W81K0020Q01240001 - Conformed.pdf

SEE ADDENDUM

(No Collect Calls)

W81K0020Q0124 19-Aug-2020

b. TELEPHONE NUMBER

915-742-2934

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 18 Sep 2020

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 X 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.

W81K009. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

TROY A. LOGE

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

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

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

0011453216

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 ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

W40M USA HLTH CONTRACTING ACT

REGIONAL HEALTH CONTRACT OFF CENTRAL

2539 GARDEN AVENUE

FT SAM HOUSTON TX 78234-0000

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 W45XTK 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

WILLIAM BEAUMONT ARMY MEDICAL CENTE

18511 CHARLIE MEDICS WAY

EAST BIGGS AIRFIELD

EL PASO TX 79918-0000

TEL: . FAX: .

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,250

NAICS:

325413

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 OF98

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.

W81K0020Q0124

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each Blood Coagulation Analyzer CPR

FFP

Contractor shall supply equipment consumables to support the blood coagulation reagents testing operation. Two (2) high-volume, 120 test per hour with capacity of at least 80 samples in a minimum of 8-position rack, all other computer hard/software requirement for the use of the analyzers. The Contractor shall provide preventive maintenance as per the purchase description.Training two (2) positions per year shall be provided at Contractor location mandatory test.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011453216

PSC CD: 6550

NET AMT

0002 43,835 Each Mandatory Test

FFP

Includes PT/INR (CPR), and partial thromboplastin (CPR). Contractor shall supply equipment consumables to suport the blood coagulation reagents testing operation.

FOB: Destination

0003 2,160 Each Anti Xa

FFP

120 Tests per box.

FOB: Destination

0004 2,054 Each D Dimer

FFP

90 Tests per box FOB: Destination

0005 307 Each Fibrinogen

FFP

50 Tests per box FOB: Destination

0006 14 Each Thrombin Time CPR

FFP

FOB: Destination

0007 100,000 Each Consumables

FFP

Consumables necessary to support continued blood coagulation testing operations.

-Calibration Plasma -Normal Control assayed -Abnormal Control 3 assayed -Factor Diluent -Cleaning solution -Clean A -Cleaning Agent Clean B -Rinse Solution -Cuvettes -Sample cups -Calibrators FOB: Destination

0008 100,000 Each Controls

FFP

FDA approved reagents for PT, PTT, D Dimer, D Dimer control, Fibrinogen, Low Fibrinogen control, Thrombin Time, and anti Xa and assayed controls. All related approvals or modifications to equipment, reagents, or parts of the assay related to the testing product shall be provided in the event any changes are made during performance of the contract. Have a liquid ready to use recombinant PT reagent with an ISI around 1.0. Must have FDA-cleared chromogenic test for anti-Xa. (Liquid ready to use.). Long stability of PT and PTT reagent on board up to 10 days. Must have an FDA -cleared HIT (Heparin Induced Thrombocytopenia) test. Must be able to manage multiple calibrations for various lots of reagents. Provide extensive onboard autovalidation rules Allow auto-execution of QC at specific times and bottle change. True liquid level sensing on reagents and samples. Be a water free system. Have QC stable onboard for 24 hours.

FOB: Destination

1001 1 Each OPTION Blood Coagulation Analyzer CPR

FFP

Contractor shall supply equipment consumables to support the blood coagulation reagents testing operation. Two (2) high-volume, 120 test per hour with capacity of at least 80 samples in a minimum of 8-position rack, all other computer hard/software requirement for the use of the analyzers. The Contractor shall provide preventive maintenance as per the purchase description.Training two (2) positions per year shall be provided at Contractor location mandatory test.

FOB: Destination

1002 43,835 Each OPTION Mandatory Test

FFP

Includes PT/INR (CPR), and partial thromboplastin (CPR). Contractor shall supply equipment consumables to suport the blood coagulation reagents testing operation.

1003 2,160 Each OPTION Anti Xa

FFP

120 Tests per box.

1004 2,054 Each OPTION D Dimer

FFP

90 Tests per box

1005 307 Each OPTION Fibrinogen

FFP

50 Tests per box

1006 14 Each OPTION Thrombin Time CPR

FFP

1007 100,000 Each OPTION Consumables

FFP

Consumables necessary to support continued blood coagulation testing operations.

-Calibration Plasma -Normal Control assayed -Abnormal Control 3 assayed -Factor Diluent -Cleaning solution -Clean A -Cleaning Agent Clean B -Rinse Solution -Cuvettes -Sample cups -Calibrators

1008 100,000 Each OPTION Controls

FFP

FDA approved reagents for PT, PTT, D Dimer, D Dimer control, Fibrinogen, Low Fibrinogen control, Thrombin Time, and anti Xa and assayed controls. All related approvals or modifications to equipment, reagents, or parts of the assay related to the testing product shall be provided in the event any changes are made during performance of the contract. Have a liquid ready to use recombinant PT reagent with an ISI around 1.0. Must have FDA-cleared chromogenic test for anti-Xa. (Liquid ready to use.). Long stability of PT and PTT reagent on board up to 10 days. Must have an FDA -cleared HIT (Heparin Induced Thrombocytopenia) test. Must be able to manage multiple calibrations for various lots of reagents. Provide extensive onboard autovalidation rules Allow auto-execution of QC at specific times and bottle change. True liquid level sensing on reagents and samples. Be a water free system. Have QC stable onboard for 24 hours.

2001 1 Each OPTION Blood Coagulation Analyzer CPR

FFP

Contractor shall supply equipment consumables to support the blood coagulation reagents testing operation. Two (2) high-volume, 120 test per hour with capacity of at least 80 samples in a minimum of 8-position rack, all other computer hard/software requirement for the use of the analyzers. The Contractor shall provide preventive maintenance as per the purchase description.Training two (2) positions per year shall be provided at Contractor location mandatory test.

2002 43,835 Each OPTION Mandatory Test

FFP

Includes PT/INR (CPR), and partial thromboplastin (CPR). Contractor shall supply equipment consumables to suport the blood coagulation reagents testing operation.

2003 2,160 Each OPTION Anti Xa

FFP

120 Tests per box.

2004 2,054 Each OPTION D Dimer

FFP

90 Tests per box

2005 307 Each OPTION Fibrinogen

FFP

50 Tests per box

2006 14 Each OPTION Thrombin Time CPR

FFP

2007 100,000 Each OPTION Consumables

FFP

Consumables necessary to support continued blood coagulation testing operations.

-Calibration Plasma -Normal Control assayed -Abnormal Control 3 assayed -Factor Diluent -Cleaning solution -Clean A -Cleaning Agent Clean B -Rinse Solution -Cuvettes -Sample cups -Calibrators

2008 100,000 Each OPTION Controls

FFP

FDA approved reagents for PT, PTT, D Dimer, D Dimer control, Fibrinogen, Low Fibrinogen control, Thrombin Time, and anti Xa and assayed controls. All related approvals or modifications to equipment, reagents, or parts of the assay related to the testing product shall be provided in the event any changes are made during performance of the contract. Have a liquid ready to use recombinant PT reagent with an ISI around 1.0. Must have FDA-cleared chromogenic test for anti-Xa. (Liquid ready to use.). Long stability of PT and PTT reagent on board up to 10 days. Must have an FDA -cleared HIT (Heparin Induced Thrombocytopenia) test. Must be able to manage multiple calibrations for various lots of reagents. Provide extensive onboard autovalidation rules Allow auto-execution of QC at specific times and bottle change. True liquid level sensing on reagents and samples. Be a water free system. Have QC stable onboard for 24 hours.

3001 1 Each OPTION Blood Coagulation Analyzer CPR

FFP

Contractor shall supply equipment consumables to support the blood coagulation reagents testing operation. Two (2) high-volume, 120 test per hour with capacity of at least 80 samples in a minimum of 8-position rack, all other computer hard/software requirement for the use of the analyzers. The Contractor shall provide preventive maintenance as per the purchase description.Training two (2) positions per year shall be provided at Contractor location mandatory test.

3002 43,835 Each OPTION Mandatory Test

FFP

Includes PT/INR (CPR), and partial thromboplastin (CPR). Contractor shall supply equipment consumables to suport the blood coagulation reagents testing operation.

3003 2,160 Each OPTION Anti Xa

FFP

120 Tests per box.

3004 2,054 Each OPTION D Dimer

FFP

90 Tests per box

3005 307 Each OPTION Fibrinogen

FFP

50 Tests per box

3006 14 Each OPTION Thrombin Time CPR

FFP

3007 100,000 Each OPTION Consumables

FFP

Consumables necessary to support continued blood coagulation testing operations.

-Calibration Plasma -Normal Control assayed -Abnormal Control 3 assayed -Factor Diluent -Cleaning solution -Clean A -Cleaning Agent Clean B -Rinse Solution -Cuvettes -Sample cups -Calibrators

3008 100,000 Each OPTION Controls

FFP

FDA approved reagents for PT, PTT, D Dimer, D Dimer control, Fibrinogen, Low Fibrinogen control, Thrombin Time, and anti Xa and assayed controls. All related approvals or modifications to equipment, reagents, or parts of the assay related to the testing product shall be provided in the event any changes are made during performance of the contract. Have a liquid ready to use recombinant PT reagent with an ISI around 1.0. Must have FDA-cleared chromogenic test for anti-Xa. (Liquid ready to use.). Long stability of PT and PTT reagent on board up to 10 days. Must have an FDA -cleared HIT (Heparin Induced Thrombocytopenia) test. Must be able to manage multiple calibrations for various lots of reagents. Provide extensive onboard autovalidation rules Allow auto-execution of QC at specific times and bottle change. True liquid level sensing on reagents and samples. Be a water free system. Have QC stable onboard for 24 hours.

4001 1 Each OPTION Blood Coagulation Analyzer CPR

FFP

Contractor shall supply equipment consumables to support the blood coagulation reagents testing operation. Two (2) high-volume, 120 test per hour with capacity of at least 80 samples in a minimum of 8-position rack, all other computer hard/software requirement for the use of the analyzers. The Contractor shall provide preventive maintenance as per the purchase description.Training two (2) positions per year shall be provided at Contractor location mandatory test.

4002 43,835 Each OPTION Mandatory Test

FFP

Includes PT/INR (CPR), and partial thromboplastin (CPR). Contractor shall supply equipment consumables to suport the blood coagulation reagents testing operation.

4003 2,160 Each OPTION Anti Xa

FFP

120 Tests per box.

4004 2,054 Each OPTION D Dimer

FFP

90 Tests per box

4005 307 Each OPTION Fibrinogen

FFP

50 Tests per box

4006 14 Each OPTION Thrombin Time CPR

FFP

4007 100,000 Each OPTION Consumables

FFP

Consumables necessary to support continued blood coagulation testing operations.

-Calibration Plasma -Normal Control assayed -Abnormal Control 3 assayed -Factor Diluent -Cleaning solution -Clean A -Cleaning Agent Clean B -Rinse Solution -Cuvettes -Sample cups -Calibrators

4008 100,000 Each OPTION Controls

FFP

FDA approved reagents for PT, PTT, D Dimer, D Dimer control, Fibrinogen, Low Fibrinogen control, Thrombin Time, and anti Xa and assayed controls. All related approvals or modifications to equipment, reagents, or parts of the assay related to the testing product shall be provided in the event any changes are made during performance of the contract. Have a liquid ready to use recombinant PT reagent with an ISI around 1.0. Must have FDA-cleared chromogenic test for anti-Xa. (Liquid ready to use.). Long stability of PT and PTT reagent on board up to 10 days. Must have an FDA -cleared HIT (Heparin Induced Thrombocytopenia) test. Must be able to manage multiple calibrations for various lots of reagents. Provide extensive onboard autovalidation rules Allow auto-execution of QC at specific times and bottle change. True liquid level sensing on reagents and samples. Be a water free system. Have QC stable onboard for 24 hours.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government N/A Government 0002 Destination Government N/A Government 0003 Destination Government N/A Government 0004 Destination Government N/A Government 0005 Destination Government N/A Government 0006 Destination Government N/A Government 0007 Destination Government N/A Government 0008 Destination Government N/A Government 1001 Destination Government N/A Government 1002 Destination Government N/A Government 1003 Destination Government N/A Government 1004 Destination Government N/A Government 1005 Destination Government N/A Government 1006 Destination Government N/A Government 1007 Destination Government N/A Government 1008 Destination Government N/A Government 2001 Destination Government N/A Government 2002 Destination Government N/A Government

2003 Destination Government N/A Government 2004 Destination Government N/A Government 2005 Destination Government N/A Government 2006 Destination Government N/A Government 2007 Destination Government N/A Government 2008 Destination Government N/A Government 3001 Destination Government N/A Government 3002 Destination Government N/A Government 3003 Destination Government N/A Government 3004 Destination Government N/A Government 3005 Destination Government N/A Government 3006 Destination Government N/A Government 3007 Destination Government N/A Government 3008 Destination Government N/A Government 4001 Destination Government N/A Government 4002 Destination Government N/A Government 4003 Destination Government N/A Government 4004 Destination Government N/A Government 4005 Destination Government N/A Government 4006 Destination Government N/A Government 4007 Destination Government N/A Government 4008 Destination Government N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-OCT-2020 TO

30-SEP-2021

N/A WILLIAM BEAUMONT ARMY MEDICAL

CENTE

18511 CHARLIE MEDICS WAY

EAST BIGGS AIRFIELD

EL PASO TX 79918-0000

W45XTK

0002 POP 01-OCT-2020 TO

30-SEP-2021

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-OCT-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-OCT-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 01-OCT-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 01-OCT-2020 TO

30-SEP-2021

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 01-OCT-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 01-OCT-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-OCT-2021 TO

30-SEP-2022

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-OCT-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-OCT-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 01-OCT-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1005 POP 01-OCT-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1006 POP 01-OCT-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1007 POP 01-OCT-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1008 POP 01-OCT-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-OCT-2022 TO

30-SEP-2023

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-OCT-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 01-OCT-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 01-OCT-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2005 POP 01-OCT-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2006 POP 01-OCT-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2007 POP 01-OCT-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2008 POP 01-OCT-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-OCT-2023 TO

30-SEP-2024

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 01-OCT-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 01-OCT-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 01-OCT-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

3005 POP 01-OCT-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

3006 POP 01-OCT-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

3007 POP 01-OCT-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

3008 POP 01-OCT-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-OCT-2024 TO

30-SEP-2025

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 01-OCT-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 01-OCT-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

4004 POP 01-OCT-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

4005 POP 01-OCT-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

4006 POP 01-OCT-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

4007 POP 01-OCT-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

4008 POP 01-OCT-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

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

52.212-4 ADDENDUM

Add paragraph (w), as follows:

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

(End of Addendum)

CLAUSES INCORPORATED BY REFERENCE

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

DEC 2019

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

AUG 2019

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

OCT 2015

52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2020 52.222-50 Combating Trafficking in Persons JAN 2019 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-18 Availability Of Funds APR 1984 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 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 252.204-7003 Control Of Government Personnel Work Product APR 1992 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

252.225-7021 Trade Agreements--Basic SEP 2019 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

252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (DEC

2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representation. The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(End of provision)

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)

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

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(c) Exceptions to this prohibition are located at 9.108-2.

(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.

(End of clause)

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

(a) The government may extend the term of this contract by written notice to the Contractor within the period preceeding the final 30 days of the contract (at least 30 days before its expiration) provided that the government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires.

The preliminary notice does not commit the government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (MAY 2020)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code assigned to contract number .

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the Contractor represented itself as a women-owned small business concern in paragraph (h)(3) of this clause.] The Contractor represents that--

(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(4)(i) of this clause is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture.

[The Contractor shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the Contractor represented itself as a women-owned small business concern eligible under the WOSB Program in (h)(4) of this clause.] The Contractor represents that--

(i) It [ ] is, [ ] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(5)(i) of this clause is accurate for each EDWOSB concern participating in the joint venture. [The Contractor shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a veteran-owned small business concern.

(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(8) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that--

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

[Contractor to sign and date and insert authorized signer's name and title.]

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the contracting officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

http://www.acquisition.gov/

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any DoD FAR Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (DEC 2019)

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

Adequate security means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.

Compromise means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.

Contractor attributional/proprietary information means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.

Controlled technical information means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination.

Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

Covered contractor information system means an unclassified information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.

Covered defense information means unclassified controlled technical information or other information, as described in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category-list.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is--

(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or

(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract.

Cyber incident means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.

Forensic analysis means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.

Malicious software means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.

Media means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system.

Operationally critical support means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.

Rapidly report means within 72 hours of discovery of any cyber incident.

Technical information means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data--Noncommercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.

(b) Adequate security. The Contractor shall provide adequate security on all covered contractor information systems.

To provide adequate security, the Contractor shall implement, at a minimum, the following information security protections:

(1) For covered contractor information systems that are part of an information technology (IT) service or system operated on behalf of the Government, the following security requirements apply:

(i) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract.

(ii) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract.

(2) For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply:

(i) Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be subject to the security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations” (available via the internet at http://dx.doi.org/10.6028/NIST.SP.800-171) in effect at the time the solicitation is issued or as authorized by the Contracting Officer.

(ii)(A) The Contractor shall implement NIST SP 800-171, as soon as practical, but not later than December 31, 2017. For all contracts awarded prior to October 1, 2017, the Contractor shall notify the DoD Chief Information Officer (CIO), via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award.

(B) The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, for consideration by the DoD CIO. The Contractor need not implement any security requirement adjudicated by an authorized representative of the DoD CIO to be nonapplicable or to have an alternative, but equally effective, security measure that may be implemented in its place.

(C) If the DoD CIO has previously adjudicated the contractor's requests indicating that a requirement is not applicable or that an alternative security measure is equally effective, a copy of that approval shall be provided to the Contracting Officer when requesting its recognition under this contract.

(D) If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered defense information in performance of this contract, the Contractor shall require and ensure that the cloud service provider meets security requirements equivalent to those established by the Government for the Federal Risk and Authorization Management Program (FedRAMP) Moderate baseline (https://www.fedramp.gov/resources/documents/) and that the cloud service provider complies with requirements in paragraphs (c) through (g) of this clause for cyber incident reporting, malicious software, media preservation and protection, access to additional information and equipment necessary for forensic analysis, and cyber incident damage assessment.

(3) Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraphs (b)(1) and (2) of this clause, may be required to provide adequate security in a dynamic environment or to accommodate special circumstances (e.g., medical devices) and any individual, isolated, or temporary deficiencies based on an assessed risk or vulnerability. These measures may be addressed in a system security plan.

(c) Cyber incident reporting requirement.

(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor's ability to perform the requirements of the contract that are designated as operationally critical support and identified in the contract, the Contractor shall--

(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor's network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor's ability to provide operationally critical support; and

(ii) Rapidly report cyber incidents to DoD at https://dibnet.dod.mil.

(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at https://dibnet.dod.mil.

(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see https://public.cyber.mil/eca/.

(d) Malicious software. When the Contractor or subcontractors discover and isolate malicious software in connection with a reported cyber incident, submit the malicious software to DoD Cyber Crime Center (DC3) in accordance with instructions provided by DC3 or the Contracting Officer. Do not send the malicious software to the Contracting Officer.

(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest.

(f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a forensic analysis.

(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause.

(h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released.

(i) Use and release of contractor attributional/proprietary information not created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released outside of DoD--

(1) To entities with missions that may be affected by such information;

(2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;

(3) To Government entities that conduct counterintelligence or law enforcement investigations;

(4) For national security purposes, including cyber situational awareness and defense purposes (including with Defense Industrial Base (DIB) participants in the program at 32 CFR part 236); or

(5) To a support services contractor (“recipient”) that is directly supporting Government activities under a contract that includes the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.

(j) Use and release of contractor attributional/proprietary information created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) is authorized to be used and released outside of DoD for purposes and activities authorized by paragraph (i) of this clause, and for any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy based restrictions on the Government's use and release of such information.

(k) The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on the interception, monitoring, access, use, and disclosure of electronic communications and data.

(l) Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this clause in no way abrogates the Contractor's responsibility for other safeguarding or cyber incident reporting pertaining to its unclassified information systems as required by other applicable clauses of this contract, or as a result of other applicable U.S. Government statutory or regulatory requirements.

(m) Subcontracts. The Contractor shall--

(1) Include this clause, including this paragraph (m), in subcontracts, or similar contractual instruments, for operationally critical support, or for which subcontract performance will involve covered defense information, including subcontracts for commercial items, without alteration, except to identify the parties. The Contractor shall determine if the information required for subcontractor performance retains its identity as covered defense information and will require protection under this clause, and, if necessary, consult with the Contracting Officer; and

(2) Require subcontractors to--

(i) Notify the prime Contractor (or next higher-tier subcontractor) when submitting a request to vary from a NIST SP 800-171 security requirement to the Contracting Officer, in accordance with paragraph (b)(2)(ii)(B) of this clause; and

(ii) Provide the incident report number, automatically assigned by DoD, to the…