A.09.03_Solicitation_W81K00-17-T-0268.pdf
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- Cost-Per-Test Coagulation Analyzers
- Solicitation number
- W81K00-17-T-0268
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Department of the Army Medical Command
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W81K00-17-T-0268; HEMATOLOGY COAGULATION ANALYZER - Cost-Per-Test (CPT); San Antonio Military Medical Center (SAMMC), Joint Base San Antonio, TX.
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SEE ADDENDUM
(No Collect Calls)
W81K00-17-T-0268 18-Aug-2017
b. TELEPHONE NUMBER
210-221-3251
8. OFFER DUE DATE/LOCAL TIME
10:00 AM 19 Sep 2017
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA X ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
W81K009. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
GERALDIN I. HERNANDEZ
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
0011020553
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED ORX
SMALL BUSINESS
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
W40M USA HLTH CONTRACTING ACT
SOUTHERN REG CONTR OFC
3551 ROGER BROOK DR BLDG 3600
FORT SAM HOUSTON TX 78234-6200
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE W81NWY 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
W2DN BROOKE ARMY MED CTR
PLACE OF PERFORMANCE
WAREHOUSE RECEIVING DOCK BLDG 3600
3551 ROGERS BROOKE DRIVE
FORT SAM HOUSTON TX 78234-6200
TEL: . FAX: .
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
1,250
NAICS:
325413
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF107
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
W81K00-17-T-0268
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
HEMATOLOGY COAGULATION ANALYZER -CPT
FFP
HEMATOLOGY COAGULATION ANALYZER - Cost-Per-Test (CPT) Agreement The successful offeror shall furnish all equipment, reagents, consumables, controls, and any necessary services (e.g., maintenance of furnished equipment) as per the Statement of Objectives to support the San Antonio Military Medical Center (SAMMC), Joint Base San Antonio, TX.
a. three (3) Hematology Coagulation Analyzer’s: Two (2) high volume (300 or more Samples per day) floor models and one (1) medium volume (150 - 299 Samples per day) table top analyzer.
b. all other computer hardware/software required for the use of the analyzers
Support: The contractor shall provide preventive maintenance as per the Statement of Objectives.
Training: Training will also be provided in accordance with the Statement of Objectives. If the associated equipment/hardware/software become obsolete during the course of this contract, the contractor shall replace the existing equipment with new equipment at no additional cost to the Government, unless approved otherwise by the Contracting Officer.
Note: Quantities are estimated. The Government will order supplies as needed, and only pay for those supplies that are ordered, received, and accepted.
Period of Performance: 01 October 2017 - 30 September 2018
The Government will order items on as-needed basis, and shall only pay for the actual number of tests ordered, received, and accepted by the Government.
Treasury Account Symbol: 97 0130 FOB: Destination
PURCHASE REQUEST NUMBER: 0011020553
NET AMT
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
0001AA 1 Job Manadatory Test
FFP
Manadatory Test - See the Price List below. The list contains anticipated reagents and associated quantities for the Hematology Coagulation Analyzer’s.
Specialty reagents are ordered on an as-needed basis. Payment will only be made for those items that are ordered, received and accepted by the Government.
Treasury Account Symbol: 97-0130.
MAX
OPTION HEMATOLOGY COAGULATION ANALYZER -CPT
FFP
HEMATOLOGY COAGULATION ANALYZER - Cost-Per-Test (CPT) Agreement The successful offeror shall furnish all equipment, reagents, consumables, controls, and any necessary services (e.g., maintenance of furnished equipment) as per the Statement of Objectives to support the San Antonio Military Medical Center (SAMMC), Joint Base San Antonio, TX.
a. three (3) Hematology Coagulation Analyzer’s: Two (2) high volume (300 or more Samples per day) floor models and one (1) medium volume (150 - 299 Samples per day) table top analyzer.
b. all other computer hardware/software required for the use of the analyzers
Support: The contractor shall provide preventive maintenance as per the Statement of Objectives.
Training: Training will also be provided in accordance with the Statement of Objectives. If the associated equipment/hardware/software become obsolete during the course of this contract, the contractor shall replace the existing equipment with new equipment at no additional cost to the Government, unless approved otherwise by the Contracting Officer.
Note: Quantities are estimated. The Government will order supplies as needed, and only pay for those supplies that are ordered, received, and accepted.
The Government will order items on as-needed basis, and shall only pay for the actual number of tests ordered, received, and accepted by the Government.
Period of Performance: 01 October 2018 - 30 September 2019
Treasury Account Symbol: 97 0130
UNIT UNIT PRICE MAX AMOUNT
1001AA 1 Job OPTION Mandatory Test
FFP
Manadatory Test - See the Price List below. The list contains anticipated reagents and associated quantities for the Hematology Coagulation Analyzer’s.
Specialty reagents are ordered on an as-needed basis. Payment will only be made for those items that are ordered, received and accepted by the Government.
OPTION HEMATOLOGY COAGULATION ANALYZER -CPT
FFP
HEMATOLOGY COAGULATION ANALYZER - Cost-Per-Test (CPT) Agreement The successful offeror shall furnish all equipment, reagents, consumables, controls, and any necessary services (e.g., maintenance of furnished equipment) as per the Statement of Objectives to support the San Antonio Military Medical Center (SAMMC), Joint Base San Antonio, TX.
a. three (3) Hematology Coagulation Analyzer’s: Two (2) high volume (300 or more Samples per day) floor models and one (1) medium volume (150 - 299 Samples per day)table top analyzer.
b. all other computer hardware/software required for the use of the analyzers
Support: The contractor shall provide preventive maintenance as per the Statement of Objectives.
Training: Training will also be provided in accordance with the Statement of Work.
If the associated equipment/hardware/software become obsolete during the course of this contract, the contractor shall replace the existing equipment with new equipment at no additional cost to the Government, unless approved otherwise by the Contracting Officer.
Note: Quantities are estimated. The Government will order supplies as needed, and only pay for those supplies that are ordered, received, and accepted.
The Government will order items on as-needed basis, and shall only pay for the actual number of tests ordered, received, and accepted by the Government.
Period of Performance: 01 October 2019 - 30 September 2020
UNIT UNIT PRICE MAX AMOUNT
2001AA 1 Job OPTION Mandatory Tests
FFP
Manadatory Test - See the Price List below. The list contains anticipated reagents and associated quantities for the Hematology Coagulation Analyzer’s.
Specialty reagents are ordered on an as-needed basis. Payment will only be made for those items that are ordered, received and accepted by the Government.
OPTION HEMATOLOGY COAGULATION ANALYZER -CPT
FFP
HEMATOLOGY COAGULATION ANALYZER - Cost-Per-Test (CPT) Agreement The successful offeror shall furnish all equipment, reagents, consumables, controls, and any necessary services (e.g., maintenance of furnished equipment) as per the Statement of Objectives to support the San Antonio Military Medical Center (SAMMC), Joint Base San Antonio, TX.
a. three (3) Hematology Coagulation Analyzer’s: Two (2) high volume (300 or more Samples per day) floor models and one (1) medium volume (150 - 299 Samples per day) table top analyzer.
b. all other computer hardware/software required for the use of the analyzers
Support: The contractor shall provide preventive maintenance as per the Statement of Objectives.
Training: Training will also be provided in accordance with the Statement of Objectives. If the associated equipment/hardware/software become obsolete during the course of this contract, the contractor shall replace the existing equipment with new equipment at no additional cost to the Government, unless approved otherwise by the Contracting Officer.
Note: Quantities are estimated. The Government will order supplies as needed, and only pay for those supplies that are ordered, received, and accepted.
The Government will order items on as-needed basis, and shall only pay for the actual number of tests ordered, received, and accepted by the Government.
Period of Performance: 01 October 2020 - 30 September 2021
UNIT UNIT PRICE MAX AMOUNT
3001AA 1 Job OPTION Mandatory Tests
FFP
Manadatory Test - See the Price List below. The list contains anticipated reagents and associated quantities for the Hematology Coagulation Analyzer’s.
Specialty reagents are ordered on an as-needed basis. Payment will only be made for those items that are ordered, received and accepted by the Government.
OPTION HEMATOLOGY COAGULATION ANALYZER - CPT
FFP
HEMATOLOGY COAGULATION ANALYZER - Cost-Per-Test (CPT) Agreement The successful offeror shall furnish all equipment, reagents, consumables, controls, and any necessary services (e.g., maintenance of furnished equipment) as per the Statement of Objectives to support the San Antonio Military Medical Center (SAMMC), Joint Base San Antonio, TX.
a. three (3) Hematology Coagulation Analyzer’s: Two (2) high volume (300 or more Samples per day) floor models and one (1) medium volume volume (150 - 299 Samples per day) table top analyzer.
b. all other computer hardware/software required for the use of the analyzers.
Support: The contractor shall provide preventive maintenance as per the Statement of Objectives.
Training: Training will also be provided in accordance with the Statement of Objectives. If the associated equipment/hardware/software become obsolete during the course of this contract, the contractor shall replace the existing equipment with new equipment at no additional cost to the Government, unless approved otherwise by the Contracting Officer.
Note: Quantities are estimated. The Government will order supplies as needed, and only pay for those supplies that are ordered, received, and accepted.
The Government will order items on as-needed basis, and shall only pay for the actual number of tests ordered, received, and accepted by the Government.
Period of Performance: 01 October 2021 - 30 September 2022
UNIT UNIT PRICE MAX AMOUNT
4001AA 1 Job OPTION Mandatory Tests
FFP
Manadatory Test - See the Price List below. The list contains anticipated reagents and associated quantities for the Hematology Coagulation Analyzer’s.
Specialty reagents are ordered on an as-needed basis. Payment will only be made for those items that are ordered, received and accepted by the Government.
CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE
The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.
MINIMUM
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
AMOUNT
$10,000.00 $2,546,336.33
CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE
The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.
CLIN
MINIMUM
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
AMOUNT
0001AA
1001AA
2001AA
3001AA
4001AA
CLAUSES INCORPORATED BY REFERENCE
252.219-7003 (Dev) Small Business Subcontracting Plan (DOD Contracts)--Basic
(Deviation 2016-O0009)
AUG 2016
52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights
APR 2014
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 N/A Government Destination Government 0001AA Destination Government Destination Government 1001 N/A Government Destination Government 1001AA N/A Government Destination Government 2001 N/A Government Destination Government 2001AA N/A Government Destination Government 3001 N/A Government Destination Government 3001AA N/A Government Destination Government 4001 N/A Government Destination Government 4001AA N/A Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC
0001 N/A N/A N/A N/A
0001AA POP 01-OCT-2017 TO
30-SEP-2018
N/A W2DN BROOKE ARMY MED CTR
PLACE OF PERFORMANCE
WAREHOUSE RECEIVING DOCK BLDG
3551 ROGERS BROOKE DRIVE
FORT SAM HOUSTON TX 78234-6200
W81NWY
1001 N/A N/A N/A N/A
1001AA POP 01-OCT-2018 TO
30-SEP-2019
N/A W2DN BROOKE ARMY MED CTR
PLACE OF PERFORMANCE
WAREHOUSE RECEIVING DOCK BLDG
3551 ROGERS BROOKE DRIVE
FORT SAM HOUSTON TX 78234-6200
2001 N/A N/A N/A N/A
2001AA POP 01-OCT-2019 TO
30-SEP-2020
N/A W2DN BROOKE ARMY MED CTR
PLACE OF PERFORMANCE
WAREHOUSE RECEIVING DOCK BLDG
3551 ROGERS BROOKE DRIVE
FORT SAM HOUSTON TX 78234-6200
3001 N/A N/A N/A N/A
3001AA POP 01-OCT-2020 TO
30-SEP-2021
N/A W2DN BROOKE ARMY MED CTR
PLACE OF PERFORMANCE
WAREHOUSE RECEIVING DOCK BLDG
3551 ROGERS BROOKE DRIVE
FORT SAM HOUSTON TX 78234-6200
4001 N/A N/A N/A N/A
4001AA POP 01-OCT-2021 TO
30-SEP-2022
N/A W2DN BROOKE ARMY MED CTR
PLACE OF PERFORMANCE
WAREHOUSE RECEIVING DOCK BLDG
3551 ROGERS BROOKE DRIVE
FORT SAM HOUSTON TX 78234-6200
PRICE LIST
BASE YEAR
MANDATORY TESTS
Est Base Quantities
Catalog Number#
Quantity of test
Price Extended
Price
1 Antithrombin III 754
2 Antithrombin III Antigen 96
3 Fibrinogen 3816
4 D-Dimer 2572
5 DRVV SCR 925
6 DRVV CONFM 925
7 Factor Inhibitor 26
8 Factor II 32
9 Factor V 151
10 Factor VII 41
11 Factor X 34
12 Factor VIII 326
13 Factor IX 50
14 Factor XI 18
15 Factor XII 15
16 Factor XIII 13
17 Heparin (Anti-Xa) 4730
18 Prkl/Plsmgn 9
19 Protein ST 55
20 Protein SF 55
21 Protein S 652
22 Protein C 744
23 PT 63454
24 aPTT 51219
25 Reptilase 15
26 Lupus Anticoagulant 1352
27 Thrombin Time 972
28 vWFAg 243
TOTAL
OPTION YR 1
Est Quantities
Catalog Number#
Quantity of test
Price Extended
Price
1 Antithrombin III 792
2 Antithrombin III Antigen 101
3 Fibrinogen 4007
4 D-Dimer 2701
5 DRVV SCR 971
6 DRVV CONFM 971
7 Factor Inhibitor 27
8 Factor II 34
9 Factor V 159
10 Factor VII 30
11 Factor X 36
12 Factor VIII 342
13 Factor IX 53
14 Factor XI 19
15 Factor XII 16
16 Factor XIII 14
17 Heparin (Anti-Xa) 4967
18 Prkl/Plsmgn 10
19 Protein ST 58
20 Protein SF 58
21 Protein S 685
22 Protein C 781
23 PT 66627
24 aPTT 53778
25 Reptilase 16
26 Lupus Anticoagulant 1420
27 Thrombin Time 1021
28 vWFAg 255
OPTION YR 2
Quantities
Catalog Number#
Quantity of test
Price Extended
Price
1 Antithrombin III 831
2 Antithrombin III Antigen 106
3 Fibrinogen 4207
4 D-Dimer 2836
5 DRVV SCR 1020
6 DRVV CONFM 1020
7 Factor Inhibitor 28
8 Factor II 35
9 Factor V 166
10 Factor VII 32
11 Factor X 37
12 Factor VIII 359
13 Factor IX 56
14 Factor XI 20
15 Factor XII 17
16 Factor XIII 15
17 Heparin (Anti-Xa) 5215
18 Prkl/Plsmgn 11
19 Protein ST 61
20 Protein SF 61
21 Protein S 719
22 Protein C 820
23 PT 69958
24 aPTT 56467
25 Reptilase 17
26 Lupus Anticoagulant 1491
27 Thrombin Time 1072
28 vWFAg 268
OPTION YR 3
Quantities
Catalog Number#
Quantity of test
Price Extended
Price
1 Antithrombin III 873
2 Antithrombin III Antigen 111
3 Fibrinogen 4417
4 D-Dimer 2978
5 DRVV SCR 1071
6 DRVV CONFM 1071
7 Factor Inhibitor 29
8 Factor II 37
9 Factor V 175
10 Factor VII 34
11 Factor X 39
12 Factor VIII 377
13 Factor IX 59
14 Factor XI 21
15 Factor XII 18
16 Factor XIII 16
17 Heparin (Anti-Xa) 5478
18 Prkl/Plsmgn 12
19 Protein ST 64
20 Protein SF 64
21 Protein S 755
22 Protein C 861
23 PT 73456
24 aPTT 59290
25 Reptilase 18
26 Lupus Anticoagulant 1566
27 Thrombin Time 1126
28 vWFAg 281
OPTION YR 4
Quantities
Catalog Number#
Quantity of test
Price Extended
Price
1 Antithrombin III 916
2 Antithrombin III Antigen 117
3 Fibrinogen 4638
4 D-Dimer 3127
5 DRVV SCR 1125
6 DRVV CONFM 1125
7 Factor Inhibitor 30
8 Factor II 39
9 Factor V 184
10 Factor VII 35
11 Factor X 41
12 Factor VIII 396
13 Factor IX 62
14 Factor XI 22
15 Factor XII 19
16 Factor XIII 17
17 Heparin (Anti-Xa) 5752
18 Prkl/Plsmgn 13
19 Protein ST 67
20 Protein SF 67
21 Protein S 793
22 Protein C 904
23 PT 77129
24 aPTT 62255
25 Reptilase 19
26 Lupus Anticoagulant 1644
27 Thrombin Time 1182
28 vWFAg 295
52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017
ADDENDUM TO 52.212-4
(v) Army Regulation 600-20, Army Command Policy, 20 Sep 2012 OTSG/MEDCOM Policy Memo 16-033, Policy for Reporting Incidents of Sexual Assault and Sexual Harassment under the Sexual Assault Prevention and Responses Program (SHARP), 29 March 2016.
Tthe contractor shall comply with OTSG/MEDCOM Policy Memo 16-033, Policy for Reporting Incidents of Sexual Assault and Sexual Harassment under the Sexual Assault Prevention and Response Program (SHARP), 29 March 2016. The SHARP reporting requirements apply only to knowledge obtained by contractor personnel while performing services under this contract.
The contractor shall require all Contract Service Providers (CSP) with knowledge of an incident of sexual assault occurring on a Government facility, to include a Government leased facility, where the contractor is providing services under this contract, to report the incident to the contractor who shall immediately (within 24 hours) report the incident in writing to the government's COR. All incidents shall be reported whether they involve contractor personnel or Government personnel, or other individuals.
The contractor shall require all CSPs with knowledge of an incident of sexual harassment occurring on a Government facility, to include a Government leased facility, where the contractor is providing services under this contract, to report the incident to the contractor who shall immediately (within 24 hours) report the incident in writing to the government's COR. All incidents shall be reported whether they involve contractor personnel or Government personnel, or other individuals.
The contractor shall ensure all service providers receive Sexual Harassment/Assault Response and Prevention (SHARP) training not later than 60 calendar days after contractor personnel begin performance under this contract.
Training can be obtained either online or in person. Contractor personnel can attend SHARP training provided by MEDCOM on an every other month basis by contacting (210) 221-6118 for class date/time and availability. If the employee has an AKO account, they can access online the Team Bound Self Study course through Army Learning Management System (ALMS) at http://www.atsc.army.mil/tadlp/delivery/alms.asp
(w) The non-FAR Part 12 discretionary FAR, DFARS, AFARS, and LOCAL clauses included herein are incorporated into this contract either by reference or in full text. If incorporated by reference, see clause 52.252-2 herein for locations where full text can be found.
(End of Addendum)
52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government
(Sep 2006) -- Alternate I
OCT 1995
52.203-12 Limitation On Payments To Influence Certain Federal Transactions
OCT 2010
52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights
APR 2014
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
OCT 2016
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters
JUL 2013
52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns
OCT 2014
52.219-8 Utilization of Small Business Concerns NOV 2016 52.219-9 (Dev) Small Business Subcontracting Plan (Deviation 2016-O0009) JAN 2017 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.222-19 Child Labor -- Cooperation with Authorities and Remedies OCT 2016 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-50 Combating Trafficking in Persons MAR 2015 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts
SEP 2013
52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-18 Availability Of Funds APR 1984 52.232-36 Payment by Third Party MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.242-5 Payments to Small Business Subcontractors JAN 2017 52.242-13 Bankruptcy JUL 1995
252.203-7000 Requirements Relating to Compensation of Former DoD Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of Terrorism
OCT 2015
252.219-7003 (Dev) Small Business Subcontracting Plan (DOD Contracts)--Basic (Deviation 2016-O0009)
AUG 2016
252.225-7017 Photovoltaic Devices DEC 2016 252.225-7021 Trade Agreements--Basic DEC 2016 252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012
CLAUSES INCORPORATED BY FULL TEXT
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)
(a) Definitions. As used in this clause--
Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Subsidiary means an entity in which more than 50 percent of the entity is owned--
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.
(c) Exceptions to this prohibition are located at 9.108-2.
(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.
(End of clause)
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 $10,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor:
(1) Any order for a single item in excess of $384,645.23;
(2) Any order for a combination of items in excess of $662,042.44; or
(3) A series of orders from the same ordering office within five (5) days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.
(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) above.
(d) Notwithstanding paragraphs (b) and (c) above, 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 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.
Upon receiving this notice, the Government may acquire the supplies or services from another source.
52.216-22 INDEFINITE QUANTITY. (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 30 September 2022.
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the
Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)
(a) Definitions. As used in this clause--
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts--
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.
(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 325413 assigned to contract number .
(Contractor to sign and date and insert authorized signer's name and title).
52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT
(DEC 2010)
(a) During the term of this contract, the Contractor shall post an employee notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR 471.2(d) and (f).
(1) Physical posting of the employee notice shall be in conspicuous places in and about the Contractor's plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract.
(2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice electronically by displaying prominently, on any Web site that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor's Web site that contains the full text of the poster. The link to the Department's Web site, as referenced in (b)(3) of this section, must read, ``Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers.''
(b) This required employee notice, printed by the Department of Labor, may be--
(1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S.
Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;
(2) Provided by the Federal contracting agency if requested;
(3) Downloaded from the Office of Labor-Management Standards Web site at http://www.dol.gov/olms/regs/compliance/EO13496.htm; or
(4) Reproduced and used as exact duplicate copies of the Department of Labor's official poster.
(c) The required text of the employee notice referred to in this clause is located at Appendix A, Subpart A, 29 CFR Part 471.
(d) The Contractor shall comply with all provisions of the employee notice and related rules, regulations, and orders of the Secretary of Labor.
(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with 29 CFR 471.14 and subpart 9.4. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471, which implements Executive Order 13496 or as otherwise provided by law.
(f) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (f), in every subcontract that exceeds $10,000 and will be performed wholly or partially in the United States, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor.
(2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this clause.
(3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance.
(4) However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.
52.222-60 PAYCHECK TRANSPARENCY (EXECUTIVE ORDER 13673) (OCT 2016)
(a) Wage statement. In each pay period, the Contractor shall provide a wage statement document (e.g. a pay stub) to all individuals performing work under the contract subject to the wage records requirements of any of the following statutes:
(1) The Fair Labor Standards Act.
(2) 40 U.S.C. chapter 31, subchapter IV, Wage Rate Requirements (Construction) (formerly known as the Davis Bacon Act).
(3) 41 U.S.C. chapter 67, Service Contract Labor Standards (formerly known as the Service Contract Act of 1965).
(b) Content of wage statement. (1) The wage statement shall be issued every pay period and contain--
(i) The total number of hours worked in the pay period;
(ii) The number of those hours that were overtime hours;
(iii) The rate of pay (e.g., hourly rate, piece rate);
(iv) The gross pay; and
(v) Any additions made to or deductions taken from gross pay. These shall be itemized. The itemization shall identify and list each one separately, as well as the specific amount added or deducted for each.
(2) If the wage statement is not provided weekly and is instead provided bi-weekly or semi-monthly (because the pay period is bi-weekly or semi-monthly), the hours worked and overtime hours contained in the wage statement shall be broken down to correspond to the period (which will almost always be weekly) for which overtime is calculated and paid.
(3) The wage statement provided to an individual exempt from the overtime compensation requirements of the Fair Labor Standards Act (FLSA) need nota record of hours worked, if the Contractor informs the individual in writing of his or her overtime exempt status. The notice may not indicate or suggest that DOL or the courts agree with the Contractor's determination that the individual is exempt. The notice must be given either before the individual begins work on the contract, or in the first wage statement under the contract. Notice given before the work begins can be a stand-alone document, or can be in an offer letter, employment contract, or position description. If during performance of the contract, the Contractor determines that the individual's status has changed from non-exempt to exempt from overtime, it must provide the notice to the individual before providing a wage statement without hours worked information or in the first wage statement after the change.
(c) Substantially similar laws. A Contractor satisfies this wage statement requirement by complying with the wage statement requirement of any State or locality (in which the Contractor has employees) that has been determined by the United States Secretary of Labor to be substantially similar to the wage statement requirement in this clause.
The determination of substantially similar wage payment states may be found at www.dol.gov/fairpayandsafeworkplaces.
(d) Independent contractor.
(1) If the Contractor is treating an individual performing work under the contract as an independent contractor (e.g., an individual who is in business for him or herself or is self-employed) and not as an employee, the Contractor shall provide a written document to the individual informing the individual of this status. The document may not ndicate or suggest that the enforcement agencies or the courts agree with the Contractor's determination that the worker is an independent contractor. The Contractor shall provide the document to the individual either at the time an independent contractor relationship is established with the individual or prior to the time the individual begins to perform work on the contract. The document must be provided for this contract, even if the worker was notified of independent contractor status on other contracts. The document must be separate from any independent ontractor agreement between the Contractor and the individual. If the Contractor determines that a worker's status while performing work on the contract changes from employee to independent contractor, then the Contractor shall provide the worker with notice of independent contractor status before the worker performs any work under the contract as an independent contractor.
(2) The fact that the Contractor does not make social security, Medicare, or income tax withholding deductions from the individual's pay and that an individual receives at year end an IRS Form 1099-Misc is not evidence that the Contractor has correctly classified the individual as an independent contractor under the labor laws.
(e) Notices--(1) Language. Where a significant portion of the workforce is not fluent in English, the Contractor shall provide the wage statement required in paragraph (a) of this clause, the overtime exempt status notice described in paragraph (b)(3) of this clause, and the independent contractor notification required in paragraph (d) of this clause in English and the language(s) with which the significant portion(s) of the workforce is fluent.
(2) Electronic notice. If the Contractor regularly provides documents to its workers by electronic means, the Contractor may provide to workers electronically the written documents and notices required by this clause.
Workers must be able to access the document through a computer, device, system or network provided or made available by the Contractor.
(f) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (f), in all subcontracts that exceed $500,000, at all tiers, for other than commercially available off-the-shelf items.
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://www.arnet.gov/far http://farsite.hil.af.mil http://www.dtic.mil/dfas
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation of any DoD FAR Supplement (48 CFR Chapter 2) provision with an authorized
252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT
REPORTING (OCT 2016)
(a) Definitions. As used in this clause--
Adequate security means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.
Compromise means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.
Contractor attributional/proprietary information means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.
Controlled technical information means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination.
Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.
Covered contractor information system means an unclassified information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.
Covered defense information means unclassified controlled technical information or other information, as described in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category-list.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is--
(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or
(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract.
Cyber incident means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.
Forensic analysis means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.
Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.
Malicious software means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.
Media means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system.
Operationally critical support means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.
Rapidly report means within 72 hours of discovery of any cyber incident.
Technical information means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data--Noncommercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.
(b) Adequate security. The Contractor shall provide adequate security on all covered contractor information systems.
To provide adequate security, the Contractor shall implement, at a minimum, the following information security protections:
(1) For covered contractor information systems that are part of an information technology (IT) service or system operated on behalf of the Government, the following security requirements apply:
(i) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract.
(ii) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract.
(2) For covered contractor information systems that are not part of an IT service or system operated…
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