SP4701-20-R-DATA.pdf

Combined Synopsis/Solicitation

i. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

ii. Solicitation: SP4701-20-R-9999 is hereby issued as a Request for Proposal.

iii. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-05.

iv. No Set-Aside will be used. NAICS: 518210; Size Standard: $35 Million

v. Schedule of Supplies:

Base Period (12/28/2019 – 12/27/2020)

CLIN Description QTY Unit Price Total Price

0001 PriceGuide Services 12 Mo.

0002 Health Devices Gold Services 12 Mo.

TOTAL

Option Period 1 (12/28/2020 – 12/27/2021)

Total Price

1001 PriceGuide Services 12 Mo.

1002 Health Devices Gold Services 12 Mo.

Option Period 2 (12/28/2021 – 12/27/2022)

Total Price

2001 PriceGuide Services 12 Mo.

2002 Health Devices Gold Services 12 Mo.

vi. Subject: Sole Source Requirement for the purchase of Emergency Care Research

Institute (ECRI) PriceGuide, Health Devices Gold, and Sourcebase Gold Services.

vii. Period of Performance:

Base Period: 12/28/2019 – 12/27/2020 Option Period 1: 12/28/2020 – 12/27/2021 Option Period 2: 12/28/2021 – 12/27/2022

Place of Delivery:

Naval Support Activity – Philadelphia DLA Medical Customer Operations and Supplier Operations – Building 6 700 Robbins Avenue Philadelphia, PA 19111

FOB Point: Destination

viii. Provision FAR 52.212-1, Instructions to Offerors-Commercial, applies to this acquisition and addenda is not attached.

ix. Provision FAR 52.212-2, Evaluation-Commercial Items, does not apply to this acquisition. The evaluation will be based on Technical Acceptability and Fair and Reasonable Price.

x. Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items, or ensure their SAM.gov entity information is up-to-date.

xi. Clause FAR 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition and addenda is not attached.

xii. Clause FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition. Details regarding the clause can be found under the clauses section of this Combined Synopsis/Solicitation.

xiii. Additional contract requirement(s) or terms and conditions can be found under the Clauses section of this Combined Synopsis/Solicitation.

xiv. Defense Priorities and Allocations System (DPAS) is not applicable to this acquisition.

xv. Due Date for Offers: December 17, 2019 12:00PM EST

xvi. Contact Information:

Eugene Marrone (Contract Specialist) Email: Eugene.Marrone@dla.mil Phone: 215-737-5230

Thomas Sartin (Contracting Officer) Email: Thomas.Sartin@dla.mil Phone: 215-737-6018

xvii. Statement of Work The Defense Logistics Agency (DLA) Troop Support - Philadelphia Medical Customer Operations and Supplier Operations combine to perform world-wide medical supply chain management for Department of Defense (DoD) medical materiel and supplies directly supporting warfighters in theatre and their families at home. The Defense Medical Logistics Enterprise System (DMLES) - DLA is the suite of information technology (IT) applications that enables all dimensions of Defense Medical Logistics operations and support.

This Request for Quotation (RFQ) is a request for a data feed that provides comprehensive commercial product pricing data for the Medical Product Data Bank (MedPDB) and the Medical Master Catalog (MMC), which is used to benchmark external marketplace medical/surgical product pricing against DMLES - DLA customer requirements. In addition, web resources, online tools, and consultation services help to ensure patient safety and provide informed healthcare technology decisions.

1.1 Requirement Description: The DLA Troop Support Medical Directorate has a need to renew its existing Emergency Care Research Institute (ECRI) data subscription, the PriceGuide subscription data feed of which delivers pricing on medical/surgical supplies and implants utilized by hospitals to benchmark both their existing and proposed spend. Health Devices Gold subscription provides a premier patient safety decision maker to select, use, maintain, and manage healthcare technologies.

This management suite offers medical product test results and ratings, technology guidance, device specifications and supplier information, and free consultation and webinars.

2.1 Services to be Provided

2.1.1 PriceGuide Services:

The Government requires comprehensive medical-surgical supply and procurement, evidence-based, comparative evaluations, price benchmarking data, and proven market analytics to drive supply chain savings on medical-surgical and physician preference items.

The Government requires this benchmark pricing data, paid nationally and regionally on at least 1.5 million unique medical-surgical products. Additionally, the Government requires Low, 25th Percentile, Median, 75th Percentile, and High pricing, as well as manufacturer-based benchmarks.

The Government requires a monthly data feed to include:

o Vendor List (Delivered the 5th of each month) o Data Fields:

o PriceGuide Master Vendor Name o PriceGuide Master Vendor Name - Short o PriceGuide Sourcebase ID o Current Status Flg o PriceGuide Data Feed (Delivered the 10th of each month) o Data Fields:

o Vendor Name o Vendor Catalog Number o Sourcebase Vendor ID o Manufacturer Name o Manufacturer Catalog Number o ManufacturerSourcebase ID o PriceGuide Description o PGUOM o Conversion Factor o Total Quantity o Facilities Represented o PriceGuide Low o PriceGuide Average o UMDNS Code o UMDNS Name

The Government requires a web-based user interface for custom, on-demand analyses of total supply spend.

2.1.2 Health Devices Gold Services:

The Government requires the system that offers web resources and online tools, product comparison, consultation services, reports to ensure patient safety, problem reporting services, as well as services that track and inform of recalls.

2.1.2.1 Health Devices System - A health technology management suite offering unbiased medical product test results and ratings, an early warning system of device safety alerts, expert technology guidance, free consultations and webinars, Top 10 Health Technology Hazards Solutions Kit, and more invaluable tools and resources.

2.1.2.2 Healthcare Product Comparison System - An encyclopedia of medical instrumentation and a guide to purchasing healthcare equipment regardless of its national origin. The system includes hundreds of individual Product Comparisons that are regularly updated with new technical and purchasing information: new features, applications, and techniques; up-to-date listings of suppliers and their products.

2.1.2.3 Sourcebase Gold - A database of manufacturers and distributors of medical devices worldwide, allows you to make more informed medical device purchases. Cross-reference companies and devices; find trade names, key contacts, and company certifications. Find information on more than 1,800 service companies and 21,000 medical product suppliers, plus 170,000 trade names. Access detailed records on North American and international medical manufacturers, including China, Europe, India, and Southeast Asia. Over 11,500 detailed device definitions that provide need-to-know background information help you understand technologies and differentiate similar device types.

The Government requires access to the following Sourcebase Gold components:

o Online access to ECRI’s Health Devices International Sourcebase—the original comprehensive planning and purchasing guide to medical equipment and suppliers. It also includes the following downloadable data files:

o UMDNS Data o All current UMDNS preferred terms and their corresponding unique five-digit Universal

Medical Device Code (UMDC) o All existing Concept definitions (Glossary) o All UMDNS Concept Relationships and entry terms (cross-references) o All UMDNS specialty categories and their corresponding terms o All preferred terms retired since the last release of Sourcebase Gold o The UMDNS Thesaurus in PDF format o The Spanish translation of UMDNS o Sourcebase Company Data o All Sourcebase companies and their associated six-digit code and detailed contact information o All UMDC codes associated with each company o A company history file indicating previous names under which the company operated, including mergers, acquisitions, and name changes o A listing of all subsidiary companies and their corresponding parent companies

3.1 Performance Requirements Summary

The tasks the vendor shall perform are defined in Section 2.1. All deliverables will be submitted to the Contracting Officer’s Representative (COR) for acceptance unless otherwise agreed upon.

The Government will make objective and subjective assessments of the vendor’s performance to determine whether contract performance is acceptable. The vendor is expected to perform all functions in a professional manner and prepare accurate and timely documentation. Progress will normally be tracked based on the milestone event when the vendor receives a specific tasking. Performance may vary with the complexity of the acquisition and/or technical document. It is expected that the documentation and procedures will comply with all major regulatory and process requirements and agency policies and procedures.

3.1.1 Method of Surveillance

The Government will ensure quality assurance and timeliness of all tasks via COR Inspections and Customer Feedback. The Government will inspect and evaluate performance of each completed task or deliverable required in the task order SOW.

3.1.2 Inspection and Acceptance Criteria

Final inspection and acceptance of all work performed, reports and other deliverables will be performed at the place of delivery (see vii) by the COR. All deliverables will be inspected for content, completeness, accuracy, legibility and conformance to contract requirements by the COR. At the discretion of the Government, inspection may include validation of information or software through the use of automated tools and/or testing of the deliverables, as specified in the SOW.

If the Government finds that a draft or final deliverable contains spelling errors, grammatical errors, improper format, or otherwise does not conform to the requirements stated within the task order SOW, the document may be immediately rejected without further review and returned to the vendor for correction and re-submission. If the vendor requires additional Government guidance to produce an acceptable draft, the vendor shall arrange a meeting with the COR.

The basis for acceptance shall be compliance with the requirements set forth in this task order SOW, the vendor's proposal, and other terms and conditions of the contract. Deliverable items rejected shall be corrected in accordance with the applicable clauses. Reports and document deliverables will be accepted when all discrepancies, errors or other deficiencies identified in writing by the COR have been corrected to the Government’s satisfaction.

The vendor shall provide electronic copies of deliverables. Electronic copies shall be delivered via e-mail attachment or other media by mutual agreement of the parties. The electronic copies shall be compatible with the current DLA Microsoft (MS) Office products or other applications as appropriate and mutually agreed to by the parties. The vendor shall use best commercial practices for formatting deliverables under this contract. If the draft deliverable is adequate, the Government may accept the draft and provide comments for incorporation into the final version. All of the Government's comments to deliverables must either be incorporated in the succeeding version or the vendor must demonstrate to the Government's satisfaction why such comments should not be incorporated.

3.1.3 General Acceptance Criteria

General quality measures, as set forth below, will be applied to each work product received from the vendor under the resultant task order. These performance measurements are defined as:

Accuracy – Work products shall be accurate in presentation, technical content, and adherence to accepted elements of style.

Clarity – Work products shall be clear and concise. Any/all diagrams shall be easy to understand and be relevant to the supporting narrative.

Consistency to Requirements – All work products must satisfy the requirements of this Performance Work Statement.

Format – Work products shall be submitted in hard copy (where applicable) and in media mutually agreed upon prior to submission. Hard copy formats shall follow any specified Directives or Manuals. All text and diagrammatic files shall be editable by the Government.

Timeliness – Work products shall be submitted on or before the due dates determined/specified between the task order COR and vendor or submitted in accordance with a later scheduled date determined by the Government.

3.1.4 Fixed Price Performance Based Service Contract Payments

The following procedures apply:

The vendor shall submit a monthly invoice for 100% monthly amount for each SOW CLIN. As part of the COR’s monthly certification process, the COR will indicate on the invoice submitted the amounts authorized for payment for each task based on the performance measures described herein.

The determination for payment will be made in accordance with the procedures set forth below.

The COR or his/her designated representative will advise the vendor of what the Contracting Officer’s (CO’s) authorized amount of payment will be for each month. The vendor may direct questions on any withholding of a payment to the Contracting Officer.

3.1.5 Performance Review and Payments

Below are the Performance Standards that will be used in evaluating performance in determining the amount of the payment owed to the vendor. These Performance Standards apply to the deliverables listed in Section 3.1 and to all performance under this task order SOW.

Overall Performance Ratings Satisfactory – Performance meets or exceeds contractual requirements. The contractual performance reflects some minor problem(s) for which corrective actions taken by the vendor appear or were satisfactory. The COR recommends and the Contracting Officer will make a determination to pay the vendor 100% of the invoice amount.

Fair – Performance does not meet some contractual requirements. The contractual performance reflects a minor problem(s) for which the vendor has not yet identified corrective actions. The vendor’s proposed actions appear only marginally effective or were not fully implemented. The minor performance problem(s) do not adversely impact the mission of the Agency. The COR recommends and the Contracting Officer will make a determination to pay the vendor 90% of the invoice amount.

Marginal – Performance does not meet some contractual requirements. The contractual performance reflects a serious problem(s) for which the vendor has not yet identified corrective actions. The vendor’s proposed actions appear only marginally effective or were not fully implemented. The COR recommends and the Contracting Officer will make a determination to pay the vendor 80% of the invoice amount.

Unsatisfactory – Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance contains a serious problem(s) for which the vendor’s corrective actions appear or were ineffective.

Payment will be withheld pending resolution of cure notice(s). Termination for default or cause may result.

Timeliness Satisfactory Meets or exceeds contractual requirements in terms of timeliness of delivery. The timeliness of contractual performance reflects some minor problem(s) for which corrective actions taken by the contractor appear or were satisfactory.

Fair Does not meet some contractual requirements in terms of timeliness of delivery. The timeliness of contractual performance reflects a minor timeliness problem(s) for which the contractor has not yet identified corrective actions. The contractor’s proposed actions appear only marginally effective or were not fully implemented. The minor timeliness problem(s) do not adversely impact the mission of the Agency.

Marginal Does not meet some contractual requirements in terms of timeliness of delivery. The timeliness of contractual performance reflects a serious problem(s) for which the contractor has not yet identified corrective actions. The contractor’s proposed actions appear only marginally effective or were not fully implemented.

Unsatisfactory Does not meet most contractual requirements in terms of timeliness of delivery and recovery is not likely in a timely manner. The timeliness of contractual performance contains a serious problem(s) for which the contractor’s corrective actions appear or were ineffective.

Quality Satisfactory Meets or exceeds contractual requirements in terms of quality of work performed. The quality of contractual performance reflects some minor problem(s) for which corrective actions taken by the contractor appear or were satisfactory.

Fair Does not meet some contractual requirements in terms of quality of work performed. The quality of contractual performance reflects a minor quality problem(s) for which the contractor has not yet identified corrective actions.

The contractor’s proposed actions appear only marginally effective or were not fully implemented. The minor quality problem(s) do not adversely impact the mission of the Agency.

Marginal Does not meet some contractual requirements in terms of quality. The quality of contractual performance reflects a serious problem(s) for which the contractor has not yet identified corrective actions. The contractor’s proposed actions appear only marginally effective or were not fully implemented.

Unsatisfactory Does not meet most contractual requirements in terms of quality and recovery is not likely in a timely manner. The quality of contractual performance contains a serious problem(s) for which the contractor’s corrective actions appear or were ineffective.

Disincentives are applied for ratings of “Fair”, “Marginal”, and “Unsatisfactory” as follows:

Satisfactory = 100% payment Fair = -10% disincentive Marginal = -20% disincentive Unsatisfactory = Payment will be withheld pending resolution of cure notice(s). Termination for default or cause may result.

Please submit all proposals via email to Eugene.Marrone@dla.mil and Thomas.Sartin@dla.mil and ensure the following source selection statement is included in the footer area of all proposal documents: Source Selection Sensitive Information - FAR 3.104 and 2.101

(1) Evaluation Criteria:

Award will be based on technical acceptability, and fair and reasonable price

Price Factor: The Offeror’s business proposal evaluations will include review of the total proposed price (inclusive of base and option periods). In order to determine if the price is fair and reasonable, the prices proposed by the offeror will be compared to the Independent Government Cost Estimate as well as a comparison to similar services offered in the market.

xviii. Clauses:

FAR 52.216-1 Type of Contract (APR 1984)

The Government contemplates award of a firm fixed price contract resulting from this solicitation.

FAR 52.252-1 -- Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions 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. 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 address:

www.acquisition.gov

FAR 52.212-1 -- Instructions to Offerors -- Commercial Items. (Oct 2018) (DEVIATION 2018-O0018)

FAR 52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Oct 2018)

FAR 52.212-4 -- Contract Terms and Conditions -- Commercial Items (Oct 2018)

Full Text Clauses:

FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Oct 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, 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).

(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).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

_X_ (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.)

__ (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).

__ (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).

__ (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.

__ (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)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O.11755).

X__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Oct 2019) (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.

__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

__ (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.)

__ (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 (Jun2016) (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).

__ (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.

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

__ (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).

__ (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:

[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 or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(e)

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

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

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

(iii) 52.204-23, 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).

(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.

(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)

DFARS 252.232-7006 -- WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC

2018)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

________________________2-in-1___________________________________

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(f) [Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC SL4701 Issue By DoDAAC SP4701 Admin DoDAAC SP4701 Inspect By DoDAAC Ship To Code Ship From Code Mark For Code Service Approver (DoDAAC) TBD AT TIME OF AWARD Service Acceptor (DoDAAC) TBD AT TIME OF AWARD Accept at Other DoDAAC LPO DoDAAC DCAA Auditor DoDAAC

Other DoDAAC(s)

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”)

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

______________TBD AT TIME OF AWARD___________________________________

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

FAR 52.204-23 -- Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018)

(a) Definitions. As used in this clause—

“Covered article” means any hardware, software, or service that–

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

“Covered entity” means–

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from—

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

(End of clause)

FAR 52.204-24 -- Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019)

(a) Definitions. As used in this provision—

“Covered telecommunications equipment or services”, “Critical technology”, and “Substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Representation. The Offeror represents that—

It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph

(c) of this provision, the Offeror shall provide the following information as part of the offer

(1) All covered telecommunications equipment and services offered (include brand;

model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

FAR 52.204-25 -- Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019)

(a) Definitions. As used in this clause—

“Covered foreign country” means The People’s Republic of China.

“Covered telecommunications equipment or services” means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

“Critical technology” means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to…