RFQ-10-18-011-KN.pdf

SECTION B – CONTINUATION BLOCK

B.1 PRICE SCHEDULE – NEPHROLOGY:

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6-Streamlined Procedures for Evaluation and Solicitation for Commercial Items, 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 procurement is being conducted under Simplified Acquisition procedures pursuant to the authority of FAR Subpart 13.5, Simplified Procedures for Certain Commercial Items; FAR Part 12, Acquisition of Commercial Items; and FAR 37.4 - Nonpersonal Healthcare Services, in which the contractor is an independent contractor.

The Billings Area Indian Health Service (IHS) intends to award a Firm Fixed Price Commercial Item contract in response to Request for Quotation (RFQ) 10-18-011-KN. The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-96. The solicitation is issued on an unrestricted basis. The associated North American Industry Classification System code is 621111 and the small business size standard is $11.0 million. Quotations should be prepared in accordance with Federal Acquisition Regulation 52.212-1, Instructions to Offerors – Commercial Items (JAN 2017).

One half-day clinic per month at the Fort Washakie Health Center, Fort Washakie, Wyoming and one half-day clinic per month at the Wind River Family and Community Healthcare at Arapahoe, Wyoming. Proposals must be inclusive of transportation, meals, insurance, per diem and lodging.

Schedule A – Fort Washakie Health Center, Fort Washakie, Wyoming

Item Description Qty Unit Issue Unit Price Total

01 Base Year 9 Clinic $_________ $____________

02 Option Year One 12 Clinic $_________ $____________

03 Option Year Two 12 Clinic $_________ $____________

04 Option Year Three 12 Clinic $_________ $____________

05 Option Year Four 12 Clinic $_________ $____________

SCHEDULE A TOTAL………………………………………...$_____________

Schedule B – Wind River Family and Community Healthcare, Arapahoe, Wyoming Item Description Qty Unit Issue Unit Price Total

01 Base Year 9 Clinic $_________ $____________

02 Option Year One 12 Clinic $_________ $____________

03 Option Year Two 12 Clinic $_________ $____________

04 Option Year Three 12 Clinic $_________ $____________

05 Option Year Four 12 Clinic $_________ $____________

SCHEDULE B TOTAL………………………………………...$_____________

GRAND TOTAL………………………………………………………………...$_____________

B.2 PERIOD OF PERFORMANCE:

Performance of this contract shall be from January 10, 2017 through September 30, 2018, with four 12-month options.

If the Government exercises the options pursuant to Federal Acquisition Regulation (FAR) 52.217-9, Option to Extend the Term of the Contract (MAR 2000) the period of performance shall be extended in accordance with the following schedule:

Year Option Period

Option Year One (1) October 1, 2018, through September 30, 2019 Option Year Two (2) October 1, 2019, through September 30, 2020 Option Year One (3) October 1, 2020, through September 30, 2021 Option Year One (4) October 1, 2021, through September 30, 2022

B.3 PURPOSE OF THE CONTRACT:

The purpose of this acquisition is to contract for Nephrology Services at the Wind River Service Unit, PHS Indian Health Center, Fort Washakie, Wyoming and Wind River Family and Community Healthcare, Arapahoe, Wyoming.

B.4 NON-PERSONAL HEALTHCARE SERVICE CONTRACT:

This procurement is a non-personal Healthcare service contract, as defined in FAR 37.101, under which the Contractor is an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical and professional aspects of services rendered (e.g., professional judgments, diagnosis for specific medical treatment). The Contractor shall indemnify the Government for any liability producing acts or omissions by the Contractor, its employees and agents occurring during contract performance. The Contractor shall maintain medical liability insurance, which is not less than the amount normally prevailing within the local community for the medical specialty concerned. The Contractor is required to ensure that its subcontracts for provisions of Healthcare services contain the requirements of the clause at 52.237-7, Indemnification and Medical Liability Insurance (Jan 1997).

B.5 WORK SCHEDULE:

The contractor shall provide services at the Fort Washakie Health Center, Fort Washakie, Wyoming, and the Wind River Family and Community Healthcare, Arapahoe, Wyoming.

Contract will be for one half-day (4 hour) clinic per month at each clinic. Hours and days to be scheduled with clinical staff and contractor. Any rescheduling of clinic days or times shall involve consultation with the Contractor by the Government, but shall be at the convenience of the Government. Notification of change must be given at least two (2) weeks prior to the date of change. Travel time is not included in the clinical times.

B.6 STATEMENT OF WORK:

Contractor will provide Nephrology specialty physician services in general clinic. Nephrology clinic shall be held one half day (4 hours) at each clinic per month. During each clinic the contractor will see up to 8 patients scheduled by the staff of the Fort Washakie Health Center and the Wind River Family and Community Healthcare.

ADDITIONAL REQUIREMENTS:

1. Theoretical and practical knowledge of medicine. Doctor of Medicine Degree is required.

2. Completion of the Nephrology Board Certification, approved 3-4 year Nephrology residency, or other accredited training in Nephrology or a combination of such training with appropriate experience, plus minimum of 1-2 years’ experience beyond residency training (total minimum of 5 years combined residency and experience or Certification by an American Board of Nephrology, or 5 year approved Nephrology residency and Nephrology subspecialty or other accredited training, or a combination of such training with appropriate experience.

3. Ability to get along well with other staff and patients, including those of other cultural background.

4. Ability to make appropriate referrals to other specialists/service.

5. College Education / Certified Training / Degree(s)

6. Medical Liability Insurance (FAR 37.401 (c)(d)

7. Past Work Performance This contractor will be required to abide by all the rules and regulations that govern the Privacy Act, the Indian Health Service and the Department of Health and Human Services. The primary agent/official responsible for this supervising this procurement will be Garth Reber, M.D., Chief Medical Officer/Clinical Director.

SUPERVISORY CONTROLS: Quality Assurance will be performed monthly by the CMO and the utilization nurse for the first 3 months then quarterly to assure appropriate and medically accurate information was given and documented. The primary agent/official responsible for supervising this procurement in a project officer capacity and who will be verifying that all supplies and/or services have been received and delivered will be JoLynn Davis, RN, DON/AO (Acting), Wind River Service Unit.

GUIDELINES: This contractor will be required to abide by all the rules and regulations that govern the Privacy Act, the Indian Health Service, and the Department of Health and Human Services. All new employees are required to take HIPAA and Information Systems Security Awareness (ISSA) within a few days after receiving their award letter, notice-to-proceed, access and annually thereafter. Computer access will not be granted until the ISSA training is complete.

The contractor will complete all mandatory Indian Health Service, Wind River Service Unit trainings annually. All contractors will be required to utilize the RPMS Electronic Health Record to document the patient’s problem (IPL), patient progress notes, patient orders (lab, x-ray, and pharmacy), appropriate CHS referrals and encounter coding. The contractor will be required to process all EHR notifications in a timely manner. The contractor will be required to attend Electronic Heath Record training with the Clinical Applications Coordinator. This training will be schedule during specialty clinic hours. All documentation in the Electronic Health Record must be done in a timely manner per IHS policy. Indian Child Protection and Family Violence Prevention Act: No performance under this contract will be allowed without full compliance with Indian Child Protection and Family Violence Prevention Act, Public Law 101-630 and the Indian Health Service memorandum dated February 3, 1997, Investigations on Child Care Workers.

Contractors shall ensure that he/she cooperates with and assists the Government in the conduction of any necessary background checks.

COMPLEXITY: The contractor shall take a history and perform an appropriate examination. The findings shall be correlated with the laboratory and x-ray findings. The contractor shall make a verbal report to a Government physician if needed and shall further make a written consultation in the patient’s Electronic Health Record. The written consultation shall include the findings, impression, and recommendations about the management. The Government will provide space, nursing assistance, laboratory services, x-ray services, and pharmacy.

SCOPE AND EFFECT: The Contractor shall be available for consultation by telephone and shall give recommendations to the Government physicians about management of patients seen between clinics, at no charge to the Government. The Contractor shall accept transfer for patients to his care at his private office or at a local contact hospital by formal written referral from a Government physician. Physician fees for inpatients or outpatient office visits at another facility will be paid at Medicare rate or lower In the event that an emergency admission of an eligible person occurs in a local contract hospital, and that the Contractor is responsible for the care of the patient, the preferred procedure is telephone notification and request for the authorization by an IHS physician. Such a request may be made after the admission by calling the IHS physician on call or the Chief Executive Officer. In such an emergency admission, failure to notify the Wind River Service Unit within 72 hours removes the obligation of the Indian Health Service to participate in the responsibility for payment. While the primary responsibility for notification is with the patient or the patient’s family, notification by the contractor or the hospital may often avert difficulties. Referral from one hospital to another requires the prior approval by an IHS physician. Initial oral permission is followed by written authorization by the IHS Physician.

Laboratory and other diagnostic tests including x-ray examinations shall be made in one of the Indian Health Service Centers whenever possible. The Contractor will order these tests elsewhere when they are not available at the Fort Washakie Health Center or Wind River Family and Community Health Care or when the patient is an inpatient at another facility under the care of the contractor. Authorization shall be obtained from the referring IHS physician before tests are scheduled.

PERSONAL CONTACTS: Chief Medical Officer/medical staff supervisor, medical staff, Director of Nursing, Clinical Nursing, Public Health Nursing, and utilization R.N.. Personal contacts are with patients, their families, and clinical personnel.

PURPOSE OF CONTACTS: To provide nephrology specialty services for patients onsite at Fort Washakie Health Center and Wind River Family and Community Healthcare for patients with Healthcare needs.

PHYSICAL DEMANDS: The work requires moderate physical exertion and stamina, extensive walking, standing, bending, and similar activities. May be required to move or lift patients from time to time. Will be required to work extended hours with brief rest intervals.

WORK ENVIRONMENT: The work requires moderate physical exertion and stamina, extensive walking, standing, bending, and similar activities. May be required to move or lift patients from time to time. Will be required to work extended hours with brief rest intervals.

B.7 GOVERNMENT FURNISHED PROPERTY

The IHS shall provide all necessary equipment and supplies. The Service Unit will be responsible for getting the Contractor access and clearance to all computer services necessary to carry out his/her duties.

B.8 COMPUTER SECURITY

Pursuant to the Federal Information Security Management Act of 2002 (FISMA), the contractor will be required to complete a course in Computer Security Awareness Training (CSAT). This training must be completed annually by all employees including contractors, volunteers, students, and summer externs. The Contractor will be required to comply with the Federal Information Processing Standards Publication (FIPS PUB) Number 201, "Personal Identity Verification of Federal Employees and Contractors," and the associated Office of Management and Budget

(OMB) implementation guidance for personal identity verification for all affected contractor and subcontractor personnel. Access/clearance to all pertinent computer systems, including completing the Rules of Behavior form, Security training; and if necessary, a Business Partner Interconnection Security Agreement (BPISA), should be coordinated with the Service Unit.

B.9 CONTRACTING OFFICER AUTHORITY

Authority to negotiate changes in the terms, conditions or amounts cited in this contract is reserved for the Contracting Officer.

B.10 CONTRACTING OFFICER REPRESENTATIVE (COR)

The COR shall be responsible for:

(1) Monitoring the Contractors technical progress, including surveillance and assessment of performance and recommending technical changes;

(2) Interpreting the Statement of Work;

(3) Technical evaluation as required;

(4) Technical inspections and acceptance; and

(5) Assisting the Contractor in the resolution of technical problems encountered during performance of this contract. The primary agent/official responsible for monitoring this procurement in a project officer capacity and who will be verifying that all services have been received and delivered will be JoLynn Davis, R.N., D.O.N., Clinical Nursing, Wind River Service Unit.

B.11 INVOICE SUBMISSION AND PAYMENT

The Contractor shall submit its invoice to the Wind River Service Unit, Attn: JoLynn Davis, P.O.

Box 1128 Fort Washakie, Wyoming 82514, with a courtesy copy to the Billings Area Financial Management Office. The Contractor agrees to include the following information on each invoice:

(1) Contractor’s name and address; (2) Contact name, title, and telephone number; (3) Contract Number; (4) Invoice number and date; (5) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed; (6) Remit to Address; (7) Taxpayer Identification Number (Employer Identification Number or Social Security Number); and (8) Data Universal Numbering System (DUNS) number (to ensure payment is made to the correct bank account) and vendor mailing address, as provided in the System for Award Management (SAM), formerly known as the Central Contractor Registration (CCR) database. Payment shall be made by the Billings Area Financial Management Branch, P.O. Box 36600, Billings, Montana 59107.

B.12 PRO-CHILDREN ACT:

The Contractor certifies that it will comply with the provisions of Public Law 103-227, Pro- Children Act of 1994, which imposes restrictions on smoking where federally funded children's services are provided.

B.13 CHILD CARE NATIONAL AGENCY CHECK AND INVESTIGATION (CNACI):

A CNACI must be completed for all Indian Health Service (IHS) contractor personnel within the Billings Area. Public Law (P.L.) 101-630, Indian Child Protection and Family Violence Prevention Act and P.L. 101-647, Crime Control Act of 1990, require the IHS to conduct a character and criminal history background investigation on all contractors performing services in IHS facilities. The character and background investigations will be conducted by the Wind River Service Unit. The Service Unit will conduct the character and background investigations.

Fingerprints must also be taken as part of the pre-employment process and must be completed before the physician is allowed to work.

B.14 SPECIAL CONTRACT REQUIREMENTS

Contractors cannot serve as expert witnesses in any suit against the Federal Government. Many of the IHS patients receiving services may only speak a native language and/or reside on a Native American Reservation, therefore, the Contractor must demonstrate sensitivity to cross-cultural and language differences. The Privacy Act of 1974 mandates that the Contractor maintain complete confidentiality of all administrative, medical and personnel records, and all other pertinent information that comes to his/her attention or knowledge. The Privacy Act carries both civil and criminal penalties for unlawful disclosure of records. Violation of such confidentiality shall be cause for adverse action. IHS shall provide training on the Freedom of Information Act and the Privacy Act. All IHS regulations and policies applicable to these Acts shall be enforced.

During the performance of the contract, the Contractor shall provide for the consistent performance of patient care processes according to the standards of the Accreditation Association for Ambulatory Healthcare (AAAHC), who supplies accreditation to the Wind River Service Unit. The contractor shall comply with IHS facility infection control and safety procedures, practices, and standards.

B.15 CONTRACTOR INFORMATION

Contractor Must Complete the Following Tax ID:_______________ CAGE:________________ DUNS:_______________

Point of Contact:

Name:______________ Phone: ___________ Email: _______________________

SECTION C – CLAUSES

C.1 DELIVERY ORDER TERMS AND CONDITIONS

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 addresses:

https://www.acquisition.gov/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.204-4 Printed or Copied Double-Sided on Postconsumer May 2011

Fiber Content Paper 52.204-7 System for Award Management Oct 2016 52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011 52.204-13 System for Award Management Maintenance Oct 2016 52.204-16 Commercial and Government Entity Code Reporting Jul 2016 52.204-17 Ownership or Control of Offeror Jul 2016 52.204-18 Commercial and Government Entity Code Maintenance Jul 2016 52.204-19 Incorporation by Reference of Representations and Dec 2014

Certifications 52.209-10 Prohibition on Contracting with Inverted Domestic Nov 2015

Corporations (Applies to contracts over $25,000) 52.211-16 Variation in Quantity (10% permissible variation) Apr 1984 52.212-4 Contract Terms and Conditions-Commercial Items Jan 2017 52.217-8 Option to Extend Services Nov 1999 52.223-2 Affirmative Procurement of Biobased Products Sept 2013 52.223-5 Pollution Prevention and Right-to-Know Information May 2011 52.223-6 Drug-Free Workplace May 2001 52.224-1 Privacy Act Notification Apr 1984 52.224-2 Privacy Act Apr 1984 52.227-14 Rights in Data—General May 2014 52.227-17 Rights in Data—Special Works Dec 2007 52.228-5 Insurance—Work on a Government Installation Jan 1997 52.232-18 Availability of Funds Apr 1984 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.237-2 Protection of Government Buildings, Equipment and Apr 1984

Vegetation 52.237-3 Continuity of Service Jan 1991 52.237-7 Indemnification and Medical Liability Insurance Jan 1997 52.242-15 Stop Work Order Aug 1989 52.242-17 Government Delay of Work Apr 1984 52.244-6 Subcontracts for Commercial Items Nov 2017 52.243-1 Changes – Fixed Price Alternate I (Apr 1984) Aug 1987 52.245-1 Government Property Jan 2017 52.245-9 Use and Charges Apr 2012 https://www.acquisition.gov/

DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATION

(HHSAR) (48 CFR Chapter 3) Clauses

315.215-70 Late Proposals and Revisions Dec 18, 2015 352.222-70 Contractor Cooperation in Equal Employment Dec 18, 2015

Opportunity Investigations 352.223-70 Safety and Health Dec 18, 2015 352.224-70 Privacy Act Dec 18, 2015 352.224-71 Confidential Information Dec 18, 2015 352.226-3 Native American Graves Protection and Dec 18, 2015 Repatriation Act 352.237-70 Pro-Children Act Dec 18, 2015 352.237-71 Crime Control Act – Reporting of Child Abuse Dec 18, 2015 352.237-72 Crime Control Act – Requirement for Background Dec 18, 2015

Checks 352.237-73 Indian Child Protection and Family Violence Act Dec 18, 2015 352.237-74 Non-Discrimination in Service Delivery Dec 18, 2015 352.239-73 Electronic Information and Technology Accessibility Dec 18, 2015 Notice 352.239-74 Electronic and Information Technology Accessibility Dec 18, 2015

C.2 FAR 52.212-2 EVALUATION - COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

THE CONTRACTOR SHALL PROVIDE EVIDENCE OF, OR SUBMIT A WRITTEN

RESPONSE TO, THE FOLLOWING TECHNICAL EVALUATION FACTORS: The following factors shall be used to evaluate offers:

FACTOR #1 – TECHNICAL (50 Points):

a. PROFESSIONAL EDUCATION: Offeror shall provide personnel who are a graduate of a professional school accredited by a nationally recognized body, appropriate for the offeror’s professional discipline.

b. KEY PERSONNEL: The Offeror shall describe the qualifications required of Key Personnel they propose to hire/assign to perform this SOW. If individuals are already employed, under contract, or committed should the Offeror receive the award, the Offeror shall include their CV’s, resumes, and any other documentation deemed appropriate to demonstrate the Offeror’s possession of competitively superior personnel qualifications. The Offeror may do the same for other positions the Offeror considers Key Personnel. The government reserves the right to perform prime source verification of credentials.

FACTOR #2 – PAST PERFORMANCE (50 Points) :

a. CLINICAL PRACTICE EXPERIENCE: The Offeror must describe at least 3 past experiences and current capabilities which enable the Offeror to operate a federal health program of the scope and complexity described in the statement of work, focusing on work successfully accomplished within the past 5 years. The Offeror shall cite the population served, the volume and types of services provided, the range of labor categories employed. In describing the scale of the services, the Offeror shall note the scale of services and number of full and part time staff on the project(s).

(i.e.; 2 Nephrologists located in a rural area).

b. EXPERIENCE WITH PATIENTS TO BE SERVED: Offeror must show their past and current professional experience dealing with American Indians and Alaska Natives and/or experience in providing services on a reservation or in remote locations. Offeror must describe their experience or training in cultural sensitivity related to American Indians and Alaska Natives.

In evaluating past performance the Government may also use information from its own files, information provided by the offeror, or from any other sources it deems appropriate. Offerors will be given the opportunity to clarify information concerning the relevancy of an offeror’s past performance information, and any adverse past performance information to which the offeror has not previously had an opportunity to respond. If the offeror has no relative past performance, they shall affirmatively state so. NOTE: The Government reserves the right to contact any reference provided by the offeror in evaluating the offeror’s past performance. Furthermore, the Government reserves the right to use any information that comes to the attention of the Government in evaluating the offeror.

FACTOR #3 – COST/PRICE

Price is not assigned an adjectival rating or scored. It will be evaluated to determine whether it is reasonable and if the quotation reflects an understanding of the requirement. This factor will be evaluated utilizing price analysis techniques identified in FAR Part 15.404-1. Analysis will include review of price reasonableness and balanced pricing. Offerors are cautioned that "materially unbalanced" prices and/or unreasonably high or low prices may cause your quotation to be deemed unacceptable and rejected. Technical and past performance, when combined, are considered approximately equal to cost or price. A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

EVALUATION APPROACH: The content of the written quotations, as well as information derived from discussions/negotiations, if discussions are held, will be evaluated to determine the degree and extent to which the requirements and objectives set forth in the solicitation are satisfied. No assumption will be made by Government evaluators regarding areas not defined in the offeror's written material/information provided to the Government for evaluation.

EVAULATION METHODOLOGY: A team of Government personnel will evaluate the quotations. The quotations will be evaluated in accordance with the aforementioned factors. Any quotation that is unrealistic, in terms of technical approach, schedule commitments, and or costs (high or low) will be deemed unacceptable.

BASIS FOR AWARD: Selection of the successful offeror will be made based on the evaluation criteria. The quotations will be evaluated and a contract awarded under the Best Value Continuum approach to permit tradeoffs among cost or price and non-cost factors. This will allow the Government to consider award to other than the lowest priced offeror or other than the highest technically rated offeror who meets or exceeds the technical acceptability standards established in the factors referenced above.

C.3 52.212-3, Offeror Representations and Certifications – Commercial Items (See Attached)

C.4 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive

Orders – Commercial Items (JAN 2017)

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

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

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-

77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1158787 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1146366 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113329 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113344 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137622 http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1141983 http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1144881

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

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

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011)

(15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved] __ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (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 (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Nov 2016) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C.

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

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__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (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 (Dec 2015) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_ X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016)

(E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

_X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014)

(29 U.S.C. 793).

_X_ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010) (E.O. 13496).

_X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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).

__ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016).

(Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

__ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

__ (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.)

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

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

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

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

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

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

13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

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

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

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

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While

Driving (AUG 2011) (E.O. 13513).

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

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

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

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

__ (48) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act

(May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109- 169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

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

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

5150).

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

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

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

_X_ (57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

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

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

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

__ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.

637(d)(12)).

__ (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels

(Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.] __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014)

(29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

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

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

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