SP4701-20-R-0018.pdf

SP4701-20-R-0018 Page 1 of 65 IQVIA Medical Subscription

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COMBINED SYNOPSIS/SOLICITATION

REQUEST FOR PROPOSAL (RFP)

(1) Action Code: N/A

(2) Date: August 18, 2020

(3) Year: 2020

(4) Contracting Office Zip Code: 19111

(5) Classification Code: 511210

(6) Contracting Office Address:

DLA Contracting Services Office Philadelphia 700 Robbins Avenue, Building # 26/2, North Side Philadelphia, PA 19111

(7) Subject: IQVIA Medical Subscription

(8) Proposed Solicitation Number: SP4701-20-R-0018

(9) Closing Response Date: September 1, 2020 by 11:00 AM Eastern Time

(10) Contact Points:

Contract Specialist: Jessica Reilly; Jessica.Reilly@dla.mil; 215-737-0879 Contracting Officer: Donald Hinkson; Donald.Hinkson@dla.mil; 215-737-4337

(11) Contract Award: N/A

(12) Contract Award Dollar Amount: N/A

(13) Contract Line Item Number: See section (16)(vii) below.

(14) Contract Award Date: N/A

(15) Contractor N/A

(16) Description:

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format provided at FAR 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. This requirement is being issued on an unrestricted basis.

SP4701-20-R-0018

IQVIA Medical Subscription

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(ii) Solicitation Number: SP4701-20-R-0018; this solicitation is issued as a Request for Proposal (RFP).

(iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-04.

(iv) The North American Industrial Classification System (NAICS) code for this acquisition is 511210 (Size Standard: $41,500,000.00).

(v) BASIS FOR AWARD: This procurement will be awarded to a responsible vendor on a sole source basis in accordance with the provisions of FAR Part 12 and 15.4. The Government will review the proposal for technical acceptability at a fair and reasonable price. The Government will review the proposal to ensure that the proposal meets the requirements set forth in the Performance Work Statement (PWS). Technical acceptability will be based on the vendor demonstrating an understanding of the PWS.

The offeror is responsible for providing adequate documentation to enable a thorough evaluation of the proposal. The vendor shall submit a proposal that clearly and concisely describes and defines the vendor’s response to the objectives/requirements contained in the RFP.

(vi) Description of requirements for the items to be acquired:

PWS:

GENERAL INFORMATION

This contract is a Firm Fixed Price contract. The contract consists of one (1) base year with the option to extend the contract for two (2) additional one-year option periods.

The maximum duration of the contract, with all options exercised is three (3) years.

STATEMENT OF WORK

COMMERCIAL ASSET VISIBILITY DATA

1.0 Background

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Department of Defense medical readiness planners assess the readiness posture of an item, group of items, project or program. The ability to view Services' requirements and report on the commercial sector's ability to provide materiel to meet those requirements is essential. The Readiness Management Application (RMA) will be the source for accumulating disparate data to effectively determine what materiel can be used to meet the Services' requirements. The purchase of commercial sales data for all medical product lines will be an integral part of Medical Master Catalog (MMC) success.

2.0 Objective and Scope

The intent of this solicitation is to purchase data, already available from a supplier, that provides visibility and insight into what medical materiel is being sold in the commercial side of the medical healthcare industry. The intent is to gather all pharmaceutical and medical/surgical commercial sales data available.

DLA Troop Support is contracting for the licensing of both pharmaceutical sales data and medical/surgical sales data as well as supporting data, such as product synonym files and packaging information necessary to maximize the usefulness of the commercial sales data.

The data required by DLA Troop Support shall include manufacturer names, full manufacturer catalog numbers, National Drug Codes (NDCs) for pharmaceuticals, monthly sales by product, monthly sales by product packaging configuration, and any synonyms for the commercial product (e.g. if the catalog number changed). It is the intent of the Government to assimilate all the supplier's pharmaceutical and medical surgical commercial sales data into the Government's readiness supporting system. The supplier is responsible for assisting the Government in assimilating all the supplier's commercial sales data for the pharmaceutical and medical surgical products sales data that the supplier captures into the Government's supporting readiness applications.

Contractor services are incidental to supply of data. Contractor services are included as part of Medical/Surgical Sales Data Contract Line Item Numbers (CLINs) 0003 for the base year and 1003 and 2003 for the option years are not to exceed the amounts awarded under those CLINs.

The contractor services are to review the Government Readiness data-sets, at the contractually agreed-upon rates of assimilation.

IQVIA Medical Subscription

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3.0 Military Customer Base for DLA Troop Support products and services

The customer base for this data will include DLA Troop Support employees, including contractors, and employees of the Department of Defense and other Federal Agencies.

The systems that will hold commercial sales data are the:

Medical Master Catalog (MMC) Medical Contingency Requirements Workflow (MCRW) Medical Product Data Bank (MedPDB) Medical Supply Chain – Price Research Platform (MSC-PRP) And any other System deemed necessary to support Readiness

4.0 Request for Proposal for Complete List of Requirements

The Supplier is requested to submit a proposal that shall include a detailed pricing structure for each of the requirements listed below. Pricing should be for each individual requirement.

1. Monthly pharmaceutical commercial sales data shall be provided in units and dollars by product by packaging and form presentation (prescription (RX) versus Over The Counter (OTC) packaging).

The commercial sales data required by the Government for each unique product shall be the national projection quantities of that product derived by the Contractor from data collection and statistical sampling techniques that produce sales figures that are widely accepted by the healthcare industry as accurately representing what is actually being sold nationally in the marketplace. The data shall include all NDCs as unique product identifiers. The data shall include sales of:

Prescription pharmaceuticals, both branded and generic Over the counter pharmaceuticals Diagnostic products, usually self-administered

Pharmaceutical sales data shall include sales made by:

Independent pharmacies Chain drugstores Proprietary stores Mass merchandisers Food stores with pharmacies

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Non-Federal hospitals Federal Medical Facilities, including VA hospitals, outpatient facilities and military supply depots Clinics Long term care facilities Direct Sales from manufacturers to wholesalers Health Maintenance Organizations (HMOs)

This requirement above shall be priced as follows:

1) the sales data will be provided in monthly files

2) the monthly sales data will be provided quarterly

3) the quarterly deliverable will provide the previous 24 months of sales data for each product.

2. Monthly medical/surgical commercial sales data shall be provided in units (each) and dollars by product. The commercial sales data required by the Government for each unique product shall be the national projection quantities of that product derived by the Contractor from data collection and statistical sampling techniques that produce sales figures that are widely accepted by the healthcare industry as accurately representing what is actually being sold nationally in the marketplace. The data should include Manufacturer Names and full Catalog Numbers as unique product identifiers. If Universal Product Numbers (UPNs) or Global Trade Item Numbers (GTINs) are available, they shall also be provided for each product. The data shall include sales made by:

Private hospitals City/County/State hospitals Short-term general hospitals Teaching and non-teaching hospitals Hospitals of varying bed-size

This requirement above shall be priced as follows:

1) the sales data will be provided in monthly files

2) the monthly sales data will be provided quarterly

3) the quarterly deliverable will provide the previous 24 months of sales data for each product.

3. The Medical/Surgical industry has no standard system for product identification. The primary means of product identification is the catalog number, which is arbitrarily assigned by the manufacturer or repackager.

This catalog number can change without notice, may be duplicated by other companies, etc. There may even be variations of this number for a given item from the same manufacturer, ( e.g., 12345 if it is sold to Hospital A, and 54321 if it is sold to Hospital B). The supplier shall provide a Synonym File, which provides the links between the various manufacturer names, and various catalog number possibilities for a product and a unique identifier for a product made by the same manufacturer.

4. In the event of war, the DoD is responsible for sourcing, purchasing, and acquiring Medical/Surgical products for the United States Armed Forces. One of DoD's concerns is assurance that all critically required medical and surgical products will be available for acquisition in a time of critical need. However, knowing which products are available in inventory is only one component of DoD's inventory planning requirement. Since DoD has to move material to a contingency theater, DoD uses packaging information as a surrogate for the weight and volume information that is critical to transportation planning. In order to be

IQVIA Medical Subscription

Source Selection Sensitive Information | See FAR 2.101 & 3.104 | FOR OFFICIAL USE ONLY (FOUO) effective, the DoD requires information that specifies which package quantities (boxes of 10, cases of 100, etc.) are being sold most often in the open market. In this pricing option, the supplier shall provide for each medical/surgical product the monthly commercial sales summarized by both the quantity of package units sold (e.g. 75 total boxes of 10 or 215 total cases of 100) and the unit volume associated with each summarized level (e.g. 750 Total Units/21,500 Total Units). This data shall associate sales by packaging configuration to a unique manufacturer name and full catalog number. All manufacturer name and full catalog number synonyms shall be identified for each product. A unique identifier shall be used to identify all items in a unique product line. The supplier shall also provide the Department of Defense with a written explanation of the various steps involved in the production of this file, and if required how to document the file to improve data assimilation into DLA Troop Support supporting systems.

5. The supplier shall submit via Secure File Transfer Protocol (SFTP), or Virtual or Private Network (VPN) the quarterly deliverable of monthly commercial sales data as it relates to the various monthly time periods. The medium by which the data arrives shall be able to be uploaded to a Windows or a Unix server. The medium shall contain a file or lists of files that describe: Name of file, Size of File (Bit, Kilo-Bit), Date and Time file created and a description for any changes in the file structure from one period to another. As the initial requirements are received, the supplier shall provide an in depth data schema along with a comprehensive data dictionary that describes all of the relational tables and their content. This information does not have to be included in each and every deliverable, however, the end user must have a full understanding of the creation and production of the supplier business process. At any point during the current contract and as technology evolves, DLA Troop Support has the right to modify the current process by which they receive Commercial Medical Sales Data via the agreed upon medium. A bi-lateral contract modification would be issued to capture any changes made.

6. Contractor services are incidental to supply of data. Contractor services are included as part of.

Medical/Surgical Sales Data CLINs 0003 for the base year and 1003 and 2003 for the option years are not to exceed the amounts awarded under those CLINs. The contractor services are to review the Government Readiness data-sets, at the contractually agreed-upon rates of assimilation.

5.0 Quarterly Performance Review of Data Assimilation

1. It is the intention of the Government to monitor the progress of the supplier's commercial sales data into the supporting Government readiness systems. The supplier shall provide within 60 days after contract award the unique number of commercial products containing sales data. A unique number is defined as an NDC, a manufacturer name/manufacturer part number or any other product numbering that supports identifying a unique item from a manufacturer, such as UPNs or GTINs. The number of unique product items with sales data will serve as the base level for determining the level of assimilation of said data into the Government readiness systems.

2. Currently IMS is providing 100% of the data; however, ideally, 100% assimilation of the supplier's commercial sales data into the Government readiness support system is the Government's objective. 90% assimilation would be considered acceptable given that not all items may be of interest to the Government or does not match any product within the Government's product database. ·

3. A quarterly review between the supplier and the Government technical and functional personnel will be held 90 days after the initial 60 day list of unique products is provided and three months of sales data has been provided in accordance with the deliverable data. The Government shall report on the progress of the assimilation of the supplier's commercial sales data into the Government's readiness system. Follow-on

IQVIA Medical Subscription

Source Selection Sensitive Information | See FAR 2.101 & 3.104 | FOR OFFICIAL USE ONLY (FOUO) quarterly reviews shall be held every 90 days thereafter to continue to monitor the progress of the supplier's data into the Government readiness system. The purpose of the review is for all concerned parties to continue to work together to improve the acceptability and assimilation of the commercial sales data into Government supporting system.

INVOICING/BILLING INSTRUCTIONS:

a. The Government intends invoicing to be done electronically in accordance with Defense Federal Acquisition Regulations Supplement (DFARS) clause 252.232-7003, Electronic Submission of Payment Requests. (See full version of clause incorporated below.) The DLA Contracting Services Office- Philadelphia will utilize the Department of Defense Wide Area Workflow (WAWF) Receipt and Acceptance System to accept supplies/services delivered under this Blank Purchase Agreement (BPA). This web-based system is located at https://wawf.eb.mil and provides technology for DOD contractors and authorized DOD personnel to generate, capture, and process receipt and payment related documentation in a paperless environment.

Invoices for supplies/services rendered under this blanket purchase agreement shall be submitted electronically through WAWF.

b. It is recommended that the person in your company designated as the Central Contract Registration (CCR) Electronic Business (EB) Point of Contact and everyone responsible for submission of invoices use the online training system for WAWF at http://wawftraining.com.

c. The designated CCR EB POC is responsible for activating the company's Commercial and Government Entity (CAGE) code on WAWF by calling 1-866-618-5988. Once the company is activated, the CCR EB POC must self-register under the company's CAGE code on WAWF and follow the instructions for a group administrator. After the company is set up on WAWF, every additional person responsible for submitting invoices must self-register under the company's CAGE code at https://wawf.eb.mil.

d. The following information is provided for completion of the invoice in WAWF. Contractors must ensure the following DoD Activity Address Codes (DoDAACs) are included on all invoices submitted for payment under this contract (Invoice and Receiving Report Combination):

Invoice and Receiving Report (COMBO).

Contractors must ensure the following DoDAACs are included on all invoices submitted for payment under this contract:

Vendor Cage Code

PAY DODAAC SL4701

WAWF Invoice Type COMBO

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Inspection/ Acceptance Point Destination Issue by DODAAC Admin DODAAC Ship to DODAAC SPM200

Acceptor DODAAC SPM200 DLA Email Notification Linda Stipa

Linda.Stipa@dla.mil 215-737-2174

e. Attachments created in a Microsoft Office product may be attached to the WAWF invoice (e.g. backup documentation such as delivery reports, etc.). Maximum limit for size of each attachment file is 2 MB.

Maximum file size per invoice is 5 MB.

f. After clicking the submit button, a Notice of Successful/ Unsuccessful Submission will appear. This screen contains a "Send More E-Mail Notifications" button. Click on this button and the email address listed below and adds other persons as desired. This additional notification is important to ensure the Government receiver/acceptor is aware that the invoice documents have been submitted in the WAWF system,

g. 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

a) Definitions. As used in this clause-

1) "Contract financing payment" and "invoice payment" have the meanings given in section

32.001 of the Federal Acquisition Regulation.

2) "Electronic form" means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using WAWF or another electronic form authorized by the Contracting Officer.

3) "Payment request" means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.

b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts:

Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/.

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c) The contractor may submit a payment request and receiving request and receiving report using other than WAWF only when

1) The Contracting Officer authorizes use of another electronic form. With such an authorization, the Contractor and the Contracting Officer shall agree to a plan, which shall include a timeline, specifying when the Contractor will transfer to WAWF;

2) DOD is unable to receive a payment request or provide acceptance in electronic form;

3) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer's determination with each request for payment; or

4) DOD makes payment for commercial transportation services provided under a Government rate tender or a contact for transportation services using a DOD - approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., Syndaca, Transportation Financial Management System, and Cargo and Billing System).

d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in

Section G of the contract.

e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment.

(vii) Contract Line Item Number (CLINs):

Base Period: September 30, 2020 through September 29, 2021 CLIN Description Price 0001 Pharmaceutical Sales Data 0002 Relational Data Model for Pharmaceutical Sales Data 0003 Medical/Surgical Sales Data 0004 Relational Data Model for Medical/Surgical Sales Data 0005 Medical/Surgical Synonym File 0006 Package Allocation for Medical/Surgical Data 0007 Comprehensive Data Dictionary Total Base Period

Option Period 1: September 30, 2021 through September 29, 2022

CLIN Description Price 1001 Pharmaceutical Sales Data 1002 Relational Data Model for Pharmaceutical Sales Data 1003 Medical/Surgical Sales Data 1004 Relational Data Model for Medical/Surgical Sales Data 1005 Medical/Surgical Synonym File 1006 Package Allocation for Medical/Surgical Data Total Option Period 1

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Option Period 2: September 30, 2022 through September 29, 2023 CLIN Description Price 2001 Pharmaceutical Sales Data 2002 Relational Data Model for Pharmaceutical Sales Data 2003 Medical/Surgical Sales Data 2004 Relational Data Model for Medical/Surgical Sales Data 2005 Medical/Surgical Synonym File 2006 Package Allocation for Medical/Surgical Data Total Option Period 2

Total Contract Price $

Period of Performance (PoP):

Base Period: September 30, 2020 through September 29, 2021 Option Period 1: September 30, 2021 through September 29, 2022

Option Period 2: September 30, 2022 through September 29, 2023

Point of Contact:

Invoicing/WAWF & Contract Point of Contact:

Linda Stipa Linda.Stipa@dla.mil 215-737-2174

Place of Delivery:

Defense Logistics Agency (DLA) Troop Support Medical 700 Robbins Avenue Philadelphia, PA 19111

(viii) Please send all proposals via email to the following Points of Contact:

Jessica Reilly at 215-737-0879 or Jessica.Reilly@dla.mil Donald Hinkson at 215-737-4337 or Donald.Hinkson@dla.mil

*CLIN / Invoicing instructions will be provided at time of award.

(ix) Delivery of software licenses and maintenance support is required for the following PoP: August 1, 2020 through July 31, 2021 or 12 months from date of award if awarded sooner

(x) The FAR provision, 52.212-1, Instructions to Offerors – Commercial, applies to this acquisition and the following addenda are added to this provision:

1. Addendum to 52.212-1(c) Period for acceptance of offers.

Period of acceptance is __60__ days.

2. Addendum to 52.212-1(e) Multiple offers.

Alternative commercial items may not be considered for award on this instant acquisition, however, may be utilized for market research on future requirements.

3. Addendum to 52.212-1(g) Contract Award.

The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

4. Addendum to 52.212-1(h) Multiple awards.

The Government intends to make one award.

The Government may make more than one award.

Offers may be submitted for quantities less than those specified.

Note: Competitive range is comprised of all the most highly rated proposals. The competitive range may be limited, in accordance with FAR 15.306(c)(2), to only those highly rated proposals that stand a reasonable chance of award in this acquisition.

5. Addendum to 52.212-1(j) Data Universal Numbering System (DUNS) Number.

(Applies to offers exceeding $3,000, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the Internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

6. Addendum to 52.212-1(k): System for Award Management.

Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(xi) The FAR provision, 52.212-2, Evaluation – Commercial Items (OCT 2014), applies to this acquisition. The evaluation criterion for the technical proposal and price proposal is set forth in paragraph below.

(a) The Government will award a contract resulting from this solicitation to the sole source offeror, as this is a directed sole source award.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

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

(xii) Offerors shall include a copy of the FAR provision at 52.212-3 (Jun 2020), Offeror Representations and Certifications – Commercial Items, with its offer.

(xiii) The FAR clause, 52.212-4, Contract Terms and Conditions – Commercial Items

(Oct 2018), applies to this acquisition.

(xiv) The FAR clause, 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders – Commercial Items (Jul 2020), DFARS 252.212-7001, and the FAR clauses noted below apply to this acquisition:

(a) The Contractor shall comply with the following Federal Acquisition Regulation 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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

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(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108- 77 and 108-78 (19 U.S.C. 3805 note)).

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

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

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5)[Reserved].

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

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (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.

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

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

__ (13)[Reserved]

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

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

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

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

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (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 (Aug 2018) 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 (Oct 2019) (15 U.S.C. 657f).

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

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__ (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 (Jan 2020) (E.O.13126).

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

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

__ (ii) Alternate I (Feb 1999) of 52.222-26.

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

__ (ii) Alternate I (July 2014) of 52.222-35.

_X_ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

__ (ii) Alternate I (July 2014) of 52.222-36.

_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 (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

__ (35) (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.)

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__ (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 Televisions (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. 13693).

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

__ (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.

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__ (48) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

__ (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)).

_X_ (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

__ (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).

_X_ (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)(13)).

__ (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.

__ (iii) Alternate II (Feb 2006) 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:

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[Contracting Officer check as appropriate.]

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

__ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (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) (Aug 2018) (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).

__ (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).

(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

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(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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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.

(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

(viii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

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

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

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

(xii) 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.

(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiv)

(A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (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 and E.O 13627).

(xv) 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).

(xvi) 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).

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

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

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O.

13706).

(xx)

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

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

(xxi) 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).

(xxii) 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.

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(xxiii) 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)

Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and

(c) of this clause”.

Alternate II (Aug 2019). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:

(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8 G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—

(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than-

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and

(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).

(C) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115- 91).

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(D) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(E) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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.

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

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

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

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

(J) 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.

(K) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C.chapter 67).

(L) ___(1) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).

___(2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(M) 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).

(N) 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).

(O) 52.222-54, Employment Eligibility Verification (Oct 2015) (Executive…