RFQ-_X-ray.doc

B.1 CONTRACT ADMINISTRATION DATA

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

CONTRACTOR NAME AND ADDRESS:

TAX ID# _______________________

DUNS # _______________________

GSA # _______________________(if applicable) Phone _______________________ E-Mail _______________________ CONTRACTOR REGISTRATION: All required information must be in the System for Award Management (SAM) at www.sam.gov.

GOVERNMENT:

Karen McDonald

Indian Health Service

522 Minnesota Ave.

Bemidji, MN 56601

CONTRACT TYPE: firm-fixed price

NAICS: 811219

B.2. INVOICE INSTRUCTIONS:: Contractor shall mail a properly prepared original invoice to

Indian Health Service

Attn: AP/Jackie Hazeman

522 Minnesota Ave. NW

Bemidji MN 56601 Jackie.hazeman@ihs.gov In accordance with the Prompt Payment Act, payment will be due 30 days after receipt of services or receipt of a proper invoice, whichever is later. At a minimum, a properly prepared invoice shall include:

1) Name and address of the Contractor.

2) Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of the mailing or transmission.)

3) IHS Contract number:

4) Description, quantity, unit of measure, unit price, and extended price of services performed.

5) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

6) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

7) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

8) Taxpayer Identification Number (TIN).

9) Contractor Dun & Bradstreet Number (DUN’s)

Improperly prepared invoices shall be returned to the contractor and may delay payment.

B.3 SCOPE OF WORK

Service agreement for Hologic Dimensions 3D System and Carestream DRX Revolution Portable System

Equipment

1. Hologic Dimensions 3D 6000 FFDM System—S.N. SDM131500390

2. Carestream DRX Revolution Portable X-Ray System—S.N. 003053 Preventive Maintenance:

I. Scope of work:

Contractor shall provide a full service preventive maintenance and repair contract for the above listed Imaging equipment. Service to include all labor, travel, parts, and one (1) annual preventative maintenance and inspections, on the equipment listed above and associated components, in accordance with the following specifications:

(a) Contractor shall provide all personnel, parts, tools, test equipment, service manuals, computer software and schematics necessary to effect repairs and preventative maintenance procedures on all of the identified equipment during normal work hours.

(b) Contractor is required to be a Carestream and Hologic current certified Distributor with appropriate manufacturer credentialing.

(c) Service coverage shall include availability of DR Panels, and replacement parts for the system, including the x-ray tube.

(d) Service will provide replacement availability of DRX panels against accidental drop breakage within Carestream’s warranty policy for the duration of the contract term. If and when a panel need to be replaced due to accidental drop breakage, a replacement panel can be purchased for a deductible.

Major Duties & Responsibilities:

1. Remote application support

2. Major & minor releases for updates

3. Maintenance software releases

4. 24/7 technical phone support. 30 minute phone response for critical priority service

5. Contractor will help remotely troubleshoot any initial reported issue. If an issue is determined to be be hardware-related, contractor will assist the IHS, to engage the host manufacturer for support at no additional labor charge. Contractor will stay engaged as needed until the issue is resolved to ensure the software is functioning thereafter. If issue is determined to be IHS network related, contractor will work with IHS IT department to resolve.

6. Contractor must have working knowledge of the Hologic Dimension system & Carestream Portable X-ray Revolution system and of supporting software and hardware and interfacing modalities.

7. Perform other contract related duties as required.

II. Conformance standards All services provided under this contract must be performed in conformance with the Federal, State, and local laws and regulations and Original Equipment Manufacturer standards and specifications as well as follow the ACR and MQSA guidelines.

III. Hours of work

1) Hours of work are defined as Monday through Friday from 8am to 5:00pm, excluding Federal holidays or as otherwise arranged with the Contracting Officers Representative (COR).

2) The ten holidays observed by the Federal Government are New Year’s Day, Martin Luther King Day, President’s Day Memorial Day Independence Day Labor Day, Columbus Day Veterans Day, Thanksgiving Day, and Christmas Day. Also, any other day declared by the President of the United States to be a national holiday.

3) Work performed outside of normal working hours of coverage at the request of the Contracting Officer or COR shall be invoiced & billed separately.

IV. Preventive maintenance

1) The Contractor shall perform preventive maintenance procedures during the contract year as arranged with the COR. Preventive maintenance procedures shall be in accordance with the published preventive maintenance manuals for the equipment listed below. The Contractor shall utilize the Original Equipment Manufacturer’s established procedures and checklists, (or Contractor-supplied equivalent satisfactory to the COR). A Field Service Report shall be supplied to the COR at the completion of each preventive maintenance procedure. Preventive maintenance procedures shall include, but is not limited to, the following:

1. Cleaning of equipment (not housekeeping).

2. Completing Original Equipment Manufacturer field service updates for operational and reliability engineering change notices.

3. Performing bi-annual testing in conformance with manufacturers requirements

4. Performing remedial maintenance of non-emergent nature.

5. Testing and replacing faulty and worn parts.

6. Inspecting/replacing electrical components.

7. Inspecting all mechanical components for operational integrity, safety, and performance to Original Equipment Manufacturer specifications.

8. Returning the equipment to operating condition defined in Original Equipment Manufacturer specifications.

9. Replacing any Original Equipment Manufacturer labels, decals, or warning tags that are not legible.

10. Calibration and adjustments

11. Providing documentation of service performed.

12. Changing of equipment IP codes and/or other similar network ID codes, will be included in cost of contract, provided these changes are completed during a regularly scheduled PM service call.

13. Software and hardware updates will be provided by the respective manufacturers of the equipment as necessary to ensure original equipment specifications.

2) The Contractor shall notify the Contracting Officer of the existence or development of any defects in, or repairs to the equipment covered under this contract which the Contractor considers he/she is not responsible for under the terms of the contract (such as operator misuse).

3) All exceptions to the Preventive Maintenance Inspection schedule shall be arranged and approved in advance with the Contracting Officer and COR.

V. Repair service

1) Service shall consist of maintaining the equipment in accordance with the Conformance Standards Section (Section II). Repair service shall consist of replacing parts, calibration, cleaning, oiling, adjusting and maintaining the equipment except those services necessitated by accident, fire or abuse.

2) The Contracting Officer and Contracting Officer Representative have the authority to approve/request a service call from the Contractor.

3) Response Time: The Contractor must be available by phone 24/7 to the Contracting Officer Representative. 30 minute phone response for critical priority service, as needed and authorized by the COR. If the problem cannot be corrected by phone, the Contractor’s Field Service Engineer shall commence work (on-site physical response) within twenty-four (24) hours after receipt of notification and shall proceed progressively to completion without undue delay.

4) On-call /as needed Repairs: any service or associated parts replacement not covered under normal period maintenance. If technician determines machine is in need of parts over and above what is included in the maintenance agreement the technician shall immediately stop work and provide a written estimate of the charges for parts to the COR within one (1) business day of discovering need for repairs. If the COR determines the repairs should proceed, they will notify the Contracting Officer and upon notice to proceed shall contact the contractor to request the repairs.

VI. Parts:

The Contractor shall furnish all parts as necessary to maintain the equipment, covered by this contract, in accordance with the Conformance Standards Section (Section II). The Contractor stipulates that he/she has ready access to new standard parts (manufactured, supplied by the manufacturer, or equal thereto). All parts supplied shall be of correct manufacture and have full compatibility with existing equipment. Documentation of intended parts source(s) shall be provided to the Contracting Officer/COR upon request.

VII. Documentation/reports:

The Contractor shall submit a legible field service report, test reports, which shall include detailed descriptions of the preventive maintenance, test inspection or repair service performed, including replaced parts and estimated prices required for the service call. NOTE: Any additional charges to be claimed must have been approved by the Contracting Officer Representative before service was performed.

VIII. Reporting requirements

The Contractor shall be required to report to the Engineering Department during normal working hours. This check in is mandatory. When the service is completed, the Contractor shall document services rendered on a legible field service report. The Contracting Officer Representative for a signature, during normal working hours.

IX. Competency of personnel servicing equipment:

1) The Contractor’s staff shall include a “fully qualified” Field Service Representative assigned to this contract. “Fully qualified” is based upon training and on experience in accordance to the manufacturer (Hologic & Carestream) guidelines.

2) The Contractor shall provide written assurance of the competency of their personnel by detailing a list of Field Service Representatives along with applicable training and years of service experience on the specific devices covered in this agreement upon to the COR prior to any work/maintenance done on the listed equipment.

X. Test equipment

Upon request of the Contracting Officers Representative or the Contracting Officer, the Contractor shall provide copy of the current Calibration Certification of all test equipment, which is to be used by the Contractor to perform service under this contract. Calibration of equipment shall be traceable and in conformance with test equipment Original Equipment Manufacturer standards.

XI. Safety requirements In the performance of this contract, the Contractor shall take such safety precautions as the Contracting Officer may determine to be reasonably necessary to protect the lives and health of occupants of the building. The Contracting Officer shall notify the Contractor of any safety issues and the action necessary to correct these issues. Such notice, when served on the Contractor or his representative at the work site shall be deemed sufficient for the corrective actions to be taken. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or part of the work, and hold the Contractor in default.

XII. Guideline References www.acraccreditation.org www.acr.og www.fda.gov/radiation-emitting-products/mammography-quality-standards-act-and-program/guidance-mqsa B.4 CONTRACT TYPE: Firm-fixed price contract is anticipated

B.5 PERIOD OF PERFORMANCE: Base + 4 option years is anticipated.

B.6 PLACE OF PERFORMANCE:

Indian Health Service

Red Lake Hospital

24760 Hospital Drive

Red Lake, MN 56671

B.7 PRICES/COSTS:

Equipment:

Hologic Dimensions 3D 6000 FFDM System—S.N. SDM131500390

Carestream DRX Revolution Portable X-Ray System—S.N. 003053 The Contractor’s rate identified for services described herein is considered as an all-inclusive rate. All inclusive is defined to include but is not limited to services, travel, lodging, liability insurance, fringe benefits, federal, state and local taxes, and all other costs pertinent to the performance of this contract.

Preventive Maintenance & Repair

BASE YEAR

Item

No.

TOTAL:

OPTION YEAR ONE

Item

No.

TOTAL:

OPTION YEAR TWO

Item

No.

TOTAL:

OPTION YEAR THREE

Item

No.

TOTAL:

OPTION YEAR FOUR

Item

No.

TOTAL:

TOTAL ALL YEARS: $__________________

Pricing for repairs and parts/materials separately priced from Preventive Maintenance pricing schedule.

A. Repair Service:

Discounted or hourly rate: $ _______ per hour (Contractor to provide published Labor Rate for repairs) B. Parts:

Costs of parts and materials discounted at ______.

C.1 CLAUSES:

FEDERAL ACQUISITION REGULATIONS:

52.252-2 Clauses Incorporated by Reference. This contract incorporates one or more clauses by reference, with 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: www.acquisition.gov 52.202-1 Definitions.

52.204-9 Personal Identity Verification of Contractor Personnel 52.204-7 System for Award Management.

52.204-13 System for Award Management Maintenance 52.212-4 Contract Terms and Conditions - Commercial Items 52.224-1 Privacy Act Notification.

52.224-2 Privacy Act.

52.237-2 Protection of Government Buildings, Equipment, and Vegetation.

52.217-5 Evaluation of Options (Jul 1990)

52.217-8 Option to Extend Services (Nov 1999)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

52.232-18 Availability of Funds (Apr 1984)

52.232-19 Availability of Funds for Next Fiscal Year (Apr 1984)

C.2 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jan 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:

_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).

___ (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]

_ X_ (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).

___ (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.

___ (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)(12)).

___ (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)

X__ (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)

C.3 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least _60__ days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed _60_ (months).

C.4 52.232-19 Availability of Funds for the Next Fiscal Year.

Funds are not presently available for performance under this contract beyond 9/30/2019. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 9/30/2019, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

C.5 52.216-24 Limitation of Government Liability.

(a) In performing this contract, the Contractor is not authorized to make expenditures or incur obligations exceeding the award amount in dollars.

(b) The maximum amount for which the Government shall be liable if this contract is terminated is for services or supplies received and accepted in dollars.

C.6 DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATION (HHSAR) (48 CFR

CHAPTER 3) CLAUSES:, 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.hhs.gov/policies/hhsar/subpart301-1.html 352.202-1 Definitions

352.233-70 Safety and Health 352.222-70 Contractor Cooperation in Equal Employment

Opportunity Investigations

352.224-70 Privacy Act

352.231-71 Pricing of Adjustments 352.227-70 Publications and Publicity 352.208-70 Printing and Duplication 352.239-73 Electronic Information and Technology Accessibility Notice 352.239-74 Electronic Information and Technology Accessibility