Sol_AG-32SC-S-17-0039.docx

AG-32SC-S-17-0039 Page 4 of 84

Solicitation Number:

AG-32SC-S-17-0039

Notice Type:

Combined Synopsis/Solicitation

The Nutrient Data Laboratory (NDL), Beltsville Human Nutrition Research Center, Agricultural Research Service, U.S. Department of Agriculture in collaboration with the Office of Dietary Supplements (ODS) at NIH and other federal agencies currently generates, compiles and disseminates ingredient estimates for dietary supplements, based on chemical analysis. (See our web site: https://dietarysupplementdatabase.usda.nih.gov ). However, NDL has no laboratory facilities of its own, and relies on other government laboratories, cooperative agreements with university researchers, and contracts with commercial laboratories for the analyses of dietary supplements. Since 2009, the Dietary Supplement Ingredient Database (DSID) has been reporting on the ingredient content of dietary supplements, comparing analytically derived estimates of ingredient content to label values. The purpose of the program is to generate nationally representative estimates for bioactive components in dietary supplements and to maintain the data in USDA’s DSID. The types of dietary supplements analyzed as part of DSID research are prioritized based on public exposure, public health significance, research interest, and the availability of validated analytical methods and reference materials. NDL is requesting proposals from laboratories interested in analyzing ingredients and constituents in dietary supplements as part of the DSID program. Proposals submitted can include some (following specific protocols) or all of the ingredients and other tests listed in the Performance Work Statement, Attachment A. An offeror should only submit a proposal for analysis of ingredients/constituents for which they have considerable experience and/or demonstrated expertise. Continued analysis of dietary supplement samples will proceed in the following four years based on satisfactory contract performance and availability of funds. Continued procurement and analysis of dietary supplements will proceed in the following four years based on satisfactory contractor performance and availability of funds.

Performance Period: The Contractor shall perform services beginning 30 September 2017 – 29 September 2018 for the base period. Three (3) one year options are available to be used which could allow for up to a four (4) year contract.

The type of solicitation will be Best Value, using tradeoffs. The NAICS Code for this procurement is 541380, Food Testing Laboratories or services. Small Business Size Standard is $15.0 million. It is anticipated that award will result in a multiple awards, firm fixed-price contracts. This solicitation will be a Request for Proposals (RFP) and incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-94. Paper copies will not be issued. Offerors are responsible for routinely checking the FedBizOpps website for any possible solicitation amendments that may be issued. The proposed offer due date and site visit will be identified within the solicitation documentation. To be eligible for award, offerors must be registered in the System for Award Management (SAM) database. Offerors may obtain information on registration in the SAM at https://www.sam.gov. This project is a partial small business set-aside competition.

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This solicitation AG-32SC-S-17-0039 will be a Request for Proposals (RFP) and incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-95. This project is a partial small business set-aside competition. The NAICS Code for this procurement is 541380, Food Testing Laboratories or services. Small Business Size Standard is $15.0 million. A list of line items, quantities, and units of measure (including options) are included in section B, Pricing. This solicitation incorporates the following commercial FAR clauses by reference 52.212-1, 52.212-2, 52.212-3, 52.212-4, and 52.212-5. The following applicable FAR clauses are incorporated by reference: 52.219-7, 52.222-3, 52.222-19, 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.225-13, 52.232-33, and 52.232-36 (FAR clauses may be obtained at www.acquisition.gov). Interested vendors are encouraged to submit proposals including descriptive literature (refer to FAR 52.214.21) to Donald Reynolds, USDA, Agricultural Research Service, by e-mail to Donald.reynolds@ars.usda.gov no later than 16:00 EDT August 23, 2017.

Place of Performance:

USDA, ARS, BHNRC/Nutrient Data Lab 10300 Baltimore Avenue Beltsville, MD 20705 United State Primary Point of Contact:

Don Reynolds Contract Specialist, Athens, GA donald.reynolds@ars.usda.gov Phone: 706-546-3155

A - Solicitation/Contract Form

SF 1449

B - Supplies or Services/Prices Pricing Schedule The contractor shall provide food and dietary supplement testing and analysis to the Nutrient Data Laboratory in support of the National Food and Nutrient Analysis Program in accordance with Attachment I, “Performance Work Statement” and with the following price schedule:

B.1. Base Year Pricing (9/30/2017 – 9/29/2018)

Tests and Assays for Dietary Supplements

The offeror may submit prices on all or some* of the tests and ingredient assays listed in Appendix A (Price Schedule) using one of the following options:

Option 1: All Tests and Assays listed in Attachment A (Price Schedule) (Sections 1, 2, 3, 4 and 5) Option 2: Tests and Assays in all sections except Botanicals (Sections 1, 2, 4 and 5) Option 3: Tests and Assays in all sections except Physical Testing (Sections 1, 2, 3 and 5) Option 4: Assays in sections: Vitamins and Botanicals (Sections 1 and 3) Option 5: Assays in section: Botanicals (Section 3)

*The offeror is required to submit prices on all of the basic assays in each section. For the Vitamins, Botanicals and Proximates Sections, there are additional optional assays listed. The offeror may submit prices on all or some of the optional assays in these sections only if the offeror also submits prices on the basic ingredients.

BASIC INGREDIENTS

B Vitamins (List groups of 2

Pro-vitamin A carotenoids (α-carotene, β–carotene gamma-carotene and β-cryptoxanthin) Micrograms 3 15 $

OPTIONAL INGREDIENTS

Section 2. Minerals (Elements):

BASIC INGREDIENTS

Section 3. Botanicals (Botanical and other non-vitamin/non-mineral ingredients):

sig figures

BASIC INGREDIENTS

OPTIONAL INGREDIENTS

Section 4. Physical testing:

BASIC TESTS

Section 5. Proximates:

BASIC INGREDIENTS

OPTIONAL INGREDIENTS

1 Dietary supplements are to be reported per gram.

2 For each botanical, report identity testing methods and assays for bioactive constituents for which your lab has validated methods.

3 Gallic Acid Equivalents

Additional Ingredients/Bioactive Components: Over the course of the contract, there may be a need for additional tests or the analysis of additional ingredients/components beyond those included in Attachment A (Price Schedule).

B.2. Option Year I Pricing (09/30/18 – 09/29/19)

Tests and Assays for Dietary Supplements

The offeror may submit prices on all or some* of the tests and ingredient assays listed in Appendix A (Price Schedule) using one of the following options:

Option 1: All Tests and Assays listed in Attachment A (Price Schedule) (Sections 1, 2, 3, 4 and 5) Option 2: Tests and Assays in all sections except Botanicals (Sections 1, 2, 4 and 5) Option 3: Tests and Assays in all sections except Physical Testing (Sections 1, 2, 3 and 5) Option 4: Assays in sections: Vitamins and Botanicals (Sections 1 and 3) Option 5: Assays in section: Botanicals (Section 3)

*The offeror is required to submit prices on all of the basic assays in each section. For the Vitamins, Botanicals and Proximates Sections, there are additional optional assays listed. The offeror may submit prices on all or some of the optional assays in these sections only if the offeror also submits prices on the basic ingredients.

BASIC INGREDIENTS

B Vitamins (List groups of 2

Pro-vitamin A carotenoids (α-carotene, β–carotene gamma-carotene and β-cryptoxanthin) Micrograms 3 15 $

OPTIONAL INGREDIENTS

Section 2. Minerals (Elements):

BASIC INGREDIENTS

Section 3. Botanicals (Botanical and other non-vitamin/non-mineral ingredients):

sig figures

BASIC INGREDIENTS

OPTIONAL INGREDIENTS

Section 4. Physical testing:

BASIC TESTS

Section 5. Proximates:

BASIC INGREDIENTS

OPTIONAL INGREDIENTS

1 Dietary supplements are to be reported per gram.

2 For each botanical, report identity testing methods and assays for bioactive constituents for which your lab has validated methods.

Additional Ingredients/Bioactive Components: Over the course of the contract, there may be a need for additional tests or the analysis of additional ingredients/components beyond those included in Attachment A (Price Schedule).

B.3. Option Year II Pricing (09/30/19 – 09/29/20)

The offeror may submit prices on all or some* of the tests and ingredient assays listed in Appendix A (Pricing Schedule) using one of the following options:

Option 1: All Tests and Assays listed in Attachment A (Price Schedule) (Sections 1, 2, 3, 4 and 5) Option 2: Tests and Assays in all sections except Botanicals (Sections 1, 2, 4 and 5) Option 3: Tests and Assays in all sections except Physical Testing (Sections 1, 2, 3 and 5) Option 4: Assays in sections: Vitamins and Botanicals (Sections 1 and 3) Option 5: Assays in section: Botanicals (Section 3)

*The offeror is required to submit prices on all of the basic assays in each section. For the Vitamins, Botanicals and Proximates Sections, there are additional optional assays listed. The offeror may submit prices on all or some of the optional assays in these sections only if the offeror also submits prices on the basic ingredients.

BASIC INGREDIENTS

B Vitamins (List groups of 2

Pro-vitamin A carotenoids (α-carotene, β–carotene gamma-carotene and β-cryptoxanthin) Micrograms 3 35 $

OPTIONAL INGREDIENTS

Section 2. Minerals (Elements):

BASIC INGREDIENTS

Section 3. Botanicals (Botanical and other non-vitamin/non-mineral ingredients):

sig figures

BASIC INGREDIENTS

OPTIONAL INGREDIENTS

Section 4. Physical testing:

BASIC TESTS

Section 5. Proximates:

BASIC INGREDIENTS

OPTIONAL INGREDIENTS

1 Dietary supplements are to be reported per gram.

2 For each botanical, report identity testing methods and assays for bioactive constituents for which your lab has validated methods.

Additional Ingredients/Bioactive Components: Over the course of the contract, there may be a need for additional tests or the analysis of additional ingredients/components beyond those included in Attachment A (Price Schedule).

B.4. Option Year III Pricing (09/30/20 – 09/29/21)

The offeror may price on all or some* of the tests and ingredient assays listed in Appendix A (Price Schedule) using one of the following options:

Option 1: All Tests and Assays listed in Attachment A (Price Schedule) (Sections 1, 2, 3, 4 and 5) Option 2: Tests and Assays in all sections except Botanicals (Sections 1, 2, 4 and 5) Option 3: Tests and Assays in all sections except Physical Testing (Sections 1, 2, 3 and 5) Option 4: Assays in sections: Vitamins and Botanicals (Sections 1 and 3) Option 5: Assays in section: Botanicals (Section 3)

*The offeror is required to submit prices on all of the basic assays in each section. For the Vitamins, Botanicals and Proximates Sections, there are additional optional assays listed. The offeror may prices on all or some of the optional assays in these sections only if the offeror also submits prices on the basic ingredients.

BASIC INGREDIENTS

B Vitamins (List groups of 2

Pro-vitamin A carotenoids (α-carotene, β–carotene gamma-carotene and β-cryptoxanthin) Micrograms 3 10 $

OPTIONAL INGREDIENTS

Section 2. Minerals (Elements):

BASIC INGREDIENTS

Section 3. Botanicals (Botanical and other non-vitamin/non-mineral ingredients):

sig figures

BASIC INGREDIENTS

OPTIONAL INGREDIENTS

Section 4. Physical testing:

BASIC TESTS

Section 5. Proximates:

BASIC INGREDIENTS

OPTIONAL INGREDIENTS

1 Dietary supplements are to be reported per gram.

2 For each botanical, report identity testing methods and assays for bioactive constituents for which your lab has validated methods.

Additional Ingredients/Bioactive Components: Over the course of the contract, there may be a need for additional tests or the analysis of additional ingredients/components beyond those included in Attachment A (Price Schedule).

C - Description/Specifications Performance Work Statement The Dietary Supplement Ingredient Database:

Monitoring Ingredient Levels in U.S. Dietary Supplements

I. Background Information and Objectives

A. Background Information

The mission of the Nutrient Data Laboratory (NDL) is to develop authoritative estimates of components and ingredient content in foods and dietary supplements to support the development of USDA composition databases. NDL also develops methods to acquire, evaluate, compile and disseminate composition data on foods and dietary supplements available in the United States.

Since 2004, the USDA has been gathering information about ingredients and bioactive components in dietary supplements, based on chemical analysis. Composition data for foods and dietary supplements are needed to support research, policy development and dietary guidance concerning the availability of a safe, nutritious and adequate diet. These data are the basis of essentially all public and private work in the field of nutrition. Within the Federal government, these data support such efforts as metabolic and epidemiological research, dietary treatment of disease, dietary guidance for healthy individuals, and planning and implementation of national nutrition policy. In the private sector, composition data are used for food and diet therapy of patients in hospitals and community settings, formal and selfdirected nutrition education programs for adults and children, and preventive guidance for obstetric, pediatric, and geriatric populations. Nutrition monitoring activities and their results depend heavily on food and dietary supplement composition data. The What We Eat in America (WWEIA) component of the National Health and Nutrition Examination Survey (NHANES) use these data to calculate ingredient intake and determine the adequacy of the diet for the U.S. population overall, as well as for a range of population subgroups. Dietary supplement information are incorporated into these algorithms, increasing the need for validated data on ingredients in dietary supplements.

The Dietary Supplement Ingredient Database (DSID) was first launched in 2009 to provide an analytically-based database which can be used as a research tool to more accurately measure the U.S. intake of nutrients and other bioactive ingredients from dietary supplements. The third release of the DSID, DSID-3 (//dsid.usda.nih.gov), was released in 2015. It provides national estimates for ingredients content in adult, children’s and non-prescription prenatal multivitamins and for ingredients in omega-3 fatty acid dietary supplements.

NDL has no laboratory facilities of its own, and relies on other government laboratories, cooperative agreements with university researchers, and contracts with commercial laboratories for the analyses of food, beverages, dietary supplements, and other products.

B. Objectives

The purpose of this contract is to partner with laboratories to obtain accurate and representative analytical data for dietary supplements. These data will be obtained through physical tests and chemical assays by laboratories utilizing valid, up-to-date analytical methodology and rigorous quality control (QC) programs based on the use of Certified Reference Materials (CRMs), other in-house QC materials and thorough documentation.

II. Services to be performed

A. General Requirements

The contractor shall test and analyze the dietary supplement samples sent to them by the NDL or their designee. Tests to be performed and ingredients to be analyzed are listed in Attachment A.

In the event the analyses of ingredients or testing (other than those not listed in Attachment A) are required, we will modify the contract to include the new ingredients after the contractor has demonstrated expertise by the submission of methods and validation information. Check samples may be sent to verify laboratory capabilities.

B. Specific Task/Technical Requirements

Task 1. Ingredient Analyses and Tests

1.1 Homogenization and extraction of dietary supplement samples

Supplement items will be shipped as sold (tablets, gel caps, hard and soft capsules, powder, chewable tablets, and liquids) and may include a variety of ingredients. Most will require weighing, grinding and/or homogenization appropriate for the form of the supplement. In the case of tablets and capsules, weights shall be determined by weighing a specified number of tablets or capsules before grinding/homogenization. For samples that are capsules, an additional weighing of the cleaned and dried hard or soft shells is necessary. All weights will be reported with the ingredient test results. For liquids, specific gravity must be determined. Some samples may require additional steps which could include moisture analysis and additional grinding of powdered samples.

1.2 Primary Ingredient Analyses and Tests

The Contractor will periodically (usually once per year) receive task orders for the analysis of specific tests or ingredients, as awarded in the contract. Samples will be sent in batches during the term of each Task Order. The contractor will be informed about samples to be sent at least a week before shipment, or earlier if preferred. Over the course of a year, batches of samples may be clustered together, with 5-6 batches sent in a month and no samples sent for 2-3 months at a time.

Upon receipt, samples are to be evaluated to determine whether all samples have been received and are in good condition and logged into the Contractor’s database. NDL is to be notified immediately in the event of any problems.

Samples are to be stored according to the instructions provided for that group of samples. Storage conditions may vary from -60oC to room temperature (botanicals are usually refrigerated). Most samples will require a weighing step and a homogenization step. After homogenization, samples are to be stored at –60oC, unless they are being analyzed immediately or if the instructions specify otherwise. Samples are to be handled in such a way as to maintain sample integrity for the ingredient content, and to ensure homogeneity of aliquots used for analysis of specific ingredients. If special handling is required, instructions will be sent with the samples. Samples shall be analyzed for the ingredients specified by NDL in the instructions accompanying the samples (work order). All vitamins and other labile constituents in dietary supplements shall be analyzed within one day after preparing the homogenate. It is important to note that for chemical assays, the dietary supplement studies at NDL require at least 30 tablets/capsules to be homogenized. Aliquots from this homogenate should be used for assays and tests.

The laboratory shall use methods approved by the Association of Official Analytical Chemists (AOAC, International), the United States Pharmacopeia (USP), or equivalent methods, including in-house methods which have been validated in your facility. Any modifications to the standard analytical methods shall be documented, and non-AOAC or USP methods must be fully described. Appropriate quality control (QC) procedures shall also be employed during the analyses and QC results reported to NDL. Results of analyses shall be reported in the units and to the number of significant figures specified in Attachment A. Unique homogenization procedures may be required for certain labile ingredients (e.g. folic acid, vitamin C, beta-carotene and other carotenoids). Special homogenization or extraction procedures may be required for dietary supplements with microencapsulated components.

If during the contract period, the contractor wishes to change a method specified in their proposal, they may do so after providing validation for the new or modified method and after acceptance by the Contracting Officer’s Representative (COR).

1.3 Repeat Analyses and Tests

NDL sends quality control samples as part of each batch of product samples, in order to monitor the performance of the laboratory. A conference call may be requested with the contractor in order to review results for NDL’s quality control samples, the contractor’s provided QC information and/or the primary sample results and to discuss any questions about the data received in detail.

NDL will require retesting (repeat analyses) for some samples. The contractor will be informed about samples to be sent at least a week before shipment. Sample retests are handled in one of two ways:

A. Additional retest samples (an additional 30 units) will be sent after evaluation of results for the primary test sample batches. Most of the samples shipped for retest purposes will require a weighing step and a homogenization step.

B. Frozen homogenates of the original samples stored by the contractor may be used for retesting.

For verification of unusual results or to identify possible errors, 10% of samples identified for retesting will be tested at the contractor’s expense. Above this 10% threshold, values that have been identified as contractor errors, such as mistakes in calculations, dilutions, etc., shall also be reanalyzed at the contractor's expense.

The contractor shall have 30 days to respond to a request to repeat any analyses and to resolve any questions. The remainder of the homogenized samples (after primary or retest analysis), shall be stored at 60o C (or as specified) until the results are approved and the study is completed. The contractor must get permission from the dietary supplement laboratory liaison to discard any stored test samples.

Task 2. Reporting Requirements

The contractor shall prepare reports as specified in each task order.

2.1 Monthly Reports

A monthly report is due on the 15th of each month. The report shall be sent by email to the COR and shall contain:

· List of samples received since the last data submission and awaiting analysis (i.e. any samples not included in the Data File Reporting Results);

· Analyses performed during the reporting period;

· Any problems encountered during the reporting period;

· What steps were taken to resolve those problems;

· Estimated date of next delivery of data and any expected samples;

· Any changes in procedures or in-house monitoring materials;

· Additional relevant information

2.2 Data Files Results

Data files reporting the results of analyses are due no more than 30 days after receipt of each batch of samples for analysis. The data file submission shall contain the following:

· A list of samples included in the data submission

· Detailed descriptions of sample processing, including any special procedures

· Methods of analysis, including any modifications

· The results of internal quality control procedures conducted at the same time as the analyses of the submitted samples

· Results for all analyses specified in the instructions accompanying a batch of samples in the units and the number of decimal places specified in Attachment A of the SOW;

· All sample weights and other sample information

· For DS physical testing, information about the appearance of the dosage forms may be required

Ingredient results and other data presented in each data file shall be delivered in the form(s) specified in the contract. Currently, a Microsoft Excel spreadsheet format sent by e-mail is preferred. The columns required will be sent with the shipment information and will include at least:

1. Laboratory sample number

2. Sample number assigned by NDL

3. Sample description from the analysis request sent with the sample

4. Sample weight (for ingredient results)

5. Sample size in grams or mg (at least 3 significant figures)

6. Ingredient analyzed or test name

7. Ingredient form reported

8. Results (with at least 3 significant figures for ingredient results)

9. Units

10. Indication if value is less than the LOD/LOQ

11. Date of analysis

A separate file shall be created for each batch of samples. The offeror’s QC results shall be reported on a separate tab and include the name of the control material, ingredient analyzed, sample matrix, date of analysis and target values and ranges.

Any change in data format submissions shall be clearly defined and agreed upon by NDL.

The e-mail files shall not contain any copyprotection coding or formatting which would prevent the government from making additional copies of the files. THE DATA GENERATED BECOMES THE PROPERTY OF USDA AND SHALL NOT BE DISSEMINATED OR USED IN ANY OTHER WAY BY THE CONTRACTOR WITHOUT PERMISSION.

2.3 Problem Resolution Report

In the event a performance problem occurs, a report showing resolution of the problem will be due within 10 business days of request. The report shall contain the results of the analyses of the samples and steps taken to resolve the problem.

D - Packaging and Marking Not Used

E - Inspection and Acceptance 52.246-4 Inspection of Services—Fixed-Price (AUG 1996)

F - Deliveries or Performance Period of Performance

The period of performance for the base contract is: September 30, 2017 through September 29, 2018.

The option year(s) period of performance (if exercised) are:

G - Contract Administration Data Not Used H - Special Contract Requirements 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 September 30, 2017 through September 29, 2021.

(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 $1,000.00, 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 $300,000;

(2) Any order for a combination of items in excess of $600,000; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (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 2 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 September 29, 2021.

(End of Clause)

52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 calendar days.

(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 30 calendar 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 4 years.

(End of Clause) I - Contract Clauses 52.202-1 Definitions. (NOV 2013) 52.203-3 Gratuities (APR 1984) 52.212-4 Contract Terms and Conditions -- Commercial Items (JAN 2017) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (JAN 2017)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

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

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

[Contracting Officer check as appropriate.] _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).

_X__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

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

_X__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved] _X__ (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).

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

_X__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved] ___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

_X__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

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

___ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

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

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Nov 2016) of 52.219-9.

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

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

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

_X__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

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

_X__ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

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

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

_X__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

___ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order.