SOL - Laboratory Reagents & Supplies 8-29-19.docx
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- AAIHS Laboratory Programs Reagents & Supplies Federal contract opportunity
- Solicitation number
- 75H70720R00005
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| SF-1449 75H70720R00005 - Laboratory Reagents & Supplies.pdf | ||
| Laboratory_Supply_Listing (1).xlsx | XLSX spreadsheet |
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SOLICITATION
| 52 |
| OF 35 |
SECTION B – PRODUCTS OR SERVICES AND PRICES/COSTS
B.1 TYPE OF CONTRACT (FAR 52.216-1 (APR 1984))
Pursuant to Federal Acquisition Regulation (FAR), Part 12, it is in the best interest of the Government to Award a firm fixed Price Contract to fulfill the requirements stated herein for Laboratory Reagents and Supplies – these range from general laboratory supplies to more brand name specific items for MAS Quality Controls and Calibrators provided to the Albuquerque Area Healthcare facilities.
B.2 FEE SCHEDULES
This solicitation will result in a Blanket Purchase Agreement (BPA), acquisition with one base year and four (4) one-year options periods. The quantities shown in the Schedule of Charges are “expected” quantities but are not representative of actual quantities to be ordered and serve as a means of arriving at price reasonableness for award purposes. The quantities in the schedule of charges will be a Firm Fixed Price. Utilization of the “BPA” has been determined to be appropriate for the reagents and supplies as the government anticipates recurring requirements but cannot predetermine the precise number of request for supplies that will be ordered during the contract period. Pricing proposals should be determined based on the estimated average total order for laboratory reagents and supplies per year.
| B.3 | CONSIDERATION AND PAYMENT |
| The Contractor shall provide the laboratory reagents and supplies described in Section C, Description/ Specifications/Work Statement. Except as otherwise specified in the contract, the Contractor shall furnish the necessary laboratory reagents and supplies set forth herein. | |
| B.4 | CONTRACT PRICE |
a. The contract established from this solicitation will be a firm-fixed price contract. The price for the Base Period of this contract is $___________.
b. Upon delivery and acceptance of the item(s) specified in the DELIVERY Article in SECTION F of this contract, the Government shall pay to the Contractor resulting from the firm-fixed price cost.
c. Upon delivery and acceptance of the services described in the State of Work of this Solicitation and identified in the schedule of charges below, the Government shall pay to the Contractor the total prices set forth below and will be paid from the following Contract Line Item Numbers (CLINs) accordingly:
SCHEDULE OF CHARGES FOR THE BASE PERIOD
| Item # |
| Contract Period |
| Description of Services |
| Total ($) |
| CLIN 1 |
| Base Year |
| Laboratory Reagents and Supplies for each Laboratory Facility Per Year: |
A.
| Acoma-Canoncito-Laguna Service Unit (ACLSU) |
| $ |
B.
| Albuquerque Indian Health Center (AIHC) |
| $ |
C.
| Jicarilla Service Unit (JSU) |
| $ |
D.
| Mescalero Service Unit (MSU) |
| $ |
E.
| Santa Fe Service Unit (SFSU) |
| $ |
F.
| Taos-Picuris Service Unit TPSU) |
| $ |
G.
| Zuni Service Unit (ZSU) |
| $ |
| Total Price for Base Period: |
| $ |
| The Contractor shall be paid upon submission of an invoice and completion and acceptance (if deliverable) or verification (if service) by the Contracting Officer's Representative (COR), of the deliverables and/or services indicated below. Invoices shall be submitted in accordance with the instructions contained in FAR clause 52.232-25, Prompt Payment, and Section G.2 of this contract. | ||
| B.5 | OPTION PRICES | |
| a. | Unless the Government exercises its option pursuant to the option clause referenced in the Clauses section of this Solicitation consists only of the Base Period specified in this contract. | |
| b. | Pursuant to FAR Clause 52.217-8, Option to Extend Services and FAR Clause 52.217-9, Option to Extend the Term of the Contract, set forth in CONTRACT CLAUSES of this contract, the Government may, by unilateral contract modification, require the Contractor to perform the Option Period(s) as defined in the Statement of Work of this contract. If the Government exercises this/these option(s), notice must be given before the expiration date of the contract. Specific information regarding the time frame for this notice is set forth in the OPTION PROVISION of this order. If an option period is exercised the fixed price of this contract will be increased as set forth below. | |
| c. | Upon the delivery and acceptance of the Option Services described in the Statement of Work of the contract and identified in the schedule of charges below, the Government shall pay the Contractor the unit price(s) set forth below and will be paid from the following Contract Line Item Numbers (CLINs) accordingly: |
SCHEDULE OF CHARGES FOR THE OPTION PERIODS:
| Item # |
| Contract Period |
| Description of Services |
| Total ($) |
| CLIN 2 |
| Option Year 1 |
| Laboratory Reagents and Supplies for each Laboratory Facility Per Year: |
A.
| Acoma-Canoncito-Laguna Service Unit (ACLSU) |
| $ |
B.
| Albuquerque Indian Health Center (AIHC) |
| $ |
C.
| Jicarilla Service Unit (JSU) |
| $ |
D.
| Mescalero Service Unit (MSU) |
| $ |
E.
| Santa Fe Service Unit (SFSU) |
| $ |
F.
| Taos-Picuris Service Unit TPSU) |
| $ |
G.
| Zuni Service Unit (ZSU) |
| $ |
| Total Price for Option Period One: |
| $ |
| Item # |
| Contract Period |
| Description of Services |
| Total ($) |
| CLIN 3 |
| Option Year 2 |
| Laboratory Reagents and Supplies for each Laboratory Facility Per Year: |
A.
| Acoma-Canoncito-Laguna Service Unit (ACLSU) |
| $ |
B.
| Albuquerque Indian Health Center (AIHC) |
| $ |
C.
| Jicarilla Service Unit (JSU) |
| $ |
D.
| Mescalero Service Unit (MSU) |
| $ |
E.
| Santa Fe Service Unit (SFSU) |
| $ |
F.
| Taos-Picuris Service Unit TPSU) |
| $ |
G.
| Zuni Service Unit (ZSU) |
| $ |
| Total Price for Option Period Two: |
| $ |
| Item # |
| Contract Period |
| Description of Services |
| Total ($) |
| CLIN 4 |
| Option Year 3 |
| Laboratory Reagents and Supplies for each Laboratory Facility Per Year: |
A.
| Acoma-Canoncito-Laguna Service Unit (ACLSU) |
| $ |
B.
| Albuquerque Indian Health Center (AIHC) |
| $ |
C.
| Jicarilla Service Unit (JSU) |
| $ |
D.
| Mescalero Service Unit (MSU) |
| $ |
E.
| Santa Fe Service Unit (SFSU) |
| $ |
F.
| Taos-Picuris Service Unit TPSU) |
| $ |
G.
| Zuni Service Unit (ZSU) |
| $ |
| Total Price for Option Period Three: |
| $ |
| Item # |
| Contract Period |
| Description of Services |
| Total ($) |
| CLIN 5 |
| Option Year 4 |
| Laboratory Reagents and Supplies for each Laboratory Facility Per Year: |
| $ |
A.
| Acoma-Canoncito-Laguna Service Unit (ACLSU) |
| $ |
B.
| Albuquerque Indian Health Center (AIHC) |
| $ |
C.
| Jicarilla Service Unit (JSU) |
| $ |
D.
| Mescalero Service Unit (MSU) |
| $ |
E.
| Santa Fe Service Unit (SFSU) |
| $ |
F.
| Taos-Picuris Service Unit TPSU) |
| $ |
G.
| Zuni Service Unit (ZSU) |
| $ |
| Total Price for Option Period Three: |
| $ |
| d. | If the Government exercises its option pursuant to the OPTION PROVISION of this contract, the Government's total estimated contract amount, represented by the sum of the price of base plus option periods and the period of performance will be increased as follows: |
| BASE YEAR | |
| TOTAL ($) |
| BASE YEAR PERIOD: TBD, 2020 to TBD, 2021 |
| $ |
| Total Price for Base Period: |
| $ |
| OPTION YEARS |
| TOTAL ($) |
| OPTION YEAR ONE: TBD, 2021 to TBD, 2022 |
| $ |
| OPTION YEAR TWO: TBD, 2022 to TBD, 2023 |
| $ |
| OPTION YEAR THREE: TBD, 2023 to TBD, 2024 |
| $ |
| OPTION YEAR THREE: TBD, 2024 to TBD, 2025 |
| $ |
| Total Price for the Base and 4 Option Period: |
| $ |
| TOTAL CONTRACT PRICE – Includes BASE plus Option Periods: |
| $ |
SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C. TITLE
The Contractor shall provide Laboratory Reagents and Supplies – range from general laboratory supplies to more brand name specific items for MAS Quality Controls and Calibrators provided to the Albuquerque Area Indian Health Service (AAIHS) facilities.
| C.1 | PURPOSE |
| The purpose of the contract established from solicitation #75H70720R00005 is to provide Laboratory Reagents and Supplies for the Albuquerque Area Indian Health Service (AAIHS) facilities. | |
| C.2 | STATEMENT OF WORK |
| See Attached Listing of Brand Name or Equal Laboratory Reagents & Supplies. | |
| *The supply listing is not exclusive of all supplies, just the top 100. |
Hours of Operation:
The hours of business and clinical operation for most IHS facilities are normally from 8:00 AM to 5:00 PM, Monday through Friday, except all federal holidays.
Place of Performance:
Acoma-Canoncito-Laguna Indian Hospital Laboratory Department 80B Veterans Blvd.
San Fidel, NM 87049
Albuquerque Indian Health Center Laboratory Department 801 Vassar Drive NE Albuquerque, NM 87106
Jicarilla Indian Health Center Laboratory Department 500 North Mundo Drive Dulce, NM 87528
Mescalero Indian Hospital Laboratory Department 318 Abalone Loop Mescalero, NM 88340
Santa Fe Indian Hospital Laboratory Department 1700 Cerrillos Road Santa Fe, NM 87501
Taos-Picuris Indian Health Center Laboratory Department 1090 Goat Springs Road Taos, NM 87571
Zuni Indian Hospital Laboratory Department Route 301 North B Avenue Zuni, NM 87327
Points of Contacts:
The following are the individuals that will be listed as the Point of Contact (POC) for their service unit:
| Acoma Canoncito Laguna Hospital |
| Laboratory Supervisor |
| Phone: (505) 552-5419 |
| Albuquerque Indian Health Center |
| Laboratory Supervisor |
Phone: (505) 248-4029
| Jicarilla Service Health Center |
| Laboratory Supervisor |
| Phone: (575) 759-7218 |
| Mescalero Indian Hospital |
| Laboratory Supervisor |
| Phone: (575) 464-3840 |
| Santa Fe Indian Hospital |
| Laboratory Supervisor |
| Phone: (505) 946-9329 |
| Taos Picuris Health Center |
| Laboratory Supervisor |
| Phone: 575-758-6966 |
| Zuni Indian Hospital |
| Laboratory Supervisor |
| Phone: (505) 782-7424 |
Government Furnished Items: The contractor shall specifically identify in their proposal the type, amount, and time frames required for any government resources, excluding those listed below. The Government will provide the following: Lab space as required and POC listing.
Contractor Furnished Items. The contractor shall provide supplies for the testing services requested. The contractor shall furnish Standard Operational Procedures, applicable regulations, manuals, texts, briefs and other materials associated with the supplies noted throughout this SOW. The contractor shall provide initial familiarization/orientation to laboratory personnel in addition to annual operators training. The contractor shall provide supplies necessary to perform testing using the contractor’s equipment. The contractor shall provide technical support and be available for on-site support within 24 hours of service request.
Specific Requirements of Laboratory Reagents & Supplies:
The Contractor pricing/cost must be inclusive of all mandatory Federal, State and local taxes. It is the sole responsibility of the contractor to collect and pay for all New Mexico State Gross Receipt Taxes for business/work performed in the State of New Mexico; regardless of county the business/work was performed.
SECTION D – PACKAGING AND MARKING
| D.1 | PACKAGING |
| All deliverables shall be preserved, packaged, and packed in accordance with normal commercial practices to meet the packing requirements of the carrier including that which is necessary to prevent deterioration and damages due to the hazards of shipping, handling, and storing. | |
| D.2 | MARKING |
| Each package/container shall be delivered to the specific location placing the order, address shown in Section D.3 entitled “Contracting Officers’ Representative Appointment and Authority” and shall be clearly marked as follows: |
· Name of Contractor
· Contract Number
· Description of Items Contained Therein
· Consignee’s Name and Address
| D.3 | DELIVERY |
| All deliverables shall be delivered to the following addresses: |
Acoma-Canoncito-Laguna Indian Hospital Zuni Indian Hospital Laboratory Department Laboratory Department 80B Veterans Blvd. Route 301 North B Avenue San Fidel, NM 87049 Zuni, NM 87327
Albuquerque Indian Health Center Laboratory Department 801 Vassar Drive NE Albuquerque, NM 87106
Jicarilla Indian Health Center Laboratory Department 500 North Mundo Drive Dulce, NM 87528
Mescalero Indian Hospital Laboratory Department 318 Abalone Loop Mescalero, NM 88340
Santa Fe Indian Hospital Laboratory Department 1700 Cerrillos Road Santa Fe, NM 87501
Taos-Picuris Indian Health Center Laboratory Department 1090 Goat Springs Road Taos, NM 87571
SECTION E – INSPECTION AND ACCEPTANCE
| E.1 | INSPECTION AND ACCEPTANCE | |
| All work under this contract is subject to inspection and performance evaluation, a final acceptance by the Contracting Officer or the duly authorized representative of the government. The COR, as a duly authorized representative of the Contracting Officer, shall assume the responsibilities for monitoring the Contractor’s performance, evaluating the quality of services provided by the Contractor, and performing final inspection and acceptance of all services rendered, deliverables and services called for by the contract. | ||
| E.2 | FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES | |
| FAR Clause No. | Title and Date | |
| 52.246-4 | Inspection of Services – Fixed-Price (AUG 1996) |
SECTION F – DELIVERIES OR PERFORMANCE
| F.1 | PERIOD OF PERFORNMANCE | |
| The period of performance is a Base of (12) months with four (4), twelve (12) month Option Years, unless the period is extended by modification to this contract. The Government may exercise options to extend the period of performance in accordance with FAR Clause 52.217-9 – Option to Extend the Term of the Contract (MAR 2000); upon written notification by the Contracting Officer within 30 days of contract expiration. | ||
| The period of performance shall be as follows: | ||
| Base: | TBD, 2020 to TBD, 2021 | |
| Option Year One: | TBD, 2021 to TBD, 2022 | |
| Option Year Two: | TBD, 2022 to TBD, 2023 | |
| Option Year Three: | TBD, 2023 to TBD, 2024 | |
| Option Year Four: | TBD, 2024 to TBD, 2025 | |
| F.2 | GOVERNMENT HOLIDAYS – Also see https://www.archives.gov/news/federal-holidays | |
| New Year’s Day | January 1 | |
| Martin Luther King’s Birthday | Third Monday in January | |
| President’s Day | Third Monday in February | |
| Memorial Day | Last Monday in May | |
| Independence Day | July 4 | |
| Labor Day | First Monday in September | |
| Columbus Day | Second Monday October | |
| Veteran’s Day | November 11 | |
| Thanksgiving Day | Fourth Thursday November | |
| Christmas Day | December 25 |
*Any other day specifically declared by the President of the United States to be a national holiday (see www.opm.gov/fedhol).
SECTION G – CONTRACT ADMINISTRATION
| G.1 | AUTHORITIES OF GOVERNMENT PERSONNEL |
| Notwithstanding the Contractor’s responsibility for total management during the performance of the Contract, the administration of the Contract will require maximum coordination between the Government and the Contractor. The following individuals will be the Government’s points of contact during the performance of the Contract. | |
| G.2 | Contracting Officer |
| The IHS Contracting Officer (CO) is the only individual authorized to modify this Contract. The CO who is responsible for administrative and contractual issues concerning this Contract is: | |
| Dawn Sekayumptewa, Chief of the Contracting Office (CCO) | |
| Indian Health Service/Division of Contracts & Grants Management (DCGM) | |
| 4101 Indian School Road NE | |
| Albuquerque, NM 87110 | |
| Phone: 505-256-6756 | |
| Email: dawn.sekayumptewa@ihs.gov | |
| All communications pertaining to contractual and/or administrative matters for this contract shall be sent to the address above and the Contract Administrator. |
G.3 Administrator of the Contractor
| Patricia Trujillo, Contract Specialist (CS) | |
| Indian Health Service/Division of Contracts & Grants Managmenet (DCGM) | |
| 4101 Indian School Road NE | |
| Albuquerque, NM 87110 | |
| Phone: 505-256-6754 | |
| Email: paticia.trujillo@ihs.gov | |
| G.4 | Contracting Officer’s Representative Appointment and Authority |
| The name and address of the COR assigned to this contract is: | |
| Vanessa Vicenti | |
| Albuquerque Area Indian Health Service | |
| 4101 Indian School Road | |
| Albuquerque, NM 87110 | |
| 505-256-6722 | |
| Email: vanessa.vicenti@ihs.gov | |
| G.5 | Alternate Contracting Officer’s Representative Appointment and Authroity |
| The name and address of the Alternate COR assigned to this contract is: | |
| Donna Carpio | |
| Albuquerque Area Indian Health Service | |
| 4101 Indian School Road | |
| Albuquerque, NM 87110 | |
| 505-256-6724 | |
| Email: donna.carpio@ihs.gov | |
| G.6 | Technical Monitoring |
(a) Performance of work under this contract must be subject to the technical direction of the Contracting Officers’ Representative identified above, or a representative designated in writing. The term “technical direction” includes, without limitation, direction to the Contractor that directs or redirects the labor effort, shifts the work between work areas or locations, fills in details and otherwise serves to ensure that task areas outlined in the statement of work are accomplished satisfactorily.
| (b) | Technical direction must be within the scope of the specification(s)/work statement. The Contracting Officers’ Representative does not have authority to issue technical direction that: | ||
| (1) | Constitutes a change of assignment or additional work outside the specification(s)/statement of work; | ||
| (2) | Constitutes a change as defined in the clause entitled “Changes”; | ||
| (3) | In any manner causes an increase or decrease in the contract price, or the time required for contract performance; | ||
| (4) | Changes any of the terms, conditions, or specification(s)/work statement of the contract; | ||
| (5) | Interferes with the Contractor's right to perform under the terms and conditions of the contract; or | ||
| (6) | Directs, supervises or otherwise controls the actions of the Contractor's employees. | ||
| (c) | Technical direction may be oral or in writing. The Contracting Officers’ Representative shall confirm oral direction in writing within five work days, with a copy to the Contracting Officer. | ||
| (d) | The Contractor shall proceed promptly with performance resulting from the technical direction issued by the Contracting Officers’ Representative. If, in the opinion of the Contractor, any direction of the Contracting Officers’ Representative, or his/her designee, falls within the limitations in (b), above, the Contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day. | ||
| (e) | Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled “Disputes.” | ||
| G.7 | INVOICE SUBMISSION | ||
| The Contractor shall submit invoices once per delivery. A complete invoice with all required back-up documentation shall be sent electronically via e-mail to: | |||
| 1. | Contracting Officer’s Representative (COR): Vanessa Vicenti, 505-256-6722, Vanessa.vicenti@ihs.gov | ||
| 2. | Albuquerque IHS Finance Office, ALB_AOAPinvoices@ihs.gov |
| * No other non-invoice related documents (i.e. deliverables, reports, balance statements) shall be sent to the CS or ALB Finance. Failure to submit directly to the offices listed above will delay prompt payment of your invoice. | |||
| For invoices submitted by email, the subject line of your email invoice submission shall contain the Contractor’s name, contract number, and invoice. The Contractor shall send one email per contract per delivery. The email may have multiple invoices for the contract. Invoices must be in one of the following formats: PDF, TIFF, or Word. No Excel formats will be accepted. The electronic file cannot contain multiple invoices; example, 10 invoices requires 10 separate files (PDF, TIFF, or Word). | |||
| Additionally, the Contractor is required to include its Data Universal Numbering System (DUNS) number on each invoice. For additional information about the Dun & Bradstreet (D&B) DUNS number, please visit http://fedgov.dnb.com/webform. | |||
| Invoices shall be submitted in accordance with the contract terms, i.e. payment schedule, progress payments, partial payments, deliverables, etc. | |||
| All information set forth in FAR Clause 52.212-4(g), Invoice, must be included in all invoices for it to constitute a proper invoice. | |||
| FAR 52.212-4(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, contract line item number and, if applicable, the contract 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; | ||
| (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-Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), 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. | ||
| In accordance with OMB Memorandum, M-11-32, Agencies shall make payments to small businesses as soon as practicable, with the goal of making payments within 15 days of receipt of a proper invoice. If a small business contractor is not paid within this (15 day) accelerated period, the contractor will not be given a late-payment interest penalty. Interest penalties, as prescribed by the Prompt Payment Act, remain unchanged by means of this memorandum. All small businesses shall label all invoices as “Small Business.” | |||
| Additionally, in accordance with OMB Memorandum, M-12-16, all prime contractors are encouraged to disburse funds received from the Federal Government to their small business subcontractors in a prompt manner. To assist prime contractors in expediting contractor payments to small business subcontractors, Agencies shall, to the full extent permitted by law, temporarily establish an earlier, accelerated date for making agency payments to all prime contractors. Consistent with OMB Memorandum M-11-32 above, Agencies shall have a goal of paying all prime contractors within 15 days of receiving proper documentation. In an effort to support small business growth, drive economic activity and job creation, the Contractor is encouraged to accelerate payments to their small business subcontractors. | |||
| In accordance with the requirements of the Debt Collection Improvement Act of 1996, all payments under this contract will be made by electronic funds transfer (EFT). The Contractor shall provide financial institution information to the Finance Office designated above in accordance with FAR 52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration. | |||
| Failure to submit directly to the offices listed above will delay prompt payment of your invoice. |
SECTION H – SPECIAL CONTRACT REQUIREMENTS
| H.1 | CONTRACTOR PERFORMANCE EVALUATION REPORT |
| During the life of this contract, Contractor performance will be evaluated on an interim and final basis pursuant to FAR Subpart 42.15. This evaluation shall become a part of the contract file and shall be used as past performance information in evaluating the Contractor’s, and any significant subcontractors’ or affiliates, past performance on future contracts. Contractor Performance Assessment Report System (CPARS) is an on-line reporting system https://www.cpars.gov/. The Contractor Performance Report is completed by the COR electronically and sent to the Contractor for review and approval at the end of each performance period as an interim report and at the end of the contract performance as a final report. After review by the Contracting Officer, the report becomes a permanent record of the Contractor’s past performance. |
SECTION I – CONTRACT CLAUSES
FEDERAL ACQUISITION REGULATIONS (FAR) 48 CFR CHAPTER CLAUSES
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address: https://www.acquisition.gov/?g=/browse/far/52
| FAR Clause | TITLE | DATE____ | ||||
| 52.204-3 | Taxpayer Identification | (Oct 1998) | ||||
| 52-204-6 | Unique Entity Identifier | (Oct 2016) | ||||
| 52.204-7 | System of Award Management | (Oct 2018) | ||||
| 52.212-4 | Contract Terms and Conditions – Commercial Items | (Oct 2018) | ||||
| 52.223-6 | Drug-Free Workplace | (May 2001) | ||||
| 52.229-3 | Federal, State, and Local Taxes | (Feb 2013) | ||||
| 52.229-4 | Federal, State, and Local Taxes (State and Local Adjustments) | (Feb 2013) |
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (JAN 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 items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).
_x_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_x_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).
___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
___ (ii) Alternate I (Nov 2011) of 52.219-3.
___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
___ (ii) Alternate I (Jan 2011) of 52.219-4.
___ (13) [Reserved] ___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).
___ (ii) Alternate I (Nov 2011).
___ (iii) Alternate II (Nov 2011).
___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
___ (ii) Alternate I (Oct 1995) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).
___ (ii) Alternate I (Nov 2016) of 52.219-9.
___ (iii) Alternate II (Nov 2016) of 52.219-9.
___ (iv) Alternate III (Nov 2016) of 52.219-9.
___ (v) Alternate IV (Aug 2018) of 52.219-9.
___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
_x_ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).
___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).
___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
_x_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).
___ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_x_ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
___ (ii) Alternate I (Feb 1999) of 52.222-26.
___ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
___ (ii) Alternate I (July 2014) of 52.222-35.
___ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
___ (ii) Alternate I (July 2014) of 52.222-36.
___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_x_ (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).
___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).
___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).
___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Oct 2015) of 52.223-13.
___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-14.
_x_ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-16.
_x_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).
___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).
___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
___ (ii) Alternate I (Jan 2017) of 52.224-3.
_x_ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).
___ (ii) Alternate I (May 2014) of 52.225-3.
___ (iii) Alternate II (May 2014) of 52.225-3.
___ (iv) Alternate III (May 2014) of 52.225-3.
___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_x_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).
___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
_x_ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).
___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).
___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).
___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).
___ (ii) Alternate I (Apr 2003) of 52.247-64.
___ (iii) Alternate II (Feb 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) ___ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).
___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).
___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).
___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).
___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jan 2019) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).
(xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
| I.4 | FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) |
| The Government may require continued performance of any services within the limits and at the rates specified in the Contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days before the contract expires. |
| I.5 | FAR 52.217-9 OPTION TO EXTEND THE TERM OF 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 five (5) years. | |
| I.6 | DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATION (HHSAR) (48 CFR CHAPTER 3) CLAUSES | |
| This Contract incorporates some HHSAR provisions/clauses by reference, with the same force and affect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these addresses: | ||
| HHSAR - http://www.hhs.gov/policies/hhsar/subpart352.html | ||
| The applicable provisions/clauses are as follows: | ||
| HHSAR Clause No. | ||
| Title and Dates |
| 352.211-3 |
| Paperwork Reduction Act (Dec 2015) |
| 352.227-70 |
| Publications and Publicity (Dec 2015) |
| 352.270-2 |
| Indian Preference (Dec 2015) |
| 352.270-3 |
| Indian Preference Program (Dec 2015) |
| 352.237-75 |
| Key Personnel (Dec 2015) |
| I.7 | HHSAR 352.239-73 ELECTRONIC INFORMATION AND TECHNOLOGY ACCESSIBILITY NOTICE (DEC 2015) | |
| (a) | Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of |
1998 and the Architectural and Transportation Barriers Compliance Board Electronic and Information (EIT) Accessibility Standards (36 CFR part 1194), require that when Federal agencies develop, procure, maintain, or use electronic and information technology, Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency. Section 508 also requires that individuals with disabilities, who are members of the public seeking information or services from a Federal agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency.
| (b) | Accordingly, any offeror responding to this solicitation must comply with established HHS EIT accessibility standards. Information about Section 508 is available at http://www.hhs.gov/web/508. The complete text of the Section 508 Final Provisions can be accessed at http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards. |
| (c) | The Section 508 accessibility standards applicable to this solicitation are stated in the clause at 352.239-74, Electronic and Information Technology Accessibility. |
| In order to facilitate the Government's determination whether proposed EIT supplies meet applicable Section 508 accessibility standards, offerors must submit an HHS Section 508 Product Assessment Template, in accordance with its completion instructions. The purpose of the template is to assist HHS acquisition and program officials in determining whether proposed EIT supplies conform to applicable Section 508 accessibility standards. The template allows offerors or developers to self-evaluate their supplies and document—in detail—whether they conform to a specific Section 508 accessibility standard, and any underway remediation efforts addressing conformance issues. Instructions for preparing the HHS Section 508 Evaluation Template are available under Section 508 policy on the HHS Web site http://www.hhs.gov/web/508. | |
| In order to facilitate the Government's determination whether proposed EIT services meet applicable Section 508 accessibility standards, offerors must provide enough information to assist the Government in determining that the EIT services conform to Section 508 accessibility standards, including any underway remediation efforts addressing conformance issues. | |
| (d) | Respondents to this solicitation must identify any exception to Section 508 requirements. If a offeror claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies or services delivered do not conform to the described accessibility standards, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense. |
SECTION J – LIST OF ATTACHMENTS
| IDENTIFIER | DESCRIPTION | NUMBER OF PAGES |
| Attachment 1 | *Laboratory Supply List | 8 |
SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS
K.1 CLAUSES INCORPORATED BY REFERENCE – FAR 52.252-2 (FEB 1998)
THIS Contract incorporates FAR provisions/clauses referenced, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The full text of a clause accessed electronically at this webside address: FAR – https://www.acquisition.gov/far/index.html.
| FAR Clause |
| Title |
| Date |
| 52.212-1 |
| Instructions to Offerors-Commercial Items |
| OCT 2018 |
| K.1 | OFFEROR STATEMENTS | ||||
| Solicitation Number: | |||||
| Organization Name: | |||||
| TIN Number: | |||||
| DUNS Number: | |||||
| K.2 | FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) | ||||
| The Offeror certifies that it has registered in System for Award Management www.sam.gov, as required by FAR 52.204-7. | |||||
| K.3 | FAR 52.204-8 ANNUAL REPRESENTATIONS & CERTIFICATIONS (OCT 2018) | ||||
| (a) | (1) | The North American Industry Classification System (NAICS) code for this acquisition is 325413. | |||
| (2) | The small business size standard is 1250. | ||||
| (3) | The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. | ||||
| (b) | (1) | If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies. | |||
| (2) | If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes: | ||||
| □ (i) | Paragraph (d) applies. | ||||
| □ (ii) | Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation. | ||||
| (c) | (1) | The following representations or certifications in SAM are applicable to this solicitation as indicated: | |||
| (i) | 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless— | ||||
| (A) | The acquisition is to be made under the simplified acquisition procedures in Part 13; | ||||
| (B) | The solicitation is a request for technical proposals under two-step sealed bidding procedures; or | ||||
| (C) | The solicitation is for utility services for which rates are set by law or regulation. | ||||
| (ii) | 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000. | ||||
| (iii) | 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management. | ||||
| (iv) | 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that— | ||||
| (A) | Are not set aside for small business concerns; | ||||
| (B) | Exceed the simplified acquisition threshold; and | ||||
| (C) | Are for contracts that will be performed in the United States or its outlying areas. |
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