75H70523Q00001- RFQ Virtual Coding.pdf

75H70523Q00001

MEDICAL CODING

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION BLOCK

B.1. CONTRACT ADMINISTRATION DATA…………………………………………………………………. 4

B.2 INVOICES………………………….…………………………………………………………………………. 4

B.3 PAYMENT……………………………………………………………………………………………………. 5

B.4 PLACE OF PERFORMANCE………………………………………………………………………………... 6

B.5 PERIOD OF PERFORMANCE………………………………………………………………………… …. 6

B.6 SCHEDULE OF PRICES/COSTS……………………………………………………………………………. 6

B.7 PERFORMANCE WORK STATEMENT ……………………………………………………………………8

B.8 REPORTING REQUIREMENTS …………………………………………………………………………… 9

B.9 PROFESSIONAL QUALIFICATION REQUIREMENT ………………………………………………….. 10

B.10 GOVERNMENT FURNISHED PROPERTY……………………………………………………………….. 10

B.11 CONTRACTOR FURNISHED EQUIPMENT………………………………………………………………..11

B.12 CONTRACTING OFFICER REPRESENTATIVE (COR) ………………………………………………… 13

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE …………………………………………………. 14

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS………………………………………………………………. 14

C.3 52.216-24 LIMITATION OF GOVERNMENT LIABILITY……………………………………………….. 18

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT……………………………………… 18

C.5 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR ……………………………… 19

C.6 52.216-18 ORDERING……………………………………………………………………………………… 19

C.7 52.216-19 ORDER LIMITATIONS………………………………………………………………………… 19

C.8 52.216-21 REQUIREMENTS……………………………………………………………………………….. 20

C.9 52.222-49 -- SERVICE CONTRACT LABOR STANDARDS…………………………………………….. 20

C.10 DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATION

(HHSAR) (48 CFR CHAPTER 3) CLAUSES…………………………………………………………………….. 21

C.11 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACCT…………………………… 21

C.12 352.239-75 KEY PERSONNEL ………………………………………………………………………….. 21

C.13 352.226-4 NOTICE OF INDIAN SMALL BUSINESS IEE SET-ASIDE…………………………………... 21

C.14 352.226-6 INDIAN ECONOMIC ENTERPRISE SUBCONTRACTING LIMITATIONS ………………. 21

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 APPLICABLE DOCUMENTS………………………………………………………………………………… 23

D.2 DEFINITIONS………………………………………………………………………………………………….. 24

D.3 BACKGROUND INVESTIGATION…………………………………………………………………………... 25

D.4 SECURITY NOTICE…………………………………………………………………………………………… 24

D.5 BUSINESS ASSOCIATES AGREEMENT

D.6. IHS SECURITY AGREEMENT SUMMARY

D.7 ISH IEE REPRESENTATION FORM

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS

E.2 52.212-2 EVALUATION--COMMERCIAL ITEMS

E.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS

E.4 52.216-1 TYPE OF CONTRACT

E.5 52.233-2 SERVICE OF PROTEST

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

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 #_________________________

Phone_________________________

E-Mail ________________________

Person responsible for Contractor Performance Assessment Reporting System (CPARS), reporting if different from above:

Name: _________________________________

Title: _________________________________

Email: _________________________________

CONTRACTOR REGISTRATION: All required information must be in the System for Award Management (SAM) at www.sam.gov.

GOVERNMENT:

Karen McDonald Indian Health Service 2225 Cooperative Ct NW Bemidji, MN 56601 karen.mcdonald@IHS.gov

NAICS:

The associated North American Industrial Classification System (NAICS) code for this procurement is 518210 with a small business size standard of $35.0.

CONTRACT TYPE: Indefinite Delivery Contract, Indefinite Delivery-Indefinite Quantity

B.2 INVOICES: 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.

INVOICE INSTRUCTIONS:

HHSAR 352.232-71 Electronic Submission of Invoice Payment Requests (Feb 2022)

Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP). "Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

- A copy of the Contractor’s invoice shall be included with the IPP invoice. If no invoice is attached, the Invoice will be rejected;

- List of deliverables;

- Timesheets if applicable - Number of hours worked with corresponding labor category and rate

(a) Definitions. As used in this clause— Payment request means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Department of Treasury Invoice Processing Platform (IPP) or successor system. Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with HHS procedures.

Guidance for proper registration and training:

IPP is a secure, web-based electronic invoicing system. Respondents are required to register an account with IPP if they have not already done so. If your organization is already registered to use IPP, you will not be required to re-

�register however, we encourage you make sure your organization and designated IPP user accounts are valid and up to date.

The IPP website address is: https://www.ipp.gov

Training for vendors can be located at: https://www.ipp.gov/vendors/training-vendors

If you require assistance registering or IPP account access, please contact the Department of the Treasury's IPP Helpdesk at (866) 973-3131 (M-F 8AM to 6PM ET), or IPPCustomerSupport@fiscal.treasury.gov

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

B.3 PAYMENT

a) The IHS Bemidji Division of Finance is designated for payment processing. Payment shall be made by electronic funds transfer (EFT). Payment shall be made in arrears.

b) 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.

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

B.4 PLACE OF PERFORMANCE: VIRTUAL

Indian Health Service Red Lake Indian Hospital

24760 Hospital Dr.

RedLake, MN. 56671

B.5 PERIOD OF PERFORMANCE:

Government anticipates a Base plus 4 option years

FAR 52.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE.

It is expressly agreed and understood that this is a non-personal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor are rendered in its capacity as an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over professional aspects of the services rendered, including by example, the Contractor’s professional medical judgment, diagnosis, or specific medical treatments. The Contractor shall be solely liable for and expressly agrees to indemnify the Government with respect to any liability producing acts or omissions by it or by its employees or agents. The Contractor shall maintain during the term of this contract liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence: amount normally prevailing within the local community for the medical specialty concerned.

B.6 SCHEDULE OF PRICE /COSTS

The quantities in the Schedule are for pricing purposes and basis for evaluation for award and do not represent what the Government will order. The Government is using the Indefinite-Delivery, Requirements type contract because exact quantities cannot be pre-determined. The Government will issue orders in accordance with the Ordering and Requirements Clauses as needs arise and the contractor will be reimbursed for exact quantities performed at the prices quoted. The Government will Order during the life of this contract a minimum of $140,000.00 and a maximum of $750,000.00.

a. BASE YEAR PRICING:

ITEM

NO.

TYPE OF SERVICE YEARLY

ESTIMATED

QUANTITY

UNIT OF

ISSUE

UNIT

PRICE

TOTAL

AMOUNT

1. Outpatient Coding 22,000 Ea. $ 2 Inpatient Admissions Coding 240 Ea. $ 3 Visit documentation audits 300 Hr. $ 4 Provider training 40 Hr. $

BASE YEAR TOTAL $

b. OPTION YEAR I:

NO.

TYPE OF SERVICE YEARLY

ESTIMATED

QUANTITY

UNIT OF

ISSUE

UNIT

PRICE

TOTAL

AMOUNT

1. Outpatient Coding 22,000 Ea. $ 2 Inpatient Admissions Coding 240 Ea. $ 3 Visit documentation audits 300 Hr. $

OPTION YEAR I TOTAL $

c. OPTION YEAR II:

NO.

TYPE OF SERVICE YEARLY

ESTIMATED

QUANTITY

UNIT OF

ISSUE

UNIT

PRICE

TOTAL

AMOUNT

1. Outpatient Coding 22,000 Ea. $ 2 Inpatient Admissions Coding 240 Ea. $ 3 Visit documentation audits 300 Hr. $

OPTION YEAR II TOTAL $

d. OPTION YEAR III:

NO.

TYPE OF SERVICE YEARLY

ESTIMATED

QUANTITY

UNIT OF

ISSUE

UNIT

PRICE

TOTAL

AMOUNT

1. Outpatient Coding 22,000 Ea. $ 2 Inpatient Admissions Coding 240 Ea. $ 3 Visit documentation audits 300 Hr. $

OPTION YEAR III TOTAL $

e. OPTION YEAR IV:

NO.

TYPE OF SERVICE YEARLY

ESTIMATED

QUANTITY

UNIT OF

ISSUE

UNIT

PRICE

TOTAL

AMOUNT

1. Outpatient Coding 22,000 Ea. $ 2 Inpatient Admissions Coding 240 Ea. $ 3 Visit documentation audits 300 Hr. $

OPTION YEAR IV TOTAL $

a. BASE YEAR: $_____________________

b. OPTION YEARS: $_____________________

c. GRAND TOTAL: $_____________________

B.7 PERFORMANCE WORK STATEMENT:

SCOPE OF WORK

Medical Coding & Data Entry Service

INTRODUCTION:

This performance work statement describes the requirements for reviewing health record encounters and completing medical coding services to support revenue cycle and legal health record functions for the Red Lake Hospital, in Red Lake Minnesota.

BACKGROUND:

The Red Lake Hospital is an acute care hospital in northern MN. The Hospital is currently working to convert to Critical Access Hospital status per Centers for Medicare/Medicare requirements for Indian Health Services (IHS). The Hospital operates a 15-bed inpatient unit, a robust emergency department, and a complement of ambulatory care services including the following: Family Practice, Internal Medicine, Pediatrics, OB/GYN, Optometry, Physical Therapy, Behavioral Health, Health Promotion, Public Health Nursing, and various specialty services, such as Nephrology, foot care/surgery, etc. Red Lake Hospital has one satellite clinic, Ponemah Health Center.

Medical Records is an integral part of health care services. Medical coding and correct data entry of services directly impacts every aspect of this Service Unit and is a critical step in the overall revenue cycle. The timely completion of medical coding and data entry is critical to the facility’s ability to optimize third-party reimbursement collections, meet regulatory accrediting requirements for compliance, data quality, and accurate and complete patient health information for health care providers to render treatment, and maintain a complete patient medical record.

Red Lake Hospital requires on-going off-site assistance with completion of specialty medical coding and data entry for Inpatient, Emergency Department (ED), and Behavioral Health (BH) visits documented in the electronic health record system. This is due to one of the following situations: conversion to Critical Access Hospital status that includes specialized knowledge of acute/non-acute days and observation status requirements; medical coding for specialized visits including the ED/BH; maintaining daily coding productivity due to coding vacancies; and address backlogs of un-coded visits that exceed ORAP facility threshold.

PURPOSE OF CONTRACT

The purpose of the contract services is to provide off-site PCC and EHR analysis, review and complete coding of encounters in the coding queue for Inpatient/ED/BH visits. These medical coding services will support revenue cycle management activities, retrospective provider audits, and staff instructions/training based upon audit findings/SU requests/new initiatives.

THE CONTRACTOR WILL PROVIDE:

The Contractor will provide qualified personnel to perform off-site coding and coding queue services for the Red Lake Hospital as assigned. Medical coding also includes Data Entry, Compliance Auditing and Reporting. The Medical Coding services shall include the following:

a) The Contractor will need to comply with Federal Personal Security/background check requirements including the

HHS 975 form for PIV card. Uphold highest standards for HIPAA.

b) The Contractor shall code and make complete and accurate all assigned medical visits (inpatient, ED, Behavioral

Health) via the IHS RPMS, EHR, PCC and Admission/Discharge/Transfer (ADT) systems using IHS and National Reporting and Coding Guidelines.

c) Assignment of E/M, CPT, HCPCS shall be completed and modified/appended via the RPMS system using mnemonic

CPE.

d) The IHS “visit verification coding queue” (VVQ) shall be accessed for review, accuracy, and completion of medical visits before a claim can be generated. Upon report findings the Contractor will document in EHR notifications and provide follow-up in writing or via phone to improve communication and education for all physician and ancillary staff.

e) When editing, appending, merging, moving data elements and deleting duplicate entries shall be part of the process with application for reporting requirements via the RPMS system.

f) The Contractor will review visit encounter documentation for accuracy and completeness to the highest allowable level so the IHS receives the appropriate level of reimbursement. National Coding Guidelines will be applied. When there is an application of “billing/claims” guidelines based on the payer – the guidelines shall be applied via the Third-Party Billing (TPB) system with feedback to the staff shall be provided.

g) The Contractor will provide on-site training as needed/requested.

h) Conference Calls will established bi-monthly. Agendas will be provided prior to each conference call.

i) The Contractor will comply with all Federal and State Regulations and IHS’s Third Party Resource and Internal

Control Policy, the Debt Collection Policy, and the IHS’s statistical and reporting systems for all departments. The Contractor shall comply with the American Hospital Association (AHA)/CMS Official Coding Guidelines for ICD9- CM, ICD-10-CM and the Current Procedural Terminology (CPT) Guidelines, and any specific IHS coding and data entry policies and procedures. The turnaround timeframes that the contractor shall be held to will be those listed in the Internal Control Policy for all processes of the revenue cycle.

B.8 REPORTING REQUIREMENTS

Monthly Reporting:

Tally of Reviewed/Completed Visits by Operator. The Contractor shall deliver a standardized report to the Business Office Manager on a monthly basis which includes at a minimum the following: Method of report delivery to be determined by IHS.

a. Health Record Control Number #

b. Provider name

c. Date of Service

d. Date stamped review/completed

Identified trends should be communicated quarterly as part of the quality assurance plan.

Weekly report of forms processed for data entry, inpatient and outpatient coding, and Revenue Cycle Management Services.

Weekly report of discrepancies/patterns of improper code assignments and documentation issues will be provided to the Service Unit to be used in quality improvement activities.

CONSULTANT/AUDITING SERVICES:

The Contractor shall provide on the job training for individual staff and program development on various functions pertaining to the revenue generation cycle. The consultant/auditing services shall include the following:

a) In the implementation of new work flow processes, training provided and other consultative services provided, the Contractor shall comply with industry standards, applicable IHS rules and regulations, state and federal law, including but not limited to the OIG recommendations on compliance programs and HIPAA requirements.

b) The Contractor shall work with the pertinent staff and programs to initiate a process change and develop evaluation criteria for the effectiveness of the change.

c) The Contractor shall develop a concurrent program for providers and other staff to improve documentation to ensure proper and accurate coding for revenue generation purposes.

d) The Contractor shall perform audits in individual internal Business Office processes of the staff per the request of the COR in accordance with Standard Auditing practices. The Contractor shall not audit their processes.

B.9 PROFESSIONAL QUALIFICATIONS CRITERIA

Relevant coding certification (e.g. AAPC CPC) and experience with coding Inpatient, Emergency Department, and Behavioral Health visits.

Knowledge of rules, operations and business practices of the Indian Health Service Knowledge of IHS and HIPAA regulations and Computer Security.

Knowledge of medical terminology, anatomy and physiology, clinical medicine, diagnostic test, pharmacology and the various medical specialties as required in areas of responsibility.

Ability to use designated reference materials.

Knowledge of Official ICD-10 Hospital Inpatient and Outpatient Coding Guidelines, CPT, E&M and HCPCS Coding.

Knowledge of the Resource Patient Management System (RPMS) Data Entry System.

Will keep current to include training with RPMS packages and patches.

The contractor must have at least three (3) years of experience working with health care facilities in developing revenue enhancement initiatives.

Must have three years or more of experience in coding (ICD-10, HCPCS and CPT 4).

Must have knowledge of a compliance program and requirements.

Must be familiar with the third- party billing RPMS.

Must have basic knowledge of Minnesota and other related alternate resource programs.

RED LAKE HOSPITAL WILL PROVIDE:

a) The Contractor shall have access to the IHS EHR system to view notes and critical information for correct visit information and coding of all evaluation & management, diagnoses, CPT, HCPCS, modifiers and apply medical significance matching of diagnoses to services.

B.10 GOVERNMENT FURNISHED PROPERTY, FACILITIES, AND SERVICES

a. The government will work with the contractor to establish secured connectivity to required systems.

b. The government will provide technical support contacts.

B.11 CONTRACTOR FURNISHED EQUIPMENT, FACILITIES, AND SERVICES

a) CONTRACTOR warrants that assigned professionals (i.e. medical coders) are properly licensed, certified, accredited, trained and experienced, and are in compliance with all pertinent federal and state laws and regulatory rules and regulations.

b) CONTRACTOR will perform ICD-9/10-CM/PCS, CPT, HCPCS coding services in compliance with all rules, regulations, policies, procedures and guidelines, Health Insurance Portability and Accountability Act (HIPAA) and the Centers of Medicare and Medicaid Services (CMS).

c) CONTRACTOR will make the final determination that medico-legal requirements of the record is complete, accurate, and reflects sufficient data to justify the diagnosis and warrant treatment and end results.

d) CONTRACTOR will identify inconsistencies, discrepancies and/or trends within the medical record and discusses with the appropriate medical, nursing, or healthcare providers, and recommends appropriate modifications to include medical necessity under the Correct Coding Initiative.

e) CONTRACTOR will assign and sequence a variety of codes including but not limited to ICD/CPT/HCPCS codes based on the medical record analysis. Assures the final diagnoses and operative procedures as documented by the provider are valid and complete. When multiple diagnoses and procedures are listed, assures the procedure is related to the proper diagnosis.

f) CONTRACTOR will be responsible for reviewing patient medical records and/or health information data via the RPMS/EHR system in order to classify and assign numeric codes with respect to diagnosis, procedures, evaluation and management and other medical and/or related data.

g) CONTRACTOR will analyze and abstract information from the medical record to identify secondary complications and co-morbid conditions to assure appropriate assignment under the Diagnostic Related Group (DRG), Ambulatory Patient Classification (APC) systems, and other alternate resources.

h) CONTRACTOR will examine and interpret health information, documentation, data integrity and medical records for completeness, accuracy and proper data entry.

i) CONTRACTOR will analyze provider documentation to assure the appropriate Evaluation &

Management (E&M) levels are assigned using the correct CPT/HCPCS code.

j) CONTRACTOR will assign ICD-9/10-CM/PCS codes to obtain maximum allocation under the diagnostic related group (DRG), ambulatory patient group (APG), system properly sequencing diagnosis and procedures in order of severity of illness treated.

k) CONTRACTOR will abstract all necessary information in accordance with clinical documentation and assign the appropriate evaluation and management (E&M) level of service, the correct CPT/HCPCS code and ICD-9/10-CM/PCS code.

l) CONTRACTOR will monitor their assigned professional’s performance via direct reports from the facility and random audits to assure the highest level of coding accuracy is maintained.

m) CONTRACTOR services shall include medical coding/data entry and review of coding for encounters in the outpatient care setting.

n) CONTRACTOR warrants that assigned professionals have experience with abstracting, data entry, and provider notification including nursing staff, GPRA and Meaningful Use data elements.

o) CONTRACTOR will assign subject matter experts that are experienced with Minnesota Medicaid (or similar), Medicare and Private Insurance and maintain direct relationships with various third party payors allowing up to date information with adjudication of claims.

p) CONTRACTOR has experience and currently performs medical coding services via Virtual

Private Network (VPN) for various IHS and Tribal facilities and is familiar with the process.

q) CONTRACTOR organizational structure supports current and future demand by recruiting Revenue Cycle Management professionals with requisite skills to bring immediate results.

r) CONTRACTOR expectation of all assigned professional to be responsive and open to client needs and requests.

s) CONTRACTOR will implement a cross training plan for at least one (1) medical coders for possible staff shortages, extended leave, illness, separation, vacations, job abandonment, etc.

t) CONTRACTOR knows and understands the use and disclosure of Protected Health Information, including individually Identifiable Health Information is governed by the Health Insurance Portability and Accountability Act of 1996.

u) CONTRACTOR will maintain routine communication with the Service Unit to understand the specific workload and any other project related needs.

v) CONTRACTOR will perform the coding and data entry services remotely via secure VPN.

w) Security: The CONTRACTOR shall obtain completed IHS ISSO Security Clearance prior to the start of a contract. This clearance will establish that the CONTRACTOR has provided sufficient local telecommunication network firewalls and procedures to ensure patient confidentiality and security consistent with HIPPA (Health Insurance Portability and Accountability Act of 1996) regulations

x) Interconnection Security Agreement (ISA): CONTRACTOR shall provide and complete an

ISA with the IHS, prior to the performance of any actions related to the contract.

y) Business Associate Agreement (BAA): The CONTRACTOR shall complete an approved copy of a BAA to IHS, prior to performance of any actions related to the contract. This BAA will be attached to solicitation.

COMPLIANCE WITH IHS RULES AND REGULATIONS

The contractor will abide by all IHS Rules and Regulations as required. Contractors will complete the annual Computer Security Awareness Training and provide a copy of the certificate to the Project Officer. Indian Health Service Business Partner Interconnection Security Agreement is required to be signed and approved by IHS Security POC and Contractor Security POC.

BUSINESS ASSOCIATE AGREEMENT CLAUSE

Pursuant to the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and its implementing regulation, the Standards of Privacy of Individual Identifiable Health Information at 45 C.F>R Part 160 and 164, Subpart A and E ("Privacy Rule"), the Indian Health Service is required to enter into an agreement with the Business Associate, pursuant to which the Business Associate shall comply with and appropriately safeguard Protected Health Information ("PHT) that it will use and disclose when performing functions, activities or services ("Services") for the Indian Health Service.

The Business Association by signing the contract shall comply with the following terms in addition to other applicable contract shall comply with the following terms in addition to other applicable contract terms and conditions relating to the safekeeping, use and disclosure of PHI.

B.12 CONTRACTING OFFICER REPRESENTATIVE (COR) TBD.

The role of program and technical personnel in monitoring the contract is to assist and advise the Contracting Officer, and act as the COR when so designated by the Contracting Officer. The COR does not have the authority to change or alter the order amount, terms and conditions.

COR activities include—

1. Providing technical monitoring during contract performance and advising the Contracting Officer relating to delivery, acceptance, or rejection of deliverables in accordance with the terms of the contract;

2. Assessing contractor performance;

3. Recommending necessary changes to the schedule of work and period of performance to accomplish the objectives of the contract (The COR shall provide the Contracting Officer a written request along with an appropriate justification and a funding document, if additional funds are needed.);

4. Reviewing invoices/vouchers and recommending approval/disapproval by the Contracting Officer, including providing comments regarding anything unusual discovered in the review;

5. Reviewing and recommending approval or disapproval of technical submissions, subcontractors, overtime, travel, and key personnel changes;

6. Assisting the Contractor in the resolution of technical problems encountered during performance; and

7. Participating, as necessary, in various phases of the contract closeout process;

8. Provide receiving authorization within two days of services/items received or invoiced

POINTS OF CONTACT: TBD

SECTION C - CONTRACT CLAUSES

FEDERAL ACQUISITION REGULATIONS

C.1 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 52.204-7 System for Award Management 52.204-9 Personal Identity Verification of Contractor Personnel.

52.212-4 Contract Terms and Conditions—Commercial Items.

52.224-1 Privacy Act Notification 52.224-2 Privacy Act 52.217-8 Option to Extend Services 52.232-18 Availability of Funds.

52.216-18 Ordering 52.216-19 Order limitations 52.216-21 Requirements 52.216-24 Limitation of Government Liability 52.237-3 Continuity of Services

C.2 52.212-5 -- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS COMMERCIAL ITEMS (Jul 2020)

(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 products and commercial services:

(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 (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (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 products and commercial services:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41

U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (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 (JUN 2020) (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. (NOV 2021) (31 U.S.C. 6101 note).

_X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C.

2313).

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (DEVIATION 2019-01) (15 U.S.C. 657a).

__ (12) 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).

__ (13) [Reserved] _X (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (DEVIATION 2019-01) (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 (DEVIATION 2019-01) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) 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 (NOV 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 (DEVIATION 2019-01) (15 U.S.C. 637s).

__ (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).

__ (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 (DEVIATION 2019-01) (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, Non-manufacturer Rule (SEP 2021) (15U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2022) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

__ (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

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

__ (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.

_X_ (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.

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

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

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (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 (NOV 2021) . (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 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.

_X (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).

__ (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 (NOV 2021) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 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 Products and Commercial Services (NOV 2021) (41

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

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C.

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

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) (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).

__ (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 (NOV 2021) (46 U.S.C. 55305 and

10 U.S.C. 2631).

__ (ii) Alternate I (APR 2003) of 52.247-64.

__ (iii) Alternate II (NOV 2021) 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 products and commercial services:

X_ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).

X_ (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) ( 29U.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).

__ (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).

_X (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (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- 1, 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 products or commercial services. 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 (NOV 2021) (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 (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (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 (NOV 2021) (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 (May2014) (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 (NOV 2021) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (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 (NOV 2021) (46 U.S.C. 55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

C.3 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.4 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.5 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR.

Funds are not presently available for performance under this contract beyond __TBD__. 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 __TBD__, 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.6 52.216-18 ORDERING:

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from: __TBD__ through

___TBD___.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered “issued” when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

C.7 52.216-19 ORDER LIMITATIONS

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $10,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $140,000.00;

(2) Any order for a combination of items in excess of $250,000.00; or

(3) A series of orders from the same ordering office within 4 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

C.8 52.216-21 REQUIREMENTS:

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule.