CLAUSES.docx

SUPPLEMENTAL TERMS, CONDITIONS, AND CLAUSES

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

52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (OCT 2018)

1052.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (DEVIATION 2017-00001) (JULY 2017)

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

1052.201-70 CONTRACTING OFFICER’S REPRESENTATIVE (COR) APPOINTMENT AND AUTHORITY (APR 2015)

(a) The COR(s) are named on the award form. Should a change to the COR(s) be necessary in the future, they will be named on the modification SF-30.

(d) Technical direction may be oral or in writing. The COR must confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.

(e) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the contractor, any direction of the COR or the designated representative falls within the limitations of (c) above, the contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.

(f) 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.”

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

1052.210-70 CONTRACTOR PUBLICITY (APR 2015)

The Contractor, or any entity or representative acting on behalf of the Contractor, shall not refer to the supplies or services furnished pursuant to the provisions of this contract in any news release or commercial advertising, or in connection with any news release or commercial advertising, without first obtaining explicit written consent to do so from the Contracting Officer. Should any reference to such supplies or services appear in any news release or commercial advertising issued by or on behalf of the Contractor without the required consent, the Government shall consider institution of all remedies available under applicable law, including 31 U.S.C. 333, and this contract. Further, any violation of this clause may be considered during the evaluation of past performance.

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.

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

(a) The Government may extend the term of this contract by written notice to the Contractor within the final 30 days of each contract period; 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 60 months.

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

LAPSE FUNDING

In the event of a lapse funding resulting in a government shutdown, the status of Fiscal Year funding and any necessary action required of the Contractor will be made available at the following website: https://www.fiscal.treasury.gov/doing-business-with-fiscal-service/ . It is the Contractor's responsibility to monitor this website for information regarding Fiscal Year funding.

1052.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. (DEVIATION 00002)(April 2018)

(a) Definition. As used in this clause-

"Commercial supplier agreements" means terms and conditions customarily offered to the public by vendors of supplies or services that meet the definition of commercial item set forth in FAR 2.101 and intended to create a binding legal obligation on the end user. Commercial supplier agreements (CSA) are particularly common in information technology acquisitions, including acquisitions of commercial computer software and commercial technical data, but they may apply to any supply or service. The term applies-

(b) Except as stated in paragraph (c) of this clause, when any supply or service acquired under this contract is subject to any CSA, that includes any language, provision, or clause requiring the Government to pay any future fees, penalties, interest, legal costs or to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(c) Paragraph (b) of this clause does not apply to indemnification or any other payment by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

1052.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (APR 2015)

(a) Definitions. As used in this clause—

(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), "Content of Invoices" and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with Treasury procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer’s written authorization with each payment request.

PAYMENT AND INVOICE QUESTIONS (IPP)

For payment and invoice questions, go to https://arc.fiscal.treasury.gov/ipp/fsippqrg.htm or contact Accounts Payable at (304) 480-8000 option 7 or via email at AccountsPayable@fiscal.treasury.gov.

PAYMENT AND INVOICE QUESTIONS (FOREIGN BANK ACCOUNT)

For Payment and Invoice questions, contact Accounting Services Division, Pensions, Grants and Loans branch at 304-480-8300 or via email at ForeignMisc@fiscal.treasury.gov. Invoices shall be submitted via email to ForeignMisc@fiscal.treasury.gov.

OVERPAYMENTS

In accordance with 52.212-4 section (i) 5 Overpayments: Accounts Receivable Conversion of Check Payments to electronic funds transfer (EFT): If the Contractor sends the Government a check to remedy duplicate contract financing or an overpayment by the government, it will be converted into an EFT. This means the Government will copy the check and use the account information on it to electronically debit the Contractor's account for the amount of the check. The debit from the Contractor's account will usually occur within 24 hours and will be shown on the regular account statement.

The Contractor will not receive the original check back. The Government shall destroy the Contractor's original check, but will keep a copy of it. If the EFT cannot be processed for technical reasons, the Contractor authorizes the Government to process the copy in place of the original check.

MARKING OF SHIPMENTS

The Contractor shall ensure the contract number is clearly visible on all shipping/service documents, containers, and invoices.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (MAY 2019) ((Deviation 2017-00001) (JULY 2017))

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

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

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(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:

_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).

__ (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) 52.203-17, Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (April 2014) (41 U.S.C. 4712) relating to whistleblower protections).

_x_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_x_ (9) 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).

__ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (11) [Reserved].

__ (12)(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.

__ (13)(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.

__ (14) [Reserved] x__ (15)(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).

__ (16)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

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

x__ (17) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (18)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (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 (Aug 2018) of 52.219-9.

x__ (19) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

x__ (20) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

__ (21) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

_x_ (23) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (24) 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)).

__ (25) 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__ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_x_ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

_x_ (28) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

x__ (29) i 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(ii) Alternate I (FEB 1999) of 52.222-26.

_x_ (30)(i) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

(ii) Alternate I (JULY 2014) of 52.222-35.

_x_ (31)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).

(ii) Alternate I (JULY 2014) of 52.222-36.

_x_ (32) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

x__ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_x_ (34)(i) 52.222-50, Combating Trafficking in Persons (Z8 x__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

x__ (35) 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.)

__ (36)(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.)

__ (37) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

__ (38) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (39)(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.

__ (40)(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.

__ (41) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (42)(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__ (43) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

__ (44) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (45) 52.223-21, Foams (JUN 2016) (E.O. 13693).

__ (46)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

__ (47) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (48)(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.

__ (49) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (50) 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).

__ (51) 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).

__ (52) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (53) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (55) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (56) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

__ (57) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (58) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (59) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (60) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

__ (61)(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.

__ (iii) Alternate II (FEB 2006) 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:

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

__ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (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) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_x_ (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).

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

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

(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.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

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

(iii) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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.

(v) 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.

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

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

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

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

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

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O 13627).

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

(xiv) 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).

(xv) 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).

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

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

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

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

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

(xx) 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).

(xxi) 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.

(xxii) 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.

CONTRACT DOCUMENTS, EXHIBITS, AND ATTACHMENTS

Performance Work Statement For Armed Forces Retirement Home (AFRH) Bio-Medical Waste Removal

1.0 INTRODUCTION

The Department of the Treasury, Bureau of the Fiscal Service (FS), awards and administers a variety of service contracts on behalf of the Armed Forces Retirement Home in Washington, DC (AFRH-W). The contracts are used to support customer agency requirements in the delivery of high quality, responsive and effective services to the residents of the AFRH. The contracts that provide medical services to both inpatient, Independent Living AFRH and Assisted Living residents must abide by the Joint Commission (JC) standards and AFRH policies, operational instructions and directives.

1.1 BACKGROUND

The United States Congress established the Armed Forces Retirement Home (AFRH) as a separate federal agency in 1991 when it enacted the Defense Authorization Act, Public Law 101-510. AFRH is the only Federal Agency that does not receive tax payer funds for every day operation. The Agency’s source of income flows from the enlisted men and women of the Armed Forces of the United States through a small payroll deduction and forfeitures. In addition to the contributions from enlisted personnel, AFRH enjoys donations from generous individuals and the interest income from a trust fund started in 1851 for the Forefather to AFRH, the United States Soldiers Home. While the total number of residents varies from month-to-month, AFRH provides a home for approximately 600 enlisted personnel in their retirement years at both the Gulfport and Washington campuses for a total of about 1200 residents. The AFRH, also known as the “Home”, provides retired veterans with the common daily living needs such as: private rooms, bank, chapel, convenience store, mail room, laundry facilities, barber/beauty shop, dining facility, and a 24-hour security and staff presence. In addition to these common needs, AFRH offers social, recreational, and occupational activities for many interests. While residents live in this community, AFRH provides for their overall health care needs in a high quality manner; including on site primary care, medical care, and a continuum of long-term care services as residents change and transition from independent living. Our residents found it to be an honor to serve our country. AFRH finds it to be an honor to serve them now.

1.2 SCOPE

The contractor shall provide all personnel, equipment, tools, materials, supervision, and other items and services necessary for the pickup, transportation, and disposal of all Biomedical Waste generated from the Armed Forces Retirement Home in Gulfport, MS. In accordance with this contract and all regulatory requirements.

The term “Biomedical Waste” as well as medical/infectious waste means any waste generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals. Biomedical waste is defined by the United States Environmental Protection Agency (USEPA) as infectious waste in its Guide for Infectious Waste Management # EPA/530-SW-86-014, or defined by the USEPA as medical waste in 40CFR 259.30 and any other wastes identified as infectious waste in any other applicable federal, state, county or municipal laws, regulations and guidelines. Biomedical waste at AFRH consist of five classes with these specifications included in three classes:

1. Cultures and stocks of infectious agents and associated biologicals, Cultures from medical and pathological laboratories; discarded live and attenuated vaccines; and culture dishes and devices used to transfer, inoculate, and mix cultures.

2. Human blood and blood products including:

a) Liquid waste human blood;

b) Products of blood;

c) Items saturated and/or dripping with human blood; or

d) Items that were saturated and/or dripping with human blood that are now caked with dried human blood; including serum, plasma, and other blood components, and their containers, which were used or intended for use in either patient care, testing and laboratory analysis or the development of pharmaceuticals. Intravenous bags are also included in this category.

3. Sharps that have been used in animal or human patient care or treatment or in medical, research, or industrial laboratories, including hypodermic needles, syringes (with or without the attached needle), Pasteur pipettes, scalpel blades, blood vials, needles with attached tubing, and culture dishes (regardless of presence of infectious agents). Also included are other types of broken or unbroken glassware that were in contact with infectious agents, such as used slides and cover slips.

4. Isolation wastes including biological waste and discarded materials contaminated with blood, excretions, exudates, or secretions from humans who are isolated to protect others from certain highly communicable diseases, or isolated animals known to be infected with highly communicable diseases.

5. Unused sharps including the following unused, discarded sharps: hypodermic needles, suture needles, syringes, and scalpel blades.

1.3 COMPLIANCE WITH STATE AND FEDERAL STANDARDS:

All work must be accomplished in accordance with applicable Federal, State and Local Regulations, including but not limited to, the Department of Transportation (DOT), Office of Safety and Health Administration (OSHA), OSHA 29 CFR 1910.1030 and the United States Environmental Protection Agency (USEPA); (i.e.: 40 CFR Parts 260-280, 49 CFR, 29 CFR).

COMPLIANCE WITH ESTABLISHED REGULATORY REQUIREMENTS: The Contractor shall be subject to quality assurance standards that must meet or exceed current recognized national standards as established by the Joint Commission. The Contractor shall perform services in accordance with principles and ethics established by JC, Occupational Safety and Health Administration (OSHA) regulations, and the policies, procedures, and regulations of any other regulation required for off-site disposal of regulated medical waste.

The Contractor shall also be responsible for full compliance with the Health Insurance Portability and Accountability Act (HIPAA) of 1996, (42 CFR Parts 160 and 164), Also see HIPPA on page 9. (www.cms.gov). The Contractor shall handle all regulated medical waste in such a manner that guards the privacy of the patients of the AFRH and guarantees all containers are locked to prevent spillage of contents and shall not be opened until destruction. The Contractor shall confirm that all employees have been trained and certified in the protection of privacy of any information-contained on/in the items submitted for destruction under the terms and conditions of the resulting contract.

No regulated medical waste treated or untreated, resulting from this contract may leave the United States in any form or fashion. The Contractor is liable for any and all expenses related to non-compliance issues.

1.4 DOCUMENTATION: The Contractor shall observe all Federal, State, and local laws, or any other regulations and procedures relative to the collection, transport, handling, storage, destruction, disposal, tracking, recordkeeping, manifesting, and documenting of the handling of regulated medical waste when providing regulated medical waste removal services, and shall provide written certification, acceptable to the stated regulations of such compliance.

The Contractor shall provide all required manifest documentation to AFRH, by sending them to the attention of the assigned COR. The Contractor shall fill out all portions of such documents, which apply to the activities of the Contractor and of any subcontractors under the contract. The Contractor shall document, with proper manifests, the safe shipment and proper destruction of any regulated medical waste collected. The COR or alternate shall sign any official manifest prior to removal of waste to verify that waste was shipped for disposal. No manifest shall be accepted as valid if not signed by the COR or alternate.

The Contractor shall return a copy of the certificate of destruction directly to the COR within fifteen calendar days of shipment of regulated medical waste for disposal. The certificate of destruction shall clearly indicate that all manifested, regulated medical waste was destroyed, and shall specify the site of destruction, the identity of the operation utilized for destruction, and USEPA and State permit numbers and the disposition site of the residue. The Contractor shall certify that residuals are disposed of in accordance with Federal and State laws, regulations and procedures.

2.0 DELIVERABLES

PLACE OF PERFORMANCE

The Contractor will pick-up every each week (designated weekday as determined at time of award), between the hours of 7:00 a.m. and 4:00 p.m. at the Armed Forces Retirement Home 1800 Beach Dr Gulfport MS 39507

1. The contractor is not required to provide services on any federal holiday. The federal holidays are:

Holidays that fall on Saturday are observed on the previous Friday. Holidays that fall on Sunday are observed on the following Monday.

When an unforeseen Government facility closure occurs on a scheduled day of work, the Contractor shall not be required to perform any services on the day of the closure and shall receive no payment (unless the COR designates these services are essential during the time of facility closure).

In the event of a partial day unforeseen Government facility closure, the Government will notify the Contractor within one hour after notification of the facility closure is received. Payment of a partial day closure will be made for the actual time worked.

Contractor shall provide out-of-cycle emergency collection services, as required, to meet unforeseen medical contingencies, disasters, or building expansions.

PERIOD OF PERFORMANCE

This is a performance based, firm-fixed-price contract that consists of a base period and four (4) option periods of 12 months each, as listed below:

2.1 COLLECTION CONTAINERS

The contractor shall be responsible for pickup and providing containers and biohazard bags in the following nine designated locations:

Containers shall be clean/disinfected, rigid, puncture resistant, leak-proof, moisture impervious, strong enough to prevent tearing or bursting under normal conditions of use and handling, sealable, and Department of Transportation (DOT) approved biohazard waste containers at time of each pick-up. Each container will also be marked with the biohazard symbol in accordance with OSHA regulations in 29 CFR 1910.1030. The transport container (truck) shall be state licensed; as well as, marked and placarded in accordance with federal and state regulations for transportation.

2.2 CONTINGENCY PLAN: The Contractor shall have in place and maintain a valid contingency plan to meet the requirements of the contract whenever regulated medical waste cannot be handled by or at the primary transportation or processing facilities due to interruption of service or failure of equipment. The Contractor shall incur all costs associated with fulfilling this contingency plan as well as alternate contingency plans at no additional expense to the Government. Written documentation shall be made available to the Government that the contingency plan is in accordance with all Federal, State, Municipal and local specifications and regulations for the transportation, storage and disposal of regulated medical waste.

2.3 DESTRUCTION FACILITIES: All proposed facilities to be used by the contractor or any of its subcontractors to store, transport, transfer, and destroy regulated medical waste shall be identified by name and location and submitted to the Contracting Officer and COR. The documentation shall be submitted with the price proposal.

2.4 LICENSES AND PERMITS: The Contractor, without additional cost to the Government, shall provide and maintain all Licenses, Permits, Vehicles, Operators, and Labor to remove regulated medical waste from the AFRH in accordance with these requirements, all applicable specifications, and all applicable Federal, State, Municipal, and local regulations. Copies of all current licenses and permits shall be submitted with the price proposal. Failure to submit current licenses and permits could result in rejection of proposal.

3.0 SAFETY

3.1 Safety Requirements: Contractor personnel and equipment shall comply with all applicable state, federal and local regulations. The contractor agrees that his personnel and equipment are subject to safety inspections by Government personnel while on Federal property. The Contractor shall ensure that all personnel involved in the handling, repackaging, and transportation of the items listed herein shall be trained in, hazardous spills procedures.

Spills, damage to containers, or environmental contamination or damage caused by regulated medical waste collected shall be cleaned, repaired or corrected at the expense of the contractor.

4.0 PERSONNEL

4.1 Personnel - All Contractor personnel must be able to obtain the proper clearance required to receive a Campus pass. In addition, Contractor personnel shall present a neat appearance and be easily recognizable while on the AFRH Campus. This shall be accomplished through the wear of distinctive clothing, overcoats, or hats, bearing the company name or logo. The coloring or design of the items selected should be such that identifies personnel easily and quickly for reasons of safety and personal protection. The Government is authorized to restrict the employment under the contract of any Contractor employee or prospective Contractor employee, who is identified as a potential threat to the health, safety, security, general well being, or operational mission of the campus and its population

4.2 IDENTIFICATION BADGES

The Government will issue identification badges at no cost to the Contractor at the entrance gate to AFRH. Contractor employees shall wear the Government issued identification badge over the front of the outer garment. When a contractor employee leaves the AFRH Campus, the employee’s identification badge shall be returned to the Security personnel at the time of departure.

4.3 Traffic Laws - The Contractor and its employees shall comply with campus traffic regulations. Anyone driving a motor vehicle on the AFRH campus cannot use a cell phone unless the vehicle is safely parked or the driver is using a hands-free device. The enforcement of this policy impacts ALL contractors who conduct business on the AFRH campus

5.0 REGULATIONS

CONTRACTING OFFICER AUTHORITY

In no event shall any understanding or agreement between the Contractor and any Government employee other than the Contracting Officer on any contract modifications, change orders, letter or verbal direction to the Contractor be effective or binding upon the Government. All such actions must be formalized by the proper contractual document executed by the appointed Contracting Officer. The Contractor is hereby put on notice in the event a Government employee other than the Contracting Officer directs a change in the work to be performed or increases the scope of work to be performed, it is the Contractor’s responsibility to make inquiry of the Contracting Officer before making the deviation. Payments will not be made without being authorized by the appointed Contracting Officer with the legal authority to bind the Government.

Performance Evaluation Meeting The Contracting Officer (CO) or Contracting Officer’s Technical Representative (COR) will schedule meetings as part of this contract to ensure satisfactory performance. The CO, COR or the contractor may request additional meetings be scheduled if needed. The meetings are designed to review the planned versus actual performance of this contract. These meetings may be on site or via telephone conferencing as mutually agreed-to by the Government and the contractor.

GOVERNMENT REMEDIES

The Contracting Officer shall follow FAR 52.212-4, Contract Terms and Conditions-Commercial Items (May 1997), for Contractor’s failure to perform satisfactory services or failure to correct non-conforming services.

Key Personnel Replacement:

The contractor shall notify the CO and COR, at least ten (10) working days prior to making a change to any key management personnel.

The CO may require replacement and dismissal from the work site of contract employees who continued employment under the contract would be contrary to the public interest or inconsistent with the best interests of national security, as permitted by law or regulation.

The contractor shall ensure that contractor employees and subcontractors maintain open and professional communication with members of the AFRH-G. Complaints validated by the COR shall be reported in writing to the CO and the contractor for action. Failure of the contractor to correct validated complaints by the AFRH-G staff and the COR shall be considered a failure to perform.

Government Furnished Property or Equipment: None Government Furnished Facilities: None Government Furnished Information: None Phase-In/Phase-Out Plan The Contractor shall develop and implement a Phase-Out Plan within 30 calendar days after award of the final option of the contract or notification by the CO. The purpose of this plan is to ensure a smooth and orderly transfer of performance responsibility to a possible successor. The Contractor shall recognize that services under this contract must continue without interruption and that upon contract expiration, a successor, either the Government or another Contractor, may continue services. The Contractor agrees to exercise its best effort and cooperate -effectively in an orderly and efficient transition to any successor Contractor (see FAR 52.237-3).

The Phase-out Plan shall contain details that include, but are not limited to, time lines for events, key personnel involved, and required occurrences of interface with the Government and follow-on Contractor. The Contractor shall submit the Phase-out Plan to the CO and COR. The plan shall fully describe how the Contractor shall approach the following issues: employee notification; retention of key personnel; turnover of work-in-progress, inventories, and records; removal of Contractor property; data and information transfer; and all other actions required to ensure continuity of operations

During the 30-calendar day period immediately prior to the expiration or termination of this contract, the Contractor shall permit the successor Contractor (and the successor Contractor's employees) to observe and become familiar with any and all operations specified in this contract.

All Government records and data will remain the property of the AFRH-G after the contract expiration date and shall be turned over to the CO/COR no more than five calendar days after contract termination or completion.

Contractor Phase-In

The Contractor shall develop comprehensive procedures for phasing in work performance to the level prescribed. The Contractor shall submit a completed Phase-In Plan for evaluation and approval by the Government as part of the Written Technical Proposal. If the Phase-In plan needs to be revised during negotiations, the Contractor shall prepare a revised Phase-In Plan, which will be incorporated into the contract and shall be adhered to once transition period begins. The period between award and contract start date will constitute the phase-in period (approximately three weeks). During the transition period, the Contractor shall prepare to assume full responsibility for all areas or operation in accordance with the terms and conditions of the PWS. The Contractor shall take all actions necessary for a smooth phase-in of then contracted operations. The Government will make all facilities accessible to the Contractor during the transition period to allow for site familiarization and planning (security passes required). The Contractor’s management personnel will be permitted to observe predecessor contract operations as approved by the COR.

Quality Assurance Surveillance Plan (QASP)

Standard Maximum Allowable Degree of Deviation from Requirement

(AQL)

Method of Surveillance Incentive/Disincentive