AMA_Combined_Synopsis_Solicitaiton_2019.09.03.pdf

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

General Information

Document Type: Combined Synopsis/Solicitation

Solicitation Number: 75R60219Q00229

Posted Date: September 3, 2019

Date, Time and Place Where Offers are Due: September 9, 2019 at 5:00PM (ET)

Pradeep Nair at pnair@hrsa.gov

Classification Code: B506

NAICS Code: 541611

Contracting Office Address

Health Resources and Services Administration

Office of Acquisition Management & Policy

5600 Fishers Lane, Room 14W21C

Rockville, MD 20857

Description

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for

Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation, proposals are being requested and a written solicitation document will not be issued.

The Health Resources and Services Administration (HRSA) is contemplating issuance of award pursuant to Federal Acquisition Regulation (FAR) Part 13.106.

This combined synopsis/solicitation (75R60219Q00229) is a Request for Quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal

Acquisition Circular 2005-96.

This is a Firm Fixed Price Requirement. The Government is not responsible for payment exceeding the award amount.

Statement of Work

I. Background:

The Department of Health and Human Services (HHS) and the Health Resources and Services

Administration (HRSA) are responsible for programs and policies to assure access to health care services, including an adequate supply of health professionals. Enhanced data and information on the physician workforce is critical to this effort. Within HRSA, the National Center for Health

Workforce Analysis is acquiring data from various organizations and professional associations that mailto:pmauro@hrsa.gov collect workforce data to estimate current national and state supply as well as to track trends over time. It is critical for supply and demand projection models, examining migration patterns, for identification of shortage areas, identifying workforce trends, and for the Bureau of Health

Workforce (BHW) Area Health Resource Files.

II. Purpose / General Description:

The purpose of this requirement is to procure the American Medical Association (ADA) Year

End 2018 Physician Master File. The AMA Physician Master File is unique, the only comprehensive source of information on physicians that combines current information on locations and practices. As the major membership organization for physicians, the AMA is in a unique position to compile and assure the completeness of this data. Furthermore, as the sole data base licensee, MMS, Inc. is the only source to obtain this data. This master file is needed to estimate current health occupational supply at the state and national level and to track health workforce trends over time, and ensure that HRSA is able to compare these trends from year to year.

III. Period of Performance / Place of Performance:

Delivery is due 60 days after the effective date of award (exact dates to be incorporated at time of award).

Performance will be carried out at the contractor’s facility.

Data will be sent to HRSA via Secure Electronic File Transfer (SEFT) to the COR. SEFT is a secure file transfer program maintained by the National Institutes of Health (NIH).

IV. Tasks:

Task 1: General Description (Data Elements):

The following data elements shall be included in the AMA Year End 2018 Physician Master File:

1) Identifying Information

Unique ID (Unique identifier for a physician)

Research ID (Unique ID for Physicians in file)

UPIN (Additional identifying number)

National Provider ID (where available)

2) Demographic Information

Physician Name

Physician Address

Physician's sex

Physician's date of birth

Physician's place of birth (City, State if US-born, otherwise country)

Active/inactive indicator (Indication of whether the physician is active)

POA State (State of physician's preferred office (practice) address)

POA Zip 9 (digit ZIP code of physician's preferred office (practice) address)

FIPS State Code (Two-digit FIPS standard State code identifying the State of the physician's preferred office (practice) address)

FIPS County Code (Three-digit FIPS standard County code identifying the county of the physician's preferred address)

PPMA City (City of physician's preferred professional mailing address)

PPMA State – (State of physician's preferred professional mailing address)

PPMA Zip 9(digit ZIP code of physician's preferred professional mailing address)

Address type code indicating whether the address is home, professional, or both

(1=office; 2=home; 3=both; 4=other)

FIPS State code identifying the State of the physician's preferred mailing address

FIPS County code identifying the county of the physician's preferred mailing address

3) Practice Information

Type of practice

Primary present employment

Current Resident (Y/N)

MD/DO flag

Major Professional Activity

Primary self-designated practice specialty

DOPS Specialty

Secondary self-designated practice specialty

Federal/Non-Federal Indicator

Medical School

Year Graduated From Medical School

4) Residency Data for Current Residents

Residency Institution

Residency Start Date

Residency End Date

Residency Specialty

Visa Status

Education Commission for Foreign Medical Graduates (ECFMG)

Task 2: Documentation to Accompany the Master File:

1) A Data Dictionary for each file with the names of each data element in the file and the length of each variable (the maximum length allocated to a variable).

2) A Codebook listing the data elements and data element values. The Codebook shall detail the meaning of each data element value contained in the AMA Year End 2018 Physician

Master File.

Task 3: Federal Records Management

The contractor shall manage and maintain Federal records, including electronic records, ensuing from this contract in accordance with all applicable records management laws and regulations, including but not limited to:

The Federal Records Act (44 U.S.C. Chapters. 21, 29, 31, 33); 36 CFR,

1236.20 “What are appropriate recordkeeping systems for electronic records?”, and

1236.22 “What are the additional requirements for managing electronic mail records?”

(http://www.ecfr.gov/cgi-bin/text-idx?rgn=div5&node=36:3.0.10.2.25);

NARA Bulletin 2013-02, August 29, 2013, “Guidance on a New Approach to Managing

Email Records”

(https://www.archives.gov/records-mgmt/bulletins/2013/2013-02.html); and

NARA Bulletin 2010-05 September 08, 2010, “Guidance on Managing Records in Cloud

Computing Environments”

(http://www.archives.gov/records-mgmt/bulletins/2010/2010-05.html).

Managing the records includes, maintaining records to retain functionality and integrity throughout the records’ full lifecycle including: (1) maintenance of links between records and metadata, and (2) categorization of records to manage retention and disposal, either through transfer of permanent records to NARA or deletion of temporary records in accordance with

NARA-approved retention schedules.

http://www.ecfr.gov/cgi-bin/text-idx?rgn=div5&node=36%3A3.0.10.2.25 https://www.archives.gov/records-mgmt/bulletins/2013/2013-02.html http://www.archives.gov/records-mgmt/bulletins/2010/2010-05.html

75R60219Q00229 - AMA

Task 4: Records Management Training

The contractor shall ensure that all employees having access to (1) Federal information or a

Federal information system, or (2) personally identifiable information (PII), complete the

HRSA Records Management Training before performing work under this contract, and thereafter completing the annual refresher course during the life of the contract. The training can be requested by emailing the records management team at recordsmanagement3@hrsa.gov. The listing of completed training shall be included in the first progress report. Any revisions to this listing as a result of staffing changes shall be submitted with next required progress report.

V. Schedule of Deliverables:

Regardless of format, all digital content or communications materials produced as a deliverable under this contract must conform to applicable Section 508 standards to allow federal employees and members of the public with disabilities to access information that is comparable to information provided to persons without disabilities. Remediation of any materials that do not comply with the applicable requirements as set forth below, shall be the responsibility of the vendor.

HHS guidance regarding accessibility of documents can be found at http://www.hhs.gov/web/section-508/making-files-accessible/index.html

1 One AMA Year End 2018 Physician Master File. This file will be a text document.

2 One Data Dictionary. This file will be a text document.

3 One Codebook. This file will be a text document

4 Provide documentation on maintaining Federal Records to include Records Management Schedule – Due Date 60 Days after Award

All deliverables will be transferred electronically to HRSA using SEFT, a secure email and file transfer service. The accounts are free, and can be obtained at https://secureemail.nih.gov/bds/Login.do.

VI. Invoice/Vouchers:

Receiving payment under this purchase order:

You must be able to accept electronic payments and you must be registered in the System for

Award Management (SAM) database (http://www.sam.gov). Your DUNS number and banking information must be current. Keep in mind that you must make changes in SAM if your bank merges with another bank or you change banks. You are responsible for updating the data in the SAM database and for re-registering before your expiration date. SAM will notify users by e- mail that their file is due to expire beginning 60 days prior to expiration, then 30 days and finally 15 days before expiration.

mailto:recordsmanagement3@hrsa.gov http://www.hhs.gov/web/section-508/making-files-accessible/index.html http://www.hhs.gov/web/section-508/making-files-accessible/index.html https://secureemail.nih.gov/bds/Login.do

Submitting Request for Payment:

The contractor shall submit payment requests to hrsainvoices@hrsa.gov using Standard

Form 1034, Public Voucher for Purchases and Services Other Than Personal. Supporting documentation necessary to substantiate your request may be submitted along with the SF

1034.

Submit the SF 1034 and all supporting documentation in PDF format. An electronic copy of the SF1034 in PDF format may be found at www.gsa.gov/portal/forms/download/115462 .

Only one SF 1034 may be attached to your submission. An e-mail with more than one voucher will be returned to you.

Complete the SF 1034 following the directions below:

In block entitled, Voucher No., enter the number of the voucher.

In block entitled, U.S. Department, Bureau or Establishment and Location enter:

HHS/Health Resources and Services

Administration Office of Acquisition

Management and Policy

5600 Fishers Lane, 14W Rockville, MD

20857

In the block entitled, Date Voucher Prepared, enter the date the voucher is prepared.

In the block entitled, Contract Number and Date, enter the contract number under which reimbursement is claimed and the date the contract was signed. If billing for work done under a task order or BPA call, enter the contract number or

Blanket Purchase Agreement number against which the order or call was issued.

If you are simply billing for deliverables under a Purchase Order, leave this block blank and enter the order number in the block entitled, Number and Date of

Order.

In the block entitled, Requisition Number and Date, leave blank.

In the block entitled, Payee’s Name and Address, enter the name and address as it appears on the contract. In the case of assignment of claims, also supply the remit to address of the organization to which payments are assigned. Enter the DUNS number in this block.

In the block entitled, Number and Date of Order, enter the number and date mailto:hrsainvoices@hrsa.gov http://www.gsa.gov/portal/forms/download/115462 of the Purchase Order, task order or BPA call number.

In the block entitled, Date of Delivery or Service, if billing monthly, enter the specific month/year that the cost were incurred. If billing for a period other than monthly, enter the beginning and ending dates of the cost incurrence period.

In the block entitled, Articles or Services, enter a description of the articles or service provided. If additional space is needed, provide in an attachment.

Include the signed statement, “I certify that all payments requested are for appropriate purposes and in accordance with the contract.”

In blocks entitled, Amount and Total, enter the total dollar amount claimed for this billing.

VOUCHERS WITHOUT ALL REQUIRED INFORMATION WILL BE DENIED

UNTIL THE PROPER INFORMATION IS SUBMITTED.

Inquiries:

Regarding payment, contact the Accounts Payable Section:

PSC/Financial Management Service

DFO Accounting Operations, Suite 200

12501 Ardennes Avenue

Rockville, MD 20857

Telephone: 301-443-3020

Fax: 301-443-0562

Regarding technical issues, inspection and acceptance, call your Contracting Officer

Representative (COR).

Regarding suspension or rejection of costs submitted, call your Contract Specialist.

Note: Your respective COR does not have the authority to (1) solicit proposals, (2) modify the stated terms of the award (i.e. change in price, change in scope of work), (3) issue instructions to the contractor to start or stop work, or (4) approve any action that will result in additional charges to the Federal Government. These changes are the sole responsibility of the Contracting Officer. The Federal Government will not be responsible for cost overruns or unauthorized procurements made by the vendor.

All deliverables are to be separate physical submissions. Additionally, all deliverable items are subject to the review and concurrence of the COR.

Payment Schedule

The contractor shall be reimbursed in one (1) firm-fixed price payment, within 30 days of acceptance of invoices.

Contracting Officer Representative (COR)

The person identified below is hereby designated as the COR for this contract. The responsibility of the COR-is to ensure that the services as outlined in this contract are carried out by the contractor. To this end the COR will provide necessary information, direction, coordination, and et cetera, within scope of this contract. Issuance of changes which affect this contract such as scope or terms and conditions will be accomplished by the Contracting

Officer who is the only party authorized to commit the Federal Government. The Contracting

Officer shall unilaterally change the COR when necessary.

COR

Shafali Srivastava

5600 Fishers Lane 11N70A

Rockville, MD 20857

301-443-9257

Pricing Schedule:

Line

Item Description Quantity Unit Price Total Price

AMA Masterfile, Codebook and Data Dictionary

FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) AND

DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION

REGULATION (HHSAR) (48 CFR CHAPTER 3) CONTRACT CLAUSES

The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.

FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) CONTRACT

CLAUSES

Provisions at FAR 52.212-1; Instructions to Offerors–Commercial Items (Jan 2017), applies to this acquisition. The following agenda also apply:

Submit a Firm Fixed Price quote for the base period and all option periods.

o Quote shall:

Include unit and total pricing per included schedule.

Include detailed specifications for services to be provided.

Clearly list exception(s) and rationale for the exception(s).

http://acquisition.gov/comp/far/index.html

Be signed by an official authorized to bind the organization to contractual awards.

The Government intends to make award as a result of this combined synopsis/solicitation that will include the terms and conditions as set forth herein. To facilitate an award, quotes shall include a statement regarding the terms and conditions as set forth herein as follows:

a) The terms and conditions in the combined synopsis/solicitation are acceptable to be included in the award document without modification, deletion, or addition.

Or

b) The terms and conditions in the combined synopsis/solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:

One electronic quote shall be submitted via email to Pradeep Nair at pnair@hrsa.gov.

This RFQ does not commit the Government to pay any cost for the preparation and submission of a quote. In addition, the Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds in connection with this acquisition.

Questions regarding this solicitation shall be submitted electronically via email to

Pradeep Nair at pnair@hrsa.gov.

Provisions at FAR 52.212-2; Evaluation – Commercial Items (Oct 2014), applies to this acquisition. The following agenda also apply:

A Lowest Price Technically Acceptable type of evaluation methodology will be utilized, explained as follows:

The offeror’s proposal will be evaluated to ensure all technical aspects of the requirement are addressed and the terms and conditions are met.

The Government will utilize PPIRS and prior HRSA contracts to evaluate the offeror’s relevant and recent past performance.

The Government will evaluate the offeror’s total proposed cost/price to determine if it is fair and reasonable.

Any other information submitted within the proposal will be evaluated for completeness.

Provisions at FAR 52.212-3; Offerors Representations and Certifications–Commercial

Items (Nov 2017), applies to this acquisition. The offeror shall ensure that

Representations and Certifications are complete when submitting their quote.

Provisions at FAR 52.212-4; Contract Terms and Conditions – Commercial Items (Jan

2017), applies to this acquisition. The following agenda also apply:

FAR 52.204-7 System for Award Management

FAR 52.204-13 System for Award Management Maintenance

FAR 52.204-16 Commercial and Government Entity Code Reporting

FAR 52.204-17 Ownership or Control of Offeror

FAR 52.204-18 Commercial and Government Entity Code Maintenance

FAR 52.204-19 Incorporation by Reference of Representations and Certifications

FAR 52.204-20 Predecessor of Offeror

FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations—

Representation

FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a

Felony

FAR 52.222-25 Affirmative Action Compliance

FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications.

FAR 52.232-39 Unenforceability of Unauthorized Obligations

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

FAR 52.252-2 Clauses Incorporated by Reference

Provisions at FAR 52.212-5; Contract Terms and Conditions Required to Implement

Statues or Executive Order – Commercial Items (Jan 2018), applies to this acquisition. The following agenda also apply:

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

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

(4) 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 (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509)).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 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

2016) (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).

(8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Jul 2013) (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 (June 2003) (15 U.S.C. 644).

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

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

(16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2)and

(3)).

(17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (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 (Nov 2016) 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)).

(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. 657 f).

(22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15

U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

(26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O.

13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

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

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

(Dec 2010) (E.O. 13496).

_X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and

E.O. 13627).

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

(34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated

Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (JUN 2016) (E.O. 13693).

(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and

Air Conditioners (JUN 2016) (E.O. 13693).

(38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014)

(E.O.s 13423 and 13514).

(ii) Alternate I (Oct 2015) of 52.223-13.

(39)(i) 52.223-14, Acquisition of EPEAT®-Registered 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.

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

(AUG 2011) (E.O. 13513).

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

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

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

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

(46) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

(47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41

U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-

138, 112-41, 112-42, and 112-43.

(ii) Alternate I (May 2014) of 52.225-3.

(iii) Alternate II (May 2014) of 52.225-3.

(iv) Alternate III (May 2014) of 52.225-3.

(48) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301note).

_X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

(50) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year

2008; 10 U.S.C. 2302 Note).

(51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

(52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov

2007) (42 U.S.C. 5150).

(53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41

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

(54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

_X_ (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management

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

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

Management (Jul 2013) (31 U.S.C. 3332).

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

(58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.

637(d)(12)).

(60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)

(46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

(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:

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

(2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C.

206and 41 U.S.C. chapter 67).

(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

(5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price

Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_X_ (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).

_X_ (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).

(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).

(11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor

Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the

Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (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) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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.

(iv) 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.

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

(x) 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.

(xi) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xii) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O

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

(xiii) 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).

(xiv) 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).

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

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

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

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

(xix) 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).

(xx) 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.

(xxi) 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.

DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION

REGULATION (HHSAR) (48 CFR CHAPTER 3) PROVISIONS AND CLAUSES

HHSAR 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations

(Dec 2015)