A.09.03_SOL.pdf

SEE ADDENDUM

(No Collect Calls)

W81K00-17-T-0344 21-Jul-2017

b. TELEPHONE NUMBER

210-539-8525

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 21 Aug 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

MICHAEL J. ALEQUIN

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

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

0011050345

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 W81NTE 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

W2DN BROOKE ARMY MED CTR

PROPERTY BOOK 01

3851 ROGER BROOKE DRIVE BLDG 3600

FORT SAM HOUSTON TX 78234-6200

TEL: 210-221-7928 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,000

NAICS:

339112

X

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 OF90

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-0344

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each Washer/Disinfector

FFP

Washer/Disinfector system and components for the Sterile Processing and

Distribution department, San Antonio Military Medical Center, Fort Sam Houston, Texas. See Salient Characteristics and Required Features on page 42 for minimum requirements. Steris Model #FH81072 or equal

FOB: Destination

PURCHASE REQUEST NUMBER: 0011050345

NET AMT

0002 1 Each Non-Vented OP

FFP

Washer/Disinfector system and components for the Sterile Processing and

Distribution department, San Antonio Military Medical Center, Fort Sam Houston, Texas. See Salient Characteristics and Required Features on page 42 for minimum requirements. Steris Model #FH0000000002 or Equal

0003 1 Each Condensate Return Cool Down

FFP

Washer/Disinfector system and components for the Sterile Processing and

Distribution department, San Antonio Military Medical Center, Fort Sam Houston, Texas. See Salient Characteristics and Required Features on page 42 for minimum requirements..Steris Model #FD15300 or Equal

0004 1 Each Drain Discharge Cool Down Kit

FFP

Washer/Disinfector system and components for the Sterile Processing and

Distribution department, San Antonio Military Medical Center, Fort Sam Houston, Texas. See Salient Characteristics and Required Features on page 42 for minimum requirements. Steris Model #FD15500 or Equal

0005 1 Each Auto Rinsing-Out System Feed

FFP

Washer/Disinfector system and components for the Sterile Processing and

Distribution department, San Antonio Military Medical Center, Fort Sam Houston, Texas. See Salient Characteristics and Required Features on page 42 for minimum requirements. Steris Model #FD15400 or Equal.

0006 1 Each Universal Drain Vision

FFP

Washer/Disinfector system and components for the Sterile Processing and

Distribution department, San Antonio Military Medical Center, Fort Sam Houston, Texas. See Salient Characteristics and Required Features on page 42 for minimum requirements. Steris Model #FD15700 or equal.

0007 1 Each Remote Printer Kit

FFP

Washer/Disinfector system and components for the Sterile Processing and

Distribution department, San Antonio Military Medical Center, Fort Sam Houston, Texas. See Salient Characteristics and Required Features on page 42 for minimum requirements. Steris Model #FD16100 or equal

0008 1 Each Deinstall Vision SC

FFP

Washer/Disinfector system and components for the Sterile Processing and

Distribution department, San Antonio Military Medical Center, Fort Sam Houston, Texas. See Salient Characteristics and Required Features on page 42 for minimum requirements.

0009 1 Each Install Reliance Vision

FFP

Washer/Disinfector system and components for the Sterile Processing and

Distribution department, San Antonio Military Medical Center, Fort Sam Houston, Texas. See Salient Characteristics and Required Features on page 42 for minimum requirements.

0010 1 Each Install of ACU-Hold Containter System

FFP

Washer/Disinfector system and components for the Sterile Processing and

Distribution department, San Antonio Military Medical Center, Fort Sam Houston, Texas. See Salient Characteristics and Required Features on page 42 for minimum requirements.

0011 1 Each Disposal of Washer

FFP

Washer/Disinfector system and components for the Sterile Processing and

Distribution department, San Antonio Military Medical Center, Fort Sam Houston, Texas. See Salient Characteristics and Required Features on page 42 for minimum requirements.

0012 1 Each Training

FFP

Washer/Disinfector system and components for the Sterile Processing and

Distribution department, San Antonio Military Medical Center, Fort Sam Houston, Texas. See Salient Characteristics and Required Features on page 42 for minimum requirements.

0013 1 Each Washer/Disinfector

FFP

Washer/Disinfector system and components for the Sterile Processing and

Distribution department, San Antonio Military Medical Center, Fort Sam Houston, Texas. See Salient Characteristics and Required Features on page 42 for minimum requirements. Steris Model #FH81072 or equal

0014 1 Each Non-Vented OP

FFP

Washer/Disinfector system and components for the Sterile Processing and

Distribution department, San Antonio Military Medical Center, Fort Sam Houston, Texas. See Salient Characteristics and Required Features on page 42 for minimum requirements. Steris Model #FH0000000002 or Equal

0015 1 Each Condensate Return Cool Down

FFP

Washer/Disinfector system and components for the Sterile Processing and

Distribution department, San Antonio Military Medical Center, Fort Sam Houston, Texas. See Salient Characteristics and Required Features on page 42 for minimum requirements..Steris Model #FD15300 or Equal

0016 1 Each Drain Discharge Cool Down Kit

FFP

Washer/Disinfector system and components for the Sterile Processing and

Distribution department, San Antonio Military Medical Center, Fort Sam Houston, Texas. See Salient Characteristics and Required Features on page 42 for minimum requirements. Steris Model #FD15500 or Equal

0017 1 Each Auto Rinsing-Out System Feed

FFP

Washer/Disinfector system and components for the Sterile Processing and

Distribution department, San Antonio Military Medical Center, Fort Sam Houston, Texas. See Salient Characteristics and Required Features on page 42 for minimum requirements. Steris Model #FD15400 or Equal.

0018 1 Each Universal Drain Vision

FFP

Washer/Disinfector system and components for the Sterile Processing and

Distribution department, San Antonio Military Medical Center, Fort Sam Houston, Texas. See Salient Characteristics and Required Features on page 42 for minimum requirements. Steris Model #FD15700 or equal.

0019 1 Each Remote Printer Kit

FFP

Washer/Disinfector system and components for the Sterile Processing and

Distribution department, San Antonio Military Medical Center, Fort Sam Houston, Texas. See Salient Characteristics and Required Features on page 42 for minimum requirements. Steris Model #FD16100 or equal

0020 1 Each Deinstall Vision SC

FFP

Washer/Disinfector system and components for the Sterile Processing and

Distribution department, San Antonio Military Medical Center, Fort Sam Houston, Texas. See Salient Characteristics and Required Features on page 42 for minimum requirements.

0021 1 Each Install Reliance Vision

FFP

Washer/Disinfector system and components for the Sterile Processing and

Distribution department, San Antonio Military Medical Center, Fort Sam Houston, Texas. See Salient Characteristics and Required Features on page 42 for minimum requirements.

0022 1 Each Install of ACU-Hold Containter System

FFP

Washer/Disinfector system and components for the Sterile Processing and

Distribution department, San Antonio Military Medical Center, Fort Sam Houston, Texas. See Salient Characteristics and Required Features on page 42 for minimum requirements.

0023 1 Each Disposal of Washer

FFP

Washer/Disinfector system and components for the Sterile Processing and

Distribution department, San Antonio Military Medical Center, Fort Sam Houston, Texas. See Salient Characteristics and Required Features on page 42 for minimum requirements.

0024 1 Each Training

FFP

Washer/Disinfector system and components for the Sterile Processing and

Distribution department, San Antonio Military Medical Center, Fort Sam Houston, Texas. See Salient Characteristics and Required Features on page 42 for minimum requirements.

0025 1 Each Washer/Disinfector

FFP

Washer/Disinfector system and components for the Sterile Processing and

Distribution department, San Antonio Military Medical Center, Fort Sam Houston, Texas. See Salient Characteristics and Required Features on page 42 for minimum requirements. Steris Model #FH81072 or equal

0026 1 Each Non-Vented OP

FFP

Washer/Disinfector system and components for the Sterile Processing and

Distribution department, San Antonio Military Medical Center, Fort Sam Houston, Texas. See Salient Characteristics and Required Features on page 42 for minimum requirements. Steris Model #FH0000000002 or Equal

0027 1 Each Condensate Return Cool Down

FFP

Washer/Disinfector system and components for the Sterile Processing and

Distribution department, San Antonio Military Medical Center, Fort Sam Houston, Texas. See Salient Characteristics and Required Features on page 42 for minimum requirements..Steris Model #FD15300 or Equal

0028 1 Each Drain Discharge Cool Down Kit

FFP

Washer/Disinfector system and components for the Sterile Processing and

Distribution department, San Antonio Military Medical Center, Fort Sam Houston, Texas. See Salient Characteristics and Required Features on page 42 for minimum requirements. Steris Model #FD15500 or Equal

0029 1 Each Auto Rinsing-Out System Feed

FFP

Washer/Disinfector system and components for the Sterile Processing and

Distribution department, San Antonio Military Medical Center, Fort Sam Houston, Texas. See Salient Characteristics and Required Features on page 42 for minimum requirements. Steris Model #FD15400 or Equal.

0030 1 Each Universal Drain Vision

FFP

Washer/Disinfector system and components for the Sterile Processing and

Distribution department, San Antonio Military Medical Center, Fort Sam Houston, Texas. See Salient Characteristics and Required Features on page 42 for minimum requirements. Steris Model #FD15700 or equal.

0031 1 Each Remote Printer Kit

FFP

Washer/Disinfector system and components for the Sterile Processing and

Distribution department, San Antonio Military Medical Center, Fort Sam Houston, Texas. See Salient Characteristics and Required Features on page 42 for minimum requirements. Steris Model #FD16100 or equal

0032 1 Each Deinstall Vision SC

FFP

Washer/Disinfector system and components for the Sterile Processing and

Distribution department, San Antonio Military Medical Center, Fort Sam Houston, Texas. See Salient Characteristics and Required Features on page 42 for minimum requirements.

0033 1 Each Install Reliance Vision

FFP

Washer/Disinfector system and components for the Sterile Processing and

Distribution department, San Antonio Military Medical Center, Fort Sam Houston, Texas. See Salient Characteristics and Required Features on page 42 for minimum requirements.

0034 1 Each Install of ACU-Hold Containter System

FFP

Washer/Disinfector system and components for the Sterile Processing and

Distribution department, San Antonio Military Medical Center, Fort Sam Houston, Texas. See Salient Characteristics and Required Features on page 42 for minimum requirements.

0035 1 Each Disposal of Washer

FFP

Washer/Disinfector system and components for the Sterile Processing and

Distribution department, San Antonio Military Medical Center, Fort Sam Houston, Texas. See Salient Characteristics and Required Features on page 42 for minimum requirements.

0036 1 Each Training

FFP

Washer/Disinfector system and components for the Sterile Processing and

Distribution department, San Antonio Military Medical Center, Fort Sam Houston, Texas. See Salient Characteristics and Required Features on page 42 for minimum requirements.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 22-SEP-2017 1 W2DN BROOKE ARMY MED CTR

W2DN BROOKE ARMY MED CTR

PROPERTY BOOK 01

3851 ROGER BROOKE DRIVE BLDG 3600

FORT SAM HOUSTON TX 78234-6200

210-221-7928

W81NTE

0002 22-SEP-2017 1 (SAME AS PREVIOUS LOCATION)

0003 22-SEP-2017 1 (SAME AS PREVIOUS LOCATION)

0004 22-SEP-2017 1 (SAME AS PREVIOUS LOCATION)

0005 22-SEP-2017 1 (SAME AS PREVIOUS LOCATION)

0006 22-SEP-2017 1 (SAME AS PREVIOUS LOCATION)

0007 22-SEP-2017 1 (SAME AS PREVIOUS LOCATION)

0008 22-SEP-2017 1 (SAME AS PREVIOUS LOCATION)

0009 22-SEP-2017 1 (SAME AS PREVIOUS LOCATION)

0010 22-SEP-2017 1 (SAME AS PREVIOUS LOCATION)

0011 22-SEP-2017 1 (SAME AS PREVIOUS LOCATION)

0012 22-SEP-2017 1 (SAME AS PREVIOUS LOCATION)

0013 22-SEP-2017 1 (SAME AS PREVIOUS LOCATION)

0014 22-SEP-2017 1 (SAME AS PREVIOUS LOCATION)

0015 22-SEP-2017 1 (SAME AS PREVIOUS LOCATION)

0016 22-SEP-2017 1 (SAME AS PREVIOUS LOCATION)

0017 22-SEP-2017 1 (SAME AS PREVIOUS LOCATION)

0018 22-SEP-2017 1 (SAME AS PREVIOUS LOCATION)

0019 22-SEP-2017 1 (SAME AS PREVIOUS LOCATION)

0020 22-SEP-2017 1 (SAME AS PREVIOUS LOCATION)

0021 22-SEP-2017 1 (SAME AS PREVIOUS LOCATION)

0022 22-SEP-2017 1 (SAME AS PREVIOUS LOCATION)

0023 22-SEP-2017 1 (SAME AS PREVIOUS LOCATION)

0024 22-SEP-2017 1 (SAME AS PREVIOUS LOCATION)

0025 22-SEP-2017 1 (SAME AS PREVIOUS LOCATION)

0026 22-SEP-2017 1 (SAME AS PREVIOUS LOCATION)

0027 22-SEP-2017 1 (SAME AS PREVIOUS LOCATION)

0028 22-SEP-2017 1 (SAME AS PREVIOUS LOCATION)

0029 22-SEP-2017 1 (SAME AS PREVIOUS LOCATION)

0030 22-SEP-2017 1 (SAME AS PREVIOUS LOCATION)

0031 22-SEP-2017 1 (SAME AS PREVIOUS LOCATION)

0032 22-SEP-2017 1 (SAME AS PREVIOUS LOCATION)

0033 22-SEP-2017 1 (SAME AS PREVIOUS LOCATION)

0034 22-SEP-2017 1 (SAME AS PREVIOUS LOCATION)

0035 22-SEP-2017 1 (SAME AS PREVIOUS LOCATION)

0036 22-SEP-2017 1 (SAME AS PREVIOUS LOCATION)

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

0004 Destination Government Destination Government

0005 Destination Government Destination Government

0006 Destination Government Destination Government

0007 Destination Government Destination Government

0008 Destination Government Destination Government

0009 Destination Government Destination Government

0010 Destination Government Destination Government

0011 Destination Government Destination Government

0012 Destination Government Destination Government

0013 Destination Government Destination Government

0014 Destination Government Destination Government

0015 Destination Government Destination Government

0016 Destination Government Destination Government

0017 Destination Government Destination Government

0018 Destination Government Destination Government

0019 Destination Government Destination Government

0020 Destination Government Destination Government

0021 Destination Government Destination Government

0022 Destination Government Destination Government

0023 Destination Government Destination Government

0024 Destination Government Destination Government

0025 Destination Government Destination Government

0026 Destination Government Destination Government

0027 Destination Government Destination Government

0028 Destination Government Destination Government

0029 Destination Government Destination Government

0030 Destination Government Destination Government

0031 Destination Government Destination Government

0032 Destination Government Destination Government

0033 Destination Government Destination Government

0034 Destination Government Destination Government

0035 Destination Government Destination Government

0036 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017

52.212-4 ADDENDUM

(v) The contractor shall comply with OTSG/MEDCOM Policy Memo 13-062, Policy for Reporting Incidents of

Sexual Assault and Sexual Harassment under the Sexual Assault Prevention and Response Program (SHARP), 12

Nov 2013. 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

LearningManagement System (ALMS) at http://www.atsc.army.mil/tadlp/delivery/alms.asp

Advisory publications

Army Regulation 600-20, Army Command Policy, 20 Sep 2012

OTSG/MEDCOM Policy Memo 13-062, Policy for Reporting Incidents of Sexual Assault and Sexual Harassment under the Sexual Assault Prevention and Responses Program (SHARP), 12 Nov 2013

(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.

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 http://www.atsc.army.mil/tadlp/delivery/alms.asp

52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006

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

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

OCT 2015

52.222-3 Convict Labor JUN 2003

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

52.222-51 Exemption from Application of the Service Contract Labor

Standards to Contracts for Maintenance, Calibration, or

Repair of Certain Equipment--Requirements

MAY 2014

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

52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

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

52.242-13 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

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of

Terrorism

OCT 2015

252.225-7012 Preference For Certain Domestic Commodities DEC 2016

252.225-7021 Trade Agreements--Basic DEC 2016

252.225-7048 Export-Controlled Items JUN 2013

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7006 Wide Area WorkFlow Payment Instructions MAY 2013

252.232-7010 Levies on Contract Payments DEC 2006

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)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)

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 - assigned to contract number .

(Contractor to sign and date and insert authorized signer's name and title).

52.222-59 COMPLIANCE WITH LABOR LAWS (EXECUTIVE ORDER 13673) (DEC 2016)

Administrative merits determination means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

Agency labor compliance advisor (ALCA) means the senior official designated in accordance with E.O. 13673.

ALCAs are listed at www.dol.gov/fairpayandsafeworkplaces.

Arbitral award or decision means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award ordecision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

Civil judgment means any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

DOL Guidance means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

Enforcement agency means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance

Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

http://www.dol.gov/fairpayandsafeworkplaces

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment

Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

Labor compliance agreement means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

Labor laws means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment

Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the

FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html.)

Labor law decision means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ``labor laws''.

Pervasive violations in the context of E.O. 13673, Fair Pay and Safe Workplaces, means labor law violations that bear on the assessment of a contractor's integrity and business ethics because they reflect a basic disregard by the contractor for the labor laws, as demonstrated by a pattern of serious and/or willful violations, continuing violations, or numerous violations. To determine whether violations are pervasive it is necessary to consult the DOL

Guidance section III.A.4. and associated Appendix D.

Repeated violation in the context of E.O. 13673, Fair Pay and Safe Workplaces, means a labor law violation that bears on the assessment of a contractor's integrity and business ethics because the contractor had one or more additional labor law violations of the same or a substantially similar requirement within the prior 3 years. To determine whether a particular violation(s) is repeated it is necessary to consult the DOL Guidance section III.A.2.

and associated Appendix B.

Serious violation in the context of E.O. 13673, Fair Pay and Safe Workplaces, means a labor law violation that bears on the assessment of a contractor's integrity and business ethics because of the number of employees affected; the degree of risk imposed, or actual harm done by the violation; the amount of damages incurred or fines or penalties assessed; and/or other similar criteria. To determine whether a particular violation(s) is serious it is necessary to consult the DOL Guidance section III.A.1. and associated Appendix A.

Willful violation in the context of E.O. 13673, Fair Pay and Safe Workplaces, means a labor law violation that bears on the assessment of a contractor's integrity and business ethics because the contractor acted with knowledge of, reckless disregard for, or plain indifference to the matter of whether its conduct was prohibited by one or more requirements of labor laws. To determine whether a particular violation(s) is willful it is necessary to consult the

DOL Guidance section III.A.3. and associated Appendix C.

(b) Prime contractor updates. Contractors are required to disclose new labor law decisions and/or updates to previously disclosed labor law decisions in SAM at www.sam.gov, semiannually. The Contractor has flexibility in establishing the date for the semiannualupdate. (The contractor may use the six-month anniversary date of contract award, or may choose a different date before that six-month anniversary date. In either case, the contractor must continue to update its disclosures semiannually.) Registrations in SAM are required to be http://www.osha.gov/dcsp/osp/approved_state_plans.html http://www.sam.gov/ maintained current, accurate, and complete (see 52.204-13, System for Award Management Maintenance). If the

SAM registration date is less than six months old, this will be evidence that the required representation and disclosure information is updated and the requirement is met. The Contractor shall provide--

(1) The following in SAM for each disclosed labor law decision. This information will be publicly available in the

Federal Awardee Performance and Integrity Information System (FAPIIS):

(i) The labor law violated.

(ii) The case number, inspection number, charge number, docket number, or other unique identification number.

(iii) The date rendered.

(iv) The name of the court, arbitrator(s), agency, board, or commission that rendered the determination or decision;

(2) The administrative merits determination, arbitral award or decision, or civil judgment document to the

Contracting Officer, if the Contracting Officer requires it;

(3) In SAM, such additional information as the Contractor deems necessary, including mitigating factors and remedial measures such as contractor actions taken to address the violations, labor compliance agreements, and other steps taken to achieve compliance with labor laws. Contractors may provide explanatory text and upload documents. This information will not be made public unless the Contractor determines that it wants the information to be made public; and

(4) The information in paragraphs (b)(1) and (b)(3) to the Contracting Officer, if the Contractor meets an exception to SAM registration (see 4.1102(a)).

(c) Subcontractor responsibility. (1) This paragraph (c) applies--

(i) To subcontracts with an estimated value that exceeds $500,000 for other than commercially available off-the-shelf items; and

(ii) When the provision 52.222-58, Subcontractor Responsibility Matters Regarding Compliance with Labor Laws

(Executive Order 13673), is in the contract and the prospective subcontractor responded affirmatively to paragraph

(b) of that provision, and the Contractor initiates a responsibility determination.

(2) The Contractor shall consider subcontractor labor law violation information when assessing whether a prospective subcontractor has a satisfactory record of integrity and business ethics with regard to compliance with labor laws, when determining subcontractor responsibility. Disclosure of labor law decision(s) does not automatically render the prospective subcontractor nonresponsible. The Contractor shall consider the prospective subcontractor for subcontract award notwithstanding disclosure of one or more labor law decision(s).

The Contractor should encourage prospective subcontractors to contact DOL for a preassessment of their record of labor law compliance (see DOL Guidance Section VI, Preassessment). The Contractor shall complete the assessment--

(i) For subcontracts awarded within five days of the prime contract award or that become effective within five days of the prime contract award, no later than 30 days after subcontract award; or

(ii) For all other subcontracts, prior to subcontract award. However, in urgent circumstances, the assessment shall be completed within 30 days of subcontract award.

(3)(i) The Contractor shall require a prospective subcontractor to represent to the best of the subcontractor's knowledge and belief whether there have been any administrative merits determinations, arbitral awards or decisions, or civil judgments, for any labor law violation(s) rendered against the subcontractor during the period beginning on October 25, 2015 to the date of the subcontractor's offer, or for three years preceding the date of the subcontractor's offer, whichever period is shorter.

(ii) When determining subcontractor responsibility, the Contractor shall require the prospective subcontractor to disclose to DOL, in accordance with paragraph (c)(3)(iv) of this clause, for each covered labor law decision, the following information:

(A) The labor law violated.

(B) The case number, inspection number, charge number, docket number, or other unique identification number.

(C) The date rendered.

(D) The name of the court, arbitrator(s), agency, board, or commission that rendered the determination or decision.

(iii) The Contractor shall inform the prospective subcontractor that the prospective subcontractor may provide information to DOL, in accordance with paragraph (c)(3)(iv) of this clause, on mitigating factors and remedial measures, such as subcontractor actions taken to address the violations, labor compliance agreements, and other steps taken to achieve compliance with labor laws.

(iv) The Contractor shall require subcontractors to provide information required by paragraph (c)(3)(ii) and discussed in paragraph (c)(3)(iii) of this clause to DOL through the DOL Web site at

(4) The Contractor, in determining subcontractor responsibility, may find that the prospective subcontractor has a satisfactory record of integrity and business ethics with regard to compliance with labor laws if--

(i) The prospective subcontractor provides a negative response to the Contractor in its representation made pursuant to paragraph (c)(3)(i) of this clause; or

(ii) The prospective subcontractor--

(A) Provides a positive response to the Contractor in its representation made pursuant to paragraph (3)(i);

(B) Represents, to the Contractor, to the best of the subcontractor's knowledge and belief that it has disclosed to

DOL any administrative merits determinations, arbitral awards or decisions, or civil judgments for any labor law violation(s) rendered against the subcontractor during the period beginning on October 25, 2015 to the date of the offer, or for three years preceding the date of the offer, whichever period is shorter; and

(C) Provides the following information concerning DOL review and assessment of subcontractor-disclosed information--

(1) The subcontractor has been advised by DOL that it has no serious, repeated, willful, and/or pervasive labor law violations;

(2) The subcontractor has been advised by DOL that it has serious, repeated, willful, and/or pervasive labor law violations; and

(i) DOL has advised that a labor compliance agreement is not warranted because, for example, the subcontractor has initiated and implemented its own remedial measures;

(ii) The subcontractor has entered into a labor compliance agreement(s) with an enforcement agency and states that it has not been notified by DOL that it is not complying with its agreement; or

(iii) The subcontractor has agreed to enter into a labor compliance agreement or is considering a labor compliance agreement(s) with an enforcement agency to address all disclosed labor law violations that DOL has determined to be serious, willful, repeated, and/or pervasive labor law violations and has not been notified by DOL that it has not entered into an agreement in a reasonable period; or

(3) The subcontractor disagrees with DOL's advice (e.g., that a proposed labor compliance agreement is warranted), or with DOL's notification that it has not entered into a labor compliance agreement in a reasonable period or is not complying with the agreement, and the subcontractor has provided the Contractor with--

(i) Information about all the disclosed labor law violations that have been determined by DOL to be serious, repeated, willful, and/or pervasive;

(ii) Such additional information that the subcontractor deems necessary to demonstrate its responsibility, including mitigating factors, remedial measures such as subcontractor actions taken to address the labor law violations, labor compliance agreements, and other steps taken to achieve compliance with labor laws;

(iii) A description of DOL's advice or a description of an enforcement agency's proposed labor compliance agreement; and

(iv) An explanation of the basis for the subcontractor's disagreement with DOL.

(5) If the Contractor determines that the subcontractor has a satisfactory record of integrity and business ethics based on the information provided pursuant to paragraph (c)(4)(ii)(C)(3), or the Contractor determines that due to a compelling reason the contractor must proceed with subcontract award, the Contractor shall notify the Contracting

Officer of the decision and provide the following information in writing:

(i) The name of the subcontractor.

(ii) The basis for the decision, e.g., relevancy to the requirement, urgent and compelling circumstances, to prevent delays during contract performance, or when only one supplier is available to meet the requirement.

(6) If DOL does not provide advice to the subcontractor within three business days of the subcontractor's disclosure of labor law decision information pursuant to paragraph (c)(3)(ii) and DOL did not previously advise the subcontractor that it needed to enter into a labor compliance agreement to address labor law violations, the

Contractor may proceed with making a responsibility determination using available information and business judgment.

(d) Subcontractor updates.

(1) The Contractor shall require subcontractors to determine, semiannually, whether labor law decision disclosures provided to DOL pursuant to paragraph (c)(3)(ii) of this clause are current, accurate, and complete. If the information is current, accurate, and complete, no action is required. If the information is not current, accurate, and complete, subcontractors must provide revised information to DOL, in accordance with paragraph (c)(3)(iv) of this clause, and make a new representation and provide information to the Contractor pursuant to paragraph (c)(4)(ii) of this clause to reflect any advice provided by DOL or other actions taken by the subcontractor.

(2) The Contractor shall further require the subcontractor to disclose during the course of performance of the subcontract any notification by DOL, within 5 business days of such notification, that it has not entered into a labor compliance agreement in a reasonable period or is not complying with a labor compliance agreement, and shall allow the subcontractor to provide an explanation and supporting information for the delay or non-compliance.

(3) The Contractor shall consider, in a timely manner, information obtained from subcontractors pursuant to paragraphs (d)(1) and (2) of this clause, and determine whether action is necessary.

(4) If the Contractor has been informed by the subcontractor of DOL's assessment that the subcontractor has not demonstrated compliance with labor laws, and the Contractor decides to continue the subcontract, the Contractor shall notify the Contracting Officer of its decision to continue the subcontract and provide the following information in writing:

(i) The name of the subcontractor; and

(ii) The basis for the decision, e.g., relevancy to the requirement, urgent and compelling circumstances, to prevent delays during contract performance, or when only one supplier is available to meet the requirement.

(e) Consultation with DOL and other enforcement agencies. The Contractor may consult with DOL and enforcement agency representatives, using DOL Guidance at www.dol.gov/fairpayandsafeworkplaces, for advice and assistance regarding assessment of subcontractor labor law violation(s), including whether new or enhanced labor compliance agreements are warranted. Only DOL and enforcement agency representatives are available to consult with Contractors regarding subcontractor information. Contracting Officers or Agency Labor

Compliance Advisors may assist with identifying the appropriate DOL and enforcement agency representatives.

(f) Protections for subcontractor misrepresentations. A contractor or subcontractor, acting in good faith, is not liable for misrepresentations made by its subcontractors about labor law decisions or about labor compliance agreements.

(g) Subcontractor flowdown. If the Government's solicitation included the provision at 52.222-58, the Contractor shall include the substance of paragraphs (a), (c), (d), (e), (f) and (g) of this clause,…