N6264520R0047.docx

N6264520R0047

Section SF 1449 - CONTINUATION SHEET

PERFORMANCE WORK STATEMENT

Proposals are NOT being accepted in response to this document. This document is linked to Notice of Intent (NOI) posting #N6264520RC6C503. The Naval Medical Logistics Command (NMLC) intends to award a Firm Fixed Price (FFP) contract to is Becton, Dickinson and Company (Becton Dickinson), 7 Loveton Circle Sparks, MD 21152.

1. General. The United States Naval Ship (USNS) MERCY (T-AH 19) and the USNS COMFORT (T-AH 20) both have a requirement for Preventative Maintenance (PM) and Corrective Maintenance (CM) services for the following equipment:

2. Scope. The Contractor shall provide for all inclusive labor and supervision, necessary to perform all maintenance actions covered under this contract unless otherwise specified for all equipment identified in section 1.General.

2.1. Under no circumstances shall the Contractor assume a verbal or written inquiry as authorization to provide services not specifically covered by the terms of the contract.

2.2. This Firm Fixed Price (FFP) contract shall include regularly scheduled preventative maintenance, inspections, calibrations, and corrective maintenance tasks during Reduced Operating Status (ROS) and Activation Status. The aggregate requirement and level of effort will remain constant over the life of the contract.

3. Service Vendor Personnel Qualification.

3.1. Contractor personnel utilized by the Contractor for the performance of this contract shall be fully capable of performing in an efficient, reliable, and professional manner.

3.2. Contractor personnel must be fluent and easily understandable in English.

3.3. All work shall be performed by service personnel with Original Equipment Manufacturer (OEM) service training on the products for which they will perform service.

3.4. Upon request, contractor shall provide training certificates (or notarized copies) of OEM training on the equipment listed on section 1. General to the USNS MERCY (T-AH 19) and/or the USNS COMFORT (T-AH 20) Biomedical Repair Division for verification.

3.5. All maintenance service provided by the vendor must meet OEM certification standards to include conducting PM prior to putting the equipment in long term storage during suspended state and ROS.

4. DEFINITIONS. As used throughout this performance work statement, the following terms shall have the meaning set forth below:

4.1. Contracting Officer (KO). A warranted representative of the United States Federal Government who has the express authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The KO is the only person authorized to approve changes to any terms, conditions, or requirements of the contract.

4.2. Preventive Maintenance (PM) – Those actions intended to prevent or discover functional failures. PM includes actions taken to prevent equipment from failing, such as changing the oil, cleaning filters, calibrating, etc. These actions are regularly scheduled and are typically conducted while the ship is in Reduced Operating Status (ROS). Scheduling and accomplishment of PM will be in accordance with ECRI Institute standard device code and nomenclature (www.ecri.org) in addition to manufacturer recommendations. In the event of a contradiction, the specified manufacturer recommendation(s) will prevail. While overseas, vendors are not required to perform preventative maintenance.

4.3. Corrective Maintenance – Those actions taken to fix equipment that has failed or is not working to desired performance standards and is expected to be completed within 3-5 business days. While overseas, vendors are not required to perform corrective maintenance.

4.4. Reduced Operating Status (ROS) – The period in which the ship sits in a reduced manning state in anticipation of activation at which time the ship transitions to Full Operating Status (FOS) or activation status.

4.5. Full Operating Status (FOS) – The period in which the ship is full manned to provide support to a contingency operation in a specific region of the world as designated by higher command of the United States Federal Government.

4.6. Activation Status – The transition period from ROS to FOS. Typically 3-5 days prior to ship departing for a contingent mission.

4.7. Activation – The moment in which the ship is notified of an emergent situation someplace in the world in which she has to respond in order to provide medical support.

4.8. Suspended State – Condition in which equipment is configured such that the minimum functionality is maintained in order to keep the equipment operable.

4.9. Fully Functional Capability – A state of readiness in which equipment can be used at its greatest capacity, or optimal performance level.

4.10. Deactivation Process – The process in which the equipment items are taken from ready/operational status to a state of readiness whereby the unit is on lay-up/standby status.

4.11. Deactivation – The period when the ship has completed its mission and begins to transition from a FOS to a ROS.

4.12. Emergency Repair – Repairs made within 72 hours such as while the ship is in an activated status and the repair has to be completed prior to the ship leaving port. Additionally, repairs made while the ship is in FOS.

4.13. Software Updates – Software provided by the Manufacturer, which constitutes an improvement to the existing software and which may include minor changes to the operating system or change the means of creating existing clinical indications.

4.14. Software Upgrades – Replacement of software, or firmware with a newer or better version, in order to bring the system up to date or to improve its characteristics, provide new capabilities, improve performance, or bring systems into compliance with requirements. Upgrades are often new software versions.

5. SPECIFIC PERFORMANCE REQUIREMENTS:

The Contractor shall provide periodic equipment maintenance services to include conducting PM and corrective maintenance prior to putting the equipment in long-term storage while the ship resides in port.

5.1. PM. Provide scheduled annual PM for the equipment identified in section 1. General. PM visits shall include complete inspection, calibration, testing, and scheduled parts replacements for the equipment in section 1. General in accordance with OEM recommended maintenance standards. PM also includes an allowance for one-time activation service, if needed, to return the BACTEC FX unit(s) to fully functional capability and certified for clinical use. To ensure that the unit will be with in the US Navy’s PM requirement during the deployment, a full PM shall be completed if the activation does not happen within a month of the PM due date.

5.1.1. Immediately upon contract award, the Contractor shall provide the USNS MERCY (T-AH 19) and the USNS COMFORT (T-AH 20) Biomedical Repair Division with an emergency telephone number.

5.1.2. Furnish manufacturer OEM approved lubricants and lubricate wear points within the equipment.

5.1.3 The contractor shall notify the USNS MERCY (T-AH 19) and the USNS COMFORT (T-AH 20) Biomedical Repair Division(s) immediately upon receipt of OEM equipment safety recalls notices.

5.1.4. PM Sticker. Contractor must provide and affix a color-coded, heavy duty, self-adhesive PM sticker to each piece of equipment rendered PM upon completion. The use of the PM sticker is to inform the user that the medical equipment had its most recent PM. The PM sticker must include the following elements:

· Name or initials of Technician performing PM.

· Primary Contractor’s Company Name.

· Date

5.2. Corrective Maintenance. Provide unscheduled repair services for the equipment identified in section 1. General. Visits shall include troubleshooting, problem correction, complete inspection, calibration, testing, and part replacement (as needed) in accordance with OEM recommended maintenance standards.

5.2.1. Extend to the Government all commercial warranties on replacement parts, consistent with standard industry inventory.

5.2.2. Ensure that original design and functional capabilities will not be changed, modified, or altered unless the USNS MERCY (T-AH 19) or the USNS COMFORT (T-AH 20) Biomedical Repair Division(s) authorizes such changes in writing. If this involves a contractual change to the contract only the KO has the ability to authorize this change.

5.3. Service Maintenance Support during ships deployment. In order to maintain full diagnostic capability while the ship is away from its home port during deployment, the USNS MERCY (T-AH 19) and USNS COMFORT (T-AH 20) BMET’s shall have access to contractor technical assistance via telephone and email correspondence in the event that there is an equipment failure. The respective BMET’s shall not perform any repairs on the equipment without manufacturers consent. With the manufacturers repair recommendation and technical assistance, all required parts for repair shall be shipped as soon as possible, at no cost to the government.

5.4 Response Time.

5.4.1 PM/CM. The contractor shall respond telephonically or electronically to all telephonic or electronic service calls within four (4) normal business hours of notification of a problem. The contractor shall provide on-site service and shall complete all corrective measures within five (5) business days of initial notification.

5.4.2 Activation. The contractor shall respond in person no later than 48 actual hours after notification of activation.

6. GENERAL CONTRACT REQUIREMENTS

6.1. Modification. Equipment improvements/modifications shall not be made without prior approval of the KO.

6.2. Work Location. Location of work for normal repair and preventative maintenance is San Diego, California for the USNS MERCY (T-AH 19) and Norfolk, VA for the USNS COMFORT (T-AH 20).

6.3. Related Expenses. Contractor shall be responsible for its service related trip expenses including round trip travel, mileage, and overnight living expenses.

6.4. Contractor shall not assume possession or control of any part of the equipment. The Government retains ownership to title thereof.

6.5. The Contractor may use ships utilities, (e.g., electrical power, compressed air, and water) that are available and required for any service performed under this contract. The Military Sealift Command (MSC) Engineer(s) for the USNS MERCY (T-AH 19) and the USNS COMFORT (T-AH 20), respectively must approve contractor electrical equipment, to ensure compatibility with the ships electrical wiring and equipment. The ship’s BMETs will coordinate with MSC Engineers in the physical inspection, and calibration compliance of the electrical test equipment.

6.6. Contractor shall be provided reasonable access to all equipment that is to be serviced and utility outlets required to do the service.

6.7. The Biomedical Repair will not perform maintenance or attempt repairs to equipment while such equipment is under the purview of this contract unless agreed to in writing by the contractor during deployments.

6.8. Hours of Work. All work shall be completed between the normal business hours of 0630-1530, Pacific Standard Time for the USNS MERCY (T-AH 19) and 0630-1530 Eastern Standard Time for the USNS COMFORT (T-AH 20).

6.9. Parts and Supplies. Parts and Supplies provided under this contract shall be new original equipment manufactured replacement parts. All compensation for parts and materials is included in contract price.

6.10. Software. During the term and any renewal periods, the contractor shall provide the Government with software updates and/or upgrades as they become available. Prior to software updates/upgrades, the company shall notify Biomedical Repair, Contracting, and the Information Management Department of the proposed update version number and software name via mail or email correspondence.

6.11. Service Event Documentation. Upon completion of each PM or repair visit field service personnel must submit a signed service report to the ship’s Medical Repair Division at the conclusion of each service visit. The service report shall indicate all problems addressed, devices checked, parts replaced/repaired, parts ordered, and problem resolution or pending action. Each service report must at a minimum document the following data legibly and in complete detail:

· Name of Contractor

· Name of Field Service Technician performing service

· Contractor log/control number

· Date, time (beginning and ending), and hours on-site for service call

· Description of problem reported by user

· Equipment identification factors to include: Manufacturer, make, model, serial number and the respective ship’s Equipment Control Number (ECN)

· Itemized description of service performed to include: Labor and travel costs, parts used, and problem/corrective action taken or recommended

· Problem resolution or pending action

· Total billing cost

· Signatures:

· Field Service Technician performing services

· Ship’s BMET verifying service rendered

6.12. Recalls and Updates. The Contractor shall provide and install mandatory updates within three (3) business days upon OEM or FDA recall or alert notification. The Contractor shall provide documentation of such installation and mandatory updates. If overseas, all recall and updates information shall be provided to medical repair within 72 hours via email.

6.13. Contract Modifications. Only the KO has the authority to make changes to the contract or obligate the government, and then only in writing. No modification or instruction from any party shall be construed to authorize the Contractor to take any action for which they expect compensation without written authorization from the KO.

6.14. Security. The Contractor shall ensure that employees and subcontractors obtain the required pass and identification items as applicable for contractor’s personnel and privately owned vehicles. The Government agrees to provide the contractor and its employees and subcontractors with applicable ID badges, permitting access to the area of operation and to other parts of the MTF onboard the USNS MERCY (T-AH 19), the USNS COMFORT (T-AH 20) or base as may be required for the performance of services described herein. The Government reserves the right, without provision of notice of reason, to revoke passes and ID badges issued to any employee of the Contractor at any time. Furthermore, issuance of such passes and ID badges is subject to the Contractor and subcontractor employees meeting all security requirements of the Government.

QUALITY ASSURANCE SURVEILLANCE PLAN

1. Submit service reports for maintenance.

1. Contractor must complete preventive maintenance per OEM specifications for all equipment covered under this contract.

1. Systems must be fully operational; system defects must be identified for timely repair; OEM preventive maintenance, inspection, and calibration standards must be observed.

1. A completed service report must be submitted to the Chief BMET or Alternate BMET that includes all equipment serviced.

1. Contractor must complete 100% of preventive maintenance as defined by OEM specifications/ standards of all equipment covered under this contract.

1. Accurate service reports are delivered to a Laboratory Tech prior to departing the laboratory 100% of the time.

1. Accurate service reports are delivered to the Chief BMET by the 10th of the month for the previous month.

1. Zero outdated preventive maintenance findings during Quality Assurance Inspections.

1. Remedy must be completed within five (5) business days of notification by the Chief BMET or Alternate BMET.

1. If performance is below the performance standard, the Government may require a meeting with the contractor at no additional cost to the Government and may require the contractor to submit a corrective action plan at no additional cost to the Government to ensure their future performance meets or exceeds the performance standard.

1. Systems must be fully operational; repairs must be in accordance with OEM specifications; new OEM recommended parts shall be used to repair equipment, refurbished parts shall not be authorized for use in effecting repairs.

1. A completed, technician signed service report must be submitted to the Laboratory Tech for all equipment serviced.

1. A completed service report must be submitted to the Chief BMET or Alternate BMET for all equipment serviced.

1. Contractor must complete all corrective measures within 5 business days

1. Contractor must complete equipment recall upgrades and corrective measures upon OEM, FDA, or Chief BMET or Alternate BMET notification.

1. Contractor shall use 100% new parts to restore equipment in accordance with OEM specifications.

1. Accurate service reports are delivered to the Laboratory Tech prior to the technician departing the laboratory 100% of the time.

1. Accurate service reports are delivered to the Chief BMET by the 10th of the month for the previous month.

1. Remedy must be completed within five (5) business days of notification by the Chief BMET or Alternate BMET.

1. If performance is below the performance standard, the Government may require a meeting with the contractor at no additional cost to the Government and may require the contractor to submit a corrective action plan at no additional cost to the Government to ensure their future performance meets or exceeds the performance standard.

1. Provide access to a technical support customer service center.

1. Respond to technical service support and corrective maintenance inquiries through Internet-based on-line or phone technical service support center, or on-site routine/ repair service visit during the normal business hours.

1. The Contractor Field Service Technician shall confirm the requested service call to the Medical Equipment Repair Technician within four (4) normal business hours of service request notification to the Contractor’s Internet-based on-line or phone technical service support center.

1. If the equipment cannot be restored via phone technical support services, the technician shall arrive on-site and complete the service requested with the response time specified in the PWS.

1. Contractor must prioritize corrective maintenance requests and be compliant 100% of the time for both routine telephone and on-site response time as specified in the PWS.

1. Contractor must complete repair service within the response time specified in the PWS.

1. Remedy must be completed within five (5) business days of notification by the Chief BMET or Alternate BMET.

1. If performance is below the performance standard, the Government may require a meeting with the contractor at no additional cost to the Government and may require the contractor to submit a corrective action plan at no additional cost to the Government to ensure their future performance meets or exceeds the performance standard.

Contractor must be able to complete activation requirements with four (4) business days of initial call for Ships activation.

1. Review service reports.

1. BMET and laboratory technician’s work validation and performance of activation.

1. When activation requirement is not met, the contractor must remedy the deficiency by performing the service at no additional cost to the government.

1. Remedy must be completed at the next port of call scheduled.

1. If performance is below the performance standard, the Government may require a meeting with the contractor at no additional cost to the Government and may require the contractor to submit a corrective action plan at no additional cost to the Government to ensure their future performance meets or exceeds the performance standard.

Base Year - USNS COMFORT (T-AH 20)

FFP

Corrective Maintenance (CM) & Preventative Maintenance (PM) services for one (1) BD BACTEC FX unit blood culturing instrument (S/N FT1406) onboard the USNS COMFORT (T-AH 20).

FOB: Destination

PSC CD: J065

NET AMT

Base Year - USNS MERCY (T-AH 19)

FFP

Corrective Maintenance (CM) & Preventative Maintenance (PM) services for one (1) BD BACTEC FX unit blood culturing instrument (S/N FT2097) onboard the USNS MERCY (T-AH 19).

NET AMT

FFP

Corrective Maintenance (CM) & Preventative Maintenance (PM) services for one (1) BD BACTEC FX unit blood culturing instrument (S/N FT1406) onboard the USNS COMFORT (T-AH 20).

NET AMT

FFP

Corrective Maintenance (CM) & Preventative Maintenance (PM) services for one (1) BD BACTEC FX unit blood culturing instrument (S/N FT2097) onboard the USNS MERCY (T-AH 19).

NET AMT

FFP

Corrective Maintenance (CM) & Preventative Maintenance (PM) services for one (1) BD BACTEC FX unit blood culturing instrument (S/N FT1406) onboard the USNS COMFORT (T-AH 20).

NET AMT

FFP

Corrective Maintenance (CM) & Preventative Maintenance (PM) services for one (1) BD BACTEC FX unit blood culturing instrument (S/N FT2097) onboard the USNS MERCY (T-AH 19).

NET AMT

FFP

Corrective Maintenance (CM) & Preventative Maintenance (PM) services for one (1) BD BACTEC FX unit blood culturing instrument (S/N FT1406) onboard the USNS COMFORT (T-AH 20).

NET AMT

FFP

Corrective Maintenance (CM) & Preventative Maintenance (PM) services for one (1) BD BACTEC FX unit blood culturing instrument (S/N FT2097) onboard the USNS MERCY (T-AH 19).

NET AMT

FFP

Corrective Maintenance (CM) & Preventative Maintenance (PM) services for one (1) BD BACTEC FX unit blood culturing instrument (S/N FT1406) onboard the USNS COMFORT (T-AH 20).

NET AMT

FFP

Corrective Maintenance (CM) & Preventative Maintenance (PM) services for one (1) BD BACTEC FX unit blood culturing instrument (S/N FT2097) onboard the USNS MERCY (T-AH 19).

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

09-MAY-2021

1968 GILBERT STREET

BLDG W-143, DWY 10

NORFOLK VA 23512

V46246

09-MAY-2021

USNS MERCY (T-AH 19)

3851 CUMMINGS ROAD

BLDG 3581

SAN DIEGO CA 92136

619-744-4591 EXT: 5384

R46245

09-MAY-2022

1968 GILBERT STREET

BLDG W-143, DWY 10

NORFOLK VA 23512

V46246

09-MAY-2022

USNS MERCY (T-AH 19)

3851 CUMMINGS ROAD

BLDG 3581

SAN DIEGO CA 92136

619-744-4591 EXT: 5384

R46245

09-MAY-2023

1968 GILBERT STREET

BLDG W-143, DWY 10

NORFOLK VA 23512

V46246

09-MAY-2023

USNS MERCY (T-AH 19)

3851 CUMMINGS ROAD

BLDG 3581

SAN DIEGO CA 92136

619-744-4591 EXT: 5384

R46245

09-MAY-2024

1968 GILBERT STREET

BLDG W-143, DWY 10

NORFOLK VA 23512

V46246

09-MAY-2024

USNS MERCY (T-AH 19)

3851 CUMMINGS ROAD

BLDG 3581

SAN DIEGO CA 92136

619-744-4591 EXT: 5384

R46245

09-MAY-2025

LT RUBY QI

1968 GILBERT STREET

BLDG W-143, DWY 10

NORFOLK VA 23512

757-445-6125

V46246

09-MAY-2025

USNS MERCY (T-AH 19)

3851 CUMMINGS ROAD

BLDG 3581

SAN DIEGO CA 92136

619-744-4591 EXT: 5384

R46245

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAR 2020)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

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

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

___ (5) [Reserved]

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

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

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

____ (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]

____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-7.

____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (MAR 2020) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (NOV 2016) of 52.219-9.

____ (iii) Alternate II (NOV 2016) of 52.219-9.

____ (iv) Alternate III (MAR 2020) of 52.219-9.

____ (v) Alternate IV (AUG 2018) of 52.219-9.

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

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

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

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2020) (15 U.S.C. 632(a)(2)).

____ (ii) Alternate I (MAR 2020) of 52.219-28.

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).

____ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

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

____ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

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

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

_X_ (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

____ (ii) Alternate I (FEB 1999) of 52.222-26.

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

____ (ii) Alternate I (JUL 2014) of 52.222-35.

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

____ (ii) Alternate I (JUL 2014) of 52.222-36.

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

____ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

____ (35)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

____ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (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 2015) of 52.223-13.

____ (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-14.

____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

____ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-16.

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

____ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

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

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (48) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 83).

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (MAY 2014) of 52.225-3.

____ (iii) Alternate II (MAY 2014) of 52.225-3.

____ (iv) Alternate III (MAY 2014) of 52.225-3.

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

____ (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

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

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

____ (56) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

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

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

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

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

____ (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

____ (ii) Alternate I (APR 2003) of 52.247-64.

____ (iii) Alternate II (FEB 2006) of 52.247-64.

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

_____ (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

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

_____ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

_X_ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____(8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).

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

_____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

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

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

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

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

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

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

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

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

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

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

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

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

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xiv) _____ (A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

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

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

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

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

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

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(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.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (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.sam.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 shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

N/A

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Invoice 2-in-1 Services Only

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(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*

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(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.

usn.detrick.navmedlogcomftdmd.list.nmlc-wawf@mail.mil

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is…