36C25819Q0291-001.docx

36C25819Q0291

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

36C25819Q0291 09- -2019 Blaine Greenwalt 5207921450 x4457 09-30-2019

4:00PM AZT

Department of Veterans Affairs NCO22-Gilbert Network Contracting 3601 S. 6th Avenue Tucson AZ 85723 X X 621910 $15 Million NET 30 Days N/A X 36C258 Department of Veterans Affairs Southern Arizona VA Healthcare System 3601 S. 6th Avenue Tucson AZ 85723 36C258 Blaine Greenwalt Department of Veterans Affairs NCO22-Gilbert Network Contracting 3601 S. 6th Avenue Tucson AZ 85723

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

See CONTINUATION Page Please fill out pricing information in attached Bid Schedule for Fixed Wing Ambulance Services for the Norhern Arizona VA Healthcare System

(NAVAHCS), Phoenix VA Healthcare System (PVAHCS), and the Southern Arizona VA Healthcare System

(SAVAHCS).

NCO 22-Gilbert intends to award a Single Award IDIQ contract for the ordering period.

Offeror shall submit a signed SF 1449 to blaine.greenwalt@va.gov, by the time and date specified in Block 8 of the SF 1449 with their completed price list, and certifications.

Questions must be submitted in writing and emailed to Blaine Greenwalt no later than 4 calendar days prior to the date in block 8 of the SF 1449.

See CONTINUATION Page X X Daniel C. Thiel Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C258 Daniel C. Thiel

Department of Veterans Affairs NCO22-Gilbert Network Contracting 3601 S. 6th Avenue Tucson AZ 85723

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

Page 1 of Page 1 of

STATEMENT OF WORK

1 May 2019

I. DESCRIPTION OF SERVICES:

The Contract shall furnish 24 hours per day, seven (7) days per week, air ambulance transport services for the following VISN 18 VA Health Care Systems:

· Phoenix VA Health Care System;

· Northern Arizona VA Health Care System;

· Southern Arizona VA Health Care System; and

Transportation will generally be located in Arizona; however, cross country flights and flights to other states may be required.

II. SCOPE OF WORK – SPECIFICATIONS

SPECIAL NOTE: The Air Ambulance Contractor must be a “Covered Entity” as defined by Medicare.

2. It is understood that only one VA patient will be transported on a trip unless specifically authorized by the VA and approved by the Air Ambulance Contract. When more than one VA patient is transported on a trip, reimbursement shall be made at the rate not exceeding the cost of transporting a single patient; however, the longest distance over which a patient is transported may be claimed when more than one patient is transported in a single airplane concurrently. Under no circumstances will the VA order air ambulance service for more than two passengers for any one flight. Contractor is expected to accept all patients (e.g. heart cases, the mentally disturbed, the critically ill, or communicable disease cases), but has the right to refuse when in the best interest of safety. Contractor shall not accept any patient unless the case manager or other designee authorizes the flight and informs the contractor regarding any medical treatment or care requirements for each patient (such as administration of oxygen or medication).

3. In the event the contractor is unable to support a formal request for patient pick-up service, it shall be the responsibility of the contractor to make arrangements with another air carrier to provide patient transportation. The cost for the substitute service with the replacement air carrier shall be borne by the contractor, to be submitted for reimbursement with the next monthly invoice. However, the government shall pay no more than the contract negotiated rate.

2. The VA physician requesting air ambulance is responsible for delineating medical care of the patient. Medical orders will be issued upon patient pick-up as well as travel authority. It is the provider’s responsibility to complete delivery of transfer paperwork to the receiving facilities’ accepting patient.

3. Orders, requests, or changes will only be made by the authorized VA officials as specified by the VA. Under no circumstances is there to be any deviation on request of any other party. In addition, no deviation will be made by the Contractor.

4. Only designated personnel of the VA Administration are authorized to order the contract services. A current list will be furnished to the Contractor at all times, and upon the contractor’s request. People not on this list are not authorized to order services. The Government will not be responsible for services performed by the Contractor for persons not on the list.

5. Payment shall be based upon one-way direct air mileage (nautical mile) as computed on the appropriate Sectional Aeronautical Chart prepared by the Coast and Geodetic Survey. In case a circuitous route must be employed for reasons of safety (such as unfavorable terrain or weather), a copy flight log showing the reason which necessitated the detour from a direct route, shall be provided to the VA.

6. Payment will be paid by the releasing VA facility for travel. The initial transport will be the responsibility of the first facility, and return transport (if needed) will be the responsibility of the second facility. The only exception to this rule is for transportation in relation to VA transplant care and for transportation to a VA Parkinson’s Disease, Research, Education and Clinical Centers (PADECCs). In such cases, the referring facility is responsible for round trip transportation for either inpatient or outpatient care.

C. Response Time/Waiting Time:

1. Response Time: The contractor shall respond to a Patient Pick-Up Call (en route to pick-up location) within two (2) hours.

2. Waiting Time: The contractor shall not be expected to wait more than one (1) hour for patients coming to the VA without receiving further payment. Delays due to causes beyond the control and without the fault of the VA for the beneficiary patient concerned shall not be considered waiting time. Such causes may include, but are not restricted to, acts of God or of the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes or delays caused by weather conditions.

D. Ground Ambulance Coordination:

Contractor is responsible for coordinating ground ambulance services and to work in conjunction with each VA facility’s Point of Contact (POC), along with the contracted ground ambulance carriers for the appropriate VAs. To assist the contractor with this requirement, the Contracting Officer will provide Air Ambulance Transfer and Ground Ambulance POC’s for the 3 facilities. This is a complete list of government and ground ambulance personnel. In order to provide continuity of transportation, the air ambulance operator should coordinate aircraft departures and arrivals with required surface transportation to avoid any delays at the points of origin and flight destination. If a delay is unavoidable, the patient must be protected from inclement weather, including temperatures that could adversely affect their conditions.

NOTE: The Air Ambulance Medical Team shall provide a bedside-to-bedside continuum of care for all patients.

E. Patient Medical Records:

Contractor shall maintain for a period of five (5) years, a record of each air ambulance operation, including but not limited to the following:

F. Operational Requirements:

1. Within 3 business days after award and notification, the successful offer shall supply certifications, competencies, and qualifications with a list of all the personnel and their titles that will be involved in the performance of the resulting contract. Also included must be names and telephone numbers of dispatchers.

2. Contractor shall hold a valid Air Carrier Operating Certification issued by the Federal Aviation Agency (FAA), for an Air taxi operator, a copy of which will be submitted with the bid. The operations authorized under this certificate shall be such that he/she can perform the services required by this contract. The contractor shall abide by all applicable FAA regulations. Contractor shall hold a valid commercial airman’s certificate with the appropriate ratings for the conditions of the flight being undertaken, and operate under the air taxi rules for that certificate. The contractor shall be CAMTS or NAAMTA accredited. Contractor shall comply with all applicable, Federal, State, and Local Regulations governing the operation of an Air Ambulance service.

3. An FAA flight plan shall be filed for any aircraft used for an air ambulance flight under this contract. Wherever practical and possible, the pilot shall take advantage of all existing ground and air communication facilities. Before each flight, the pilot shall obtain the latest information relative to weather, airport conditions and navigational facilities and, further, shall be satisfied that all conditions are such that they will not constitute a hazard. In the event a flight is interrupted short of destination, the contractor shall immediately notify the Business Office Manager and make necessary arrangements.

4. All operations under the contract must be supervised by competent trained personnel who adhere to safe practices. Definite precautions will be taken to keep passengers and spectators away from the aircraft when the power is on. All facilities, including ramps, ramp areas, building passenger areas etc., will be maintained in a clean and orderly condition, free from debris and any accumulation which may constitute an accident or fire hazard. The patient should be sufficiently isolated from the cockpit to minimize in-flight distractions and interference, which would affect flight safety.

5. All operations under the contract shall be supervised by competent, trained personnel who adhere to safe practices. Passengers shall not be allowed to board aircraft when engines are running. Definite precautions shall be taken to keep passengers and spectators away from aircraft when the power is on.

6. The contractor shall provide each air ambulance with an aircrew consisting of the minimum standard required by the FAA and the Arizona Department of Health. A medical doctor may be substituted for the attendant. Additional contractor team members may accompany the aircrew at the discretion of the contractor, at no additional cost to the VA.

H. Contract Administration:

The contractor shall contact the Contracting Officer on all matters pertaining to the contract. The Contracting Officer is the only person authorized to obligate the VA, to issue any changes, which affect the price, quantity, quality, or delivery terms of this contract.

I. Payment:

Invoices must be submitted by the 10th calendar day of each month for trips provided during the prior month. The Invoice will be reviewed and reconciled to tickets and travel logs. Unauthorized charges will be suspended by the Contracting Officer. Unauthorized charges are those that have not been pre-approved by authorized VA personnel. Supporting documentation may be provided and submitted for payment consideration. Suspended charges will be reviewed by the Contracting Officer as to the validity of the charges and as to whether or not payment will be made. A final determination will be made within 30 days after notifying the Contractor of charges, which are being suspended.

The contractor’s invoice must contain the following information:

(1) Contract Number

(2) Date of Trip

(3) Authorization number(s) and patient’s name

(4) Pick-up and drop-off location of patient

(5) Base Rate

(6) Name and “Last Four” of Social Security number of patient transported

(7) Documentation of circumstances when billing for waiting time

(8) Any miscellaneous charges for which contractor is expecting reimbursement i.e., Toll charges, Waiting Time, etc.

(9) VA authorizing official’s name

(10) Healthcare Procedure Coding System/National Level II (HCPCS)

Contractor must provide a receipt or copy of receipt for all miscellaneous charges. (Waiting time, etc.)

III. SCOPE OF WORK – GENERAL REQUIREMENTS

A. Aircraft Equipment and Design:

1. All aircraft shall be operated within Federal Aviation Administration (FAA) (www.faa.gov) rules and regulations governing air taxi operations. Contractor personnel and passengers shall abide by applicable FAA rules and regulations.

2. All ambulance aircraft used in performance of this contract shall be equipped with functioning two- way radios. Such aircraft shall also be equipped with all flight instruments required by FAA Regulations for the type of flight operations to be conducted. Such aircraft shall also have the facilities to maintain proper cabin temperatures under all flight conditions. Aircraft must have an electrical invertors system for simultaneously required electrical supply for emergency medical equipment; the voltage of which is compatible to the medical equipment required. All medical equipment in the aircraft must be secured in approved racks, bins or compartments during flight. It is critical that oxygen containers be properly restrained.

2. The three components must be licensed/certified by the appropriate governmental authority. The air ambulance provider shall be responsible for ensuring that the following exist:

a. Current air ambulance license or certificate;

2. Contractor shall own and operate adequate maintenance facilities or shall have a contract with an acceptable shop to perform aircraft maintenance; said contractor to provide that maintenance shall be performed as and when required by the FAA.

D. Fueling Procedures:

No air ambulance shall be refueled with a patient aboard unless the fueling procedures are in accordance with those accepted by the FAA in the Certificate Holder’s Operations Manual. Precautions shall be taken at all times when aircraft is being refueled with passengers aboard. Prior arrangements should be made with airport authorities to have a fire truck in the immediate vicinity of the aircraft during refueling operations. When a fire truck is not available, additional fire control equipment should be in the immediate vicinity and manned. Patient extrication in the face of a hazardous condition should be well planned. Fuel fumes can complicate a patient’s condition. Accordingly, fueling with a person aboard should be avoided when possible, or if fueling operations are unavoidable, the patient should be temporarily removed from the aircraft if his/her medical condition allows this latitude.

E. Smoking Regulations and Precautions:

Federal Aviation Regulations Part 135.9b prohibits smoking within 10 feet of oxygen storage and dispensing equipment carried on aircraft. Smoking should never be allowed within 50 feet of a parked air ambulance aircraft.

F. “Lifeguard” Flight Plans:

Operators engaging in air ambulance operations should use the word “Lifeguard” only when expeditious handling is required. An Air Traffic Controller can help a pilot avoid significant weather and turbulence, and can pass information to ground personnel to help expedite the handling of patients. These additional services will be provided when the controller’s workload permits.

G. Basic Medical Equipment Required for Each Flight:

All medical equipment and supplies required by the Arizona Department of Health shall be available and maintained to manufacturer’s standards and must be in air-worthy condition. The medical equipment and supplies shall be on board and shall be readily accessible for airplane ambulances services of this contract at no extra charge. The VA shall not provide any replacement supplies.

Note: Medications, intravenous solutions, dressings, catheterization kitset, for specific patient problems will be provided by the VA.

2. All items that may have to be carried with patient during transport to and from the aircraft shall be appropriately packaged.

3. As a minimum, the following items or medical equipment shall be available to be carried on board, and shall comply with Medical and FAA approvals and regulations:

4. The Contractor shall ensure all special requirements are included, such as type of equipment that may need to be permanently installed inside aviation medical transport vehicle, etc.

J. Dry Runs:

The Contractor will be reimbursed at the full contract amount for “dry runs”, (trips made by the contractor when the beneficiary is not available for pickup). The charge will not be allowed if authorized VA personnel cancel the trip within one (1) hour of the scheduled pick time.

IV. DEFINITIONS

(a) Only employees of the Contractor who meet the qualifications of the Arizona Department of Health will be allowed to perform duties on ambulance runs for the VA.

(b) Records of each employee as to character and physical capabilities of performing the duties of an ambulance driver or attendant must be maintained and made available for inspection upon request.

(c) Responsibilities during pre-flight, in-flight, and post-flight phases of an air ambulance mission;

(d) Legal considerations of air ambulance;

(e) Record keeping for air ambulance service;

(f) Lifting and moving patients;

(g) General patient care in-flight;

(h) Medication including the times that medications are administered and the adjustments that are required when changes in time zones are made;

(i) Medical equipment used aboard aircraft;

(j) Changes in barometric pressure, decompression sickness, and air embolism;

(k) Changes in partial pressure of oxygen;

(l) Other environmental factors affecting patient care such as humidity, ventilation, noise, etc.;

(m) Aircraft system, electrical, pressurization, lighting, ventilation, etc.;

(n) Principles of survival;

(o) Care of patients who require special consideration in the airborne environment.

B. Registered Nurse/Paramedic A registered Nurse/Paramedic will be the Medical Flight Attendant when medical conditions required nursing care that is not part of physician assistant or emergency medical technician curriculums. This would include administration of medications and intravenous solutions, tracheotomy care, cardiac monitoring, ventilator-dependent patients, nursing procedures requiring sterile techniques and evaluating medical conditions predisposing to hypoxic conditions in-flight.

C. Qualified Registered Nurse A qualified Registered Nurse, for the purpose of this contract, is one who has received training and has critical care experience and is proficient in the following areas:

(1) Is certified in BLS or ACLS.

(2) Interprets basic and complex EKG rhythms.

(3) Administers, monitors, and titrate IV fluids and vasoactive, inotropic, anti-arrhythmic and narcotic agents under the direction of physicians.

(4) Recognizes indications for defibrillation and performs procedure.

(5) Maintains potency of arterial lines and interprets arterial waveforms.

(6) Maintains potency of CVP’s and pulmonary artery and catheters, and interprets waveforms obtained from them.

(7) Assume responsibility for the care of the patient with a pacemaker (transvenous and/or cutaneous) insuring proper function, recognizing any malfunction and intervening appropriately.

(8) Assume responsibility for the care of intubated patients requiring mechanical ventilation, including:

D. Emergency Medical Technician:

When required, Emergency Medical Technicians providing emergency services on ambulances serving VA hospitals and clinics must have the following qualifications.

E. Paramedics:

When required, paramedics providing emergency services on ambulances serving VA and clinics must have the following qualifications.

V. DEVIATIONS FROM FAA REGULATIONS

Deviations from FAA regulations shall be reported in accordance with FAA regulations Part 91.3 and 135.19. Deviation decisions related to flight safely can only be made by the pilot who must consider the safety of all persons aboard as well as the needs of the patient.

This statement of work applies to the below facilities: Passengers, such as family members, may be carried at the discretion of the pilot, providing all applicable FAA regulations are met. There shall be no extra cost to the VA.

Phoenix VA Medical Center (644/90C) 650 Indian School Rd.

Phoenix, AZ 85012

VA Medical Center Prescott (649/90C) 500 Highway 89 North Prescott, AZ 86313

Southern Arizona VA Health Care System (678/90C) 3601 S. 6th Ave Tucson, AZ 85723

VI. SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION

TECHNOLOGY RESOURCES

The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract.

End of Statement of Work

Page | 14

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(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:

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Aug 2019)

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

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

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

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 89(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.] __X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

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

__ X _ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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

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

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

___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved] __ X _ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

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

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

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

_ X __ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Aug 2018) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_ X __ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

_ X __ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

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

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

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

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

_ X __ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ X _ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

_ X __ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (ii) Alternate I (July 2014) of 52.222-35.

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

___ (ii) Alternate I (July 2014) of 52.222-36.

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

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

_ X __ (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

_ X __ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

__ X _ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

__ X _ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

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

___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_ X __ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

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

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

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_ X __ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

___ (iii) Alternate II (Feb 2006) of 52.247-64.

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

[Contracting Officer check as appropriate.] _ X __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) __ X _ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

_ X __ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ X _ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

_ X __ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

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

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

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jan 2019) (41 U.S.C. 3509).

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

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

(iv) 52.204-25, Prohibition on Contracting for Certain…