75H70625Q00157 SF1449.pdf
PDF 385 KB Posted
- Attached to
- Great Plains Area Hologic Imaging
- Solicitation number
- 75H70625Q00157
About this file
This is a Request for Proposal (RFP) for a comprehensive maintenance service and support agreement for Hologic imaging equipment across multiple facilities in the Great Plains Area Indian Health Service region. The contract is a firm fixed-price type with a base year from 09/01/2025 to 08/31/2026 and four one-year option periods extending through 08/31/2030. The solicitation covers maintenance and calibration services for various imaging devices at Pine Ridge, Rosebud, Belcourt, and Sisseton health facilities, including Selenia Dimensions, SecurView Workstations, TechMate Workstations, and R2 CAD Workstations.
The procurement will be conducted using Lowest Price Technically Acceptable (LPTA) procedures, with proposals evaluated based on meeting all technical requirements and conforming to contract terms. Contractors must provide new equipment and parts, submit training certificates, complete security clearances, and follow specific maintenance intervals prescribed by original equipment manufacturers. The contractor will be responsible for all labor, tools, transportation, and parts necessary for calibration, preventive maintenance, and mechanical/electrical safety testing. Invoices will be submitted through the Invoice Processing Platform (IPP), and the contract includes provisions for security clearances, background investigations, and compliance with various Indian Health Service policies and regulations.
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Other files
| File | Type | Posted |
|---|---|---|
| BNJ mw_Redacted.pdf | ||
| 06-SOW_Updated.pdf | ||
| Bid Schedule.pdf | ||
| Combined synopsis 25Q00157.pdf |
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Text version
SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
IHSPIERRE CODE 16. ADMINISTERED BYCODE
X
X
X
811210
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED OR159
REQUEST FOR
PROPOSAL
(RFP)
INVITATION
FOR BID (IFB)
10. THIS ACQUISITION ISCODE
REQUEST FOR
QUOTE (RFQ)
14. METHOD OF SOLICITATION
13b. RATING
NORTH AMERICAN INDUSTRY
CLASSIFICATION STANDARD
(NAICS):
SMALL BUSINESS
08/20/2025 1700 CT
08/06/2025
605-945-5427MONA WEINMAN
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
75H70625Q00157
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 62 IHS1515917OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
PIERRE SD 57501
420 S GARFIELD, STE 100
PIERRE
15. DELIVER TO
Aberdeen SD 57401 115 Fourth Ave, SE Federal Building
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$34
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FREE ON BOARD
(FOB) DESTINATION UNLESS
BLOCK IS MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS THIS CONTRACT IS A RATED
ORDER UNDER THE DEFENSE
PRIORITIES AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
8(A)
Aberdeen Area Indian Health Servic
WOMEN-OWNED SMALL
BUSINESS (WOSB)
ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Firm fixed-price, non-personal service contract to provide a comprehensive maintenance service and support agreement for various Hologic Imaging equipment located at multiple facilities within the region served by the Great Plains Area Indian Health Service, Aberdeen, South Dakota.
Period of performance will be base year plus four (4), one (1) year option periods.
BASE YEAR: 09/01/2025 to 08/31/2026 OPTION YEAR ONE: 09/01/2026 to 08/31/2027
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
X
XX
DATED
VALERIE K. HEART BROKER
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Government Use Only)
OFFER
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT: REFERENCE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 11/2021) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
OPTION YEAR TWO: 09/01/2027 to 08/31/2028
OPTION YEAR THREE: 09/01/2028 to 08/31/2029
OPTION YEAR FOUR: 09/01/2029 to 08/31/2030
The quoted unit price is an all-inclusive cost.
All-inclusive is defined to include travel, lodging, per diem, fringe benefits, Federal/State/Local taxes, plus any other costs pertinent to the performance of this contract.
Contractors will provide the facility Clinical
Engineering department copies of training certificates and/or a statement of competency for the specific makes/models of equipment their employees will be working on under this purchase order/contract.
Any contractor employees who will be accessing a government owned/rented/leased data system
(including medical devices) will be required to complete the IHS Information System Security
Awareness Training and provide a copy of the certificate of completion to the facility
Clinical Engineering department. Any contractor employees who will be working on-site in an IHS facility shall pass a security clearance, including fingerprints, prior to working on-site and wear and display at all times contractor issued and (if provided) IHS issued photographic identification badges.
Contractors performing preventive maintenance
Continued ...
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
62 2 of
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 62
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
75H70625Q00157
(PM) on medical equipment shall provide the facility Clinical Engineering department a copy of that checklist prior to the work being performed, and a copy of the completed checklist after work is performed. The PM checklist shall follow the original equipment manufacturer's prescribed checks at the OEMs prescribed intervals.
Any parts replaced during repair or during routine maintenance that result in a separate charge to the IHS, shall be given to the facility
Clinical Engineering department for inspection and will not be removed from the facility without express written consent of clinical Engineering.
Contractor's terms and conditions must be presented prior to award to be considered.
Aggregate Period of Performance: 09/01/2025 to
08/31/2030
This award selection will be conducted using
Lowest Price Technically Acceptable (LPTA) procedures. To be eligible for award, a proposal must meet all technical requirements, conform to all required terms and conditions, and include all information required. All non-price evaluation factors must be rated at "ACCEPTABLE" in order to be eligible for award. An
"UNACCEPTABLE" rating in any factor will result in the proposal being rated "UNACCEPTABLE" unless corrected through discussions. A proposal rating of "UNACCEPTABLE" makes a proposal ineligible for award. Since the LPTA methodology prohibits trade-offs, all evaluation factors and sub-factors are equally important. Proposals are evaluated for acceptability but not ranked using the non-price factors.
A price evaluation will be performed for all offerors and proposals will be ranked from lowest to highest price based on the Total Proposed
Price (TPP) provided by the offeror on the price schedule sheet. Next, an evaluation of each factor and, subsequently, the overall proposal will be performed beginning with the lowest priced proposal. Award will be made to the lowest evaluated priced proposal meeting the acceptability standards for the non-price factors. The Government intends to award a
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
4 62
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
75H70625Q00157 contract without conducting discussions;
therefore, the initial proposal shall conform to the solicitation requirements and should contain the best offer from a technical and price perspective.
Note: A price that is found to be either unreasonably high or unrealistically low in relation to the proposed work may be indicative of an inherent lack of understanding of the solicitation requirements and may result in the overall proposal being considered unacceptable.
Period of Performance: 09/01/2025 to 08/31/2026
1 Base Year SMA to cover Hologic Imaging Devices for Pine Ridge Hospital Selenia Dimensions
6000(3D) (SN SDM131500925) (Biomed Control
45PRB-004792)
Delivery: 08/31/2026
2 Base Year Pine Ridge Hospital SecurView
Workstation (SN EDWS151500988) (Biomed Control
45PRB-004792A)
Delivery: 08/31/2026
3 Base Year Pine Ridge Hospital TechMate
Workstation (SN 95LB1T2) (Biomed Control
45PRB-004792B)
Delivery: 08/31/2026
4 Base Year Pine Ridge Hospital R2 CAD Workstation
(SN C0315)
Delivery: 08/31/2026
5 Base Year SMA to cover Hologic Imaging Devices
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
5 62
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
75H70625Q00157 for Rosebud Hospital Selenia Dimensions 5000(3D)
(SN 81403143220) (Biomed Control 45RRB-003206)
Delivery: 08/31/2026
6 Base Year Rosebud Hospital SecurView Workstation
Delivery: 08/31/2026
7 Base Year Rosebud Hospital TechMate Workstation
(SN CA805965) (Biomed Control 45RRB-003206C)
Delivery: 08/31/2026
8 Base Year Rosebud Hospital R2 CAD Workstation
(SN-Unknown) (Biomed Control 45RRB-003206D)
Delivery: 08/31/2026
9 Base Year SMA to cover Hologic Imaging Devices for Belcourt Hospital (QNBMHCF) Selenia
Dimensions 5000(3D) (SN 81008167096) (Biomed
Control 45BLB-002850)
Delivery: 08/31/2026
10 Base Year Belcourt Hospital (QNBMHCF) SecurView
Workstation
Delivery: 08/31/2026
11 Base Year Belcourt Hospital (QNBMHCF) TechMate
Workstation (SN 81408167114) (Biomed Control-None)
Delivery: 08/31/2026
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
6 62
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
75H70625Q00157
12 Base Year Belcourt Hospital (QNBMHCF) R2 CAD
Workstation (SN Unknown) (Biomed Control-None)
Delivery: 08/31/2026
13 Base Year SMA to cover Hologic Imaging Devices for Sisseton Health Center Selenia Dimensions
6000(3D) (SN SDM131501006) (Biomed Control
45SIB-001750)
Delivery: 08/31/2026
14 Base Year Sisseton Health Center SecurView
Workstation (SN EWS151900423) (Biomed Control
45SIB-001750A)
Delivery: 08/31/2026
15 Base Year Sisseton Health Center TechMate
Workstation (SN-None) (Biomed Control-None)
Delivery: 08/31/2026
16 Base Year Sisseton Health Center R2 CAD
Workstation (SN CD1509) (Biomed Control
45SIB-001750C)
Delivery: 08/31/2026
17 OY 1 SMA to cover Hologic Imaging Devices Pine
Ridge Hospital Selenia Dimensions 6000(3D) (SN
SDM131500925) (Biomed Control 45PRB-004792)
(Option Line Item)
08/31/2026
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
7 62
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
75H70625Q00157
Delivery: 08/31/2027
Period of Performance: 09/01/2026 to 08/31/2027
18 OY 1 Pine Ridge Hospital SecurView Workstation
(SN EDWS151500988) (Biomed Control 45PRB-004792A)
(Option Line Item)
08/31/2026
Delivery: 08/31/2027
Period of Performance: 09/01/2026 to 08/31/2027
19 OY 1 Pine Ridge Hospital TechMate Workstation (SN
95LB1T2) (Biomed Control 45PRB-004792B)
(Option Line Item)
08/31/2026
Delivery: 08/31/2027
Period of Performance: 09/01/2026 to 08/31/2027
20 OY 1 Pine Ridge Hospital R2 CAD Workstation (SN
C0315)
(Option Line Item)
08/31/2026
Delivery: 08/31/2027
Period of Performance: 09/01/2026 to 08/31/2027
21 OY 1 SMA to cover Hologic Imaging Devices Rosebud
Hospital Selenia Dimensions 5000(3D) (SN
81403143220) (Biomed Control 45RRB-003206)
(Option Line Item)
08/31/2026
Delivery: 08/31/2027
Period of Performance: 09/01/2026 to 08/31/2027
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
8 62
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
75H70625Q00157
22 OY 1 Rosebud Hospital SecurView Workstation
(Option Line Item)
08/31/2026
Delivery: 08/31/2027
Period of Performance: 09/01/2026 to 08/31/2027
23 OY 1 Rosebud Hospital TechMate Workstation (SN
CA805965) (Biomed Control 45RRB-003206C)
(Option Line Item)
08/31/2026
Delivery: 08/31/2027
Period of Performance: 09/01/2026 to 08/31/2027
24 OY 1 Rosebud Hospital R2 CAD Workstation
(SN-Unknown) (Biomed Control 45RRB-003206D)
(Option Line Item)
08/31/2026
Delivery: 08/31/2027
Period of Performance: 09/01/2026 to 08/31/2027
25 OY 1 SMA to cover Hologic Imaging Devices
Belcourt Hospital (QNBMHCF) Selenia Dimensions
5000(3D) (SN 81008167096) (Biomed Control
45BLB-002850)
(Option Line Item)
08/31/2026
Delivery: 08/31/2027
Period of Performance: 09/01/2026 to 08/31/2027
26 OY 1 Belcourt Hospital (QNBMHCF) SecurView
Workstation
(Option Line Item)
08/31/2026
Delivery: 08/31/2027
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
9 62
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
75H70625Q00157
Period of Performance: 09/01/2026 to 08/31/2027
27 OY 1 Belcourt Hospital (QNBMHCF) TechMate
Workstation (SN 81408167114) (Biomed Control-None)
(Option Line Item)
08/31/2026
Delivery: 08/31/2027
Period of Performance: 09/01/2026 to 08/31/2027
28 OY 1 Belcourt Hospital (QNBMHCF) R2 CAD
Workstation (SN Unknown) (Biomed Control-None)
(Option Line Item)
08/31/2026
Delivery: 08/31/2027
Period of Performance: 09/01/2026 to 08/31/2027
29 OY 1 SMA to cover Hologic Imaging Devices
Sisseton Health Center Selenia Dimensions
6000(3D) (SN SDM131501006) (Biomed Control
45SIB-001750)
(Option Line Item)
08/31/2026
Delivery: 08/31/2027
Period of Performance: 09/01/2026 to 08/31/2027
30 OY 1 Sisseton Health Center SecurView Workstation
(SN EWS151900423) (Biomed Control 45SIB-001750A)
(Option Line Item)
08/31/2026
Delivery: 08/31/2027
Period of Performance: 09/01/2026 to 08/31/2027
31 OY 1 Sisseton Health Center TechMate Workstation
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
10 62
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
75H70625Q00157
(SN-None) (Biomed Control-None)
(Option Line Item)
08/31/2026
Delivery: 08/31/2027
Period of Performance: 09/01/2026 to 08/31/2027
32 OY 1 Sisseton Health Center R2 CAD Workstation
(SN CD1509) (Biomed Control 45SIB-001750C)
(Option Line Item)
08/31/2026
Delivery: 08/31/2027
Period of Performance: 09/01/2026 to 08/31/2027
33 OY 2 SMA to cover Hologic Imaging Devices Pine
Ridge Hospital Selenia Dimensions 6000(3D) (SN
SDM131500925) (Biomed Control 45PRB-004792)
(Option Line Item)
08/31/2027
Delivery: 08/31/2028
Period of Performance: 09/01/2027 to 08/31/2028
34 OY 2 Pine Ridge Hospital SecurView Workstation
(SN EDWS151500988) (Biomed Control 45PRB-004792A)
(Option Line Item)
08/31/2027
Delivery: 08/31/2028
Period of Performance: 09/01/2027 to 08/31/2028
35 OY 2 Pine Ridge Hospital TechMate Workstation (SN
95LB1T2) (Biomed Control 45PRB-004792B)
(Option Line Item)
08/31/2027
Delivery: 08/31/2028
Period of Performance: 09/01/2027 to 08/31/2028
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
11 62
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
75H70625Q00157
36 OY 2 Pine Ridge Hospital R2 CAD Workstation (SN
C0315)
(Option Line Item)
08/31/2027
Delivery: 08/31/2028
Period of Performance: 09/01/2027 to 08/31/2028
37 OY 2 SMA to cover Hologic Imaging Devices Rosebud
Hospital Selenia Dimensions 5000(3D) (SN
81403143220) (Biomed Control 45RRB-003206)
(Option Line Item)
08/31/2027
Delivery: 08/31/2028
Period of Performance: 09/01/2027 to 08/31/2028
38 OY 2 Rosebud Hospital SecurView Workstation
(Option Line Item)
08/31/2027
Delivery: 08/31/2028
Period of Performance: 09/01/2027 to 08/31/2028
39 OY 2 Rosebud Hospital TechMate Workstation (SN
CA805965) (Biomed Control 45RRB-003206C)
(Option Line Item)
08/31/2027
Delivery: 08/31/2028
Period of Performance: 09/01/2027 to 08/31/2028
40 OY 2 Rosebud Hospital R2 CAD Workstation
(SN-Unknown) (Biomed Control 45RRB-003206D)
(Option Line Item)
08/31/2027
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
12 62
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
75H70625Q00157
Delivery: 08/31/2028
Period of Performance: 09/01/2027 to 08/31/2028
41 OY 2 SMA to cover Hologic Imaging Devices
Belcourt Hospital (QNBMHCF) Selenia Dimensions
5000(3D) (SN 81008167096) (Biomed Control
45BLB-002850)
(Option Line Item)
08/31/2027
Delivery: 08/31/2028
Period of Performance: 09/01/2027 to 08/31/2028
42 OY 2 Belcourt Hospital (QNBMHCF) SecurView
Workstation
(Option Line Item)
08/31/2027
Delivery: 08/31/2028
Period of Performance: 09/01/2027 to 08/31/2028
43 OY 2 Belcourt Hospital (QNBMHCF) TechMate
Workstation (SN 81408167114) (Biomed Control-None)
(Option Line Item)
08/31/2027
Delivery: 08/31/2028
Period of Performance: 09/01/2027 to 08/31/2028
44 OY 2 Belcourt Hospital (QNBMHCF) R2 CAD
Workstation (SN Unknown) (Biomed Control-None)
(Option Line Item)
08/31/2027
Delivery: 08/31/2028
Period of Performance: 09/01/2027 to 08/31/2028
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
13 62
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
75H70625Q00157
45 OY 2 SMA to cover Hologic Imaging Devices
Sisseton Health Center Selenia Dimensions
6000(3D) (SN SDM131501006) (Biomed Control
45SIB-001750)
(Option Line Item)
08/31/2027
Delivery: 08/31/2028
Period of Performance: 09/01/2027 to 08/31/2028
46 OY 2 Sisseton Health Center SecurView Workstation
(SN EWS151900423) (Biomed Control 45SIB-001750A)
(Option Line Item)
08/31/2027
Delivery: 08/31/2028
Period of Performance: 09/01/2027 to 08/31/2028
47 OY 2 Sisseton Health Center TechMate Workstation
(SN-None) (Biomed Control-None)
(Option Line Item)
08/31/2027
Delivery: 08/31/2028
Period of Performance: 09/01/2027 to 08/31/2028
48 OY 2 Sisseton Health Center R2 CAD Workstation
(SN CD1509) (Biomed Control 45SIB-001750C)
(Option Line Item)
08/31/2027
Delivery: 08/31/2028
Period of Performance: 09/01/2027 to 08/31/2028
49 OY 3 SMA to cover Hologic Imaging Devices Pine
Ridge Hospital Selenia Dimensions 6000(3D) (SN
SDM131500925) (Biomed Control 45PRB-004792)
(Option Line Item)
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
14 62
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REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
75H70625Q00157
08/31/2028
Delivery: 08/31/2029
Period of Performance: 09/01/2028 to 08/31/2029
50 OY 3 Pine Ridge Hospital SecurView Workstation
(SN EDWS151500988) (Biomed Control 45PRB-004792A)
(Option Line Item)
08/31/2028
Delivery: 08/31/2029
Period of Performance: 09/01/2028 to 08/31/2029
51 OY 3 Pine Ridge Hospital TechMate Workstation (SN
95LB1T2) (Biomed Control 45PRB-004792B)
(Option Line Item)
08/31/2028
Delivery: 08/31/2029
Period of Performance: 09/01/2028 to 08/31/2029
52 OY 3 Pine Ridge Hospital R2 CAD Workstation (SN
C0315)
(Option Line Item)
08/31/2028
Delivery: 08/31/2029
Period of Performance: 09/01/2028 to 08/31/2029
53 OY 3 SMA to cover Hologic Imaging Devices Rosebud
Hospital Selenia Dimensions 5000(3D) (SN
81403143220) (Biomed Control 45RRB-003206)
(Option Line Item)
08/31/2028
Delivery: 08/31/2029
Period of Performance: 09/01/2028 to 08/31/2029
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
15 62
CONTINUATION SHEET
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(A) (B) (C) (D) (E) (F)
75H70625Q00157
54 OY 3 Rosebud Hospital SecurView Workstation
(Option Line Item)
08/31/2028
Delivery: 08/31/2029
Period of Performance: 09/01/2028 to 08/31/2029
55 OY 3 Rosebud Hospital TechMate Workstation (SN
CA805965) (Biomed Control 45RRB-003206C)
(Option Line Item)
08/31/2028
Delivery: 08/31/2029
Period of Performance: 09/01/2028 to 08/31/2029
56 OY 3 Rosebud Hospital R2 CAD Workstation
(SN-Unknown) (Biomed Control 45RRB-003206D)
(Option Line Item)
08/31/2028
Delivery: 08/31/2029
Period of Performance: 09/01/2028 to 08/31/2029
57 OY 3 SMA to cover Hologic Imaging Devices
Belcourt Hospital (QNBMHCF) Selenia Dimensions
5000(3D) (SN 81008167096) (Biomed Control
45BLB-002850)
(Option Line Item)
08/31/2028
Delivery: 08/31/2029
Period of Performance: 09/01/2028 to 08/31/2029
58 OY 3 Belcourt Hospital (QNBMHCF) SecurView
Workstation
(Option Line Item)
08/31/2028
Continued ...
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(A) (B) (C) (D) (E) (F)
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Delivery: 08/31/2029
Period of Performance: 09/01/2028 to 08/31/2029
59 OY 3 Belcourt Hospital (QNBMHCF) TechMate
Workstation (SN 81408167114) (Biomed Control-None)
(Option Line Item)
08/31/2028
Delivery: 08/31/2029
Period of Performance: 09/01/2028 to 08/31/2029
60 OY 3 Belcourt Hospital (QNBMHCF) R2 CAD
Workstation (SN Unknown) (Biomed Control-None)
(Option Line Item)
08/31/2028
Delivery: 08/31/2029
Period of Performance: 09/01/2028 to 08/31/2029
61 OY 3 SMA to cover Hologic Imaging Devices
Sisseton Health Center Selenia Dimensions
6000(3D) (SN SDM131501006) (Biomed Control
45SIB-001750)
(Option Line Item)
08/31/2028
Delivery: 08/31/2029
Period of Performance: 09/01/2028 to 08/31/2029
62 OY 3 Sisseton Health Center SecurView Workstation
(SN EWS151900423) (Biomed Control 45SIB-001750A)
(Option Line Item)
08/31/2028
Delivery: 08/31/2029
Period of Performance: 09/01/2028 to 08/31/2029
Continued ...
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(A) (B) (C) (D) (E) (F)
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63 OY 3 Sisseton Health Center TechMate Workstation
(SN-None) (Biomed Control-None)
(Option Line Item)
08/31/2028
Delivery: 08/31/2029
Period of Performance: 09/01/2028 to 08/31/2029
64 OY 3 Sisseton Health Center R2 CAD Workstation
(SN CD1509) (Biomed Control 45SIB-001750C)
(Option Line Item)
08/31/2028
Delivery: 08/31/2029
Period of Performance: 09/01/2028 to 08/31/2029
65 OY 4 SMA to cover Hologic Imaging Devices Pine
Ridge Hospital Selenia Dimensions 6000(3D) (SN
SDM131500925) (Biomed Control 45PRB-004792)
(Option Line Item)
08/31/2029
Delivery: 08/31/2030
Period of Performance: 09/01/2029 to 08/31/2030
66 OY 4 Pine Ridge Hospital SecurView Workstation
(SN EDWS151500988) (Biomed Control 45PRB-004792A)
(Option Line Item)
08/31/2029
Delivery: 08/31/2030
Period of Performance: 09/01/2029 to 08/31/2030
67 OY 4 Pine Ridge Hospital TechMate Workstation (SN
95LB1T2) (Biomed Control 45PRB-004792B)
(Option Line Item)
08/31/2029
Delivery: 08/31/2030
Continued ...
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(A) (B) (C) (D) (E) (F)
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Period of Performance: 09/01/2029 to 08/31/2030
68 OY 4 Pine Ridge Hospital R2 CAD Workstation (SN
C0315)
(Option Line Item)
08/31/2029
Delivery: 08/31/2030
Period of Performance: 09/01/2029 to 08/31/2030
69 OY 4 SMA to cover Hologic Imaging Devices Rosebud
Hospital Selenia Dimensions 5000(3D) (SN
81403143220) (Biomed Control 45RRB-003206)
(Option Line Item)
08/31/2029
Delivery: 08/31/2030
Period of Performance: 09/01/2029 to 08/31/2030
70 OY 4 Rosebud Hospital SecurView Workstation
(Option Line Item)
08/31/2029
Delivery: 08/31/2030
Period of Performance: 09/01/2029 to 08/31/2030
71 OY 4 Rosebud Hospital TechMate Workstation (SN
CA805965) (Biomed Control 45RRB-003206C)
(Option Line Item)
08/31/2029
Delivery: 08/31/2030
Period of Performance: 09/01/2029 to 08/31/2030
72 OY 4 Rosebud Hospital R2 CAD Workstation
(SN-Unknown) (Biomed Control 45RRB-003206D)
(Option Line Item)
Continued ...
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(A) (B) (C) (D) (E) (F)
75H70625Q00157
08/31/2029
Delivery: 08/31/2030
Period of Performance: 09/01/2029 to 08/31/2030
73 OY 4 SMA to cover Hologic Imaging Devices
Belcourt Hospital (QNBMHCF) Selenia Dimensions
5000(3D) (SN 81008167096) (Biomed Control
45BLB-002850)
(Option Line Item)
08/31/2029
Delivery: 08/31/2030
Period of Performance: 09/01/2029 to 08/31/2030
74 OY 4 Belcourt Hospital (QNBMHCF) SecurView
Workstation
(Option Line Item)
08/31/2029
Delivery: 08/31/2030
Period of Performance: 09/01/2029 to 08/31/2030
75 OY 4 Belcourt Hospital (QNBMHCF) TechMate
Workstation (SN 81408167114) (Biomed Control-None)
(Option Line Item)
08/31/2029
Delivery: 08/31/2030
Period of Performance: 09/01/2029 to 08/31/2030
76 OY 4 Belcourt Hospital (QNBMHCF) R2 CAD
Workstation (SN Unknown) (Biomed Control-None)
(Option Line Item)
08/31/2029
Delivery: 08/31/2030
Period of Performance: 09/01/2029 to 08/31/2030
Continued ...
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(A) (B) (C) (D) (E) (F)
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77 OY 4 SMA to cover Hologic Imaging Devices
Sisseton Health Center Selenia Dimensions
6000(3D) (SN SDM131501006) (Biomed Control
45SIB-001750)
(Option Line Item)
08/31/2029
Delivery: 08/31/2030
Period of Performance: 09/01/2029 to 08/31/2030
78 OY 4 Sisseton Health Center SecurView Workstation
(SN EWS151900423) (Biomed Control 45SIB-001750A)
(Option Line Item)
08/31/2029
Delivery: 08/31/2030
Period of Performance: 09/01/2029 to 08/31/2030
79 OY 4 Sisseton Health Center TechMate Workstation
(SN-None) (Biomed Control-None)
(Option Line Item)
08/31/2029
Delivery: 08/31/2030
Period of Performance: 09/01/2029 to 08/31/2030
80 OY 4 Sisseton Health Center R2 CAD Workstation
(SN CD1509) (Biomed Control 45SIB-001750C)
(Option Line Item)
08/31/2029
Delivery: 08/31/2030
Period of Performance: 09/01/2029 to 08/31/2030
The Contractor must provide only new equipment and new parts for the required products described herein; no used, refurbished, or remanufactured equipment or parts shall be provided under any circumstances. Absolutely no Gray Market Goods or
Continued ...
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Counterfeit Electronic Parts shall be provided.
Gray Market Goods are defined as genuine branded goods intentionally or unintentionally sold outside of an authorized sales-territory or by non-authorized dealers in an authorized territory. All equipment shall be accompanied by the Original Equipment Manufacturers (OEM's) warranty. Counterfeit Electronic Parts are defined as unlawful or unauthorized reproduction, substitution, or alteration that has been knowingly mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified electronic part from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitution includes used electronic parts represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.
The Indian Health Service (IHS) is in the process of implementing an electronic invoicing system in compliance with the Office of Management and
Budget (OMB) M-15-19 memorandum Improving
Government Efficiency and Saving Taxpayer Dollars
Through Electronic Invoicing directing Federal agencies to adopt electronic invoicing as the primary means to disburse payment to vendors.
Invoices submitted under any award resulting from this solicitation will be required to utilize the
Invoice Processing Platform (IPP) in accordance with HHSAR 352.232-71, Electronic Submission and
Processing of Payment Requests.
IPP is a secure, web-based electronic invoicing system provided by the U.S. Department of the
Treasury's Bureau of the Fiscal Service, in partnership with the Federal Reserve Bank of St.
Louis (FRSTL). Respondents to this solicitation are encouraged 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
Continued ...
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(A) (B) (C) (D) (E) (F)
75H70625Q00157 date.
The IPP website address is: https://www.ipp.gov.
If you require assistance registering or IPP account access, please contact the IPP Helpdesk at (866) 973-3131 (M-F 8AM to 6PM ET), or
IPPCustomerSupport@fiscal.treasury.gov.
Should the contractor feel that use of the IPP would be unduly burdensome, their response to this solicitation should include an explanation of this position for a determination by the contracting officer.
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
I - Clauses Incorporated by Reference & In Full Text DOTO - Delivery Order / Task Order Number K - Representations, certifications, and other statements of offerors or respondents
FAR Provisions PO - Purchase Order Number L - Instructions, conditions, and notices to offerors or respondents
Provisions SOL - Solicitation Number B - Supplies or Services and prices/costs
Unit Price C - Description/specifications/statement of work
Federal Acquisition Circular 2025-04 G - Contract Administration Data
Period of Performance Invoice Submission & Payment
H - Special Contract Requirements IT Equipment and Software Acquisitions Additional Applicable Published Policy & Procedure Service Contract Labor Standards Contractor's Agreement Other Terms and Conditions Security Clearance Background Investigation Forms Contractor's Performance Conditions & Responsibilities
J - List of Attachments M - Evaluation factors for award
Lowest Price Technically Acceptable I - Clauses Incorporated by Reference & In Full Text
52.204-13 System for Award Management Maintenance. (OCT 2018)
52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020)
52.204-21 Basic Safeguarding of Covered Contractor Information Systems. (NOV 2021)
352.203-70 Anti-Lobbying. (DEC 2015)
352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations. (DEC 2015)
352.223-70 Safety and Health. (DEC 2015)
352.226-1 Indian Preference. (DEC 2015)
352.232-71 Electronic submission of payment requests
52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services. (NOV 2023)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its postacceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer- Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.
3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment- (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if-
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American;
and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.
(t) [Reserved]
(u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of clause)
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Products and Commercial Services. (JAN 2025)
(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 Covered Entities (DEC 2023) (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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(7) 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: [Contracting Officer check as appropriate.]
[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. 4655).
[X] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
[X] (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) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C.
4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).
[X] (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).
[ ] (6) [Reserved]
[X] (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111- 117, section 743 of Div. C).
[ ] (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
[X] (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).
[ ] (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115-390, title II).
[X] (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders- Prohibition. (DEC 2023) (Pub. L. 115-390, title II).
[X] (ii) Alternate I (DEC 2023) of 52.204-30.
[X] (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded.
(JAN 2025) (31 U.S.C. 6101 note).
[X] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).
[ ] (14) [Reserved]
[ ] (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).
[ ] (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[ ] (17) [Reserved]
[X] (18)(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.
[ ] (19)(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.
[X] (20) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C.
637(d)(2) and (3)).
[ ] (21)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2025) (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 (JAN 2025) of 52.219-9.
[ ] (22)(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.
[ ] (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).
[ ] (24) 52.219-16, Liquidated Damages- Subcontracting Plan (SEP 2021) (15 U.S.C.
637(d)(4)(F)(i)).
[ ] (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C.
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