Request_for_Quotation_Final_Paramedic_Training.pdf

U.S. Department of Justice

Federal Bureau of Investigation

Professional Services Acquisition Unit

15020 Conference Center Drive, Suite 220

Chantilly, VA 20151

March 12, 2018

RE: RFQ – DJF-18-0700-PR-0003405

All Interested Parties:

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, 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.

The Federal Bureau of Investigation (FBI) is issuing a Request for Quote (RFQ), on a unrestricted basis under solicitation number RFQ - DJF-18-0700-PR-0003405. The solicitation documents and incorporated provisions and clauses are those in effect through Federal

Acquisition Circular 2005-96. The Government anticipates issuing a single contract award. The contract will be a fixed price, indefinite-delivery indefinite-quantity type contract. The North

American Industry Classification System code is 611699, All Other Miscellaneous Schools and

Instruction.

Ordering Period - The ordering period for this contract is from the effective date of the contract through

60 months.

Period of Performance - Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The

Contractor shall not be required to make any deliveries under this contract after 12 months from the expiration of the ordering period.

file://///FSPIH_NT/regs$/Working/far_doc/FAR12.DOC%23s126

PROVISIONS: The following provisions apply to this acquisition:

FAR 52.212-1, Instructions to Offerors – Commercial (JAN 2017)

FAR 52.212-3, Offeror Representations and Certifications -- Commercial Items (NOV 2017)

CLAUSES: The following clauses apply to this acquisition:

FAR 52.212-4 Contract Terms and Conditions -- Commercial Items (JAN 2017)

FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive

Orders -- Commercial Items (NOV 2017)

Additional terms and conditions are contained within the attached solicitation documents.

SUBMISSION OF QUOTES:

Proposals must be submitted in accordance with the FAR provision at 52.212-1, Instructions to Offerors –

Commercial Items (JAN 2017) and the instructions set forth in this solicitation.

PROPOSALS:

All proposals must be received by the Contract Specialist and the Contracting Officer no later than

3:00 PM EST on Monday, March 26, 2018 to the following email addresses listed below:

INQUIRIES:

All inquiries regarding this solicitation must be received in writing by 10:00 AM EST on Monday, March 19, 2018.

Michael Parsons, Contract Specialist mfparsons@fbi.gov

Brian Chrostowski, Contracting Officer bchrostowski@fbi.gov http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1213_166708 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1289_180536 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1554_215887 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1745_254461 mailto:mfparsons@fbi.gov mailto:Brian.Chrostowski@ic.fbi.gov

TABLE OF CONTENTS

Section I – General Requirements

Section II – Special Requirements

Section III – FAR Clauses and Provisions

Section IV – Instructions for RFQ Submission and Evaluations

Section V – Attachments

Attachment Title of Attachment

Attachment No. 1 Pricing Sheet

Attachment No. 2 Past-Performance Questionnaire

SECTION I – GENERAL REQUIREMENTS

Independent Paramedic Program Training Services

For the

Laboratory Division

Statement of Work

3/6/2018

FEDERAL BUREAU OF INVESTIGATION

STATEMENT OF WORK

1 Introduction

1.1 Background

The Technical Hazards Response Unit (THRU) is regularly assigned responsibility for providing medical support and care to FBI Headquarters (HQ) and Field Office (FO) units in various classified and unclassified mission sets. THRU Advanced Capability (ADCAP) Paramedics are expected to provide a wide range of medical care from simple first aid to life-saving medical interventions as well as advanced medical support beyond what is normally expected from a traditional ambulance or hospital based paramedic. The THRU Advanced Capability Paramedics care for sick or injured FBI personnel in many environments, from permissive to austere to providing “over the barrier” medical care.in areas where transport to a higher level of care may be only minutes away or may actually be several hours or days away, and where access to telephonic contact with medical control officers is not possible.

In addition to the medical care outlined above, THRU ADCAP Paramedics are regularly called upon to provide sick-call level medicine for both acute and chronic medical conditions during extended FBI operations in the CONUS and OCONUS arenas.

To that end, THRU ADCAP Paramedics need to be proficient in advanced and independent paramedic care of FBI and Other Government Agency (OGA) personnel who become sick or injured. THRU ADCAP Paramedics need to be prepared to provide lifesaving care in environments where access to definitive medical care is not available or may be delayed, subjecting the personnel to increased risk of morbidity and mortality.

1.2 Scope

The vendor shall administer an Independent Paramedic program that consists of seven periods of instruction spread across the 12 month contract period.

This is a contract to provide specialized training to the Paramedics assigned to the Federal

Bureau of Investigation (FBI) Technical Hazards Response Unit (THRU) assigned to the

Laboratory Division (LD).

1.3 Objectives

Maintain the high level of medical/technical competency of FBI Paramedics ensuring mission readiness

Provide FBI personnel an opportunity to gain continuing education hours through medical training.

Maintain Virginia paramedic certification for FBI personnel.

2 Requirements/specifications This is a non-personal services contract. The Government shall not exercise any supervision or control over contractor employees performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the

Government.

2.1 Task Descriptions

The contractor shall perform in accordance with the requirements listed below:

Administer the Independent Paramedic Education Program. Provide instruction and training in accordance with FBI requirements

Provide seven (7) periods of instruction, each eight (8) hours in length. Periods of instruction will be scheduled based on FBI THRU Advanced Capability Paramedic availability.

Build presentations and present periods of instruction to FBI Paramedics at the FBI facility in Fredericksburg, Virginia or at a mutually agreed upon location in the

Fredericksburg area. The topics of instruction shall include but are not limited to:

o Advanced bleeding control – Instruction will include techniques in tourniquet application and management, use of clotting substances, management of full and partial limb amputations, diagnosis of internal bleeding through ultrasound and other technologies, and the use and applications of artificial blood products.

o Advanced wound care – Instruction will include cleaning/debriding open, traumatic wounds, delayed wound closure, field wound closure via numerous suturing techniques (internal and external), use of surgical staples, application and management of wound drains, and application of antibiotic therapy to treat and prevent infection.

o Field expedient surgical techniques – Instruction will include techniques in field expedient amputations, surgical cricothyrotomy, surgical thoracostomy and management, escharotomy, and evisceration management. When appropriate, the vendor will supply human/animal analogs in order to support training.

o Diagnosis and treatment of ailments of the eyes, ears, nose and throat –

EYES: Instruction will include both didactic and practical exercises to include inspection of the eyes (external and internal) to include staining of the eye surface, diagnosis and treatment of retinal detachment, diagnosis and treatment of eye infections and treatment of eye trauma.

EARS: Instruction will include both didactic and practical exercises to include diagnosis and treatment of injuries or infections of the ear (outer, middle and inner) including otoscopic inspection and medication administration as well as diagnosis of hearing loss.

NOSE/THROAT: Instruction will include both didactic and practical exercises to include diagnosis and treatment of illness related to the naso/oropharynx including techniques for field expedient diagnosis of strep and flu.

o Dive medical emergencies including hyperbaric medicine – Instruction will include diagnosis and treatment of dive related emergencies including medical emergencies brought on by improper or emergency decompression, decompression sickness, air-gas embolism, oxygen and nitrogen toxicity, hyperbaric therapy and working in a pressurized environment, hypothermia and marine animal bites and stings. ALL instruction related to dive emergencies will be pre-approved for CEU hours by the National Board of Diving and Hyperbaric

Medical Technology (NBDHMT).

o Dermatology – Instruction will include diagnosis and treatment of dermatological maladies, both acute and chronic.

o Advanced medication administration – Instruction will include training on each of the medications that THRU ADCAP Paramedics carry including Advanced

Cardiac Life Support (ACLS) meds, antibiotics/antivirals/antifungals, over the counter (OTC) meds, pain control meds (both oral and injectable), schedule II narcotics, chelating agents, antidotes for poisons, toxins and hazardous chemical exposures.

o Dental emergencies – Instruction will include techniques in emergency dental repair such as filling replacement, tooth replacement or preservation and orthodontic prosthetic repair.

o High altitude and wilderness medicine.

o Advanced diagnostics/tele-medicine – Instruction will include advanced diagnostic techniques utilizing emerging technologies. Examples include ultrasound, video otoscope, video laryngoscope and streaming telemetry.

o Other topics as identified by the THRU ADCAP Program Manager or the

FBI Medical Director- Instruction in topics identified as critical by the THRU

Medical Program Manager or the FBI Medical Director.

Contractor shall allow for all classes to be videotaped by the FBI. The video and copies of all presentation materials will be maintained by the FBI for review by Paramedics who are not able to attend the initial training. Note: Paramedics who do not attend the initial training will not receive CEU hours unless agreed upon by the FBI and the Contractor.

The Contractor shall NOT be allowed to record in any FBI space.

Contractor shall ensure that continuing education hours are documented and provided to the FBI after each class.

Contractor shall ensure that applicable hours needed for Virginia Paramedic certification are documented and entered into the Virginia EMS system after each class.

Contractor shall ensure that any required hard copy certifications are provided to the FBI within 30 days of the completion of the class.

All course presentation materials, training props, and testing apparatus shall be provided by the Vendor.

Contractor shall have the flexibility to reschedule classes with 14 days’ notice from the customer.

2.2 Position Qualifications

Vendor shall provide instructors that are licensed/certified medical providers that are experienced in the subject they are scheduled to instruct. Instructors shall have experience as an instructor and be certified by the vendor to develop and deliver requested topics. At a minimum instructors shall have the following qualifications:

o Physicians shall be board certified in the subject in which they are teaching with appropriate experience to answer all questions posed by students.

o Physician Assistants and Nurse Practitioners shall have a minimum 10 years’ experience in emergency medicine or in the specialty in which they are teaching.

o Paramedics/Military Medics shall have a minimum of 10 years’ experience as advanced level emergency medical providers with a minimum of 2 operational deployments where the medic was directly responsible for care of team members.

Military medics will be either Airforce Para-Jumpers (PJ’s), US Army 18D Medic or US Navy Independent Duty Corpsman.

3 Place of Performance

Vendor shall travel to the FBI Facility located at 1000 Falls Run Drive Fredericksburg, Virginia to administer all periods of instruction. Location of the training may be changed to a mutually agreed upon location in the Fredericksburg area should the need arise.

4 Period of Performance The period of performance for this effort will be as follows:

PERIOD BEGIN END

Base Period 4/1/2018 3/31/2019

Option

Period 1 4/1/2019 3/31/2020

Option

Period 2 4/1/2020 3/31/2021

Option

Period 3 4/1/2021 3/31/2022

Option

Period 4 4/1/2022 3/31/2023

5 Hours of operation The vendor’s normal workday will typically be eight work hours a day plus a mandatory thirty minute lunch within the hours of 8:00 a.m. and 4:00 p.m. Core work hours are 9:00 a.m. through

3:30 p.m. Flexibility within the normal work day shall be coordinated with the Contracting

Officer Representative (COR).

6 Deliverables The Vendor shall provide regular status reports to the Contracting Officer Representative (COR) as classes are performed. The format will be agreed to by the Vendor and COR at the start of performance, but the contents shall contain the following, at a minimum: Instructor name, topics covered and CEU’s awarded for each topic.

The Contractor shall be responsible for providing the following deliverables:

DELIVERABLE TITLE DELIVERABLE DATE METHOD OF

DELIVERY

Quarterly CEU Reports End of each quarter Email

7 Government Furnished Equipment or Information The Government will provide appropriate training space with required audio and video equipment to facilitate training. The Government will also provide any training aids that are specific to the FBI medical program for realism of training.

8 Security Requirements

Vendor shall provide instructors that can pass a background investigation that allows access to FBI facilities. Some background checks may require instructors to provide fingerprints to the FBI for clearance.

Vendors shall provide instructors that are United States citizens.

The vendor shall be required to provide clearance paperwork, as required by FBI Security

Division, for any new or not previously cleared instructors at least one week prior to the start of the class. If the vendor identifies an instructor who will teach on more than one occasion, regardless of the time between classes, that instructor shall provide additional security paperwork, including biometrics, at least one month prior to their second visit to the FBI facility.

9 Government Representatives

9.1 Contracting Officer Representative

The COR will be identified via letter of COR delegation authority issued by the Contracting

Officer (CO) for this contract. The COR is responsible, as applicable, for: receiving all deliverables; inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the Contractor which clarifies the contract effort, filling in details or otherwise furnishing information necessary to accomplish the SOW; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

The COR does not have the authority to alter or modify the Contractor's obligations, contract terms, conditions, specifications, or cost. If as a result of technical discussions, it is in the

Government’s best interest to alter/change contractual obligations or the SOW, the CO will issue such changes.

9.2 Contracting Officer

The CO is the appointed authority to bind the Government to the extent of the authority delegated. Direction that will modify the scope, schedule, terms and conditions, funding, or any other action that may modify the agreement as originally entered into with the Government must be given only by the CO.

This contract will be administered by:

Name: Brian Chrostowski

Title: Supervisory Contract Specialist

Unit: Professional Services Acquisition Unit

Address: 15020 Conference Center Drive, STE 220 Chantilly, VA 20151

Phone: 703-322-5963

E-mail: bchrostowski@fbi.gov mailto:bchrostowski@fbi.gov

SECTION II – SPECIAL REQUIREMENTS

RELEASE OF INFORMATION – PUBLICATION BY CONTRACTOR PERSONNEL

The FBI specifically requires that contractors shall not divulge, publish, or disclose information or produce material acquired as or derived from the performance of their duties.

For purposes of this Clause, “Information” shall include but not be limited to: any media or all media including on the web or web sites; publications, studies, books, theses, photographs, films or public announcements, press releases describing any part of the subject matter of this contract or any phase of any program hereunder, except to the extent such is:

(i) Already known to the contractor prior to the commencement of the contract; and

(ii) Required by law, regulation, subpoena or government or judicial order to be disclosed, including the Freedom of Information Act.

No release of information shall be made without the prior written consent of the Office of Public

Affairs and the Contracting Officer. The contractor and author are warned that disclosure is not without potential consequences. The FBI will make every effort to review proposed publications in a timely manner to accommodate these and other publications.

Where appropriate, in accordance with established academic publishing practices, the FBI reserves the right to author/co-author any publication derived from this contract.

Contractor shall not use or allow to be used any aspect of this contract, including both the contractor’s relationship with the FBI and the work performed under the contract, for publicity.

“Publicity” means, but is not limited to, advertising (e.g. trade magazines, newspapers, Internet, radio, television, etc.), communications with the media, marketing, or a reference for new business. It is further understood that this obligation does not expire upon completion or termination of this contract, but continues indefinitely excepted as allowed by law.

No program related material, unless approved by the Contracting Officer, may leave the

Government or approved contractor facility. No program related material may be transmitted via the INTERNET or any other network that would allow individuals not associated with this contract to directly or indirectly access the program related material.

These obligations do not cease upon completion of the contract.

(End of clause)

ORDERING PERIOD AND PERIOD OF PERFORMANCE

Ordering Period - Any supplies and services to be furnished under this contract shall be ordered by issuance of task orders by designated individuals. Such orders may be issued from the effective date of the contract through 60 months.

Period of Performance - Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The

Contractor shall not be required to make any deliveries under this contract after 12 months from the expiration of the ordering period.

Deliverables/Place of performance -Deliverables and place of performance will be specified in the task order.

CONTRACT ADMINISTRATION

The Administrative Contracting Officer for this contract shall be named upon contract award. Written communications shall make reference to the contract and purchase order number and shall be mailed to the Contracting Officer indicated in the contract unless otherwise instructed.

INVOICING REQUIREMENTS

A. Invoices shall be submitted to:

Federal Bureau of Investigation

Attn: Pamela Browning

935 Pennsylvania Ave. NW

Washington, DC 20535

B. Invoices shall be submitted on a monthly basis, reflecting the date the invoice was created, and within ten (10) working days of the end of the month during which services were provided.

C. All invoices are required to have a unique identifying, non-duplicable number, which shall remain the same for any revisions or corrections necessary for such invoice, and reflect the date of service, contract number, order number, and a list of services. Please refer to Section

I, Contract Clauses, clause 52.212-4 Contract Terms and Conditions – Commercial Items, for further information on required information for invoices.

D. It shall be the Contractor‘s responsibility to include the information required by this contract on each and every invoice when invoicing for full or partial services performed. If an invoice does not contain the above information, the Bureau reserves the right to reject the invoice(s) as IMPROPER and notify the vendor within seven (7) days after receipt of the invoice at the designated billing office. Resubmission of a PROPER invoice will be required. This corrected invoice shall have the same invoice number as that originally submitted for payment. All follow-up invoices (i.e. revised, resubmitted) shall be marked "Duplicate of

Original".

E. Any requirement for resubmission for payment or Contractor questions regarding payment or check identification should be directed to the Administrative Contracting Officer of the contract.

WITHHOLDING OF CONTRACT PAYMENTS

Notwithstanding any other payment provision of this contract, failure of the Contractor to submit required reports when due or failure to perform or deliver required work, supplies, or services will result in the withholding of payments under this contract unless such failure arises out of causes beyond the control, and without the fault or negligence of the Contractor as defined by the terms and conditions of the contract. The Government shall promptly notify the contractor of its intention to withhold payment of any invoice or voucher submitted.

ORDERING

In accordance with Federal Acquisition Regulation (FAR) 16.505, Ordering, and the clause at 52.216-18, Ordering (OCT 1995), any supplies or services to be furnished under this contract shall be ordered by issuance of task orders by the individuals authorized by the contract.

REQUIREMENTS FOR SUBCONTRACTORS

The prime Contractor shall ensure that all requirements are incorporated into any agreements reached with any subcontractors, consultants, agents, or representatives employed by the Contractor in contract performance or otherwise. The contractor certifies by acceptance of the contract, that it has required each subcontractor to adhere to all such requirements. Any breach by a subcontractor of any of the terms set forth herein will be attributed to the prime contractor.

ORGANIZATIONAL CONFLICTS OF INTERESTS - GENERAL

(a) The Contractor warrants by submission of a proposal and acceptance of a contract that, to the best of his knowledge and belief, and except as otherwise set forth in this contract, he does not have any organizational conflict of interest as defined in paragraph (b) below.

(b) The term "organizational conflict of interest" means a situation where a Contractor has interest, either due to its other activities or its relationship with other organizations, which place it in a position that may be unsatisfactory or unfavorable (1) from the Government's standpoint in being able to secure impartial, technically sound, objective assistance and advice from the Contractor, or in securing the advantages of adequate competition in its procurement; or (2) from industry's standpoint in that unfair competitive advantages may accrue to the Contractor in question.

(c) The Contractor agrees that, if after the award he/she discovers an organizational conflict of interest with respect to this contract, he/she shall make an immediate and full disclosure in writing to the Contracting Officer. The disclosure shall include a description of the action which the Contractor has taken or proposes to take to avoid, eliminate or neutralize the conflict. The

Government may, however, terminate the contract for the convenience of the Government.

(d) In the event that the Contractor was aware of an organizational conflict of interest prior to the award of this contract and intentionally did not disclose the conflict to the Contracting Officer, the Government may terminate the contract at no cost to the Government.

SECURITY CHECKS AND OTHER PERSONNEL REQUIREMENTS

(a) All contractor personnel may be required to complete the required security processes and meet the requirements specified by the FBI Security Division for the sensitivity or classification level of the information for which they will require access. Any contracted personnel who perform services under this agreement may be subject to a background investigation. Only persons authorized and cleared by the FBI shall perform services under this contract and have access to any LES, SBU, and/or medical information.

(b) The Contractor agrees by acceptance of a contract to fully cooperate with the FBI to complete the security process by promptly completing necessary forms, scheduling finger printing, and providing required documentation within thirty (30) days of contract award date.

(c) All “hands on” personnel who will have access to the records and administrative information pertaining to FBI employees shall be subject to a National Agency Check (NAC). The process for Security checks will be coordinated by the Technical Point of Contact and the Security

Officer assigned upon contract award. Fingerprints for identification purposes will be required.

(d) The Contractor shall immediately report to the FBI, in writing, changes resulting in different personnel being assigned to perform the duties stated in the contract. Each new personnel, as indicated in H.6.0.c, must be cleared by the FBI. Services cannot be initiated by new contractors without prior FBI approval.

DISRUPTION TO THE SCHEDULE

The Contractor shall notify the Contracting Officer Representative (COR) at any time when there is or may be a disruption of any type which would delay any deliveries under the schedule. Such notification shall be provided to the COR by telephone, as soon as the situation is known to the Contractor, and shall be followed up in writing to both the COR and Contracting Officer within five (5) days. The contractor shall furnish replacement personnel with the required qualifications and appropriate clearances without causing a delay or interruption of services.

NONPAYMENT FOR UNAUTHORIZED WORK

No payments will be made for any unauthorized supplies or services, or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of his own volition or at the request of an individual other than a duly appointed Contracting Officer. Only a duly appointed

Contracting Officer is authorized to change the specifications, terms, and/or conditions of this contract.

OBSERVANCE OF LEGAL HOLIDAYS

The U.S. Government observes the below listed days as holidays:

New Year’s Day

Martin Luther King’s Birthday

President’s Day

Memorial Day

Independence Day

Labor Day

Columbus Day

Veteran’s Day

Thanksgiving Day

Christmas Day

Inauguration Day (when applicable)

TRAVEL

Any travel required directed in writing by the Contracting Officer’s Representative (COR) will be reimbursed in accordance with the Federal Travel Regulations

INSPECTION AND ACCEPTANCE

GENERAL

The government has the right to inspect and to evaluate the work being performed under this contract and if applicable, the premises where the work is being performed at all reasonable times and manner that will not unduly delay the work.

The contractor shall only tender for acceptance those services that conform to the requirements of the contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. Refer to FAR Clause 52.212-4, Contract Terms and Conditions – Commercial

Items (JAN 2017).

Written notification of negative inspection results will be furnished to the Contracting Officer within thirty (30) days after delivery by the Contracting Officer’s Representative (COR). Vendor shall provide within five (5) business days a written response to the negative inspection report and what corrective action has been taken.

[End of Section]

SECTION III – FAR CLASUES AND PROVISIOINS

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):

https://www.acquisition.gov/far https://www.acquisition.gov/far

52.202-1 DEFINITIONS NOV 2013

52.203-5 COVENANT AGAINST CONTINGENT FEES MAY 2014

52.203-7 ANTI-KICKBACK PROCEDURES MAY 2014

52.203-8 CANCELLATION, RECESSION, AND RECOVERY OF

FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY

MAY 2014

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS

OCT 2010

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED

PAPER

MAY 2011

52.204-7 SYSTEM FOR AWARD AND MANAGEMENT OCT 2016

52.204-13 SYSTEM FOR AWARD MANAGEMENT

MAINTENANCE

OCT 2016

52.204-19 INCORPORATION BY REFERENCE OF

REPRESENTATIONS AND CERTIFICATIONS

DEC 2014

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING

DELINQUENT TAX LIABILITY OR A FELONY

CONVICTION UNDER ANY FEDERAL LAW

FEB 2016

52.212-4 CONTRACT TERMS AND CONDITIONS –

COMMERCIAL ITEMS

JAN 2017

52.216-27 SINGLE OR MULTIPLE AWARDS OCT 1995

52.223-6 DRUG-FREE WORKPLACE MAY 2001

52.225-25 PROHIBITION ON ENGAGING IN SANCTIONED

ACTIVITIES RELATING TO IRAN – CERTIFICATION

OCT 2015

52.227-17 RIGHTS IN DATA-SPECIAL WORKS DEC 2007

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT

CLAIM

OCT 2004

52.242-1 Alt I CHANGES—FIXED PRICE AUG 1987

52.242-13 BANKRUPTCY JUL 1995

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITMES NOV 2017

52.249-4

TERMINATION FOR CONVENIENCE OF THE

GOVERNMENT (SERVICES) (SHORT FORM)

APR 1984

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (NOV 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, 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__ (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 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards

(Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

52.253-1 COMPUTER GENERATED FORMS JAN 1991

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-

117, section 743 of Div. C).

_X__ (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).

_X__ (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 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.

___ (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—Subcontracting Plan (Jan 1999) (15 U.S.C.

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

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-

Aside (Nov 2011) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Representation (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 (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).

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

_X__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-

Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration

Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (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.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014)

(E.O.s 13423 and 13514).

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

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42

U.S.C. 8259b).

___ (41) (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__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while

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

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

_X__ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

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

___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (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.

___ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

___ (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).

___ (50) 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).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42

U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(Nov 2007) (42 U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)

(41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

___ (55) 52.232-33, Payment by Electronic Funds Transfer— System for Award

Management (Jul 2013) (31 U.S.C. 3332).

_X__ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for

Award Management (Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(12)).

___ (60) (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.]

_X__ (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).

___ (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) (E.O.

13658).

___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May

2014) (42 U.S.C. 1792).

___ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C.

5112(p)(1)).

(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.

(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.

(End of Clause)

52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the effective date of the contract through 60 months.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 ORDER LIMITATIONS (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $5.00, the Government is not obligated to purchase, nor is the

Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of $100,000.00;

(2) Any order for a combination of items in excess of $750,000.00; or

(3) A series of orders from the same ordering office within thirty (30) days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-

21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within ten (10) days after issuance, with written notice stating the

Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the

Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the

"maximum." The Government shall order at least the quantity of supplies or services designated in the

Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 12 months from the last day of the…