75R60221Q00029.pdf

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

OAMP

5600 Fishers Lane, Room 14W26B Management and Policy Office of Acquisition

HHS/HRSA/OO/OAMP

CODE 16. ADMINISTERED BYCODE

X

X

X

621111

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OROAMP

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

03/09/2022 1600 ET

03/10/2021

301-443-5182KATHRINE TRICE

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

75R60221Q00029

5. SOLICITATION NUMBER

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

1 28 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Rockville MD 20857

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Rockville MD 20857 5600 Fishers Lane, Rm 14W26B Management and Policy Office of Acquisition

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$12.00

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 SCHEDULE

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)

HHS/HRSA/OO/OAMP

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.

TITLE: MEDICAL EXPERT SERVICES FOR THE VACCINE

INJURY COMPENSATION PROGRAM (VICP).

PROCUREMENT ID #HSB114_C_3057

This is a combined synopsis/solicitation for commercial services to establish Blanket Purchase Agreements (BPAs) prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6 and 13.303. The associated North American Industrial Classification System (NAICS)

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED . 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.

code for this procurement is 621111 and 621399, with a small business size standard of $11M dollars and $7.5M dollars.

This notice constitutes the only solicitation that will be issued.

The BPA shall be for five (5) years.

The Health Resources and Services Administration

(HRSA) is contemplating issuance of Blanket

Purchase Agreement pursuant to Federal

Acquisition Regulation (FAR) Part 13.303 Blanket

Purchase Agreement (BPA).

The following terms and conditions are mandatory:

1. Description of agreement (Attachment A):

The contractor shall provide medical-expert services and medical reviewer/case managers for the National Vaccine Injury Compensation Program

(VICP) efforts in the litigation process in defense of the petitions and filed against the

HHS Secretary.

2. Extent of obligation:

The Government is obligated only to the extent of

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32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

28 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

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75R60221Q00029 authorized purchases actually made under the BPA.

3. Purchase limitation:

This BPA will allow the issuance of Firm Fixed

Price (FFP), Time and Material (T&M), and hybrid

FFP/T&M Call Orders. The minimum order threshold is $125.00, the maximum order threshold is

$25,000.00, and the maximum BPA value is

$249,999.00.

4. Individuals authorized to purchase under the

BPA:

Any Contracting Officer within HRSA Office of

Acquisitions Management and Policy (OAMP).

5. Delivery tickets:

Deliverables submitted under this BPA shall be accompanied by delivery tickets that shall contain the following minimum information:

a. Name of supplier.

b. BPA number.

c. Date of purchase.

d. Purchase number.

e. Itemized list of supplies or services furnished.

f. Quantity, unit price, and extension of each item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information).

g. Date of delivery or shipment.

HOURLY RATE LIMITATION: The contractor shall be reimbursed on a per BPA Call basis, within 30 days of services being provided and after an invoice has been submitted and accepted.

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Sponsored by GSA

FAR (48 CFR) 53.110

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VICP/CICP Medical Expert Witness shall be reimbursed at a rate of $375 per hour.

VICP/CICP Medical Case Reviewer shall be reimbursed at the rate of $125 (PhD or other non-medical degree) or Case Reviewer at $175

(M.D. or D.O.) per hour. This rate is dependent upon medical credentials or other qualifications.

VICP/CICP Medical Expert, in the event that in-person testimony is required by the

U.S. Court of Federal Claims, travel time shall be reimbursed at $150.00 per hour. Travel and

Per Diem (lodging, Meals and Incidentals (M&IE) shall be reimbursed in accordance with Federal

Travel Regulations (FTR). GSA Per Diem;

https://www.gsa.gov/travel/plan-book/per-diem-rates

Invoice/Vouchers - Receiving payment under this

BPA:

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.

Military or Federal employees cannot be considered for this award.

The Contractor shall provide services in accordance with the attached Description of the

Blanket Purchase Agreement (Attachment A).

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

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FAR 52.212-1 (INSTRUCTIONS TO OFFERORS-COMMERCIAL

ITEMS) (JUN 2020)

This Combined Synopsis/Solicitation is open on a rolling basis until March 9, 2022. The Government is seeking quotes by the following deadlines:

-April 30,2021

-July 31,2021

-October 31,2021

-January 31,2022

-March 9,2022

After each deadline the Government will issue

BPAs to acceptable candidates. The number of BPAs to be issued will be determined by the

Governments need.

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, no exceptions.

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 Kathrine

Trice at ktrice@hrsa.gov.

Interested parties may respond to this notice by submitting:

* One electronic quote (SF 1449) shall be submitted via email to Kathrine Trice at ktrice@hrsa.gov.

* A price quote for the period of performance.

Include the proposed labor categories. Quote shall clearly list exception(s) and rationale for the exception(s). Offeror to add price quote in

Box 23 of the SF 1449.

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*A complete and signed copy Combined

Synopsis/Solicitation SF-1449 (Box 30a, 30b, and

30c). The quote shall be signed by an official authorized to bind the organization to contractual awards.

Please note if you are submitting proposals for

VICP/CICP Medical Expert or VICP/CICP Medical

Case Reviewer.

List of items that shall be submitted with quote

VICP/CICP Medical Expert:

a. A complete and signed copy Standard Form

1449-Solicitation/Contract/Order for Commercial

Items.

b. Data Collection Form (NPDB Query).

c. Current Curriculum Vitae or Resume.

d. Non-disclosure Agreement.

List of items that shall be submitted with quote-VICP/CICP Medical Case Reviewers:

a. A complete and signed copy Standard Form

1449-Solicitation/Contract/Order for Commercial

Items.

b. Copy of Curriculum Vitae or Resume.

c. Non-Disclosure Agreement.

d. Data Collection Form

3) The Evaluation-Commercial Items (52.212-2) is as follows:

Provisions at FAR 52.212-2 (Evaluation-Commercial

Items), (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offerors whose offer is the most advantageous to the Government, price and other factors considered.

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Quote confirms acceptance of the hourly rate that is stated in the hourly rate limitation, for performance of this requirement.

Establishment of BPAs and placement of orders will be based on the Government need for medical experts in particular fields related to the case and is not guaranteed.

To demonstrate evidence that the offerors have expertise with providing testimony for medical cases or reviewing medical cases, the following factors shall be used to evaluate offers:

VICP/CICP Medical Expert $375 per hour:

A. Expertise

1. MD (Doctor of Medicine) or DO (Doctor of

Osteopathy)

a. If seeing patients, offeror must possess a current, active, full, and unrestricted license or registration as a physician from a state within the United States, the District of

Columbia, the Commonwealth of Puerto Rico, or other territory of the United States.

b. Possess a Doctor of Medicine or Doctor of

Osteopathy from a medical school in the United

States, the District of Columbia, the

Commonwealth of Puerto Rico, or other territory of the United States or an equivalent degree from a foreign medical or osteopathic school that provides education and medical knowledge equivalent to accredited schools in the United

States.

c. Shall successfully pass the National

Practitioner Data Bank (NPDB) query for any adverse actions of health care fraud and abuses.

The NPDB data collection program is used to for reporting final adverse actions but does not include settlements in which no findings or liability have been made against health care providers, suppliers or practitioners.

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d. If primarily in clinical practice (defined as

"involving activities with and on behalf of patients"), offeror should be currently in clinical practice or have left clinical practice in a period not more than 5 years prior to application.

e. If primarily involved in research activity, offeror should be currently involved in research activities or have left research activity in a period not more than 5 years prior to application.

2. PhD (Doctor of Philosophy) or other advanced non-medical degree:

a. Possess an advanced degree acquired from the list of postsecondary institutions that are accredited by accrediting agencies recognized by the U.S. Department of Education with the updated list found at https://www.ope.ed.gov/accreditation or an equivalent degree from a foreign postsecondary institution that provides education equivalent to accredited schools in the United States.

b. Preference will be given to those offerors

(including MDs, DOs, PhDs and those with advanced non-medical degrees) with a:

1. Current academic appointment with a United

States MD-granting medical school accredited by the Liaison Committee on Medical Education or a

United States DO-granting medical school accredited by the American Osteopathic

Association Commission on Osteopathic College

Accreditation.

2. Current affiliation with a U.S. academic medical center (defined as a "health care facility linked to a medical school and/or university complex and closely affiliated with or part of a degree-granting university").

c. Expertise (either clinical or research-related) in one or more of the

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75R60221Q00029 following fields (both pediatric and adult medicine): Allergy, Autonomic Disorders, Bioinformatics, Cardiology, Dermatology, Developmental Medicine, Endocrinology, Epidemiology, Family Practice, Gastroenterology, General Pediatrics, Genetics, Gynecology, Hematology, Immunology, Infectious Disease, Internal Medicine, Maternal-Fetal Medicine, Metabolic Disorders, Mitochondrial Disorders, Neonatology, Nephrology, Neuroimmunology, Neurology, Neuro-ophthalmology, Neuropathology, Neuropsychology, Neuroradiology, Obstetrics, Oncology, Ophthalmology, Orthopedics, Otolaryngology, Pathology, Pulmonology, Psychiatry, Rheumatology, Sleep Disorders, Toxicology and Vaccinology.

The Vaccine Injury Compensation Program (VICP) reserves the right to verify medical credentials through online State Medical License Lookup resources and to request further information/documentation if deemed necessary.

VICP/CICP Medical Case Reviewer:

1. MD (Doctor of Medicine) or DO (Doctor of

Osteopathy): $175 per hour.

a. Possess a Doctor of Medicine or Doctor of

Osteopathy from a medical school in the United

States, the District of Columbia, the

Commonwealth of Puerto Rico, or other territory of the United States or an equivalent degree from a foreign medical or osteopathic school that provides education and medical knowledge equivalent to accredited schools in the United

States.

b. Possess a current, active, full, and unrestricted license or registration as a physician from a state within the United States, the District of Columbia, the Commonwealth of

Puerto Rico, or other territory of the United

States.

2. PhD (Doctor of Philosophy): $125 per hour.

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a. Possess an advanced degree acquired from the list of postsecondary institutions that are accredited by accrediting agencies recognized by the U.S. Department of Education with the updated list found at https://www.ope.ed.gov/accreditation or an equivalent degree from a foreign postsecondary institution that provides education equivalent to accredited schools in the United States.

b. If primarily in clinical practice (defined as

"involving activities with and on behalf of patients"), offeror should be currently in clinical practice or have left clinical practice in a period not more than 5 years prior to application.

3. Other advanced non-medical degree such as;

Physician Assistant:

Physician Assistant, Allopathic; Physician

Assistant, Osteopathic.

Nurse - Advanced, Registered, Vocational:

Registered (Professional) Nurse; Nurse

Anesthetist; Nurse Midwife; Nurse Practitioner

Clinical Nurse Specialist; Licensed Practical or

Vocational Nurse.

Rehabilitative, Respiratory, and Restorative

Service Practitioner:

Occupational Therapist; Occupational Therapy

Assistant; Physical Therapist; Physical Therapy

Assistant; Physical Therapy Assistant;

Rehabilitation Therapist.

The above technical requirement must be met to be considered for award. Price quote submission confirms acceptance of the hourly rate.

(a) Options. N/A

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the

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75R60221Q00029 successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

Before the offer's specified expiration time, the

Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

The following clauses are hereby incorporated:

FAR 52.212-3 (Offerors Representations and

Certifications-Commercial Items) (Oct 2020). The offeror shall ensure that Representations and

Certifications are complete when submitting their quote. If an offeror has completed the annual

Representations and Certifications via SAM, state such in the quote.

FAR 52.212-4 (Contract Terms and Conditions-

Commercial Items) (Oct 2018).

* FAR 52.202-1 Definitions (Jun 2020).

* FAR 52.203-3 Gratuities (Apr 1984).

* FAR 52.203-12 Limitation of Payments to

Influence Certain Federal Transactions (Jun 2020).

* FAR 52.204-4 Printed or Copied Double Sided on

Recycled Paper (May 2011).

* FAR 52.204-7 System for Award Management (Oct

2018).

* FAR 52.204-24 Representation Regarding Certain

Telecommunications and Video Surveillance

Services or Equipment (Oct 2020).

* FAR 52.204-26 Covered Telecommunications

Equipment or Services-Representation.

* FAR 52.223-6 Drug-Free Workplace (May2001).

* FAR 52.232-39 Unenforceability of Unauthorized

Obligations (Jun 2013).

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* FAR 52.232-40 Providing Accelerated Payments to

Small Business Subcontractors (Dec 2013).

* FAR 52.247-34 F.O.B. Destination (Nov 1991).

* FAR 52.252-2 Clauses Incorporated By Reference

(Feb 1998).

* FAR 52.217-8 -Option to Extend Services (Nov

1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months.

The Contracting Officer may exercise the option by written notice to the Contractor prior to the end of the contract.

HHSAR Clauses

HHSAR 352.224-70 Privacy Act (Dec 2015)

HHSAR 352.224.71 Confidential Information (Dec

2015)

This contract requires the Contractor to perform one or more of the following: (a) design; (b) develop; or (c) operate a Federal agency system of records to accomplish an agency function in accordance with the Privacy Act of 1974 (Act) (5

U.S.C. 552a(m)(1)) and applicable agency regulations.

The term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Violations of the Act by the

Contractor and/or its employees may result in the imposition of criminal penalties (5 U.S.C.

552a(i)).

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The Contractor shall ensure that each of its employees knows the prescribed rules of conduct in 45 CFR part 5b and that each employee is aware that he/she is subject to criminal penalties for violation of the Act to the same extent as

Department of Health and Human Services employees. These provisions also apply to all subcontracts the Contractor awards under this contract which require the design, development or operation of the designated system(s) of records

(5 U.S.C. 552a(m)(1)). The contract work statement:

(a) Identifies the system(s) of records and the design, development, or operation work the

Contractor is to perform; and

(b) Specifies the disposition to be made of such records upon completion of contract performance.

HHSAR 352.239-73 Electronic Information and

Technology Accessibility Notice (Dec 2015).

(a) Section 508 of the Rehabilitation Act of 1973

(29 U.S.C. 794d), as amended by the Workforce

Investment Act of 1998 and the Architectural and

Transportation Barriers Compliance Board

Electronic and Information (EIT) Accessibility

Standards (36 CFR part 1194), require that when

Federal agencies develop, procure, maintain, or use electronic and information technology, Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency. Section 508 also requires that individuals with disabilities, who are members of the public seeking information or services from a Federal agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency.

(b) Accordingly, any offeror responding to this solicitation must comply with established HHS EIT

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75R60221Q00029 accessibility standards. Information about

Section 508 is available at http://www.hhs.gov/web/508. The complete text of the Section 508 Final Provisions can be accessed at http://www.access-board.gov/guidelines-and-standar ds/communications-and-it/about-the-section-508-sta ndards.

(c) The Section 508 accessibility standards applicable to this solicitation are stated in the clause at 352.239-74, Electronic and Information

Technology Accessibility.

In order to facilitate the Government's determination whether proposed EIT supplies meet applicable Section 508 accessibility standards, offerors must submit an HHS Section 508 Product

Assessment Template, in accordance with its completion instructions. The purpose of the template is to assist HHS acquisition and program officials in determining whether proposed EIT supplies conform to applicable Section 508 accessibility standards. The template allows offerors or developers to self-evaluate their supplies and document-in detail-whether they conform to a specific Section 508 accessibility standard, and any underway remediation efforts addressing conformance issues. Instructions for preparing the HHS Section 508 Evaluation Template are available under Section 508 policy on the HHS website http://www.hhs.gov/web/508.

In order to facilitate the Government's determination whether proposed EIT services meet applicable Section 508 accessibility standards, offerors must provide enough information to assist the Government in determining that the EIT services conform to Section 508 accessibility standards, including any underway remediation efforts addressing conformance issues.

(d) Respondents to this solicitation must identify any exception to Section 508 requirements. If a offeror claims its supplies or services meet applicable Section 508 accessibility standards, and it is later

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75R60221Q00029 determined by the Government, i.e., after award of a contract or order, that supplies or services delivered do not conform to the described accessibility standards, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.

HHSAR 352.239-74 Electronic and Information

Technology Accessibility (Dec 2017).

(a) Pursuant to Section 508 of the Rehabilitation

Act of 1973 (29 U.S.C. 794d), as amended by the

Workforce Investment Act of 1998, all electronic and information technology (EIT) supplies and services developed, acquired, or maintained under this contract or order must comply with the

"Architectural and Transportation Barriers

Compliance Board Electronic and Information

Technology (EIT) Accessibility Standards" set forth by the Architectural and Transportation

Barriers Compliance Board (also referred to as the "Access Board") in 36 CFR part 1194.

Information about Section 508 is available at http://www.hhs.gov/web/508. The complete text of

Section 508 Final Provisions can be accessed at http://www.access-board.gov/guidelines-and-standar ds/communications-and-it/about-the-section-508-sta ndards.

(b) The Section 508 accessibility standards applicable to this contract or order are identified in the Statement of Work or

Specification or Performance Work Statement. The contractor must provide any necessary updates to the submitted HHS Product Assessment Template(s) at the end of each contract or order exceeding the simplified acquisition threshold (see FAR

2.101) when the contract or order duration is one year or less. If it is determined by the

Government that EIT supplies and services provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the

Contractor at its own expense.

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(c) The Section 508 accessibility standards applicable to this contract are:

1194.21, 1194.22, 1194.24, 1194.31 and 1194.41.

(d) In the event of a modification(s) to this contract or order, which adds new EIT supplies or services or revises the type of, or specifications for, supplies or services, the

Contracting Officer may require that the contractor submit a completed HHS Section 508

Product Assessment Template and any other additional information necessary to assist the

Government in determining that the EIT supplies or services conform to Section 508 accessibility standards. Instructions for documenting accessibility via the HHS Section 508 Product

Assessment Template may be found under Section

508 policy on the HHS website:

(http://www.hhs.gov/web/508). If it is determined by the Government that EIT supplies and services provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the

Contractor at its own expense.

(e) If this is an Indefinite Delivery contract, a

Blanket Purchase Agreement or a Basic Ordering

Agreement, the task/delivery order requests that include EIT supplies or services will define the specifications and accessibility standards for the order. In those cases, the Contractor may be required to provide a completed HHS Section 508

Product Assessment Template and any other additional information necessary to assist the

Government in determining that the EIT supplies or services conform to Section 508 accessibility standards. Instructions for documenting accessibility via the HHS Section 508 Product

Assessment Template may be found at http://www.hhs.gov/web/508. If it is determined by the Government that EIT supplies and services provided by the Contractor do not conform to the described accessibility standards in the provided

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75R60221Q00029 documentation, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the

Contractor at its own expense.

52.212-5--Contract Terms and Conditions Required to Implement Statutes or Executive Orders --

Commercial Items (Oct 2020)

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

Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain

Internal Confidentiality Agreements or Statements

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

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

(2) 52.204-23, Prohibition on Contracting for

Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered

Entities (Jul 2018) (Section 1634 of Pub. L.

115-91).

(3) 52.204-25, Prohibition on Contracting for

Certain Telecommunications and Video Surveillance

Services or Equipment. (Aug 2020) (Section

889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with

Inverted Domestic Corporations (Nov 2015)

(5) 52.233-3, Protest After Award (AUG 1996) (31

U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of

Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

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75R60221Q00029 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 (June 2020), 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 (Jun 2020) (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).

___ (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).

___ (8) 52.209-6, Protecting the Government's

Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment

(Jun 2020) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available

Information Regarding Responsibility Matters (Oct

2018) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone

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Set-Aside or Sole-Source Award (Mar 2020) (15

U.S.C. 657a).

___ (ii) Alternate I (Mar 2020) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation

Preference for HUBZone Small Business Concerns

(Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15

U.S.C. 657a).

___ (ii) Alternate I (Mar 2020) of 52.219-4.

___ (13) [Reserved]

_X__ (14) (i) 52.219-6, Notice of Total Small

Business Aside (Mar 2020) (15 U.S.C. 644).

___ (ii) Alternate I (Mar 2020).

___ (15) (i) 52.219-7, Notice of Partial Small

Business Set-Aside (Mar 2020) (15 U.S.C. 644).

___ (ii) Alternate I (Mar 2020) 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 (Jun 2020) (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 (Jun 2020) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders

(Mar 2020) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting

(Mar 2020) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated

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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 (Mar 2020)

(15 U.S.C. 657f).

___ (22) (i) 52.219-28, Post Award Small Business

Program Rerepresentation (May 2020) (15 U.S.C.

632(a)(2)).

(ii) Alternate I (MAR 2020) of

52.219-28.

___ (23) 52.219-29, Notice of Set-Aside for, or

Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (Mar 2020)

(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 (Mar2020) (15 U.S.C. 637(m)).

___ (25) 52.219-32, Orders Issued Directly Under

Small Business Reserves (Mar 2020) (15 U.S.C.

644(r)).

___ (26) 52.219-33, Nonmanufacturer Rule (Mar

2020) (15U.S.C. 637(a)(17)).

_X__ (27) 52.222-3, Convict Labor (Jun 2003)

(E.O.11755).

___ (28) 52.222-19, Child Labor-Cooperation with

Authorities and Remedies (Jan2020) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated

Facilities (Apr 2015).

_X_ (30) (i) 52.222-26, Equal Opportunity (Sep

2016) (E.O.11246)

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

__ (31) (i) 52.222-35, Equal Opportunity for

Veterans (Jun 2020) (38 U.S.C. 4212).

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

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_X_ (32) (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_ (33) 52.222-37, Employment Reports on

Veterans (Jun 2020) (38 U.S.C. 4212).

___ (34) 52.222-40, Notification of Employee

Rights Under the National Labor Relations Act

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

_X_ (35) (i) 52.222-50, Combating Trafficking in

Persons (Oct 2020) (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).

___ (36) 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.)

___ (37) (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.)

___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

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

___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (Jun 2016) (E.O. 13693).

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___ (40) (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.

___ (41) (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.

___ (42) 52.223-15, Energy Efficiency in

Energy-Consuming Products (May 2020) (42 U.S.C.

8259b).

___ (43) (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_ (44) 52.223-18, Encouraging Contractor

Policies to Ban Text Messaging While Driving (Jun

2020) (E.O. 13513).

___ (45) 52.223-20, Aerosols (Jun 2016) (E.O.

13693)

___ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

Period of Performance: 03/10/2021 to 03/09/2022

___ (47) (i) 52.224-3 Privacy Training (Jan 2017)

(5 U.S.C. 552 a).

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

___ (48) 52.225-1, Buy American-Supplies (May

2014) (41 U.S.C. chapter 83).

___ (49) (i) 52.225-3, Buy American-Free Trade

Agreements-Israeli Trade Act (May 2014) (41

U.S.C.chapter83, 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.

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__ (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.

__ (50) 52.225-5, Trade Agreements (Oct 2019) (19

U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___(51) 52.225-13, Restrictions on Certain

Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the

Office of Foreign Assets Control of the

Department of the Treasury).

___(52) 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. 2302Note).

___(53) 52.226-4, Notice of Disaster or Emergency

Area Set-Aside (Nov2007) (42 U.S.C. 5150).

___(54) 52.226-5, Restrictions on Subcontracting

Outside Disaster or Emergency Area (Nov2007) (42

U.S.C. 5150).

___(55) 52.229-12, Tax on Certain Foreign

Procurements (Jun 2020).

___(56) 52.232-29, Terms for Financing of

Purchases of Commercial Items (Feb 2002) (41

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

___(57) 52.232-30, Installment Payments for

Commercial Items (Jan2017) (41 U.S.C. 4505, 10

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

___(58) 52.232-33, Payment by Electronic Funds

Transfer-System for Award Management (Oct 2018)

(31 U.S.C. 3332).

___(59) 52.232-34, Payment by Electronic Funds

Transfer-Other than System for Award Management

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

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___(60) 52.232-36, Payment by Third Party (May

2014) (31 U.S.C. 3332)

___(61) 52.239-1, Privacy or Security Safeguards

(Aug 1996) (5 U.S.C. 552a).

___(62) 52.242-5, Payments to Small Business

Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

___(63)(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:

__ (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

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U.S.C. chapter 67).

__ (6) 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).

__ (7) 52.222-55, Minimum Wages Under Executive

Order 13658 (Dec 2015).

__ (8) 52.222-62, Paid Sick Leave Under Executive

Order 13706 (Jan 2017) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (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, as defined in FAR 2.101, on the date of award of this contract, 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

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75R60221Q00029 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 (Jun 2020) (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) 52.204-25, Prohibition on Contracting for

Certain Telecommunications and Video Surveillance

Services or Equipment. (Aug 2020) (Section

889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business

Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and

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(3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract

(except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR

19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated

Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2015)

(E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans

(Jun 2020) (38 U.S.C. 4212).

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

(x) 52.222-37, Employment Reports on Veterans

(Jun 2020) (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

(Aug2018) (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in

Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O

13627).

(B) Alternate I (Mar2015) 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 (May2014) (41

U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the

Service Contract Labor Standards to Contracts for

Certain Services-Requirements (May2014) (41

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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 (Jun 2020) (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.

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