75H70924R00001 Mobile Mammography Services.pdf

Request for Proposal: 75H70924R00001

ISSUE DATE: April 12, 2024

DUE DATE: May 12, 2024

This office is soliciting proposals from interested offeror to provide Mobile Mammography Services to the

Browning Community Hospital (BCH). The Billings Area Indian Health Service (BAIHS) requests that you review the enclosed Request for Proposal (RFP) and proposal instructions and provide this office with a response, utilizing the information contained therein.

COMPLETION OF SOLICITATION REQUIREMENTS:

Ensure all forms and additional information is completed in their entirety and verify calculations before signing the proposal.

Your proposal shall be prepared and submitted in accordance with Section E‐1 Instructions to Offeror –

Commercial Products and Commercial Services and Section E‐2 Addendum to 52.212-1 Instructions to Offerors

– Commercial Products and Commercial Services. This paragraph shall stipulate the submission of all required documents and certifications, to determine your responsibility of providing the required services. All proposals must be received in the Division of Acquisition Management & Contracts by offer due date listed on Standard

Form 1449.

DEPARTMENT OF HEALTH & HUMAN SERVICES

Public Health Service

Health Services Administration

Billings Area Indian Health Service

MOBILE MAMMOGRAPHY SERVICES ‐ BILLINGS AREA INDIAN HEALTH SERVICE SOLICITATION NO.:

75H70924R00001

TABLE OF CONTENTS

SECTION A - SF1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B – OVERVIEW

B-1 PURPOSE OF CONTRACT

B-2 FEE SCHEDULE

B-3 DEFINITIONS

B-4 STATEMENT OF WORK

B-5 PERIOD OF PERFORMANCE

B-6 CONTRACTING OFFICER’S RESPONSIBLITY

B-7 PRIVACY ACT NOTIFICATION

B-8 CONTRACTING OFFICER’S REPRESENTATIVE

B-9 OFFICIALS AUTHORIZED TO PLACE ORDERS AGAINST THIS CONTRACT

B-10 INVOICE SUBMISSION

B-11 CONTRACTOR’S REPRESENTATIVES

SECTION C – CONTRACT CLAUSES

C-1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C-2 52.212-4 CONTRACT TERMS & CONDITIONS-COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2023)

C-3 52.212-5 CONTRACT TERMS & CONDITIONS IMPLEMENT STATUTES OR

EXECUTIVE ORDERS-COMMERCIALPRODUCTS AND COMMERCIAL

SERVICES (FEB 2024)

C-4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C-5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C-6 52.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (JAN 1997)

C-7 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)

C-8 DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITON REGULATIONS

(HHSAR) (48 CFR CHAPTER 3) CLAUSES

C-9 352.232-71 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (FEB 2022)

C-10 352.237-70 PRO-CHILDREN ACT (DEC 2015)

C-11 352.237-71 CRIME CONTROL ACT OF 1990-REPORTING OF CHILD ABUSE

(DEC 2015)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

D-1 STATEMENT OF WORK

SECTION E - SOLICITATION PROVISIONS

E-1 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

E-2 ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

E-3 52.212-2 EVALUATION-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(NOV 2021)

E-4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (FEB 2024)

E-5 52.216-1 TYPE OF CONTRACT (APR 1984)

E-6 52.233-2 SERVICE OF PROTEST (SEP 2006)

E-7 FAR PROVISIONS INCORPRATED BY REFERENCE

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

Billings MT 59101 P.O. Box 36600 2900 4th Avenue North Billings Area Indian Health Service

IHSBROWNING CODE 16. ADMINISTERED BYCODE

X

X

621512

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR224

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

05/12/2024 1200 ET

04/12/2024

406-638-3497JOHNNA PRYOR

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

75H70924R00001

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

BROWNING MT 59417

760 HOSPITAL CIRCLE

IHSBROWNING

15. DELIVER TO

Billings MT 59101 P.O. Box 36600 2900 4th Avenue North

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$19

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

Billings Area Indian Health Service

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

THE CONTRACTOR SHALL PROVIDE MOBILE MAMMOGRAPHY

SERVICES TO THE BROWNING COMMUNITY HOSPITAL IN

ACCORDANCE WITH THE STATEMENT OF WORK.

Period of Performance: 06/01/2024 to 05/31/2025

1 BASE YEAR 24 DA

24 REGULAR CLINIC VISITS

2 OPTION PERIOD 1 24 DA

Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

DEEANDRA SALABYE

. 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 FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

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:

REF.

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. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

24 REGULAR CLINIC VISITS

(Option Line Item)

3 OPTION PERIOD 2 24 DA

24 REGULAR CLINIC VISITS

(Option Line Item)

4 OPTION PERIOD 3 24 DA

24 REGULAR CLINIC VISITS

(Option Line Item)

5 OPTION PERIOD 4 24 DA

24 REGULAR CLINIC VISITS

(Option Line Item)

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SECTION B – OVERVIEW

B-1 PURPOSE OF CONTRACT:

1.1 GENERAL: The purpose of the contract is to provide a Mammography Coach/Bus for mobile professional mammography examination services including screenings exams, diagnostics exams, ultra-sonography and bone density scans and diagnostic interpretation services using digital radiographic imaging techniques to improve the quality and timeliness of interpretations for diagnoses and treatment of patients presenting at BCH for health care.

The services affect a broad range of patients and impacts the attending physician/providers ability to provide direct patient care. All services supplied by contractor under the terms of the contract shall be performed in compliance with all requirements and regulations of Accreditation from the American College of Radiology (ACR). Certification from Federal Food and Drug Administration (FDA)/Mammography Quality Standards Act (MQSA). Annual Physicist Report. Registry from American Registry of Radiologic Technologists (ARRT) for technologist. Joint Commission on Accreditation of Healthcare Organizations (JCAHO) reporting requirements. Centers for Medicare & Medicaid Services (CMS) guidelines. Health Information Portability and Accountability Act (HIPAA).

1.2 INTRODUCTION: The Indian Health Service (IHS) is an agency within the US Department of Health and Human Services (DHHS), and is responsible for providing federal health services to American Indians and Alaska Natives. The provision of health services to members of federally recognized tribes grew out of the special relationship between the federal government and Indian tribes. The IHS is the principal health care provider and health advocate for the Indian people. The IHS goal is to assure that accessible health care services are available to the American Indian and Alaska Natives. The IHS currently provides health services to approximately 1.5 million American Indians and Alaska Natives, who belong to 557 federally, recognized tribes in 34 states.

The BAIHS Service Unit to be serviced is as follows:

Blackfeet Service Unit Browning Community Hospital 760 Hospital Drive Browning, MT 59417

B-2 FEE SCHEDULE:

The Contractor shall be compensated at a fixed unit price listed for Mobile Mammography Services provided in accordance with the Statement of Work (SOW).

Period Description QTY UOM Rate Total

Base Year

CLIN 001 Mobile Mammography Services 24 Visits

Base Total:

Option Year 1 CLIN 101 Mobile Mammography Services 24 Visits

Option Year 1 Total:

Option Year 2 CLIN 201 Mobile Mammography Services 24 Visits

Option Year 2 Total:

Option Year 3 CLIN 301 Mobile Mammography Services 24 Visits

Option Year 3 Total:

Option Year 4 CLIN 401 Mobile Mammography Services 24 Visits

Option Year 4 Total:

Grand Total $

B-3 DEFINITIONS:

3.1 Acceptance: Constitutes acknowledgement that the supplies or services conform to applicable contract quality and quantity requirements, except as provided in FAR subpart 46.5 and subject to other terms and conditions of the contract.

3.2 Approval: Acknowledgment by the designated Government employee that submittals, deliverables, or administrative documents (e.g., insurance certificates, installation schedules, planned utility interruptions, etc.) conform to the contractual requirements. Government approval does not relieve the Contractor from responsibility for compliance with contract requirements.

3.4 Area: A defined geographical region for Indian Health Service administrative purposes.

Each Area Office may administer several Service Units.

3.5 Authorized Ordering Official: A Government employee with the authority to order/issue and sign individual task orders for a specific healthcare facility.

3.6 Award Term Plan: plan of action to extend the contract per the Option Years for successful completion of the quality assurance plan.

3.6 Contracting Officer (CO): A Government employee with the authority to enter into, administer, and/or terminate a contract and make related determinations and findings.

3.7 Contracting Officer’s Representative (COR): A Government employee responsible for administration of this contract. The COR closely monitors the contract for Contractor compliance and reports to the Contracting Officer.

3.8 Contractor: The Entity awarded a legal binding contract to provide supplies and/or services.

3.9 Customer: Patients, staff and visitors of a BAIHS service unit and medical facility.

3.10 Customer Evaluation/Input: Written comments made to the Contracting Officer regarding the Contractor’s performance. This is one of the criteria used to evaluate the Contractor’s performance.

3.11 Facility Point of Contact: A Government employee designated by the facility receiving service, who assists the Authorized Ordering Official in the administration of orders and payment of invoices issued under this contract. Has limited authority to contact Contractor regarding routine daily service issues and special requests within the scope of the contract. Assists the Contracting Officer’s Representative to monitor the Contractor for performance.

3.12 Federal Acquisition Regulation (FAR): The FAR is the primary regulation for use by all Federal Executive agencies in their acquisition of supplies and services with appropriated funds.

3.13 Holiday: A day marked by a general suspension of work in commemoration of an event.

3.14 Ordering Official: A Government employee with the authority to order/issue and sign orders.

3.15 Past Performance Information: Relevant information regarding a contractor’s actions under previously awarded contracts. This includes the contractor’s record of conformance to specifications and to standards of good workmanship; the contractor’s record of containing and forecasting costs on any previously performed cost reimbursable contracts; the contractor’s adherence to contract schedules, including the administrative aspects of performance; the contractor’s history for reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the contractor’s business-like concern for the interest of the customer.

3.16 Performance-Based Acquisition: Structuring all aspects of an acquisition around the purpose of the work to be performed with the contract requirements set forth in clear, specific, and objective terms with measurable outcome as opposed to either the manner by which the work is to be performed or a broad and imprecise to the Statement of Work.

3.17 Order For Commercial Products and Commercial Services (SF1449): An order issued in accordance with the terms of the contract that details an ordering activity’s specific requirements.

An authorized ordering official’s written order to obtain services, at a minimum will include the following where applicable: description of services, skill categories, hours, price, period of performance, contract number, and the ordering activity’s order number.

3.18 Acronyms:

ACR: American College of Radiology ARRT: American Registry of Radiologic Technologists BCH: Browning Community Hospital CMS: Center for Medicaid and Medicare Services DICOM: Digital Imaging and Communications in Medicine, standard for the communication and management of medical information and related data FDA: Food and Drug Administration HIPAA: Health Insurance Portability and Accountability Act HL7: Health Level 7, Medical informatics standard that facilities communication among different digital systems.

MQSA: Mammography Quality Standard Act BAIHS: Billings Area Indian Health Service BAO: Billings Area Office OIG: Office of Inspector General PACS: Picture Archiving and Communications System TJC: The Joint Commission

B-4 STATEMENT OF WORK

4.1 Purpose: The Contractor shall provide a Mobile Mammography Coach/Bus on a Biweekly Basis with the option to increase visits. The Contractor shall provide examination and interpretation of medical images to include: X-ray (CR/DR), Computed Axial Tomography (CT), Computed Axial Tomography Angiography (CTA), Mammography (MM), Mammography digital breast Tomosynthesis 3D, Ultrasound (US), Magnetic Resonance Imaging (MRI), and Dual Energy x-ray (DEXA).

4.2 Contractor Requirements:

A. The Contractor shall provide mobile digital mammography exam services as ordered by the attending physician. The Contractor personnel shall independently perform professional reads/interpretations of all imaging studies performed and shall be available for phone consultation for verbal interpretation of any procedure.

B. The Contractor shall complete exams to include mammogram screenings and diagnostic mammography, 3D Mammography, breast ultra-sonography, dual x-ray absorptiometry (DEXA) scans, and further advanced diagnostic mammography imaging as ordered based on screening results.

C. The Contractor shall be responsible for all equipment, materials and incidentals required for patient screening exams, diagnostic exams and all associated services including imaging techniques, positioning, and quality of exam imaging transmitted for interpretations.

D. The Contractor shall perform all exams using appropriate equipment with electronic capabilities for diagnostic interpretations to be completed electronically. All exams and diagnostic interpretations shall be digitized utilizing approved Radiographic and Picture Archiving and Communication System (PACS) network and computerized system. All patient exams shall be entered into the electronic health record (EHR) and the Resource and Patient Management System (RPMS) system of the IHS and shall provide a hard copy report by facsimile within seven days post exam.

E. The Contractor shall transfer patient images to other facilities that IHS does not have access to, if requested by the provider.

F. Facility Data and Images: Except as necessary to provide services under the contract, The Contractor shall not share, distribute or publish any facility business data, patient data or information, or patient images without the express written consent of the originating facility and any such data, information or images shared, distributed or published with the express written consent of the originating facility shall be in accordance with all applicable regulations and requirements of Health Insurance Portability and Accountability Act (HIPAA), Privacy Act, The Joint Commission (TJC), Center for Medicaid and Medicare Service (CMS) and other applicable privacy standards.

G. The Contractor shall provide the mobile mammography coach with all equipment tools, incidentals, connection capability requirements to perform services safely in accordance with JCAHO, FDA/MQSA and CMS guidelines.

H. The Contractor shall provide a full clinic day of eight (8) hours for each visit. Visits may be canceled by the BCH due to inclement weather that will be rescheduled as per agreement with the Contractor.

I. The Contractor shall provide all required QA/QS licenses, certificates and/or any reporting requirements. The Contractor shall provide registered technologists and qualified radiologists certified for mammography to perform all exams and interpretations.

J. The Contractor shall be responsible for all patient screening exams, diagnostic exams and all associated services including imaging techniques, positioning, and quality of exam imaging transmitted for interpretations.

K. The Contractor shall ensure consultations provided by offsite radiologists are conducted under the general direction of the physician in charge, clinical director or provider ordering the procedure/image.

L. The Contractor shall adhere to all current guidelines and regulations within DHHS, PHS, IHS, and BCH’s Medical Staff regulations, procedures and by-laws. The Contractor personnel performing services shall abide by JCAHO, CMS, FDA/MQSA and HIPAA regulations and shall comply with all JCAHO, FDA/MQSA and BCH safety procedures and infection control policies.

M. The Contractor personnel shall perform all patient care services within accepted professional standards and demonstrate cultural sensitivity.

N. The Contractor shall be responsible for maintenance of the mobile coach, proper functioning and upgrades of the mobile coach and its equipment and software involved with the transmission and viewing of the images, including transferring to other facilities that BCH is not able to access.

B-5 PERIOD OF PERFORMANCE: The effective date of this contract is from June 01, 2024 through May 31, 2025 one (1) one-year Base Period and four (4) one-year Option Periods. If the Government exercises its option pursuant to 52.217-9 Option to Extend the term of the Contract, the period of performance will be extended in accordance with the following schedule.

PERIOD OPTION PERIODS

OPTION PERIOD 1: June 01, 2025 through May 31, 2026 OPTION PERIOD 2: June 01, 2026 through May 31, 2027 OPTION PERIOD 3: June 01, 2027 through May 31, 2028 OPTION PERIOD 4: June 01, 2028 through May 31, 2029

B-6 CONTRACTING OFFICER’S RESPONSIBILITY: Authority to negotiate changes in terms, conditions, or amounts cited in this contract is reserved for the Contracting Officer.

B-7 PRIVACY ACT NOTIFICATION: This contract requires the Contractor, on behalf of the Indian Health Service (IHS), to provide health care to American Indians and Alaskan Natives and report selected medical record as required. The Snyder Act (25 U.S.C. 2001) authorizes the collection of this information.

Disclosure of this information may be made by IHS to: other providers of health care for treatment of health maintenance of American Indian or Alaskan Native people; the Office of Worker’s Compensation Programs, Department of Labor; the Department of Justice or their representation of the United State; and for Congressional inquiry assessment; medical audit; or utilization review;

analytical and evaluation studies; to Federal or State agencies as required by law; research purposes supports by IHS; and identification of handicapped children under 10 U.S.C. 1401 et, seq.

B-8 CONTRACTING OFFICER’S REPRESENTATIVE (COR):

Richard BullPlume is designated COR for this contract, and the COR shall be responsible for the following:

1. Monitoring the Contractor’s technical progress, including surveillance and assessment of performance and recommending to the Contracting Officer changes in requirement;

2. Performing technical evaluation as required;

3. Performing technical inspections and acceptance required by this contract; and 4. Assisting the Contractor in the resolution of problems encountered in performance.

B-9 CONTRACTING OFFICER AUTHORITY:

Authority to negotiate changes in the terms, conditions or amounts cited in this contract is reserved for the Contracting Officer.

B-10 INVOICE SUBMISSION: The Contractor shall submit original invoice(s) in accordance with FAR 52.2124(g) by uploading into the Invoice Processing Platform (IPP) @ www.ipp.gov .

If assistance is needed with IPP, then the Contractor shall contact the IPP Helpdesk at (866) 973-3131 (M-F 8AM to 6PM ET), IPPCustomerSupport@fiscal.treasury.gov .

Department of the Treasury’s IPP website that includes training materials:

https://www.ipp.gov/vendors/trainingvendors .

B-11 CONTRACTOR’S REPRESENTATIVES:

Designated Customer Point of Contact Point of Contact, whom the Government may contact for prompt Contract Administration:

CUSTOMER POINT OF CONTACT:

Name:

Title:

Phone Number:

Email:

PART C – CONTRACT CLAUSES

C-1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

Also, the full text of a clause may be accessed electronically at this/these address(es):

https://acquisition.gov/browsefar

FAR Clause No.

Title Date

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.224-1 Privacy Act Notification APR 1984

52.224-2 Privacy Act APR 1984

C-2 52.212-4 CONTRACT TERMS & CONDITIONS-COMMERCIAL PRODUCTS AND

COMMERICAL 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 performance of nonconforming services at no increase in contract price. If repair/replacement or performance 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 post-acceptance 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 Government wide 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 TransferSystem 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 destination 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; 41 U.S.C. 4712 and 10 U.S.C.

4701 relating to whistleblower protections; 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.

(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.

C-3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL PRODUCTS AND

COMMERICAL SERVICES (FEB 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L.

115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.232-40, 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).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

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

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite- Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X_ (8) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

X_ (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

__ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

__ (11) [Reserved].

__ (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C.

657a).

__ (13) 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).

__ (14) [Reserved]

(15) (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.

__ (16) (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.

(17) 52.219-8, Utilization of Small Business Concerns (Sep 2023) ( 15 U.S.C.

637(d)(2) and (3)). __ (18) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) ( 15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Nov 2016) of 52.219-9.

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

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

__ (v) Alternate IV (Sep 2023) of 52.219-9.

__ (19) (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.

X_ (20) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).

__ (21) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C.

637(d)(4)(F)(i)). __ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) ( 15 U.S.C. 657f).

_ (23) (i) 52.219-28, Post Award Small Business Program Representation (Sep 2023)( 15 U.S.C.

632(a)(2)). __ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (24) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(m)).

__ (25) 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 (OCT 2022) ( 15 U.S.C. 637(m)).

__ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) ( 15 U.S.C. 644(r)).

__ (27) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

X_ (28) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

__ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).

X_ (30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X_ (31) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

X_ (32) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

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

X_ (33) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

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

X_ (34) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

X_ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

X_ (36) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

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

X_ (37) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (38) (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.)

__ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (41) (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.

__ (42) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

__ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C.

8259b).

__ (44) (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_ (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (46) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (47) 52.223-21, Foams (Jun2016) (E.O. 13693).

X_ (48) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

__ (49) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

__ (50) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C.

chapter 29 (sections 45014732), Public Law 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 [Reserved].

__ (iii) Alternate II (Dec 2022) of 52.225-3.

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

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (51) 52.225-5, Trade Agreements (Dec 2022) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X_ (52) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (53) 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. Subtitle A, Part V, Subpart G Note).

__ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

__ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

__ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

X_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

__ (61) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).

X_ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

__ (63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).

__ (64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

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

__ (iii) Alternate II (Nov 2021) of 52.247-64.

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

[Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).

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

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

chapter 67).

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

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