W81K02-17-T-0295AttA.pdf
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- Attached to
- Clinical Chemistry Analytical Platform System with Reagents Federal contract opportunity
- Solicitation number
- W81K02-17-T-0295
- Issued by
- Department of the Army Medical Command
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| W81K02-17-T-0295AttA_Amd_0001.pdf |
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ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 8 Job
CC CLINICAL CHEMISTRY REAGENTS
FFP
CC CLINICAL CHEMISTRY REAGENTS
BRAND NAME OR EQUAL
Estimated quantities for Clinical Chemistry reagents are listed on Attachment 1.
ORDERING PERIOD: 01 OCTOBER 2017 to 30 SEPTEMBER 2018
Orders will be made by issuance of funded Delivery Orders for actual quantities required. The unit price on the IDIQ contract is the total not-to-exceed amount for all Delivery Orders.
Deliveries will be coordinated with the Department of Pathology, Tripler Army Medical Center, POC: SFC Derrick Robinson (808) 433-1353
Shipping Address:
Tripler Army Medical Center Department of Pathology Material Branch Bldg 161B Krukowski Road Tripler AMC, HI 96819-1552
FOB: Destination
PURCHASE REQUEST NUMBER: 0010996783
NET AMT
W81K02-17-T-0295 Attachment A
0002 8 Job
IA IMMUNOASSAYS REAGENTS
FFP
IA IMMUNOASSAYS REAGENTS
BRAND NAME OR EQUAL
Estimated quantities for Immunoassays reagents are listed on Attachment 1.
ORDERING PERIOD: 01 OCTOBER 2017 to 30 SEPTEMBER 2018
Orders will be made by issuance of funded Delivery Orders for actual quantities required. The unit price on the IDIQ contract is the total not-to-exceed amount for all Delivery Orders.
Deliveries will be coordinated with the Department of Pathology, Tripler Army Medical Center, POC: SFC Derrick Robinson (808) 433-1353
Shipping Address:
Tripler Army Medical Center Department of Pathology Material Branch Bldg 161B Krukowski Road Tripler AMC, HI 96819-1552
BRAND NAME OR EQUAL
FOB: Destination
PURCHASE REQUEST NUMBER: 0010996783
NET AMT
W81K02-17-T-0295
0003 12 Months
INSTRUMENTS
FFP
INSTRUMENTS
Abbott Architect Analyzers, Automation Line Abbott a3600, storage modules, sealer, de-sealer modules and all existing modules
BRAND NAME OR EQUAL
ORDERING PERIOD: 01 OCTOBER 2017 to 30 SEPTEMBER 2018
Delivery will be coordinated with the Department of Pathology, Tripler Army Medical Center, POC: SFC Derrick Robinson (808) 433-1353
Shipping Address:
Tripler Army Medical Center Department of Pathology Material Branch Bldg 161B Krukowski Road Tripler AMC, HI 96819-1552
PURCHASE REQUEST NUMBER: 0010996783
1001 8 Each
OPTION CC CLINICAL CHEMISTRY REAGENTS
FFP
CC CLINICAL CHEMISTRY REAGENTS
BRAND NAME OR EQUAL
Estimated quantities for Clinical Chemistry reagents are listed on Attachment 1.
ORDERING PERIOD: 01 OCTOBER 2018 to 30 SEPTEMBER 2019
Orders will be made by issuance of funded Delivery Orders for actual quantities required. The unit price on the IDIQ contract is the total not-to-exceed amount for all Delivery Orders.
Deliveries will be coordinated with the Department of Pathology, Tripler Army Medical Center, POC: SFC Derrick Robinson (808) 433-1353
Shipping Address:
Tripler Army Medical Center Department of Pathology Material Branch
BRAND NAME OR EQUAL
1002 8 Each
OPTION IA IMMUNOASSAYS REAGENTS
FFP
IA IMMUNOASSAYS REAGENTS
BRAND NAME OR EQUAL
Estimated quantities for Immunoassays reagents are listed on Attachment 1.
ORDERING PERIOD: 01 OCTOBER 2018 to 30 SEPTEMBER 2019
Orders will be made by issuance of funded Delivery Orders for actual quantities required. The unit price on the IDIQ contract is the total not-to-exceed amount for all Delivery Orders.
Deliveries will be coordinated with the Department of Pathology, Tripler Army Medical Center, POC: SFC Derrick Robinson (808) 433-1353
Shipping Address:
Tripler Army Medical Center Department of Pathology Material Branch
1003 12 Months
OPTION INSTRUMENTS
FFP
NSTRUMENTS
Abbott Architect Analyzers, Automation Line Abbott a3600, storage modules, sealer, de-sealer modules and all existing modules
BRAND NAME OR EQUAL
ORDERING PERIOD: 01 OCTOBER 2018 to 30 SEPTEMBER 2019
Delivery will be coordinated with the Department of Pathology, Tripler Army Medical Center, POC: SFC Derrick Robinson (808) 433-1353
Shipping Address:
Tripler Army Medical Center Department of Pathology Material Branch Bldg 161B Krukowski Road
2001 8 Job
OPTION CC CLINICAL CHEMISTRY REAGENTS
FFP
CC CLINICAL CHEMISTRY REAGENTS
BRAND NAME OR EQUAL
Estimated quantities for Clinical Chemistry reagents are listed on Attachment 1.
ORDERING PERIOD: 01 OCTOBER 2019 to 30 SEPTEMBER 2020
Orders will be made by issuance of funded Delivery Orders for actual quantities required. The unit price on the IDIQ contract is the total not-to-exceed amount for all Delivery Orders.
Deliveries will be coordinated with the Department of Pathology, Tripler Army Medical Center, POC: SFC Derrick Robinson (808) 433-1353
Shipping Address:
Tripler Army Medical Center Department of Pathology Material Branch
2002 8 Job
OPTION IA IMMUNOASSAYS REAGENTS
FFP
IA IMMUNOASSAYS REAGENTS
BRAND NAME OR EQUAL
Estimated quantities for Immunoassays reagents are listed on Attachment 1.
ORDERING PERIOD: 01 OCTOBER 2019 to 30 SEPTEMBER 2020
Orders will be made by issuance of funded Delivery Orders for actual quantities required. The unit price on the IDIQ contract is the total not-to-exceed amount for all Delivery Orders.
Deliveries will be coordinated with the Department of Pathology, Tripler Army Medical Center, POC: SFC Derrick Robinson (808) 433-1353
Shipping Address:
Tripler Army Medical Center Department of Pathology Material Branch
2003 12 Months
OPTION INSTRUMENTS
FFP
INSTRUMENTS
Abbott Architect Analyzers, Automation Line Abbott a3600, storage modules, sealer, de-sealer modules and all existing modules
BRAND NAME OR EQUAL
ORDERING PERIOD: 01 OCTOBER 2019 to 30 SEPTEMBER 2020
Delivery will be coordinated with the Department of Pathology, Tripler Army Medical Center, POC: SFC Derrick Robinson (808) 433-1353
Shipping Address:
Tripler Army Medical Center Department of Pathology Material Branch Bldg 161B Krukowski Road
3001 8 Job
OPTION CC CLINICAL CHEMISTRY REAGENTS
FFP
CC CLINICAL CHEMISTRY REAGENTS
BRAND NAME OR EQUAL
Estimated quantities for Clinical Chemistry reagents are listed on Attachment 1.
ORDERING PERIOD: 01 OCTOBER 2020 to 30 SEPTEMBER 2021
Orders will be made by issuance of funded Delivery Orders for actual quantities required. The unit price on the IDIQ contract is the total not-to-exceed amount for all Delivery Orders.
Deliveries will be coordinated with the Department of Pathology, Tripler Army Medical Center, POC: SFC Derrick Robinson (808) 433-1353
Shipping Address:
Tripler Army Medical Center Department of Pathology Material Branch
3002 8 Job
OPTION IA IMMUNOASSAYS REAGENTS
FFP
IA IMMUNOASSAYS REAGENTS
BRAND NAME OR EQUAL
Estimated quantities for Immunoassays reagents are listed on Attachment 1.
ORDERING PERIOD: 01 OCTOBER 2020 to 30 SEPTEMBER 2021
Orders will be made by issuance of funded Delivery Orders for actual quantities required. The unit price on the IDIQ contract is the total not-to-exceed amount for all Delivery Orders.
Deliveries will be coordinated with the Department of Pathology, Tripler Army Medical Center, POC: SFC Derrick Robinson (808) 433-1353
Shipping Address:
Tripler Army Medical Center Department of Pathology Material Branch
3003 12 Months
OPTION INSTRUMENTS
FFP
INSTRUMENTS
Abbott Architect Analyzers, Automation Line Abbott a3600, storage modules, sealer, de-sealer modules and all existing modules
BRAND NAME OR EQUAL
ORDERING PERIOD: 01 OCTOBER 2020 to 30 SEPTEMBER 2021
Delivery will be coordinated with the Department of Pathology, Tripler Army Medical Center, POC: SFC Derrick Robinson (808) 433-1353
Shipping Address:
Tripler Army Medical Center Department of Pathology Material Branch Bldg 161B Krukowski Road
4001 8 Job
OPTION CC CLINICAL CHEMISTRY REAGENTS
FFP
CC CLINICAL CHEMISTRY REAGENTS
BRAND NAME OR EQUAL
Estimated quantities for Clinical Chemistry reagents are listed on Attachment 1.
ORDERING PERIOD: 01 OCTOBER 2021 to 30 SEPTEMBER 2022
Orders will be made by issuance of funded Delivery Orders for actual quantities required. The unit price on the IDIQ contract is the total not-to-exceed amount for all Delivery Orders.
Deliveries will be coordinated with the Department of Pathology, Tripler Army Medical Center, POC: SFC Derrick Robinson (808) 433-1353
Shipping Address:
Tripler Army Medical Center Department of Pathology Material Branch
4002 8 Job
OPTION IA IMMUNOASSAYS REAGENTS
FFP
IA IMMUNOASSAYS REAGENTS
BRAND NAME OR EQUAL
Estimated quantities for Immunoassays reagents are listed on Attachment 1.
ORDERING PERIOD: 01 OCTOBER 2021 to 30 SEPTEMBER 2022
Orders will be made by issuance of funded Delivery Orders for actual quantities required. The unit price on the IDIQ contract is the total not-to-exceed amount for all Delivery Orders.
Deliveries will be coordinated with the Department of Pathology, Tripler Army Medical Center, POC: SFC Derrick Robinson (808) 433-1353
Shipping Address:
Tripler Army Medical Center Department of Pathology Material Branch
4003 12 Months
OPTION INSTRUMENTS
FFP
INSTRUMENTS
Abbott Architect Analyzers, Automation Line Abbott a3600, storage modules, sealer, de-sealer modules and all existing modules
BRAND NAME OR EQUAL
ORDERING PERIOD: 01 OCTOBER 2021 to 30 SEPTEMBER 2022
Delivery will be coordinated with the Department of Pathology, Tripler Army Medical Center, POC: SFC Derrick Robinson (808) 433-1353
Shipping Address:
Tripler Army Medical Center Department of Pathology Material Branch Bldg 161B Krukowski Road
SALIENT CHARACTERISTICS
1. Analyzer shall process up to 1800 test per hour for chemistry samples and shall process up to 200 tests per hour for immunochemistry and shall attach to the processing track.
2. Total automation system with analyzers, storage module, and track shall fit within an area of 28 feet by 16 feet.
3. Centrifuges shall have a minimum capacity of 80 sample tubes.
4. The storage and retrieval module shall keep up to 9000 specimen tubes and shall handle the waste disposal automatically without operator intervention.
5. The dimension of the storage shall not be more than 80 inches wide, 90 inches height and 80 inches depth.
W81K02-17-T-0295
6. Equipment shall contain a fully automated specimen processing track to include: input/output module, two centrifuges, de-capper, instrument interface modules, tube resealer and integrated tube storage retrieval module with autodisposal. Automation system shall not require aliquoter to process specimens; shall utilize primary tube point-in-space sampling.
7. This automation shall have a Radio-Frequency identification to track specimens on the bar-code reader by providing increased reliability of the track and have capability to load up to 700 specimen tubes at one time.
Equipment shall have chemiflex methodology, ICT microchips for ISE’s and universal sample carriers.
8. The analyzers menu shall be capable of testing for BNP, Hemoglobin A1C, Vitamin D, all the Hepatitis blood viruses, and 4th generation HIV in a single platform.
9. The Hemoglobin A1C test shall have the Food and Drug Administration approval for the use to detect type 2 diabetes and pre-diabetes.
10. The instrument shall have cardiac markers Troponin I and BNP. The Troponin I assay shall be able to be used in the assessment of patients at the 99 percentile per National Academy of Clinical Biochemistry guidelines.
11. STAT Immunoassays cardiac markers, BhCG and PTH, shall have an analytical turnaround time of less than 20 minutes, and all routine assays like Thyroids, Hepatitis and Metabolic shall have an analytical turnaround time of less than 30 minutes.
12. Enzyme assays shall use flex-rate or similar technology that extends the linear ranges by extrapolation (without dilution) reducing repeats and reruns in order to avoid additional tech time and reagent costs.
13. The chemistry and immunoassay analyzers shall perform automatic dilution on out of range results to reduce manual dilution thus improve efficiency and accuracy of patient results
14. Analyzer shall have capability to assess the level of common interferents such as:
hemoglobin lipemia and icteric for each sample without decreasing overall sample throughput.
15. Middleware shall have the capability to stream quality control by automatically transferring data to and from third party (ie. Bio-Rad) QC software in real time and have an option to interface to E-Lab connect for College of American Pathology website survey completion.
16. The middleware shall interface with our existing Laboratory Information system for auto verification of result, and shall be able to communicate with other vendors instruments (e.g., Sysmex, STAGO, iRICELL).
17. The interface shall provide advanced sample workload management that includes routing and sample prioritization, sorting and archiving based on user parameters.
18. The analytical system shall not produce more than 25 gallons of water per hour as to not exceed the current drainage system. Contractor shall utilize current drainage system location.
NOTE: Interested quoters shall contact Susan Fujita at susan.m.fujita.civ@mail.mil no later than 25 August 2017 to request a site visit of the laboratory space and/or a viewing of a diagram of the laboratory space, if desired.
mailto:susan.m.fujita.civ@mail.mil
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC
0001 POP 01-OCT-2017 TO
30-SEP-2018
N/A W07C TAMC MEDICAL SUPPLY ACCT
DIRECT DELIVERY SEE LINE ITEM(S)
MATERIAL BR LOG DIV
KRUKOWSKI BLDG 161
TRIPLER AMC HI 96859-5000
WX3JN8
0002 POP 01-OCT-2017 TO
30-SEP-2018
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 01-OCT-2017 TO
30-SEP-2018
N/A (SAME AS PREVIOUS LOCATION)
1001 POP 01-OCT-2018 TO
30-SEP-2019
N/A (SAME AS PREVIOUS LOCATION)
1002 POP 01-OCT-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
1003 POP 01-OCT-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 01-OCT-2019 TO
30-SEP-2020
N/A (SAME AS PREVIOUS LOCATION)
2002 POP 01-OCT-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
2003 POP 01-OCT-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 01-OCT-2020 TO
30-SEP-2021
N/A (SAME AS PREVIOUS LOCATION)
3002 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
WX3JN8
W81K02-17-T-0295
3003 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
4001 POP 01-OCT-2021 TO
30-SEP-2022
N/A (SAME AS PREVIOUS LOCATION)
4002 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
4003 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017
ADDENDUM TO FAR 52.212-4
(w) UNILATERAL MODIFICATIONS
In addition to 52.212-4(c), the Government may make unilateral modifications considered administrative in nature.
These include, but are not limited to, changes in the accounting and appropriation data, payment and issuing office addresses, and other corrections that have no effect on the terms and conditions of the contract.
(x) The non-FAR Part 12 discretionary FAR and DFARS 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.
(y) OTSG/MEDCOM Policy Memo 13-062 Implementation.
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 providing the required supplies under this contract.
All contractor personnel with knowledge of an incident of sexual assault occurring on a Government facility, to include a Government leased facility, where the contractor is providing supplies under this contract shall immediately (within 24 hours) report the incident in writing to the government's contract POC. This reporting policy also applies to sexual assault incidents involving MEDCOM personnel that occur on the contractor’s owned or leased facility under this contract. All incidents shall be reported whether they involve contractor personnel or
W81K02-17-T-0295
Government personnel, or other individuals, when the incidents occur on a Government facility or a Government leased facility.
All contractor personnel with knowledge of an incident of sexual harassment occurring on a Government facility, to include a Government leased facility, where the contractor is providing supplies under this contract shall immediately (within 24 hours) report the incident in writing to the government's contract POC. This reporting policy also applies to sexual harassment incidents involving MEDCOM personnel that occur on the contractor’s owned or leased facility under this contract. All incidents shall be reported whether they involve contractor personnel or Government personnel, or other individuals, when the incidents occur on a Government facility or a Government leased facility.
The contractor shall ensure contractor personnel associated with this contract receive Sexual Harassment/Assault Response and Prevention (SHARP) training not later than 60 calendar days after the effective date of this contract.
Training can be obtained either online or in person. If contract individuals have an AKO account, they can access online the Team Bound Self Study course through Army Learning Management System (ALMS) at http://www.atsc.army.mil/tadlp/delivery/alms.asp
Advisory Publications Army Regulation 600-20, Army Command Policy, 20 Sep 2012
Mandatory Publications 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.
Deliverables due
Sexual Assault Reporting. The contractor will immediately (within 24 hours) submit a written report of an incident of sexual assault to the Government contract POC.
Sexual Harassment Reporting. The contractor will immediately (within 24 hours) submit a written report of an incident of sexual harassment to the Government contract POC.
(z) TAS Reporting For reporting purposes, FAR Clause 52.204-10 Reporting Executive Compensation and First Tier Subcontract Awards, the Treasury Account Symbol (TAS) is 97 0130.
(End Addendum 52.212-4)
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 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
W81K02-17-T-0295 Attachment A http://www.atsc.army.mil/tadlp/delivery/alms.asp
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
OCT 2016
52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters
JUL 2013
52.219-8 Utilization of Small Business Concerns NOV 2016 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 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts
SEP 2013
52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-18 Availability Of Funds APR 1984 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 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of Terrorism
OCT 2015
252.219-7004 Small Business Subcontracting Plan (Test Program) OCT 2014 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2016 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 252.226-7001 Utilization of Indian Organizations and Indian-Owned
Economic Enterprises, and Native Hawaiian Small Business Concerns
SEP 2004
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
JUN 2012
W81K02-17-T-0295
252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012
CLAUSES INCORPORATED BY FULL TEXT
52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015)
(a) Definitions. As used in this clause--
Agent means any individual, including a director, an officer, an employee, or an independent Contractor, authorized to act on behalf of the organization.
Full cooperation—
(1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete response to Government auditors' and investigators' request for documents and access to employees with information;
(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not require-
(i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; or
(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and
(3) Does not restrict a Contractor from--
(i) Conducting an internal investigation; or
(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.
Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
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 furnished 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) Code of business ethics and conduct. (1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the Contractor shall--
(i) Have a written code of business ethics and conduct;
(ii) Make a copy of the code available to each employee engaged in performance of the contract.
(2) The Contractor shall--
(i) Exercise due diligence to prevent and detect criminal conduct; and
(ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law.
(3)(i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed--
(A) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code; or
(B) A violation of the civil False Claims Act (31 U.S.C. 3729-3733).
(ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained pursuant to the Contractor's disclosure as confidential where the information has been marked “confidential” or “proprietary” by the company. To the extent permitted by law and regulation, such information will not be released by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any department or agency within the Executive Branch if the information relates to matters within the organization's jurisdiction.
(iii) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract.
(c) Business ethics awareness and compliance program and internal control system. This paragraph (c) does not apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract or if this contract is for the acquisition of a commercial item as defined at FAR 2.101. The Contractor shall establish the following within 90 days after contract award, unless the Contracting Officer establishes a longer time period:
(1) An ongoing business ethics awareness and compliance program.
(i) This program shall include reasonable steps to communicate periodically and in a practical manner the Contractor's standards and procedures and other aspects of the Contractor's business ethics awareness and compliance program and internal control system, by conducting effective training programs and otherwise disseminating information appropriate to an individual's respective roles and responsibilities.
(ii) The training conducted under this program shall be provided to the Contractor's principals and employees, and as appropriate, the Contractor's agents and subcontractors.
W81K02-17-T-0295
(2) An internal control system.
(i) The Contractor's internal control system shall--
(A) Establish standards and procedures to facilitate timely discovery of improper conduct in connection with Government contracts; and
(B) Ensure corrective measures are promptly instituted and carried out.
(ii) At a minimum, the Contractor's internal control system shall provide for the following:
(A) Assignment of responsibility at a sufficiently high level and adequate resources to ensure effectiveness of the business ethics awareness and compliance program and internal control system.
(B) Reasonable efforts not to include an individual as a principal, whom due diligence would have exposed as having engaged in conduct that is in conflict with the Contractor's code of business ethics and conduct.
(C) Periodic reviews of company business practices, procedures, policies, and internal controls for compliance with the Contractor's code of business ethics and conduct and the special requirements of Government contracting, including--
(1) Monitoring and auditing to detect criminal conduct;
(2) Periodic evaluation of the effectiveness of the business ethics awareness and compliance program and internal control system, especially if criminal conduct has been detected; and
(3) Periodic assessment of the risk of criminal conduct, with appropriate steps to design, implement, or modify the business ethics awareness and compliance program and the internal control system as necessary to reduce the risk of criminal conduct identified through this process.
(D) An internal reporting mechanism, such as a hotline, which allows for anonymity or confidentiality, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.
(E) Disciplinary action for improper conduct or for failing to take reasonable steps to prevent or detect improper conduct.
(F) Timely disclosure, in writing, to the agency OIG, with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of any Government contract performed by the Contractor or a subcontractor thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed a violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 U.S.C. or a violation of the civil False Claims Act (31 U.S.C. 3729-3733).
(1) If a violation relates to more than one Government contract, the Contractor may make the disclosure to the agency OIG and Contracting Officer responsible for the largest dollar value contract impacted by the violation.
(2) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract, and the respective agencies' contracting officers.
W81K02-17-T-0295
(3) The disclosure requirement for an individual contract continues until at least 3 years after final payment on the contract.
(4) The Government will safeguard such disclosures in accordance with paragraph (b)(3)(ii) of this clause.
(G) Full cooperation with any Government agencies responsible for audits, investigations, or corrective actions.
(d) Subcontracts.
(1) The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts that have a value in excess of $5.5 million and a performance period of more than 120 days.
(2) In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.
(End of clause)
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)
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.
52.216-19 ORDER LIMITATIONS. (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor:
(1) Any order for a single item in excess of the quantity indicated on any IDIQ Contract Line Item;
(2) Any order for a combination of items in excess of quantity indicated on any IDIQ Contract Line Item; or
(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.
(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five (5)days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
52.216-22 INDEFINITE QUANTITY. (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 30 September 2022.
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days;
provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)
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
W81K02-17-T-0295
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.
(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 325413- assigned to contract number TBD.
(Contractor to sign and date and insert authorized signer's name and title).
52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT
(DEC 2010)
(a) During the term of this contract, the Contractor shall post an employee notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR 471.2(d) and (f).
(1) Physical posting of the employee notice shall be in conspicuous places in and about the Contractor's plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract.
(2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice electronically by displaying prominently, on any Web site that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor's Web site that contains the full text of the poster. The link to the Department's Web site, as referenced in (b)(3) of this section, must read, ``Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers.''
(b) This required employee notice, printed by the Department of Labor, may be--
(1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S.
Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;
(2) Provided by the Federal contracting agency if requested;
(3) Downloaded from the Office of Labor-Management Standards Web site at http://www.dol.gov/olms/regs/compliance/EO13496.htm; or
(4) Reproduced and used as exact duplicate copies of the Department of Labor's official poster.
(c) The required text of the employee notice referred to in this clause is located at Appendix A, Subpart A, 29 CFR Part 471.
(d) The Contractor shall comply with all provisions of the employee notice and related rules, regulations, and orders of the Secretary of Labor.
(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with 29 CFR 471.14 and subpart 9.4. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471, which implements Executive Order 13496 or as otherwise provided by law.
(f) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (f), in every subcontract that exceeds $10,000 and will be performed wholly or partially in the United States, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor.
(2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this clause.
(3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance.
(4) However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
FAR: http://farsite.hill.af.mil/vffara.htm DFARS: http://farsite.hill.af.mil/vfdfara.htm
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any DoD FAR Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT
REPORTING (OCT 2016)
(a) Definitions. As used in this clause--
Adequate security means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.
Compromise means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.
Contractor attributional/proprietary information means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.
Controlled technical information means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination.
Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.
http://farsite.hill.af.mil/vffara.htm http://farsite.hill.af.mil/vfdfara.htm
Covered contractor information system means an unclassified information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.
Covered defense information means unclassified controlled technical information or other information, as described in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category-list.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is--
(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or
(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract.
Cyber incident means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.
Forensic analysis means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.
Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.
Malicious software means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.
Media means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system.
Operationally critical support means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.
Rapidly report means within 72 hours of discovery of any cyber incident.
Technical information means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data--Noncommercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.
(b) Adequate security. The Contractor shall provide adequate security on all covered contractor information systems.
To provide adequate security, the Contractor shall implement, at a minimum, the following information security protections:
(1) For covered contractor information systems that are part of an information technology (IT) service or system operated on behalf of the Government, the following security requirements apply:
W81K02-17-T-0295 Attachment A http://www.archives.gov/cui/registry/category-list.html http://www.archives.gov/cui/registry/category-list.html
(i) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud…
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