RFQ W912PQ24Q0021.pdf

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Laboratory Services New York Army National Guard
Solicitation number
W912PQ24Q0021
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This document is a Request for Quote (RFQ) for Laboratory Services for the New York Army National Guard (NYARNG). The RFQ provides a Performance Work Statement (PWS) detailing the requirements for the contractor to provide laboratory testing services, specimen pick-up and transport, and related services. The key requirements include performing a variety of laboratory tests such as G6PD, lipid panels, drug screenings, and other common medical tests. The contractor must provide pick-up services at specified locations across New York and have the capability to perform testing at their own laboratory facilities. The RFQ includes an estimated workload breakdown by test type and location to allow offerors to provide pricing. Pricing is requested for a base year and two 12-month option periods. The RFQ is set aside for small business concerns, with award to be made to the lowest priced offeror meeting all requirements. Quotes are due by 20 May 2024 at 10:00 AM.

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Amendment 0001 RFQ W912PQ24Q0021.pdf PDF
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SEE ADDENDUM

(No Collect Calls)

W912PQ24Q0021 02-May-2024

b. TELEPHONE NUMBER

518-786-4739

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 20 May 2024

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.

W912PQ9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ANDREW EMRICH

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

0012074613-0001

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USPFO NY PURCHASING & CONTRACTING

330 OLD NISKAYUNA ROAD

LATHAM NY 12110-2224

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 W56PPG 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

W8BN NYARNG ELEMENT, JF HQ

W8BN NYARNG ELEMENT, JF HQ

330A OLD NISKAYUNA ROAD

LATHAM NY 12110-2299

TEL: 518-272-3700 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$41,500,000

NAICS:

621511

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 OF78

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.

W912PQ24Q0021

Section SF 1449 - CONTINUATION SHEET

PWS

PERFORMANCE WORK STATEMENT (PWS)

FOR

LABORATORY SERVICES

1.0 General:

1.1 Scope: The contractor shall provide all personnel, equipment, tools, materials, supervision, and quality control necessary, except as specified in Paragraph 3.0 as Government Furnished, to perform Laboratory testing, pick up and transport of specimens Services, as defined in this PWS.

1.1.1 Objectives: Laboratory Testing services for the New York Army National Guard

(NYARNG).

1.2 Background: Individual medical preparedness is vital for force health protection.

Laboratory testing for G6PD deficiency, Lipid Panels and other blood work are required by DoD and NYARNG.

1.3 Period of Performance (PoP): The Period of Performance shall be 1 Base Period of 12 months and Two 12-month option periods. Beginning 01 June 2024-31 May 2025.

1.4 General Information:

1.4.1 Place and Performance of Specimen Pick-up Services: The contractor shall provide pickup services from secured specimen lock box provided by the contractor between the hours of 0730-1630 on (Monday through Saturday) with or without presence of OSS staff required, except on recognized US holidays or when the Government facility/installation is closed due to local or national emergencies, administrative closings, or similar Government-directed facility/installation closings.

Specimen Pick-up and lock boxes shall be primarily at the following locations:

a. Watervliet Arsenal, Bldg 40-4, 1 Buffington St, Watervliet, NY 12189.

b. Army Aviation Support Facility AASF#3, 330 Old Niskayuna Rd, Latham, NY 12110

c. Army Aviation Support Facility AASF#2, 76 Patriot Way, Rochester, NY 14624

d. Camp Smith Training Site (CSTS), Cortlandt Manor, NY 10567

e. Fort Drum, MATES, 4900 Tank Trail, Watertown, NY 13602

f. Army Aviation Support Facility AASF#3, 201 Schaffer Drive, Ronkonkoma NY 11779-7302

g. Masten Ave Armory 27 Masten Ave, Buffalo, NY 14204

1.4.1 Place and Performance of Laboratory Services: Laboratory Analysis will be conducted by the contractor at the contractors Laboratory. The contractor shall provide services between the hours of 0900-1700 on Monday through Saturday except on recognized US holidays. The contractor shall at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the work force are essential.

1.4.1.1 Telework: The Government does not permit the contractor to telework in support of this requirement. In furtherance of Continuity of Operations Planning (COOP), a telework program may be enacted to ensure that the Government's mission-critical operations stay operational during times of national emergency or incidents of national significance. Telework shall be at no additional cost to the Government.

1.4.1.2 Unscheduled gate closures by the Security Police may occur at any time causing all personnel entering or exiting a closed installation to experience a delay. This cannot be predicted or prevented. Contractors are not compensated for unexpected closures or delays. Vehicles operated by contractor personnel are subject to search pursuant to applicable regulations. Any moving violation of any applicable motor vehicle regulation may result in the termination of the contractor employee’s installation driving privileges.

1.4.1.3 The contractor’s employees shall become familiar with and obey the regulations of the installation: including fire, traffic, safety, and security regulations while on the installation. Contractor employees should only enter restricted areas when required to do so and only upon prior approval. All contractor employees shall carry proper identification with them at all times and shall be subject to such checks as may be deemed necessary. The contractor shall ensure compliance with all regulations and orders of the installation, which may affect performance. The Government reserves the right to direct the removal of an employee from Government property or revoke access to Government systems for misconduct, security reasons, or any overt evidence of communicable disease. Removal of contractor employees for reasons stated above does not relieve the Contractor from responsibility for total performance of this contract.

1.4.2 Recognized Holidays: The following are recognized United States (US) holidays.

The contractor shall not pick up specimens on these days:

1.4.2.1 New Year’s Day: January 1st

1.4.2.2 Martin Luther King, Jr.’s Birthday

1.4.2.3 President’s Day

1.4.2.4 Memorial Day

1.4.2.5 Juneteenth National Independence Day: June 19th

1.4.2.6 Independence Day: July 4th

1.4.2.7 Labor Day

1.4.2.8 Columbus Day

1.4.2.9 Veteran’s Day: November 11th

1.4.2.10 Thanksgiving Day

1.4.2.11 Christmas Day: December 25th

1.4.3 Quality Control (QC): The contractor shall develop and maintain an effective QC Plan (QCP) to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s QCP is the means by which it assures itself that its work complies with the requirements of the contract. As a minimum, the contractor shall develop QC procedures that address the areas identified in Technical Exhibit 1, Performance Requirements Summary (PRS). A final QCP shall be submitted to the Contracting Officer Representative (Government POC) NLT 10 days after contract award. After acceptance of the QCP, the contractor shall obtain the Contracting Officer’s (KO’s) acceptance in writing of any proposed changes to its QCP.

1.4.4 Quality Assurance (QA): The Government will evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government will do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and acceptable quality level(s) or defect rate(s).

1.4.5 Installation Access and Security Requirements. The contractor shall comply with all applicable installation/facility access and local security policies and procedures, which may be obtained from the Government POC. The contractor and all associated subcontractor employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services, or Security Office. The contractor shall ensure compliance with all personal identity verification requirements as directed by Department of Defense (DoD), Headquarters Department of Army (HQDA) and/or local policy (see PWS 6.0). Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes.

1.4.5.1 (Not Applicable)

1.4.5.1.1 (Not Applicable)

1.4.5.1.2 (Not Applicable)

1.4.5.1.3 (Not Applicable)

1.4.5.1.4 (Not Applicable)

1.4.5.1.5 (Not Applicable)

1.4.5.1.6 The contractor shall obtain an Army Knowledge Online (AKO) email address for each applicant, including subcontractors, who may be deployed or require logical access to a Government computer network. Note: If employees of a contractor lose the privilege to access AKO, they lose the ability to renew their CAC. Therefore, it is critical that contractor employees maintain their AKO accounts.

1.4.5.2 For contractors that do not require a CAC, but require access to a DoD facility or installation: Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification (NCIC-III) and Terrorist Screening Database (TSDB) (Army

Directive 2014-05), and applicable installation, facility and area commander installation/facility access, and local security policies and procedures (provided by a Government representative).

1.4.5.3 Awareness Training (AT) Level 1: All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, and controlled access areas shall complete AT Level 1 training within 30 calendar days after contract start date and within 30 calendar days of new employees commencing performance. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee to the KO within 15 calendar days after completion of training by each employee or subcontractor personnel. AT Level 1 awareness training is available at the following website:

https://jko.jten.mil/courses/atl1/launch.html.

1.4.5.4 iWATCH Training: The contractor and all associated subcontractors with an area of performance within an Army-controlled installation, facilities or area shall brief all employees on the local iWATCH program (training standards provided by the requiring activity Antiterrorism Officer (ATO)). This local developed training shall be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the Government POC or the KO. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance. The contractor shall report completion for each contractor employee and subcontractor employee to the KOwithin 15 calendar days after completion of training.

1.4.5.5 Communications Security/Information Technology (COMSEC/IT) Security. All communications with DoD organizations are subject to COMSEC review. All telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. DoD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DoD organizations. Therefore, the contractor is advised that any time contractor personnel place or receive a call they are subject to COMSEC procedures. The contractor shall ensure wide and frequent dissemination of the above information to all employees dealing with DoD information. The contractor shall abide by all Government regulations concerning the authorized use of the Government's computer network, including the restriction against using the network to recruit Government personnel or advertise job openings.

1.4.5.6 (Not Applicable)

1.4.5.6.1 (Not Applicable)

1.4.5.6.2 (Not Applicable)

1.4.5.6.3 (Not Applicable)

1.4.5.6.4 (Not Applicable)

1.4.5.6.5 Practice safe network and Internet operating principles and take no actions that threaten the integrity of the system or network.

1.4.5.7 (Not Applicable)

1.4.5.7 (Not Applicable)

1.4.5.8 (Not Applicable)

1.4.5.9 (Not Applicable)

1.4.5.10 Protection of Personally Identifiable Information (PII). The contractor shall protect all PII encountered in the performance of services in accordance with Defense Federal Acquisition Regulation Supplement (DFARS) 224.103 Personally Identifiable Information and Department of Defense Directive (DoDD) 5400.11, Department of Defense Privacy Program, and DoD 5400.11-R. If a PII breach results from the contractor’s violation of the aforementioned policies, the contractor shall bear all notification costs, call-center support costs, and credit monitoring service costs for all individuals whose PII has been compromised.

1.4.5.11 OPSEC Training: In accordance with AR 530-1, Operations Security, new contractor employees shall complete Level I OPSEC training within 30 calendar days of their reporting for duty and annually thereafter. The contractor shall submit certificates of completion for each contractor employee to the KO within 15 calendar days after completion of training. Level 1 OPSEC training is available at https://securityawareness.usalearning.gov/opsec/index.htm.

1.4.5.12 OPSEC SOP/Plan. (Not Applicable)

1.4.5.13 (Not Applicable)

1.4.5.14 (Not Applicable)

1.4.6 Physical Security. The contractor shall safeguard all Government property provided for contractor use. At the close of each work period, Government facilities, equipment and materials shall be secured.

1.4.6.1 Key Control. (Not Applicable)

1.4.6.1.1 (Not Applicable)

1.4.6.1.2 (Not Applicable)

1.4.6.1.3 (Not Applicable)

1.4.6.2 (Not Applicable)

1.4.7 Special Qualifications: The contractor shall ensure all employees possess all required licenses for testing specimens required in performance of this contract. This does not include education or other qualifications for the position in which the contractor employee is performing, dress codes, or other information. (NOTE: The Government does not provide training to contractors. Contractors must ensure that any personnel performing under a contract are fully trained, licensed, certified, and otherwise qualified to provide services.)

1.4.8 Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the KO in accordance with FAR 42.5.

The KO, Government POC, and other Government personnel, as appropriate, may meet periodically with the contractor to review the contactor’s performance. At these meetings, the KO will apprise the contractor of how the Government views the contractor’s performance and the contractor shall apprise the Government of problems, if any, being experienced. The contractor shall resolve outstanding issues raised by the Government. Contractor attendance at these meetings shall be at no additional cost to the Government.

1.4.9 Contract Manager (CM): The contactor shall designate a CM who shall ensure performance under this contract. The name of this person, and an alternate who shall act for the contractor when the CM is absent, shall be designated in writing to the KO.

The CM or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The CM shall work through the KO to resolve issues, receive technical instructions, and ensure adequate performance of services. The CM shall ensure that contractor employees do not perform any services outside the scope of the contract without an official modification issued by the KO. The CM shall ensure contractor employees understand that services performed outside the scope of the contract are performed wholly at the expense of the contractor.

1.4.10 Identification of Contractor Employees: All contractor personnel attending meetings, answering Government telephones and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression that they are Government employees. The contractor shall ensure that all documents or reports produced by contractor personnel are suitably marked as contractor products or that contractor participation is appropriately disclosed. The contractor’s status as a “contractor” shall be predominantly displayed in all correspondence types (to include signature blocks on e-mail) and dealings with Government or non-Government entities. Contractor personnel shall wear identification badges distinguishing themselves as such. The badges shall have the company name, employee name and the word “contractor” displayed.

1.4.10.1 The contractor shall retrieve all identification media (including vehicle passes) from its employees who depart employment for any reason. The contractor shall return all identification media (i.e., badges and vehicles passes) to the KO within 14 days of an employee’s departure.

1.4.11. Combating Trafficking in Persons: The United States Government has adopted a zero-tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not engage in severe forms of trafficking in persons during the period of performance of the contract; procure commercial sex acts during the period of performance of the contract; or use forced labor in the performance of the contract. The Contractor shall notify its employees of the United States Government’s zero tolerance policy, the actions that will be taken against employees for violations of this policy. The contractor shall take appropriate action, up to and including termination, against employees or subcontractors that violate the US Government policy as described at

FAR 22.17.

1.4.12 Contractor Travel (Not Applicable)

1.4.13 Data Rights (Not Applicable)

1.4.14 Organizational Conflicts of Interest (OCI): The contractor and subcontractor personnel performing services under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent OCIs, as defined in FAR Subpart 9.5. The contractor shall notify the KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the KO to avoid or mitigate any such OCI. The contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO. In the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may impose other remedies as he or she deems necessary, including prohibiting the contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.4.15 Phase In / Phase Out Periods (Not Applicable)

2.0 Definitions and Acronyms:

2.1 Definitions:

2.1.1 Contractor: A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

2.1.2 Defective Service: A service output that does not meet the standard of performance associated with the PWS.

2.1.3 Deliverable: Anything that can be physically delivered and includes non-manufactured things such as meeting minutes or reports.

2.1.4 Key Personnel: Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.5 Physical Security: Actions that prevent the loss or damage of Government property.

2.1.6 Quality Assurance: The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.7 Quality Assurance Surveillance Plan (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.8 Quality Control: All necessary measures taken by the Contractor to ensure that the quality of an end product or service shall meet contract requirements.

2.1.9 Subcontractor: One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.2 Acronyms:

AEI Army Enterprise Infostructure AR Army Regulation AT/OPSEC Antiterrorism/Operational Security BI Background Investigation CM Contract Manager COR Contracting Officer Representative DA Department of the Army DD254 Department of Defense Contract Security Classification Specification DFARS Defense Federal Acquisition Regulation Supplement DoD Department of Defense DSCA Defense Counterintelligence and Security Agency FAR Federal Acquisition Regulation GFP/M/E/S Government Furnished Property/Material/Equipment/Services HQDA Headquarters, Department of the Army HSPD Homeland Security Presidential Directive IA Information Assurance IS Information System(s) KO Contracting Officer NGB National Guard Bureau OCI Organizational Conflict of Interest PII Personally Identifiable Information PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program SCR Service Contract Reporting SSN Social Security Number

TE Technical Exhibit USD(I) Under Secretary of Defense for Intelligence

3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S):

The Government will provide the property, material, equipment, and/or services listed below solely for the purpose of performance under this contract:

3.1 Property: (Not Applicable)

3.2 Materials: Testing Specimens

3.3 Equipment: (Not Applicable)

3.4 Services: Laboratory

3.5 Utilities: (Not Applicable)

4.0 Contractor Furnished Property, Materials, and Equipment (CFP/M/E): printers (1 per primary site as detailed in 1.4.1) for printing the lab requisitions, vials for blood collection, needles, printer paper/labels

4.1 General: Except for those items specifically stated to be Government-Furnished in Paragraph 3.0, the contractor shall furnish everything required to perform these services as indicated in Paragraph 1.1.

4.2 Secret Facility Clearance: (Not Applicable)

4.3 Contractor Security Clearance: (Not Applicable)

5.0 Requirements: The contractor shall:

5.1 Services: Contractor shall perform the following Laboratory Tests as needed:

1. Glucose-6-Phospate Dehydrogenase, RBC (G-6-PD RBC)

2. Blood Group and Rh factor

3. Lipid Panel (which includes Total Cholesterol, HDL Cholesterol, LDL

Cholesterol, Cholesterol/HDL Cholesterol Ration, Calculated LDL, and Triglycerides);

4. Cholesterol, Total

5. CBC Hemogram (which includes WBC, RBC, HGB, HCT, MCV, MCH, MCHC, RDW (Red Cell Distribution Width), MPV (Mean Platelet Volume), and Platelet Count)

6. Glucose

7. Prostate Specific Antigen, Total (PSA)

8. Urinalysis Dipstick with Microscopic Reflex (includes Macroscopic and Dipstick)

9. Drug Screen, 10 Drug, without confirmation, THC cutoff at 50 ng/mL (Includes

Amphetamines, Barbiturates, Benzodiazepines, Cocaine, Marijuana (50 ng/mL Tetrahydrocannabinol screening cutoff), Methadone, Methaqualone, Opiates, Phencyclidine (PCP), and Proxyphene *no chain of custody needed)

10. Sickle Cell Screen with Reflex

11. Measles Antibody (IGG) (Rubeola Antibody IgG)

12. Mumps Antibody (IGG) (Mumps Virus Antibody, IgG)

13. Rubella Antibody (IGG)

14. Hepatitis A Virus Antibody, Total (HAV Antibody, Total)

15. Hepatitis B Core Antibody, Total (HBc Antibody, Total)

16. Liver Panel II (Includes Alanine Aminotransferase (ALT), Albumin, Alkaline

Phosphatase, Aspartate Aminotransferase (AST), Gamma Glutamyltransferase (GGT), Globulin (calculated), Lactate Dehydrogenase (LD), Total and Direct Bilirubin, and Total Protein)

17. Varicella-Zoster V Ab,IgG

On occasion other laboratory tests will be ordered on an as needed basis to support NYARNG medical readiness requirements.

5.1.1 Contractor shall be licensed by the State of New York to provide the specific services required.

5.1.2 Contractor will provide monthly invoices for services rendered to NYARNG Medical Detachment prior to payment being made. The Contractor will be paid on the basis of the invoice, which must state (a) date of service rendered, type of test performed, and cost of test performed, (b) or in other formats agreed to by the contractor and contracting office. All invoices shall be submitted in PIEE/WAWF.

5.1.3 Contractor will be required to pick up samples within 24-hours of notice from OSS staff. Primarily, samples will be collected from secured specimen lock boxes provided by the contractor with or without presence of OSS staff. At minimum once a month, the contractor will be required to provide courier services to support OSS medical events, transport and test specimens in multiple locations across New York State. Common locations listed in, but not limited to item 1.4.1 titled “Places of Performance”.

5.1.4 Contractor will be required to provide at a minimum one satellite lab service center with the ability to provide walk-in and appointment laboratory services in each of the five Joint Operation Areas (JOA) seen in enclosure 1.

5.1.5 Analyze and result samples with standard of 99.5% tested with no more than 2% error.

5.1.6 Record the results and reports to NYARNG Medical Detachment within 48 hours of specimen pick up and testing by online portal services or email and fax.

5.1.7 Contractor will provide instruction to Medical Command on how to label the sample containers and what specific tubes are required for each specific individual test and how to fill out the Contractors requisition (lab order) forms, so that prompt and accurate Lab testing can be completed on the samples that are provided.

5.1.8 Contractor will be required to provide digital copies of all lab results processed during the entirety of full contract or termination of contract.

5.2 Contractor Manpower Reporting Application (CMRA): (Not Applicable)

6.0 Applicable Publications: Publications applicable to this PWS are listed below:

Publication (Chapter/Page)

Date of Publicatio n

Mandator y or

Advisory

Website

Federal Acquisition Regulation https://www.acquisition.gov/?q=browsefar Defense Federal Acquisition

Regulation Supplement http://www.acq.osd.mil/dpap/dars/dfarspgi/c urrent/index.html or https://www.acquisition.gov/dfars

Joint Travel Regulation (JTR) https://www.defensetravel.dod.mil/site/trave lreg.cfm

DoDM 1000.13-M-V1 DoD Identification (ID) Cards (Enclosure 2, paragraph 3.b)

01/23/201

(Change 1:

07/28/202 0) http://www.esd.whs.mil/Directives/issuance s/dodm

Federal Information Processing Standards (FIPS) Publication

201-2 Personal Identity Verification (PIV) of Federal Employees and Contractors (paragraph 9)

August http://nvlpubs.nist.gov/nistpubs/FIPS/NIST.

FIPS.201-2.pdf

DoDM 5200.2 Procedures for the DoD Personnel Security

Program (PSP)

04/03/201 https://www.esd.whs.mil/Directives/issuanc es/dodm/

DoDI 5200.46

DoD Investigative and Adjudicative Guidance for

Issuing the Common Access Card (CAC)

09/09/14 (Change

1:

05/04/201

8) es/dodi/

Homeland Security Presidential Directive (HSPD)-12 Policy for a Common

Identification Standard for Federal Employees and

Contractors

08/27/200 https://www.dhs.gov/homeland-security-presidential-directive-12

DoDI 5400.11 Department of Defense Privacy and Civil Liberties Programs

01/29/201 es/dodi/

DoD 5400.11-R

Department of Defense Privacy Program

05/14/200

DoDD 8140.01

Cyberspace Workforce Management

10/05/202 es/dodd/

DoD 8570.01-M

Information Assurance Workforce Improvement

Program

12/19/200 5 (Change

4:

11/10/201

5)

DoD 5220.22-M National Industrial Security Program Operating Manual

(NISPOM)

02/28/200

(Change 2:

05/18/201 6)

Army Directive 2014-05 Policy and Implementation Procedures for Common

Access Card Credentialing and Installation Access for Uncleared Contractors

03/07/201 https://armypubs.army.mil/ProductMaps/Pu bForm/ArmyDir.aspx

AR 25-2

Information Assurance

04/04/201 http://armypubs.army.mil/ProductMaps/Pub Form/AR.aspx

AR 530-1

Operations Security

09/26/201 http://armypubs.army.mil/ProductMaps/Pub Form/AR.aspx

AR 525-13

Antiterrorism

12/09/201 http://armypubs.army.mil/ProductMaps/Pub Form/AR.aspx

AR 381-12

Threat Awareness and

Reporting Program (TARP) (Section II, ¶ 2-4.b)

06/01/201 http://armypubs.army.mil/ProductMaps/Pub Form/AR.aspx

6.1 Applicable Forms: Forms applicable to the PWS are listed below:

Form Date Website DD 1172-2 Mar 2017 http://www.dtic.mil/whs/directives/forms/index.htm

Application for Identification Card/DEERS Enrollment

I-9 Employment Eligibility

Verification

10/21/201 https://www.uscis.gov/sites/default/files/files/form/i- 9.pdf

DD 441

Department of Defense Security Agreement

Feb 2020 http://www.dtic.mil/whs/directives/forms/dd/ddforms 0001-0499.htm

DD 250

Material Inspection and

Receiving Report

Aug 2000 https://www.esd.whs.mil/Directives/forms/dd0001_0 499/

TECHNICAL EXHIBIT 1

Performance Requirements Summary (PRS)

This PRS includes performance objectives the Government will use to determine contractor performance and will compare contractor performance to the Acceptable Quality Level (AQL).

Performance

Objective Performance Standard Acceptable Quality

Levels (AQL) Surveillance Method /

By Whom 4.0

Supplies Contractor will provide all supplies need to perform services listed in 3.4 on demand (see TE 3 for estimates)

Receives supplies with-in 48 hrs of notification

Periodic Inspection / Government POC

5.1 Instructions

Contractor will provide instruction to Medical Command on how to label the sample containers

No more than 2% error

Periodic Inspection / Government POC

5.1.1 Licensing

Contractor shall be licensed by the State of New York to provide the specific services required.

License must be valid for length of contract

Initial yearly Inspection / Government POC

5.1.2 Invoices

Contractor will provide monthly invoices for services rendered to NYARNG Medical

Command

Receive Invoice no later than 30 days after end of month services

Government POC

5.1.3 Pick-up

Contractor will be required to pick up samples

Pick up samples with in 24 hour notice

Periodic Inspection / Government POC

5.1.4 Laboratory Analysis

Conduct analysis of samples for an array of tests as determined in section 3.4 at licensed laboratory

99.5% tested with no more than 2% error.

Periodic Inspection / Government POC

TECHNICAL EXHIBIT 2

Deliverables Schedule

PWS

Reference /

Deliverable Title

Frequency Number of Copies

Medium/Format Submit To

5.1.5 Results

48 hours after sample pick up

1 Electronic, Mail if requested

NYARNG

Medical

Command

1.4.5.3 AT Level

1 Awareness Training

Certificates

Provide within 15 calendar days after employee completes training.

1 Electronic Submission

Government

POC

1.4.5.4 iWATCH Training

Certificates

Provide within 15 calendar days after employee completes training.

1 Electronic Submission

Government

POC

1.4.10 Identification

Media

Return within 14 days of employee’s departure from contract performance.

Original(s) Hard Copy KO

TECHNICAL EXHIBIT 3

Estimated Workload Data

This information is provided for historical background only. It is not a guarantee of workload quantities

ITEM NAME ANNUAL ESTIMATED

QUANTITY

1 Glucose-6-Phospate Dehydrogenase, RBC (G-6-PD RBC) 1,201

2 Blood Group and Rh factor 394 3 Lipid Panel, Cholesterol, Total 177 4 CBC Hemogram 110 5 Glucose 111 6 Prostate Specific Antigen, Total (PSA) 6 7 Urinalysis Dipstick with Microscopic

Reflex 105 8 Pregnancy Test 12 9 Comp Metabolic Panel 23 10 Drug Screen 51 11 Sickle Cell Screen with Reflex 3,025 12 Measles Antibody (IGG) (Rubeola

Antibody IgG) 1 13 Mumps Antibody (IGG) (Mumps Virus

Antibody, IgG) 1 14 Rubella Antibody (IGG) 1 15 Hepatitis A Virus Antibody, Total (HAV

Antibody, Total) 5 16 Hepatitis B Core Antibody, Total (HBc

Antibody, Total) 3 17 Liver Panel II 319 18 Varicella-Zoster V Ab,IgG 226

*The above table is an estimate based off historical data. This data may not match the attached/incorporated quote evaluation sheet that utilizes an estimate of tests for each potential sight.

TEST PER LOCATION BREAKDOWN

Estimated Test Per Location Breakdown sheet

Indicate Base Year, Option Year 1, Option Year 2, or is the price is the same for all three years.

Locations

Type of Test Watervliet Arsenal, Bldg 40-4, Buffington St, Watervliet

, NY

12189.

State Aviation Medical

AASF#3,

330 Old Niskayun a Rd, Latham, NY 12110

Army Aviation Support Facility, 76 Patriot Way, Rochester

, NY

14624

Camp Smith Training Site

(CSTS),

Cortland t Manor, NY

10567

Fort Drum, MATES, 4900 Tank Trail, Watertown

, NY 13602

3/142 Armory Facility 1, 201 Schaffer Drive, Ronkonkom a NY 11779-

Masten Ave Armor y 27 Masten Ave, Buffalo

, NY

14204

Glucose-6- Phospate Dehydrogenase

, RBC (G-6-PD

RBC)

171 171 171 171 171 171 171

Per Test price for above test at specific location

Blood Group and Rh factor

56 56 56 56 56 56 56

Per Test price for above test

Lipid Panel, Cholesterol, Total

25 25 25 25 25 25 25

Per Test price for above test

CBC

Hemogram

15 15 15 15 15 15 15

Per Test price for above test

Glucose 15 15 15 15 15 15 15

Per Test price for above test

Prostate Specific Antigen, Total

(PSA)

1 1 1 1 1 1 1 for above test

Urinalysis Dipstick with Microscopic Reflex

15 15 15 15 15 15 15

Per Test price for above test

Pregnancy Test

2 2 2 2 2 2 2

Per Test price for above test

Comp Metabolic Panel

3 3 3 3 3 3 3

Per Test price for above test

Drug Screen 7 7 7 7 7 7 7 for above test

Sickle Cell Screen with Reflex

432 432 432 432 432 432 432

Per Test price for above test

Measles Antibody

(IGG)

(Rubeola Antibody IgG)

1 1 1 1 1 1 1

Per Test price for above test

Mumps

(IGG) (Mumps Virus Antibody, IgG)

1 1 1 1 1 1 1

Per Test price for above test

Rubella

(IGG)

1 1 1 1 1 1 1

Per Test price for above test

Hepatitis A Virus Antibody, Total (HAV Antibody, Total)

1 1 1 1 1 1 1

Per Test price for above test

Hepatitis B Core Antibody, Total (HBc Antibody, Total)

1 1 1 1 1 1 1

Per Test price for above test

Liver Panel II 45 45 45 45 45 45 45 for above test

Varicella- Zoster V Ab,IgG

32 32 32 32 32 32 32

Per Test price for above test

Total Price for each location

Total Price for the entire year of estimated testing

The above number of tests per location are an estimate.

These numbers are for evaluation purposes only, to allow for accurate quotes taking into account the different testing locations.

Provide Minimum of 1 walk in clinic address for each of the below JOA regions:

Per PWS 5.1.4.

JOA Region map included in the SAM.gov posting.

JTF-1(NYC)/(LI):

JTF:2

JTF:3

JTF-4:

JTF-5:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Lab Services Base Year

FFP

To provide all labor, materials, and services to perform the requirements as stated in the attached Performance Work Statement.

Utilize the incorporated Estimated Test Per Location Breakdown sheet to formulate your quote. Please include per location prices with the estimated tests per location and the cost to complete all the estimated test for the entire base year. Also include a minimum of 1 walk in clinic address for each JOA region. Please complete and submit one sheet for the base year, option year 1, and option year 2.

This sheet is incorporated in the RFQ and is included in the SAM. gov posting for convivence.

Basis of award will be the lowest price that meets all the requirements of the Solicitation and Performance Work Statement.

Wage Determination 2015-4143 Revision 26 dated 26 December 2023 applies and is incorporated.

Payment will be monthly, based on the quantity of lab tests completed and prices quoted.

FOB: Destination MFR PART NR: Varies VENDOR PART NR: Varies

PURCHASE REQUEST NUMBER: 0012074613-0001

PSC CD: Q301

NET AMT

1001 1 Job OPTION Lab Services Option Year 1

FFP

To provide all labor, materials, and services to perform the requirements as stated in the attached Performance Work Statement.

Utilize the incorporated Estimated Test Per Location Breakdown sheet to formulate your quote. Please include per location prices with the estimated tests per location and the cost to complete all the estimated test for the entire base year. Also include a minimum of 1 walk in clinic address for each JOA region. Please complete and submit one sheet for the base year, option year 1, and option year 2.

This sheet is incorporated in the RFQ and is included in the SAM. gov posting for convivence.

Basis of award will be the lowest price that meets all the requirements of the Solicitation and Performance Work Statement.

Wage Determination 2015-4143 Revision 26 dated 26 December 2023 applies and is incorporated.

Payment will be monthly, based on the quantity of lab tests completed and prices quoted.

FOB: Destination MFR PART NR: Varies VENDOR PART NR: Varies

2001 1 Job OPTION Lab Services Option Year 2

FFP

To provide all labor, materials, and services to perform the requirements as stated in the attached Performance Work Statement.

Utilize the incorporated Estimated Test Per Location Breakdown sheet to formulate your quote. Please include per location prices with the estimated tests per location and the cost to complete all the estimated test for the entire base year. Also include a minimum of 1 walk in clinic address for each JOA region. Please complete and submit one sheet for the base year, option year 1, and option year 2.

This sheet is incorporated in the RFQ and is included in the SAM. gov posting for convivence.

Basis of award will be the lowest price that meets all the requirements of the Solicitation and Performance Work Statement.

Wage Determination 2015-4143 Revision 26 dated 26 December 2023 applies and is incorporated.

Payment will be monthly, based on the quantity of lab tests completed and prices quoted.

FOB: Destination MFR PART NR: Varies VENDOR PART NR: Varies

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 1001 Destination Government Destination Government 2001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-JUN-2024 TO

31-MAY-2025

N/A W8BN NYARNG ELEMENT, JF HQ

W8BN NYARNG ELEMENT, JF HQ

330A OLD NISKAYUNA ROAD

LATHAM NY 12110-2299

518-272-3700 FOB: Destination

W56PPG

1001 POP 01-JUN-2025 TO

31-MAY-2026

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-JUN-2026 TO

31-MAY-2027

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

SEP 2023

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2023

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-14 Limitations On Subcontracting OCT 2022 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies FEB 2024 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-41 Service Contract Labor Standards AUG 2018 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

AUG 2018

52.222-49 Service Contract Labor Standards -- Place Of Performance Unknown

MAY 2014

52.222-50 Combating Trafficking in Persons NOV 2021

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

52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements

MAY 2014

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026

JAN 2022

52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.227-1 Authorization and Consent JUN 2020 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.247-34 F.O.B. Destination NOV 1991 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

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

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7000 Buy American--Balance Of Payments Program Certificate FEB 2024 252.225-7001 Buy American and Balance of Payments Program FEB 2024 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7003 Report of Intended Performance Outside the United States and Canada--Submission with Offer

OCT 2020

252.232-7010 Levies on Contract Payments DEC 2006

CLAUSES INCORPORATED BY FULL TEXT

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS (JAN 2017)

(a) Definitions. As used in this clause-- Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

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

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with 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) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

(End of clause)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC

2014)

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.

(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

(End of provision)

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES

DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED ENTITIES (DEC 2023)

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

Kaspersky Lab covered article means any hardware, software, or service that--

(1) Is developed or provided by a Kaspersky Lab covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab covered entity.

Kaspersky Lab covered entity means--

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., "Kaspersky";

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L.

115-91) prohibits Government use of any Kaspersky Lab covered article. The Contractor is prohibited from--

(1) Providing any Kaspersky Lab covered article that the Government will use on or after October 1, 2018; and

(2) Using any Kaspersky Lab covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies a Kaspersky Lab covered article provided to the Government during contract performance, or the Contractor…

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