Solicitation_2018-N-67770.pdf

SECTION A – Synopsis and Description of Requirement

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

The solicitation number is 2018-N-67770, and is being issued as a Request For Proposals (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-97. The associated North American Industrial Classification System (NAICS) code for this procurement is 811219. THIS RFP IS BEING SOLICITED FOR FULL AND OPEN COMPETITION. Offerors must be registered in the System for Award Management (SAM) at http://www.sam.gov, in order to be considered for award. Each offeror shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications—Commercial Items, with its offer.

This combined synopsis solicitation notice is a request for competitive proposals. This requirement is for preventative maintenance, and may result in the award of one or more Fixed Price contracts. The term of the resulting contract(s) shall be a one (1) 12-month base period and four (4) 12-month option periods for a total of five (5) years. A Government review of performance will be performed annually through CPARS. CPARS is the Contractor Performance Assessment Reporting System that reports to the Past Performance Information Retrieval System (PPIRS), which provides timely and relevant information on Contractor performance for use in source selection. The anticipated Period of Performance for this requirement and any resultant contract(s) is March 1, 2018 – February 28, 2023.

Offerors are not required to propose on all line items in order to be considered for award. However, the Government will consider additional administrative costs in its price evaluation. Any potential subcontracting plans must also be documented and clear. In addition to other factors, proposals will be evaluated on the basis of advantages and disadvantages to the Government that might result from making more than one award (multiple awards). The Government reserves the right to make one (1) award or multiple awards as necessary to fulfil this requirement in the best interest of the Government.

All questions/inquiries must be submitted to the contracting officer via electronic mail (e-mail) not later than 12:00 Noon Eastern Standard Time/Eastern Daylight Time (EST/EDT) on Monday, February 5, 2018. Inquiries submitted via telephone will be re-directed to an e-mail submission. Submit offers and/or any questions to the attention of Sherrie Randall at srandall@cdc.gov. Questions will not be answered on an individual basis, and all responses will be posted to FBO. Proposals are due via email to srandall@cdc.gov on February 12, 2018 at 12:00 PM EST/EDT.

Offerors who fail to complete and submit the requirements of this combined synopsis/solicitation may be considered non-responsive. Proposals received prior to the RFP closing date and time (February 12, 2018 at 12:00 PM EST/EDT) will be considered by the CDC. Late proposals will not be accepted.

mailto:srandall@cdc.gov

Section B - Supplies Or Services And Prices/Costs

BASE YEAR

ITEM SUPPLIES / SERVICES QTY / UNIT UNIT PRICE NOT TO EXCEED

0001 Preventative Maintenance, rotation, inventory, quality control, deployment, shipment and replacement of parts for 2000 Puritan-Bennett LP10 Ventilators in accordance with the SOW

BASE YEAR

Period of Performance:

March 1, 2018 – February 28, 2019

This is a firm-fixed-price line item

Severable Services

4 Quarter $________ $____________

ITEM SUPPLIES / SERVICES QTY / UNIT UNIT PRICE NOT TO EXCEED

0002 Preventative Maintenance, rotation, inventory, quality control, deployment, shipment and replacement of parts for 2486 Impact 754 Portable Ventilator Systems in accordance with the SOW

BASE YEAR

Period of Performance:

March 1, 2018 – February 28, 2019

This is a firm-fixed-price line item

0003 Preventative Maintenance, rotation, inventory, quality control, deployment, shipment and replacement of parts for 1000 IMPACT 321 Series GR Ultra- Lite Aspirators in accordance with the

SOW

BASE YEAR

Period of Performance:

March 1, 2018 – February 28, 2019

This is a firm-fixed-price line item

Option Year I

1001 Preventative Maintenance, rotation, inventory, quality control, deployment, shipment and replacement of parts for 2000 Puritan-Bennett LP10 Ventilators in accordance with the Statement of Work

OPTION YEAR I

Period of Performance:

March 1, 2019 – February 28, 2020

This is a firm-fixed-price line item

1002 Preventative Maintenance, rotation, inventory, quality control, deployment, shipment and replacement of parts for 2486 Impact 754 Portable Ventilator Systems in accordance with the SOW

OPTION YEAR I

Period of Performance:

March 1, 2019 – February 28, 2020

This is a firm-fixed-price line item

1003 Preventative Maintenance, rotation, inventory, quality control, deployment, shipment and replacement of parts for 1000 IMPACT 321 Series GR Ultra- Lite Aspirators in accordance with the

SOW

OPTION YEAR I

Period of Performance:

March 1, 2019 – February 28, 2020

This is a firm-fixed-price line item

Option Year II

2001 Preventative Maintenance, rotation, inventory, quality control, deployment, shipment and replacement of parts for 2000 Puritan-Bennett LP10 Ventilators in accordance with the Statement of Work

OPTION YEAR II

Period of Performance:

March 1, 2020 – February 28, 2021

This is a firm-fixed-price line item

2002 Preventative Maintenance, rotation, inventory, quality control, deployment, shipment and replacement of parts for 2486 Impact 754 Portable Ventilator Systems in accordance with the SOW

OPTION YEAR II

Period of Performance:

March 1, 2020 – February 28, 2021

This is a firm-fixed-price line item

2003 Preventative Maintenance, rotation, inventory, quality control, deployment, shipment and replacement of parts for 1000 IMPACT 321 Series GR Ultra- Lite Aspirators in accordance with the

SOW

OPTION YEAR II

Period of Performance:

March 1, 2020 – February 28, 2021

Option Year III

3001 Preventative Maintenance, rotation, inventory, quality control, deployment, shipment and replacement of parts for 2000 Puritan-Bennett LP10 Ventilators in accordance with the Statement of Work

OPTION YEAR III

Period of Performance:

March 1, 2021 – February 28, 2022

This is a firm-fixed-price line item

3002 Preventative Maintenance, rotation, inventory, quality control, deployment, shipment and replacement of parts for 2486 Impact 754 Portable Ventilator Systems in accordance with the SOW

OPTION YEAR III

Period of Performance:

March 1, 2021 – February 28, 2022

This is a firm-fixed-price line item

3003 Preventative Maintenance, rotation, inventory, quality control, deployment, shipment and replacement of parts for 1000 IMPACT 321 Series GR Ultra- Lite Aspirators in accordance with the

SOW

OPTION YEAR III

Period of Performance:

March 1, 2021 – February 28, 2022

Option Year IV

4001 Preventative Maintenance, rotation, inventory, quality control, deployment, shipment and replacement of parts for 2000 Puritan-Bennett LP10 Ventilators in accordance with the Statement of Work

OPTION YEAR IV

Period of Performance:

March 1, 2022 – February 28, 2023

4002 Preventative Maintenance, rotation, inventory, quality control, deployment, shipment and replacement of parts for 2486 Impact 754 Portable Ventilator Systems in accordance with the SOW

OPTION YEAR IV

Period of Performance:

March 1, 2022 – February 28, 2023

4003 Preventative Maintenance, rotation, inventory, quality control, deployment, shipment and replacement of parts for 1000 IMPACT 321 Series GR Ultra- Lite Aspirators in accordance with the

SOW

OPTION YEAR IV

Period of Performance:

March 1, 2022 – February 28, 2023

Section C - Description/Specification/Work Statement

Title: Ventilators and Aspirators Preventive Maintenance

C.1. Background and Need

The Division Strategic National Stockpile (DSNS), of the Centers for Disease Control and Prevention (CDC), is seeking the service of contractor for the preventive service maintenance, shelf life rotation, receipts, shipments and storage of the Puritan-Bennett LP10 Ventilators, Impact 754 Portable Ventilator Systems, and the Impact 321 Series GR Ultra-Lite Aspirators. The preventive maintenance will be in support of emergency readiness for DSNS.

• Puritan-Bennett LP10 – 2,000 Kitted Ventilators

• Impact 754 – 2,486 Kitted Ventilators

• Impact 321 Series GR Ultra-Lite Aspirator – 1,000 Aspirators

C.2. Scope of Work:

The Contractor shall be responsible to provide all capabilities, (such as but not limited to: expertise, labor, material, equipment, and a properly licensed and secure facility) and meet all Federal, State, local, Food and Drug Administration (FDA) and cGMP requirements to perform the services involved under this scope of work which shall include but are not limited to the requirements set forth in this document.

The contractor shall monitor, maintain and replace as needed, all ventilator and aspirator kit components, and ancillary supplies. The contractor shall be responsible for forecasting, budget and funding procurement, and storage of all ancillary products required to support the preventative maintenance process, Kits Shelf life and ancillary supplies. All products, when rotated to the contractor, shall always have at least 6 months or greater shelf life to include the rotation process.

Ventilators are stored in SATCO Shipping containers for rotation and deployment. The Government, in coordination with the contractor will transport ventilators quarterly for preventive maintenance by the contractor/s.

• The Puritan Bennett LP10 ventilators (2,000 ventilators) are placed in 201 SATCO shipping containers with ten (10) ventilators per SATCO. The deployment and storage configuration is 201 SATCO containers split into Three (3) groups of 67 SATCO containers per group. One (1) group will need to be stored and maintained at the contractor’s facility and the other two (2) groups will be distributed evenly in Two (2) DSNS facilities (67 SATCO’s per facility). One group will rotate to the contractor quarterly.

• The Impact 754 Ventilators (2,486 ventilators) are placed in 90 SATCO shipping containers with 28 ventilators per SATCO. The deployment and storage configuration grouping is 90 SATCO containers split into 3 groups of 30 SATCO containers per group. One (1) group will need to be stored and maintained at the contractor’s facility and the other two (2)) groups will be distributed evenly in two (2) DSNS facilities. One (1) group will rotate to the contractor quarterly.

The aspirators are stored in manufacturers shipping boxes on wooden standard wood pallets and will not be broken down into a multi-facility rotation plan.

• The Impact 321 Series Ultra-Lite Aspirators (1,000 Aspirators) will only be stored at the contractor’s facility for preventive maintenance and kept ready to deploy as needed by the Government.

The Contractor shall provide quality control support, keep inventory, and rotate/maintain the ventilators and aspirators and SATCO containers at the contractor’s facility. All ventilators, aspirators and SATCO containers are considered Government Furnished Property. Written confirmation shall be provided to the Government by the Contractor within 24 hours, once the total quantity of the ventilators, aspirators and SATCO containers is received and maintained. The Contractor shall store ventilators, aspirators and SATCO containers in a secured and proper temperature controlled area and properly manage the inventory of same; and rotate stock with contractor’s commercial stock to maintain the ventilators, aspirators and SATCO containers within the minimum and maximum shelf-life expectancy. The Contractor’s facility shall meet all federal, state and local government requirements to include Current Good Manufacturing Practice (cGMP) requirements.

As units are deemed unserviceable, the contractor shall provide a report to the COR identifying the unit name, model number, and serial number for the equipment no longer serviceable. The Government will provide disposition instructions to transport unserviceable units to another DSNS site or have the contractor dispose of the units in compliance with local, state, and federal regulatory requirements. The contractor shall provide a certificate of destruction listing the item, model number, serial number, and quantity.

If and when Government requires deployment of the Government-owned property, the Contractor shall load the Government-owned property onto trailers arranged for by the Government. Shipping reports shall be provided to the DSNS representative prior to shipment and shall include: Truck number, location shipping too, container number, vents (Serial numbers), Lot numbers and any additional supplies.

The Government will be responsible for all transportation costs.

C.4. Technical Requirements:

Task 1. Kickoff Meeting - A kickoff meeting shall be held no later than 7 work days after the initial award is made to discuss plans and timelines as well as clarify roles and responsibilities, to be held at CDC offices in Atlanta, GA. The contractor shall take written/typed notes of the meeting and provide electronic copies to all individuals present within 5 business days of the meeting.

Task 2. Upon 48-hours’ notification, the Contractor shall provide to the Government entry to its storage facilities for routine inspections during normal working hours, or at such time as has been agreed to at the time of notification. The Contractor shall waive its 48-hour notification requirement if the equipment is to be deployed and provide to the Government, 24 hours/seven days a week entry to its storage facilities within 3-hours of such notification. The Contractor shall arrange for the proper authorization and/or badges to facilitate access for the Government representative(s).

Task 3. The Contractor shall provide the names, titles, and telephone numbers (non-emergency and emergency) of its representatives (primary and alternate), who should be contacted for visits, inventory status, and access to and/or deployment or a simulated deployment of the Government-owned property, during normal and after hours, 30 days after contract award to the Contracting Officer’s Representative (COR). The Contractor shall notify by telephone and provide the COR in writing any updates or changes to list within 24 hours of updates or changes. For deployments of Government owned property, the contractor shall prepare for shipping and load into transportation vehicles.

Task 4. The Contractor shall be responsible to accept multiple shipments of Government-owned Kitted Portable Ventilator Systems (Total of 4,486 ventilator kits) and Kitted portable aspirators (1,000 aspirator kits) in accordance with the performance specifications.

Task 5. The Contractor shall store, inventory, quality control, and rotate/maintain the government-owned property at the contractor's facility. Written confirmation shall be provided to the Government by the Contractor once the total quantity of the government-owned property is received and maintained.

Task 6. The Contractor shall report units deemed unserviceable. Upon government approval, the contractor shall provide a certificate/report identifying the units name, model number, and serial number for the equipment no longer serviceable and being disposed of.

Task 7. The Contractor shall be prepared for announced/scheduled and unannounced visits to each facility by Government personnel for the purpose of inspection and review of the inventory.

Task 8. The Contractor shall assist DSNS with an Annual 100% physical inventory of all DSNS product stored at the Contractor’s facility. Inventory accuracy must be 98% or better.

Task 9. The Contractor shall be on call 24 hours/seven days a week in the event of a deployment.

If a deployment is required, Contractor personnel shall arrive at the facility within 90 minutes of the Government response call. When the Contractor arrives at the facility, the Government will give deployment instructions, the contractor shall load the trucks with the ventilators and aspirators within 2 hours after deployment instructions. For planning purposes, the contractor shall estimate 1 unannounced Vent deployment exercise annually. DSNS will be responsible for providing transportation asset during a deployment or exercise.

Task 10. The Contractor shall design, establish and document policies and procedures detailing each step of their services and storage process and submit them to the COR for review. These policies and procedures shall conform and be applicable to the governing Current Good Manufacturing Practices (cGMP). The policies and procedures including any and all changes shall be available to the Government upon its request. Any and all policies and procedures that affect DSNS government property are subject to inspection by DSNS.

NOTE: After deployment of the product, the Government will work with the Contractor to receive back and PM the vents in order to make them whole to continue to support the DSNS mission.

C.5. Reporting Schedule

(a) The contractor shall provide shipping reports to the COR and the DSNS representative at the time of the shipment leaving the contractor’s facility and include: Truck number, location shipping to, Container number, Vents (Serial numbers), product replacement description, lot numbers and any additional supplies in spreadsheet format. Wherever possible, "real time” on-line electronic data interchange (EDI) data that captures all transactions pertaining to the Government-owned property will be provided.

(b) The Contractor shall maintain inventory records on all the Government-owned property and provide a monthly inventory report/status report, when inventory is distributed in any way.

These reports shall also include notation of any adjustments/transactions made by the proper rotation and/or replacement of product due to damage, loss or theft. The reports shall be sent electronically to the Contracting Officer and the COR. Reports are due 15 days after the end month. At a minimum, this report shall contain the following:

Kitted Material Information:

(1) Manufacturer and Model Number / Part Number

(2) SKU Description

(3) Quantity on backorder

(4) Unit of Measure

(5) Unit Cost

(6) Requirement Level (or stock level)

(7) Quantity on hand

(8) Warehouse location/multiple warehouse/storage points

(9) Lot number

(10) Expiration date

(11) Condition Code (used to account for product recall, materiel complaints, etc.)

(12) Note Codes (materiel subject to damage by freezing, hazardous material, flammable, etc.)

(13) Total quantity in house and stored at DSNS facility and deployed.

(14) Estimated release/manufacturing date for items backordered

Transactions:

(1) Receipts/partial and complete

(2) Report of item discrepancies

(3) Inventory transfers and value of inventory in transit

(4) Inventory count sheets (for physical inventories)

(5) Inventory valuation (and method such as latest acquisition cost)

(6) Deployment capacity (calculates number of units that can be rotated based on historical demand and SKU Shelf-Life/Expiration Date)

(7) Transportation time for the inventory transfers

Actions (products):

Model and Serial Number Date of last operational check and battery recharge Date due for next operational check and battery charge Date due for next calibration check

Actions (Consumables):

Consumables Part numbers Consumables Lot Numbers Shelf-Life/Expiration Date (where applicable)

C.6. Deliverables

Task/Deliverable Format/Quantity Deliver To Delivery date

Task 1/Kickoff meeting notes Electronic Word Document COR 5 days after meeting

Contractor primary and alternate contact information E-mail COR 30 Days after contract award

Reporting Schedule (a) Shipping Reports

E-mail with shipping documents and Excel

Inventory File COR At time of shipment

Reporting Schedule (b) Inventory Records

Electronic Word Document COR 15th of each month

Provide Certificate of Destruction

Electronic Word Document COR Within 5 days of disposal Provide inventory changes and receipt data E-mail COR Within 48 hours of changes or receipt

Changes to contractor primary and alternate contact information

E-mail COR Within 24 hours of change

C.7. Work Breakdown Structure (WBS)

Provide Division of Strategic National Stockpile (DSNS) with services on the Portable Ventilator s and Aspirators

Vendor is responsible for providing preventative maintenance, shelf life management and storage of the product(s) and quantities cited for 24 hours and day, 7 days a week (24/7).

Upon any necessary release/deployment of the ventilator the contractor shall then be required to re-establish the required inventory levels for the ancillaries of this Contract per the replenishment schedule

If any or all of the ventilator under this Contract are released at the request of the government in support of a national emergency, the government will issue a release in accordance with (IAW) this and the product will be returned to the vendor for services.

Section D - Packaging And Marking

Packaging shall be consistent with the details outlined in the Statement of Work.

Section E - Inspection And Acceptance

Please see Section I for the clauses regarding Inspection and Acceptance

Section F - Deliveries Or Performance F.1. Period of Performance: The period of performance for this contract shall be one 12-month base period and four 12-month option periods, from the effective date of the contract

F.2. Place(s) of Performance

The contractor shall perform all work under this contract at: The Contractor’s Facility.

Section G - Contract Administration Data Section G - Contract Administration G.1. Contracting Officer Representative (COR)

Performance of the work hereunder shall be subject to the technical directions of the designated COR for this contract.

As used herein, technical directions are directions to the Contractor which fill in details, suggests possible lines of inquiry, or otherwise completes the general scope of work set forth herein. These technical directions must be within the general scope of work, and may not alter the scope of work or cause changes of such a nature as to justify an adjustment in the stated contract price/cost, or any stated limitation thereof. In the event that the Contractor feels that full implementation of any of these directions may exceed the scope of the contract, he or she shall notify the originator of the technical direction and the Contracting Officer in a letter separate of any required report(s) within two (2) weeks of the date of receipt of the technical direction and no action shall be taken pursuant to the direction. If the Contractor fails to provide the required notification within the said two (2) week period that any technical direction exceeds the scope of the contract, then it shall be deemed for purposes of this contract that the technical direction was within the scope. No technical direction, nor its fulfillment, shall alter or abrogate the rights and obligations fixed in this contract.

The Government COR is not authorized to change any of the terms and conditions of this contract.

Changes shall be made only by the Contracting Officer by properly written modification(s) to the contract.

The Government will provide the Contractor with a copy of the delegation memorandum for the COR.

Any changes in COR delegation will be made by the Contracting Officer in writing with a copy being furnished to the Contractor.

G.2 Contracting Officer

(a) The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds. No person other than the Contracting Officer can make any changes to the terms, conditions, general provisions, or other stipulations of this contract.

(b) No information, other than that which may be contained in an authorized modification to this contract, duly issued by the Contracting Officer, which may be received from any person employed by the United States Government, or otherwise, shall be considered grounds for deviation from any stipulation of this contract.

G.3. Please see FAR Clause 52.212-5 for additional Contract Administration Clauses for Commercial Items

Section H - Special Contract Requirements

H.1. Contractor Performance Assessment Reporting System (CPARS) Requirements (April 2013)

In accordance with FAR 42.15, the Centers for Disease Control and Prevention (CDC) will review and evaluate contract performance. FAR 42.1502 and 42.1503 requires agencies to prepare evaluations of contractor performance and submit them to the Past Performance Information Retrieval System (PPIRS).

The CDC utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to prepare and report these contractor performance evaluations. All information contained in these assessments may be used by the Government, within the limitations of FAR 42.15, for future source selections in accordance with FAR 15.304 where past performance is an evaluation factor.

The CPARS system requires a contractor representative to be assigned so that the contractor has appropriate input into the performance evaluation process. The CPARS contractor representative will be given access to CPARS and will be given the opportunity to concur or not-concur with performance evaluations before the evaluations are complete. The CPARS contractor representative will also have the opportunity to add comments to performance evaluations.

The assessment is not subject to the Disputes clause of the contract, nor is it subject to appeal beyond the review and comment procedures described in the guides on the CPARS website. Refer to:

www.cpars.gov for details and additional information related to CPARS, CPARS user access, how contract performance assessments are conducted, and how Contractors participate. Access and training for all persons responsible for the preparation and review of performance assessments is also available at the CPARS website.

The contractor must provide the CDC contracting office with the name, e-mail address, and phone number of their designated CPARS representative who will be responsible for logging into CPARS and reviewing and commenting on performance evaluations. The contractor must maintain a current representative to serve as the contractor representative in CPARS. It is the contractor’s responsibility to notify the CDC contracting office, in writing (letter or email), when their CPARS representative information needs to be changed or updated. Failure to maintain current CPARS contractor representative information will result in the loss of an opportunity to review and comment on performance evaluations.

Provide the current CPARS representative information below.

PRINT OR TYPE NAME

EMAIL ADDRESS AND PHONE NUMBER

H.2. Evaluation of Contractor Performance Utilizing CPARS (April 2013)

In accordance with FAR 42.15, the Centers for Disease Control and Prevention (CDC) will review and evaluate contract performance. FAR 42.1502 and 42.1503 requires agencies to prepare evaluations of contractor performance and submit them to the Past Performance Information Retrieval System (PPIRS).

The CDC utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to prepare and report these contractor performance evaluations. All information contained in these assessments may be used by the Government, within the limitations of FAR 42.15, for future source selections in accordance with FAR 15.304 where past performance is an evaluation factor.

http://www.cpars.gov/

The CPARS system requires a contractor representative to be assigned so that the contractor has appropriate input into the performance evaluation process. The CPARS contractor representative will be given access to CPARS and will be given the opportunity to concur or not-concur with performance evaluations before the evaluations are complete. The CPARS contractor representative will also have the opportunity to add comments to performance evaluations.

The assessment is not subject to the Disputes clause of the contract, nor is it subject to appeal beyond the review and comment procedures described in the guides on the CPARS website. Refer to:

www.cpars.gov for details and additional information related to CPARS, CPARS user access, how contract performance assessments are conducted, and how Contractors participate. Access and training for all persons responsible for the preparation and review of performance assessments is also available at the CPARS website.

The contractor must provide the CDC contracting office with the name, e-mail address, and phone number of their designated CPARS representative who will be responsible for logging into CPARS and reviewing and commenting on performance evaluations. The contractor must maintain a current representative to serve as the contractor representative in CPARS. It is the contractor’s responsibility to notify the CDC contracting office, in writing (letter or email), when their CPARS representative information needs to be changed or updated. Failure to maintain current CPARS contractor representative information will result in the loss of an opportunity to review and comment on performance evaluations.

http://www.cpars.gov/

Section I - Contract Clauses Section I-2 - Clauses Incorporated In by Reference

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):

https://www.acquisition.gov/

FAR 52.212-4 Contract Terms and Conditions—Commercial Items. (Jan 2017) FAR 52.245-1 Government Property. (Apr 2012) HHSAR 352.203-70 Anti-Lobbying (2015)

Section I-2 - Clauses Incorporated In Full Text FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items. (Jan 2018)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

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

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

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

[Contracting Officer check as appropriate.]

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

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

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (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 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

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

https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1158787 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1146366 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113329 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113344 http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137622 http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1141983 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1144881 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1141649 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1151163

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (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 (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—Subcon-tracting 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 Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

_x_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

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

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

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

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

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

_x_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_x_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

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

_x_ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (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.

_x_ (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)(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.

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__ (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 (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

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

__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

_x_ (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)).

_x_ (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).

_x_ (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).

_x_ (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).

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