N00421-16-T-0146.docx

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Physiologic Monitor / Warning System Federal contract opportunity
Solicitation number
N00421-16-T-0146
Issued by
Department of the Navy Naval Air Systems Command Naval Air Warfare Center

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Physiologic Monitor / Warning System Prototype.

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N00421-16-T-0146

Section A - Solicitation/Contract Form

SOLICITATION/CONTRACT FORM

Solicitation N00421-16-T-0146 is issued as a competitive procurement. The Government intends to purchase on a firm fixed-price basis, and to solicit and negotiate the proposed purchase order on a competitive basis for the delivery of an early aviation physiologic monitor / warning system prototype in accordance with the Statement of Work, under the authority implemented by Federal Acquisition Regulation (FAR) by FAR Part 12 and 13. The requirement is for further research and development of a hypoxia monitoring system that can detect physiologic changes, predict the onset of symptoms, and alert the user. The research, development, acquisition, and support of the hypoxia monitoring system are critical to the success of all missions requiring Navy aircraft flying above 8,000 ft, e.g., F/A-18 and T-45.

This is a total set-aside for small business under the authority of FAR Part 52.219-6.

***Basis for Award***

Solicitation closing date/time is firm; proposals received after the deadline will not be accepted. Selected bidder’s decision to submit proposal on the final day of solicitation and requesting for an extension will not be granted. Extension is solely within the discretion of the government agent. Your quote must contain enough technical information i.e. data sheet, drawing, specification, etc.… for evaluation. Your quote will only be evaluated based on the information provided. The award will be made on the basis of lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factor. This is a firm fixed-price procurement; therefore, the initial offer should represent the vendor’s best quote in terms of price and technical acceptability. A determination by the Government not to accept the proposal for not meeting the minimum requirement is solely within the discretion of the Government.

ONLY New Equipment, NO Remanufactured, and all items must be covered under the manufacturer’s warranty. Similar or Substitute products will not be accepted. Interested parties must be registered in System for Award Management (SAM) Database prior to submission of an offer to be considered for award of any Department of Defense contract. This can be accomplished electronically at http://www.sam.gov/vendor.cfm. The Government will not pay for any information received

Government Point of Contact:

Bernie Cortez Naval Air Warfare Center AD (PAX)

2.5.1 RAC, 21983 Bundy Road, BLDG 441

Patuxent River, MD 20670-1127 Email: bernie.cortez@navy.mil (preferred method)

Section B - Supplies or Services and Prices

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each

Task 5.1 IAW SOW

FFP

AHPSM Iteration 1 (2 months ARO): The AHPSM will include: an array of four to six (4-6) custom miniature SpO2 sensors (a spread array of two to four on the armband proximal to the deltoid and above the bicep and triceps, and the ability to add one each on the finger and ear, pulse detector, BISC-based pulse character analysis, pulse differential, heart rate, heart rate complexity, altitude, skin temperature and humidity, respiration rate, carbon monoxide measurement, position of user and acceleration (three axes), and pulse wave transit time as an indicator of changing blood pressure. AHPSM incorporates unique algorithms that will include a novel casualty decompensation predictor, state assessments via modified Murphy Factor® for unconsciousness, hypoxia and deficits in cognition. The initial development of the product will use wired systems which tether the finger and ear pulse ox/ pulse detectors to the arm unit (which has a series of pulse ox sensors) to focus on data fusion and data processing. This is an early level mockup of the system for performance determinations.

***VENDORS MUST PROVIDE COST BREAKDOWN OF PROPOSAL***.

NOTE: URGENT REQUIREMENT SOLICITATION CLOSE DATE IS FIRM!

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each

Task 5.2 IAW SOW

Design Documentation (2 months ARO): Contractor shall deliver User Guide, Design Requirements Specification (DRS), Functional Requirements Specifications (FRS), Software Requirements Specifications (SRS) and Software Design Document (SDD).

***VENDORS MUST PROVIDE COST BREAKDOWN OF PROPOSAL***.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each

Task 5.3 IAW SOW

AHPSM Iteration 2 (4 months ARO): The development is proposed with two prototype iterations based on HAMS in each part (#1 – “Prototype” and #2 – “Refined Prototype”), increasingly each iteration/design will be more tailored to final development.

***VENDORS MUST PROVIDE COST BREAKDOWN OF PROPOSAL***.

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

1.0 Introduction

The following tasks are to be executed by the Contractor in support of the development and delivery of an early aviation physiologic monitor / warning system prototype. The system is needed prior to the start of an FY16 Rapid Innovation Funding (anticipated contract award: May 2016) to accelerate the RIF (Rapid Innovation Fund) project and reduce overall program risk. These tasks are in support of further research and development of a hypoxia monitoring system that can detect physiologic changes, predict the onset of symptoms, and alert the user. The research, development, acquisition, and support of the hypoxia monitoring system are critical to the success of all missions requiring Navy aircraft flying above 8,000 ft, e.g., F/A-18 and T-45.

2.0 Background

An aviation-based sensing system for acceleration and hypoxia-induced mission compromises, leveraged from the Office of Naval Research (ONR) Hypoxia Alert and Mitigation System (HAMS) and other ongoing programs and designs, called AHPSM, is proposed in two parts. This fast-track development effort is possible from full leverage of the HAMS progress in both hardware and software, current SOF (special operations force) products and USN combat casualty care monitoring system (USN-ICCCS) efforts. AHPSM is the aviation variant of HAMS. HAMS is focused on prediction/detection/warning of warfighters of impending hypoxic events based on individual physiological, environmental, and cognitive monitoring. The ongoing development contract of the USN HAMS program is currently tailored for ground missions and casualty care during air evacuation (CASEVAC).

The major difference between the current HAMS and the proposed aviation efforts is that there is no classic aviation “ground application”, human factors issues on integrated ensembles is more significant due to safety, and it is not a medical product. This is not envisioned as an FDA cleared device. Aviation users are more static (relatively speaking), and do not require long range communications inside the vehicles. Both have unique personnel protective equipment (PPE), but often high performance flight protective equipment is significantly more encumbering than a ground ensemble. The aviation use requires safety of flight including extensive restraint, high sustained accelerations, counter pressure and oxygen support for performance and high altitude support. Historically, modifying anything on the current flight ensembles is a cost ineffective solution. Finally, HAMS does not currently support ejection safety and exceedingly high speed altitude transitions and communications inside a cockpit.

AHPSM focusses on wearable adaptive monitoring coupled to wireless cockpit communications which will be designed to be used in the aviation environment. AHPSM will leverage the current HAMS design to pull capability into a tailored solution by accounting for dynamically changing physiological status in high speed tactical aviation.

Therefore, a two-part or phase, participative AHPSM design process, will be conducted with numerous sequential deliverables for evaluations to tailor the final product to the desires and mission needs of the users. An initial small base AHPSM program based on meeting program milestones successfully and user acceptance milestones is proposed.

Part 1 of the program is a short initialization effort consisting of initial documentation/design description with two separate rounds of product deliverables. The purpose is to leverage the technology of HAMS into an Aviation Variant as it is currently being designed and developed with the intention of a new prototype applicable to an aviation worn device(s). The addition of dedicated HAMS design to the aviation application runs concurrently with the HAMS current efforts but in no way duplicates efforts. The plan is five (5) months of work and added deliverables which encompasses the addition of Government Furnished Equipment (GFE) of Aviation PPE at no cost to the Contractor. The scope of this effort is to address the aviation specific limitations of AHPSM in a proof of concept effort and consider cockpit integration and communication, and Personnel Protective Equipment (PPE) integration.

3.0 Objective

The objective of this work is the development and delivery of two (2) early AHPSM prototypes.

4.0 Scope

The contractor shall provide the engineering services required to execute the following Tasks:

4.1 AHPSM Prototype Development (one system)

4.2 Design Documentation

4.3 AHPSM Refined Prototype Development (one system)

5.0 Tasks

5.1 AHPSM Iteration 1 (2 months ARO): The AHPSM will include: an array of four to six (4-6) custom miniature SpO2 sensors (a spread array of two to four on the armband proximal to the deltoid and above the bicep and triceps, and the ability to add one each on the finger and ear, pulse detector, BISC-based pulse character analysis, pulse differential, heart rate, heart rate complexity, altitude, skin temperature and humidity, respiration rate, carbon monoxide measurement, position of user and acceleration (three axes), and pulse wave transit time as an indicator of changing blood pressure. AHPSM incorporates unique algorithms that will include a novel casualty decompensation predictor, state assessments via modified Murphy Factor® for unconsciousness, hypoxia and deficits in cognition. The initial development of the product will use wired systems which tether the finger and ear pulse ox/ pulse detectors to the arm unit (which has a series of pulse ox sensors) to focus on data fusion and data processing. This is an early level mockup of the system for performance determinations.

5.2Design Documentation (2 months ARO): Contractor shall deliver User Guide, Design Requirements Specification (DRS), Functional Requirements Specifications (FRS), Software Requirements Specifications (SRS) and Software Design Document (SDD).
5.3AHPSM Iteration 2 (4 months ARO): The development is proposed with two prototype iterations based on HAMS in each part (#1 – “Prototype” and #2 – “Refined Prototype”), increasingly each iteration/design will be more tailored to final development.

6.0 Period of Performance

The proposed work will be executed over a 5 month time period.

7.0 Deliverables

The Contractor shall provide two (2) prototypes in accordance with Tasks 5.1 and 5.3 and design documentation in accordance with Task 5.2.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN
INSPECT AT
INSPECT BY
ACCEPT AT
ACCEPT BY
0001
Destination
Government
Destination
Government
0002
Destination
Government
Destination
Government
0003
Destination
Government
Destination
Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
DODAAC
0001
15-JUL-2016
1
N/A
0002
15-JUL-2016
1
N/A
0003
15-JUL-2016
1
N/A

CLAUSES INCORPORATED BY REFERENCE

52.247-34
F.O.B. Destination
NOV 1991

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

252.232-7003ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUN 2012)
(a) Definitions. As used in this clause--
(1) Contract financing payment and invoice payment have the meanings given in section 32.001 of the Federal Acquisition Regulation.
(2) Electronic form means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.
(3) Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.
(4) Receiving report means the data required by the clause at 252.246-7000, Material Inspection and Receiving Report.
(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/ .
(c) The Contractor may submit a payment request and receiving report using other than WAWF only when--
(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer's determination with each request for payment;
(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System);
(3) DoD makes payment for rendered health care services using TRICARE Encounter Data System (TEDS) as the electronic format; or
(4) When the Governmentwide commercial purchase card is used as the method of payment, only submission of the receiving report in electronic form is required.
(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract.
(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payments requests.
252.232-7006WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. as used in this clause--
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall--
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
_______________________COMBO______________________________________________
(Contracting Officer: Insert applicable document type(s). Note: If a "Combo" document type is identified but not supportable by the Contractor's business systems, an "Invoice" (stand-alone) and "Receiving Report" (stand-alone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
________________________SEE SECTION E_____________________________________
(Contracting Officer: Insert inspection and acceptance locations or "Not applicable.")
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWFData to be entered in WAWF
Pay Official DoDAAC:_______N64142 ___________
Issue By DoDAAC:_______N00421 ___________
Admin DoDAAC:_______N00421 ___________
Inspect By DoDAAC:_______N00421 ___________
Ship To Code:_______N00421 ___________
Ship From Code:________N/A______________
Mark For Code:________ N/A _____________
Service Approver (DoDAAC):________ N/A _____________
Service Acceptor (DoDAAC):________ N/A _____________
Accept at Other DoDAAC:_______ N/A _____________
LPO DoDAAC:_______ N/A _____________
DCAA Auditor DoDAAC:_______ N/A ______________
(*Contracting Officer: Insert applicable DoDAAC information or "See schedule" if multiple ship to/acceptance locations apply, or "Not applicable.")
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the email address identified below in the "Send Additional Email Notifications" field of WAWF once a document is submitted in the system.

__________________ @NAVY.MIL______________________________________

(Contracting Officer: Insert applicable email addresses or "Not applicable.")

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact. For Navy WAWF questions call DFAS Customer Care 1-800-756-4571 option 6
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

252.203-7002
Requirement to Inform Employees of Whistleblower Rights
SEP 2013
252.204-7004 Alt A
System for Award Management Alternate A
FEB 2014

CLAUSES INCORPORATED BY FULL TEXT

52.204-13SYSTEM FOR AWARD MANAGEMENT MAINTENANCE(JUL 2013)
(a) Definitions. As used in this clause--
“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal Contractors.
“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.
“Registered in the System for Award Management database” means that--
(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14(, into the SAM database;
(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process: and
(4) The Government has marked the record “Active”.
“System for Award Management (SAM)” means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes--
(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;
(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and
(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.
(b)The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.
(c)(1)(i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to--
(A) Change the name in the SAM database;
(B) Comply with the requirements of subpart 42.12 of the FAR; and
(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the ``Suspension of Payment'' paragraph of the electronic funds transfer (EFT) clause of this contract.
(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “ Suspension of Payment ” paragraph of the EFT clause of this contract.
(3) The Contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet throughout the life of the contract. The Contractor shall communicate any change to the DUNS number to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the DUNS number does not necessarily require a novation be accomplished. Dun & Bradstreet may be contacted--
(i) Via the Internet at http://fedgov.dnb.com/webform or if the Contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or
(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.
(d) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.acquisition.gov .
52.212-5CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (AUG 2013)
(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) 52.222-50, 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)).

(2) 52.233-3, Protest after Award (Aug 1996)(31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Pub.L. 108-77, 108-78).
(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 shall check as appropriate.]

[___] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402).
[___] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
[___] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010)(Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[___] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Aug 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).
[___] (5) 52.204-11, American Recovery and Reinvestment Act - Reporting Requirements (Mar 2009)(Pub. L. 111-5)
[___] (6 ) 52.209-6, Protecting the Government’ Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).
[___] (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012)(41 U.S.C. 2313).
[___] (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012)(section 738 of Division C of Public Law 112-74, section 740 of Division C of Public Law 111-117, section 743 of Division D of Public Law 111-8, and section 745 of Division D of Pub.L. 110-161).
[___] (9) 52.219-3, Notice of Total HUBZone Set-Aside (Nov 2011)(15 U.S.C. 657a).
[___] (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
[___] (11) Reserved
[___] (12)(i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).
[_X_] (ii) Alternate I (Nov 2011) of 52.219-6.
[___] (iii) Alternate II (Nov 2011) of 52.219-6.
[___] (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Jun 2003)(15 U.S.C. 644).
[___] (ii) Alternate I (Oct 1995) of 52.219-7.
[___] (iii) Alternate II (Mar 2004) of 52.219-7.
[___] (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).
[___] (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (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 (Jul 2010) of 52.219-9.
[___] (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).)
[___] (17) 52.219-14, Limitations on Subcontracting (Nov 2011)(15 U.S.C. 637(a)(14)).
[___] (18) 52.219-16, Liquidated Damages - Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
[___] (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).
[___] (ii) Alternate I (Jun 2003) of 52.219-23.
[___] (20) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
[___] (21) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
[___] (22) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011)(15 U.S.C. 657f).
[___] (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)).
[___] (24) 52.219-29, Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012).
[___] (25) 52.219-30, Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012).
[_X_] (26) 52.222-3, Convict Labor (Jun 2003)(E.O. 11755).
[_X_] (27) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).
[_X_] (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
[_X_] (29) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).
[_X_] (30) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2010)(38 U.S.C. 4212).
[_X_] (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010)(29 U.S.C. 793).
[_X_] (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).
[___] (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
[___] (34) 52.222-54, Employment Eligibility Verification (Jul 2012). (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.)
[___] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (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.)
[___] (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b)
[___] (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).
[___] (ii) Alternate I (Dec 2007) of 52.223-16.
[_X_] (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011)
[_X_] (39) 52.225-1, Buy American Act--Supplies (Feb 2009)(41 U.S.C. 10a-10d).
[___] (40)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (Nov 2012) (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 (Mar 2012) of 52.225-3.
[___] (iii) Alternate II (Mar 2012) of 52.225-3.
[___] (iii) Alternate III (Nov 2012) of 52.225-3.
[___] (41) 52.225-5, Trade Agreements (Nov 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[_X_] (42) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[___] (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
[___] (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
[___] (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)(41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
[___] (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
[_X_] (47) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003)(31 U.S.C. 3332).
[___] (48) 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration (May 1999)(31 U.S.C. 3332).
[___] (49) 52.232-36, Payment by Third Party (Feb 2010)(31 U.S.C. 3332).
[___] (50) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).
[___] (51)(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 Act of 1965, (Nov 2007)(41 U.S.C. 351, et seq.).
[___] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
[___] (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009)(29 U.S.C.206 and 41 U.S.C. 351, et seq.).
[___] (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
[___] (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Mar 2009)(41 U.S.C. 351, et seq.).
[___] (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.).
[___] (7) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495).
[___] (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).
[___] (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008)(31 U.S.C. 5112(p)(1)).
(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 paragraph (e)(1) of this paragraph 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) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010)(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 ($1,500,000 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 (Jan 2013)(E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(iv) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).
(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2010)(38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010)(29 U.S.C. 793).
(vii) 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.
(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.)
(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50.
Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.)
(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009)(41 U.S.C. 351, et seq.).
(xii) 52.222-54, Employment Eligibility Verification (Jul 2012).
(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xiv ) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
52.213-4TERMS AND CONDITIONS -- SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS)(JAN 2016)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:
(1) The clauses listed below implement provisions of law or Executive order:
(i) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).
(ii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) (E.O. 11246).
(iii) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
(iv) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
(v) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(vi) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Las 108-77, 108-78 (19 U.S.C.3805 note)).
(2) Listed below are additional clauses that apply:
(i) 52.232-1, Payments (Apr 1984).
(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).
(iii) 52.232-11, Extras (Apr 1984).
(iv) 52.232-25, Prompt Payment (Jul 2013).
(v) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013).
(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)
(vii) 52.233-1, Disputes (May 2014).
(viii) 52.244-6, Subcontracts for Commercial Items (Oct 2015).
(ix) 52.253-1, Computer Generated Forms (Jan 1991).
(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:
(1) The clauses listed below implement provisions of law or Executive order:
(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015)(Pub.L. 109-282)(31 U.S.C. 6101 note)(Applies to contracts valued at $30,000 or more).
(ii) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2016)(E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold.)
(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (May 2014)(41 U.S.C. chapter 65)(Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).
(iv) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212) (Applies to contracts of $150,000 or more).
(v) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793) (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States.)(For purposes of this clause, "United States" includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.).
(vi) 52.222-37, Employment Reports on Veterans (Oct 2015)(38 U.S.C. 4212)(Applies to contracts of $150,000 or more).
(vii) 52.222-41, Service Contract Labor Standards (May 2014)(41 U.S.C. chapter 67)(Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).
(viii)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015)(22 U.S.C. chapter 78 and E.O. 13627)(Applies to all solicitations and contracts).
(B) Alternate I (Mar 2015)(Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies.
(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(E.O. 13658)(Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).
(x) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011)(E.O. 13423) (Applies to services performed on Federal facilities).
(xi) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007)(42 U.S.C. 8259b)(Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP) will be--
(A) Delivered;
(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;
(C) Furnished by the Contractor for use by the Government; or
(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.
(xii) 52.225-1, Buy American--Supplies (May 2014)(41 U.S.C. chapter 83)(Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition--
(A) Is set aside for small business concerns; or
(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000.
(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014)(42 U.S.C. 1792)(Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States.)
(xiv) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013). (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) database as its source of EFT information.).
(xv) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013). (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information.).
(xvi) 52.247-67, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)(46 U.S.C. App. 1241)(Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).))
(2) Listed below are additional clauses that may apply:
(i) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015)(Applies to contracts over $35,000).
(ii) 52.211-17, Delivery of Excess Quantities (Sep 1989)(Applies to fixed-price supplies).
(iii) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin).
(iv) 52.247-34, F.o.b. Destination (Nov 1991) (Applies to supplies if delivery is f.o.b. destination).
(c) FAR 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): http://farsite.hill.af.mil.
(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights --
(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

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