NCAT W81K04-22-R-0005 Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

W81K0422R0005 16-Feb-2022

b. TELEPHONE NUMBER

210-221-2821

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 18 Mar 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W81K049. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

TRACY A. BLAKE

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

W40M USA HLTH CONTRACTING ACT

CTR FOR HEALTH CARE CONTR

2199 STORAGE ST BLDG 4197 STE 68

JBSA FT SAM HOUSTON TX 78234-5074

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W81G43 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

OFFICE OF THE SURGEON GENERAL

W3J1 USA JOINT HLTH SVC AGCY

7700 ARLINGTON BOULEVARD

FALLS CHURCH VA 22042

TEL: 210-221-7928 FAX:

FAX:

TEL: (210) 221-5609 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

X 8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$16,500,000

NAICS:

541611

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF144

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W81K0422R0005

Section SF 1449 - CONTINUATION SHEET

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Attachment 1 - Quality

Assurance Surveillance Plan

Attachment 10 Attachment 10 - Government Furnished Property

Attachment 11 Exhibit A - Performance Requirements Summary

Attachment 12 Exhibit B - Reports and Deliverables

Attachment 13 Exhibit C - Army Sites Attachment 14 Exhibit D - Navy and

Marine Corps Sites

Attachment 15 Exhibit E - Air Force Sites

Attachment 16 Exhibit F - Service Contract Labor Standards

Attachment 17 Exhibit G - Incidental Property Services Listing

Attachment 18 Exhibit H - Site Addresses and Points of Contact

Attachment 2 Attachment 2 - Historical FTEs by Location

Attachment 3 Attachment 3 - Questions and Answer Template

Attachment 4 Attachment 4 - Cross Reference Matrix

Attachment 5 Attachment 5 - Subcoontractor Teaming Partner Consent Letter

Attachment 6 Attachment 6 - Subcontractor Teaming Partner Table

Attachment 7 Attachment 7 - Customer Reference Information

Attachment 8 Attachment 8 - Performance Assessment Questionnaire Cvr Ltr

Attachment 9 Attachment 9 - Performance Assessment Questionnaire

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months ANAM/NCAT Neurocognitive Testing Service

FFP

Automated Neuropsycholoical Assessment Metrics (ANAM)/Neurocognitive Assessment Tool (NCAT) Neurocognitive Testing Services. In accordance with the Performance Work Statement (PWS) dated 2/10/2022.

FOB: Destination

PSC CD: R699

NET AMT

0002 Job FY22 Travel/Shipping Cost

COST

Travel incidental to services being performed will be reimbursed IAW with Joint Travel Regulation (JTR), and will not exceed the maximum per diem rate (meals and lodging), and transportation costs, in effect at the time of travel.

Documentation to support actual costs incurred shall meet JTR standards. The Contractor shall bill any travel reimbursement costs against this line item, submit appropriate documentation, and shall not exceed the ceiling amount of this line item under any circumstances, without prior approval of the Contracting Officer IAW PWS paragraph 5.6, 5.6.6 and 5.6.7. Payment of shipping for mobile NCAT testing material and other related computers, support materials and supplies to and returning to same origin IAW paragraph 4.3.

Note: The “MAX AMOUNT” stated in this CLIN is for the purposes of the contract writing system ONLY and is not intended to represent actual United States Government (USG) requirements.

Note: Dates in the delivery information table will be changed upon contract award

ESTIMATED COST

0003 Job FY23 Travel/Shipping Cost

COST

Travel incidental to services being performed will be reimbursed IAW with Joint Travel Regulation (JTR), and will not exceed the maximum per diem rate (meals and lodging), and transportation costs, in effect at the time of travel.

Documentation to support actual costs incurred shall meet JTR standards. The Contractor shall bill any travel reimbursement costs against this line item, submit appropriate documentation, and shall not exceed the ceiling amount of this line item under any circumstances, without prior approval of the Contracting Officer IAW PWS paragraph 5.6, 5.6.6 and 5.6.7. Payment of shipping for mobile NCAT testing material and other related computers, support materials and supplies to and returning to same origin IAW paragraph 4.3.

Note: The “MAX AMOUNT” stated in this CLIN is for the purposes of the contract writing system ONLY and is not intended to represent actual United States Government (USG) requirements.

Note: Dates in the delivery information table will be changed upon contract award

1001 12 Months OPTION ANAM/NCAT Neurocognitive Testing Service

FFP

Automated Neuropsychological Assessment Metrics (ANAM)/ Neurocognitive Assessment Tool (NCAT) Neurocognitive Testing Services. In accordance with the Performance Work Statement (PWS) dated 2/10/22.

1002 Job OPTION FY23 Travel/Shipping Cost

COST

Travel incidental to services being performed will be reimbursed IAW with Joint Travel Regulation (JTR), and will not exceed the maximum per diem rate (meals and lodging), and transportation costs, in effect at the time of travel.

Documentation to support actual costs incurred shall meet JTR standards. The Contractor shall bill any travel reimbursement costs against this line item, submit appropriate documentation, and shall not exceed the ceiling amount of this line item under any circumstances, without prior approval of the Contracting Officer IAW PWS paragraph 5.6, 5.6.6 and 5.6.7. Payment of shipping for mobile NCAT testing material and other related computers, support materials and supplies to and returning to same origin IAW paragraph 4.3.

Note: The “MAX AMOUNT” stated in this CLIN is for the purposes of the contract writing system ONLY and is not intended to represent actual United States Government (USG) requirements.

Note: Dates in the delivery information table will be changed upon contract award

1003 Job OPTION FY24 Travel/Shipping Cost

COST

Travel incidental to services being performed will be reimbursed IAW with Joint Travel Regulation (JTR), and will not exceed the maximum per diem rate (meals and lodging), and transportation costs, in effect at the time of travel.

Documentation to support actual costs incurred shall meet JTR standards. The Contractor shall bill any travel reimbursement costs against this line item, submit appropriate documentation, and shall not exceed the ceiling amount of this line item under any circumstances, without prior approval of the Contracting Officer IAW PWS paragraph 5.6, 5.6.6 and 5.6.7. Payment of shipping for mobile NCAT testing material and other related computers, support materials and supplies to and returning to same origin IAW paragraph 4.3.

Note: The “MAX AMOUNT” stated in this CLIN is for the purposes of the contract writing system ONLY and is not intended to represent actual United States Government (USG) requirements.

Note: Dates in the delivery information table will be changed upon contract award

2001 12 Months OPTION ANAM/NCAT Neurocognitive Testing Service

FFP

Automated Neuropsychological Assessment Metrics (ANAM)/ Neurocognitive Assessment Tool (NCAT) Neurocognitive Testing Services. In accordance with the Performance Work Statement (PWS) dated 2/10/2022.

2002 Job OPTION FY24 Travel/Shipping Cost

COST

Travel incidental to services being performed will be reimbursed IAW with Joint Travel Regulation (JTR), and will not exceed the maximum per diem rate (meals and lodging), and transportation costs, in effect at the time of travel.

Documentation to support actual costs incurred shall meet JTR standards. The Contractor shall bill any travel reimbursement costs against this line item, submit appropriate documentation, and shall not exceed the ceiling amount of this line item under any circumstances, without prior approval of the Contracting Officer IAW PWS paragraph 5.6, 5.6.6 and 5.6.7. Payment of shipping for mobile NCAT testing material and other related computers, support materials and supplies to and returning to same origin IAW paragraph 4.3.

Note: The “MAX AMOUNT” stated in this CLIN is for the purposes of the contract writing system ONLY and is not intended to represent actual United States Government (USG) requirements.

Note: Dates in the delivery information table will be changed upon contract award

2003 Job OPTION FY25 Travel/Shipping Cost

COST

Travel incidental to services being performed will be reimbursed IAW with Joint Travel Regulation (JTR), and will not exceed the maximum per diem rate (meals and lodging), and transportation costs, in effect at the time of travel.

Documentation to support actual costs incurred shall meet JTR standards. The Contractor shall bill any travel reimbursement costs against this line item, submit appropriate documentation, and shall not exceed the ceiling amount of this line item under any circumstances, without prior approval of the Contracting Officer IAW PWS paragraph 5.6, 5.6.6 and 5.6.7. Payment of shipping for mobile NCAT testing material and other related computers, support materials and supplies to and returning to same origin IAW paragraph 4.3.

Note: The “MAX AMOUNT” stated in this CLIN is for the purposes of the contract writing system ONLY and is not intended to represent actual United States Government (USG) requirements.

Note: Dates in the delivery information table will be changed upon contract award

3001 12 Months OPTION ANAM/NCAT Neurocognitive Testing Service

FFP

Automated Neuropsychological Assessment Metrics (ANAM)/ Neurocognitive Assessment Tool (NCAT) Neurocognitive Testing Services. In accordance with the Performance Work Statement (PWS) dated 2/10/22.

3002 Job OPTION FY25 Travel/Shipping Cost

COST

Travel incidental to services being performed will be reimbursed IAW with Joint Travel Regulation (JTR), and will not exceed the maximum per diem rate (meals and lodging), and transportation costs, in effect at the time of travel.

Documentation to support actual costs incurred shall meet JTR standards. The Contractor shall bill any travel reimbursement costs against this line item, submit appropriate documentation, and shall not exceed the ceiling amount of this line item under any circumstances, without prior approval of the Contracting Officer IAW PWS paragraph 5.6, 5.6.6 and 5.6.7. Payment of shipping for mobile NCAT testing material and other related computers, support materials and supplies to and returning to same origin IAW paragraph 4.3.

Note: The “MAX AMOUNT” stated in this CLIN is for the purposes of the contract writing system ONLY and is not intended to represent actual United States Government (USG) requirements.

Note: Dates in the delivery information table will be changed upon contract award

3003 Job OPTION FY26 Travel/Shipping Cost

COST

Travel incidental to services being performed will be reimbursed IAW with Joint Travel Regulation (JTR), and will not exceed the maximum per diem rate (meals and lodging), and transportation costs, in effect at the time of travel.

Documentation to support actual costs incurred shall meet JTR standards. The Contractor shall bill any travel reimbursement costs against this line item, submit appropriate documentation, and shall not exceed the ceiling amount of this line item under any circumstances, without prior approval of the Contracting Officer IAW PWS paragraph 5.6, 5.6.6 and 5.6.7. Payment of shipping for mobile NCAT testing material and other related computers, support materials and supplies to and returning to same origin IAW paragraph 4.3.

Note: The “MAX AMOUNT” stated in this CLIN is for the purposes of the contract writing system ONLY and is not intended to represent actual United States Government (USG) requirements.

Note: Dates in the delivery information table will be changed upon contract award

4001 12 Months OPTION ANAM/NCAT Neurocognitive Testing Service

FFP

Automated Neuropsychological Assessment Metrics (ANAM)/ Neurocognitive Assessment Tool (NCAT) Neurocognitive Testing Services. In accordance with the Performance Work Statement (PWS) dated 2/10/22.

4002 Job OPTION FY26 Travel/Shipping Cost

COST

Travel incidental to services being performed will be reimbursed IAW with Joint Travel Regulation (JTR), and will not exceed the maximum per diem rate (meals and lodging), and transportation costs, in effect at the time of travel.

Documentation to support actual costs incurred shall meet JTR standards. The Contractor shall bill any travel reimbursement costs against this line item, submit appropriate documentation, and shall not exceed the ceiling amount of this line item under any circumstances, without prior approval of the Contracting Officer IAW PWS paragraph 5.6, 5.6.6 and 5.6.7. Payment of shipping for mobile NCAT testing material and other related computers, support materials and supplies to and returning to same origin IAW paragraph 4.3.

Note: The “MAX AMOUNT” stated in this CLIN is for the purposes of the contract writing system ONLY and is not intended to represent actual United States Government (USG) requirements.

Note: Dates in the delivery information table will be changed upon contract award

4003 Job OPTION FY27 Travel/Shipping Cost

COST

Travel incidental to services being performed will be reimbursed IAW with Joint Travel Regulation (JTR), and will not exceed the maximum per diem rate (meals and lodging), and transportation costs, in effect at the time of travel.

Documentation to support actual costs incurred shall meet JTR standards. The Contractor shall bill any travel reimbursement costs against this line item, submit appropriate documentation, and shall not exceed the ceiling amount of this line item under any circumstances, without prior approval of the Contracting Officer IAW PWS paragraph 5.6, 5.6.6 and 5.6.7. Payment of shipping for mobile NCAT testing material and other related computers, support materials and supplies to and returning to same origin IAW paragraph 4.3.

Note: The “MAX AMOUNT” stated in this CLIN is for the purposes of the contract writing system ONLY and is not intended to represent actual United States Government (USG) requirements.

Note: Dates in the delivery information table will be changed upon contract award

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 03-JUL-2022 TO

02-JUL-2023

N/A OFFICE OF THE SURGEON GENERAL

W3J1 USA JOINT HLTH SVC AGCY

7700 ARLINGTON BOULEVARD

FALLS CHURCH VA 22042

210-221-7928

W81G43

0002 POP 03-JUL-2022 TO

30-SEP-2022

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-OCT-2022 TO

02-JUL-2023

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 03-JUL-2023 TO

02-JUL-2024

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 03-JUL-2023 TO

30-SEP-2023

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-OCT-2023 TO

02-JUL-2024

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 03-JUL-2024 TO

02-JUL-2025

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 03-JUL-2024 TO

30-SEP-2024

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 01-OCT-2024 TO

02-JUL-2025

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 03-JUL-2025 TO

02-JUL-2026

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 03-JUL-2025 TO

30-SEP-2025

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 01-OCT-2025 TO

02-JUL-2026

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 03-JUL-2026 TO

02-JUL-2027

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 03-JUL-2026 TO

30-SEP-2026

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 01-OCT-2026 TO

02-JUL-2027

N/A (SAME AS PREVIOUS LOCATION)

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 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018

52.212-4 ADDENDUM

Paragraph 52.212-4(w) is hereby added:

(w) The non-FAR Part 12 discretionary FAR and DFARS clauses included herein are incorporated into this contract either by reference or in full text. If incorporated by reference, see clause 52.252-2 herein for locations where full text can be found.

(End of Addendum)

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2020

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

DEC 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-14 (Dev) Limitations on Subcontracting (DEVIATION 2021-O0008) SEP 2021 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-37 Employment Reports on Veterans JUN 2020 52.222-41 Service Contract Labor Standards AUG 2018 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

AUG 2018

CLAUSES INCORPORATED BY FULL TEXT

52.222-50 COMBATING TRAFFICKING IN PERSONS (OCT 2020)

(a) Definitions. As used in this clause--

Agent means any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on behalf of the organization.

Coercion means--

(1) Threats of serious harm to or physical restraint against any person;

(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or

(3) The abuse or threatened abuse of the legal process.

Commercially available off-the-shelf (COTS) item means--

(1) Any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

Commercial sex act means any sex act on account of which anything of value is given to or received by any person.

Debt bondage means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

Employee means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance.

Forced Labor means knowingly providing or obtaining the labor or services of a person--

(1) By threats of serious harm to, or physical restraint against, that person or another person;

(2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or

(3) By means of the abuse or threatened abuse of law or the legal process.

Involuntary servitude includes a condition of servitude induced by means of--

(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or

(2) The abuse or threatened abuse of the legal process.

Recruitment fees means fees of any type, including charges, costs, assessments, or other financial obligations, that are associated with the recruiting process, regardless of the time, manner, or location of imposition or collection of the fee.

(1) Recruitment fees include, but are not limited to, the following fees (when they are associated with the recruiting process) for--

(i) Soliciting, identifying, considering, interviewing, referring, retaining, transferring, selecting, training, providing orientation to, skills testing, recommending, or placing employees or potential employees;

(ii) Advertising;

(iii) Obtaining permanent or temporary labor certification, including any associated fees;

(iv) Processing applications and petitions;

(v) Acquiring visas, including any associated fees;

(vi) Acquiring photographs and identity or immigration documents, such as passports, including any associated fees;

(vii) Accessing the job opportunity, including required medical examinations and immunizations; background, reference, and security clearance checks and examinations; and additional certifications;

(viii) An employer's recruiters, agents or attorneys, or other notary or legal fees;

(ix) Language interpretation or translation, arranging for or accompanying on travel, or providing other advice to employees or potential employees;

(x) Government-mandated fees, such as border crossing fees, levies, or worker welfare funds;

(xi) Transportation and subsistence costs--

(A) While in transit, including, but not limited to, airfare or costs of other modes of transportation, terminal fees, and travel taxes associated with travel from the country of origin to the country of performance and the return journey upon the end of employment; and

(B) From the airport or disembarkation point to the worksite;

(xii) Security deposits, bonds, and insurance; and

(xiii) Equipment charges.

(2) A recruitment fee, as described in the introductory text of this definition, is a recruitment fee, regardless of whether the payment is--

(i) Paid in property or money;

(ii) Deducted from wages;

(iii) Paid back in wage or benefit concessions;

(iv) Paid back as a kickback, bribe, in-kind payment, free labor, tip, or tribute; or

(v) Collected by an employer or a third party, whether licensed or unlicensed, including, but not limited to--

(A) Agents;

(B) Labor brokers;

(C) Recruiters;

(D) Staffing firms (including private employment and placement firms);

(E) Subsidiaries/affiliates of the employer;

(F) Any agent or employee of such entities; and

(G) Subcontractors at all tiers.

Severe forms of trafficking in persons means--

(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or

(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

Sex trafficking means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.

Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Policy. The United States Government has adopted a policy prohibiting trafficking in persons including the trafficking-related activities of this clause. Contractors, contractor employees, and their agents shall not--

(1) Engage in severe forms of trafficking in persons during the period of performance of the contract;

(2) Procure commercial sex acts during the period of performance of the contract;

(3) Use forced labor in the performance of the contract;

(4) Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee's identity or immigration documents, such as passports or drivers' licenses, regardless of issuing authority;

(5)(i) Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to disclose, in a format and language understood by the employee or potential employee, basic information or making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or arranged), any significant costs to be charged to the employee or potential employee, and, if applicable, the hazardous nature of the work;

(ii) Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place;

(6) Charge employees or potential employees recruitment fees;

(7)(i) Fail to provide return transportation or pay for the cost of return transportation upon the end of employment--

(A) For an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract (for portions of contracts performed outside the United States); or

(B) For an employee who is not a United States national and who was brought into the United States for the purpose of working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee (for portions of contracts performed inside the United States); except that--

(ii) The requirements of paragraphs (b)(7)(i) of this clause shall not apply to an employee who is--

(A) Legally permitted to remain in the country of employment and who chooses to do so; or

(B) Exempted by an authorized official of the contracting agency from the requirement to provide return transportation or pay for the cost of return transportation;

(iii) The requirements of paragraph (b)(7)(i) of this clause are modified for a victim of trafficking in persons who is seeking victim services or legal redress in the country of employment, or for a witness in an enforcement action related to trafficking in persons. The contractor shall provide the return transportation or pay the cost of return transportation in a way that does not obstruct the victim services, legal redress, or witness activity. For example, the contractor shall not only offer return transportation to a witness at a time when the witness is still needed to testify. This paragraph does not apply when the exemptions at paragraph (b)(7)(ii) of this clause apply.

(8) Provide or arrange housing that fails to meet the host country housing and safety standards; or

(9) If required by law or contract, fail to provide an employment contract, recruitment agreement, or other required work document in writing. Such written work document shall be in a language the employee understands. If the employee must relocate to perform the work, the work document shall be provided to the employee at least five days prior to the employee relocating. The employee's work document shall include, but is not limited to, details about work description, wages, prohibition on charging recruitment fees, work location(s), living accommodations and associated costs, time off, roundtrip transportation arrangements, grievance process, and the content of applicable laws and regulations that prohibit trafficking in persons.

(c) Contractor requirements. The Contractor shall--

(1) Notify its employees and agents of--

(i) The United States Government's policy prohibiting trafficking in persons, described in paragraph (b) of this clause; and

(ii) The actions that will be taken against employees or agents for violations of this policy. Such actions for employees may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment; and

(2) Take appropriate action, up to and including termination, against employees, agents, or subcontractors that violate the policy in paragraph (b) of this clause.

(d) Notification.

(1) The Contractor shall inform the Contracting Officer and the agency Inspector General immediately of--

(i) Any credible information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, subcontractor employee, or their agent has engaged in conduct that violates the policy in paragraph (b) of this clause (see also 18 U.S.C. 1351, Fraud in Foreign Labor Contracting, and 52.203- 13(b)(3)(i)(A), if that clause is included in the solicitation or contract, which requires disclosure to the agency Office of the Inspector General when the Contractor has credible evidence of fraud); and

(ii) Any actions taken against a Contractor employee, subcontractor, subcontractor employee, or their agent pursuant to this clause.

(2) If the allegation may be associated with more than one contract, the Contractor shall inform the contracting officer for the contract with the highest dollar value.

(e) Remedies. In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (c), (d), (g), (h), or (i) of this clause may result in--

(1) Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract;

(2) Requiring the Contractor to terminate a subcontract;

(3) Suspension of contract payments until the Contractor has taken appropriate remedial action;

(4) Loss of award fee, consistent with the award fee plan, for the performance period in which the Government determined Contractor non-compliance;

(5) Declining to exercise available options under the contract;

(6) Termination of the contract for default or cause, in accordance with the termination clause of this contract; or

(7) Suspension or debarment.

(f) Mitigating and aggravating factors. When determining remedies, the Contracting Officer may consider the following:

(1) Mitigating factors. The Contractor had a Trafficking in Persons compliance plan or an awareness program at the time of the violation, was in compliance with the plan, and has taken appropriate remedial actions for the violation, that may include reparation to victims for such violations.

(2) Aggravating factors. The Contractor failed to abate an alleged violation or enforce the requirements of a compliance plan, when directed by the Contracting Officer to do so.

(g) Full cooperation. (1) The Contractor shall, at a minimum--

(i) Disclose to the agency Inspector General information sufficient to identify the nature and extent of an offense and the individuals responsible for the conduct;

(ii) Provide timely and complete responses to Government auditors' and investigators' requests for documents;

(iii) Cooperate fully in providing reasonable access to its facilities and staff (both inside and outside the U.S.) to allow contracting agencies and other responsible Federal agencies to conduct audits, investigations, or other actions to ascertain compliance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. chapter 78), E.O. 13627, or any other applicable law or regulation establishing restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor; and

(iv) Protect all employees suspected of being victims of or witnesses to prohibited activities, prior to returning to the country from which the employee was recruited, and shall not prevent or hinder the ability of these employees from cooperating fully with Government authorities.

(2) The requirement for full cooperation does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not--

(i) Require the Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine;

(ii) Require any officer, director, owner, employee, or agent of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; or

(iii) Restrict the Contractor from--

(A) Conducting an internal investigation; or

(B) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

(h) Compliance plan. (1) This paragraph (h) applies to any portion of the contract that--

(i) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be performed outside the United States; and

(ii) Has an estimated value that exceeds $550,000.

(2) The Contractor shall maintain a compliance plan during the performance of the contract that is appropriate--

(i) To the size and complexity of the contract; and

(ii) To the nature and scope of the activities to be performed for the Government, including the number of non- United States citizens expected to be employed and the risk that the contract or subcontract will involve services or supplies susceptible to trafficking in persons.

(3) Minimum requirements. The compliance plan must include, at a minimum, the following:

(i) An awareness program to inform contractor employees about the Government's policy prohibiting trafficking-related activities described in paragraph (b) of this clause, the activities prohibited, and the actions that will be taken against the employee for violations. Additional information about Trafficking in Persons and examples of awareness programs can be found at the Web site for the Department of State's Office to Monitor and Combat Trafficking in Persons at http://www.state.gov/j/tip/.

(ii) A process for employees to report, without fear of retaliation, activity inconsistent with the policy prohibiting trafficking in persons, including a means to make available to all employees and potential employees the hotline phone number of the Global Human Trafficking Hotline at 1-844-888-FREE and its email address at help@befree.org.

(iii) A recruitment and wage plan that only permits the use of recruitment companies with trained employees, prohibits charging recruitment fees to the employee or potential employee, and ensures that wages meet applicable host-country legal requirements or explains any variance.

(iv) A housing plan, if the Contractor or subcontractor intends to provide or arrange housing, that ensures that the housing meets host-country housing and safety standards.

(v) Procedures to prevent agents and subcontractors at any tier and at any dollar value from engaging in trafficking in persons (including activities in paragraph (b) of this clause) and to monitor, detect, and terminate any agents, subcontracts, or subcontractor employees that have engaged in such activities.

(4) Posting.

(i) The Contractor shall post the relevant contents of the compliance plan, no later than the initiation of contract performance, at the workplace (unless the work is to be performed in the field or not in a fixed location) and on the Contractor's Web site (if one is maintained). If posting at the workplace or on the Web site is impracticable, the Contractor shall provide the relevant contents of the compliance plan to each worker in writing.

(ii) The Contractor shall provide the compliance plan to the Contracting Officer upon request.

(5) Certification. Annually after receiving an award, the Contractor shall submit a certification to the Contracting Officer that--

(i) It has implemented a compliance plan to prevent any prohibited activities identified at paragraph (b) of this clause and to monitor, detect, and terminate any agent, subcontract or subcontractor employee engaging in prohibited activities; and

(ii) After having conducted due diligence, either--

(A) To the best of the Contractor's knowledge and belief, neither it nor any of its agents, subcontractors, or their agents is engaged in any such activities; or

(B) If abuses relating to any of the prohibited activities identified in paragraph (b) of this clause have been found, the Contractor or subcontractor has taken the appropriate remedial and referral actions.

(i) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (i), in all subcontracts and in all contracts with agents. The requirements in paragraph (h) of this clause apply only to any portion of the subcontract that--

(i) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be performed outside the United States; and

(ii) Has an estimated value that exceeds $550,000.

(2) If any subcontractor is required by this clause to submit a certification, the Contractor shall require submission prior to the award of the subcontract and annually thereafter. The certification shall cover the items in paragraph (h)(5) of this clause.

(End of clause)

52.222-54 Employment Eligibility Verification OCT 2015 52.223-3 Hazardous Material Identification And Material Safety Data FEB 2021 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-10 Waste Reduction Program MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.224-3 Privacy Training JAN 2017 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991 52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.242-15 Alt I Stop-Work Order (Aug 1989) - Alternate I APR 1984 52.245-1 Government Property SEP 2021 52.245-9 Use And Charges APR 2012 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

JAN 2021

252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7002 Reporting Loss of Government Property JAN 2021 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017

CLAUSES INCORPORATED BY FULL TEXT

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (JUN 2020)

Agent means any individual, including a director, an officer, an employee, or an independent Contractor, authorized to act on behalf of the organization.

Full cooperation—

(1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete response to Government auditors' and investigators' request for documents and access to employees with information;

(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not require-

(i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; or

(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and

(3) Does not restrict a Contractor from--

(i) Conducting an internal investigation; or

(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

Subcontractor means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime contractor or another subcontractor.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Code of business ethics and conduct. (1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the Contractor shall--

(i) Have a written code of business ethics and conduct;

(ii) Make a copy of the code available to each employee engaged in performance of the contract.

(2) The Contractor shall--

(i) Exercise due diligence to prevent and detect criminal conduct; and

(ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law.

(3)(i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed--

(A) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code; or

(B) A violation of the civil False Claims Act (31 U.S.C. 3729-3733).

(ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained pursuant to the Contractor's disclosure as confidential where the information has been marked “confidential” or “proprietary” by the company. To the extent permitted by law and regulation, such information will not be released by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any department or agency within the Executive Branch if the information relates to matters within the organization's jurisdiction.

(iii) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract.

(c) Business ethics awareness and compliance program and internal control system. This paragraph (c) does not apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract or if this contract is for the acquisition of a commercial item as defined at FAR 2.101. The Contractor shall establish the following within 90 days after contract award, unless the Contracting Officer establishes a longer time period:

(1) An ongoing business ethics awareness and compliance program.

(i) This program shall include reasonable steps to communicate periodically and in a practical manner the Contractor's standards and procedures and other aspects of the Contractor's business ethics awareness and compliance program and internal control system, by conducting effective training programs and otherwise disseminating information appropriate to an individual's respective roles and responsibilities.

(ii) The training conducted under this program shall be provided to the Contractor's principals and employees, and as appropriate, the Contractor's agents and subcontractors.

(2) An internal control system.

(i) The Contractor's internal control system shall--

(A) Establish standards and procedures to facilitate timely discovery of improper conduct in connection with Government contracts; and

(B) Ensure corrective measures are promptly instituted and carried out.

(ii) At a minimum, the Contractor's internal control system shall provide for the following:

(A) Assignment of responsibility at a sufficiently high level and adequate resources to ensure effectiveness of the business ethics awareness and compliance program and internal control system.

(B) Reasonable efforts not to include an individual as a principal, whom due diligence would have exposed as having engaged in conduct that is in conflict with the Contractor's code of business ethics and conduct.

(C) Periodic reviews of company business practices, procedures, policies, and internal controls for compliance with the Contractor's code of business ethics and conduct and the special requirements of Government contracting, including--

(1) Monitoring and auditing to detect criminal conduct;

(2) Periodic evaluation of the effectiveness of the business ethics awareness and compliance program and…