285-25-RFQ-0028-2.pdf

1. This is a combined synopsis/solicitation for the acquisition of commercial products and commercial services 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.

2. The solicitation number is 285-25-RFQ-0028 the solicitation is issued as, request for quotation (RFQ).

3. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2024-07, dated 12 May 2025.

4. This combined synopsis/solicitation is 100% Sett-Aside for Indian Owned Small Business in accordance to HHSAR Subpart 326.6—Acquisitions under the Buy Indian Act. This solicitation and the associated NAICS code is 621511 Medical Laboratories, and the small business size standard is $41.5 Million Dollars.

5. Schedule

Offerors should complete the attached price list. Quantities are estimated, actual quantities purchased will depend on utilization. Offerors should include a Include a complete catalog of all available test as a separate document.

6. Description of Requirement

The Mid-Atlantic Service Unit and its two clinics, The Mid-Atlantic Tribal Health Center and the Monacan Health Center are in need of laboratory services for their CLIA waived labs.

The Contractor shall perform non-emergency laboratory testing procedures listed on the below schedule, and any other laboratory testing as required, when ordered by one of the listed facilities. Each facility shall have the prerogative to direct emergency testing (as defined by the clinician) to any laboratory of its choice for expedient results reporting.

The Contractor shall perform in-house, the majority (90% or more) of testing received from the Monacan and Mid-Atlantic Tribal Health Centers. They shall include with the bid and after the award of the contract the following:

a) A list/catalog of tests/procedures performed in the Contractor’s laboratory where specimens are sent, to include instructions for specimen requirements and handling.

b) A list/catalog of tests/procedures performed in another laboratory but with the Contractor’s laboratory network of regional and satellite laboratories, to include instructions for specimen requirements and handling and the name and address of the laboratory where sent.

c) A list/catalog of tests/procedures performed in another laboratory outside the Contractor laboratory’s network of regional and satellite laboratories, to include instructions for specimen requirements and handling and the name and address of the laboratory where sent.

d) A Contractor’s laboratory testing frequency with a turnaround time schedule listing the expected time interval from receipt of specimen to reporting of test results, which will be met ninety percent (90%) of the time.

There shall not be a separate charge for specimen handling/processing by the Contractor’s laboratory for those tests sent to a second laboratory, or be invoiced as “miscellaneous tests”.

Until such time that test requisitioning is electronic or in the event the electronic test requisitioning is inoperable, the Contractor shall provide at no additional cost, to each requesting laboratory, Contractor’s test requisition forms which shall:

a) Be pre-printed;

b) Include the name of the facility from which specimens are sent;

c) Include the address of the facility from which specimens are sent;

d) Include a unique identification number of the facility from which specimens are sent;

e) Be in duplicate or more, which will provide the requesting facility with a copy of the requisition; and

f) Be designed with a check-off system listing the commonly ordered tests on one page.

Please include a sample requisition(s) with the bid.

g) Electronic test requisitioning shall include items b, c, d, and f.

The following categories of laboratory testing services shall be required:

• Histocompatibility

• Bacteriology

• Mycobacteriology

• Mycology

• Parasitology

• Virology

• Syphilis serology

• General immunology

• Routine chemistry

• Urinalysis

• Endocrinology

• Toxicology

• Hematology

• Abo & RH group

• Antibody non-transfusion

• Antibody identification

• Histopathology

• Oral pathology

• Cytology

• Antibiogram Reports

The following psychiatry labs shall be required.

• Carbamazepine(Tegretol)

• CBC with DIFF

• Levetiracetam (Keppra)

• CMP

• Lithium

• Hemoglobin A1C w/eAG

• Oxcarbazepine

• Hepatic Function

• Valproic Acid (Depakote)

• Lipid Panel

• Thyroid Cascade

• Urinalysis, Complete rfx Culture

• Vitamin B12 Folate

• ToxAssure Flex 23 Urine

• Vitamin D 25OH

The Contractor shall provide cytology services for the screening and detection of malignant cells and abnormal conditions. All cytology supplies (including those for PAP Thin Prep preparations), reagents, specimen containers, requisition and reporting forms shall be provided at no additional costs.

The “Bethesda System” terminology based on patient age shall be used for reporting cervical/vaginal cytologic interpretation, final diagnosis and management plan. In addition, PAIHS facilities will order Image-Guided Pap with Age-Based screening protocols, which is based on the patient’s age and on ACOG Practice Guidelines for cervical cancer screening and sexually-transmitted infections.

The quality of the cytology service shall be assured through direct supervision by a Pathologist certified in anatomic pathology by the American Board of Pathology or the American Osteopathic Board of Pathology. Each Cytotechnologist or person examining liquid-based cytology/thin prep preparations must meet the requirements as specified in the Clinical Laboratory Improvement Amendments of 1988.

The Contractor shall telephone all Cytology reports to the facility from which the specimen was sent, immediately upon the Pathologist’s interpretation when immediate follow-up is recommended.

The Contractor shall provide, within the day of specimen receipt, urgently needed cytology reports on specimens collected in cases with a life-threatening clinical presentation. Special or urgent handling will be noted on the request form.

Results of cytology studies shall be returned to the ordering facility within seven (7) to ten (10) working days from date of receipt at the Contractor’s facility ninety percent (90%) of the time. In the absence of an electronic bi-directional interface, the report shall be typed in duplicate and the original shall be chart ready.

The Contractor shall maintain a permanent cytology register, which shall include patient name, patient identification number, patient date of birth, facility location, and results. A data retrieval system must be available so that the cytology report on a particular patient seen at a given facility on a specified date can be available within one (1) day using the five (5) identification criteria listed above.

The Contractor shall provide a list of all patients with dysplasia, who have had cytology services performed, with date of specimen, and results to the Clinical Director/Laboratory Supervisor, at least quarterly.

The Contractor shall provide by the 10th day of each month to each facilities designated individual, a list of all patients who have had cytology services performed the previous month, with date of specimen and results.

The Contractor shall provide tissue examinations as needed. All supplies, specimen containers, requisition and reporting forms shall be furnished at no additional cost.

Supplies/Materials to be provided by the Contractor

• Directory of available lab services

• Requirements for sample collection, preservation, handling and transport including

• Special handling requirements

• Methods and methodologies

• Criteria for sample rejection

• Limitations in test methods/tests/procedures

• Prior authorization requirements and instructions

• Test codes, corresponding CPT codes and LOINC terms.

• The contractor shall provide specialty items for collection such as Pap Smear collection supplies and blood collection supplies as needed by volume of requests.

• Centrifuge

The contractor shall pick-up specimens Monday through Friday at a time in the afternoon to be determined in collaboration with the sites and vendor, with the exception of Federal Holidays.

The contractor shall have a demonstrated ability to respond to service unit questions and concerns the same day. The pick-up times shall be established by mutual agreement between the respective facility laboratory and the Contractor. Laboratory specimens shall be in transit between the facility and the Contractor’s laboratory no more than eight (8) hours ninety percent (90%) of the time. The sender shall be notified as soon as reasonably possible or within the twenty-four (24) hour period following specimen pickup of any specimen received in an unsatisfactory condition, is not received, or is not appropriate for the test requested. Specimen collection and transport materials, including packaging and cold packs and/or dry ice for frozen specimens will be supplied by the Contractor at no additional cost to the facility. Shipping containers color coded for frozen/refrigerated/ambient temperatures are required. Specimen integrity during transport shall not be compromised.

If the Contractor has drawing stations in the general vicinity of the above facilities, a patient with a provider written test request from any of the above facilities, may present to any one of the drawing stations for specimen collection and transport to the central laboratory.

Technical Requirements

Delivery Methods of Diagnostic Test Results:

Critical: Report via the telephone same day as result is completed. Electronic transmission must follow within twenty-four (24) hours.

Primary: The contractor must transfer test results and auxiliary information to the Mid- Atlantic Service Unit Electronic Medical Records Systems using such interface languages as required by the applicable Electronic Medical Records System.

Alternate: The contractor shall have the capability to transmit test results reports to designated printer locations or fax machines within the Mid-Atlantic Service Unit and following up with electronic transmission.

Routine laboratory results should be provided within 24 hours of collection. Complex testing requiring specialty laboratories should be provided within 10 business days. Pap smear Specimens should be provided within 3 business days.

Reports

The Contractor shall provide an electronic utilization file that shall be transferred to Mid-Atlantic Service Unit by the fifth (5) working day of each month for the preceding Month. The reports must be broken down to correspond to appropriate facility (Mid-Atlantic Tribal Health Center and Monacan Health Center). The Contractor shall add additional data elements as mutually agreed upon by the Contractor and the Mid-Atlantic Service Unit. The electronic utilization file can be in any easily readable format such as Adobe Acrobat Reader (pdf), Microsoft Word, or Microsoft Excel.

The contractor should provide, at a minimum, a quarterly antibiogram report via Secure Data Transfer methods or USPS mail attention to the Clinical Director/Laboratory Supervisor. This report shall be inclusive for the time period and for each organism, for which sensitivities have been performed, list the total number times tested and the percent sensitive to each antibiotic tested. Accompanying the report, for the same time period, shall be a listing of all sites from which organisms were tested, and the frequency each organism was tested from each site.

Until such time that electronically ordering/reporting interfacing capabilities are functioning, the ordering facility laboratory shall receive at a minimum, duplicate hard copies of each test result from the Contractor’s laboratory using the most expeditious and cost-effective manner, and this is to be established by mutual agreement between the respective Laboratory and the Contractor before contract award. If an electronic receiver-printer is to be used for this purpose, following each transmission batch should be a transmission summary, which includes the number of patients where abnormal results were reported. The electronic receiver-printer shall be installed within 10 working days of contract award.

Reports for commonly ordered tests that are run daily shall be received by the following business day not later than 12:00 p.m. The contractor shall make available an online tests results review for the ordering facilities medical providers and health information management staff. In addition to the test results, the reports shall be chart-ready and include the following:

a) Name and address of the Contractor’s laboratory;

b) Name of the laboratory performing the test if other than the Contractor’s laboratory;

c) Patient name;

d) Patient complete identification number;

e) Patient date of birth and gender if known;

f) Ordering clinician name;

g) Date specimen collected, if known;

h) Date specimen received by contract laboratory;

i) Date results reported;

j) Contractor’s laboratory assigned accession number;

k) Test reference (normal) ranges; and

l) Test interpretation when indicated.

“Critical values,” or significantly abnormal test results, which may indicate a life-threatening condition, will be immediately communicated to the client laboratory and the contractor will follow the client facility’s critical value reporting policy, followed by the faxed report.

Include with the bid a listing of test values where other than routine reporting action is taken. It is expected that for specimens where degradation is not a problem, they will be retained for a minimum of one week. If, in the opinion of the requesting physician, a test result is not compatible with the patient’s clinical condition, and provided there is adequate specimen remaining, a repeat test may be requested at no additional charge.

Contractor shall provide a laboratory-developed population health management model supporting value-based healthcare or also known as “Clinical Lab 2.0” utilizing the laboratory data generated from each facility. Access will be granted to the COR, IHS facility laboratory managers and/or other IHS medical representative requesting data metrics.

Contract Administration Data

Indian Health Service Invoice Submission Instructions

The Contractor shall submit invoice after services received. A complete invoice with all required back-up documentation shall be sent: electronically via IHS SDT (secure data transfer https://securedata.ihs.gov/sdts/custom/AccessingIHSSecureData.pdf) if it contains sensitive patient data; or by regular postal mail (USPS, UPS, FedEx or equivalent) to:

MHC Administrative Officer: Lindsey Taylor, lindsey.taylor@ihs.gov, Monacan Health Center, 108 Dixie Airport Rd, Madison Heights, VA 24572

MATHC Deputy CEO: Remedios Holmes, remedios.holmes@ihs.gov, Mid-Atlantic Tribal Health Center, 2401 Roxbury Rd, Charles City, VA 23230

Approved invoices will be uploaded to www.ipp.gov in accordance to 352.232-71, Electronic Submission of Payment Requests (FEB 2022). Invoices uploaded to IPP shall not contain any patient data.

Standardized Coding- LOINC Compliance

The laboratory agrees to utilize Logical Observation Identifiers Names and Codes (LOINC) as the standardized coding system for reporting laboratory test results. The laboratory shall:

• Assign appropriate LOINC codes to all laboratory tests performed under this agreement.

• Ensure that all electronic transmissions of lab results include accurate and current LOINC codes.

• Maintain updated mapping of local test codes to LOINC codes, reviewed at least annually.

• Cooperate with validations requested to verify LOINC compliance.

• Notify the MASU in writing of any changes to LOINC mapping within 30 days for such changes.

Special Contract Requirements

Proposal Requirements: The contractor should provide a price catalog or CMS discounted rate in their proposals. The contractor should provide a capabilities statement, identifying the contractor’s ability to meet each requirement of the statement of work.

The Contractor should provide 3 years of Federal, State, or local relevant past performance.

Quality Standards

The Contractor’s laboratory facilities must have accreditations by the Clinical Laboratory Improvement Amendments (CLIA) and licensed by the State Department of Health as applicable. All clinical laboratory tests must be performed at the laboratory facilities under the direction and control of the contractor.

https://securedata.ihs.gov/sdts/custom/AccessingIHSSecureData.pdf http://www.ipp.gov/

The contractor shall provide these licenses, accreditation and any other applicable certifications along with their proposal. The accreditation and licensing must be maintained current and valid throughout the length of the contract and extension years, if any.

The contractor shall comply with HIPPA/ Privacy Rule Regulations. The contractor shall be expected to treat all proprietary information as confidential and to acknowledge that it is only authorized to disclose or otherwise divulge proprietary information to authorized employees of the Mid-Atlantic Service Unit. The contractor shall establish and maintain policies and procedures to ensure that its personnel do not disclose test results to any unauthorized individual.

Accreditation

If the contractor loses the accreditation, licenses and/or any associated certifications during the term of the contract, the Government has the full right to terminate the contract.

The contractor must maintain:

• CLIA Waived Certification as a moderate-high complexity laboratory

• College of American Pathologist Certification

• Staff performing test should be at the minimum Clinical Laboratory Scientists/Medical Laboratory Technicians

Technical Capabilities and Qualifications

Please note: If the contractor has the experience listed below, it would be helpful and if not, be able to obtain this information/access as part of the requirement.

The contractor should have an established or validated, OIT (HIS HQ Office of Information Technology) approved and tested Reference Laboratory Interface with Indian Health Services Electronic Medical Record/ Resource and Patient Management System already in place. This should have been developed in conjunction with and tested by the Indian Health Service’s Office of Information Technology and is in use at other IHS facilities.

Facilities using the RPMS Laboratory Package may use the reference laboratory interface in bidirectional mode. Test orders placed in the RPMS Laboratory System or Electronic Health Record (EHR) are exported to the designated Reference Laboratory when accessioned. Test results are released by the Reference Laboratory and may be reviewed and verified using the Enter/Verify Data (Auto Instrument) option in the Processing menu of the Laboratory Package.

If a site uses a bidirectional interface, the data stored in the laboratory files duplicates the data sent by the Reference Laboratory and is available in all normal laboratory report options as well as from PCC and the Electronic Health Record (EHR).

The RPMS platform is: AIX / Windows

It is running on Ensemble

The interface should be bidirectional.

The contractor shall acknowledge in their quote they meet this technical requirement and are already interfaced with IHS’s Medical Record/ Resource and Patient Management System.

HIPAA Clause

Contractor is a Covered Entity under HIPAA and complies with HIPAA requirements related to the privacy and security of “protected health information” under HIPAA (“PHI“). Contractor uses and discloses PHI in accordance with HIPAA and Contractor's publicly available Notice of Privacy Practices. Contractor also complies with all other applicable federal and state laws regarding data privacy and security of information

Upon award the contractor shall enter into a Business Associate Agreement with HIS.

Amendments of Agreement

Upon learning that material changes have been made to the Privacy Rule and/or the HITECH Act which are applicable to this Contract, the parties agree to promptly amend this Agreement to ensure that it remains in compliance with the Privacy Rule and/or the HITECH Act, as amended.

Qualification Requirement

• The offeror shall provide the following Reference Laboratory credentials with their offer:

• The Laboratory shall be licensed as a medical laboratory as specified in the Clinical

Laboratory Improvement Amendments of 1988. Proof of U.S. Department of Health and Human Services

• Interstate Laboratory License; and Medicare Provider Number is required.

• The Contractor's laboratory shall maintain a Quality Assessment Plan with documentation of quality assurance activities for the previous year.

• The laboratory shall maintain a laboratory standard internal Quality Control Program for all procedures as appropriate and participate in recognized proficiency testing program for each laboratory discipline.

• The laboratory shall use testing methodologies that are clinically acceptable, or methodologies which are "state of the art" in laboratory medicine.

• The laboratory shall have adequate staff and facilities to provide the required clinical laboratory tests/procedure and professional consultation to the IHS facilities.

• The laboratory shall provide documents to support the qualifications and capabilities of the offeror to fulfill requirements of the contract. Special attention should be paid to related efforts to include references from both metropolitan and rural hospitals, a listing of key personnel who will be assigned for direct work to meet the terms of the contract, along with resumes that clearly present the qualifications of these personnel.

• The laboratory shall include with the offer a listing of test values where other than routine reporting actions are taken.

• The laboratory shall include with the offer a sample requisition form which contains the information as outlined.

• The laboratory shall include, with the offer, and after award of a contract, provide to the IHS laboratory:

1. A list/catalog of tests/procedures performed in the Contractor's laboratory where specimens are sent, to include instructions for specimen requirements and handling;

2. A list/catalog of tests/procedures performed in another laboratory but within the Contractor the laboratory's network of regional and satellite laboratories, to include instructions for specimen requirements and handling and name and address of the laboratory where sent;

3. A list/catalog of tests/procedures performed in another laboratory outside the Contractor laboratory network of regional and satellite laboratories, to include instructions for specimen requirements and handling and the name and address of the laboratory where sent; and,

4. A Contractor's laboratory testing frequency with a turnaround time schedule listing the expected time interval from receipt of specimen to reporting of test results, which will be met ninety percent (90%) of the time.

5. a sample of the Offeror’s invoice.

• Verification/documentation of the above shall be provided to the Contracting Officer prior to contract award, and shall be maintained for the duration of the contract.

• The laboratory shall include documentation of prior past history of successful bi-directional interfaces that utilizes the HL7 RPMS Indian Health Service laboratory information system.

Assessment of Contractor’s Performance and Review Rights

The Government shall periodically evaluate the Contractor's performance by chart review, patient Consultation review and review of unsuccessful medical cases and compliance with established hospital protocol.

The COR or his/her professional representative shall be entitled to review the Contractor's facilities, and all administrative and clinical records which pertain to IHS beneficiaries covered by this contract.

Meetings

For all meetings, the contractor shall be responsible for providing meeting materials, and administrative and facilitation support. Meetings shall be conducted through an alternative method of communication (such as a teleconferencing), as approved by the Contracting Officer.

Initial Contact

The contractor shall furnish one designated point of contact (POC) to the government’s designated representative for coordination of delivery and/or maintenance. The POC will be empowered to make daily decisions to ensure the contract implementation and day to day maintenance meet the terms and conditions of this contract.

Implementation and Testing

The Contractor shall assign a project manager/specialist and dedicate system resources to the set up and testing of the Contractor laboratory interface at each facility. The Contractor will submit a project plan with weekly updates to the COR of the project timeline. The Contractor shall perform updates to the test database in a timely manner, either through email or regular paper mail.

7. Delivery/Performance

Services and pick-up shall be provided to the following locations:

Mid-Atlantic Tribal Health Center 2401 Roxbury Rd Charles City, VA 23230

Monacan Health Center 108 Dixie Airport Rd Madison Heights, VA 24572

8. Provisions at FAR 52.212-1, Instructions to Offerors -Commercial Products and Commercial

Services (SEP 2023) applies to this acquisition with the following addenda to the provision.

In order for consideration contractors’ proposal must include;

i. Company Name, SAM UEI #, address, contact information,

ii. Proposed price/schedule in accordance section 5. Schedule

iii. Technical Capabilities Statement demonstrating the contractor’s qualifications, understanding and capabilities to meet the scope of work including;

iv. 2 Years of past performance with Federal, State, or Local government.

9. FAR 52.212-2, Evaluation-Commercial Products and Commercial Services (NOV 2021),

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) Price;

(ii) Technical capability to meet the Government requirement

(iii) Past performance (see FAR 15.304)

The evaluation factors are in in descending order of importance.

https://www.acquisition.gov/far/52.212-1#FAR_52_212_1

Technical and past performance, when combined, are equal when compared to price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

FAR 52.217-5 - Evaluation of Options (July 1990) Provisions are incorporated into this solicitation.

10. Offerors to include a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services (MAY 2024) with its offer.

11. FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial

Services (NOV 2023), applies to this acquisition with the following addenda incorporated into this clause.

352.232-71, Electronic Submission of Payment Requests (FEB 2022)

(a) Definitions. As used in this clause –

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 Department of Treasury Invoice Processing Platform (IPP) or successor system. Information regarding IPP, including IPP Customer Support contact information, 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 HHS 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.

(End of Clause)

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 60 Days.

(End of clause)

FAR 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 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

(End of clause)

FAR 52.246-4 Inspection of Services-Fixed-Price (Aug 1996)

(a) Definition."Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract.

The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may-

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may-

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of clause)

12. FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive

Orders—Commercial Products and Commercial Services (JAN 2025)

(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 products and commercial services:

(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 Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115- 232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

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

(7) 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 products and commercial services:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

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

__ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C.

4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

_X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

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

_X_ (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) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts.

(Dec 2023) ( Pub. L. 115–390, title II).

__ (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).

__ (ii) Alternate I (Dec 2023) of 52.204-30.

_X_ (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded.

(Jan 2025) ( 31 U.S.C. 6101 note).

_X_ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

__ (14) [Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (17) [Reserved]

_X_ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.

644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C.

644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

_X_ (20) 52.219-8, Utilization of Small Business Concerns (Jan 2025)( 15 U.S.C.

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

__ (21) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) ( 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 (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Jan 2025) of 52.219-9.

__ (22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

_X_ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).

__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C.

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

__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).

_X_ (26) (i) 52.219-28, Postaward Small Business Program Rerepresentation (Jan 2025) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

__ (28) 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 (Oct 2022) (15 U.S.C. 637(m)).

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).

__ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15 U.S.C. 637(a)(17)).

_X_ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X_ (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2025)( E.O. 13126).

_X_ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

_X_ (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

_X_ (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

_X_ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

_X_ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (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).

__ (40) 52.222-54, Employment Eligibility Verification (Jan 2025) ( Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in

FAR 22.1803.)

__ (41) (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.)

__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).

_X_ (46) 52.223-23, Sustainable Products and Services (May 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

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

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

__ (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved].

__ (iii) Alternate II (Jan 2025) of 52.225-3.

__ (iv) Alternate III (Feb 2024) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

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

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

__ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O. 13513).

__ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

_X_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

__ (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

_X_ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(13)).

__ (65) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

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

__ (iii) Alternate II (Nov 2021) 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 products and commercial services:

_X_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

_X_ (2) 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_ (3) 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).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 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).

__ (6) 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).

_X_ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

_X_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O.

13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

__ (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025) ( 49 U.S.C. 40118(g)).

(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, as defined in FAR 2.101, on the date of award of this contract, 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 products or commercial services. 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 (Nov 2021) (41 U.S.C.

3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C.

4712).

(iii) 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)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115- 232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(Dec 2023) ( Pub. L. 115–390, title II).

(B) Alternate I (Dec 2023) of 52.204–30.

(viii) 52.219-8, Utilization of Small Business Concerns (Jan 2025) ( 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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(x) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.

793).

(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(xiv) 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.

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

(xvi) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (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).

(xvii) 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).

(xviii) 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).

(xix) 52.222-54, Employment Eligibility Verification (Jan 2025) ( E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

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

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

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense…