are due two days after receipt of government feedback.
6.0, Project Management Written Status Report Every Monday during the term of the contract
6 CONTRACT ADMINISTRATION DATA
6.1 AUTHORITIES OF GOVERNMENT PERSONNEL
Notwithstanding the Contractor’s responsibility for total management during the performance of this contract, the administration of the contract will require coordination between the Government and the Contractor. The following individuals will be the Government’s points of contact during performance of the contract.
6.1.1 Contracting Officer
All communications pertaining to contractual and/or administrative matters shall be sent to the attention of:
David Morgan, Contracting Officer 7700 Wisconsin Avenue, 8th Floor Bethesda, MD 20857 Phone: (301)492-4655 Email: David.Morgan@psc.hhs.gov
Note: The PSC Contracting Officer is the only individual authorized to modify this requirement.
6.1.2 Contracting Officer Representative
TBD
6.2 Contracting Officers’ Representative 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 Officer’s Representative. If, in the opinion of the contractor, any direction of the mailto:David.Morgan@psc.hhs.gov
Contracting Officer’s 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.”
6.3 INVOICE SUBMISSION
The Contractor shall submit invoices once per month. A complete invoice with all required back-up documentation shall be sent electronically, via email, to:
1. Contract Specialist: David.Morgan@psc.hhs.gov
2. Contracting Officer's Representative (COR): TBD
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 solicitation provision, 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 mailto:David.Morgan@psc.hhs.gov 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.
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.
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 CONTRACTOR PERFORMANCE EVALUATION(S)
During the life of this contract, Contractor performance will be evaluated on an interim and final basis pursuant to FAR Subpart 42.15. The Contractor Performance Assessment Reporting System (CPARS) will be utilized for these reviews. Information on CPARS can be located at http://www.cpars.gov.
7.3 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 employee’s 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.
http://www.cpars.gov/
(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 proposal 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 section of the contract 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.
7.4 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.
8 CLAUSES
8.1 FEDERAL ACQUISITION REGULATIONS (FAR) 52.252-2 CLAUSES INCORPORATED BY
REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/Far/
FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) CLAUSES
CLAUSE TITLE
52.202-1 Definitions (NOV 2013 52.203-5 Covenant Against Contingent Fees (MAY 2014) 52.203-7 Anti-Kickback Procedures (MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity
(MAY 2014)
52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of
Whistleblower Rights (APR 2014) 52.204-13 System for Award Management Maintenance (DECD 2015) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.212-4 Contract Terms and Conditions – Commercial Items (MAY 2015) 52.223-6 Drug-Free Workplace (MAY 2001) 52.227-1 Authorization and Consent (DEC 2007) 52-232-17 Interest (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.242-13 Bankruptcy (JUL 1995) 52.243-3 Changes-Time and Materials or Labor Hours (SEPT 2000) 52.244-2 Subcontracts (OCT 2010) 52.246-25 Limitation of Liability -- Services (FEB 1997)
HEALTH AND HUMAN SERVICES ACQUISITION REGULATION (HHSAR) (48 CFR CHAPTER 3)
CLAUSES
CLAUSE TITLE AND DATE
352.203-70 Anti-Lobbying (DEC 2015) 352.208-70 Printing and Duplication (DEC 2015) 352.224-71 Confidential Information (DEC 2015) 352.227–70 Publications and Publicity (DEC 2015) 352.231–70 Salary Rate Limitation (Dec 2015) 352.237-74 Non-Discrimination in Service Delivery (DEC 2015)
8.2 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS—COMMERCIAL ITEMS (JUN 2016)
(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) https://www.acquisition.gov/Far/
(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
__ (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 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).
__ (5) [Reserved].
__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).
_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).
__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (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 Set-Aside (Nov 2011) (15 U.S.C. 644).
__ (ii) Alternate I (Nov 2011).
__ (iii) Alternate II (Nov 2011).
__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
__ (ii) Alternate I (Oct 1995) of 52.219-7.
__ (iii) Alternate II (Mar 2004) of 52.219-7.
__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).
__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Oct 2001) of 52.219-9.
__ (iii) Alternate II (Oct 2001) of 52.219-9.
__ (iv) Alternate III (Oct 2015) 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 (Nov 2011) (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. 657 f).
__ (22) 52.219-28, Post Award Small Business Program Representation (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).
__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O.
13126).
_x_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_x_ (28) 52.222-26, Equal Opportunity (Apr 2015) (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). (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.)
__ (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 Televisions (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-14.
__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.
8259b).
__ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-16.
_x_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).
__ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
__ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).
__ (45) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).
__ (46)(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.
__ (47) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_ (48) 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).
__ (49) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
__ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.
5150).
__ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
__ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
__ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
_x_ (54) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (55) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (58)(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.]
_x_ (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).
_x_ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).
__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).
__ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 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) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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.
(iii) 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.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)
(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)
(ix) 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.
(x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
(xi) 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).
(xii) 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).
(xiii) 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).
(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).
(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xvii) 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.
(xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph
(d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
8.3 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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.
(End of Clause)
8.4 FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract expiration.
(End of clause)
8.5 HHSAR 352.203-70 ANTI-LOBBYING (MAR 2012)
Pursuant to the current HHS annual appropriations act, Public Law 112-74, except for normal and recognized executive-legislative relationships, the Contractor shall not use any HHS contract funds for:
(a) Publicity or propaganda purposes;
(b) The preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television or video presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body, except in presentation to the Congress or any State or local legislature itself; or designed to support of defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any State or local government, except in presentation to the executive branch of any State or local government itself; or
(c) Payment of salary or expenses of the Contractor, or any agent acting for the Contractor, related to any activity designed to influence the enactment of legislation, appropriations regulation, administrative action, or Executive order proposed or pending before the Congress or any State government, State legislature or local legislature or legislative body, other than for normal and recognized executive-legislative relationships or…
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