RFQ_FDA-SOL-15-1151378doc.pdf

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 and supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. This synopsis is to notify contractors that the government intends to issue a Purchase Order on a brand name or equal basis in accordance with FAR Part 13 for the following, under simplified acquisition procedures. The Request for Quotation number is FDA-SOL-15-1151378.

Provisions and clauses in effect through Federal Acquisition Circular 2005-83 are incorporated into this request. It is the contractor's responsibility to be familiar with the applicable clauses and provisions. The provisions and clauses may be accessed in full text at www.acquisition.gov/far. The NAICS code is 541511, Custom Computer Programming Services. All qualified business interests are encouraged to submit a quotation.

The U.S. Food and Drug Administration requests quotation responses from qualified sources capable of providing the resources mentioned above (brand name or equal to product) within the time frame specified.

Statement of Need:

Background and Purpose:

The Office of Regulatory Science of CFSAN requires data analysis software, Analytical Studio (brand name or equal to), for use in research, development and analysis related to CFSAN’s food safety mission. The software will be used to initially process Liquid Chromatography/Mass Spectrometry (LC/MS) data files from the major manufacturers in an automated fashion. The software will search the data files for target contaminants and provide feedback of their presence. In addition, the software will also search for any other potential contaminant and provide a list of potential identities. This is important for allowing FDA scientists to process their analytical data more efficiently and quickly.

Because LC/MS plays a major and vital role in the identification of chemical contaminants in foods and in the identification of compounds that can migrate into food from food packaging, automated data analysis strategies will allow for increased analytical throughput by reducing the burden of data processing.

Since the inception of LC/MS, it has been a powerful analytical tool at CFSAN and FDA.

The ever-increasing uses of the technique and the advances made have resulted in more instruments purchased to meet FDA’s mission. With increasing imports and analytical demands on FDA scientists, software solutions to improve analyst efficiency are required. The solution is to use software to automatically process LC/MS data in order to allow scientists to focus on confirmation, thus reducing the time required to manually process a large number of samples. The current version of the software is capable of processing LC/MS data for a list of user-defined target compounds. The modified version of the software can be used to examine the data for chemicals that may exist outside of the target list and, given the proper instrumentation, assist in the identification of this contaminant in conjunction with both internal and external databases. This approach will be used whenever possible to support the identification of contaminants and to identify chemical constituents of complex mixtures, and it will play an important role in the identification of economic adulterants in the near future

Scope of Work:

If offeror is not proposing the brand name solution specified above, the proposed product shall meet the following salient, functional characteristics in order to be considered for award:

The contractor shall produce modifications of the Software known as Analytical Studio, Brand Name or Equal to the following salient characteristics:

The developed software will allow automated data processing while self-optimizing processing settings based on the data quality. Processing occurs by componentizing, filtering, and recalibrating the LC/MS data and examining the components of the sample for potential matches to a pre-defined compound list.

The software will allow identification of the presence/absence of an analyte from a list of target compounds and also process data for any compounds not contained on the aforementioned list.

The software will also be vendor neutral, allowing for platform-independent data analysis.

The software must be expandable (e.g. cloud-based and/or physical) to other laboratories performing similar work without any significant differences. The overall scheme will allow users to upload their data manually or automatically to the software server for subsequent processing.

The software should allow for users to submit data directly from the instrument from another location without any degradation in the data quality and provide an easy-to-read report of the results. A list of potential compound matches to the screened database will be generated for each processed data file. As part of this project, the software will be piloted within FDA to examine the robustness of the processing and evaluate the accuracy. When fully realized, this will become a valuable tool for all FDA laboratories that require high-throughput or large volume sample testing.

Deliverables:

Milestone I. The current software tool shall be modified to be able to read in and process ThermoFisher, Agilent, Applied Biosystems and Waters LC/MS data. These formats shall be supported for reading well defined full-scan MS or MS/MS experiments. The expectation of this requirement is to support the basic experiment of one POS and/or one NEG full-scan experimental segment within a single data file. Other experiment configurations shall optionally be supported if there is sufficient time and are well defined. The recalibration algorithm shall be applied, where possible, to the TOF data files. At this time, it is unclear if the recalibration algorithm will work well with certain vendor / instrument types as has already been proven to work for ThermoFisher Exactive datasets. Certain mass statistics are not available with the “cleaner” TOF datafiles created by the vendors. An artificial uncertainty shall be applied in order to allow the algorithm to attempt to improve the accuracy.

Milestone II, The current software tool shall be modified to be capable of processing data for a large substance list of up to 100,000 compounds. Although, this is not a replacement for the untargeted workflow, it shall go a long way to expand the application of the current targeted solution. A re-architecting of the current software shall be required to achieve the necessary performance and possibly additional UI elements shall be needed to allow the user to quickly interrogate substances of interest.

Milestone III. The current software tool shall be modified to be able to calculate the empirical formula based on the observed masses including isotopes and allow searching Chemspider by selecting a mass from any spectrum. The Chemspider search shall be submitted automatically with the pre-calculated uncertainties from the recalibration algorithm or allow the user to manually specify the uncertainty.

Milestone IV. The current software tool shall be modified to be capable of identifying and importing the following ionization types of MS data: MS1 – POS or NEG as a single time based sequence and MS/MS – POS or NEG as data driven MS/MS of the same polarity. The software shall be able to process the MS(1) data streams as Profile data type using the automated spectrum reduction approach (aka min-binning data treatment implementation) to deliver centroided and mass recalibrated processed spectra where possible. In cases where it is not possible to perform a mass recalibration, then the instrument recorded values shall be used. MS/MS data shall be mass recalibrated where possible using the MS(1) mass recalibration information. Where no MS(1) recalibration is possible, the MS/MS spectra shall be reported with their original recorded and centroided mass values. In all cases the spectrum and results shall be displayed in the user interface. MS(1) spectra shall be processed in an appropriate way to deliver substance assigned spectra for MS(1) data and augmented with MS/MS spectra as additional user confirmation. No fragment assignment of the MS/MS spectra is included though it would be possible to generate proposed formulas for the fragment masses.

Milestone Delivery Schedule Milestone Estimated Delivery Date Amount ($) Milestone I Oct 31, 2015 $25K Milestone II Dec 1, 2015 35K Milestone III Jan 15, 2015 32K Milestone IV March 15, 2015 20K

Period of Performance:

The period of performance is for one (1) one-year.

Vendor quotes shall address how the proposed solution will comply with Section 508.

Specifically the following 508 Standards are applicable:

SECTION 508 Compliance:

Section 508. The following HHSAR clause applies to this task order: HHSR 352.239–73 Electronic and Information Technology Accessibility (January 2010) Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) as amended by Public Law 105– 220 under Title IV (Rehabilitation Act Amendments of 1998), all Electronic and Information Technology (EIT) developed, procured, maintained, and/or used under this contract shall be in compliance with the ‘‘Electronic and Information Technology Accessibility Standards’’ set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the ‘‘Access Board’’) in 36 CFR part 1194. The complete text of Section 508 Final Standards can be accessed at http://www.access-board.gov/sec508/standards.htm

List of 508 standards applies:

1194.22 Web-based intranet and internet information and applications

1194.41 Information, documentation, and support

Offerors are to submit a Voluntary Product Accessibility Template (VPAT).

EVALUATION FACTORS FOR AWARD:

The Government shall award a contract resulting from this solicitation to the responsible offeror whose offer is the lowest price technically acceptable offer. Award will be made on the basis of the lowest evaluated price meeting or exceeding the non-cost factor (technical conformance to the requirements of the solicitation). The Government intends to evaluate offers and award a contract without discussions. The offeror's initial offer should contain the offeror's best terms from a price standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the best interest of the Government; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

The following factors shall be used to evaluate offers:

1. Technical Features Meeting/Exceeding Salient Requirements (Brand Name or Equal)

2. Total Price (all CLINs shall be priced)

Instructions to Offerors:

Offerors are required to submit the following information in their quote:

Quotes must be firm-fixed-priced, and include all quantities and option periods listed, all or none.

http://www.law.cornell.edu/uscode/html/uscode29/usc_sec_29_00000794----000-.html http://www.access.gpo.gov/nara/cfr/waisidx_01/36cfr1194_01.html http://www.access-board.gov/sec508/standards.htm http://www.access-board.gov/sec508/standards.htm

If proposing a solution other than the brand name, please include:

Details regarding how the proposed product satisfies each of the salient functional characteristics listed above. This portion of the quotation shall include all data and information required for technical evaluation of brand name or equal product pursuant to

FAR 52.211-6.

The contractor is requested to hold price quotations for a minimum of 60 days.

Other Administrative Instructions:

Offerors responding to this RFQ must be registered with an Active status in the System for Award Management (SAM)

In accordance with FAR 52.212-4, Offerors shall be registered in the SAM database to be considered for award. Registration is free and can be completed on-line. Please visit the System for Award Management (SAM) at: www.sam.gov to register.

Quotations shall be submitted by email only as a MS Word or Adobe PDF attachment to Ronnie Ebron at Ronnie.ebron@fda.hhs.gov.

Quotations are due by 10:00am Eastern Time on 10 September 2015. Any questions must be addressed to Ronnie Ebron, ronnie.ebron@fda.hhs.gov no later than 12:00pm Eastern Time on 8 September 2015.

Contracting Office Address:

5630 Fishers Lane, Room 2080 Rockville, Maryland 20857-0001

Place of Performance:

U.S. Food and Drug Administration 5100 Paint Branch Parkway College Park, MD 20740 United States

Primary Point of Contact:

Ronnie Ebron, Contracts Specialist ronnie.ebron@fda.hhs.gov Phone: 240-402-3803 http://www.sam.gov/ mailto:ronnie.ebron@fda.hhs.gov mailto:ronnie.ebron@fda.hhs.gov

Fax: 301-827-1044

Secondary Point of Contact:

Brendan McCarthy Contracting Officer Brendan.McCarthy@fda.hhs.gov Phone: 240-402-7540 Fax: 301-827-1044

Invoicing Instructions:

The Contractor shall submit one (1) electronic copy of each invoice to the address(es) specified below:

Office of Financial Services Food and Drug Administration

10903 New Hampshire Ave WO32 - Second Floor

MAIL HUB 2145

Silver Spring, MD 20993-0002

Attn: Vendor Payments

301.827.3742 or 866.807.3742

Or fdavendorpaymentsteam@fda.gov & the FDA COR’s e-mail address

Invoices submitted under this contract must comply with the requirements set forth in FAR Clauses 52.232-25 (Prompt Payment) and 52.232-33 (Payment By Electronic Funds Transfer – Central Contractor Registration) and/or other applicable FAR clauses specified herein. To constitute a proper invoice, the invoice must be submitted on company letterhead and include each of the following:

(I) Name and Address of the Contractor;

(II) Invoice date and invoice number;

(III) Purchase order/award number;

(IV) Description, quantity, unit of measure, unit price, and extended price supplies delivered or services performed, including: (a) period of performance for which costs are claimed; (b) Itemized travel costs, including origin and destination; and (c) Any other supporting information necessary to clarify questionable expenditures;

(V) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on government bill of lading;

(VI) Terms of any discount for prompt payment offered;

(VII) Name and address of official to whom payment is to be sent (must be the same as that in the purchase order/award, or in a proper notice of assignment);

(VIII) Name, title and phone number of period to notify in event of defective invoice;

mailto:Brendan.McCarthy@fda.hhs.gov mailto:fdavendorpaymentsteam@fda.gov

(IX) Taxpayer identification number (TIN);

(X) Electronic funds transfer (EFT) banking information, including routing transit number of the financial institution receiving payment and the number of the account into which funds are to be deposited;

(XI) Name and telephone number of the FDA Contracting Officer Technical Representative (COR) or other program center/office point of contact, as referenced on the purchase order; and

(XII) Any other information or documentation required by the purchase order/award.

An electronic invoice is acceptable if submitted in Adobe Acrobat (PDF) format. All items listed in (I) through (XII) of this clause must be included in the electronic invoice.

Electronic invoices must be on company letterhead and must contain no ink changes and be legible for printing.

Questions regarding invoice payments should be directed to the FDA Payment Office at a telephone number provided above.

FAR Provisions and Clauses

52.211-6 -- Brand Name or Equal (AUG 1999)

52.212-1 -- Instructions to Offerors -- Commercial Items (APR 2014)

52.212-3 -- Offeror Representations and Certifications-Commercial Items (DEC 2014)

52.212-4 -- Contract Terms and Conditions -- Commercial Items (DEC 2014)

52.212-5 – Contract Terms and Conditions required to Implement Statutes or Executive Orders-Commercial Items (DEC 2014)

(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)"(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[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).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509)).

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

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (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. (Aug 2013) (31 U.S.C.

6101 note).

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

__ (10) [Reserved].

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

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

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

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

__ (13) [Reserved]

__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C.

644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

644).

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

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

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C.

637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C.

637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Oct 2014) 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 (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages'Subcon-tracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

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

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

__ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (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 (Jan 2014) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

X (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).

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

793).

X (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (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) 52.222-54, Employment Eligibility Verification (Aug 2013). (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.)

__ (34)(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.)

__ (35)(i) 52.223-13, Acquisition of EPEAT-Registered Imaging Equipment (Jun 2014) (E.O. 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-13.

__ (36)(i) 52.223-14, Acquisition of EPEAT-Registered Televisions (E.O. 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (37) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (38)(i) 52.223-16, Acquisition of EPEAT-Registered Personal Computer Products (Jun 2014) (E.O. 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

X (39) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (40) 52.225-1, Buy American Supplies (May 2014) (41 U.S.C. chapter 83).

X (41)(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.

__ (42) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

X (43) 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).

__ (44) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (45) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (46) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (47) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (48) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C.

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

X (49) 52.232-33, Payment by Electronic Funds Transfer System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (50) 52.232-34, Payment by Electronic Funds Transfer Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (51) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

X (52) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (53)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C.

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

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (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) (29 U.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).

__ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.13495).

__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C.

5112(p)(1)).

__ (10) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658).

(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 (Apr 2010) (41 U.S.C.

3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 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.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

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

793).

(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212)

(viii) 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.

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

(x) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(xi) 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).

(xii) 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).

(xiii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xv) 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.

(xvi) 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.

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658).

(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.

52.213-2 -- Invoices (APR 1984)

52.217-5 -- Evaluation of Options (JUL 1990) Except when it is determined in accordance with FAR 17.206(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.

Evaluation of options will not obligate the Government to exercise the option(s).

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.

52.232-40 -- Providing Accelerated Payment to Small Business Subcontractors

PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS

(DEC 2013)

a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

The Following HHSAR clauses are incorporated by reference:

352.202-1 Definitions (JAN 2006) 352.203-70 Anti-Lobbying (JAN 2006) 352.222-70 Contractor cooperation in equal employment opportunity investigations

(JAN 2010)

352.224-70 Privacy Act (JAN 2006) 352.227-70 Publications and Publicity (JAN 2006) 352.231-71 Pricing of Adjustments (JAN 2001) 352.239-73 Electronic and Information Technology Accessibility (JAN 2010)

These clauses may be downloaded from:

http://www.hhs.gov/oamp/policies/hssar.doc http://www.hhs.gov/oamp/policies/hssar.doc