IVISS_Solicitation_plus_Attachments_2 _3 _4 _6_and_7.pdf

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Attached to
Integrated Video Image Sharing Systems (IVISS) Federal contract opportunity
Solicitation number
SPE2D116R0001
Issued by
Defense Logistics Agency Troop Support Medical

About this file

This solicitation requests proposals for Integrated Video Imaging Sharing Systems (IVISS) to capture, record, manipulate, and allow viewing of endoscopic video and images across multiple Department of Defense and Veteran's Administration medical facilities. Key requirements include capture devices with high definition video and still image capabilities to receive live and recorded feeds from various endoscopy equipment brands, and enterprise software to manage, view, edit, securely transmit, and store studies and reports through DoD and VA networks. Offerors must provide local storage servers at each medical treatment facility with sufficient five-year capacity based on annual ENT workload volumes provided for Phase 1 and optional Phase 2 sites. Clinical interface functionality, reporting capabilities, and remote access and sharing of exams across facilities are also required. Proposals are due by 3:00PM local time on September 21, 2016.

IVISS Solicitation plus Attachments 2 3 4 6 and 7

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Other files for this federal contract opportunity

Other files attached to Integrated Video Image Sharing Systems (IVISS), newest first.
File Type Posted
SPE2D1-16-R-0001_Integrated_Video_Imaging_Sharing_System_(IVISS)__AMENDMENT_0008.pdf PDF
ATTACHMENT__2_-_Integrated_Video_Imaging_Sharing_System_IVISS)_Response_Form_V4_(Amendment_0007).rtf RTF text file
SPE2D1-16-R-0001_Integrated_Video_Imaging_Sharing_System_(IVISS)__AMENDMENT_0007.pdf PDF
SPE2D1-16-R-0001_Integrated_Video_Imaging_Sharing_System_(IVISS)__AMENDMENT_0006.pdf PDF
ATTACHMENT__11-_Cross_Functional_Diagram_ENT(Amendment_0006).pdf PDF
ATTACHMENT__10-_Radiology_Network_Architecture_(Amendment_0006).pdf PDF
ATTACHMENT__2_-_Integrated_Video_Imaging_Sharing_System_IVISS)_Response_Form_V3_(Amendment_0006).doc DOC document
SPE2D1-16-R-0001_Integrated_Video_Imaging_Sharing_System_(IVISS)__AMENDMENT_0005.pdf PDF
ATTACHMENT__2_-_Integrated_Video_Imaging_Sharing_System_(IVISS)_Response_Form_V2.pdf PDF
SPE2D1-16-R-0001_Integrated_Video_Imaging_Sharing_System_(IVISS)__AMENDMENT_0004.pdf PDF
SPE2D1-16-R-0001_Integrated_Video_Imaging_Sharing_System_(IVISS)__AMENDMENT_0003.pdf PDF
ATTACHMENT__8_-_IVISS_STORAGE_REQUIREMENTS_(AMENDMENT_0003).pdf PDF
ATTACHMENT___9_-_IVISS_WORKFLOW__NETWORK_DIAGRAMS_(AMENDMENT_0003).pdf PDF
SPE2D1-16-R-0001__Integrated_Video_Imagaing_Sharing_System_(IVISS)_AMENDMENT_0002.pdf PDF
SPE2D1-16-R-0001__Integrated_Video_Imagaing_Sharing_System_(IVISS)_AMENDMENT_0001.pdf PDF
ATTACHMENT__2_-_Integrated_Video_Imaging_Sharing_System_(IVISS)_Response_Form_Ver_2.docx DOCX document
ATTACHMENT__5_-_Modification_Price_Book.xls XLS spreadsheet
ATTACHMENT__1_-_IVISS_PRICE_BOOK.xlsx XLSX spreadsheet
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE 17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITON IS

UNRESTRICTED OR

NAICS:

SIZE STANDARD:

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

EMERGING SMALL

BUSINESS

8(A)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

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

334510

SPE2D1-16-R-0001 August 11, 2016

Yasmeen Turner/Jethro Maldonado 215-737-5751/215-737-5518 September 21, 2016

SPE2D1

DLA Troop Support Medical Directorate Capital Equipment Division (FSDB) 700 Robbins Avenue Philadelphia, PA 19111-5092

As indicated on individual delivery orders.

SPE2D1

DLA Troop Support Medical Directorate Capital Equipment Division (FSDB) 700 Robbins Avenue Philadelphia, PA 19111-5092

SL4701

As indicated in the solicitation.

INTEGRATED VIDEO IMAGINING SHARING SYSTEM

(IVISS)

✔ 1

IVISS SOLICITATION SPE2D1-16-R-0001 Page 2 of 96

Table of Contents Intergrated Video Imagaing Sharing Systems (IVISS) Page

Caution Notices Required Items that MUST be submitted with the Solicitation Exceptions to the Solicitation Contractor Code of Business Ethics

Continuation of Blocks from the Standard Form 1449 6 Block 8, Offer Due Date/Local Time 6 Block 9, Issued By 6 Block 17a, Contractor/Offeror 6 Block 17b, Remittance Address 7 Block 19-24, Item No., Schedule of Supplies/Services, Quantity, Unit 7

Contract Clauses 52.212-4 Contract Terms and Conditions—Commercial Items (by reference, see SF

1449, Block 27a)

Addendum to 52.212-4 8 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders—Commercial Items

Addendum Containing Supplementary Clauses in Full Text and by Reference 17 52.252-2 Clauses Incorporated by Reference 30

STATEMENT OF WORK 32

Contract Documents, Exhibits or Attachments

Attachment #1 – Vendor Price Book (Microsoft Excel File) N/A Attachment #2 – Integrated Video Imaging Sharing System (IVISS) Response Form N/A Attachment #3 – Medical Device Risk Assessment Questionnaire v1.1. N/A Attachment #4 – Modification Check List (Microsoft Word File) N/A Attachment #5 – Modification Price Book (Microsoft Excel File) N/A Attachment #6 – Veterans Affairs (VA) Handbook 6500.6 N/A Attachment #7 – Ad Hoc Sample Report N/A

Solicitation Provisions 52.212-1 Instructions to Offerors—Commercial Items, (by reference, see SF 1449, Block

27a)

Addendum to 52.212-1 70 52.212-2 Evaluation—Commercial Items 73 52.212-3 Offeror Representations and Certifications—Commercial Items, Alternate I 75 Addendum to 52.212-3 88 Addendum Containing Supplementary Provisions in Full Text and by Reference 88 52.252-1 Solicitation Provisions Incorporated by Reference 94

IVISS SOLICITATION SPE2D1-16-R-0001 Page 3 of 97

CAUTION NOTICE

This Caution Notice is part of the solicitation and any resultant contract.

Failure to provide ALL of the below information may result in the rejection of your proposal.

Below is a checklist of the information you must submit with your offer under this Request for Proposals. If you have or are planning to submit an offer to this solicitation, please review the checklist below to ensure your proposal will be complete.

You must answer all questions listed below and provide all the information requested in paragraph 1 through 8 as part of your proposal.

1. Did you provide a signed and completed (all clause fill-ins and attachments addressed) copy of Solicitation SPE2D1-16-R-0001?

☐YES ☐ NO

2. Is a completed copy of the Attachment #1 - IVISS Price Book included?

3. Is there a copy of your current Commercial Catalog included with your proposal?

☐YES ☐ NO ☐ N/A

4. Did you complete all fill-ins on each tab of the Attachment #1 - IVISS Price Book .

5. Did you provide a response for each outlined paragraph of the Statement of the Work (SOW) listed in Attachment #2 -Integrated Video Imaging Sharing System (IVISS) Response Form.

6. Did you provide a response for each outlined paragraph of the Statement of Work listed in Attachment #3 -Medical Device Risk Assessment Questionnaire v1.1.

7. If your company’s total sales estimate exceeds $650,000 and you are a large business, did you include your Small Business Subcontracting Plan?

8. Did you provide your exceptions to this solicitation under page 4?

IVISS SOLICITATION SPE2D1-16-R-0001 Page 4 of 97

EXCEPTIONS TO TERMS & CONDITIONS OF THE SOLICITATION MUST BE

LISTED HERE OR ELSE THEY WILL BE CONSIDERED INVALID. VENDORS

MUST NOT EMBED THEIR EXCEPTIONS WITHIN THE BODY OF THE

SOLICIATION OR YOUR PROPOSAL.

IVISS SOLICITATION SPE2D1-16-R-0001 Page 5 of 97

CONTRACTOR CODE OF BUSINESS ETHICS (OCT 2015)

FAR Part 3.1002(a) requires all government contractors to conduct themselves with the highest degree of integrity and honesty. Contractors should have a written code of business ethics and conduct within thirty days of award. To promote compliance with such code of business ethics and conduct, contractors should have an employee business ethics and compliance training program that facilitates timely discovery and disclosure of improper conduct in connection with government contracts and ensures corrective measures are promptly instituted and carried out. A contractor may be suspended and/or debarred for knowing failure by a principal to timely disclose to the government, in connection with the award, performance, or closeout of a government contract performed by the contractor or a subcontract awarded there under, credible evidence of a violation of federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in title 18 of the United States Code or a violation of the False Claims Act. (31 U.S.C. 3729-3733)

This solicitation or contract includes FAR clause 52.203-13 - CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT; the contractor shall comply with the terms of the clause and have a written code of business ethics and conduct; exercise due diligence to prevent and detect criminal conduct; promote ethical conduct and a commitment to compliance with the law within their organization; and timely report any violations of federal criminal law involving fraud, conflict of interest, bribery or gratuity violations found in title 18 of the United States Code or any violations of the False Claims Act. (31 U.S.C. 3729-3733). When FAR 52.203-13 is included in the contract, contractors must provide a copy of its written code of business ethics and conduct to the contracting officer upon request by the contracting officer.

IVISS SOLICITATION SPE2D1-16-R-0001 Page 6 of 97

Continuation of Blocks from SF 1449

NOTE: Vendor, Contractor, and Offeror are used in this document and they are interchangeable.

1. Block 8: Offer Due Date/Local Time: 3:00PM LOCAL TIME, September 21, 2016

2. Block 9:

Address and Submit “mailed” offers to:

Defense Logistics Agency (DLA)

Troop Support Post Office Box 56667

Philadelphia, PA 19111-6667 Solicitation Number: SPE2D1-16-R-0001

Opening/Closing Date and Time: 3:00PM LOCAL TIME, September 21, 2016

Address and Deliver “hand carried” offers, including delivery by commercial carrier, to:

DLA Troop Support

Business Opportunities Office Bldg. 36, 2nd Floor, Room 2035

700 Robbins Avenue Philadelphia, PA 19111-5092

Solicitation Number: SPE2D1-16-R-0001 Opening/Closing Date and Time: 3:00PM LOCAL TIME, September 21, 2016

Notes: All hand carried offers are to be delivered to the Business Opportunities Office between 8:00 a.m. and 5:00 p.m., Monday through Friday, except for legal federal holidays as set forth in 5 USC 6103. Offerors using a commercial carrier service must ensure that the carrier service “hand carries” the package to the Business Opportunities Office specified above for hand carried offers prior to the scheduled opening/closing time. Package must be plainly marked ON THE OUTSIDE OF THE COMMERCIAL CARRIER’S ENVELOPE with the solicitation number, date, and time set forth for receipt of offers as indicated in Block 8 of the Standard Form 1449.

Examples of “hand carried” offers include: In-person delivery by contractor, Fed Ex, Airborne, UPS, DHL, Emery, other commercial carrier, USPS Express Mail, and USPS Certified Mail.

3. Block 17a: Offeror’s assigned Data Universal Numbering System (DUNS) Number:_____________.

(If you do not have a DUNS number, contact the individual identified in Block 7a of the SF 1449 or see 52.212-1, Instructions to Offerors—Commercial Items (paragraph j) for information on contacting Dun and Bradstreet.) Offeror’s assigned Contractor and Government Entity (CAGE) Code: ______________.

IVISS SOLICITATION SPE2D1-16-R-0001 Page 7 of 97

4. Block 17b: Remittance Address: (if different from Contractor/Offeror address in block 17a of the SF 1449.)

5. Blocks 19-24: Intergrated Video Imagaing Sharing Systems (IVISS). The DLA Troop Support is requesting proposals for IVISS that meet the minimum requiremts as defined herein. Unless otherwise noted, the government is soliciting for strictly commercial material in accordance with the Federal Acquisition Streamlining Act (FASA) FAR Part 12 “Commercial Items.” Unless otherwise authorized, all items supplied shall be new, original manufacturer items. They shall not consist of any reconditioned, rebuilt, remanufactured, etc. items. IVISS includes:

IVISS Systems and Components System Options and Accessories Upgrades Training

Post-Warranty Maintenance

6. Solicitation Questions: Vendor questions must be submitted by 3:00 PM LOCAL TIME, September 14, 2016 for consideration. Questions must be emailed to the following DLA Personnel:

Ms. Donna Kennedy, Contracting Officer, donna.kennedy@dla.mil Mr. Jethro Maldonado, Acquisition Specialist, jethro.maldonado@dla.mil Ms. Yasmeen Turner, Acquisition Specialist, yasmeen.turner@dla.mil mailto:donna.kennedy@dla.mil mailto:jethro.maldonado@dla.mil mailto:yasmeen.turner@dla.mil

IVISS SOLICITATION SPE2D1-16-R-0001 Page 8 of 97

Contract Clauses

Note: 52.212-4, Contract Terms and Conditions—Commercial Items (MAY 2015) is incorporated in this solicitation by reference. Its full text may be accessed electronically at https://www.acquisition.gov/far/index.html. Text is available for viewing in Subpart 52.2 Text of Provisions and Clauses, through either the HTML or PDF Format links.

Addendum to 52.212-4:

The following paragraphs of 52.212-4 are amended as indicated below:

1. Paragraph (g), Invoice. In order to receive payment, the vendor must submit an electronic invoice as identified in below under “Payment Office and Invoicing Instructions.”

2. Paragraph (i), Payment.

a. Delivery Orders Requiring Installation:

(1) Delivery orders for equipment/systems requiring installation shall allow a commercial interim payment of 80% of the total price of the equipment/system, in accordance with FAR Part 32. The interim payment will be authorized after a contractor delivers the equipment and the receipt of the equipment is confirmed by the Contracting Officer (see specific VA and DLA Troop Support receiving, acceptance, and payment requirements/procedures discussed below). After acceptance of the contractor’s receiving report in Wide Area Workflow (WAWF) e-Business Suite and the contractor's properly submitted invoice, the 80% percent interim payment will be processed. NOTE: WAWF will be used to represent Wide Area Workflow e-Business Suite throughout the document.

(2) The remaining 20% of the total price of the equipment/system will be paid after final inspection and acceptance. After acceptance of the contractor’s receiving report in WAWF and the contractor’s properly submitted invoice, the 20% final payment will be processed.

(3) Any commercial interim payments are contract financing payments for prompt payment purposes and are not subject to the interest penalty provisions of the Prompt Payment Act in accordance with FAR Subpart 32.9.

b. Delivery Orders without Installation: Delivery orders issued for equipment/systems not requiring installation shall not be eligible for the Commercial Interim Payments. These orders shall be issued with 100% of the total price of the equipment/system and payment will be authorized after a contractor delivers the equipment and the receipt of the equipment is confirmed by the Contracting Officer. After acceptance of the contractor’s receiving report in WAWF and the contractor’s properly submitted invoice, the 100% payment will be processed.

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

IVISS SOLICITATION SPE2D1-16-R-0001 Page 9 of 97

c. Payment Office and Invoicing Instructions: Vendors shall use WAWF for inspection, acceptance and invoicing. The following procedures will apply for all delivery orders:

(1) The vendor shall send an official e-mail Notification of Delivery and Readiness for Inspection Testing (after delivery for orders requiring installation) or Notification of Installation Completion and Readiness for Inspection Testing (after installation or for orders without installation) to e-mail addresses specified in each order and copying the DLA Troop Support Biomedical Engineer. The Government shall have 30 calendar days to complete the Inspection Testing from the date of the e-mail notification. The subject line of this e-mail shall be “Installation Completion – Readiness for Inspection Testing Notification” or “Notification of Delivery” if requesting a commercial interim payment. This e-mail shall include the following as a minimum:

(a.) Complete contract number including delivery order number.

(b.) Description of the equipment and/or CLINs to be inspected.

(c.) The Installation Location (Hospital/Facility Name, Room # & Base/City/State).

(d.) Contractor’s notification POC information: Name, title, telephone # and e-mail address.

(e.) Contractor’s Inspection POC: Name, title, telephone # and e-mail address.

(f.) Statement requesting customer to:

Confirm delivery Inspect equipment Relay results to DLA within 30 calendar days

Attach any applicable documentation such as Proof of Delivery or customer signoffs to e-mail and WAWF receiving report. An automated WAWF receiving report submission notification is not sufficient for the above notification requirement

(2) Concurrently with sending of the official e-mail notification, the contractor shall submit a “Material Inspection and Receiving Report” in the form of an “Other/Other Receiving Report (RR) only” in WAWF. NOTE: We do not accept COMBOs.

Critical WAWF Codes for Other/Other Receiving Report:

Pay Office: SL4701 Issue By = SPE2D1 Admin By = Inspect By = Accept at Other = SPE2D1 Ship to: Provided in each delivery order

Errors in critical WAWF codes will result in delayed inspection of the receiving report and may require correction or resubmission prior to processing.

(3) The DLA Troop Support engineer shall confirm delivery/inspection with the customer and “Inspect” (digitally sign) the receiving report within 30 calendar days, if no deficiencies are identified.

IVISS SOLICITATION SPE2D1-16-R-0001 Page 10 of 97

(4) The DLA Troop Support Contracting Officer shall “Accept” (digitally sign) the receiving report within the same allotted 30 calendar days. The Contracting Officer is the only Government representative who can authorize acceptance in WAWF.

(5) After the Contract Officer has accepted the receiving report, the vendor shall create and submit an “Invoice Only” from the receiving report in WAWF. This results in a system generated e-mail stating that the invoice has been processed. Upon receipt of the contractor’s invoice, payment will be made in accordance with contract terms, net 30 days. DO

NOT SUBMIT AN INVOICE PRIOR TO THE CONTRACTING OFFICER ACCEPTING THE

RECEIVING REPORT.

3. Paragraph (t), System for Award Management.

Add the following paragraph:

(a) Definitions.

“System for Award Management (SAM) database” means the primary Government repository for contractor information required for the conduct of business with the Government.

“Commercial and Government Entity (CAGE) Code” means—

(1) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and maintains in the CAGE master file. This type of code is known as an “NCAGE code.”

“Data Universal Number System (DUNS) Number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) Number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern.

(D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11 of the Federal Acquisition Regulation) for the same parent concern.

“Registered in the System for Award Management database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, and Contractor and Government Entity (CAGE) code into the SAM database;

(2) The contractor has completed the Core Data, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service. The Contractor will be required to provide consent for TIN validation to the Government as part of the SAM registration process; and

(4) The Government has marked the record “Active.”

IVISS SOLICITATION SPE2D1-16-R-0001 Page 11 of 97

52.212-5 - CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUN 2016)

(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

(2) 52.233-3, Protest after Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

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

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 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).

___ (3) 52.203-15, Whistleblower Protections Under the American Recovery and

Reinvestment Act of 2009 (JUN 2010) (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 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved].

___ (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L.

111-117, section 743 of Div. C.);

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-

Delivery Contracts (JAN 2014) (Pub. L. 111-117, section 743 of Div. C.);

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) (31 U.S.C. 6101 note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) (41 U.S.C. 2313).

___ (10) [Reserved].

___ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV

2011) (15 U.S.C. 657a).

_____ (ii) Alternate I (NOV 2011) of 52.219-3.

_X_ (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 (JAN2011) 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)

IVISS SOLICITATION SPE2D1-16-R-0001 Page 12 of 97

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

___ (ii) Alternate I (OCT 1995) of 52.219-7 ___ (iii) Alternate II (MAR 2004) of 52.219-7 _X_ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637 (d)(2) and (3)).

_X_ (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2015) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (OCT 2001) of 52.219-9 _X_ (iii) Alternate II (OCT 2001) of 52.219-9 ___ (iv) Alternate III (OCT 2015) 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 (NOV 2011) (15 U.S.C.

637(a)(14)).

_X_ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

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

(JUL 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) 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 (WOSB) Concerns Eligible Under the WOSB

Program (DEC 2015) (15 U.S.C. 637(m)).

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

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (FEB 2016) (E.O. 13126).

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

_X_ (28) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).

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

_X_ (30) 52.222-36, Affirmative Action for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

_X_ (31) 52.222-37, Employment Reports on Veterans (FEB 2016)

(38 U.S.C. 4212).

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

_X_ (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015)

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

___ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and

E.O. 13627).

___ (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

IVISS SOLICITATION SPE2D1-16-R-0001 Page 13 of 97

22.1803.)

___ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for

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

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

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

___ (38)(i) 52.223-13, Acquisition of EPEAT ® - Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

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

(E.O.s 13423 and 13514).

___ (ii) Alternate I (JUN 2014) of 52.223-14 ___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

___ (41)(i) 52.223-16, Acquisition of EPEAT ® - Registered Personal Computer

Products (OCT 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (JUN 2014) of 52.223-16.

___ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While

Driving (AUG 2011).

_X_ (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693) ___ (44) 52.223-21, Foams (JUN 2016) (E.O. 13693) ___ (45) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 83).

___ (46)(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.

___ (47) 52.225-5, Trade Agreements (FEB 2016) (19 U.S.C. 2501, et seq., 19

U.S.C. 3301 note).

_X_ (48) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (49) 52.225-26, Contractors Performing Private Security Functions Outside the

United States (JUL 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2303 Note).

___ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

IVISS SOLICITATION SPE2D1-16-R-0001 Page 14 of 97

___ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

___ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (53) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

_X_ (54) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (JUL 2013)(31 U.S.C. 3332).

___ (55) 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management (JUL 2013) (31 U.S.C. 3332).

___ (56) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

___ (57) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a) ___ (58)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels

(Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

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

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

___ (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor

Standards – Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards – Price Adjustment (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor

Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment— Requirements (MAY 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) ____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations

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

___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C.

5112(p)(1)).

IVISS SOLICITATION SPE2D1-16-R-0001 Page 15 of 97

(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) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (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.

(iii) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014)(E.O. 13495).

Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (APR 2015)

(v) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).

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

(vii) 52.222-36, Affirmative Action for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212);

(ix) 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.

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

(xi) _X_ (A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C.

chapter 78 and E.O. 13637).

IVISS SOLICITATION SPE2D1-16-R-0001 Page 16 of 97

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

13637).

(xii) 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)

(xiii) 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)

(xiv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989)

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015)

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (JUL 2013)(Section 862 as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10U.S.C. 2302 Note);

(xvii) 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.

(xviii) 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.

IVISS SOLICITATION SPE2D1-16-R-0001 Page 17 of 97

Addendum Containing Supplementary Clauses in Full Text and by Reference

The following additional clauses are set forth in FULL TEXT:

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $0 ,the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of the remaining amount of the contract maximum limitation

(2) Any order for a combination of items in excess of the remaining amount of the contract maximum limitation; or

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

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216- 21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY (OCT 1995)

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

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

IVISS SOLICITATION SPE2D1-16-R-0001 Page 18 of 97

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after 365 days after delivery order issuance.

252.216-7006 ORDERING (MAY 2011) DFARS

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule.

Such orders may be issued from date of contract award through the end of the contract period (or the end of each option period).

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

(c)(1) If issued electronically, the order is considered “issued” when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.

(2) If mailed or transmitted by facsimile, a delivery order or task order is considered “issued” when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.

(3) Orders may be issued orally only if authorized in the schedule.

52.216-9006 – Addition/Deletion of Items (AUG 2005) DLAD

(a) The Government reserves the right to unilaterally delete items that were available from only one manufacturer at the time of award if an alternate source of supply becomes available or the Government's requirements are modified to provide for full and open competition. The Government will provide a 30 day advance notice to the contractor prior to deleting any item from the contract.

(b) New items may be added to the contract through bilateral modification with negotiated prices. All new requirements are subject to synopsis prior to addition to the contract.

(c) Discontinued Items:

(1) The contractor agrees to provide the Government with immediate, written notification when an item is to be discontinued by the manufacturer, including a recommendation for any

IVISS SOLICITATION SPE2D1-16-R-0001 Page 19 of 97 potential substitute or replacement items. If the Government elects to include a substitute or replacement item in the contract, the contract will be modified accordingly.

(2) If an item is discontinued without replacement, the notice should include a recommendation concerning the availability of items that are comparable in form, fit, and function. The contractor shall not incur any costs related to alternate sources of supply without the express written approval of the Contracting Officer. The Government has the option to make a last time order, or series of orders, within 30 days after receiving written notification of the discontinued item after which the item will be deleted from the contract. The contractor shall honor any last time order unless it is returned to the ordering office within 10 days after issuance, with written notice stating the full quantity is not available for shipment. The terms of such order(s) will be negotiated by the parties, including changes to the delivery schedule and maximum quantity available for shipment.

52.223-3 - Hazardous Material Identification and Material Safety Data (Jan 1997) FAR

(a) “Hazardous material,” as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material (If none, insert “None”)

Identification No.

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph

(d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

IVISS SOLICITATION SPE2D1-16-R-0001 Page 20 of 97

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government’s rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to --

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

252.223-7001 – Hazard Warning Labels (DEC 1991) DFARS

(a) “Hazardous material,” as used in this clause, is defined in the Hazardous Material Identification and Material Safety Data clause of this contract.

(b) The Contractor shall label the item package (unit container) of any hazardous material to be delivered under this contract in accordance with the Hazard Communication Standard (29 CFR

1910.1200 et seq). The Standard requires that the hazard warning label conform to the requirements of the standard unless the material is otherwise subject to the labelling requirements of one of the following statutes:

(1) Federal Insecticide, Fungicide and Rodenticide Act;

(2) Federal Food, Drug and Cosmetics Act;

(3) Consumer Product Safety Act;

(4) Federal Hazardous Substances Act; or

(5) Federal Alcohol Administration Act.

(c) The Offeror shall list which hazardous material listed in the Hazardous Material Identification and Material Safety Data clause of this contract will be labelled in accordance with one of the Acts in paragraphs (b)(1) through (5) of this clause instead of the Hazard Communication Standard. Any hazardous material not listed will be interpreted to mean that a label is required in accordance with the Hazard Communication Standard.

MATERIAL (If None, Insert “None.”) ACT

IVISS SOLICITATION SPE2D1-16-R-0001 Page 21 of 97

(d) The apparently successful Offeror agrees to submit, before award, a copy of the hazard warning label for all hazardous materials not listed in paragraph (c) of this clause. The Offeror shall submit the label with the Material Safety Data Sheet being furnished under the Hazardous Material Identification and Material Safety Data clause of this contract.

(e) The Contractor shall also comply with MIL-STD-129, Marking for Shipment and Storage (including revisions adopted during the term of this contract).

252.225-7021 - Trade Agreements – Alternate II (OCT 2015) DFARS

(a) Definitions. As used in this clause— “Caribbean Basin country end product”—

(i) Means an article that—

(A) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(B) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services (except transportation services) incidental to its supply, provided that the value of those incidental services does not exceed the value of the product itself; and

(ii) Excludes products, other than petroleum and any product derived from petroleum, that are not granted duty-free treatment under the Caribbean Basin Economic Recovery Act (19 U.S.C.

2703(b)). These exclusions presently consist of—

(A) Textiles, apparel articles, footwear, handbags, luggage, flat goods, work gloves, leather wearing apparel, and handloomed, handmade, or folklore articles that are not granted duty-free status in the Harmonized Tariff Schedule of the United States (HTSUS);

(B) Tuna, prepared or preserved in any manner in airtight containers; and

(C) Watches and watch parts (including cases, bracelets, and straps) of whatever type, including, but not limited to, mechanical, quartz digital, or quartz analog, if such watches or watch parts contain any material that is the product of any country to which the HTSUS column 2 rates of duty (HTSUS General Note 3(b)) apply.

“Commercially available off-the-shelf (COTS) item”—

(i) Means any item of supply (including construction material) that is—

(A) A commercial item (as defined in paragraph (1) of the definition of “commercial item” in section 2.101 of the Federal Acquisition Regulation);

(B) Sold in substantial quantities in the commercial marketplace; and

(C) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(ii) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into an end product.

“Designated country” means—

(i) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, IVISS SOLICITATION SPE2D1-16-R-0001 Page 22 of 97

Switzerland, Taiwan (known in the World Trade Organization as “the Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu” (Chinese Taipei)), or the United Kingdom);

(ii) A Free Trade Agreement country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Peru, or Singapore);

(iii) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(iv) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica,…

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