Solicitation_W81K0019Q0181.pdf

SEE ADDENDUM

(No Collect Calls)

W81K0019Q0181 05-Jun-2019

b. TELEPHONE NUMBER

254-285-6747

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 08 Jul 2019

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

TIMOTHY T. HOERZ

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

0011347383

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

REGIONAL HEALTH CONTRACT OFF CENTRAL

2539 GARDEN AVENUE

JBSA FT SAM HOUSTON TX 78234-0000

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 W45XTR 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

X SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

W2M5 CARL R DARNALL ARMY MED C

MEDICAL SUPPLY OFFICER DACH

BLDG 36065 SANTE FE AVE

FORT HOOD TX 76544-5063

TEL: . FAX: .

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$32,500,000

NAICS:

621991

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 OF58

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.

W81K0019Q0181

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

BLOOD AND BLOOD PRODUCTS

FFP

REQUEST IS FOR CARL R. DARNALL ARMY MEDICAL CENTER

(CRDAMC), FORT HOOD, TX 76544. WHOLE BLOOD AND BLOOD

PRODUCTS TO BE DELIVERED ON A DELIVERTY SCHEDULE, ON AN AS

NEEDED BASIS, AND STAT BASIS ON A 24-HOUR, 7-DAY PER WEEK

BASIS. PAYMENT WILL BE MADE FOR ACTUAL ITEMS ORDERED AND

DELIVERED TO THE GOVERNMENT. VENDOR MUST BE ABLE TO

PROVIDE BLOOD ON A SCHEDULED BASIS AND ALL PRODUCTS NOT

USED WILL BE RETURNED FOR CREDIT.

ADDITIONALLY, VENDOR MUST BE ABLE TO DELIVERY BLOOD OR

BLOOD TYPE PRODUCTS IN EMERGENCY SITUATIONS WITH IN ONE (1)

TO TWO (2) HOURS OF NOTIFICATION, 24 HOURS A DAY 7 DAYS A

WEEK. PAYMENT WILL BE MADE FOR ACTUAL ITEMS ORDERED AND

DELIVERED TO THE GOVERNMENT. ONLY AUTHORIZED ORDERING

OFFICERS SHALL PLACE ORDERS AGAINST THE CONTRACT, WHO

SHALL BE IDENTIFIED BY THE GOVERNMENT.

PERIOD OF PERFORMANCE: 01 OCTOBER 2019 TO 30 SEPTEMBER 2020.

SUBJECT TO AVAILABILITY OF FY20 FUNDING.

PURCHASE REQUEST NUMBER: 0011347383

NET AMT

0001AA 1 Job

BLOOD AND BLOOD PRODUCTS

FFP

1. THE DEPARTMENT OF PATHOLOGY, TRANSFUSION SERVICES

SECTION WILL NEED TO ORDER BLOOD AND BLOOD PRODUCTS TO

MAINTAIN AN ESTABLISHED INVENTORY LEVEL TO SUPPORT THE

MISSION REQUIREMENTS OF THE DEPARTMENT OF PATHOLOGY. THIS

MISSION INVOLVES PROVIDING BLOOD AND BLOOD PRODUCTS

WHEN PATIENTS ARE BLEEDING, PRESENT WITH EMERGENT BLOOD

NEEDS OR NEED SPECIAL, TESTED BLOOD PRODUCTS.

2. THE BLOOD PRODUCTS NEEDED AND THE VOLUME OF EACH ARE

INDICATED BELOW: BASED ON A BIWEEKLY (EVERY 2 WEEKS)

DELIVERY:

DELIVERY SCHEDULE

RBC 0 POSITIVE: 15 UNITS

RBC 0 NEGATIVE: 10 UNITS

RBC B POSITIVE: 2-4 UNITS

RBC B NEGATIVE: 2 UNITS

RBC A NEGATIVE: 2 UNITS

APHERESIS PLATELET UNITS: UNITS AS NEEDED

FFP: UNITS AS NEEDED TO MEET INVENTORY

CRYOPRECIPITATE: UNITS AS NEEDED

3. THE PROVIDING FACILITY MUST BE ABLE TO DELIVER THE

PRODUCTS TO CRDAMC AND MUST MEET ALL BLOOD BANK

REGULATORY REQUIREMENTS FOR THE TRANSPORT AND DELIVERY

OF BLOOD AND BLOOD PRODUCTS AS SET BY THE FOOD AND DRUG

ADMINISTRATION. THE DELIVERIES SHOULD BE MADE EVERY OTHER

WEEK ON A DAY AGREED UPON BY BOTH PARTIES.

4. THE PROVIDING FACILITY MUST BE ABLE TO PERFORM

IDENTIFICATION OF PROBLEM ANTIBODIES AND SPECIAL ANTIGEN

TYPING OF BLOOD PRODUCTS TO MEET THE NEEDS OF PATIENTS AT

CRDAMC. THIS MAY REQUIRE SENDING PATIENT SAMPLES FOR

TESTING IN ORDER TO PROVIDE THESE SPECIFIC PRODUCTS.

5. THE RED BLOOD CELL UNITS (RBC) THAT HAVE NOT BEEN

UTILIZED FOR TRANSFUSIONS WILL BE PICKED UP AND REPLACED

WITH FRESH RBC UNITS. CREDIT WILL BE MADE FOR ALL RETURNED

RBC UNITS. THIS ROTATION WILL PREVENT BLOOD WASTAGE DUE

TO EXPIRED UNITS. ITEMS WILL BE ORDERED ON AN AS NEEDED

BASIS BY AN ORDERING OFFICER.

*SPECIAL NOTE: IF ANY ITEM FURNISHED WHICH DOES NOT MEET

THE REQUIREMENT THE ITEM WILL BE RETURNED AT THE VENDORS

EXPENSE FOR A FULL REFUND.

FOB: Destination

PSC CD: 6505

0001AB 1 Job

SHIPPING

FFP

SHIPPING AND DELIVERY

FOB: Destination

OPTION BLOOD AND BLOOD PRODUCTS

FFP

REQUEST IS FOR CARL R. DARNALL ARMY MEDICAL CENTER

(CRDAMC), FORT HOOD, TX 76544. WHOLE BLOOD AND BLOOD

PRODUCTS TO BE DELIVERED ON A DELIVERTY SCHEDULE, ON AN AS

NEEDED BASIS, AND STAT BASIS ON A 24-HOUR, 7-DAY PER WEEK

BASIS. PAYMENT WILL BE MADE FOR ACTUAL ITEMS ORDERED AND

DELIVERED TO THE GOVERNMENT. VENDOR MUST BE ABLE TO

PROVIDE BLOOD ON A SCHEDULED BASIS AND ALL PRODUCTS NOT

USED WILL BE RETURNED FOR CREDIT.

ADDITIONALLY, VENDOR MUST BE ABLE TO DELIVERY BLOOD OR

BLOOD TYPE PRODUCTS IN EMERGENCY SITUATIONS WITH IN ONE (1)

TO TWO (2) HOURS OF NOTIFICATION, 24 HOURS A DAY 7 DAYS A

WEEK. PAYMENT WILL BE MADE FOR ACTUAL ITEMS ORDERED AND

DELIVERED TO THE GOVERNMENT. ONLY AUTHORIZED ORDERING

OFFICERS SHALL PLACE ORDERS AGAINST THE CONTRACT, WHO

SHALL BE IDENTIFIED BY THE GOVERNMENT.

PERIOD OF PERFORMANCE: 01 OCTOBER 2020 TO 30 SEPTEMBER 2021.

1001AA 1 Job

OPTION BLOOD AND BLOOD PRODUCTS

FFP

1. THE DEPARTMENT OF PATHOLOGY, TRANSFUSION SERVICES

SECTION WILL NEED TO ORDER BLOOD AND BLOOD PRODUCTS TO

MAINTAIN AN ESTABLISHED INVENTORY LEVEL TO SUPPORT THE

MISSION REQUIREMENTS OF THE DEPARTMENT OF PATHOLOGY. THIS

MISSION INVOLVES PROVIDING BLOOD AND BLOOD PRODUCTS

WHEN PATIENTS ARE BLEEDING, PRESENT WITH EMERGENT BLOOD

NEEDS OR NEED SPECIAL, TESTED BLOOD PRODUCTS.

2. THE BLOOD PRODUCTS NEEDED AND THE VOLUME OF EACH ARE

INDICATED BELOW: BASED ON A BIWEEKLY (EVERY 2 WEEKS)

DELIVERY:

DELIVERY SCHEDULE

RBC 0 POSITIVE: 15 UNITS

RBC 0 NEGATIVE: 10 UNITS

RBC B POSITIVE: 2-4 UNITS

RBC B NEGATIVE: 2 UNITS

RBC A NEGATIVE: 2 UNITS

APHERESIS PLATELET UNITS: UNITS AS NEEDED

FFP: UNITS AS NEEDED TO MEET INVENTORY

CRYOPRECIPITATE: UNITS AS NEEDED

3. THE PROVIDING FACILITY MUST BE ABLE TO DELIVER THE

PRODUCTS TO CRDAMC AND MUST MEET ALL BLOOD BANK

REGULATORY REQUIREMENTS FOR THE TRANSPORT AND DELIVERY

OF BLOOD AND BLOOD PRODUCTS AS SET BY THE FOOD AND DRUG

ADMINISTRATION. THE DELIVERIES SHOULD BE MADE EVERY OTHER

WEEK ON A DAY AGREED UPON BY BOTH PARTIES.

4. THE PROVIDING FACILITY MUST BE ABLE TO PERFORM

IDENTIFICATION OF PROBLEM ANTIBODIES AND SPECIAL ANTIGEN

TYPING OF BLOOD PRODUCTS TO MEET THE NEEDS OF PATIENTS AT

CRDAMC. THIS MAY REQUIRE SENDING PATIENT SAMPLES FOR

TESTING IN ORDER TO PROVIDE THESE SPECIFIC PRODUCTS.

5. THE RED BLOOD CELL UNITS (RBC) THAT HAVE NOT BEEN

UTILIZED FOR TRANSFUSIONS WILL BE PICKED UP AND REPLACED

WITH FRESH RBC UNITS. CREDIT WILL BE MADE FOR ALL RETURNED

RBC UNITS. THIS ROTATION WILL PREVENT BLOOD WASTAGE DUE

TO EXPIRED UNITS. ITEMS WILL BE ORDERED ON AN AS NEEDED

BASIS BY AN ORDERING OFFICER.

*SPECIAL NOTE: IF ANY ITEM FURNISHED WHICH DOES NOT MEET

THE REQUIREMENT THE ITEM WILL BE RETURNED AT THE VENDORS

EXPENSE FOR A FULL REFUND.

FOB: Destination

1001AB 1 Job

OPTION SHIPPING

FFP

SHIPPING AND DELIVERY

OPTION BLOOD AND BLOOD PRODUCTS

FFP

REQUEST IS FOR CARL R. DARNALL ARMY MEDICAL CENTER

(CRDAMC), FORT HOOD, TX 76544. WHOLE BLOOD AND BLOOD

PRODUCTS TO BE DELIVERED ON A DELIVERTY SCHEDULE, ON AN AS

NEEDED BASIS, AND STAT BASIS ON A 24-HOUR, 7-DAY PER WEEK

BASIS. PAYMENT WILL BE MADE FOR ACTUAL ITEMS ORDERED AND

DELIVERED TO THE GOVERNMENT. VENDOR MUST BE ABLE TO

PROVIDE BLOOD ON A SCHEDULED BASIS AND ALL PRODUCTS NOT

USED WILL BE RETURNED FOR CREDIT.

ADDITIONALLY, VENDOR MUST BE ABLE TO DELIVERY BLOOD OR

BLOOD TYPE PRODUCTS IN EMERGENCY SITUATIONS WITH IN ONE (1)

TO TWO (2) HOURS OF NOTIFICATION, 24 HOURS A DAY 7 DAYS A

WEEK. PAYMENT WILL BE MADE FOR ACTUAL ITEMS ORDERED AND

DELIVERED TO THE GOVERNMENT. ONLY AUTHORIZED ORDERING

OFFICERS SHALL PLACE ORDERS AGAINST THE CONTRACT, WHO

SHALL BE IDENTIFIED BY THE GOVERNMENT.

PERIOD OF PERFORMANCE: 01 OCTOBER 2021 TO 30 SEPTEMBER 2022.

2001AA 1 Job

OPTION BLOOD AND BLOOD PRODUCTS

FFP

1. THE DEPARTMENT OF PATHOLOGY, TRANSFUSION SERVICES

SECTION WILL NEED TO ORDER BLOOD AND BLOOD PRODUCTS TO

MAINTAIN AN ESTABLISHED INVENTORY LEVEL TO SUPPORT THE

MISSION REQUIREMENTS OF THE DEPARTMENT OF PATHOLOGY. THIS

MISSION INVOLVES PROVIDING BLOOD AND BLOOD PRODUCTS

WHEN PATIENTS ARE BLEEDING, PRESENT WITH EMERGENT BLOOD

NEEDS OR NEED SPECIAL, TESTED BLOOD PRODUCTS.

2. THE BLOOD PRODUCTS NEEDED AND THE VOLUME OF EACH ARE

INDICATED BELOW: BASED ON A BIWEEKLY (EVERY 2 WEEKS)

DELIVERY:

DELIVERY SCHEDULE

RBC 0 POSITIVE: 15 UNITS

RBC 0 NEGATIVE: 10 UNITS

RBC B POSITIVE: 2-4 UNITS

RBC B NEGATIVE: 2 UNITS

RBC A NEGATIVE: 2 UNITS

APHERESIS PLATELET UNITS: UNITS AS NEEDED

FFP: UNITS AS NEEDED TO MEET INVENTORY

CRYOPRECIPITATE: UNITS AS NEEDED

3. THE PROVIDING FACILITY MUST BE ABLE TO DELIVER THE

PRODUCTS TO CRDAMC AND MUST MEET ALL BLOOD BANK

REGULATORY REQUIREMENTS FOR THE TRANSPORT AND DELIVERY

OF BLOOD AND BLOOD PRODUCTS AS SET BY THE FOOD AND DRUG

ADMINISTRATION. THE DELIVERIES SHOULD BE MADE EVERY OTHER

WEEK ON A DAY AGREED UPON BY BOTH PARTIES.

4. THE PROVIDING FACILITY MUST BE ABLE TO PERFORM

IDENTIFICATION OF PROBLEM ANTIBODIES AND SPECIAL ANTIGEN

TYPING OF BLOOD PRODUCTS TO MEET THE NEEDS OF PATIENTS AT

CRDAMC. THIS MAY REQUIRE SENDING PATIENT SAMPLES FOR

TESTING IN ORDER TO PROVIDE THESE SPECIFIC PRODUCTS.

5. THE RED BLOOD CELL UNITS (RBC) THAT HAVE NOT BEEN

UTILIZED FOR TRANSFUSIONS WILL BE PICKED UP AND REPLACED

WITH FRESH RBC UNITS. CREDIT WILL BE MADE FOR ALL RETURNED

RBC UNITS. THIS ROTATION WILL PREVENT BLOOD WASTAGE DUE

TO EXPIRED UNITS. ITEMS WILL BE ORDERED ON AN AS NEEDED

BASIS BY AN ORDERING OFFICER.

*SPECIAL NOTE: IF ANY ITEM FURNISHED WHICH DOES NOT MEET

THE REQUIREMENT THE ITEM WILL BE RETURNED AT THE VENDORS

EXPENSE FOR A FULL REFUND.

2001AB 1 Job

OPTION SHIPPING

FFP

SHIPPING AND DELIVERY

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A N/A 0001AA Destination Government Destination Government 0001AB Destination Government Destination Government 1001 N/A N/A N/A N/A 1001AA Destination Government Destination Government 1001AB Destination Government Destination Government 2001 N/A N/A N/A N/A 2001AA Destination Government Destination Government 2001AB Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0001AA POP 01-OCT-2019 TO

30-SEP-2020

N/A W2M5 CARL R DARNALL ARMY MED C

MEDICAL SUPPLY OFFICER DACH

BLDG 36065 SANTE FE AVE

FORT HOOD TX 76544-5063

W45XTR

0001AB POP 01-OCT-2019 TO

30-SEP-2020

N/A (SAME AS PREVIOUS LOCATION)

1001 N/A N/A N/A N/A

1001AA POP 01-OCT-2020 TO

30-SEP-2021

N/A W2M5 CARL R DARNALL ARMY MED C

MEDICAL SUPPLY OFFICER DACH

BLDG 36065 SANTE FE AVE

FORT HOOD TX 76544-5063

1001AB POP 01-OCT-2020 TO

30-SEP-2021

N/A (SAME AS PREVIOUS LOCATION)

2001 N/A N/A N/A N/A

2001AA POP 01-OCT-2021 TO

30-SEP-2022

N/A W2M5 CARL R DARNALL ARMY MED C

MEDICAL SUPPLY OFFICER DACH

BLDG 36065 SANTE FE AVE

FORT HOOD TX 76544-5063

2001AB POP 01-OCT-2021 TO

30-SEP-2022

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018

ADDENDUM TO FAR 52.212-4

(v) 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.

52.203-3 Gratuities APR 1984 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 2018

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 JAN 2018 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-18 Availability Of Funds APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

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 52.246-16 Responsibility For Supplies APR 1984 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 2017 252.225-7036 Buy American--Free Trade Agreements--Balance of

Payments Program--Basic

DEC 2017

252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

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 52.212-1 (Dev) Instructions to Offerors - Commercial Items. (DEVIATION

2018-O0018)

OCT 2018

ADDENDUM TO FAR 52.212-1

Offeror shall submit signed and dated proposals to Regional Health Contracting Office – Central (RHCO-C) office no later than the date and time specified in Block 8, of the Standard Form 1449, Solicitation/Contract/Order for

Commercial Items. The proposal shall have a title page identifying the offeror, the full address, phone and facsimile numbers, points of contact (POCs) of the offeror, the solicitation number and its contents.

Note: Facsimile offer and electronic (e-mail) offer is also acceptable, provided they meet the requirements listed above. Note facsimile and e-mail are the preferred.

Offer shall clearly identify each part of their proposal, as described below.

Administrative:

a. Request for Quotes. The offeror shall include a copy of the completed SF 1449, with the signature and include the name of the offeror, address, phone and fax numbers in Block 17a.

b. The offeror shall submit a completed copy of FAR 52.212-3, Representations and Certifications –

Commercial Items. If the offeror has completed the Online Representations and Certifications Application (ORCA) at https://www.sam.gov/SAM/ the offeror shall indicate such on the FAR clause. All offerors must be registered in the System for Award Management (SAM) prior to award, and lack of registration shall make an offer ineligible for award.

c. In order to be considered for award the Offeror must comply with all terms, conditions, and special instructions contained within this solicitation additionally, the offer must describe in sufficient detail that the offeror can successful provide the required items in the required allowed time.

Pricing:

a. Schedule Pricing for Requirements. The offeror shall submit proposed pricing for all subContract Line Item Numbers (subCLINs) identified in the Request for Proposal, unless otherwise noted.

b. In order to be eligible for award the offeror shall submit a completed pricing spreadsheet (Exhibit A).

Special Delivery Mail.

a. Offeror is cautioned that the United States Postal Service (USPS) does not deliver directly to the Regional Health Contracting Office – Central (RHCO-C), CRDAMC Cell. All USPS mail is delivered to a central location at Carl R. Darnall Army Medical Center. Offer should be sent in sufficient time to ensure arrival at the contracting office by the specified date and time. Offeror should consider the additional time needed for mail distribution when preparing their offers.

b. Offeror may drop-off their proposal at the Regional Health Contracting Office – Central (RHCO-C), CRDAMC Cell prior to the specified due date and time. For directions to the contracting office, contact Timothy Hoerz at (254) 285-6747 or timothy.t.hoerz.civ@mail.mil

(m) The non-FAR Part 12 discretionary FAR, DFARS, AFARS, and LOCAL provisions included herein are incorporated into this solicitation either by reference or in full text. If incorporated by reference, see provision 52.252-1 herein for locations where full text can be found.

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

See Addendum to FAR 52.212-2.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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

(End of provision)

ADDENDUM TO FAR 52.212-2

Award will be made using the Lowest Price Technically Acceptable (LPTA) source selection process. Award will be made to the responsible offeror on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors. Award may be made without discussions with offerors (except communications conducted for the purpose of minor clarification). Therefore, each initial offer should contain the offeror's best terms from a technical and price standpoint. However, the Government reserves the right to conduct discussions if it is later determined by the contracting officer to be necessary.

(a). The Government will award a Purchase Order resulting from this solicitation, to the responsible Request For Quote (RFQ) conforming to the solicitation, that is lowest price technically acceptable (LPTA). Award will be on an all or none basis. The following evaluation factors shall be used to evaluate offers: Technical Acceptability and Price.

1. Technical Acceptability: If an item furnished which does not meet the requirement the item will be returned at the vendor's expense for a full refund. Offer will be found technically acceptable if the offer meets the following salient characteristics:

A. The Department of Pathology, Transfusion Services Section will need to order blood and blood products to maintain an established inventory level to support the mission requirements of the Department of Pathology. This mission involves providing blood and blood products when patients are bleeding, present with emergent blood needs or need special tested blood products.

B. The blood products needed and the volume of each are indicated below: Based on a Biweekly (every 2 weeks) delivery:

Delivery Schedule RBC 0 Positive: 15 units RBC 0 Negative: 10 units RBC B Positive: 2-4 units RBC B Negative: 2 units RBC A Negative: 2 units Apheresis Platelet: Units as needed FFP: Units as needed to meet inventory Cryoprecipitate: Units as needed

C. The providing facility shall be able to deliver the products to CRDAMC and must meet all Blood Bank regulatory requirements for the transport and delivery of blood and blood products as set by the Food and Drug Administration. The deliveries should be made every other week on a day agreed upon by both parties.

D. The providing facility shall be able to perform identification of problem antibodies and special antigen typing of blood products to meet the needs of patients at CRDAMC. This may require sending patient samples for testing in order to provide these specific products.

E. The red blood cell units (rbc) that have not been utilized for transfusions shall be picked up and replaced with fresh rbc units. Credit shall be made for all returned rbc units. This rotation will prevent blood wastage due to expired units.

F. Product List Whole Blood Whole Blood, Irradiated Whole Blood, Leukoreduced Whole Blood, Leukoreduced, Irradiated Red Blood Cells (Autologous Only) Red Blood Cells, Irradiated Washed Red Blood Cells Washed Red Blood Cells, Irradiated Deglycerolized Red Blood Cells Deglycerolized Red Blood Cells, Irradiated Red Blood Cells, Leukoreduced Red Blood Cells, Leukoreduced, Irradiated Washed Red Blood Cells, Leukoreduced Washed Red Blood Cells, Leukoreduced, Irradiated Deglycerolized Red Blood Cells, Leukoreduced Deglycerolized Red Blood Cells, Leukoreduced, Irradiated Red Blood Cells, Reconstituted Red Blood Cells, Reconstituted, Leukoreduced Red Blood Cells, Reconstituted Irradiated Red Blood Cells, Reconstituted, Leukoreduced, Irradiated Red Blood Cells, Leukoreduced, Irr, Vol Adjusted Red Blood Cells, Leukoreduced, Volume Adjusted Cryoprecipitate Thawed Cryoprecipitate Pooled Cryoprecipitate, from 5 donors Thawed Pooled Cryoprecipitate, from 2 donors Thawed Pooled Cryoprecipitate, from 3 donors Thawed Pooled Cryoprecipitate, Pooled, from 4 donors Thawed Pooled Cryoprecipitate, Pooled, from 5 donors Thawed Pooled Cryoprecipitate, from 6 donors Thawed Pooled Cryoprecipitate, from 7 donors Thawed Pooled Cryoprecipitate, from 8 donors Thawed Pooled Cryoprecipitate, from 9 donors Thawed Pooled Cryoprecipitate, from10 donors Plasma, Cryo-Reduced Thawed Plasma, Cryo-Reduced Fresh Frozen Plasma (>200mL <400mL) Thawed Fresh Frozen Plasma (>200mL <400mL) Fresh Frozen Plasma (>400mL <600mL) Thawed Fresh Frozen Plasma (>400mL <600mL), Fresh Frozen Plasma (>600mL) Thawed Fresh Frozen Plasma (>600mL) Platelets, Random Platelets, Random, Irradiated Platelets, Random, Leuko-Reduced (post storage)

Platelets, Random, Leukoreduced (pre-storage), QC tested for bacteria Platelets, Random, Leukoreduced (post storage), Irradiated Platelets, Random, Leukoreduced (pre-storage), Irr, QC tested for bacteria Platelets, Random, Volume Adjusted Platelets, Random, Leuko-Reduced (post-storage), Volume Adjusted Platelets, Random, Leukoreduced (pre-storage), Volume Adjusted, QC tested for bacteria Platelets, Random, Irradiated, Volume Adjusted Platelets, Random, Leukoreduced (post-storage), Irr, Vol Adjusted Platelets, Random, Leukoreduced (pre-storage), Irr, Vol Adjusted, QC tested for bacteria Platelets, Pooled, Leukoreduced, QC tested for bacteria (Acrodose) Platelets, Pooled, Leukoreduced, Irr, QC tested for bacteria (Acrodose) Leukocytes, Buffy Coats Apheresis Platelets, Leukoreduced Apheresis Platelets, Leukoreduced, Volume Adjusted Apheresis Platelets, Leukoreduced, Irradiated Apheresis Platelets, Leukoreduced, Irr, Volume Adjusted Washed Apheresis Platelets, Leuko-Reduced Washed Apheresis Platelets, Leukoreduced, Irradiated Apheresis Platelets, Leukoreduced, <310g11 * Apheresis Platelets, Leukoreduced, Irr, <310g11 * Apheresis Granulocytes Apheresis Granulocytes, Irradiated Apheresis Lymphocytes

2. Delivery time for emergency situations shall be within 1-2 hours from the time of request, 24 hours a day 7 days a week.

3. Price: The offeror shall submit proposed pricing for all subContract Line Item Numbers (subCLINs) identified in the Request for Proposal, unless otherwise noted. In order to be eligible for award the offeror shall submit a completed pricing spreadsheet (Exhibit A).

(b). Quotes must be submitted on a signed SF form 1449, must have all CLIN/SUB CLIN dollar values completely filled in, and must be submitted NLT the offer due date/local time CST by e-mailing to:

timothy.t.hoerz.civ@mail.mil, or faxing to (254) 553-3906 Attn: Tim. No telephonic questions or quotes will be accepted. Any questions must be submitted via e-mail no later than 12 June 2019 at 3:00 PM CST. Questions with answers will be posted on or about 18 June 2019.

(c). Options. The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(d). Evaluation Process: All offers will be evaluated IAW FAR 15.305 first: Award will be made using the lowest-price, technically-acceptable source selection process. The Government will initially list proposals from lowest to highest price. If a proposal is rated Technically Unacceptable, the Government will not evaluate any other factor.

USING THIS PROCEDURE, THE GOVERNMENT MIGHT NOT EVALUATE ALL PROPOSALS. Proposals receiving a rating of “less than adequate” or “not acceptable” will not be eligible for award. In order to be eligible for award the offeror shall submit a completed pricing spreadsheet (Exhibit A). In order to be technically acceptable the offerer must be able to deliver in emergency situations; within 1-2 hours from the time of request, 24 hours a day 7 days a week. In order to be eligible for award the Offeror must demonstrate the ability to fully comply with all of the terms, conditions, special instructions, provide all items, and delivery requirements.

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

(end of provision)

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)

52.217-9 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 15 calendar days prior to expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 calendar 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 36 months.

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 621991 assigned to contract number .

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

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

``Active duty wartime or campaign badge veteran,'' ``Armed Forces service medal veteran,'' ``disabled veteran,'' ``protected veteran,'' ``qualified disabled veteran,'' and ``recently separated veteran'' have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

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.

52.222-50 COMBATING TRAFFICKING IN PERSONS (JAN 2019)

Agent means any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on behalf of the organization.

Coercion means--

(1) Threats of serious harm to or physical restraint against any person;

(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or

(3) The abuse or threatened abuse of the legal process.

Commercially available off-the-shelf (COTS) item means--

(1) Any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

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

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

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

Commercial sex act means any sex act on account of which anything of value is given to or received by any person.

Debt bondage means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

Employee means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance.

Forced Labor means knowingly providing or obtaining the labor or services of a person--

(1) By threats of serious harm to, or physical restraint against, that person or another person;

(2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or

(3) By means of the abuse or threatened abuse of law or the legal process.

Involuntary servitude includes a condition of servitude induced by means of--

(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or

(2) The abuse or threatened abuse of the legal process.

Recruitment fees means fees of any type, including charges, costs, assessments, or other financial obligations, that are associated with the recruiting process, regardless of the time, manner, or location of imposition or collection of the fee.

(1) Recruitment fees include, but are not limited to, the following fees (when they are associated with the recruiting process) for--

(i) Soliciting, identifying, considering, interviewing, referring, retaining, transferring, selecting, training, providing orientation to, skills testing, recommending, or placing employees or potential employees;

(ii) Advertising;

(iii) Obtaining permanent or temporary labor certification, including any associated fees;

(iv) Processing applications and petitions;

(v) Acquiring visas, including any associated fees;

(vi) Acquiring photographs and identity or immigration documents, such as passports, including any associated fees;

(vii) Accessing the job opportunity, including required medical examinations and immunizations; background, reference, and security clearance checks and examinations; and additional certifications;

(viii) An employer's recruiters, agents or attorneys, or other notary or legal fees;

(ix) Language interpretation or translation, arranging for or accompanying on travel, or providing other advice to employees or potential employees;

(x) Government-mandated fees, such as border crossing fees, levies, or worker welfare funds;

(xi) Transportation and subsistence costs--

(A) While in transit, including, but not limited to, airfare or costs of other modes of transportation, terminal fees, and travel taxes associated with travel from the country of origin to the country of performance and the return journey upon the end of employment; and

(B) From the airport or disembarkation point to the worksite;

(xii) Security deposits, bonds, and insurance; and

(xiii) Equipment charges.

(2) A recruitment fee, as described in the introductory text of this definition, is a recruitment fee, regardless of whether the payment is--

(i) Paid in property or money;

(ii) Deducted from wages;

(iii) Paid back in wage or benefit concessions;

(iv) Paid back as a kickback, bribe, in-kind payment, free labor, tip, or tribute; or

(v) Collected by an employer or a third party, whether licensed or unlicensed, including, but not limited to--

(A) Agents;

(B) Labor brokers;

(C) Recruiters;

(D) Staffing firms (including private employment and placement firms);

(E) Subsidiaries/affiliates of the employer;

(F) Any agent or employee of such entities; and

(G) Subcontractors at all tiers.

Severe forms of trafficking in persons means--

(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or

(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

Sex trafficking means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.

Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Policy. The United States Government has adopted a policy prohibiting trafficking in persons including the trafficking-related activities of this clause. Contractors, contractor employees, and their agents shall not--

(1) Engage in severe forms of trafficking in persons during the period of performance of the contract;

(2) Procure commercial sex acts during the period of performance of the contract;

(3) Use forced labor in the performance of the contract;

(4) Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee's identity or immigration documents, such as passports or drivers' licenses, regardless of issuing authority;

(5)(i) Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to disclose, in a format and language understood by the employee or potential employee, basic information or making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or arranged), any significant costs to be charged to the employee or potential employee, and, if applicable, the hazardous nature of the work;

(ii) Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place;

(6) Charge employees or potential employees recruitment fees;

(7)(i) Fail to provide return transportation or pay for the cost of return transportation upon the end of employment--

(A) For an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract (for portions of contracts performed outside the United States); or

(B) For an employee who is not a United States national and who was brought into the United States for the purpose of working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee (for portions of contracts performed inside the United States); except that--

(ii) The requirements of paragraphs (b)(7)(i) of this clause shall not apply to an employee who is--

(A) Legally permitted to remain in the country of employment and who chooses to do so; or

(B) Exempted by an…