Sol_75H70626Q00128.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

163CODE 16. ADMINISTERED BYCODE

X

X

X

621399

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR163

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

04/02/2026

FARRAH AZURE

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIME

04/16/2026 1200 CT

b. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

75H70626Q00128

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 42 IHS1523402OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Belcourt ND 58316

P.O. Box 160

1300 Hospital Road

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$10

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

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

Belcourt PHS Indian Hospital WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

Multiple Destinations

Belcourt ND 58316

PO Box 160

1300 Hospital Road

Belcourt PHS Indian Hospital

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

100% ISBEE

Firm Fixed-Price, Non-personal, Commercial Service for a CT/X-Ray Technologist at the Quentin N Burdick Memorial Health Care Facility in Belcourt, ND.

Base Period:______________________________ Option Period One:________________________ Option Period Two:________________________ Option Period Three:______________________

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Option Period Four:_______________________

1 Base Period: CT/X-Ray Technologist services

Delivery: 04/30/2027

Delivery Location Code: IHSBELCOURT

BELCOURT SERVICE UNIT

Q.N.B.M.H.C.F

1300 Hospital Road

PO Box 160

Belcourt ND 58316 US

Period of Performance: 05/01/2026 to 04/30/2027

2 Option Period One: CT/X-Ray Technologist services

(Option Line Item)

05/01/2027

Delivery: 04/30/2028

Delivery Location Code: IHSBELCOURT

IHSBELCOURT

Q.N.B.M.H.C.F

1300 Hospital Road

PO Box 160

Belcourt ND 58316 US

Period of Performance: 05/01/2027 to 04/30/2028

3 Option Period Two: CT/X-Ray Technologist services

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 42

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

75H70626Q00128

(Option Line Item)

05/01/2028

Delivery: 04/30/2029

Delivery Location Code: IHSBELCOURT

IHSBELCOURT

Q.N.B.M.H.C.F

1300 Hospital Road

PO Box 160

Belcourt ND 58316 US

Period of Performance: 05/01/2028 to 04/30/2029

4 Option Period Three: CT/X-Ray Technologist services

(Option Line Item)

05/01/2029

Delivery: 04/30/2030

Delivery Location Code: IHSBELCOURT

IHSBELCOURT

Q.N.B.M.H.C.F

1300 Hospital Road

PO Box 160

Belcourt ND 58316 US

Period of Performance: 05/01/2029 to 04/30/2030

5 Option Period Four: CT/X-Ray Technologist services

(Option Line Item)

05/01/2030

Delivery: 04/30/2031

Delivery Location Code: IHSBELCOURT

IHSBELCOURT

Q.N.B.M.H.C.F

1300 Hospital Road

PO Box 160

Belcourt ND 58316 US

Period of Performance: 05/01/2030 to 04/30/2031

All-inclusive is defined to include travel, lodging, per diem, fringe benefits, Federal/State/Local taxes, plus any other costs pertinent to the performance of this contract.

Unique Entity

ID:__________________________________

The Unique Entity ID (UEI) is required, provided you do not have one, you may visit SAM.gov to obtain one. You will need a UEI to be awarded the

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

4 42

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

75H70626Q00128 purchase order and must be registered with an

Active, Registration in the System for Award

Management (SAM), you can register at www.sam.gov

Federal Tax ID

Number:__________________________________

Email Address:__________________________________

Net Terms:__________________________________

The quoter is hereby notified that they must be registered in SAM (System for Award Management) before the Government will issue an award.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

NON-PERSONAL SERVICE CONTRACT

CT/X-RAY TECHNOLOGIST

THIS POSTION IS LOCATED AT THE Quentin N Burdick Memorial Healthcare Facility in Belcourt, ND 58316.

PERFORMANCE WORK STATEMENT:

This position serves as a CAT Scan Technologist (CT) and is responsible for performing CT studies at the QNBMHF. Perform examinations and procedures, which are used in medical diagnosis utilizing CT equipment. When there are no CTs to perform, the CT tech will keep busy performing diagnostic Radiology or other departmental duties as assigned by the Radiology Supervisor.

MAJOR DUTIES AND RESPONSIBILITIES:

Performs a variety of computerized tomography examinations according to physician instructions.

Receives and reviews requests from physicians and other health care providers for examinations of patients. Schedules patients for examinations. Determines the condition(s) at issue and the procedures and equipment necessary to best meet the needs of the individual case. Evaluates the nature of critical and emergency procedures and rearranges patient priorities to accommodate them. Confers with radiologists and/or higher graded tech. to establish requirements of nonstandard examinations or for cases outside of incumbent’s expertise, and determines technical factors, positioning, number and thickness of scans, etc., to satisfy requirements.

Receives and positions patient for examination. Explains procedures and actions to allay fears and secure maximum cooperation. Make scans necessary for the requested examination. Advises radiologist or referring physician of results of examination and provides them with a preliminary diagnostic evaluation.

Notifies them of significant cases requiring their immediate attention and visualization while patient is undergoing examination. If unanticipated conditions or anomalies are discovered, extend and modifies procedure to ensure full and accurate information as to findings and patient condition. If necessary, render emergency aid and summon assistance.

Selects, sets up, adjusts, and operates equipment, including laser imager. Conducts examination, adjusting technique and equipment to best present the medically significant aspects found. Performs operator level maintenance and care of equipment. Identifies need for and initiates action to obtain higher-level support.

Makes minor adjustments to equipment. Performs preventative maintenance as required.

Establishes and maintains a variety of files and records relating to activities and functions. Prepares reports on examinations, equipment status and utilization, workload, supply status and consumption, and related matters.

Responsible for obtaining pertinent diagnostic examinations for the referring clinician and radiologist, requiring adequate and optimal positioning and recording of information on file.

Determines the number of scans necessary to obtain the information desired and adjusts the equipment parameters in such a way that a sufficient amount of information is obtained for each exam.

Recognizes the significance of all structures visualized on the screen at all times.

Independently operates a fixed and portable radiography machine to meet the needs of the department.

Receives patients, explains methods of procedures, positions and sets technical factors to attain a high-quality radiograph.

Operates the Digital Radiography and workstation independently

Performs a variety of routine to complex examinations to meet the needs of the medical staff.

Maintains accurate records of patient workload on a daily basis.

Keep accurate records of every x-ray, which they have to repeat.

Must be able to assist in a cardiac arrest situation and be CPR certified along with the rest of the medical staff.

Must have their own personal dosimeter to read radiation doses if doing x-ray duties. The Radiation badge is not furnished by QNBMHF.

WORK SCHEDULE:

Primary tour of duty will be evening and overnight coverage Monday through Sunday to include all Holidays. There will be no Holiday pay or shift differential. The schedule will need to be arranged to meet the Facilities’ needs. Overtime pay will not be allowed or approved and must be taken as time off or as otherwise negotiated. If there are extra hours available, it can be used for extra time worked and paid.

QUALIFICATIONS:

Individual must be:

Advanced-level certification by ARRT or NMTCB in CT or have one of the following qualifications:

• State Licensure that permits them to perform diagnostic CT and documented training in the provision of diagnostic CT or

• Registration and certification in Radiography by ARRT and documented training in the provision of diagnostic CT or

• Certification in Nuclear Medicine technology by ARRT or NMTCB And documented training in the provision of diagnostic CT

Must meet the continuing education requirement set by the ARRT. Must have at least six months of experience in performing CT examinations.

Quentin N Burdick Memorial hospital policy requires all staff with direct patient contact, be able to provide proof of PPD and Tdap (Tetanus, Diphtheria, acellular Pertussis). This includes all permanent employees, volunteers, and contractors (for all contractors in this category, acceptable proof can be in the form of an immunization record or written documentation from a physician).

Contractor personnel currently serving in a contract position can receive these immunizations from the facility.

KNOWLEDGE REQUIRED BY THE POSITION:

Knowledge of physiology and cross-sectional anatomy such as location, appearance and function of the various major and minor systems susceptible to radiological exposure and the physical abnormalities associated with most diseases or lesions to conduct computerized scanning examinations. In addition, knowledge of anatomy and physiology including location, appearance, and functioning of the major and minor systems susceptible to radiological illumination, and knowledge of changes to systems and organs caused by common medical and surgical diseases.

Ability to optimize scans for clarity for diagnostic use and to recognize when additional scans or different positioning is needed to fully illustrate exam area. Knowledge of complex radiographic exposure techniques such as determination of technical factors and machine geometry of linear tomographic X-ray machines or equipment of similar complexity. Ability to perform calculations of critical technical factors needed to show the difference between organs, glands, etc. of similar density when contrast material cannot be used such as adapting for age, structure and patient size when performing mammography, or use of contrast materials in invasive examinations. Knowledge of radiographic positioning required in complex procedures such as lumbar myelography including sequences of positioning, alignment of X-ray beams and localizing of contrast medium. Skill to apply such knowledge to perform complex radiographic procedures such as bronchography, lymphangiography, or xerographic mammography.

Ability to visualize the position and functioning of three-dimensional forms within the body from a two-dimensional presentation (sonogram or cathode ray screen).

Skill in setting up, adjusting, operating, and maintaining diagnostic, tomography and ancillary equipment.

In addition to the knowledge described above, a practical knowledge of instruments used in the specialization to make adaptations and adjustments and interpret test results based on previous experience and observation. This level requires practical knowledge of intricate examination or treatment procedures. A basic knowledge of anatomy and physiology including location and function of the major body organs and structures as they relate to the specialization. Knowledge of the common diseases and their effects associated with the specialization. Skill to apply knowledge in adapting instruments to perform a full range of specialized tests or nonroutine diagnostic or treatment procedures requiring many steps, and various approaches and procedures based on findings from the early steps. Knowledge of pharmacology and chemistry to understand drug action, effects, and method of administration. Ability to work as a member of a team when performing procedures that require making rapid and accurate observations or adjustments to established practices. Skill to prepare summary of test results, workload reports, and related documents.

1. Complete knowledge of complex instrumentation utilized to extract finest quality performance from the equipment.

2. Ability to deviate from normal techniques when necessary and to develop new and better techniques to keep diagnostic capability up to date.

3. Knowledge of radiation protection standards, devices, and techniques.

4. Knowledge of anatomy and physiology.

5. Knowledge of methods, techniques and quality control for digital imaging.

SUPERVISION AND GUIDANCE RECEIVED:

Works under the supervision of the Chief Radiologic Technologist who advises on matters such as general operation of the Radiology section and patient relationships and occasionally spot checks radiographs for diagnostic quality. When working on CT procedures, the Radiologist will indicate which actions should be performed. The technologist is responsible for the technical procedures to accomplish these directions.

Radiologists provide guidelines initially, but textbooks, technical manuals, and current articles are available for additional guidelines in adapting the general requirements of the procedure to the specific condition of the patient.

Standard operating procedures cover the number, type and sequence of exposures for each kind of examination. Technique charts are available for typical settings of kilovoltage, milliamperage, distance and time for techniques. Textbooks and technical manuals on radiography are available for additional guidance in adapting the general requirements of the procedure to the specific condition of the patient. Technologists must use judgment to deviate from standard procedures and tables to compensate for patient’s injuries, illness, or physical disabilities in accordance with established precedent and methods of calculations. The technologist maintains up-to-date knowledge of new developments in the field and exercises judgment to evaluate their usefulness.

PERSONAL CONTACTS AND PURPOSE OF CONTACTS:

Personal contacts are with patients, with doctors, and with fellow employees in a hospital setting.

These contacts are for the purpose of making x-ray studies. Contacts with doctors are to resolve problems concerning scheduling of patients and requested procedures. Those with fellow workers are to establish a working relationship to accomplish the job. Contacts with patients are to explain the procedure to be done, often to patients who are unfamiliar with x-ray examinations and to direct patients how to move to achieve correct positioning. Some patients are ill, injured or nervous which requires the technologist to provide reassurance and comfort.

PHYSICAL DEMANDS AND WORK ENVIRONMENT:

The work requires long periods of standing and walking. There is some bending and carrying moderately heavy items such as cassettes. It is often necessary to physically lift the patient from carts to x-table with assistance from others. The work area is well lit and temperature controlled.

Special safety precautions are used to reduce exposure to x-rays. These include using minimum exposure settings for the x-ray machine and never operating the machine except from behind a protective screen or when wearing protective clothing such as a lead apron. The contract vendor will provide the radiation dosimeter badge for their employee.

QUALITY ASSURANCE:

In working with the Chief Technologist assuring work is satisfactory, work will be thoroughly monitored and approved. Contract will be monitored by Quality Assurance Surveillance Plan put into place. After approval, payment shall be invoiced to Property and Supply Procurement for payment. Along with this invoice, there shall be a record of time worked, signed by office or designee.

1. Authority

1.1. No person other than the Contracting Officer has authority to bind the Government with res pect to this contract.

1.2. No action or omission of any government employee or representative other than the Contracting Officer shall increase or decrease the scope of this contract or shall otherwise modify the terms and cond itions of this contract.

1.3. In no event shall any of the following be effective or binding on the Government or impute d to the Contracting Officer with respect to this contract:

1.3.1.An understanding or agreement between the Contractor and anyone other than the C ontracting Officer;

1.3.2.A purported modification or change order issued by anyone other than the Contracti ng Officer;

1.3.3.A promise by anyone other than the Contracting Officer to provide additional fundi ng or make payments; or

1.3.4.An order, direction, consent, or permission from anyone other than the Contracting Officer to:

1.3.4.1. Incur costs in excess of a specified estimated

cost, allotment of funds, or other ceiling; or

1.3.4.2. Expend hours in excess of a specified level of effort.

COR Information:

Nathan Albertson Nathan.Albertson@ihs.gov

CLAUSES INCORPORATED BY REFERENCE

(Firm Fixed-Price, Non-Personal 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): www.acquisition.gov/far.

52.252-2 Clauses Incorporated by Reference. (FEB 1998) This purchase order 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 address: www.acquisition.gov/far

“System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.”

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 November 2024

2. 52.204-9 Personal Identity Verification of Contractor Personnel January 2011

3. 52.204-13 System for Award Management Maintenance. October 2018

4. 52.204-16 Commercial and Government Entity Code Reporting August 2020

5. 52.204-18 Commercial and Government Entity Code Maintenance August 2020

6. 52.204-19 Incorporation by Reference of Representations and Certifications December 2014

7. 52.212-1 Instructions to Offerors – Commercial Items September 2023

8. 52.217-8 Contract Terms and Conditions—Commercial Products and Commercial

Services November 2023

9. 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 January 2022

10. 52.224-1 Privacy Act Notification April 1984

11. 52.224-2 Privacy Act April 1984

12. 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities

Or Transactions Relating to Iran – Representation and Certifications June 2020

13. 52.232-39 Unenforceability of Unauthorized Obligations June 2013

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

15. 52.244-6 Subcontracts for Commercial Products and Commercial Services January 2025

(DEVIATION NOV 2025)

II. Federal Acquisition Regulations (FAR) (48 CFR Chapter 1) Clauses in Full Text No. FAR Citation Clause Title Clause Date

1. 52.204-29 Federal Acquisition Supply Chain Security Act Orders – Representation and Disclosures

December 2023

2. 52.212-2 Evaluation-Commercial Products and Commercial Services November 2021

3. 52.212-4 Contract Terms and Conditions – Commercial Products and

Commercial Services November 2023

4. 52.217-8 Option to Extend Services November 1999

5. 52.217-9 Option to Extend the Term of the Contract March 2000

2.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures.

http://www.acquisition.gov/far http://www.acquisition.gov/far

As prescribed in 4.2306(b), insert the following provision:

FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(c) Procedures.

(1) The Offeror shall search for the phrase “FASCSA order” in the System for Award Management

(SAM)( https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

(End of provision)

52.212-2-Evaluation-Commercial Products and Commercial Services.

As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

Evaluation—Commercial Products and Commercial Services (Nov 2021) https://www.acquisition.gov/far/part-4#FAR_4_2306 https://www.acquisition.gov/far/part-52#FAR_52_204_30 https://www.acquisition.gov/far/part-52#FAR_52_204_30 https://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_204_30 https://www.acquisition.gov/far/part-4#FAR_4_2303

(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 following factors shall be used to evaluate offers:

1. Technical Capability – The quotation will be evaluated to determine the extent to which the offeror demonstrates the ability to meet or exceed the requirements outlined in the Performance Work Statement (PWS).

2. Past Performance – The Government will evaluate the offeror’s demonstrated record of relevant and recent past performance on similar contracts. This may include information from references, CPARS, or other sources.

3. Price – The Government will evaluate price for reasonableness and realism, as appropriate.

Price and past performance, when combined, are less important than technical capability.

(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.

(End of provision)

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

As prescribed in 12.301(b)(3), insert the following clause:

CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

https://www.acquisition.gov/far/12.301#FAR_12_301 https://www.acquisition.gov/far/52.233-1#FAR_52_233_1

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

https://www.acquisition.gov/far/52.202-1#FAR_52_202_1 https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 https://www.acquisition.gov/far/52.232-34#FAR_52_232_34 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if– http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://www.acquisition.gov/far/52.212-5#FAR_52_212_5 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section7109&num=0&edition=prelim https://www.acquisition.gov/far/33.211#FAR_33_211

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608- 2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

https://www.acquisition.gov/far/32.607-2#FAR_32_607_2 https://www.acquisition.gov/far/32.608-2#FAR_32_608_2

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1352&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section431&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title40-chapter37&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter87&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section40118&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter21&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim https://www.acquisition.gov/far/52.212-5#FAR_52_212_5 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation ( 31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

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

(End of clause)

Alternate I (NOV 2021). When a time-and-materials or labor-hour contract is contemplated, substitute the following paragraphs (a), (e), (i), (l), and (m) for those in the basic clause.

(a) Inspection/Acceptance. (1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of labor rate attributable to profit.]

(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may-

(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1341&num=0&edition=prelim

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to-

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or

(ii) The conduct of one or more of the Contractor’s employees selected or retained by the Contractor after any of the Contractor’s managerial personnel has reasonable grounds to…