Cont_SF_1449__CRSU_BCMA.pdf

Solicitation 75H71219Q00007 Colorado River Service Units

Software Services & Equipment for BCMA in Parker, Arizona

Continuation from SF 1449

Table of Contents

SECTION B – CONTINUATION OF SF 1449

B.1 CONTRACT ADMINISTRATION DATA

B.2 SPECIAL CONTRACT REQUIREMENTS

A. PHYSICAL DEMAND AND WORK ENVIRONMENT

B. PATIENT CULTURAL BACKGROUND

C. REVIEW AND APPROVAL AND EVALUATION

D. VERIFICATION OF LICENSURE

E. POST-AWARD ADMINISTRATION MONITORING

F. BACKGROUND CHECK

G. PERIOD OF PERFORMANCE

H. DESIGNATION OF CONTRACTING OFFICER REPRESENTATIVE (COR)

I. CONTRACTOR OFFICER REPRESENTATIVE (COR)

J. CONTRACTING OFFICER (CO) RESPONSIBILITIES

K. CHILD CARE NATIONAL AGENCY CHECK & INVESTIGATION (CNACI)

L. SECURITY

M. INFORMATION TECHNOLOGY SECURITY

SECTION C - CONTRACT CLAUSES

A. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

B. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES

OR EXECUTIVE ORDER – COMMERCIAL ITEMS (MAY 2019)

C. 52.216.18 ORDERING (OCT 1995)

D. 52.216-19 ORDER LIMITATIONS (OCT 1995)

E. 52.216-22 INDEFINITE QUANTITY (OCT 1995)

F. 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

G. 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

H. 52.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (JAN 1997)

I. HEALTH & HUMAN SERVICES ACQUISITION REGULATION CLAUSES, 48 CFR

CHAPTER 3 CLAUSES (INCORPORATED BY REFERENCE):

http://farsite.hill.af.mil/vfhhsara.htm

SECTION D - CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

A. ATTACHMENT A: RATE SCHEDULE

B. ATTACHMENT B: BUSINESS ASSOCIATE AGREEMENT

C. ATTACHMENT C: TAX EXEMPTION LETTER

D. ATTACHMENT D: STATEMENT OF WORK

SECTION E - SOLICITATION PROVISIONS

A. 52.215-1 INSTRUCTIONS TO OFFERORS – COMPETITIVE ACQUISITIONS (JAN 2004)

B. ADDENDUM TO FAR 52.212-1 - INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

C. 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014)

D. ADDENDUM TO FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS

E. 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL

ITEMS (OCT 2018)

F. 52.216-1 TYPE OF CONTRACT (APR1984)

G. 52.233-2 SERVICE OF PROTEST (SEPT 2006)

H. DEPARTMENT OF HEALTH AND HUMAN SERVICES TOBACCO POLICY

B.1 CONTRACT ADMINISTRATION DATA

(continuation from Standard Form 1449, block 18A.)

OFFERORS MUST COMPLETE AND RETURN ALL INFORMATION DESIGNATED IN 52.212-

1, INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS, PARAGRAPH “b”, ADDRESS

ALL TECHNICAL FACTORS IN 52.212-2 EVALUATION- COMMERCIAL ITEMS, AND

COMPLETE 52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS -

COMMERCIAL ITEMS PRIOR TO THE TIME SPECIFIED IN BLOCK 8 OF SF 1449 IN

ORDER TO BE CONSIDERED FOR AWARD.

NOTIFICATION TO ALL OFFERORS:

1. Federal Acquisition Regulations (FAR) require all Contractors conducting business with the

Government to be registered in the online database: 1) The System Awards Management System

(SAM) Government-wide online database for the provision of basic information relative to contract awards [refer to FAR Clause 52.212-4, para (t)].

You may accomplish these registrations online at the following web sites:

SAM – http://www.sam.gov

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

a. CONTRACTOR:

DUNS Number:

[See FAR 52.212-1 Instructions… (j) Data Universal Numbering System (DUNS) Number]

TAX ID:

b. GOVERNMENT:

Contracting Officer

Indian Health Service (IHS)

Phoenix Area Office

Division of Acquisition Management

Two Renaissance Square

40 N. Central Avenue, Suite 507

Phoenix, AZ 85004-0931

3. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the Contractor shall be electronically reimbursed:

[X] 52.232-34, Payment by Electronic Funds Transfer- Other than Central

Contractor Registration http://www.sam.gov/

[ ] 52.232-36, Payment by Third Party

4. INVOICES: Invoices shall be submitted in ARREARS:

a. Quarterly [ ]

b. Semi-Annually [ ]

c. Other [X] Monthly in Arrears

5. GOVERNMENT INVOICE ADDRESS: All invoices from the Contractor shall be submitted electronically.

INVOICING/BILLING:

Contractor shall establish a recordkeeping system of Contractor services provided. Contractor may only bill for actual hours worked on-site at the IHS. At the end of each month the Contractor will submit an invoice for payment.

Invoice Requirements and Supporting Documentation: Supporting documentation and invoices must be submitted no later than the 30th workday of the month after services have been provided.

Changes or corrections shall be submitted by separate invoice. In addition to information required for submission of a “proper” invoice in accordance with FAR 52.212-4 (g) all invoices must include:

Name and address of Contractor

Invoice Date

Contract Number and Purchase/Task Order Number

Date of Service

CLIN-Number: Example: 0001 Physician

Physician’s Name

Electronic Invoicing: The Phoenix Area Indian Health Service has initiated an important change in the accounts payable process that is mandatory and will ensure Contractors are paid promptly. All invoices are to be submitted by email to PHXAreaAP-team@ihs.gov.

Indian Health Service (IHS)

Phoenix Area Office

Attn: Financial Management Branch

Two Renaissance Square

40 N. Central Avenue

Phoenix, AZ 85004

Service Unit Representative: Lesley.Preston@ihs.gov

A copy of the invoice should be sent electronically to the Service Unit Representative(s) at the address listed above.

Payments in Full/ No Billing IHS Beneficiaries: The Contractor shall accept payment for services rendered under this contract as payment in full. IHS beneficiaries shall not under any circumstances be charged nor shall their insurance companies including Medicare be charged for services rendered by the Contractor under this contract, even if IHS does not pay for those services. The Contractor shall not bill, charge, collect a deposit from, seek compensation, remuneration, or reimbursement from, or have any recourse against, any person or entity other than the IHS for services provided pursuant to mailto:PHXAreaAP-team@ihs.gov mailto:Lesley.Preston@ihs.gov this contract. It shall be considered fraudulent for the Contractor to bill other third parties for services rendered under this contract. This provision shall survive the termination or ending of the contract.

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

B.2 SPECIAL CONTRACT REQUIREMENTS

1. PATIENT CULTURAL BACKGROUND:

Some of the IHS patients receiving services under this contract may only speak a native language or

Spanish or may have limited comprehension of the English language, and/or may reside on a Native

American Indian Reservation. The Contractor is expected to demonstrate sensitivity to cross-cultural and language difference and have the ability to work through government provided interpreters as necessary.

Consideration must be given to potentially limited transportation and/or home environment facilities.

2. PERIOD OF PERFORMANCE:

Contract performance shall be for a base year and four (4) one (1) year option for renewal commencing from date of the award of the contract. Option year renewals shall be by a written amendment to the contract and approved by the Contracting Officer.

Option renewals will be on the basis of the existing requirement of the Government, performance of satisfactory service provided during the base year, and contingent upon availability of funds for the appropriate fiscal year.

Estimated Period of Performance: Base Year: 9 September 2019 thru 8 September 2020

With four one year option periods.

3. DESIGNATION OF CONTRACTING OFFICER REPRESENTATIVE (COR):

Stephanie Aird, Lesley.Preston@ihs.gov, is hereby designated the COR to monitor the performance of this order on behalf of the government.

4. CONTRACTOR OFFICER REPRESENTATIVE (COR):

The Contracting Officer will designate in writing a COR who shall be responsible for:

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

2 Interpreting scope of work;

3 Performing technical evaluations required;

4 Performing technical inspections and acceptances required by this contract;

5 Monitoring funds available for obligation under this contract;

mailto:Lesley.Preston@ihs.gov, 6 The resolution of technical problems encountered during performance of this contract;

In no event is the COR empowered to change any of the terms and conditions of the contract. Changes in the scope of work, contract price, quantity, and quality or delivery schedule shall be made only by the

Contracting Officer by a properly exercised modification.

The designation of a COR does not authorize or provide a legal right to change any kind of contractual terms regardless of the Contractor’s apparent difficulties in fulfilling contract requirements.

5. CONTRACTING OFFICER (CO) RESPONSIBILITIES:

The Contracting Officer is the only person delegated the authority to negotiate changes in terms, conditions, or amounts cited in this contract.

6. CHILD CARE NATIONAL AGENCY CHECK & INVESTIGATION (CNACI):

In accordance with the Child Care National Agency Check and Investigation (CNACI) directive, implemented by the IHS, the following documents will be required from the Contractor and all employees they utilize under this awarded contract:

1. DHHS Application Background Survey.

2. DHHS/IHS Required Application Questionnaire for Child Care Positions.

3. IHS – Release of Personal Information.

4. SF-85 Questionnaire for Non-Sensitive Positions.

5. GSA Form 176 – Statement of Personal History.

6. FD-258 Federal Bureau of Investigation Fingerprint Analysis Chart

A Contractor whose duties and responsibilities involve regular contract or control over children is subject to a character investigation as required by Public Law 101-630, the Indian Child Protection and Family

Violence Prevention Act. The Phoenix Area IHS Office of Human Resources or the IHS Service Unit conducts these investigations following contract award. The Character investigation may be waived if, in the judgment of the Contracting Officer, in consultation with the Human Resource Officer, an investigation has already been conducted and is on file. Until the character investigation has been completed and the

Contracting Officer notified of the results, the Contractor must not have unsupervised contact with the

Indian Children.

7. SECURITY:

The Contractor shall abide by the following Security Standards that are required for the position:

Federal Security Identification Badge Request: It is the responsibility for the department to provide the necessary clearances to the IHS computer system as well as other security requirements needed for the

Contractor to perform their duties.

8. INFORMATION TECHNOLOGY SECURITY:

The Indian Health Service (IHS) is responsible for maintaining an information security program that provides protection for information collected or maintained by or on behalf of the Agency; and information systems used or operated by the Agency or by a Contractor of the Agency or other organization on behalf of the Agency.

IT SECURITY – INFORMATION SYSTEMS SECURITY AWARENESS (ISSA) TRAINING:

Information Systems Security Awareness (ISSA) is mandatory annual security awareness training for all

IHS system users and fulfills Federal mandates and regulations. IHS develops the modules in line with

National Institute of Standards and Technology (NIST) guidelines on information security awareness and information security trainings.

The ISSA modules fulfill an IHS user's annual requirements for the following:

1. Acknowledgement and acceptance of the IHS Rules of Behavior

2. Privacy training

3. Protecting sensitive information and the Health Insurance Portability and Accountability Act

(HIPAA) & the Health Information Technology for Economic and Clinical Health Act (HITECH)

4. Physical and information security

5. Appropriate email use

6. Protecting mobile devices and portable media

7. Social engineering awareness

8. Incident response and learning from past incidents

You can take the training or learn more at the ISSA website.

All IHS information system users must take annual security and privacy training in order to fulfill federal mandates and regulations. In addition, all new users must successfully complete this course within 24 hours of receiving access unless the user has read the IHS Quick Guide to Information Security, in which case they will have 30 days to complete the training. Failure to complete training requirements will result in the loss of information systems access.

SECTION C - CONTRACT CLAUSES

A. 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://www.acquisition.gov/far/

FAR

NUMBER

TITLE

DATE

52.202-1 DEFINITIONS NOV 2013

52.203-5 COVENANT AGAINST CONTIGENT FEES MAY 2014

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE

GOVERNMENT

SEP 2006

52.203-7 ANTI-KICKBACK PROCEDURES MAY 2014

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST DEC 2011

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM

APR 2014

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER

CONTENT PAPER

MAY 2011

http://www.ihs.gov/ISSA/ http://www.ihs.gov/ISSA/security_pamphlet_slick.pdf https://www.acquisition.gov/far/

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

JAN 2011

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE JUL 2016

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS

DEC 2014

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS OCT 2018

52.222-17 NONDISPLACEMENT OF QUALIFIED WORKERS MAY 2014

52.222-50 COMBATING TRAFFICKING IN PERSONS MAR 2015

52.223-10 WASTE REDUCTION PROGRAM MAY 2011

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING

AUG 2011

52.224-1 PRIVACY ACT NOTIFICATION APR 1984

52.224-2 PRIVACY ACT APR 1984

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES JUN 2008

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN

CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN—

REPRESENTATION AND CERTIFICATIONS

AUG 2018

52.232-1 PAYMENTS APR 1984

52.232-7 PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOURS

CONTRACTS

AUG 2012

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS APR 1984

52.233-2 SERVICE OF PROTEST SEP 2006

52.233-4 APPLICATION LAW FOR BREACH OF CONTRACT CLAIM OCT 2004

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND

VEGETATION

APR 1984

52.237-3 CONTINUITY OF SERVICES JAN 1991

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS OCT 2018

B. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES

OR EXECUTIVE ORDER – COMMERCIAL ITEMS (MAY 2019)

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

(1)52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN

2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3)52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(4)52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5)52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 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 items:

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 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).

_X (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American

Recovery and Reinvestment Act of 2009.)

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2018)

(Pub. L. 109-282) (31 U.S.C. 6101 note).

_X (5) [Reserved]

(6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of

Div. C).

https://www.law.cornell.edu/cfr/text/48/52.203-19 https://www.law.cornell.edu/rio/citation/Pub._L._113-235 https://www.law.cornell.edu/cfr/text/48/52.204-23 https://www.law.cornell.edu/rio/citation/Pub._L._115-91 https://www.law.cornell.edu/cfr/text/48/52.209-10 https://www.law.cornell.edu/cfr/text/48/52.233-3 https://www.law.cornell.edu/uscode/text/31/3553 https://www.law.cornell.edu/cfr/text/48/52.233-4 https://www.law.cornell.edu/uscode/text/19/3805 https://www.law.cornell.edu/cfr/text/48/52.203-6 https://www.law.cornell.edu/uscode/text/41/4704 https://www.law.cornell.edu/cfr/text/48/52.203-13 https://www.law.cornell.edu/uscode/text/41/3509 https://www.law.cornell.edu/cfr/text/48/52.203-15 https://www.law.cornell.edu/topn/american_recovery_and_reinvestment_act_of_2009 https://www.law.cornell.edu/topn/american_recovery_and_reinvestment_act_of_2009 https://www.law.cornell.edu/rio/citation/Pub._L._111-5 https://www.law.cornell.edu/topn/american_recovery_and_reinvestment_act_of_2009 https://www.law.cornell.edu/topn/american_recovery_and_reinvestment_act_of_2009 https://www.law.cornell.edu/cfr/text/48/52.204-10 https://www.law.cornell.edu/rio/citation/Pub._L._109-282 https://www.law.cornell.edu/uscode/text/31/6101 https://www.law.cornell.edu/cfr/text/48/52.204-14 https://www.law.cornell.edu/rio/citation/Pub._L._111-117

_X_ (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).

X (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 Set-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 (JUN 2003) (15 U.S.C. 644).

(ii) Alternate I (OCT 1995) of 52.219-7.

(iii) Alternate II (MAR 2004) of 52.219-7.

(16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

(17)(i) 52.219-9, Small Business Subcontracting Plan (AUG 2018) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (NOV 2016) of 52.219-9.

(iii) Alternate II (NOV 2016) of 52.219-9.

(iv) Alternate III (NOV 2016) of 52.219-9.

(v) Alternate IV (AUG 2018) of 52.219-9.

(18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

(19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

https://www.law.cornell.edu/cfr/text/48/52.204-15 https://www.law.cornell.edu/rio/citation/Pub._L._111-117 https://www.law.cornell.edu/cfr/text/48/52.209-6 https://www.law.cornell.edu/uscode/text/31/6101 https://www.law.cornell.edu/cfr/text/48/52.209-9 https://www.law.cornell.edu/uscode/text/41/2313 https://www.law.cornell.edu/cfr/text/48/52.219-3 https://www.law.cornell.edu/uscode/text/15/657a https://www.law.cornell.edu/cfr/text/48/52.219-3 https://www.law.cornell.edu/cfr/text/48/52.219-4 https://www.law.cornell.edu/uscode/text/15/657a https://www.law.cornell.edu/cfr/text/48/52.219-4 https://www.law.cornell.edu/cfr/text/48/52.219-6 https://www.law.cornell.edu/uscode/text/15/644 https://www.law.cornell.edu/cfr/text/48/52.219-7 https://www.law.cornell.edu/uscode/text/15/644 https://www.law.cornell.edu/cfr/text/48/52.219-7 https://www.law.cornell.edu/cfr/text/48/52.219-7 https://www.law.cornell.edu/cfr/text/48/52.219-8 https://www.law.cornell.edu/uscode/text/15/637#d_2 https://www.law.cornell.edu/cfr/text/48/52.219-9 https://www.law.cornell.edu/uscode/text/15/637#d_4 https://www.law.cornell.edu/cfr/text/48/52.219-9 https://www.law.cornell.edu/cfr/text/48/52.219-9 https://www.law.cornell.edu/cfr/text/48/52.219-9 https://www.law.cornell.edu/cfr/text/48/52.219-9 https://www.law.cornell.edu/cfr/text/48/52.219-13 https://www.law.cornell.edu/uscode/text/15/644#r https://www.law.cornell.edu/cfr/text/48/52.219-14 https://www.law.cornell.edu/uscode/text/15/637#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)).

(25) 52.222-3, Convict Labor (JUN 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 (SEPT 2016) (E.O. 11246).

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

_X_ (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212).

X (ii) Alternate I (July 2014) of 52.222-35.

X (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

_X_ (ii) Alternate I (July 2014) of 52.222-36.

_X_ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC

2010) (E.O. 13496).

(33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (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_ (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.)

https://www.law.cornell.edu/cfr/text/48/52.219-16 https://www.law.cornell.edu/uscode/text/15/637#d_4_F_i https://www.law.cornell.edu/cfr/text/48/52.219-27 https://www.law.cornell.edu/uscode/text/15/657f https://www.law.cornell.edu/cfr/text/48/52.219-28 https://www.law.cornell.edu/uscode/text/15/632#a_2 https://www.law.cornell.edu/uscode/text/15/632#a_2 https://www.law.cornell.edu/cfr/text/48/52.219-29 https://www.law.cornell.edu/uscode/text/15/637#m https://www.law.cornell.edu/cfr/text/48/52.219-30 https://www.law.cornell.edu/uscode/text/15/637#m https://www.law.cornell.edu/cfr/text/48/52.222-3 https://www.govinfo.gov/link/cpd/executiveorder/11755 https://www.law.cornell.edu/cfr/text/48/52.222-19 https://www.govinfo.gov/link/cpd/executiveorder/13126 https://www.law.cornell.edu/cfr/text/48/52.222-21 https://www.law.cornell.edu/cfr/text/48/52.222-26 https://www.govinfo.gov/link/cpd/executiveorder/11246 https://www.law.cornell.edu/cfr/text/48/52.222-26 https://www.law.cornell.edu/cfr/text/48/52.222-35 https://www.law.cornell.edu/uscode/text/38/4212 https://www.law.cornell.edu/cfr/text/48/52.222-35 https://www.law.cornell.edu/cfr/text/48/52.222-36 https://www.law.cornell.edu/uscode/text/29/793 https://www.law.cornell.edu/cfr/text/48/52.222-36 https://www.law.cornell.edu/cfr/text/48/52.222-37 https://www.law.cornell.edu/uscode/text/38/4212 https://www.law.cornell.edu/cfr/text/48/52.222-40 https://www.law.cornell.edu/topn/labor_relations_act https://www.govinfo.gov/link/cpd/executiveorder/13496 https://www.law.cornell.edu/cfr/text/48/52.222-50 https://www.law.cornell.edu/uscode/text/22/chapter-78 https://www.govinfo.gov/link/cpd/executiveorder/13627 https://www.govinfo.gov/link/cpd/executiveorder/13627 https://www.law.cornell.edu/cfr/text/48/52.222-50 https://www.law.cornell.edu/uscode/text/22/chapter-78 https://www.govinfo.gov/link/cpd/executiveorder/13627 https://www.law.cornell.edu/cfr/text/48/52.222-54 https://www.govinfo.gov/link/cpd/executiveorder/12989

_X_ (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 Televisions (Jun 2014) (E.O.s 13423 and

13514).

(ii)Alternate I (Jun 2014) of 52.223-14.

(40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

(41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015)

(E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-16.

(42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

_X_ (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

(44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

(45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

X (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).

_X_ (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.

https://www.law.cornell.edu/cfr/text/48/52.223-9 https://www.law.cornell.edu/uscode/text/42/6962#c_3_A_ii https://www.law.cornell.edu/cfr/text/48/52.223-9 https://www.law.cornell.edu/uscode/text/42/6962#i_2_C https://www.law.cornell.edu/cfr/text/48/52.223-11 https://www.govinfo.gov/link/cpd/executiveorder/13693 https://www.law.cornell.edu/cfr/text/48/52.223-12 https://www.govinfo.gov/link/cpd/executiveorder/13693 https://www.law.cornell.edu/cfr/text/48/52.223-13 https://www.law.cornell.edu/cfr/text/48/52.223-13 https://www.law.cornell.edu/cfr/text/48/52.223-14 https://www.law.cornell.edu/cfr/text/48/52.223-14 https://www.law.cornell.edu/cfr/text/48/52.223-15 https://www.law.cornell.edu/uscode/text/42/8259b https://www.law.cornell.edu/cfr/text/48/52.223-16 https://www.law.cornell.edu/cfr/text/48/52.223-16 https://www.law.cornell.edu/cfr/text/48/52.223-18 https://www.law.cornell.edu/cfr/text/48/52.223-20 https://www.govinfo.gov/link/cpd/executiveorder/13693 https://www.law.cornell.edu/cfr/text/48/52.223-21 https://www.govinfo.gov/link/cpd/executiveorder/13693 https://www.law.cornell.edu/cfr/text/48/52.224-3 https://www.law.cornell.edu/uscode/text/5/552a https://www.law.cornell.edu/cfr/text/48/52.224-3 https://www.law.cornell.edu/cfr/text/48/52.225-1 https://www.law.cornell.edu/uscode/text/41/chapter-83 https://www.law.cornell.edu/cfr/text/48/52.225-3 https://www.law.cornell.edu/uscode/text/41/chapter-83 https://www.law.cornell.edu/uscode/text/41/chapter-83 https://www.law.cornell.edu/uscode/text/19/2112 https://www.law.cornell.edu/uscode/text/19/3805 https://www.law.cornell.edu/uscode/text/19/4001 https://www.congress.gov/public-laws/103rd-congress#182 https://www.law.cornell.edu/cfr/text/48/52.225-3

(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).

(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).

X (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).

_X_ (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)).

X (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).

_X_ (56) 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management

(JUL 2013) (31 U.S.C. 3332).

_X_ (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

X (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)(13)).

(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:

_X_ (1) 52.222-17, Non-displacement of Qualified Workers (May 2014) (E.O. 13495).

https://www.law.cornell.edu/cfr/text/48/52.225-3 https://www.law.cornell.edu/cfr/text/48/52.225-3 https://www.law.cornell.edu/cfr/text/48/52.225-5 https://www.law.cornell.edu/uscode/text/19/2501 https://www.law.cornell.edu/uscode/text/19/3301 https://www.law.cornell.edu/cfr/text/48/52.225-13 https://www.law.cornell.edu/cfr/text/48/52.225-26 https://www.law.cornell.edu/topn/national_defense_authorization_act_for_fiscal_year_2008 https://www.law.cornell.edu/uscode/text/10/2302 https://www.law.cornell.edu/uscode/text/10/2302 https://www.law.cornell.edu/cfr/text/48/52.226-4 https://www.law.cornell.edu/uscode/text/42/5150 https://www.law.cornell.edu/cfr/text/48/52.226-5 https://www.law.cornell.edu/uscode/text/42/5150 https://www.law.cornell.edu/uscode/text/42/5150 https://www.law.cornell.edu/cfr/text/48/52.232-29 https://www.law.cornell.edu/uscode/text/41/4505 https://www.law.cornell.edu/cfr/text/48/52.232-30 https://www.law.cornell.edu/uscode/text/41/4505 https://www.law.cornell.edu/cfr/text/48/52.232-33 https://www.law.cornell.edu/uscode/text/31/3332 https://www.law.cornell.edu/cfr/text/48/52.232-34 https://www.law.cornell.edu/uscode/text/31/3332 https://www.law.cornell.edu/cfr/text/48/52.232-36 https://www.law.cornell.edu/uscode/text/31/3332 https://www.law.cornell.edu/cfr/text/48/52.239-1 https://www.law.cornell.edu/uscode/text/5/552a https://www.law.cornell.edu/cfr/text/48/52.242-5 https://www.law.cornell.edu/uscode/text/15/637#d_13 https://www.law.cornell.edu/cfr/text/48/52.247-64 https://www.law.cornell.edu/uscode/text/46a https://www.law.cornell.edu/uscode/text/46a https://www.law.cornell.edu/uscode/text/10/2631 https://www.law.cornell.edu/cfr/text/48/52.247-64 https://www.law.cornell.edu/cfr/text/48/52.247-64 https://www.law.cornell.edu/cfr/text/48/52.222-17 https://www.govinfo.gov/link/cpd/executiveorder/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).

_X_ (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).

_X_ (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).

_X_ (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.

https://www.law.cornell.edu/cfr/text/48/52.222-41 https://www.law.cornell.edu/uscode/text/41/chapter-67 https://www.law.cornell.edu/cfr/text/48/52.222-42 https://www.law.cornell.edu/uscode/text/29/206 https://www.law.cornell.edu/cfr/text/48/52.222-43 https://www.law.cornell.edu/uscode/text/29/206 https://www.law.cornell.edu/cfr/text/48/52.222-44 https://www.law.cornell.edu/uscode/text/29/206 https://www.law.cornell.edu/cfr/text/48/52.222-51 https://www.law.cornell.edu/uscode/text/41/chapter-67 https://www.law.cornell.edu/uscode/text/41/chapter-67 https://www.law.cornell.edu/cfr/text/48/52.222-53 https://www.law.cornell.edu/uscode/text/41/chapter-67 https://www.law.cornell.edu/cfr/text/48/52.222-55 https://www.govinfo.gov/link/cpd/executiveorder/13658 https://www.law.cornell.edu/cfr/text/48/52.222-62 https://www.govinfo.gov/link/cpd/executiveorder/13706 https://www.govinfo.gov/link/cpd/executiveorder/13706 https://www.law.cornell.edu/cfr/text/48/52.226-6 https://www.law.cornell.edu/uscode/text/42/1792 https://www.law.cornell.edu/uscode/text/42/1792 https://www.law.cornell.edu/cfr/text/48/52.215-2 https://www.law.cornell.edu/cfr/text/48/part-4/subpart-4.7

(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) of this paragraph 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 (Oct 2015) (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 (l) 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 2015) (38 U.S.C. 4212).

(ix)52.222-36, Equal Opportunity for Workers with Disabilities (July 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 and E.O. 13627).

(xiv)52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment - Requirements (MAY 2014) (41 U.S.C.

chapter 67).

https://www.law.cornell.edu/cfr/text/48/52.203-13 https://www.law.cornell.edu/uscode/text/41/3509 https://www.law.cornell.edu/cfr/text/48/52.203-19 https://www.law.cornell.edu/rio/citation/Pub._L._113-235 https://www.law.cornell.edu/cfr/text/48/52.204-23 https://www.law.cornell.edu/rio/citation/Pub._L._115-91 https://www.law.cornell.edu/cfr/text/48/52.219-8 https://www.law.cornell.edu/uscode/text/15/637#d_2 https://www.law.cornell.edu/cfr/text/48/52.222-17 https://www.govinfo.gov/link/cpd/executiveorder/13495 https://www.law.cornell.edu/cfr/text/48/52.222-21 https://www.law.cornell.edu/cfr/text/48/52.222-26 https://www.govinfo.gov/link/cpd/executiveorder/11246 https://www.law.cornell.edu/cfr/text/48/52.222-35 https://www.law.cornell.edu/uscode/text/38/4212 https://www.law.cornell.edu/cfr/text/48/52.222-36 https://www.law.cornell.edu/uscode/text/29/793 https://www.law.cornell.edu/cfr/text/48/52.222-37 https://www.law.cornell.edu/uscode/text/38/4212 https://www.law.cornell.edu/cfr/text/48/52.222-40 https://www.law.cornell.edu/topn/labor_relations_act https://www.govinfo.gov/link/cpd/executiveorder/13496 https://www.law.cornell.edu/cfr/text/48/52.222-41 https://www.law.cornell.edu/uscode/text/41/chapter-67 https://www.law.cornell.edu/cfr/text/48/52.222-50 https://www.law.cornell.edu/uscode/text/22/chapter-78 https://www.govinfo.gov/link/cpd/executiveorder/13627 https://www.govinfo.gov/link/cpd/executiveorder/13627 https://www.law.cornell.edu/cfr/text/48/52.222-50 https://www.law.cornell.edu/uscode/text/22/chapter-78 https://www.govinfo.gov/link/cpd/executiveorder/13627 https://www.law.cornell.edu/cfr/text/48/52.222-51 https://www.law.cornell.edu/uscode/text/41/chapter-67

(xv)52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services - Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi)52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvii)52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

(xviii)52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix)

(A)52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B)Alternate I (JAN 2017) of 52.224-3.

(xx)52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

2302 Note).

(xxi)52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii)52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause

52.247-64.

(2) While not required, the Contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

D. 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 calendar days.

https://www.law.cornell.edu/cfr/text/48/52.222-53 https://www.law.cornell.edu/cfr/text/48/52.222-54 https://www.govinfo.gov/link/cpd/executiveorder/12989 https://www.law.cornell.edu/cfr/text/48/52.222-55 https://www.govinfo.gov/link/cpd/executiveorder/13658 https://www.law.cornell.edu/cfr/text/48/52.222-62 https://www.govinfo.gov/link/cpd/executiveorder/13706 https://www.govinfo.gov/link/cpd/executiveorder/13706 https://www.law.cornell.edu/cfr/text/48/52.224-3 https://www.law.cornell.edu/uscode/text/5/552a https://www.law.cornell.edu/cfr/text/48/52.224-3 https://www.law.cornell.edu/cfr/text/48/52.225-26 https://www.law.cornell.edu/topn/national_defense_authorization_act_for_fiscal_year_2008 https://www.law.cornell.edu/uscode/text/10/2302 https://www.law.cornell.edu/uscode/text/10/2302 https://www.law.cornell.edu/cfr/text/48/52.226-6 https://www.law.cornell.edu/uscode/text/42/1792 https://www.law.cornell.edu/uscode/text/42/1792 https://www.law.cornell.edu/cfr/text/48/52.247-64 https://www.law.cornell.edu/uscode/text/46a https://www.law.cornell.edu/uscode/text/46a https://www.law.cornell.edu/uscode/text/10/2631

E. 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

a. The Government may extend the term of this contract by written notice to the Contractor within

15 calendar days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 calendar 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 and six (6) months.

F. 52.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (JAN 1997)

(a) It is expressly agreed and understood that this is a non-personal services contract, as defined in

Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the

Contractor are rendered in its capacity as an independent Contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over professional aspects of the services rendered, including by example, the Contractor’s professional medical judgment, diagnosis, or specific medical treatments. The Contractor shall be solely liable for and expressly agrees to indemnify the Government with respect to any liability producing acts or omissions by it or by its employees or agents. The Contractor shall maintain during the term of this contract liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence:

* One (1) million dollars per occurrence.

(b) An apparently successful offeror, upon request by the Contracting Officer, shall furnish prior to contract award evidence of its insurability concerning the medical liability insurance required by paragraph (a) of this clause.

(c) Liability insurance may be on either an occurrences basis or on a claims-made basis. If the policy is on a claims-made basis, an extended reporting endorsement (tail) for a period of not less than 3 years after the end of the contract term must also be provided.

(d) Evidence of insurance documenting the required coverage for each health care provider who will perform under this contract shall be provided to the Contracting Officer prior to the commencement of services under this contract. If the insurance is on a claims-made basis and evidence of an extended reporting endorsement is not provided prior to the commencement of services, evidence of such endorsement shall be provided to the Contracting Officer prior to the expiration of this contract. Final payment under this contract shall be withheld until evidence of the extended reporting endorsement is provided to the Contracting Officer.

(e) The policies evidencing required insurance shall also contain an endorsement to the effect that any cancellation or material change adversely affecting the Government’s interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer. If, during the performance period of the contract the Contractor changes insurance providers, the

Contractor must provide evidence that the Government will be indemnified to the limits specified in paragraph (a) of this clause, for the entire period of the contract, either under the new policy, or a combination of old and new policies.

(f) The Contractor shall insert the substance of this clause, including this paragraph (f), in all subcontracts under this contract for health care services and shall require such sub-Contractors to provide evidence of and maintain insurance in accordance with paragraph (a) of this clause. At least 5 http://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2037_1.html#wp1082881 days before the commencement of work by any sub-Contractor, the Contractor shall furnish to the

Contracting Officer evidence of such insurance.

G. HEALTH & HUMAN SERVICES ACQUISITION REGULATION CLAUSES, 48 CFR

CHAPTER 3 Clauses (Incorporated by Reference): http://farsite.hill.af.mil/vfhhsara.htm

HHSAR

NUMBER

TITLE DATE

352.203-70 ANTI-LOBBYING DEC 2015

352.208-70 PRINTING AND DUPLICATION DEC 2015

352.211-3 PAPERWORK REDUCTION ACT DEC 2015

352.222-70 CONTRACTOR COOPERATION IN EQUAL EMPLOYMENT

OPPORTUNITY INVESTIGATIONS

DEC 2015

352.223-70 SAFETY AND HEALTH DEC 2015

352.224-70 PRIVACY ACT DEC 2015

352.227-70 PUBLICATIONS AND PUBLICITY DEC 2015

352.224-71 CONFIDENTIAL INFORMATION DEC 2015

352.233-71 LITIGATION AND CLAIMS DEC 2015

352.237-70 PRO-CHILDREN ACT DEC 2015

352.237-71 CRIME CONTROL ACT-REPORTING OF CHILD ABUSE DEC 2015

352.237-72 CRIME CONTROL ACT-REQUIREMENT FOR BACKGROUND

CHECKS

DEC 2015

352.237-73 INDIAN CHILD PROTECTION AND FAMILY VIOLENCE ACT DEC 2015

352.237-73 KEY PERSONNEL DEC 2015

SECTION D - CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

A. Attachment A: Pricing Schedule

B. Attachment B: Business Associates Agreement. This Agreement is attached and will be fully incorporated into the Contract.

C. Attachment C: Tax Exemption Letter. This exemption letter is attached and will be fully incorporated into the contract.

D. Attachment D: Statement of Work. This is attached and fully incorporated into the Contract.

SECTION E - SOLICITATION PROVISIONS/INSTRUCTIONS

A. 52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITIONS (JAN 2004)

(a) Definitions. As used in this provision—

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer’s discretion, result in the offeror being allowed to revise its proposal.

“In writing,” “writing,” or “written” means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation’s closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a…