Clause_Admin_Data_PHX-27.pdf

SPA CLAUSES AND CONTRACT ADMINISTRATION DATA:

CLAUSES:

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

http://farsite.hill.af.mil/vmfara.htm

Number Title DATE 52.212-4 Contract Terms and Conditions – Commercial Items (Jan 2017)

52.212-5 Contract Terms and Conditions Required to Implement Statutes (Jan 2018) or Executive Orders – Commercial Item

(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, 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:

[Contracting Officer check as appropriate.] _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 (Sep 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).

_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O.

13513).

_X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

_X_ (55) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

(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.]

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

http://farsite.hill.af.mil/vmfara.htm

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

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

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

(e)

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

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

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

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

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

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

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

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

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

(xiii) 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.)

(xiv) 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)

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

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

(xvii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

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

(xix) 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).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxi) 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). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

CONTRACT ADMINISTRATION DATA:

1. Deliver To:

Phoenix Indian Medical Center 4212 North 16th Street Phoenix, AZ 85016 POC: Kristi Petersen, 602-263-1514, Kristi.Petersen@ihs.gov

2. IHS, Point of Contact (POC):

Kristi Petersen, 602-263-1514, Kristi.Petersen@ihs.gov

1. The major responsibility of the POC is to ensure Contractor accountability, monitor contract delivery, and assist the Contractor in the resolution of program problems encountered during the delivery of this contract.

2. The POC shall be responsible for:

a) Monitoring the Contractor’s delivery progress;

b) Interpreting contract terms and conditions;

c) Performing technical inspection and acceptance required by the contract;

d) Assisting the contractor in the resolution of technical problems encountered during delivery.

The POC does not have authority to modify or change the terms and conditions of the contract.

3. IHS, Phoenix Area Office (PAO), Division of Acquisition Management (DAM), Point of Contact:

Donovan Conley, Contracting Specialist Phoenix Area Office, Division of Acquisition Management 40 North Central Ave, Suite 507, Two Renaissance Square Phoenix, AZ 85004 Phone: (602) 364-5174 Donovan.Conley@ihs.gov

4. Contractor Point of Contact:

TBD

5. Federal Acquisition Regulations (FAR): Require all contractors conducting business with the Government to be registered in the online database: 1) The System Awards Management System (SAM) Government-wide mailto:Kristi.Petersen@ihs.gov mailto:Kristi.Petersen@ihs.gov mailto:Donovan.Conley@ihs.gov online database for the provision of basic information relative to contract awards [refer to FAR Clause 52.212- 4, para (t)].

You may accomplish these registrations online at the following web sites:

SAM – http://www.sam.gov

6. Contract Administration: All contract administration matters will be handled by the following individuals:

a. Contractor Information: (Provide Name and Address)

DUNS Number: __________________ (Provide Duns No.)

[See FAR 52.212-1 Instructions… (j) Data Universal Numbering System (DUNS) Number]

TAX ID: ____________________ (Provide Tax ID)

b. GOVERNMENT:

Orlando Guerrero, Contracting Officer

Phoenix Area Office (PAO), Division of Acquisition Management (DAM) 40 North Central Avenue Suite 507, Two Renaissance Square Phoenix, AZ 85004

7. Contractor Remittance Address: All payments by the Government to the contractor shall be electronically reimbursed:

[X} 52.232-34, Payment by Electronic Funds Transfer- The Debt Collection Act of 1996 requires that

Federal non-tax payments made after January 1, 1996 be made by Electronic Funds Transfer (EFT

[ ] 52.232-36, Payment by Third Party

8. Invoices: Invoices shall be submitted in ARREARS:

a. Quarterly [ ]

b. Semi-Annually [ ]

c. Other [X] After shipment of all CLINS.

9. Government Invoice Address: All invoices from the contractor shall be submitted electronically.

Invoicing/Billing:

Contractor shall establish a recordkeeping system of contractor services provided. Contractor may only bill for purchase of equipment provided to the IHS. At the end of all item shipped, the contractor will submit an invoice for payment.

Invoice Requirements and Supporting Documentation: Supporting documentation and invoices must be submitted after product has been shipped out. Changes or corrections shall be submitted by separate invoice. In addition to information required for submission of a “proper” invoice in accordance with FAR 52.212-4 (g) all invoices must include:

Name and address of Contractor http://www.sam.gov/

Invoice Date Contract Number Date of Supply Order CLIN-Number:

Provide Part Number, Description, Unit of Issue, Unit Price, and Total Price FOB Destination, Shipping Cost Included in Price of Product Grand Total Price

Electronic Invoicing: All invoices are to be submitted by email to PHX_PIMCAPInvoice@ihs.gov.

Phoenix Indian Medical Center 4212 North 16th Street Attention: Finance Management Branch Phoenix, AZ 85016

The contractor shall accept payment for lease or purchase and services rendered under this contract as payment in full. The Contractor shall not bill, charge, collect a deposit from, seek compensation, remuneration, or reimbursement from, or have any recourse against, any person or entity other than the IHS, OEHE, WADO for lease or purchase and services provided pursuant to this contract. It shall be considered fraudulent for the Contractor to bill other third parties for services rendered under this contract. This provision shall survive the termination or ending of the contract.

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

10. TAX EXEMPT STATUS:

THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, PHOENIX AREA INDIAN HEALTH

SERVICE IS TAX EXEMPT UNDER A.R.S. 42-5063 (C)(3)(a), 42-5067 (B)(1), 42-5065 (B)(2)(a), 42-5066 (B)(3)(a), 42-5074 (B)(7), 42-5071 (B)(2)(a), 42-5061 (A)(25)(a), AND 42-5159 (A)(13)(a), (b), (c) STATE OF

ARIZONA DEPARTMENT OF REVENUE.

mailto:PHX_PIMCAPInvoice@ihs.gov

Kristi Petersen, 602-263-1514, Kristi.Petersen@ihs.gov