75H70122R00003 RFP Software Based Medical Support.pdf

INDIAN HEALTH SERVICE

DIVISION OF ENGINEERING SERVICES

INDIAN HEALTH SERVICES (IHS) SOFTWARE-BASED MEDICAL DEVICE SUPPORT

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

Request for Proposal (RFP) 75H70122R00003

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-07.

This is an unrestricted, full and open competition under NAICS Code 511210 with a size standard of $41.5 million.

Issue Date: 12 October 2021

Proposal Due Date: 15 November 2021 at 2:00 P.M. pacific time or earlier due to matthew.phelps@ihs.gov.

The provision at 52.212-1, Instructions to Offerors-Commercial, applies to this acquisition with addenda.

The provision at 52.212-2, Evaluation-Commercial Items is included with addendum in Section M.

The Contracting Officer and primary point of contact for this RFP and resulting award is Matthew Phelps.

He can be reached at (206) 613-2153 and matthew.phelps@ihs.gov.

The table of contents and the rest of this document represent the combined synopsis/solicitation.

Request for Proposal 75H70122R00003 Software-based Medical Device Support

TABLE OF CONTENTS:

Section Taxonomy Section B Schedule of Items Section C Description and Specification (Statement of Work) Section D Packaging and Markings Section E Inspection and Acceptance Section F Deliveries or Performance Section G Contract Administration Data Section H Special Contract Requirements Section I Contract Clauses Section J List of Documents, Exhibits Section K Representations and Certifications Section L Instruction, Conditions and Notices Section M Evaluation Factors for Award

Proposals shall set forth full, accurate, and complete information as required by this request for proposal (including attachments). The penalty for making false statements in proposals is prescribed in 18 U.S.C. 1001.

SECTION B – SCHEDULE OF ITEMS

Item No.

Base Period: January 28, 2022 through January 27, 2023

Quantity Unit Unit Price Amount

Provide Indian Health Service (IHS) with all supervision, labor, and materials necessary to provide five years of web-based medical device support. In order to be considered responsive, the offeror shall offer on all items in the quantities stated in the schedule.

The resulting contract will be firm fixed-price.

0001 Provide Indian Health Service (IHS) with all supervision, labor, and materials to provide one year of Medical Device Product Information in accordance with requirements of the Statement of Work (SOW), or other attachments and notes attached.

EA

0002 Provide Indian Health Service (IHS) with all supervision, labor, and materials to provide one year of the Medical Device Recalls in accordance with requirements of the Statement of Work (SOW), or other attachments and notes attached.

0003 Provide Indian Health Service (IHS) with all of the Medical Device Standardization in accordance with requirements of the Statement of Work (SOW), or other attachments and notes attached. 1 EA $

Total Amount (CLINS 0001-0003) $_____________

Option Period 1: January 28, 2023 through January 27, 2024

0004 Provide Indian Health Service (IHS) with all of Medical Device Product Information in accordance with requirements of the Statement of

0005 Provide Indian Health Service (IHS) with all supervision, labor, and materials to provide one year of the Medical Device Recalls in accordance with

0006 Provide Indian Health Service (IHS) with all supervision, labor, and materials to provide one year of the Medical Device Standardization in accordance with requirements of the Statement of Work (SOW), or other attachments and notes attached. 1 EA $

Total Amount (CLINS 0004-0006) $______________

Option Period 2: January 28, 2024 through January 27, 2025

0007 Provide Indian Health Service (IHS) with all of Medical Device Product Information in accordance with requirements of the Statement of

0008 Provide Indian Health Service (IHS) with all of the Medical Device Recalls in accordance with

1 EA $

0009 Provide Indian Health Service (IHS) with all supervision, labor, and materials to provide one year of the Medical Device Standardization in accordance with requirements of the Statement of Work (SOW), or other attachments and notes attached. 1 EA $

Total Amount (CLINS 0007-0009) $______________

Option Period 3: January 28, 2025 through January 27, 2026

0010 Provide Indian Health Service (IHS) with all of Medical Device Product Information in accordance with requirements of the Statement of

0011 Provide Indian Health Service (IHS) with all supervision, labor, and materials to provide one year of the Medical Device Recalls in accordance with

0012 Provide Indian Health Service (IHS) with all supervision, labor, and materials to provide one year of the Medical Device Standardization in accordance with requirements of the Statement of Work (SOW), or other attachments and notes attached. 1 EA $

Total Amount (CLINS 0010-0012) $______________

Option Period 4: January 28, 2026 through January 27, 2027

0013 Provide Indian Health Service (IHS) with all of Medical Device Product Information in accordance with requirements of the Statement of

0014 Provide Indian Health Service (IHS) with all of the Medical Device Recalls in accordance with

0015 Provide Indian Health Service (IHS) with all supervision, labor, and materials to provide one year of the Medical Device Standardization in accordance with requirements of the Statement of Work (SOW), or other attachments and notes attached. 1 EA $

Total Amount (CLINS 0013-0015) $______________

GRAND TOTAL OF ALL CLINS (0001-0015) $______________

NOTES:

1. Offerors shall submit pricing for each line item in Section B. Failure to propose in this manner may result in proposal rejection. Each price shall be a fully burdened (billable rates inclusive of all costs) to cover, all direct and indirect charges, burdened to include, but not limited to the following: Direct labor, fringe benefits, materials, subcontracts, overhead, general and administrative, quality control, supervision, support functions, facilities capital, cost of money and profit. These rates shall apply on all resulting task orders issued against this contract.

SECTION C – Statement of Work

Clinical Engineering Medical Device Support

Part 1 General Information

1. GENERAL: This is a non-personnel services contract to provide medical device support to the Indian Health Service (IHS) Clinical Engineering Program.

1.1 Description of Services/Introduction: The contractor shall provide the software-based services necessary to perform medical device support to the IHS Clinical Engineering Program as defined in this Statement of Work. The Contractor shall perform to the standards in this contract.

1.2 Background: The IHS Clinical Engineering Program currently relies on the services provided by an external organization to meet the needs described in section 1.4 – Scope of Work. Our program depends on these services to ensure the safety of our patients, uninterrupted accreditation of our facilities, and depends on its technical and financial guidance to make the most effective medical device procurement decisions.

1.3 Objectives: Vendor will provide a software based service through which Clinical Engineering Program members can access medical device information, standardize medical equipment classification, and receive medical device recall alerts.

1.4 Scope: Vendor will provide the Indian Health Service Clinical Engineering Program members the following services/products:

1.4.1 A vendor hosted software platform where CE members can access the following:

1.4.1.1 Medical device product comparison, evaluation, and guidance information showing comparative ratings on medical devices, products and technologies.

1.4.1.2 Market research information, sources and tools showing those medical devices, products and technologies that are most frequently purchased, price range(s) expected/paid, and available suppliers.

1.4.2 Standardized, global naming convention that can be used for IHS medical device inventory classification and categorization of:

1.4.2.1 Manufacturers and suppliers

1.4.2.2 Repair/service providers

1.4.2.3 Specific medical device models

1.4.2.4 Specific types of devices (asset types) and/or services of medical devices, medical device systems, and related items.

1.4.3 Perform periodic and on-demand review of medical device inventory information submitted by the IHS in order to provide data ‘normalization’ and ‘standardization’.

1.4.4 Provide medical device safety recalls and alerts that have been aggregated across several sources such as the Food and Drug Administration (FDA), manufacturers, vendors, end users (hospitals, health facilities, etc.).

1.5 General Information

1.5.1 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is to be used for performance measures against required deliverables/tasks.

1.5.2 Recognized Holidays: Contractor services shall be available on federal recognized holidays.

1.5.3 Hours of Operation: The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this SOW.

1.5.4 Place of Performance: The contractor services to be provided under this contract will take place at the contractor’s facilities.

1.5.5 Type of Contract: The government will award a firm-fixed-priced contract.

1.5.6 PHYSICAL Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use.

1.5.7 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.5.8 Contracting Officer Representative (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance:

maintain written and oral communications with the Contractor concerning technical aspects of the contract:

issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.5.9 Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.5.10 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may effect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.5.11 IPv6: The Office of Management and Budget (OMB) mandates that U.S. federal agencies use the Internet Protocol version 6 (IPv6). In November 2020, OMB issued memorandum M-21-07 "Completing the Transition to IPv6", which outlines the Federal government's strategic intent "to deliver its information services, operate its networks, and access the services of others using only IPv6". The IHS requires all new IT systems (hardware and software) to operate in a pure IPv6 network environment. This includes on-premises services or third-party hosted services that require network integration into the IHS network. The Offeror's solution shall comply with the IPv6 standards profile as defined by the NIST USGv6 Program: https://www.nist.gov/programs-projects/usgv6-program”

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.5. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.6. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

PART 3

SPECIFIC TASKS

3. Specific Tasks:

3.1. Provide software platform, preferably web-based and hosted by the vendor, which users can access to obtain the following information and services:

3.1.1 Medical device product comparison, evaluation, and guidance information showing comparative ratings on medical devices, products and technologies.

3.1.2 Market research information, sources and tools showing those medical devices, products and technologies that are most frequently purchased, price range(s) expected/paid, and available suppliers.

3.1.3 Standardized, global naming convention that can be used for classification and categorization of:

3.1.3.1 Manufacturers and suppliers

3.1.3.2 Repair/service providers

3.1.3.3 Specific medical device models

3.1.3.4 Specific types of devices (asset types) and/or services of medical devices, medical device systems, and related items.

3.1.4 Perform periodic and on-demand review of medical device inventory information submitted by the IHS in order to provide data ‘normalization’ and ‘standardization’.

3.2. Provide an Application Programming Interface, or other equivalent interface, to interconnect to the Nuvolo CMMS in order to:

3.2.1 Import/update various tables within the CMMS including:

3.2.1.1 Manufacturers and suppliers

3.2.1.2 Repair/service providers

3.2.1.3 Specific medical device models

3.2.1.4 Asset types (specific types of devices)

3.2.1.6 Import/update device safety alert and recall notices within a specific section, and related tables

3.2.1.7 Automatically match safety alerts and recalls to specific manufacturer models and individual devices (assets) in order to create the proper work orders and track corrective action(s)

3.2.1.8 Automatically match safety alerts and recalls to specific manufacturer models and provide a ‘negative report’ if the individual devices within the CMMS do not meet the criteria for corrective action(s)

PART 4

DELIVERABLES SCHEDULE

Deliverable Date

1. Provide software platform, preferably web-based and hosted by the vendor, which users can access to obtain the services described in section 3.1.1-3.1.4

No later than 3 months after contract award.

Provide an Application Programming Interface, or other equivalent interface, to interconnect to the Nuvolo CMMS in order to obtain the services described in sections 3.2.1

No later than 3 months after contract award.

C.2 SECURITY REQUIREMENTS

The contractor will have access to unclassified data. The Contractor shall coordinate with IHS to ensure any necessary Non-Disclosure Agreements (NDAs) in place. All Contractor personnel supporting IHS shall be US citizens.

Contract personnel visiting any Government facility in conjunction with this contract shall be subject to the standards of conduct applicable to Government employees. Site-specific approval regarding access to sensitive materials, computer facility access, issue of security badges, etc. shall be coordinated with the COR or Area POC as required.

C.3 CONTRACTOR IDENTIFICATION

Contractor employees shall identify themselves as Contractor personnel by introducing themselves or requesting they be introduced as contractor personnel and display distinguishing badges or other visible identification for meetings with Government personnel. In addition, Contractor personnel shall appropriately identify themselves as Contractor employees in telephone conversations and formal and informal written correspondence.

END OF SECTION

SECTION D – PACKAGING AND MARKING

D.1. MAILING AND SHIPPING REQUIREMENTS

All mailing and shipping required under this contract shall be done in accordance with all applicable laws and regulations.

SECTION E – INSPECTION AND ACCEPTANCE

E.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 address:

http://www.acquisition.gov/far/index.html

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) Number Title Date 52.246-4 Inspection of Services – Fixed-Price Aug 1996

SECTION F – DELIVERIES OR PERFORMANCE

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER

The Contracting Officer (CO) means a person who is the principal individual and responsible representative of the Government with the authority to enter into, administer and/or terminate contracts and make related determinations and findings pertaining to the contract. The Contracting Officer signs all contractual documents, approves and signs all modifications to contracts, processes and approves payment requests, reviews and makes final decisions on contractual discrepancies, and administers the contract. The Contracting Officer is the only authorized individual to make changes to the contract.

G.2 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

(a) Contracting Officer's Representatives (COR), may be appointed for the purpose of representing the Contracting Officer and assuring compliance with the contract requirements.

(b) The COR has NO AUTHORITY to make any changes to the contract or any contract documents.

(c) The COR may approve minor field changes which do not affect the scope, period of performance and/or price of the contract. The COR is authorized to issue notices regarding noncompliance of contract requirements, and to stop work on any portion of the job if the Contractor's methods cause unsafe conditions or will result in noncompliant work which would be impracticable to correct or to replace while permitting other (conforming) portions of the work to continue. Issuance of a Notice of Noncompliance as described herein does not constitute a suspension of work as described in Section I, FAR Clause 52.242-14, Suspension of Work (April 1984).

(d) The COR is appointed in writing and the contractor will receive a copy of the appointment letter.

G.3. INVOICING INSTRUCTIONS

Invoices should be prepared and submitted in accordance with FAR 52.212-4(g). Invoices shall be submitted to the COR and CO for review and approval.

G.4. CERTIFICATION OF PAYMENTS – RELEASE OF CLAIMS (ROC)

The Contractor, when submitting final payment under this contract, shall submit to the Contracting Officer:

(a) A certification that the Contractor has made payment from proceeds of prior payments, or that he will make timely payment from the proceeds of the progress or final payment then due him, to any subcontractors and suppliers in accordance with established contractual arrangements; and

(b) A properly executed Contractor's Release. The Release of Claims form is available from the Contracting Officer. Failure to submit this completed release will result in a delay of final payment.

G.5. PERFORMANCE PERIOD

The contract will be for a base period of one (1) year from January 28, 2022 with four (4) options to extend the term of the contract for four (4) additional one-year periods to be exercised at the discretion of the Government.

Base Period: January 28, 2022 through January 27, 2023 Option Period 1: January 28, 2023 through January 27, 2024 Option Period 2: January 28, 2024 through January 27, 2025 Option Period 3: January 28, 2025 through January 27, 2026 Option Period 4: January 28, 2026 through January 27, 2027

G.6. CONTRACT CLOSE-OUT

The contract will be closed-out in accordance with FAR 4.804. Close-out is completed when all administrative actions have been completed, all disputes settled, release of claims has been received and final payment has been disbursed.

G.7. ADDRESS FOR CORRESPONDENCE

It is the intent of the Government to use electronic means as much as possible while administering this contract.

Most correspondence should be sent via email directly to the Contracting Officer and COR. If sending documents via postal mail, include the Contract Number on all correspondence. Overnight Mail and U.S.

Mail shall be sent to the Contracting Officer, unless otherwise specified, at the following address:

Indian Health Service (IHS) / Division of Engineering Services (DES) Attn: Matthew Phelps or current Contracting Officer 701 Fifth Ave, Suite 1650 Seattle, WA 98104

SECTION H – SPECIAL CONTRACT REQUIREMENTS

SECTION I – CONTRACT CLAUSES

I.1. 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 two web addresses - This for FAR:

https://www.acquisition.gov/far/ and this for HHSAR: http://www.hhs.gov/policies/hhsar/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

52.202-1 Definitions Jun 2020 52.203-3 Gratuities Apr 1984 52.203-7 Anti-Kickback Procedures Jun 2020 52.203-12 Limitation on Payments to Influence Certain Federal Transactions Jun 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights

June 2020

52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011 52.204-13 System for Award Management Maintenance Oct 2018 52.212-4 Contract Terms and Conditions – Commercial Items Oct 2018

52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services

May 2014

52.223-5 Pollution Prevention And Right-To-Know Information May 2011 52.223-6 Drug-Free Workplace May 2001 52.226-1 Utilization of Indian Organizations and Indian-Owned Economic Enterprises Jun 2000 52.227-1 Authorization and Consent Jun 2020 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement Jun 2020 52.227-14 Rights in Data - General May 2014 52.228-5 Insurance – Work on Government Installation Jan 1997 52.229-3 Federal, State, And Local Taxes As a reminder all offerors are responsible for allowing for all applicable state, local and tribal taxes and fees within their proposals and to perform their own due diligence in ascertaining them. Failure to do so will not constitute a request for an equitable adjustment to the contract price.

Feb 2013

52.232-17 Interest May 2014 52.232-23 Assignment Of Claims May 2014 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors Dec 2013 52.233-1 Disputes Alternate I (Dec 1991) May 2014 52.237-2 Protection of Government Building, Equipment, and Vegetation Apr 1984 52.242-13 Bankruptcy Jul 1995 52.242-15 Stop-Work Order Aug 1989 52.243-1 Changes-Fixed Price Aug 1987 52.245-1 Government Property Jan 2017 52.251-1 Government Supply Sources Apr 2012 HEALTH AND HUMAN SERVICES ACQUISITION REGULATION CLAUSES by reference http://www.hhs.gov/policies/hhsar/

352.203-

Anti-Lobbying Dec 2015

352.208-

Printing and Duplication Dec 2015

352.211-1 Public Accommodations and Commercial Facilities Dec 2015 352.211-3 Paperwork Reduction Act Dec 2015 352.224-

Privacy Act Dec 2015

352.226-1 Indian Preference Dec 2015 352.226-2 Indian Preference Program Dec 2015 352.226-3 Native American Graves Protection and Repatriation Act Dec 2015 352.239-

Electronic Information and Technology Accessibility Notice

Dec 2015

352.239-

Electronic and Information Technology Accessibility Dec 2015

I.2 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (SEP 2021)

(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 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, 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 and 108-78 ( 19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (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.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

XX (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).

XX (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

XX (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 (Mar 2020) (15 U.S.C.

657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved] __ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

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

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

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

XX (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 (Sep 2021) (15 U.S.C. 637(d)(4)).

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

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

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2021) of 52.219-9 __ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

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

__ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C.

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

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021)(15 U.S.C. 657f).

XX (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (15 U.S.C. 632(a)(2)).

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Sep 2021) (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 (Sep 2021) (15 U.S.C.

637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.

644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

XX (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

XX (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

XX (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

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

XX (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.

793).

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

XX (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

XX (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

XX (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (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).

__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37) (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.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40) (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.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C.

8259b).

__ (43) (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.

XX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

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

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

__ (48) 52.225-1, Buy American-Supplies (Jan 2021) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021)(41 U.S.C.chapter83, 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 (Jan 2021) of 52.225-3.

__ (iii) Alternate II (Jan 2021) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

XX (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (63) (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) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

XX (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

XX (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

XX (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (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, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

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

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

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial 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 (Jun 2020) (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 Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

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

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

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (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 (Oct 2020) (22 U.S.C. chapter 78 and E.O 13627).

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

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

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

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

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

(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 (Jun 2020) (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)

I.3 FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of the exercise of the last remaining option.

(End of Clause)

I.4 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

a) The Government may extend the term of this contract by written notice to the Contractor at any time before the end date of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 calendar days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

I.5 FAR 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL

CONTRACTORS (OCT 2021) (DEVIATION)

(a) Definition. As used in this clause -

United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.

I.6 HHSAR 352.237-75 KEY PERSONNEL (DEC 2015)

(a) The contractor shall assign to the contract the following key personnel:

Project Manager Any Proposed Key Personnel by Winning Offeror

The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to the contractor voluntarily diverting any of the specified individuals to other programs or contracts the Contractor shall notify the Contracting Officer and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement and provide an explanation of how the replacement's skills, experience, and credentials meet or exceed the requirements of the contract (including, when applicable, Human Subjects Testing requirements). If the employee of the contractor is terminated for cause or separates from the contractor voluntarily with less than thirty days notice, the Contractor shall provide the maximum notice practicable under the circumstances. The Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the Contracting Officer. The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.

SECTION J – LIST OF DOCUMENTS, EXHIBITS & OTHER ATTACHMENTS

ATTACHMENT 01 – Quality Assurance Surveillance Plan (QASP) ATTACHMENT 02 –Past Performance Questionnaire

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF OFFERORS

K.1. FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): Federal Acquisition Regulations -https://www.acquisition.gov/far

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

Number Title Date

52.204-16 Commercial and Government Entity Code Reporting Aug 2020 52.204-19 Incorporation by Reference of Representations & Certifications Dec 2014

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

Aug 2020

K.2 FAR 52.209-7 Information Regarding Responsibility Matters (Oct 2018)

(a) Definitions. As used in this provision— “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings).