RFQ-_75A50119Q00030_FY19_Shipping_Containers_Sol.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

CODE 16. ADMINISTERED BYCODE

X

X

X

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORASPR-BARDA

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

08/16/2019 1200 ET

08/12/2019

DEMETRIUS KITTRELL

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

75A50119Q00030

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 19 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Atlanta GA 30333 Mail Stop MS-D08 1600 Clifton Road

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

ASPR

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

ASPR-19-01704 ORM-SNS FY19 Procurement of Non-preconditioned Controlled Temperature Shipping Containers Period of Performance: 09/01/2019 to 09/30/2019

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

KIM H. MORRIS

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

19 2 of

COMBINED SYNOPSIS/SOLICITATION

Solicitation Number: 75A501-19-Q-00030

THIS IS A TOTAL SMALL BUSINESS SET-ASIDE

SECTION 1 - INTRODUCTION

The Division of Strategic National Stockpile (DSNS) has a need for Non-preconditioned Controlled Temperature Shipping Containers.

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation will not be issued.

(ii) The solicitation number is 75A501-19-Q-00030, and is hereby issued as a Request for Quote (RFQ) using the Simplified Acquisition Procedures for FAR 13 and FAR Part 12.

(iii) The associated North American Industrial Classification System (NAICS) code for this procurement is 561910 – Packaging and Labeling Services, with a small business size standard of $11 million.

(iv) Office of the Assistant Secretary for Preparedness and Response (ASPR), Division of Strategic National Stockpile (DSNS) intends to award a firm-fixed-price contract. .

SECTION 2 - PRICING

The Offeror shall fill out the following pricing sheet by either filling in the dollar amounts or provide a separate excel spreadsheet containing the same information. The Offeror’s quote must include the following:

Item

Description

QTY

Delivery Date (On or before)

Deliver To

Unit Price

Total Price

0001 Non-Preconditioned Controlled Temperature Shipping Container Med

63 EA 30 Sep 2019 Honolulu, HI

0002 Non-Preconditioned Controlled Temperature Shipping Container Large

630 EA 30 Sep 2019 Honolulu, HI

0003 Non-Preconditioned Controlled Temperature Shipping Container Med

48 EA 30 Sep 2019 Ontario, CA

0004 Non-Preconditioned Controlled Temperature Shipping Container Large

480 EA 30 Sep 2019 Ontario, CA

0005 Non-Preconditioned Controlled Temperature Shipping Container Med

16 EA 30 Sep 2019 Atlanta, GA

0006 Non-Preconditioned Controlled Temperature Shipping Container Large

155 EA 30 Sep 2019 Atlanta, GA

0007 Non-Preconditioned Controlled Temperature Shipping Container Med

15 EA 30 Sep 2019 DFW, TX

0008 Non-Preconditioned Controlled Temperature Shipping Container Large

75 EA 30 Sep 2019 DFW, TX

0009 Non-Preconditioned Controlled Temperature Shipping Container Med

15 EA 30 Sep 2019 Salt Lake City, UT

0010 Non-Preconditioned Controlled Temperature Shipping Container Large

75 EA 30 Sep 2019 Salt Lake City, UT

0011 Non-Preconditioned Controlled

Med

15 EA 30 Sep 2019 Columbia, MD

0012 Non-Preconditioned Controlled

Large

75 EA 30 Sep 2019 Columbia, MD

0013 Non-Preconditioned Controlled

Med

15 EA 30 Sep 2019 Olive Branch, MS

0014 Non-Preconditioned Controlled

Large

75 EA 30 Sep 2019 Olive Branch, MS

TOTAL:

The Offeror shall deliver requested amount of Non-Preconditioned Controlled Temperature Shipping Containers.

SECTION 3 – STATEMENT OF WORK

PURPOSE

The purpose of this requirement is to provide the Division of Strategic National Stockpile (DSNS), a vehicle to ship temperature controlled products using a non-preconditioned shipping container in order to support "emergency responses". Specifically, DSNS has the need for significant quantities of Non-Preconditioned Controlled Temperature Shipping Containers that does not require the use of Dry-Ice.

DEFINITIONS

NON-Precondition - Product will be used in austere environments and does not require cold storage, nor being placed in a refrigerator or freezer prior to its use, nor tethered to a power-driven or other mechanical device during Cold-Chain Management (CCM) shipment.

Dry Ice – Container must not require the use of Dry-Ice in order to maintain a temperature range of 2°C and 8°C during transit of temperature controlled shipments

REQUIREMENTS

The logistic (LOG) unit for the DSNS is responsible for maintaining temperature control of the vaccine assets contained within the CCM Shippers that will be deployed during a Smallpox Post Event or during other Public Health emergencies or special events. The LOG unit wishes to make an informed decision regarding the acquisition and implementation of CCM Shippers, to establish an acceptable shipping container that meets or exceeds our specific expectations in austere environments.

Requirements specifications: (no specific priority or weighted value are implied from the list as outlined)

• Temperature controlled packing validated to maintain contained product at a temperature range of 2°C and 8°C for at least 84 hours without preconditioning

• The passive shipping container provides effective CCM shipping without the use of dry ice, or preconditioned gel packs or ice-packs.

• Maintain a temperature range of 2°C and 8°C during transit regardless of external temperatures experienced during transit to any populated location.

• The use of Dry Ice, power-driven, or other mechanical devices to prepare or maintain the temperature requirement is not acceptable.

• Pack out time of less than two minutes per shipping container

• Two different sizes of boxes e.g., Large Container (payload compartment capacity up to

9.5L x 8.7W x 4.8H”) and Medium Container (payload compartment capacity up to 8.5L x 4.7W x 2.7H”) are expected to be used for shipping vaccine items.

• ISTA-3A Drop Test and ISTA 7D Winter and Summer Protocol will be followed and documented to ensure that the container can maintain the set standards mentioned.

• Information must be reviewed and approved by SNS QC Team

• The cooling device will have a minimum shelf life of 2 years from date of delivery

(longer shelf live is preferred).

• The shipping/insulated box will have a minimum shelf life of 2 years from date of delivery (longer shelf live is preferred).

• Manufacture date, manufacturer item/model number and manufacture name will be printed on the container in a visible location when the product is stored in warehouse racking.

• Must provide end user operation packaging protocol instructions for each model purchased

• Must provide web site and phone contact information for end user to contact for help assistance.

• Must include statement on end user directions for safe disposal and any associated material risks by end user

• Must describe their QA/QC Validation Approach

• Must describe their General Qualification Acceptance Criteria

• Must describe their testing philosophy approach and methodology (Software and

Hardware, Factory Acceptance Testing)

• Must provide Qualification verification letter for all units sold

• Must define how future upgrades affect other listed requirements

• Passive temperature maintenance is required to activate (Non-electrical).

• The ability to be stored by means of stacking or palletizing in ambient temperature between

• 17°C and 25°C (63°F and 77°F) is preferred to maintain the container in full, ready-to-use condition.

• Offeror must be able to deliver requested CCM Shipping Containers to required U.S. jurisdictions within the continent, Pacific, and the Caribbean regions (delivery to be determined by SNS).

• Offeror must notify SNS Receiving Sites prior to shipping in order to make a scheduled delivery appointment(s).

• Shipping addresses and POC’s will be provided at time of award. Offeror must contact receiving site POC prior to shipping products in order to receive access into delivery point.

• Shipping shall be by F.O.B. destination.

Delivery Date: On or before 30 September 2019.

SECTION 4 – MINIMUM QUALIFICATIONS AND LEVEL OF EFFORT

• Offeror must provide industry standard type of quality report for shipping pharmaceuticals for their Non-Preconditioned Controlled Temperature Shipping Container with ISTA testing data informing that the shipper meets the standards as required per the SOW. Data from offeror’s industry standards type of quality report is to be reviewed and approved by SNS Quality Control Section. Failure in providing industry standard type of quality report for their Non-Preconditioned Controlled Temperature Shipping Container will result in Offeror being ineligible for award.

• Large Container (payload compartment capacity up to 9.5L x 8.7W x 4.8H”) and Medium Container (payload compartment capacity up to 8.5L x 4.7W x 2.7H”)

SECTION 5 - GENERAL INSTRUCTIONS

1. All Quotes shall be clear, concise, and shall include sufficient detail based on the solicitation requirement. Offers are required to meet solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or sub-factors. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. Quotes must provide adequate detail for effective evaluation.

2. The quote shall consist of two volumes: Volume 1, the Technical Quote, and Volume

II, the Price Quote. There is no page limit for either volume. Quote format must follow the instructions in FAR 52.212-1. Offerors must submit two electronic versions of their quote documents (in MS Office Word, Excel, or PDF) one with pricing and one without.

3. Offerors must honor quotes for 30 days from the closing date of this RFQ.

4. This solicitation is a total small business set-aside, and only qualified offerors may submit quotes.

5. To be eligible to receive an award resulting from this solicitation, the Offeror must be registered in the System for Award Management. To register apply via the Internet at http://www.sam.gov. For questions on registration, contact Federal Service Desk at 866-606-8220. Include FAR 52.212-3, Offeror Representations and Certifications with Offer or indicate if it is available online at SAM.gov.

6. It is the Offeror’s responsibility to be familiar with the applicable clauses and provisions. Clauses and provisions may be accessed via the Internet at website https://acquisition.gov/browse/index/far.

DUE DATES AND POINT OF CONTACT (POC) INFORMATION

Questions Due Date: Inquiries concerning this solicitation must be submitted in writing via email to Demetrius Kittrell at Demetrius.Kittrell@hhs.gov, no later than August 14, 2019 by 12:00PM EST. Reference: 75A501-19-Q-00030 in the subject line. Telephone requests for information or questions will NOT be accepted.

Any changes to the solicitation will be made by an amendment. It is the Offeror’s responsibility to monitor the Federal Business Opportunities (FBO) website for the release of an amendment to this combined synopsis/solicitation (if any).

Quote Due Date: All quotes must be received no later than August 16, 2019 by 12:00PM EST, and submitted via email to Demetrius Kittrell at the email address indicated above. No telephonic quotes will be accepted.

SECTION 6 - EVALUATION FACTORS

A. INSTRUCTIONS TO OFFERORS

1. This acquisition will utilize the Lowest Priced Technically Acceptable (LPTA) procedure to make a best value award. A decision on the technical acceptability of each offeror’s quotations will be made. For those offerors which are determined to be technically acceptable, award will be made to that vendor with the lowest overall price. While the Government will strive for maximum objectivity, the technical process, by its nature, is subjective; therefore, professional judgment is implicit throughout the evaluation process.

2. The Government intends to make an award based on the initial quotations. If further questions are required, the contracting officer may contact the offeror or offerors. Award will be made to the responsible offeror whose quotation conforms to all solicitation http://www.sam.gov/ https://acquisition.gov/browse/index/far mailto:Demetrius.Kittrell@hhs.gov requirements, such as terms and conditions, representations and certifications, technical requirements, and also provides the best value to the Government based on the results of the evaluation described in paragraph B. below.

3. Offerors shall provide brand name, similar characteristics or equal products. If the proposed item does not have the same or similar requested characteristics as the one provided, the Offeror must submit enough information to allow the Government to make a determination that the substituted/alternative item is of equal specifications. Failure to do so will result in Offeror being ineligible for award.

B. EVALUATION CRITERIA

The LPTA evaluation process will be accomplished as follows:

1. For the purpose of award, the government shall evaluate offers based on the evaluation factors described below:

a. FACTOR 1: Technical Acceptability

b. FACTOR 2: Cost/Price

FACTOR 1 - Technical Acceptability: Each offeror’s technical quotations will be evaluated to determine if the offeror provides a sound, compliant approach that meets the requirements of SOW and demonstrates a thorough knowledge and understanding of those requirements. For technical acceptability, the offeror must meet the minimum requirements.

a. The offeror shall provide items that meet all of the requirement specifications in the

SOW.

b. The offeror shall meet the delivery location and schedule.

c. The offeror shall provide a discussion of their technical approach for providing the product and/or services for this requirement.

FACTOR 2 - Cost/Price: Cost/Price, while being an important factor, is not in and of itself the determining factor in the selection of the successful offeror for award of the contract contemplated by this solicitation. Cost/Price is not scored; rather, each offeror's cost will be evaluated for realism, reasonableness, and completeness of the proposed contract cost.

4. An evaluation rating of Technically Acceptable / Non-Acceptable will be assigned upon completion of the technical quotations evaluation. If an Offeror receives a technical rating of “Non-Acceptable” they will not be considered for award.

5. Price Quotations: The offeror's Price quotations will be evaluated by contract line item number (CLIN) level and the offerors with the lowest overall Price will be ranked accordingly.

6. If adequate price competition is not obtained or if price reasonableness cannot be determined using price analysis of Government-obtained information, additional information in accordance with FAR 15.4 may be required to support the proposed price.

SECTION 7 - CONTRACTING OFFICER

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

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

SECTION 8 – CONTRACTING OFFICER REPRESENTATIVE

The contracting officer representative’s (COR) name will be provided at time of award.

The COR is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the Statement of Work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance.

SECTION 9 – CLAUSES

FAR 52.252-2 -- CLAUSES INCORPORATED BY REFERENCE. (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/far1toc.htm http://www.hhs.gov/policies/hhsar/subpart301-1.html

a. FEDERAL ACQUISITION REGULATION (FAR) CLAUSES

FAR SOURCE TITLE AND DATE

52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) 52.212-4 Contract Terms and Conditions- Commercial Items (Oct 2018) http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/far1toc.htm http://www.hhs.gov/policies/hhsar/subpart301-1.html

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

52.243-1 Changes-Fixed Price (Aug 1987)

b. DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATION

(HHSAR) CLAUSES

HHSAR SOURCE TITLE AND DATE

352.222-70 Contractor Cooperation in Equal Employment Opportunity

Investigations (Dec 2015)

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (May 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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations

(Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 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.]

(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).

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

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

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (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.

(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)).

(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).

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

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

X (28) (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.

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

(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).

(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).

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

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

X_ (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.]

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

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

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

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

U.S.C. chapter 67).

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

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

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

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

13658).

(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) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

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

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).

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

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

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

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

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

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

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

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

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

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

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

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

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph

(e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

INVOICES

(a) Invoice Submission.

(1) The Contractor shall submit invoices once per month.

(2) A proper invoice, with all required back-up documentation shall be sent electronically, via email, to the COR mailbox:

(i) Contracting Officer's Representative (COR):

(3) A proper invoice, not including non-invoice related documents (i.e. deliverables, reports, balance statements) shall be sent electronically, via email, to:

(i) Contract Specialist via mailbox: Demetrius.Kittrell@hhs.gov

(ii) (ii) Financial Management Service (FMS) via mailbox: psc_invoices@psc.hhs.gov mailto:Demetrius.Kittrell@hhs.gov mailto:psc_invoices@psc.hhs.gov

(4) The subject line of your email invoice submission shall contain the contract number, order number (if applicable), and the number of invoices. The Contractor shall send one email per contract per month. The email may have multiple invoices for the contract. Invoices must be in the following formats: PDF, TIFF, or Word. No Excel formats will be accepted. The electronic file cannot contain multiple invoices; example, 10 invoices requires 10 separate files (PDF or TIFF or Word).

(5) Invoices shall be submitted in accordance with the contract terms, i.e. payment schedule, progress payments, partial payments, deliverables, etc.

(6) All calls concerning contract payment shall be directed to the COR.

(7) 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.

(b) Invoice Elements.

(1) In accordance with FAR 52.212-4, Contract Terms and Conditions-Commercial Items, the Contractor shall submit an electronic invoice to the email addresses designated in the contract to receive invoices. A proper invoice must include the following items:

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract 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.

(B) In accordance with the requirements of the Debt Collection Improvement Act of 1996, all payments under this order will be made by electronic funds transfer (EFT). The Contractor shall provide financial institution information to the Finance Office designated above in accordance with FAR 52.232-33 Payment by Electronic Funds Transfer - System for Award Management.

(2) Additionally, the Program Support Center (PSC) requires:

(i) the invoice to break-out price/cost by contract line item number (CLIN) as specified in the pricing section of the contract

(ii) the invoice to include the Dun & Bradstreet Number (DUNS) of the Contractor

(End of Clause)