A.09.03_W81K02-17-T-0345_Att1_Amd1.pdf
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Department of the Army Medical Command
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W81K02-17-T-0345
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 130 Each Oxygen D Cylinder
FFP
Base Period: 1 October 2017 through 30 September 2018.
See Section Government's Minimum Need for the description of this item and instructions for delivery.
The unit of issue of "Each" is equal to "Cylinder."
The estimated quantity is 100.
The maximum quantity is 130.
FOB: Destination
PURCHASE REQUEST NUMBER: 0011046075
NET AMT
0002 12 Each Oxygen H Cylinder
FFP
Base Period: 1 October 2017 through 30 September 2018.
See Section Government's Minimum Need for the description of this item and instructions for delivery.
The unit of issue of "Each" is equal to "Cylinder."
The estimated quantity is 8.
The maximum quantity is 12.
0003 12 Each Oxygen M Cylinder
FFP
Base Period: 1 October 2017 through 30 September 2018.
See Section Government's Minimum Need for the description of this item and instructions for delivery.
The unit of issue of "Each" is equal to "Cylinder."
The estimated quantity is 8.
The maximum quantity is 12.
0004 1,700 Each Liquid Nitrogen
FFP
Base Period: 1 October 2017 through 30 September 2018.
See Section Government's Minimum Need for the description of this item and instructions for delivery.
The unit of issue of "Each" is equal to "Liters."
The estimated quantity is 1,560.
The maximum quantity is 1,700.
0005 8 Each Valve Replacement
FFP
Base Period: 1 October 2017 through 30 September 2018.
See Section Government's Minimum Need for the description of this item and instructions for delivery.
The estimated quantity is 4.
The maximum quantity is 8.
0006 8 Each Hydrostatic testing
FFP
Base Period: 1 October 2017 through 30 September 2018.
See Section Government's Minimum Need for the description of this item and instructions for delivery.
The estimated quantity is 4.
The maximum quantity is 8.
1001 130 Each OPTION Oxygen D Cylinder
FFP
Option Period 1: 1 October 2018 through 30 September 2019.
See Section Government's Minimum Need for the description of this item and instructions for delivery.
The unit of issue of "Each" is equal to "Cylinder."
The estimated quantity is 100.
The maximum quantity is 130.
1002 12 Each OPTION Oxygen H Cylinder
FFP
Option Period 1: 1 October 2018 through 30 September 2019.
See Section Government's Minimum Need for the description of this item and instructions for delivery.
The unit of issue of "Each" is equal to "Cylinder."
The estimated quantity is 8.
The maximum quantity is 12.
1003 12 Each OPTION Oxygen M Cylinder
FFP
Option Period 1: 1 October 2018 through 30 September 2019.
See Section Government's Minimum Need for the description of this item and instructions for delivery.
The unit of issue of "Each" is equal to "Cylinder."
The estimated quantity is 8.
1004 1,700 Each OPTION Liquid Nitrogen
FFP
Option Period 1: 1 October 2018 through 30 September 2019.
See Section Government's Minimum Need for the description of this item and instructions for delivery.
The unit of issue of "Each" is equal to " Liters."
The estimated quantity is 1,560.
The maximum quantity is 1,700.
1005 8 Each OPTION Valve Replacement
FFP
Option Period 1: 1 October 2018 through 30 September 2019.
See Section Government's Minimum Need for the description of this item and instructions for delivery.
The estimated quantity is 4.
The maximum quantity is 8.
1006 8 Each OPTION Hydrostatic testing
FFP
Option Period 1: 1 October 2018 through 30 September 2019.
See Section Government's Minimum Need for the description of this item and instructions for delivery.
The estimated quantity is 4.
2001 130 Each OPTION Oxygen D Cylinder
FFP
Option Period 2: 1 October 2019 through 30 September 2020.
See Section Government's Minimum Need for the description of this item and instructions for delivery.
The unit of issue of "Each" is equal to "Cylinder."
The estimated quantity is 100.
2002 12 Each OPTION Oxygen H Cylinder
FFP
Option Period 2: 1 October 2019 through 30 September 2020.
See Section Government's Minimum Need for the description of this item and instructions for delivery.
The unit of issue of "Each" is equal to "Cylinder."
The estimated quantity is 8.
2003 12 Each OPTION Oxygen M Cylinder
FFP
Option Period 2: 1 October 2019 through 30 September 2020.
See Section Government's Minimum Need for the description of this item and instructions for delivery.
The unit of issue of "Each" is equal to "Cylinder."
The estimated quantity is 8.
2004 1,700 Each OPTION Liquid Nitrogen
FFP
Option Period 2: 1 October 2019 through 30 September 2020.
See Section Government's Minimum Need for the description of this item and instructions for delivery.
The unit of issue of "Each" is equal to " Liters."
The estimated quantity is 1,560.
2005 8 Each OPTION Valve Replacement
FFP
Option Period 2: 1 October 2019 through 30 September 2020.
See Section Government's Minimum Need for the description of this item and instructions for delivery.
The estimated quantity is 4.
2006 8 Each OPTION Hydrostatic testing
FFP
Option Period 2: 1 October 2019 through 30 September 2020.
See Section Government's Minimum Need for the description of this item and instructions for delivery.
The estimated quantity is 4.
3001 130 Each OPTION Oxygen D Cylinder
FFP
Option Period 3: 1 October 2020 through 30 September 2021.
See Section Government's Minimum Need for the description of this item and instructions for delivery.
The unit of issue of "Each" is equal to "Cylinder."
The estimated quantity is 100.
3002 12 Each OPTION Oxygen H Cylinder
FFP
Option Period 3: 1 October 2020 through 30 September 2021.
See Section Government's Minimum Need for the description of this item and instructions for delivery.
The unit of issue of "Each" is equal to "Cylinder."
The estimated quantity is 8.
3003 12 Each OPTION Oxygen M Cylinder
FFP
Option Period 3: 1 October 2020 through 30 September 2021.
See Section Government's Minimum Need for the description of this item and instructions for delivery.
The unit of issue of "Each" is equal to "Cylinder."
The estimated quantity is 8.
3004 1,700 Each OPTION Liquid Nitrogen
FFP
Option Period 3: 1 October 2020 through 30 September 2021.
See Section Government's Minimum Need for the description of this item and instructions for delivery.
The unit of issue of "Each" is equal to " Liters."
The estimated quantity is 1,560.
3005 8 Each OPTION Valve Replacement
FFP
Option Period 3: 1 October 2020 through 30 September 2021.
See Section Government's Minimum Need for the description of this item and instructions for delivery.
The estimated quantity is 4.
3006 8 Each OPTION Hydrostatic testing
FFP
Option Period 3: 1 October 2020 through 30 September 2021.
See Section Government's Minimum Need for the description of this item and instructions for delivery.
The estimated quantity is 4.
4001 130 Each OPTION Oxygen D Cylinder
FFP
Option Period 4: 1 October 2021 through 30 September 2022.
See Section Government's Minimum Need for the description of this item and instructions for delivery.
The unit of issue of "Each" is equal to "Cylinder."
The estimated quantity is 100.
4002 12 Each OPTION Oxygen H Cylinder
FFP
Option Period 4: 1 October 2021 through 30 September 2022.
See Section Government's Minimum Need for the description of this item and instructions for delivery.
The unit of issue of "Each" is equal to "Cylinder."
The estimated quantity is 8.
4003 12 Each OPTION Oxygen M Cylinder
FFP
Option Period 4: 1 October 2021 through 30 September 2022.
See Section Government's Minimum Need for the description of this item and instructions for delivery.
The unit of issue of "Each" is equal to "Cylinder."
The estimated quantity is 8.
4004 1,700 Each OPTION Liquid Nitrogen
FFP
Option Period 4: 1 October 2021 through 30 September 2022.
See Section Government's Minimum Need for the description of this item and instructions for delivery.
The unit of issue of "Each" is equal to " Liters."
The estimated quantity is 1,560.
4005 8 Each OPTION Valve Replacement
FFP
Option Period 4: 1 October 2021 through 30 September 2022.
See Section Government's Minimum Need for the description of this item and instructions for delivery.
The estimated quantity is 4.
4006 8 Each OPTION Hydrostatic testing
FFP
Option Period 4: 1 October 2021 through 30 September 2022.
See Section Government's Minimum Need for the description of this item and instructions for delivery.
The estimated quantity is 4.
MINIMUM/MAXIMUM ORDERING ESTIMATES
The minimum guaranteed amount under this requirement is $3,500.00, and applies only to the base period of performance, 01 October 2017 through 30 September 2018. The maximum quantity is listed below and applies to the full duration of the contract.
CLIN Item Unit of Issue Estimated Amount Maximum Amount 0001 Oxy D Each1 100 130
0002 Oxy H Each1 8 12 0003 Oxy M Each1 8 12 0004 Liquid Nitrogen Each2 1506 1700 0005 Valve Replace Each 4 8 0006 Hydro Test Each 4 8
1001 Oxy D Each1 100 130 1002 Oxy H Each1 8 12 1003 Oxy M Each1 8 12 1004 Liquid Nitrogen Each2 1506 1700 1005 Valve Replace Each 4 8 1006 Hydro Test Each 4 8
2001 Oxy D Each1 100 130 2002 Oxy H Each1 8 12 2003 Oxy M Each1 8 12 2004 Liquid Nitrogen Each2 1506 1700 2005 Valve Replace Each 4 8 2006 Hydro Test Each 4 8
3001 Oxy D Each1 100 130 3002 Oxy H Each1 8 12 3003 Oxy M Each1 8 12 3004 Liquid Nitrogen Each2 1506 1700 3005 Valve Replace Each 4 8 3006 Hydro Test Each 4 8
4001 Oxy D Each1 100 130 4002 Oxy H Each1 8 12 4003 Oxy M Each1 8 12 4004 Liquid Nitrogen Each2 1506 1700 4005 Valve Replace Each 4 8 4006 Hydro Test Each 4 8
NOTE: 1 The unit of issue of “Each” is equal to “cylinder”
2The unit of issue of “Each” is equal to “Liters”
GOVERNMENT MINIMUM NEED
1.0 SALIENT CHARACTERISTICS
Medical Gases:
1.1 Shall be medical grade gases
1.2 All medical gas manufacturers and fillers of medical gases shall be registered with the FDA as drug manufacturers.
1.3 All gases shall be manufactured, processed, packed, transported, and stored according to the FDA’s Current Good Manufacturing Practices (CGMP) regulations.
1.4 All labeling shall comply with FDA’s labeling regulations (21 CFR Part 201).
1.5 All liquid bulk liquid nitrogen delivered under the contract shall be medical grade and shall meet or exceed the standards cited in the current edition of the United States Pharmacopoeia/National Formulary (U.S.P.)
1.6 Shall provide a valid certificate of analysis with each delivery of gases.
1.7 Oxygen, Nitrogen, Nitrous Oxide, Carbon Dioxide, Compressed Air, and Liquid nitrogen, shall conform to the Pharmacopoeia of the United States unless otherwise stated.
1.8 The carbon Dioxide shall be Medicinal grade and shall conform to Federal Specification BB-C- 101B, dated April 15, 1971.
1.9 Compressed Air shall be Medicinal grade and shall conform to Gas association pamphlet G-7- 1990, Compressed Air for human respiration and G-7.1 Commodity Specification for Air.
2.0 PERFORMANCE WORK STATEMENT
For Medical Gas Cylinder Delivery and Cylinder Service for US Army Health Clinic-Schofield Barracks
2.1 The contractor shall provide the non-personal services Medical Gas Cylinder Delivery and Cylinder Services to US Army Health Clinic-Schofield Barracks which shall contribute to a stable workforce tasked with providing quality healthcare services to a diverse beneficiary population.
2.2 This contract is a non-personal services contract under which the personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the government and its employees.
2.3 Equipment Listing
Cylinders Type Quantity Oxygen D Cylinders Government Owned: 48 Tanks Oxygen H Cylinders Government Owned: 3 Tanks Oxygen M Cylinders Government Owned: 7 Tanks Liquid Nitrogen Government Owned: 2 Tanks
3.0 SERVICES
3.1 Contractor or his designated representative shall provide labor, parts, tools, travel, diagnostic equipment, etc, necessary to provide Medical Gas Cylinder Delivery and Cylinder Services for, US Army Health Clinic- Schofield Barracks, HI.
4.0 SCOPE OF WORK
4.1 The contractor shall provide the non-personal services Medical Gas Cylinder Delivery and Cylinder Services at US Army Health Clinic- Schofield Barracks which shall contribute to a stable workforce tasked with providing quality health care services to a diverse beneficiary population.
4.2 This contract is a non-personal services contract under which the personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the government and its employees.
4.3 Delivery Ticket (The following applies to all delivery locations):
4.3.1 Copies of delivery or sale slips shall contain the following information and accompany all deliveries under the agreement:
4.3.2 Name of supplier and invoicing address
4.3.3 Contract Number
4.3.4 Call or Account Number
4.3.5 Purchase Request Number
4.3.6 Date of Order
4.3.7 Description of Supplies/ Service
4.3.8 Quantity, Unit price and extension
4.3.9 Delivery Point
4.3.10 Signature of person receiving and delivering items
5.0 DELIVERY OF CYLINDERS to US Army Health Clinic- Schofield Barracks:
5.1 Cylinders shall be picked up from and delivered to Bldg 679 loading dock.
5.2 The Delivery shall be no later than 1pm. Hawaiian standard time with verbal notification to the primary delivery contact if running later.
5.3 The Contractor’s paperwork (e.g. shipping order) accompanying each delivery shall give the total amount by type and, list the serial numbers for all Cylinders delivered and Driver delivering.
5.4 Cylinders shall be picked up and delivered once a week (Tuesday of each week). If Tuesday is a Federal holiday, the contractor shall reschedule delivery for the next business day or, with prior notice, the previous notice, the previous business day. The Contractor shall also give prior notice and reschedule for any non-Federal holiday they might observe.
5.4.1 Liquid Nitrogen Refills at USAHC-SB Logistics Bldg 679 loading dock. Refills are to be made on every other Tuesday. The holiday guidelines apply as well. Tank shall be filled:
5.4.2 Logistics Bldg 679: Tank is refilled every other Tuesday or as requested if required.
5.4.3 Liquid Nitrogen Refills USAHC-SB Aviation Medicine Clinic on Wheeler Army Airfield:
5.4.4 Refills of Liquid Nitrogen Aviation Medicine Clinic, Bldg W680/W681:
Tank is refilled every other Tuesday of every month or as requested if required.
Emergency Delivery (The following applies to all delivery locations.):
5.5 The Contractor shall be available 24 hours a day, seven days a week, including all holidays, to meet emergency requirements. The Contractor shall provide an On-Call number, calls to which shall be acknowledged within one hour and shall make delivery within 8 hours from the initial emergency call. The personnel listed in paragraph 9 are authorized to call in an emergency delivery.
5.6 The following personnel are authorized to sign for receipt of deliver or request emergency deliveries as per paragraph 5:
5.6.1 Logistics Personnel assigned to bldg. 679, Phone# 808-433-8488
6.0 Hydrostatic Testing:
6.1 Retest date. Cylinders shall be retested if required by applicable Department of Transportation (DOT) regulations. Contractor shall be required be required to retest any government – owned cylinder when requested by ordering activity, regardless of scheduled retest date.
6.2 Compressed gas shall not be refilled if hydrostatic test date has expired.
6.3 The Contractor shall be responsible to conduct all hydrostatic testing.
6.4 The Contractor shall notify the ordering Activity for approval before Hydrostatic testing is done.
7.0 Cylinder Valves:
7.1 Replacement valves shall be in accordance with America National Standard B57.1-1965, Compressed Gas Cylinder Valve Outlet and Intel Connections.
7.2 Valve hood protection caps for cylinders designed to receive such caps shall be securely attached to the cylinders in a manner to protect the valve from injury during transit and delivery. (Refer to 49 CFR 173-301(g))
7.3 Combating Trafficking in persons (awareness program) as per FAR 52.222-50 and FAR 22.1703
8.0 SECURITY:
8.1 Security Identification Badges: The Contractor and contract personnel shall comply with the local installation and access requirements while on site.
8.2 While on site, each contract personnel shall wear visible security badge identification, provided by the military installation on the front of his/her outer clothing. The badge must show the full name, title.
8.3 The Contractor is responsible for absences of contract personnel due to expired identification and access documents. Such absences shall not relieve the Contractor of its obligation to perform the services required under this contract.
8.4 The contract personnel shall immediately report any lost or stolen badges to the COR.
8.5 The contract personnel shall turn in all identification badges to the COR, or his/her designated representative upon termination of their services under this contract.
8.6 Vehicle Registration: Schofield Barracks is located on a restricted access military installation. The Contractor/contract personnel shall comply with the local installation requirements for vehicle registration and operation on the military installation. All contract personnel must register their vehicles with the office responsible for vehicle registration to gain access onto the military installation. A valid driver’s license, Government-furnished civilian identification, proof of insurance and current registration must be presented to the Provost Marshal’s Office, at which time a DoD decal will be issued. The decal shall be placed on the vehicle’s front windshield in accordance with instructions.
8.7 Contract personnel shall follow installation procedures for removal and turn-in of the vehicle decal upon termination of services under this contract.
8.8 Safeguarding Material: The contract personnel shall be responsible for safeguarding all Government property.
The Contractor shall safeguard information of a confidential or sensitive nature.
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 1005 Destination Government Destination Government 1006 Destination Government Destination Government 2001 Destination Government Destination Government
2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 2005 Destination Government Destination Government 2006 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 3005 Destination Government Destination Government 3006 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government 4004 Destination Government Destination Government 4005 Destination Government Destination Government 4006 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC
0001 POP 02-OCT-2017 TO
30-SEP-2018
N/A US ARMY HEALTH CLINIC- SCHOFIELD
BKS
SEE CLINS
BLDG 679
SCHOFIELD BARRACKS HI 96857
WX3JN8
0002 POP 02-OCT-2017 TO
30-SEP-2018
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 02-OCT-2017 TO
N/A (SAME AS PREVIOUS LOCATION)
0004 POP 02-OCT-2017 TO
N/A (SAME AS PREVIOUS LOCATION)
0005 POP 02-OCT-2017 TO
N/A (SAME AS PREVIOUS LOCATION)
0006 POP 02-OCT-2017 TO
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)
1004 POP 01-OCT-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
1005 POP 01-OCT-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
1006 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)
2004 POP 01-OCT-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
2005 POP 01-OCT-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
2006 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)
3003 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
3004 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
3005 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
3006 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)
4004 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
4005 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
4006 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 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 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)
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
52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 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 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-50 Combating Trafficking in Persons MAR 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
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
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 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2016 252.225-7036 Buy American--Free Trade Agreement--Balance of Payments
Program--Basic (DEC 2016)
DEC 2016
252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.232-7010 Levies on Contract Payments DEC 2006
CLAUSES INCORPORATED BY FULL TEXT
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)
(a) Definitions. As used in this clause--
Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Subsidiary means an entity in which more than 50 percent of the entity is owned--
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.
(c) Exceptions to this prohibition are located at 9.108-2.
(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.
(End of clause)
52.216-19 ORDER LIMITATIONS. (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor:
(1) Any order for a single item in excess of $100,000.00;
(2) Any order for a combination of items in excess of $100,000.00; 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 1 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 before the contract expires; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)
(a) Definitions. As used in this clause--
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts--
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.
(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code - assigned to contract number .
(Contractor to sign and date and insert authorized signer's name and title).
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil/vffara.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.
Covered contractor information system means an unclassified information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.
Covered defense information means unclassified controlled technical information or other information, as described in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category-list.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is--
(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or
(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract.
Cyber incident means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.
Forensic analysis means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.
Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.
Malicious software means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.
Media means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system.
Operationally critical support means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.
Rapidly report means within 72 hours of discovery of any cyber incident.
Technical information means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data--Noncommercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.
(b) Adequate security. The Contractor shall provide adequate security on all covered contractor information systems.
To provide adequate security, the Contractor shall implement, at a minimum, the following information security protections:
(1) For covered contractor information systems that are part of an information technology (IT) service or system operated on behalf of the Government, the following security requirements apply:
(i) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract.
(ii) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract.
(2) For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply:
(i) Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be subject to the security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, ``Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations'' (available via the internet at http://dx.doi.org/10.6028/NIST.SP.800-171) in effect at the time the solicitation is issued or as authorized by the Contracting Officer.
(ii)(A) The Contractor shall implement NIST SP 800-171, as soon aspractical, but not later than December 31, 2017.
For all contracts awarded prior to October 1, 2017, the Contractor shall notify the DoD Chief Information Officer (CIO), via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award.
(B) The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, for consideration by the DoD CIO. The Contractor need not implement any security requirement adjudicated by an authorized representative of the DoD CIO to be nonapplicable or to have an alternative, but equally effective, security measure that may be implemented in its place.
(C) If the DoD CIO has previously adjudicated the contractor's requests indicating that a requirement is not applicable or that an alternative security measure is equally effective, a copy of that approval shall be provided to the Contracting Officer when requesting its recognition under this contract.
(D) If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered defense information in performance of this contract, the Contractor shall require and ensure that the cloud service provider meets security requirements equivalent to those established by the Government for the Federal Risk and Authorization Management Program (FedRAMP) Moderate baseline (https://www.fedramp.gov/resources/documents/) and that the cloud service provider complies with requirements in paragraphs (c) through (g) of this clause for cyber incident reporting, malicious software, media preservation and protection, access to additional information and equipment necessary for forensic analysis, and cyber incident damage assessment.
(3) Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraphs (b)(1) and (2) of this clause, may be required to provide adequate security in a dynamic environment or to accommodate special circumstances (e.g., medical devices) and any individual, isolated, or temporary deficiencies based on an assessed risk or vulnerability. These measures may be addressed in a system security plan.
(c) Cyber incident reporting requirement.
(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor's ability to perform the requirements of the contract that are designated as operationally critical support and identified in the contract, the Contractor shall--
(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor's network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor's ability to provide operationally critical support; and
(ii) Rapidly report cyber incidents to DoD at http://dibnet.dod.mil.
(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at http://dibnet.dod.mil.
(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see http://iase.disa.mil/pki/eca/Pages/index.aspx.
(d) Malicious software. When the Contractor or subcontractors discover and isolate malicious software in connection with a reported cyber incident, submit the malicious software to DoD Cyber Crime Center (DC3) in accordance with instructions provided by DC3 or the Contracting Officer. Do not send the malicious software to the Contracting Officer.
(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest.
(f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a forensic analysis.
(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause.
(h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released.
(i) Use and release of contractor attributional/proprietary information not created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released outside of DoD--
(1) To entities with missions that may be affected by such information;
(2) To entities that may be called upon to assist in the diagnosis, detection, or…
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