36C24120Q0003-001.docx

36C24120Q0003

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C24120Q0003 09-17-2019 Cory Dionne 860-666-6951 X8341 09-27-2019

5:00 PM

Department of Veterans Affairs Network Contracting Office 1 Contracting Officer (90C) 555 Willard Avenue, Building 3 Newington

CT

06111 X 561720 $18 Million N/A X Department of Veterans Affairs VAMC West Haven 950 Campbell Ave West Haven

CT

06516-2770 Department of Veterans Affairs Network Contracting Office 1 Contracting Officer (90C) 555 Willard Avenue, Building 3 Newington

CT

06111

All Invoices from the Contractor shall be submitted electronically per VAAR Clause 852.232-72 Electronic Submission of Payment Request http://www.fsc.va.gov/einvoice.asp

See CONTINUATION Page This solicitation is a Request for Quotation for Cleanroom Cleaning Services. The government intends to award a firm fixed price contract with one base year plus 4 option years possible. Contractor shall provide all necessary personnel, supervision, labor, equipment, materials and disposal necessary to provide Cleanroom Cleaning Services at West Haven Medical Center pursuant to the Performance Work State-ment described herein.

Quoters should carefully follow instructions included in 52.212-1 and for evaluation criteria specified in section E (52.212-2 Addenda). Pricing should be identified in B.2 Price/Cost Schedule attached to the RFQ.

Wage Determination Number: 2015-4128 Revision Number: 12 Date of Revision: 07-16-2019 www.wdol.gov All quotes shall be emailed to cory.dionne@va.gov with the solicitation number referenced. Any quote not compliant with RFQ requirements will not be considered.

See CONTINUATION Page X X X Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

36C24120Q0003

Page 1 of Page 1 of

B.3 Performance Work Statement

General

Contractor shall provide all necessary equipment, tools, and supporting materials to successfully support the cleaning and disinfection of the VA Connecticut Healthcare pharmaceutical compounding spaces at VACT West Haven campus (Building 1, Building, 2, and any mobile compounding or new construction locations). VACT Connecticut Pharmacy Department will provide the garbing and personal protective equipment (PPE) used during cleaning. Any additional PPE that the VA does not normally provide to it’s compounding staff should be provided by the contracting company. All services shall be performed in accordance with the terms and conditions specified in this solicitation and in compliance with the statement of work. The contract will cover a minimum of twelve (12) months from start date.

The company must be regularly established in the business, the company must be able to provide primary services under the condition of scope of work, in the judgment of the Contracting Officer, be financially responsible, and show evidence of their reliability, ability, experience, facilities and personnel directly employed or supervised by them to render prompt, detailed service in accordance with USP Chapter 797 and satisfactory standards. The Contractor shall be licensed by the State or local health authority in those localities where licenses are required.

Certified contractor personnel shall be required for performance of work under this contract. Each serviceman designated by the Contractor to perform work under this contract shall be cleared for access through restricted areas of customer's facilities. The Contractor shall conform to all Federal, State, Health Authority and local regulations governing the servicing and compliance with USP Chapter 797 and use of approved chemicals and equipment. The company must furnish a copy of state certification to perform said service contracted. The company must provide documentation to the Contracting Officer prior to performing any work under the contract. All chemicals (SDS) used to perform service must be submitted and filed with the Contracting Officer's Representative (COR). Certification shall mean a current certificate of competency in compliance with industry standards including ASTM E2042 and USP 797. Company servicemen must certify for Ante Rooms (ISO 7/8).

All company servicemen shall have their name and their company's name indicated on their uniform or a name badge at all times, so they are easily recognizable as a contractor employee. In cases when contractor has two or more employees reporting to work, under this contract one of these employees' shall be designated as a supervisor/foreman. The supervisor shall be fully certified and knowledgeable of the location and work site to perform USP sterile cleaning. On each visit, the company servicemen shall report to the COR or his designee prior to performing services.

Description of Services:

Clean Room Cleaning (Sterile Maintenance)

Cleanroom Cleaning Services must comply with industry standards ASTM E2042 and USP Chapter 797.

Cleaning will be performed in Inpatient Segregated Compounding Area (182.94 SQFT), Cancer Center Segregated Compounding Area (270.12 SQFT), and a mobile compounding trailer (335 SQFT). The required cleaning for the inpatient segregated compounding area (Building 1, Room G-220) is to be performed daily Monday through Sunday (To include Federal Holidays including Christmas, New Years and Thanksgiving) between the hours of 4:00 PM - 7:00 AM.

The required cleaning for the cancer center segregated compounding area (Building 2, Room 5202) is to be performed daily Monday through Friday (to include Federal Holidays excluding Christmas, New Years and Thanksgiving) between the hours of 6 AM-7:30AM.

Because the mobile compounding trailer is only open for compounding of medications on a Monday- Friday basis for Cancer Center patient infusions, the required cleaning for the mobile compounding trailer is to be conducted daily Monday through Friday (to include Federal Holidays excluding Christmas, New Years and Thanksgiving) between the hours of 5:30AM-7:00AM, (note that the 5:30 AM start time is for weekly cleaning only, with a 6 am cleaning start time most days). Both frequency of cleaning and timing of cleaning are subject to change based on trailer operations needing to change to accommodate patient care.

For each individual area being cleaned, separate logs documenting cleaning activities must be maintained and provided to the VACT Pharmacy Department. Cleaning logs should note whether daily, weekly, or monthly cleaning was performed as well as the cleaning/disinfecting agent used (including whether it was mixed or available in a ready to use (RTU) form), surfaces cleaned, and name and signature of staff member completing cleaning.

All cleaning and disinfection must be performed by trained personnel using contractors equipment and supplies. However, note that the garbing and personal protective equipment used during cleaning that is normally available to compounding staff are provided by the VACT Pharmacy Department. Cleaning and disinfection of all ISO classified cleanroom and segregated compounding areas will be accomplished in accordance with USP 797 and ASTM E2042. Cleaning and disinfection must be performed in the direction of clean to dirty areas utilizing overlapping unidirectional strokes and working from top to bottom. Cleaning/disinfection of a room starts at the top and rear of a room and personnel work towards the bottom and front (start at side of room furthest away/opposite from door). Cleaning and disinfection must begin in the buffer room (cleanroom or compounding room) and always follows the order of the cleanest to the dirtiest location (i.e. Buffer Room ->Ante Room -> Workroom).

All materials and equipment utilized by contractor for cleaning and disinfection will be stored in the Housekeeping Closet in the storage space on site (i.e. double bucket container, cleaning pads, extension poles). This minimizes external items in and out of the clean/sterile environment. The contractor must take responsibility for assuring that all cleaning and disinfectant solutions are used prior to their expiration date. Any expired solution must be removed and should not be used for cleaning/disinfecting.

Contractor must log in when reporting to the pharmacy cleanroom and segregated compounding areas to perform service and must log out after service is conducted. All personnel servicing VACT must complete appropriate clearance through the VACT security process. Vendor workers must be on VACT access roster prior to entering pharmacy compounding space.

The contractor must assure that there is a system for having alternate personnel available to perform the cleaning at the specified times in the event that the personnel who normally come to perform the cleaning are unable (i.e. personnel have an active respiratory infection, conjunctivitis, or other condition which would prohibit them from working in a compounding environment, as noted in the the pharmacy code of conduct for sterile compounding standard operating procedure). All personnel coming onsite are expected to follow the pharmacy department standard operating procedures for proper conduct and garbing in cleanroom and compounding environments. The specific cleaning and disinfectant solutions to be used and dwell times for solutions will be followed in accordance with VACT policies and procedures. The USP Compliance Manager or designee will conduct an observation of all contractor personnel’s garbing and cleaning/disinfecting tasks to assure they are compliant with VACT policies and procedures. The USP Compliance Manager or designee will provide feedback to contractor personnel, contractor supervisor, and VA contracting officer on any areas requiring retraining.

1. When working in compounding environment, personnel are responsible for cleaning all items before placing them into a segregated compounding area, pass through, anteroom, or buffer room.

A. Each item must be wiped with sterile 70% isopropyl alcohol.

B. Once the item is wiped with sterile 70% isopropyl alcohol, it must be allowed to dry before it can be placed in the compounding environment. This will include all trash receptacles, waste buckets, mops, and cleaning solutions going into any segregated compounding area or pass through and any ISO classified clean room space (i.e. pass through, anteroom, and buffer room).

2. Equipment to be used should be composed of non-shedding material; so, only lint free mops, sponges, and wipes must be used for all cleaning and disinfection tasks.

3. Dedicated cleaning materials are to be clearly labeled for use in the non-hazardous and hazardous compounding areas.

A. There is to be a dedicated mop for hazardous compounding spaces and other mop(s) dedicated for non-hazardous compounding spaces.

B. The mops used for hazardous compounding room cleaning are not to be used in any non-hazardous area unless it is first de-contaminated by wiping down with a decontaminating agent.

4. Mop heads and sponges are changed and discarded daily after each use or more frequently if heavily soiled.

5. Cleaning and disinfectant solutions should be provided in ready to use (RTU) forms. If a specific cleaning and disinfectant solution is not available in an RTU form, then it is to be diluted (or mixed) according to manufacturer recommendations.

A. In the cases where a cleaning and disinfectant solution has to be mixed, both the water and the solution concentrate must be measured using containers with appropriate gradations.

B. The contractor is to mix all chemicals.

C. Cleaning solutions must never be mixed together.

6. Garbing and personal protective equipment (PPE) for cleaning is worn.

A. Safety goggles are used while conducting cleaning with all disinfecting agents (Hydrogen Peroxide Agents, Acid Phenolic Agents, Alkaline Phenolic Agents and Peroxyacetic Acid and Hydrogen Peroxide Agents).

B. While cleaning/disinfecting with Peroxyacetic Acid containing agents, staff must pre-soak lint-free wipes and/or the mop head covers prior to starting cleaning/disinfecting.

Cleaning and disinfection instructions for each compounding area are noted below.

1. Daily (for the mobile pharmacy trailer and any ISO classified cleanroom spaces):

a. Clean and disinfect the pass throughs.

b. Clean and disinfect designated surfaces (all vertical and horizontal surfaces) including benches, carts and exteriors of hoods.

c. Clean and disinfect the doors/door handles.

d. Clean and disinfect the floors.

e. Clean and disinfect the sinks.

f. Empty all trash receptacles, replace liners, and place bagged trash in designated areas.

g. Seal and remove all trace waste chemotherapy bins from compounding spaces.

2. Weekly (for the mobile pharmacy trailer and any ISO classified cleanroom spaces):

a. Weekly cleaning and disinfection includes walls in addition to all other areas cleaned and sanitized daily (including pass throughs, designated surfaces (all vertical and horizontal surfaces) including benches, carts and exteriors of hoods, floors, sinks, and doors/door handles).

b. Empty all trash receptacles, replace liners, and place bagged trash in designated areas.

c. Seal and remove all trace waste chemotherapy bins from compounding spaces.

3. Monthly cleaning (for the mobile pharmacy trailer and any ISO classified cleanroom):

a. Monthly cleaning and disinfection includes the ceilings, all storage shelving, bins, equipment outside of the hoods, chairs, and trash receptacles, in addition to all other areas cleaned daily (including pass throughs, designated surfaces (all vertical and horizontal surfaces) including benches, carts and exteriors of hoods, floors, sinks, and doors/door handles) and weekly (walls).

b. Empty all trash receptacles, replace liners, and place bagged trash in designated areas.

c. Seal and remove all trace waste chemotherapy bins from compounding spaces.

4. Daily (for segregated compounding areas):

a. Clean and disinfect the pass throughs.

b. Clean and disinfect the designated surfaces (all vertical and horizontal surfaces) including benches, carts and exteriors of hoods.

c. Clean and disinfect the doors/door handles.

d. Clean and disinfect the floors.

e. Clean and disinfect the sinks.

f. Empty all trash receptacles, replace liners, and place in designated areas.

5. Monthly cleaning (for segregated compounding areas):

a. Monthly cleaning and disinfection includes the ceilings and walls, all storage shelving, bins, equipment outside of the hoods, chairs, and trash receptacles, in addition to all other areas cleaned daily (including pass throughs, designated surfaces (all vertical and horizontal surfaces) including benches, carts and exteriors of hoods, floors, sinks, and doors/door handles).

b. Empty all trash receptacles, replace liners, and place bagged trash in designated areas.

Contract or Personnel Security Requirements:

Contractor employees who have access to the VAMC West Haven, CT (Building 1) shall be the subject of a background investigation and must receive a favorable adjudication from the VA Office of Security and Law Enforcement prior to contract performance. The requirement is applicable to all subcontractor personnel requiring the same access. If the investigation is not completed prior to the start of the contract, the Contractor will be responsible for the actions of the individuals who perform on the contract.

a. Position Sensitivity - The position sensitivity has been designated as low risk.

b. Background Investigation - The level of background investigation commensurate with the required level of access is National Agency Check with Written Inquiries.

c. Agency Responsibilities:

The Contracting Officer will initiate the Background Investigation request into the Security and Investigations Center (SIC).

d. Vendor Responsibilities:

The Contractor has two key responsibilities: getting all employees who will work in a VA facility electronically fingerprinted at a local VA hospital or police station and having those same employees fill out the E-QIP questionnaire that will be emailed to them once the contracting officer initiates the investigation.

When the request is submitted the Contractor Request Database will generate an "initial" email with the website link and instructions to all email addresses listed on the request worksheet. This email will indicate what level of investigation was requested and how to complete the process. This is not considered an initiated investigation at this point. A case is not initiated until we have received a complete security package from the contract employee and can forward that security package to OPM.

e. Time Frames:

Below is a breakdown by level of each investigation handled by the SIC. Times frames may vary due to OPM.

Low Risk (NACI) The case is only open for 30 days except in rare occasions when something in the person's background requires an extension. This investigation is done by mail and that is why we must be so stringent with the paperwork. The average turn around on these cases is 45 days.

Contractor Quality Control and Assurance Requirements:

The Contractor will be required to provide their Quality Control and Assurance program. This program shall detail all steps required to maintain and continuously provide a clean room environment in accordance with published criteria for USP 797 Sterile Compounding areas.

The Government intends to take the Contractors Quality Control Plan and implement it in the Quality Assurance Surveillance Plan (QASP). Please see provision 52.212-2 for further instructions on how to submit to the Contracting Officer.

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

PHARMACY CLEANROOM CLEANING AS PER PERFORMANCE WORK STATEMENT

Contract Period: Base POP Begin: 10-07-2019 POP End: 10-06-2020

PHARMACY CLEANROOM CLEANING AS PER PERFORMANCE WORK STATEMENT

Contract Period: Option 1 POP Begin: 10-07-2020 POP End: 10-06-2021

PHARMACY CLEANROOM CLEANING AS PER PERFORMANCE WORK STATEMENT

Contract Period: Option 2 POP Begin: 10-07-2021 POP End: 10-06-2022

PHARMACY CLEANROOM CLEANING AS PER PERFORMANCE WORK STATEMENT

Contract Period: Option 3 POP Begin: 10-07-2022 POP End: 10-06-2023

PHARMACY CLEANROOM CLEANING AS PER PERFORMANCE WORK STATEMENT

Contract Period: Option 4 POP Begin: 10-07-2023 POP End: 10-06-2024

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(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; 41 U.S.C. 4712 and 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.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government 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:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

(End of Addendum to 52.212-4)

C.2 52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST DEC 2011

(a) Definitions. As used in this clause— "Acquisition function closely associated with inherently governmental functions" means supporting or providing advice or recommendations with regard to the following activities of a Federal agency:

(1) Planning acquisitions.

(2) Determining what supplies or services are to be acquired by the Government, including developing statements of work.

(3) Developing or approving any contractual documents, to include documents defining requirements, incentive plans, and evaluation criteria.

(4) Evaluating contract proposals.

(5) Awarding Government contracts.

(6) Administering contracts (including ordering changes or giving technical direction in contract performance or contract quantities, evaluating contractor performance, and accepting or rejecting contractor products or services).

(7) Terminating contracts.

(8) Determining whether contract costs are reasonable, allocable, and allowable.

"Covered employee" means an individual who performs an acquisition function closely associated with inherently governmental functions and is—

(1) An employee of the contractor; or

(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures.

"Non-public information" means any Government or third-party information that—

(1) Is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552) or otherwise protected from disclosure by statute, Executive order, or regulation; or

(2) Has not been disseminated to the general public and the Government has not yet determined whether the information can or will be made available to the public.

"Personal conflict of interest" means a situation in which a covered employee has a financial interest, personal activity, or relationship that could impair the employee's ability to act impartially and in the best interest of the Government when performing under the contract. (A de minimis interest that would not "impair the employee's ability to act impartially and in the best interest of the Government" is not covered under this definition.)

(1) Among the sources of personal conflicts of interest are—

(i) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household;

(ii) Other employment or financial relationships (including seeking or negotiating for prospective employment or business); and

(iii) Gifts, including travel.

(2) For example, financial interests referred to in paragraph (1) of this definition may arise from—

(i) Compensation, including wages, salaries, commissions, professional fees, or fees for business referrals;

(ii) Consulting relationships (including commercial and professional consulting and service arrangements, scientific and technical advisory board memberships, or serving as an expert witness in litigation);

(iii) Services provided in exchange for honorariums or travel expense reimbursements;

(iv) Research funding or other forms of research support;

(v) Investment in the form of stock or bond ownership or partnership interest (excluding diversified mutual fund investments);

(vi) Real estate investments;

(vii) Patents, copyrights, and other intellectual property interests; or

(viii) Business ownership and investment interests.

(b) Requirements. The Contractor shall—

(1) Have procedures in place to screen covered employees for potential personal conflicts of interest, by—

(i) Obtaining and maintaining from each covered employee, when the employee is initially assigned to the task under the contract, a disclosure of interests that might be affected by the task to which the employee has been assigned, as follows:

(A) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household.

(B) Other employment or financial relationships of the covered employee (including seeking or negotiating for prospective employment or business).

(C) Gifts, including travel; and

(ii) Requiring each covered employee to update the disclosure statement whenever the employee's personal or financial circumstances change in such a way that a new personal conflict of interest might occur because of the task the covered employee is performing.

(2) For each covered employee—

(i) Prevent personal conflicts of interest, including not assigning or allowing a covered employee to perform any task under the contract for which the Contractor has identified a personal conflict of interest for the employee that the Contractor or employee cannot satisfactorily prevent or mitigate in consultation with the contracting agency;

(ii) Prohibit use of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Obtain a signed non-disclosure agreement to prohibit disclosure of non-public information accessed through performance of a Government contract.

(3) Inform covered employees of their obligation—

(i) To disclose and prevent personal conflicts of interest;

(ii) Not to use non-public information accessed through performance of a Government contract for personal gain; and

(iii) To avoid even the appearance of personal conflicts of interest;

(4) Maintain effective oversight to verify compliance with personal conflict-of-interest safeguards;

(5) Take appropriate disciplinary action in the case of covered employees who fail to comply with policies established pursuant to this clause; and

(6) Report to the Contracting Officer any personal conflict-of-interest violation by a covered employee as soon as it is identified. This report shall include a description of the violation and the proposed actions to be taken by the Contractor in response to the violation. Provide follow-up reports of corrective actions taken, as necessary. Personal conflict-of-interest violations include—

(i) Failure by a covered employee to disclose a personal conflict of interest;

(ii) Use by a covered employee of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Failure of a covered employee to comply with the terms of a non-disclosure agreement.

(c) Mitigation or waiver. (1) In exceptional circumstances, if the Contractor cannot satisfactorily prevent a personal conflict of interest as required by paragraph (b)(2)(i) of this clause, the Contractor may submit a request through the Contracting Officer to the Head of the Contracting Activity for—

(i) Agreement to a plan to mitigate the personal conflict of interest; or

(ii) A waiver of the requirement.

(2) The Contractor shall include in the request any proposed mitigation of the personal conflict of interest.

(3) The Contractor shall—

(i) Comply, and require compliance by the covered employee, with any conditions imposed by the Government as necessary to mitigate the personal conflict of interest; or

(ii) Remove the Contractor employee or subcontractor employee from performance of the contract or terminate the applicable subcontract.

(d) Subcontract flowdown. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts—

(1) That exceed $150,000; and

(2) In which subcontractor employees will perform acquisition functions closely associated with inherently governmental functions (i.e., instead of performance only by a self-employed individual).

(End of Clause) C.3 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

(End of Clause) C.4 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)

(a) Definitions. As used in this clause— "Postconsumer fiber" means— (1) Paper, paperboard, and fibrous materials from retail stores, office buildings, homes, and so forth, after they have passed through their end-usage as a consumer item, including: used corrugated boxes; old newspapers; old magazines; mixed waste paper; tabulating cards; and used cordage; or

(2) All paper, paperboard, and fibrous materials that enter and are collected from municipal solid waste; but not

(3) Fiber derived from printers' over-runs, converters' scrap, and over-issue publications.

(b) The Contractor is required to submit paper documents, such as offers, letters, or reports that are printed or copied double-sided on paper containing at least 30 percent postconsumer fiber, whenever practicable, when not using electronic commerce methods to submit information or data to the Government.

(End of Clause)

C.5 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

(a) Definitions. As used in this clause— Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that—

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into SAM;

(2) The Contractor has completed the Core, Assertions, Representations and…