RFP_VISN 12 Infusion Pumps System _Final_8.26.22.pdf

General Services Administration (GSA)

Federal Acquisition Services (FAS)

Office of General Supplies and Services GSS)

Large Special Order Program (SOP)

Request for Proposal

Solicitation PIID: 47QSWC22Q0157

U.S. Department of Veterans Affairs

Veterans Integrated Service Network (VISN) 12

Infusion Pump Systems

August 26, 2022

Table of Contents

SECTION A: GENERAL INFORMATION

SECTION B: OFFEROR INFORMATION

SECTION C: GENERAL REQUIREMENTS

SECTION D: LIST OF ATTACHMENTS

SECTION E: CONTRACT CLAUSES

SECTION F: INSTRUCTIONS TO OFFERORS

SECTION G: EVALUATION

SECTION H: PROVISIONS, REPRESENTATIONS & CERTIFICATIONS

SECTION A: GENERAL INFORMATION

REQUEST FOR PROPOSAL (RFP) # 47QSWC22Q0157

VA VISN 12 INFUSION PUMPS SYSTEMS

A. This is a combined Synopsis/Solicitation for commercial item (Supplies and Services) prepared in accordance with the format in FAR Subpart 12.603, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This solicitation is issued as an RFP and in accordance with FAR Part 12, Commercial Items and FAR Part 15, Contracting by Negotiation. The incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2022-07.

B. Background: This RFP is being issued by GSA on behalf of the U.S. Department of Veterans Affairs, Veterans Integrated Service Network (VISN) 12. VISN 12 Veteran Affairs (VA) Medical Centers are dedicated to the provision of health care, training and education using advanced technologies, sharpening the skill set of all VA staff to provide the best care to Veterans. VISN 12 requires the procurement of Smart Medical Infusion Pumps Systems (both Large Volume Pumps (LVP) and Patient-Controlled Access (PCA) Pumps) to support their mission.

Infusion pumps are mission-critical for every hospital providing automated delivery of precise dosages and reducing medication errors. A large volume of patients requires the use of infusion pumps to deliver fluids, nutrients, and medicines necessary for quality medical care.

Smart infusion pumps have network capabilities and built-in software designed to increase the accuracy and safety of infusion therapy. This includes a Dose Error Reduction System (DERS) that interfaces with an organization-specific drug library. The facility’s pharmaceutical experts can input drug specifications such as concentration, volume, rate and duration of fluid delivery. The DERS helps point-of-care clinicians avoid mistakes when programming the smart pump for an individual patient. The system verifies that the dosage falls within the parameters established in the drug library. It sends real-time alerts when it identifies inaccurate dosage input and can override the infusion if the clinician doesn’t make appropriate changes. It also sends an alert if it detects a problem during an infusion.

Most smart pumps now integrate with EHR, incorporating the individual prescription into the DERS database. Bi-directional smart pumps can also send infusion data back to the EHR.

With Smart Large Volume and Patient Controlled Access (PCA) infusion pumps, patients can receive the necessary nutrients their body needs.

C. General Services Administration (GSA) Federal Acquisition Service (FAS) Large Special Order Program (SOP) anticipates a single, one-time award of a Firm-Fixed Price (FFP) Definitive Contract as the result of this RFP. This announcement constitutes the only Solicitation that will be published; proposals are being requested and a written Solicitation will not be issued. This combined Synopsis/Solicitation will be provided electronically only. The solicitation number is 47QSWC22Q0157 and issued as an RFP. GSA intends to award a single FFP Contract. The applicable North American Industrial Classification Code System (NAICS) code 339112 – Surgical and Medical Instrument Manufacturing and small business size standard is 1,000 employees. The appropriate Product and Service Code (PSC) is 6515

– Medical and Surgical Instruments, Equipment, and Supplies

D. In accordance with FAR 12.603, the following provisions and clauses are applicable to this solicitation and may be reviewed/obtained in full text form either later in this RFP and/or at http://www.acquisition.gov/far.

52.212-1, Instructions to Offerors-Commercial Products and Commercial Service

(Nov 2021) – this provision is located in full text in Section F, Instructions to Offerors 52.212-2, Evaluation – Commercial Products and Commercial Services (Nov 2021)

– this provision is located in full text in Section G, Evaluation, along with detailed information with regard to Evaluation Criteria

52.212-3, Offeror Representations and Certifications – Commercial Products and Commercial Services (May 2022) – a completed copy of the provision (located in full text in Section H, Representations and Certifications) shall be submitted with any offers.

Note: The Offeror shall complete and submit only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov.

52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2021) - addenda to this clause are located in Section E, Contract Clauses.

52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (May 2022) -clauses cited in this clause that are applicable to the acquisition are identified in Section E, Contract Clauses where this clause is located in full text.

E. This is a RFP for the procurement of Large Volume Pump (LVP) and Patient Controlled

Analgesia (PCA) Smart Infusion Pumps Systems to include data storage and analysis software, software licenses, training services, and optimized services to reduce medication administration errors.

F. PHASE II – Oral Presentations/On-Site Demonstrations:

Offerors who successfully pass Phase I of the technical evaluation will be invited to provide an oral presentation and on-site hands-on demonstration to the Contracting Officer, Technical Evaluation Board (TEB) members and medical facility representatives. The Government intends to conduct the Oral Presentations/On-Site Demonstrations between Monday, September 19th and Tuesday, September 20th in either Milwaukee, WI or Chicago, IL. Offerors who pass Phase I of the technical evaluation shall be notified of the exact time and location for oral presentations/on-site demonstrations no later than close of business (COB) September 9th, 2022.

G. Delivery terms: The Government is seeking completed delivery, training and go-live for units across all eight (8) medical facilities no later than 12 Months After Receipt of Order.

Successful offeror will be encouraged to provide their best delivery terms that meet or exceed the required delivery schedule.

H. Shipping and handling terms: F.O.B. Destination – CONUS pricing. Inspection and Acceptance at Destination. The Contractor shall coordinate delivery of all items with the client designated point of contact (POC) for consolidation, storage, and shipping. The Contractor shall notify the POC when equipment is shipped from the Manufacturer’s facility.

The Contractor is to notify the POC prior to special delivery if special Material Handling

Equipment (MHE) is required to offload the equipment once it arrives at their facility.

Preparation for Delivery: The item(s) shall be packaged and packed to afford adequate protection against physical damage during shipment from the supplier to the first receiving activity. The packaging shall comply with the rules and regulations applicable to the mode of transportation.

I. This is ONLY a request for pricing. DO NOT SHIP begin production or ship any items based upon the posting of this RFP.

J. The Government intends to award on initial proposals and advises offerors to submit their best terms and prices in their initial proposal.

K. STANDARD COMMERCIAL WARRANTY REQUIREMENT. The Government is requiring that all items in any resulting contract have a Standard Commercial Warranty.

L. Proposals shall be submitted electronically in GSA’s ASSIST Electronic Order System. The offeror should allow enough time before the closing date and time to ensure successful and timely submission of proposal. For any questions regarding this solicitation, please contact the GSA POC: Contracting Officer (CO), Tammy Mattox, Email: tammy.mattox@gsa.gov, Phone: 972-345-1578

M. Offerors are advised that failure to provide the information required in Section F of this RFP may eliminate their proposal from further consideration for contract award.

Questions: Question regarding this RFP will be due no later than Friday, September 2nd, 2022 at 12:00 p.m. EST. Questions shall be submitted by email only to the Contracting Officer, Tammy Mattox, at email address tammy.mattox@gsa.gov with “RFP Questions – VISN 12 Infusion Pump Systems” in the Subject Line of the email.

Answers to questions received in response to the RFP will be answered via amendment to the RFP.

RFP Response Date: Please return your completed proposal on or before Thursday, September 8th, 2022 at 4:00 PM EST to Tammy Mattox at tammy.mattox@gsa.gov

N. Proposal Development Instructions The contractor must submit the proposal documents/media by the dates and times established in the RFP Cover Letter. If you are unable to submit your proposal in the GSA ASSIST Electronic Ordering System due to technical difficulty, immediately report the problem to the ASSIST help desk and the CO, Tammy Mattox, (972) 345-1578(p), tammy.mattox@gsa.gov in sufficient time prior to closing to allow for the submission of the proposal via an alternative method. Instructions for how to register in GSA ASSIST are located in Attachment 9 – How To Register a Company in ASSIST. Failure to register properly in GSA ASSIST’s Electronic Ordering System (ITSS) is not an acceptable excuse for the inability to submit a proposal.

NOTE: In order to submit a proposal for this solicitation, your firm not only must be registered in GSA ASSIST, but the CO must also manually add your firm and a POC to the solicitation so you may access it to submit documents. Therefore, as soon as you’ve registered in GSA ASSIST, please notify the CO and provide the POC name that is listed on the registration at your earliest to avoid last minute complications with proposal submission.

SECTION B: OFFEROR INFORMATION

Please fill out the below completely and return with your proposal:

Company’s Name:

Offeror’s Point of Contact (POC):

Name: __________________________

Phone number: ________________________

Email address: _______________________

UEI Number:

Socio-economic status:

Manufacturer:

☐ I acknowledge receipt of all RFP amendments ☐ I have registered in GSA ASSIST. Registered POC Name

Offeror ☐ does or ☐ does not take exception to the RFP provisions, clauses, requirements, or other information.

If offeror does take exception to any of the RFP provisions, clauses, requirements, specifications, or other information, please provide a list of any exceptions and explanation(s) in the space below. Please note, the Government reserves the right to make a selection based upon initial proposals received, without discussions with offerors; therefore, exceptions to the RFP may eliminate an offeror from receiving any further consideration.

AUTHORIZED AGENT SIGNATURE:

DATE: TITLE:

SECTION C: GENERAL REQUIREMENTS

1. General Information

The contractor shall provide all labor, equipment, tools, materials, supervision, documentation, personnel, equipment required and other items necessary for LVP and PCA Smart Infusion Pumps Systems to be provided and implemented at VISN 12 Medical Centers listed below.

Required quantities for both LVP and PCA smart infusion pumps systems for each location are also provided.

MEDICAL FACILITY ADDRESS CITY/STATE ZIP LVP PCA

Jesse Brown VA Medical Center 820 South Damen Ave.

Chicago, IL 60612 378 41

VA Illiana Health Care System 1900 E. Main St. Danville, IL 61832 82 8

Captain James A. Lovell FHCC 3001 Green Bay Rd.

North Chicago, IL

60064 272 15

Edward Hines Jr. VA Medical Center

5000 South 5th Ave.

Hines, IL 60141 603 74

Oscar G. Johnson VA Medical Center

325 East H. Street Iron Mountain, MI

49801 90 8

William S. Middleton Memorial VA Hospital

2500 Overlook Terrace

Madison, WI 53705 429 35

Clement J. Zablocki VA Medical Center

500 W. National Ave.

Milwaukee, WI 53295 562 40

Tomah VA Medical Center 500 E. Veterans St.

Tomah, WI 54660 59 8

Requirements for All Infusion Pump Systems

1.1. System devices must run on an operating system supported by the Operating System Manufacturer and be in accordance with VA Directive 6550 (Reference Attachment 2 – VA Directive 6500, and VA Handbook 6500, https://www.oprm.va.gov/docs/Handbook_6500_24_Feb_2021.pdf

1.2. Must be FDA approved (Reference Federal Food Drug & Cosmetic Act (FD&C Act), Title 21 CFR Parts 800-1299)

1.3. Must be FIPS 140-2 certified with plan to transition to FIPS 140-3 (Reference: FISMA Federal Information Security Management Act, Federal Information Processing Standards Publications (FIPS Pub)140-2 and 140-3), https://csrc.nist.gov/publications/detail/fips/140/2/final

1.4. Must have wireless communication

1.5. Must be validated with Cerner’s CareAware smart pump programming, infusion management, and event management workflows. System will not operate appropriately without ability to interface with Cerner. Would lose required smart pump features including auto-programming, auto-documentation, and alert management without compatibility with Cerner.

1.6. Must have automatic switching to battery power upon line-power interruption

1.7. Must send infusion data wirelessly from equipment to central repository for analysis

1.8. Must have primary and secondary infusion modes

1.9. Must have a minimum warranty of 1-year parts & labor

1.10. Contractor cannot propose a device that does not have anticipated parts support for the next 10 years.

1.11. Must be portable – transportable with battery backup (Reference: 8 hours (standard battery) 4 hours (wireless module) – Reference Attachment 5 - FDA-2006-D-0300 Radio Frequency Wireless Technology in Medical Devices - Guidance for Industry and FDA Staff

1.12. Must be mountable to an IV pole

2. Service & Maintenance (All Infusion Pump Systems) o Must be cleanable with hospital grade disinfectant o Must come with manuals (user, service, maintenance) o Must provide manufacturer training and service onsite o Must provide training for clinical end-users, BioMed and pharmacy staff prior to implementation o Must have company staff on site during implementation o Must provide 24/7 phone line for troubleshooting o Must have parts to support equipment repair at VAMC

3. General Infusion Pump Systems Requirements:

Large Volume Pump (LVP)

Must default to the Dose Error Reduction System (DERS) upon startup Must have free flow prevention mechanism Device must have flow rate specifications capability to range from 0.1-99mL/hr. and in increments of 0.1 mL/hr.

Must have the ability to set manual parameters within drug library Must have ability to change to different drug libraries Must have secondary infusion capability Must have patient tampering safety feature Must have loading dose capability Must have alarm volume control and alarm momentary silence

Patient Controlled Analgesia (PCA) Must have low battery, depleted battery alarms Must have fluid resistance ingress protection Device must have flow rate specifications capability to range from 0.1-99mL/hr. and in increments of 0.1 mL/hr.

Must default to the Dose Error Reduction System (DERS) upon startup Must have free flow prevention mechanism Must have multiple infusion capability Must have patient tampering safety feature Must have accumulated dose limit monitoring Must have patient pendant for PCA dose requests Must have bolus capability Must have loading dose capability Must have alarm volume control and alarm momentary silence Must be able to accommodate various syringe volumes

Dose Error Reduction System (DERS):

Must be FDA Approved Must be configurable with soft limits, hard limits, and/or soft limits nested within hard limits Must have capacity to download drug library updates wirelessly Must utilize Integrating the Healthcare Enterprise (IHE) Integration Profiles for standardized communication with hospital information systems Must be able to customize DERS and drug library o Drug library and health record need to match what is in drug library in pumps Must allow medication drug library catalog updates to be wirelessly pushed to devices Must have ability to program custom dilutions for critical/dangerous medications Must be able to edit as needed.

Must be able to program DERS limits and infusion devices which actively use DERS for:

o Medication doses o Define minimum # of meds/care areas that need to be programmed (ECRI greater than 10 care areas needed) Number of drug entries is greater than 400 With options for different care therapies (same drug different limits)

Medication concentration limits Infusion rate limits Titration limits Continuous infusion limits Intermittent and secondary infusion limits Bolus dose and loading dose infusion limits

Pre-Deployment Requirements:

1.1. Must provide all necessary documentation to meet VA Directive 6550 and Enterprise

Risk Assessment requirements

1.2. Must provide MDS2 for each component

1.3. Must provide Topology Diagram

1.4. Hardware/Software Inventory

1.5. Provide a list of Ports and Protocols the systems use to communicate on the network

1.6. 6550 Appendix A for each component

1.7. Must follow all required VA Handbook 6500 requirements to provide remote support of server components of the system including but not limited to background investigations, MOU/ISA, PIV badge issuance, check-in requirements.

1.8. Must provide a listing of any required Government Furnished Equipment (GFE) and/or software if required including but not limited to server specifications, workstations specifications, software prerequisites that would be necessary for the infusion system and its associated information support systems.

1.9. Must participate in pre-implementation meetings with VA information security professionals to review system operation to obtain an ERA. A current ERA is required for these systems to operate on the VA network

Training and Support:

Must certify local Biomedical Engineering staff to perform maintenance and repairs on all equipment.

Must provide phone technical support during normal business hours 7am-5pm CT, Mon- Fri.

Must provide a list of approved sources to purchase necessary repair parts to ensure equipment operates to original manufacturer specifications. Parts availability should be generally available next-day shipment.

Must comply with current FDA regulations pertaining to Recalls and Medical Device correction notices (site FDA regulation -- https://www.fda.gov/medical-devices/device-advice-comprehensive-regulatory-assistance/overview-device-regulation)

Must provide training for clinical users o Initial training for frontline users will be onsite and conducted by company representatives at each of the eight (8) identified VA medical facilities o Remote training must be available over digital platform, recorded and available for future reference o Must provide access to clinical user education/reference materials via online company site and physical user manual and instructions for use.

o Must have 1:1 support available o Must provide notices for software, IFU, user manuals updates o Must provide education on updates via company online site and physical user manual and instructions for use

SECTION D: LIST OF ATTACHMENTS

Attachment 1: Pricing Worksheet Attachment 2: VA Directive 6550 – Appendix A Attachment 3: NEMA MDS2 Worksheet Attachment 4: Past Performance Questionnaire Attachment 5: FDA-2006-D-0300 Radio Frequency Wireless Technology in Medical Devices - Guidance for Industry and FDA Staff Attachment 6: Commercial Subcontracting Plan Template Attachment 7: Individual Subcontracting Plan Template Attachment 8: Small Business Administration (SBA) Statutory Small Business Goals FY 2022 Attachment 9: How to Register a Company in ASSIST

SECTION E: CONTRACT CLAUSES

Clauses Incorporated by Reference

52.252-2 Clauses Incorporated by Reference (FEB 1998): This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

In addition to the applicable clauses contained in the Multiple Award Schedule base contract, the following FAR clauses are included in this purchase order emphasis of their applicability:

CLAUSES INCORPORATED BY REFERENCE:

FAR Clauses 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial

Services (Nov 2021) FAR clause 52.212-4(c) is hereby amended as follows: The Government reserves the right to issue unilateral close out modifications to close out commercial contractual agreements, after the contractor has acknowledged the order is closed and that no further liability exists on behalf of the parties. The Government also reserves the right under the unilateral close out modification to de-obligate money after full payment has been made to the contractor for their services/materials under this order.

52.202-1 Definitions (JUN 2020) 52.203-3 Gratuities (APR 1984)

52.203-7 Anti-Kickback Procedure (JUN 2020)

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEP 2007)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Jun 2020)

52.203-19 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (JAN 2017)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

52.204-5 Women-Owned Business (Other Than Small Business) (Oct 2014) 52.204-6 Unique Entity Identifier (Oct 2016) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (OCT 2020)

52.223-6 Drug Free Workplace (MAY 2001)

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representation and Certifications (JUN 2020)

52.227-14 Rights in Data – General (MAY 2014) 52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.232-8 Discounts for Prompt Payment (FEB 2002)

52.232-23 Assignment of Claims (MAY 2014) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021) 52.242-13 Bankruptcy (JUL 1995) 52.242-15 Stop Work Order (AUG 1989)

VAAR Clauses 852.211-72 Technical Industry Standards (NOV 2018) 852.212-71 Gray Market Items (APR 2020) 852.212-72 Gray market and Counterfeit Items (MAR 2020) 852-219-71 VA Mentor-protégé Program (DEC 2009)

GSAM Clauses:

552.212-72 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to GSA Acquisition of Commercial Items (JAN 2022)

Clauses Incorporated by Full Text

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Products and Commercial Services (MAY 2022)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

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

[Contracting Officer check as appropriate.]

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

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

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

(5) [Reserved].

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

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

(8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

(10) [Reserved].

(11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15 U.S.C. 657a).

(12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(13) [Reserved]

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

644).

(ii) Alternate I (Mar 2020) of 52.219-6.

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

644).

(ii) Alternate I (Mar 2020) of 52.219-7.

(16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.

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

(17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) (15 U.S.C.

637(d)(4)).

(ii) Alternate I (Nov 2016) of 52.219-9.

(iii) Alternate II (Nov 2016) of 52.219-9.

(iv) Alternate III (Jun 2020) of 52.219-9.

(v) Alternate IV (Sep 2021) of 52.219-9.

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

(ii) Alternate I (Mar 2020) of 52.219-13.

(19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C. 637s).

(20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C.

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

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (Sep 2021) (15 U.S.C. 657f).

(22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (Mar 2020) of 52.219-28.

(23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Sep 2021) (15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Sep 2021) (15 U.S.C. 637(m)).

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

(26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

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

(28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (E.O.13126).

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

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

(ii) Alternate I (Feb 1999) of 52.222-26.

(31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(ii) Alternate I (Jul 2014) of 52.222-35.

(32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(ii) Alternate I (Jul 2014) of 52.222-36.

(33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

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

(35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

(36) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

(37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA– Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

(39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

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

(ii) Alternate I (Oct 2015) of 52.223-13.

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

(ii) Alternate I (Jun2014) of 52.223-14.

(42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

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

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

(44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

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

(46) 52.223-21, Foams (Jun2016) (E.O. 13693).

v (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

(48) 52.225-1, Buy American-Supplies (Nov 2021) (41 U.S.C. chapter 83).

(49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109- 283, 110-138, 112-41, 112-42, and 112-43.

(ii) Alternate I (Jan 2021) of 52.225-3.

(iii) Alternate II (Jan 2021) of 52.225-3.

(iv) Alternate III (Jan 2021) of 52.225-3.

(50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

(51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

(55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

(56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

(59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

(61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(13)).

(63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

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

(iii) Alternate II (Nov 2021) of 52.247-64.

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

[Contracting Officer check as appropriate.]

(1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

(4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

(5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(7) 52.222-55, Minimum Wages Under Executive Order 13658 (Jan 2022).

(8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O.

13706).

(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

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

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).

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

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.

793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

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

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

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

(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Jan 2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O.

13706).

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

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

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

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

52.246-2 INSPECTION OF SUPPLIES—FIXED-PRICE (AUG 1996)

(a) Definition. “Supplies,” as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires.

The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor’s or subcontractor’s premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(e)(1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either (1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(i)(1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time—

(i) When Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract; and

(ii) When the supplies will be ready for Government inspection.

(2) The Government’s request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor’s plant, nor more than 7 workdays in other instances.

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance.

Acceptance shall be conclusive, except for latent defects, from, gross mistakes amounting to from, or as otherwise provided in the contract.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor’s plant at the Contracting Officer’s election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor’s plant and return to the original point when that point is not the Contractor’s plant. If the Contractor fails to perform or act as required in paragraph (l)(1) or (l)(2) of this clause and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.

(End of clause)

52.232-1 PAYMENTS (APR 1984)

The Government shall pay the Contractor, upon the submission of proper invoices or vouchers, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract. Unless otherwise specified in this contract, payment shall be made on partial deliveries accepted by the Government if—

The amount due on the deliveries warrants it; or

The Contractor requests it and the amount due on the deliveries is at least $1,000 or50 percent of the total contract price.

(End of Clause)

52.246-16 RESPONSIBILITY FOR SUPPLIES. (APR 1984)

Title to supplies furnished under this contract shall pass to the Government upon formal acceptance, regardless of when or where the Government takes physical possession, unless the contract specifically provides for earlier passage of title.

Unless the contract specifically provides otherwise, risk of loss of or damage to supplies shall remain with the Contractor until, and shall pass to the Government upon— Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or Acceptance by the Government or delivery of the supplies to the Government at the destination specified in the contract, whichever is later, if transportation is f.o.b. destination.

Paragraph (b) of this clause shall not apply to supplies that so fail to conform to contract requirements as to give a right of rejection. The risk of loss of or damage to such nonconforming supplies remains with the Contractor until cure or acceptance. After cure or acceptance, paragraph (b) of this clause shall apply.

Under paragraph (b) of this clause, the Contractor shall not be liable for loss of or damage to supplies caused by the negligence of officers, agents, or employees of the Government acting within the scope of their employment.

(End of clause)

52.246-17 Warranty of Supplies of a Noncomplex Nature (June 2003)

(a) Definitions. As used in this clause- Acceptance means the act of an authorized representative of the Government by which the

Government assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as partial or complete performance of the contract.

Supplies means the end items furnished by the Contractor and related services required under this contract. The word does not include "data."

(b) Contractor’s obligations.

(1)…