Atch H - Clauses Terms and Instructions IHS1465935 REV.pdf

ATTACHMENT H- CLAUSES, TERMS AND INSTRUCTIONS

TABLE OF CONTENTS

SECTION B – CONTINUATION

B.1 CONTRACT ADMINISTRATION DATA

B.2 SPECIAL CONTRACT REQUIREMENTS

A. PHYSICAL DEMAND AND WORK ENVIRONMENT

B. PATIENT CULTURAL BACKGROUND

C. REVIEW AND APPROVAL AND EVALUATION

D. VERIFICATION OF LICENSURE

E. POST-AWARD ADMINISTRATION MONITORING

F. BACKGROUND CHECK

G. PERIOD OF PERFORMANCE

H. DESIGNATION OF CONTRACTING OFFICER REPRESENTATIVE (COR)

I. CONTRACTOR OFFICER REPRESENTATIVE (COR)

J. CONTRACTING OFFICER (CO) RESPONSIBILITIES

K. AUTHORITY

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

M. SECURITY

N. INFORMATION TECHNOLOGY SECURITY

O. HEALTH AND APPEARANCE REQUIREMENTS

SECTION C - CONTRACT CLAUSES

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

HTTPS://WWW.ACQUISITION.GOV/

B. 52.212-2 EVALUATION- COMMERICAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

EXECUTIVE ORDER – COMMERCIAL ITEMS (OCT 2022)

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

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

F. 52.237-3 CONTINUITY OF SERVICES (JAN 1991)

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

H. HEALTH & HUMAN SERVICES ACQUISITION REGULATION CLAUSES, 48 CFR CHAPTER 3

CLAUSES (INCORPORATED BY REFERENCE): HTTPS://WWW.ACQUISITION.GOV/HHSAR

SECTION D - CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

ATTACHMENT A: RATE SCHEDULE

ATTACHMENT B: BUSINESS ASSOCIATE AGREEMENT

ATTACHMENT C: TAX EXEMPTION LETTER

ATTACHMENT D: STATEMENT OF WORK

ATTACHMENT E: TIME SHEET

ATTACHMENT F: WAGE DETERMINATION

ATTACHMENT G: IEE RRESENTATION FORM

https://www.acquisition.gov/ https://www.acquisition.gov/hhsar

SECTION E - SOLICITATION PROVISIONS

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

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

2021)

C. 52.212-2 EVALUATION – COMMERCIAL ITEMS (NOV 2021)

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

E. 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (FEB

2021)

F. 52.216-1 TYPE OF CONTRACT (APR1984)

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

I. DEPARTMENT OF HEALTH AND HUMAN SERVICES TOBACCO POLICY

SECTION B – CONTINUATION

B.1 CONTRACT ADMINISTRATION DATA

NOTIFICATION TO ALL OFFERORS:

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

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

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

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

SAM – http://www.sam.gov

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

a) CONTRACTOR:

DUNS Number: ___________________________________

[See FAR 52.212-1 Instructions… (j) Unique Entity Identifier (UEI)

TAX ID: _________________________________________

b) GOVERNMENT:

Contracting Officer

Indian Health Service (IHS)

Phoenix Area Office

Division of Acquisition Management

Two Renaissance Square

40 N. Central Avenue, Suite 507

Phoenix, AZ 85004-0931

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

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

Contractor Registration

[ ] 52.232-36, Payment by Third Party

4) INVOICES: Invoices shall be submitted in ARREARS:

http://www.sam.gov/

a) Quarterly [ ]

b) Semi-Annually [ ]

c) Other [X] Bi Weekly

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

INVOICING/BILLING:

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

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

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

Name and address of Contractor

Invoice Date

Contract Number and Purchase/Task Order Number

Date of Service

CLIN-Number: Example: 0001 Medical Laboratory Technician and 0002 Medical Laboratory

Technician Over-Time

MLT’s Name

Electronic Invoicing: The Phoenix Area Indian Health Service has initiated an important change in the accounts payable process that is mandatory and will ensure Contractors are paid promptly. All invoices are to be submitted through the US Treasury via IPP.

If you require assistance registering or IPP account access, please contact the IPP Helpdesk at (866) 973-3131 (M-F 8AM to 6PM ET), or IPPCustomerSupport@fiscal.treasury.gov

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

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

Amendment No. Date

B.2 SPECIAL CONTRACT REQUIREMENTS

A. PHYSICAL DEMAND AND WORK ENVIRONMENT:

1) Contractor must be able to lift 40 pounds and must be able to bend, lift and pull.

2) Some shifts may be longer than 8 to 12 hours due to heavy patient load or census.

3) Contractor may be exposed to hazardous materials, such as chemicals and blood and blood-borne pathogens and will be exposed to infectious diseases and mentally and physically impaired patients.

B. PATIENT CULTURAL BACKGROUND:

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

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

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

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

C. REVIEW AND APPROVAL AND EVALUATION:

Service evaluation:

1) Individual providers will be evaluated at the end of the 1st full day of services, daily or at end of an extended assignment, or as needed.

2) Work performed by the Contractor’s employee assigned to the facility, shall be subject to all quality assurance monitors and performance improvement studies performed by the facility.

3) The Contractor shall be informed of any quality of work problems identified by the facility. If

Notice of Problem is issued, the Contractor shall take corrective action and report the corrective action to the facility in writing within one week of receiving the notice.

4) The COR will issue a performance review in CPARS at the end of the base and each option year.

The contractor will have an opportunity to review and approve or dispute the COR’s performance reviews.

D. VERIFICATION OF LICENSURE:

To assure that all medical, Professional, and Technical professionals providing services under this contract are properly licensed and that the IHS is aware of any disciplinary actions, which may have been taken against them the Contractor shall:

Verify through appropriate State Boards, all licenses or certifications, active/inactive/lapsed that are providing services under this contract may hold or have held.

Inform the IHS of the statuses of all licenses/certifications, including the reasons for inactive or lapsed licenses; furnish a letter of reference from other health care providers familiar with the candidate’s professional technical practice skills. Provide any performance of disciplinary data that they may have on a candidate and found no reason to reject the candidate.

The information shall be provided to the COR of the receiving facility no fewer than 15 working days prior to the Candidate’s projected date of arrival at the facility. In emergency situations, where there is no time available, a telephone call from the Contractor providing assurance of the above is acceptable. These instances must be well documented, justified and kept to a minimum.

E. POST-AWARD ADMINISTRATION MONITORING:

1) The Contractor’s employee will be required to comply with the Service Units Policies &

Procedures and shall meet the same licensing/educational requirements as permanent IHS employees prior to providing services in this facility. These providers will be subject to the same peer review as permanent members of our medical team.

2) The Service Unit shall provide an ongoing method of monitoring and evaluation of the quality and appropriateness of patient care and of identifying deficiencies in the quality of services performed before the level of performance becomes unacceptable.

3) If a Contractor’s employee fails to arrive at the service unit for a scheduled shift, the Contractor must provide coverage by another provider with temporary, provisional or courtesy privileges approved by the Service Unit Medical staff and the Governing Body. If no coverage is provided, the Contractor shall be required to pay the IHS for the cost incurred for providing that coverage.

Not providing coverage on more than one occasion will be reviewed and discussed by the Chief

Medical Officer and the Contracting Officer as to whether there was a compromise of patient care.

All compromised situations that arise from lack of patient care by the Contractor shall be referred to the Contracting Officer for action and resolution.

4) Once the Contract is awarded, Contractor(s) must complete all credentialing and privileging paperwork in accordance with TJC, CMS and the Service Unit Staff by-laws and Rules and

Regulations. The Contractor’s employee must meet the same licensing/certification requirements as permanent IHS employee before being allowed to provide services in this facility. The

Contractor’s employee must also complete all CMS-8551 and CMS-855R Medical Enrollment

Applications and any other insurance paperwork. Copies and/or access to patient medical records will be provided to the business office personnel for the purpose of financial matters regarding billing and insurance collections. Service Units will process all eligible third party claims for reimbursement for services provided by the Contractor(s).

5) The Contractor shall provide both the COR and CO copies of its certificates of insurance and its sub-Contractors’ certificates of insurance prior to performing services under this contract. All

Contractor and sub-Contractor certificates of insurance shall name the Phoenix Indian Medical

Center as an additional insured.

6) Contractor Quality Control Program:

The Contractor shall have a Quality Control program to assure compliance with contract. Quality

Control program shall minimally have the following elements:

a) A method for identifying deficiencies in the quality of services performed before the level of performance becomes unacceptable.

b) A file of all quality control inspections, inspection results, and any corrective action required shall be maintained by the Contractor throughout the duration of this contract.

This file shall be the property of the Government and shall be available to the Project

Officer during normal working hours. The file shall be turned over to the Government within 14 days of completion or termination of the contract.

7) Periodic Performance Evaluation Meetings:

The Contractor shall meet, via in-person or teleconference meeting, with the Contracting Officer’s representative (COR) at the Phoenix Indian Medical Center (PIMC) a minimum of every six months according to availability. The purpose of these meetings shall be to review the Contractors performance to the critical minimum performance standards set forth in this contract, as documented by the COR’s periodic surveillance of the Contractors performance to these standards.

The issuance of a Contract Discrepancy Report (CDR) may be cause for the scheduling of additional meeting(s) between the Contractor and PO. A mutual effort will be made to resolve all problems identified. The PO will prepare written minutes of these meetings. Should the

Contractor not concur with the minutes, a written statement will be presented to the Contracting

Officer (CO), and the Contractor will be notified of the decision in writing by the CO.

8) Performance Standards:

a) Introduction – Performance Requirements:

A Quality Assurance Surveillance Plan (QASP) has been developed for in-house operations or to implement a service contract. It is designed to aid the PO in providing effective and systematic surveillance of all aspects of professional nursing services. This plan provides for monitoring the contract requirements

b) The objective of this surveillance plan is to evaluate how the Contractor is performing in key areas. The government is primarily interested in the final service being provided and not in the details of accomplishment.

c) The principal method of surveillance will be daily in some cases or by use or periodic inspections. Appropriate indicators are provided for recording observations in this type of surveillance.

d) How to Use the Performance Based Matrix

i) Each defect observed will be recorded on the tally report. These documents will then become a formal record for later reference. The tally of defects at the end of each clinic or year (dependent on criteria) will be compared to the acceptable number of defects appearing in the surveillance plan. Errors detected by the PO in the course of surveillance will be transmitted to the Contractor or in-house personnel for correction.

Notification of errors will take place within five (5) working days. Specifics concerning any errors should be recorded on the tally checklist. The Contractor or in-house personnel, as applicable, should be asked to initial this record.

ii) Project Officer shall forward a copy of Contractor’s compliance with performance and non-performance compliance reports.

e) Quality Assurance Surveillance Plan (QASP):

i) The Government shall monitor the Contractors’ performance through a

Quality Assurance Surveillance Plan (QASP). The QASP is for informational purposes only and not considered part of the contract.

ii) Surveillance systems will include periodic inspection and acceptance of all deliverables as cited in the contract

*The below QASP outlines required standards and will be a part of the contract*

Measures Performance Requirement Standard Acceptable Quality Level

1 - Key Personnel Provide required care service as specified in the requirements.

Qualified personnel are available and in location as needed to properly perform tasks as specified.

100%

2 - Patient Safety

Timely reporting of any potential or actual patient risk management incidents to the supervisor immediately.

All incidents reported within 24 hours. 100%

3 - Maintains licensing, registration, and certification

Updated Licensing, registration and certifications will be provided as they are renewed.

Licensing and registration information kept current.

Contract Provider records will be kept 99% up-to-date

4 - Privacy, Confidentiality and HIPPA

Contractor is aware of all laws, regulations, policies and procedures relating to Privacy, Confidentiality and HIPPA and complies with all standards

Zero breaches of privacy or confidentiality 100%

5. Qualified to work under

Public Law

Background Investigation in compliance with

Indian Child Protection and Family Violence

Prevention Act, Public Law 101-630

Complete and acceptable documentation of

Background investigation including legible fingerprints

100%

F. BACKGROUND CHECK:

Contractor’s employees are not able to work a scheduled shift until the security check is performed and clearance has been obtained by the appropriate agency. At a minimum fingerprints are required and upon clearance at this stage a Contractor’s may work a scheduled shift. However, Contractors are required to complete the detail background application and application is to be completed within 30 days once the

Contractor’s employee has been given access.

All Contractor employees are subject to criminal background check prior to performing services in accordance with the contract terms and conditions. The Contractor shall ensure that each of their provider(s) complete the, Certification of Criminal History and Background Check Packet. The completed forms are to be returned to the COR. Additional Background Check packets can be obtained through the

COR. Contractors (and their employees) requiring routine, long-term access (i.e., greater than 6 months) to

IHS facilities and/or systems; or providing services to children under 18 year of age are subject to criminal background checks prior to performing services. The Contractor shall ensure that each employee(s) complete the Certification of Criminal History and Background Check Packets to initiate the Child &

Youth Services National Agency Check with Inquiries (CNACI). The COR is responsible for providing the Contractor with all necessary background check forms. The COR is also responsible for ensuring all background check forms are fully completed and processed prior to commencement of service. The

Contractor shall return all completed forms to the Service Unit Human Resource Office located at Phoenix

Area Indian Health Service, 40 North Central Avenue, Phoenix AZ 85004. Contractors may be directed to the e-QIP website to complete the necessary background investigation forms online (inquire with the

Service Unit should you wish to complete forms electronically). All Contractors (or their employees) must appear in person to IHS (or an IHS facility) with two acceptable forms of identity; fingerprints will be taken electronically, or on paper, at this time. This must occur prior to the first date of service (realistically allow a 14-30 day processing time before the actual start date). At a minimum, if results are not received within 5 days, the identity credentials can be issued based on a favorable FBI National Criminal History

Check (fingerprint check). Note: These timeframes are based on complete and acceptable package, including legible fingerprints.

FOR MORE INFORMATION ON SECURITY REQUIREMENTS PLEASE REFER TO DHHS SITE:

http://intranet.hhs.gov/pivcard/brochure.html

G. PERIOD OF PERFORMANCE:

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

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

H. DESIGNATION OF CONTRACTING OFFICER REPRESENTATIVE (COR):

TBD at time of Award@ihs.gov is hereby designated the COR to monitor the performance of this order on behalf of the government.

I. CONTRACTOR OFFICER REPRESENTATIVE (COR):

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

2) Interpreting scope of work;

3) Performing technical evaluations required;

4) Performing technical inspections and acceptances required by this contract;

http://intranet.hhs.gov/pivcard/brochure.html mailto:Award@ihs.gov

5) Monitoring funds available for obligation under this contract;

6) The resolution of technical problems encountered during performance of this contract;

In no event is the COR empowered to change any of the terms and conditions of the contract.

Changes in the scope of work, contract price, quantity, and quality or delivery schedule shall be made only by the Contracting Officer by a properly exercised modification.

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

J. CONTRACTING OFFICER (CO) RESPONSIBILITIES:

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

K. AUTHORITY:

1) No person other than the Contracting Officer has authority to bind the Government with respect to this contract.

2) No action or omission of any government employee or representative other than the

Contracting Officer shall increase or decrease the scope of this contract or shall otherwise modify the terms and conditions of this contract.

3) In no event shall any of the following be effective or binding on the Government or imputed to the Contracting Officer with respect to this contract:

a) An understanding or agreement between the Contractor and anyone other than the

Contracting Officer;

b) A purported modification or change order issued by anyone other than the

Contracting Officer;

c) A promise by anyone other than the Contracting Officer to provide additional funding or make payments; or

d) An order, direction, consent, or permission from anyone other than the Contracting

Officer to:

i) Incur costs in excess of a awarded amount; or

ii) Expend hours in excess of a contracted amount

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

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

1) DHHS Application Background Survey.

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

3) IHS – Release of Personal Information.

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

5) GSA Form 176 – Statement of Personal History.

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

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

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

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

Indian Children.

M. SECURITY:

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

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

Contractor to perform their duties.

N. INFORMATION TECHNOLOGY SECURITY:

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

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

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

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

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

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

1) Acknowledgement and acceptance of the IHS Rules of Behavior

2) Privacy training

3) Protecting sensitive information and the Health Insurance Portability and Accountability Act (HIPAA)

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

4) Physical and information security

5) Appropriate email use

6) Protecting mobile devices and portable media

7) Social engineering awareness

8) Incident response and learning from past incidents

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

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

http://www.ihs.gov/ISSA/ http://www.ihs.gov/ISSA/security_pamphlet_slick.pdf

O. HEALTH AND APPEARANCE REQUIREMENTS:

Immunizations: The contractor agrees to furnish the following documentation of immunization records prior to the performance of work. (Reference Indian Health Service Circular 95-9A).

1) Tuberculosis: Annual PPD or Chest X-ray, if there is a history of positive skin test.

2) Documentation of two (2) MMR (Measles, Mumps & Rubella) vaccinations or proof of immunity. Employees born before 1957 require one MMR vaccination or proof of immunity.

3) Documentation of two (2) varicella (chicken pox) vaccinations or proof of immunity or history of having disease.

4) Documentation of Hepatitis A & B series vaccination and titers

5) Documentation of influenza vaccination during flu season.

6) All contract staff who work in an IHS health care facility, must receive a seasonal influenza vaccination by

October 31 of each year or have on file a valid medical or religious exemption.

Unvaccinated HCP with an approved medical or religious exemption must wear an IHS-provided surgical or similar mask when working in patient care areas or other areas frequented by patients in an IHS health care facility during the influenza season. Influenza season is typically defined as November through March, though may include other periods of increased levels of influenza activity as determined by the Centers for

Disease Control and Prevention and/or state public health authorities.

7) Recommended: TDAP (Prevalence of Pertussis in the community)

8) COVID-19 contractor employee policy that includes screening of employees prior to arrival and established

COVID-19 employee process.

9) Personal Hygiene – All medical personnel shall be clean and neat in appearance and comply with the Service Unit dress code for the appropriate professional category and present themselves in a professional manner commensurate with the nature of the profession and line of work.

SECTION C - CONTRACT CLAUSES

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov.

B. 52.212-2 EVALUATION- COMMERICAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the

Government, price and other factors considered. The following factors shall be used to evaluate offers:

Technical

Past Performance

Price

*Technical and past performance when combined are greater in importance than price*

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the

Government to exercise the option(s).

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

C. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS - COMMERCIAL ITEMS (OCT 2022)

(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 2022) (Public Laws 108-77 and

108-78 ( 19 U.S.C. 3805 note)).

https://www.acquisition.gov/

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct

2022) (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.)

X (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].

X (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 2022) (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. (Jun 2020) (31 U.S.C. 6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41

U.S.C. 2313).

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (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 Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 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 2022) (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

X (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

X (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

X (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. 657f).

X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 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)).

X (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

X (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).

__ (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.

X (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.

__ (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 2022) (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).

X (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).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and

13514).

__ (ii) Alternate I (Oct 2022) 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 2022) (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).

X (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 (Jan2021) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021)(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.

__ (ii) Alternate I (Jan 2021) of 52.225-3.

__ (iii) Alternate II (Jan 2021) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Oct 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (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 2022)

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

5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

X (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 (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

X (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2022) (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).

__ (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.

55305 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:

[Contracting Officer check as appropriate.]

X (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

X (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).

X (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 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).

X (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

X (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 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 (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 (Aug 2018) (41 U.S.C. chapter 67).

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (Oct 2022) (22 U.S.C. chapter

78 and E.O 13627).

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

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

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements

(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 (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

(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 2022) (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. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

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

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

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 calendar days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 45 calendar days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years and six (6) months.

F. 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL

CONTRACTORS (OCT 2021) (DEVIATION)

(a) Definition. As used in this clause -

United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston

Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety

Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task

Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as https://www.saferfederalworkforce.gov/contractors/ defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.

G. 52.237-3 CONTINUITY OF SERVICES (JAN 1991)

(a) The Contractor recognizes that the services under this contract are vital to the Government and must be continued without interruption and that, upon contract expiration, a successor, either the Government or another contractor, may continue them. The Contractor agrees to-

(1) Furnish phase-in training; and

(2) Exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor.

(b) The Contractor shall, upon the Contracting Officer’s written notice, (1) furnish phase-in, phase-out services for up to 90 days after this contract expires and (2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out services required. The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and shall be subject to the Contracting Officer’s approval. The Contractor shall provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency.

(c)…