Attachment 2 - Clauses and Provisions Final.pdf

ATTACHMENT 2

RFP: 9531BM21R0002, Radiological Services 1

Section I - Contract Clauses

Clauses incorporated by reference

Article Number Reference Text 52.202-1 Definitions (NOV 2013) 52.203-3 Gratuities (APR 1984) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights

(APR 2014)

52.204-5 Women-Owned Business (Other Than Small Business) (OCT 2014) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation (NOV 2015) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) 52.212-4 Contract Terms and Conditions-Commercial Items (OCT 2018) 52.222-17 Nondisplacement of Qualified Workers (MAY 2014) 52.227-14 Rights in Data-General (MAY 2014) 52.227-14 Alt I 52.227-14 Rights in Data-General (MAY 2014) Alternate I (DEC 2007) 52.227-14 Alt V 52.227-14 Rights in Data-General (MAY 2014) Alternate V (DEC 2007) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.242-5 Payments to Small Business Subcontractors (JAN 2017) 52.244-6 Subcontracts for Commercial Items (AUG 2019) 52.245-1 Alt I 52.245-1 Government Property (JAN 2017) Alternate I (APR 2012) 52.245-9 Use and Charges (APR 2012)

Clauses incorporated by full text 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (MAR 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 2019) (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 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:

X (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)).

X (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.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) [Reserved].

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

C).

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

RFP: 9531BM21R0002, Radiological Services 2

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

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

2313).

(10) [Reserved].

_________ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

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

X (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] _________ (14)(i) 52.219-6, Notice of Total Small Business Set-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.

X (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 (Mar 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 (Mar 2020) of 52.219-9.

_________ (v) Alternate IV (Aug 2018) 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 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. 657 f).

X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Mar 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 (Mar 2020) (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) (15 U.S.C. 637(a)(17)).

X (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_________ (28) 52.222-19, Child Labor - Cooperation with Authorities and Remedies (Jan 2020) (E.O. 13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (30) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

X (31) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

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

X (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

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

X (33) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

X (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 (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

_________ (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 (Jun 2014) of 52.223-14.

_________ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (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 (Aug 2011) (E.O. 13513).

_________ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

_________ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

_________ (47)(i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

_________ (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.

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.

_________ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (51) 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).

_________ (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. 2302 Note).

_________ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

_________ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

_________ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C.2307(f)).

_________ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

X (57) 52.232-33, Payment by Electronic Funds Transfer - System for Award Management (Oct 2018) (31 U.S.C.

3332).

_________ (58) 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

_________ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

_________ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_________ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

_________ (62)(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) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

_________ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

_________ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

_________ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_________ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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).

_________ (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).

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_________ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

_________ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C.

1792).

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

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (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 (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.

(vi) 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.

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

(viii) 52.222-26, Equal Opportunity (Sept 2015) (E.O. 11246).

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

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

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

(xii) 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.

(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiv) _________ (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).

(xv) 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).

(xvi) 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).

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

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

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

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

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

(xxi) 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).

(xxii) 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.

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(xxiii) 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)

52.216-18 Ordering (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 10-SEP-2020 through 09-SEP-2025.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

52.216-19 Order Limitations (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $1,000,000.00;

(2) Any order for a combination of items in excess of $1,000,000.00; or

(3) A series of orders from the same ordering office within 120 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 30 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 09-SEP-2025.

(End of clause)

52.217-5 Evaluation of Options (JULY 1990) Except when it is determined in accordance with FAR17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. This includes options under FAR clause 52.217-8, Option to Extend Services, which applies to the solicitation. Evaluation of options under FAR 52.217-8 will be accomplished by using the prices offered for the last option period to determine the price for a 6-monthoption period, which will be added to the base and other option years to arrive at the total price. Evaluation of options will not obligate the Government to exercise the options(s).

(End of clause)

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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 15 days.

(End of clause)

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 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

(End of clause)

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):

www.acquisition.gov (End of clause)

NTSB-001 Confidentiality (March 2012)

a. The National Transportation Safety Board (NTSB) is an independent agency of the United States and enters into this contract with _________, herein known as "Contractor", as part of the fulfillment of its statutory duties under 49 U.S.C. §1131.

Be advised that all wreckage; written, electronic, and photographic data; testing protocols; descriptions of any existing, pending, or proposed work; conclusions; or any other information supplied to you by the NTSB or compiled, learned or otherwise acquired in the performance of work for the NTSB is, for the purpose of this contract, the property of the United States and is, under 18 U.S.C. §641, a thing of value. Be advised that 18 U.S.C. §641 provides, in pertinent part, as follows:

Whoever... steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys or disposes of any record...or thing of value of the United States or of any department or agency thereof...Shall be fined not more than $10,000 or imprisoned not more than one year, or both.

b. All information, as described in paragraph (a) that is made available to the Contractor, its employees, subsidiaries, and agents in the course of performing the services sought through this contract, whether or not that information was directly or intentionally communicated, is confidential unless otherwise indicated in writing. The Contractor, its employees, subsidiaries, and agents shall not use, disclose or knowingly permit to be disclosed either orally, in writing, or by electronic means to any person (except those employees, subsidiaries, or agents who need to know the information for the purposes of this contract) any such information without the prior written consent of the NTSB.

c. The Contractor shall use its best efforts to prevent any disclosure of any confidential information to any third party and use at least the same care and discretion that it uses with similar data it designates as confidential.

d. In the event of any material breach of confidentiality by the Contractor, the contract will become void at the NTSB's option, at which time the Contractor will forfeit any payment and return 1) all monies paid under this contract to the NTSB and 2) any and all data collected or generated up to that point in performance of work for the NTSB. The NTSB will determine materiality of breach. The NTSB does not waive any other legal recourse available to the agency or the United States.

e. The Contractor will not act at any time as a consultant or provide opinion or expert testimony for any person or entity other that the NTSB on any matter related to the services performed under this contract. This prohibition includes but is not limited to any litigation or potential litigation arising from the accident(s) at issue.

NTSB-002 Organizational Conflict of Interest (March 2012)

a. The NTSB technical point of contact, Contracting Officer's Representative (COR), or Contracting Officer are neither aware of any organizational conflicts of interest that may exist with respect to the company accepting work as a result of this Contract, nor is the Contracting Officer aware of any organizational conflicts of interest that may exist with respect to any employees of the company performing the services described in the contract. Pursuant to FAR Subpart 9.504 "Contracting Officer Responsibilities" paragraph (e), the Contracting Officer cannot make an award to any company for whom a conflict of interest is determined to exist which cannot be avoided or mitigated.

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b. The Contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances, which could give rise to an Organizational Conflict of Interest (OCI).

c. The Contractor agrees that if an actual, apparent or potential OCI is discovered after award, the Contractor will make a full disclosure in writing to the Contracting Officer. This disclosure shall include a description of actions that the Contractor has taken or proposes to take, after consultation with the contracting Officer, to avoid, mitigate, or neutralize the actual, apparent or potential conflict.

d. Remedies – If the Government discovers an actual or potential conflict after award, it may terminate this contract (and any task orders issued hereunder) for convenience, in whole or in part. If the government deems such termination necessary to avoid an OCI prior to award, no award will be made. If the Contractor did not disclose relevant information or misrepresented relevant information to the Contracting Officer, the government may terminate the contract for default, debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.

NTSB-004 Contracting Officer's Representative (March 2012)

(a) The Contracting Officer may appoint a Contracting Officer's Representative (COR) for this requirement. The COR is responsible for the technical administration of this contract and is the technical liaison with the Contractor. He/she is authorized to give technical direction and review and recommend approval of:

(1) Technical matters not involving a change in the scope, price, terms or conditions of this contract

(2) Progress Reports

(3) Inspection and acceptance of supplies/services

(4) Invoices.

(b) The COR IS NOT authorized to issue technical instructions that:

(1) Institute additional work outside the scope of the contract

(2) Constitute a change as defined in FAR 52.243-2

(3) Cause an increase or decrease in the estimated cost of the contract

(4) Alter the period of performance

(5) Change any of the other express terms or conditions of the contract

(c) The COR for this contract is:

National Transportation Safety Board (NTSB) Office/Division 490 L'Enfant Plaza East. SW, Washington, DC 20594 Name, title: _________, _________ Phone: _________ E-mail: _________

NTSB-005 Key Personnel (December 2006)

a. Personnel assigned by the contractor to this contract must possess requisite technical qualifications to perform the described tasks. The Contractor must identify any personal, professional or business relationship that could cause a conflict of interest with performing any of the proposed work requirements.

b. If performance by the contractor personnel is determined to be unsatisfactory at any time during the life of the contract, the Government reserves the right to request and receive satisfactory personnel replacement within 15 working days of contractor notification. Notification will include the reason for requesting the replacement personnel.

Replacement personnel qualifications must be equal to or greater than those of the personnel being replaced.

Resumes shall be furnished to the Contracting Officer for each proposed replacement to ensure they meet the technical qualifications.

c. The Key Personnel under this Contract are:

NTSB-006 Contractor Supervision (December 2006) This is a non-personal services contract per FAR 37.101. The Contractor shall provide total supervision of its staff.

The Government personnel are not authorized or permitted to supervise any Contractor personnel. The Contractor's Project Manager for this contract is _________ and he/she shall ensure that these contract requirements are fulfilled.

NTSB-007 Non-Personal Services (December 2006)

(a) As stated in the Federal Register, Volume 57, No. 190,45096, dated, September 30, 1992, Policy Letter on Inherently Government Functions, no personal services shall be performed under this contract. No Contractor employee will be directly supervised by the Government. All individual employee assignments, and daily work direction, shall be given by the applicable employee's supervisor. If the Contractor believes a Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the Contracting Officer of this communication or action.

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(b) The Contractor shall not perform any inherently governmental action under this contract. No Contractor employee shall present himself or herself as a Government employee. In all communications with third parties in connection with this contract, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work. In all communications with other Government contractors in connection with this contract, the Contractor employees shall state that they have no authority to, in any way, change the contract and that if the other Contractor believes this communication to be a direction to change their contract, they should notify the Contracting Officer for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer.

(c) The Contractor shall ensure that all of its employees working on this contract are informed of the substance of this clause.

Nothing in this clause shall limit the Government's rights in any way under any other provision of the contract, including those related to the Government's rights to inspect and accept the services to be performed under this contract. The substance of this clause shall be included in all subcontracts at any tier.

NTSB-008 Subcontracts (December 2006)

a. Nothing contained in this contract shall be construed as creating any contractual relationship between any subcontractor and the Government. The divisions or sections of the specifications are not intended to control the Contractor in dividing the work among subcontractors or to limit the work performed by any trade.

b. The contractor shall be responsible to the Government for acts and omissions of its own employees, and of subcontractors and their employees. The Contractor shall also be responsible for the coordination of the subcontractor's work.

c. The Contractor shall, without additional expense to the Government, employ specialty subcontractors where required by the specifications or statement of work.

d. The Government or its representatives will not undertake to settle any differences between the Contractor and its subcontractors, or between subcontractors.

NTSB-009 Indemnification (December 2006) The Contractor Indemnifies the Government against all claims, demands, or causes of action to which the government might be subject to as a result of damage, injury and/or death to the property or person of anyone other than the Government or its employees, arising in whole or in part from the negligence or other wrongful act of the Contractor, or its agents or employees, or any subcontractor, or its agents or employees. The indemnity includes, without limitation, suits, actions, claims, costs, or demands of any kind, resulting from death, personal injury, or property damage occurring during the period of performance of work under this contract. For any claim, made after 90 days, the rights of the parties shall be as determined by other provisions of this contract and by law. The indemnity does apply to death occurring after 90 days where the injury was received during the period covered by the indemnity.

NTSB-011 Standard Invoices (June 2020) The Contractor shall follow the instructions for electronic submission of invoices detailed in clause IPP-001 Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP). With each payment request made in IPP, the Contractor shall upload an original invoice as an attachment, along with any supporting documentation, as required under the contract.

An invoice must include:

a. Name and address of the Contractor;

b. Contract number, task order number (if applicable), and contract line item number;

c. Invoice date and number;

d. Description, quantity, unit of measure, unit price and extended price of the items delivered;

e. Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on

f. Government bill of lading;

g. Terms of any discount for prompt payment offered;

h. Name and address of official to whom payment is to be sent; Name, title, and phone number of person to notify in event of defective invoice; and Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

i. Electronic funds transfer (EFT) banking information:

1. The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

2. If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

3. EFT banking information is not required if the Government waived the requirement to pay by EFT.

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j. Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(End of Clause)

NTSB-012 Certification of Data (December 2006)

a. The offeror represents and certifies that to the best of its knowledge and belief, the information and data (e.g., company profile; qualifications; background statements; brochures) submitted with its offer is current, accurate, and complete as of the date of its offer.

b. The offeror understands that any inaccurate data provided to the National Transportation Safety Board may subject the offeror, its subcontractors, its employees or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or (2) enforcement action for false claims or statements pursuant to the Program Fraud civil Remedies Act of 1986, 31 U.S.C. 3801-3812 and 49 CFR Part 31 and/or; (3) termination for default under any contract resulting from its offer and/or;

(4) debarment or suspension.

c. The offeror agrees to obtain a similar certification from its subcontractors.

Signature: __________________________________________ Date: __________________________________________ Typed Name and Title: ________________________________ Company Name: _____________________________________ This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under 18 U.S. C. 1001.

(End of Clause)

NTSB-023 Availability of Funds During a Continuing Resolution (March 2012) The NTSB is currently operating under a Continuing Resolution (CR). Performance of work under this contract/agreement is only authorized through the end date of the current CR and cannot exceed the contract/agreement price. If this contract/agreement is partially funded and requires funds be obligated to continue performance, the Contracting Officer (CO) authorizes performance of work through the end date of the current CR.

The CO will obligate additional funds not to exceed the contract/agreement price, by unilateral modification(s).

If this contract/agreement has been fully funded at a level equal to the contract/agreement price, the Contracting Officer (CO) authorizes performance of work through the end date of the current CR.

Performance of work is not authorized at any time to continue beyond the end date specified in the contract line item(s) period of performance unless authorized by the Contracting Officer.

The NTSB is not liable for any payment that may arise under this contract/agreement which results from:

(1) Expenditures exceeding the contract/agreement price; or

(2) Performance continuing beyond the end date of a CR and the Fiscal Year (FY) budget has not been enacted.

Upon the enactment of the FY budget, the terms of this clause will no longer remain in effect and the CO authorizes performance of work through the end date specified in the contract line item(s) period of performance. If this contract/agreement is partially funded and requires funds be obligated to continue performance, the CO will obligate additional funds not to exceed the contract/agreement price, by unilateral modification(s).

Additional information on the status of the Appropriations Bills, including current Continuing Resolutions, may be found at http://thomas.loc.gov/.

(End of Clause)

NTSB-026 E. O. 13950 Combating Race and Sex Stereotyping (November 2020) During the performance of this contract, the contractor agrees as follows:

1. The contractor shall not use any workplace training that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating, including the concepts that (a) one race or sex is inherently superior to another race or sex; (b) an individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously; (c) an individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex; (d) members of one race or sex cannot and should not attempt to treat others without respect to race or sex; (e) an individual's moral character is necessarily determined by his or her race or sex; (f) an individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex; (g) any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or (h) meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race. The term "race or sex stereotyping" means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of his or her race or sex, and the term "race or sex scapegoating" means assigning fault, blame, or bias to a race or sex, or to members of a race or sex because of their race or sex.

2. The contractor will send to each labor union or representative of workers with which he has a collective bargaining

RFP: 9531BM21R0002, Radiological Services 10 agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under the Executive Order of September 22, 2020, entitled Combating Race and Sex Stereotyping, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

3. In the event of the contractor's noncompliance with the requirements of paragraphs (1), (2), and (4), or with any rules, regulations, or orders that may be promulgated in accordance with the Executive Order of September 22, 2020, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246, and such other sanctions may be imposed and remedies invoked as provided by any rules, regulations, or orders the Secretary of Labor has issued or adopted pursuant to Executive Order 11246, including subpart D of that order.

4. The contractor will include the provisions of paragraphs (1) through (4) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

(End of Clause)

IPP-001 Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform (IPP) system using the "Bill to Agency" of Interior Business Center - FMD.

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve prior to the contract award date, but no more than 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Custom Clause)

Section K - Representations, Certifications, and Other Statements of

Offerors

Clauses incorporated by reference

Article Number Reference Text 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEPT 2007) 52.204-17 Ownership or Control of Offeror (JUL 2016) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications (AUG 2018)

Clauses incorporated by full text 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (DEC 2019) The Offeror shall not complete the representation in this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in the provision at 52.204-26, Covered Telecommunications Equipment or Services - Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications - Commercial Items.

(a) Definitions. As used in this provision - Covered telecommunications equipment or services, critical technology, and substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing -

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that it _ will, _ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph…