Clauses_Part_12_Non-Per_Service_OY_July_2014.docx

CLAUSES INCORPORATED BY REFERENCE

(Firm Fixed-Price Service-Commercial Items)

FAR CITATION: 52.252-1: Solicitation Provision Incorporated by Reference. (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and defect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://arnet.gov/far/index.html.

I. Federal Acquisition Regulations (FAR) (48 CFR Chapter 1) Clauses

No. FAR Citation Clause Title Clause Date ____

1. 52.204-7 System for Award Management July 2013

2. 52.217-8 Option to Extend Services November 1999

3. 52.223-6 Drug-Free Workplace May 2001

4. 52.225-13 Restrictions on Certain Foreign Purchases June 2008

6. 52.232-1 Payments April 1984

7. 52.232-8 Discounts for Prompt Payment February 2002

8. 52.232-25 Prompt Payment July 2013

9. 52.232-39 Unenforceability of Unauthorized Obligations June 2013

10. 52.233-3 Protest After Award August 1996

11. 52.233-4 Applicable Law for Breach of Contract Claim October 2004

12. 52.237-1 Site Visit April 1984

14. 52.237-7 Indemnification and Medical Liability Insurance January 1997

15. 52.243-1 Changes-Fixed-Price August 1987

16. 52.243-4 Changes June 2007

17. 52.244-6 Subcontracts for Commercial Items May 2014

19. 52.249-8 Default (Fixed-Price Supply and Service) April 1984

II. Federal Acquisition Regulations (FAR) (48 CFR Chapter 1) Clauses in Full Text

No. FAR Citation Clause Title Clause Date______

1. 52.217-9 Option to Extend the Term of the Contract March 2000 52.217-9 Option to Extend the Term of the Contract As prescribed in 17.208(g), insert a clause substantially the same as the following:

OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years.

(End of clause) III. Department of HHS Acquisition Regulations (HHSAR) (49 Chapter 3) Clauses

No. HHSAR Citation Clause Title Clause Date______

1. HHSAR 352.224-70 Confidentiality of Information January 2006

HHSAR 352.224-70 Confidentiality of Information The following clause is covered by the policy set forth in subpart 324.70 and is to be used in accordance with the instructions set forth in 324.7704.

CONFIDENTIALITY OF INFORMATION (January 2006)

(a) Confidential information, as used in this clause, means (1) information or data of a personal nature about an individual, or (2) proprietary information or data submitted by or pertaining to an institution or organization.

(b) In addition to the types of confidential information described in (a)(1) and (2) above, information which might require special consideration with regard to the timing of its disclosure may derive from studies or research, during which public disclosure of preliminary unvalidated findings could create erroneous conclusions which might threaten public health or safety if acted upon.

(c) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the Contracting Officer and the Contractor may, by mutual consent, identify such information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the “Disputes” Clause.

(d) If it is established elsewhere in this contract that information to be utilized under this contract, or a portion thereof, is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

(e) Confidential information, as defined in (a)(1) and (2) above, that is information or data of a personal nature about an individual, or proprietary information or data submitted by or pertaining to an institution or organization, shall not be disclosed without the prior written consent of the individual, institution , or organization.

(f) Written advance notice of at least 45 days will be provided to the Contracting Officer of the Contractor’s intent to release findings of studies or research, which have the possibility of adverse effects on the public or the Federal agency, as described in (b) above. If the Contracting Officer does not pose any objections in writing within the 45-day period, the Contractor may proceed with disclosure. Disagreements not resolved by the Contractor and the Contracting Officer will be settled pursuant to the “Disputes” clause.

(g) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the materials in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor should obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.

(h) Contracting Officer determinations will reflect the results of internal coordination with appropriate program and legal officials.

(i) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State or local laws.

(End of clause)