W81K0222Q0008_Att1.pdf

W81K0222Q0008_Att1

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 2 Job Base Period 2/1/2022 to 9/30/2022

FFP

Panther System reagents and consumables to perform SARS-CoV-2 test only but will plan to test other tests as well such as CT/GC, HPV, HSV, etc.

The estimated/maximum quantities are based on the following estimated/maximum number of tests:

Annual Estimate: SARS-CoV-2: 40,000, CT/GC: 3,600, HPV: 1,200, HSV: 100 Annual Maximum: SARS-CoV-2: 50,000, CT/GC: 5,000, HPV: 2,000, HSV: 500 FOB: Destination

PURCHASE REQUEST NUMBER: 0011656850

VENDOR PART NR: 00

PSC CD: 6550

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

1001 2 Job OPTION Option Period 1: 10/1/2022 to 9/30/2023

FFP

Panther System reagents and consumables to perform SARS-CoV-2 test only but will plan to test other tests as well such as CT/GC, HPV, HSV, etc.

The estimated/maximum quantities are based on the following estimated/maximum number of tests:

Annual Estimate: SARS-CoV-2: 40,000, CT/GC: 3,600, HPV: 1,200, HSV: 100 Annual Maximum: SARS-CoV-2: 50,000, CT/GC: 5,000, HPV: 2,000, HSV: 500 FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

2001 2 Job OPTION Option Period 2: 10/1/2023 to 9/30/2024

FFP

Panther System reagents and consumables to perform SARS-CoV-2 test only but will plan to test other tests as well such as CT/GC, HPV, HSV, etc.

The estimated/maximum quantities are based on the following estimated/maximum number of tests:

Annual Estimate: SARS-CoV-2: 40,000, CT/GC: 3,600, HPV: 1,200, HSV: 100 Annual Maximum: SARS-CoV-2: 50,000, CT/GC: 5,000, HPV: 2,000, HSV: 500 FOB: Destination

M IN/MAX ORDERING AMOUNTS

MINIMUM/MAXIMUM ORDERING ESTIMATES

The minimum guaranteed amount is $5,000.00 and applies only to the base period of performance, 01 February 2022 – 30 September 2022. The maximum quantities are provided below and applies to the full duration of the contract. The estimated and maximum quantities are included below. The quoter’s price will be evaluated based on the estimated quantities listed below. The total contract award value will be the price of each reagents multiplied by the maximum quantities listed below.

Base Period (1 Feb 22 - 30 Sep 22)

Manufacture Part Number

Item Description Qty Unit of Measure

Notes Estimated Quantity

Maximum Quantity

PRD-06419

Aptima SARS-CoV-2 Assay Reagent (250 Test)

1 Kit 250-Test Kit 117 170

PRD-06420

Aptima SARS-CoV-2 Assay Controls (5 Positives/5 Negatives) (2.5 set of reagents)

1 Box 5 Positives/5

Negatives 45 65

302923

Aptima COMBO2 PANTHER (Calibrators & Controls Included)

CT/GC

1 Box 100-Test Kit 27 40

303570 Aptima HPV ASSAY (Calibrators & Control Included)

1 Kit 100-Test Kit 9 15

PRD-03919

Aptima Mycoplasma Genitalium Assay, 100 Test

1 Kit 100-Test Kit 27 40

PRD-05186

Aptima BV Assay, 100 Test

1 Kit 100-Test Kit 9 10

PRD-05189

Aptima CV/TV Assay, 100 Test

1 Kit 100-Test Kit 9 10

PRD-03568

Aptima HSV 1&2 ASSAY Kit (Calibrators & Control Included)

1 Kit 100-Test Kit 1 2

301040 Aptima Urine Collection Kit

1 Kit 50/Kit 72 126

301041 Aptima Swab Collection Kit (Unisex)

1 Kit 50/Kit 72 126

PRD-03546

Aptima Multi-Test Swab Specimen Collection Kit

1 Kit 50/Kit 72 126

105575 Aptima Urine Specimen Transport Tubes

1 Box 100/Kit 33 63

301154C Aptima Specimen Transfer Kit (Unisex)

1 Box 100/Kit 4 15

PRD-06952

Direct Load Capture Cap Collection Kit

1 Box 100/Kit 117 200

PRD-06660

Hologic (Solid Cap) Specimen Lysis Tubes

1 Box 1200/Bag 1 20

MME-04128

1000-UL Disposable Tips with Filter (Conductive)

1 Box 9,600/Box 18 25

503762 Specimen Aliquot Tubes

(SAT)

1 Box 100/Pack 2 50

504415 Transport Tube Cap 1 Box 100/Pack 1 2

105668 Replacement Non- Penetrable Caps

1 Box 100/Bag 1 2

PRD-03503

Aptima Specimen Diluent

1 Box 1/Box 1 5

PRD-03654

Aptima Specimen Diluent Kit

1 Box 1/Box 1 5

Consumable Items 1 Job

301110 Aptima COMBO2 Controls Kit

1 Kit 5 Positives/5

Negatives 8 10

303010 Aptima HPV Calibrators Kit

1 Kit 5/Kit 3 4

PRD-03393

Aptima Mycoplasma Genitalium Calibrators Kit

1 Box 5 Calibrators

Per Kit 3 5

PRD-04940

Aptima Mycoplasma Genitalium Controls Kit

1 Box 5 Positives/5

Negatives 12 15

PRD-05187 Aprima BV Controls Kit 1 Box 5 Positives/5

Negatives 5 12

PRD-05188

Aptima BV Calibrators Kit

1 Box 5 Calibrators

Per Kit 3 5

PRD-05190

Aprima CV/TV Controls Kit

1 Box 5 Positives/5

Negatives 5 12

PRD-05191

Aptima CV/TV Calibrators Kit

1 Box 5 Calibrators

Per Kit 3 5

PRD-03569

Aptima HSV 1 + 2 Controls

1 Box 5 Positives/5

Negatives 1 3

303013 Aptima Auto Detect Kit 1 Box 1/Box 50 75

303014 Universal Assay Fluids Kit

1 Box 1/Box 50 75

104772-02 Multi-Tube Unit (MTU) 1 Box 100/Pack 130 200

303085 Advanced Cleaning Solution

1 Box 10 Uses 20 50

902731 Waste Bag 1 Box 1/Box 8 20

504405 Panther Waste Bin Cover 1 Box 1/Box 8 20

CL0040

Spare Caps, TCR & Select, Aptima 250 kit, 100 per Bag

1 Box 100/Bag 1 2

CL0041

Spare Caps, Recon AMP & Probe, Aptima 250 kit, 100 per Bag

1 Box 100/Bag 1 2

501604 Spare Caps, TCR, Aptima 2x50 kit, 100 per Bag

1 Box 100/Bag 1 2

501616 Spare Caps, Recon Enzyme, Aptima 250 kit, 100 per Bag

1 Box 100/Bag 1 2

Option Year I (1 Oct 22 - 30 Sep 23)

Part Number

Item Description Qty Selling Unit of

Measure Notes

Estimated Quantity

Maximum Quantity

PRD-06419

Aptima SARS-CoV-2 Assay Reagent (250 Test)

1 Kit 250-Test Kit 160 200

PRD-06420

Aptima SARS-CoV-2 Assay Controls (5 Positives/5 Negatives) (2.5 set of reagents)

1 Box 5 Positives/5

64 65

PANTHER (Calibrators & Controls Included)

CT/GC

1 Box 100-Test Kit 36 50

303570 Aptima HPV ASSAY (Calibrators & Control Included)

1 Kit 100-Test Kit 12 20

PRD-03919

Aptima Mycoplasma Genitalium Assay, 100 Test

1 Kit 100-Test Kit 36 50

PRD-05186

Aptima BV Assay, 100 Test

1 Kit 100-Test Kit 9 15

PRD-05189

Aptima CV/TV Assay, 100 Test

1 Kit 100-Test Kit 9 15

PRD-03568

Aptima HSV 1&2 ASSAY Kit (Calibrators & Control Included)

1 Kit 100-Test Kit 1 5

301040 Aptima Urine Collection Kit

1 Kit 50/Kit 100 126

301041 Aptima Swab Collection Kit (Unisex)

1 Kit 50/Kit 100 126

PRD-03546

Aptima Multi-Test Swab Specimen Collection Kit

1 Kit 50/Kit 100 126

105575 Aptima Urine Specimen Transport Tubes

1 Box 100/Kit 50 63

301154C Aptima Specimen Transfer Kit (Unisex)

1 Box 100/Kit 6 15

PRD-06952

Direct Load Capture Cap Collection Kit

1 Box 100/Kit 150 250

PRD-06660

Solid Cap Specimen Lysis Tubes

1 Box 1200/Bag 1 20

MME-04128

1000-UL Disposable Tips with Filter (Conductive)

1 Box 9,600/Box 21 25

503762 Specimen Aliquot Tubes

(SAT)

1 Box 100/Pack 5 50

504415 Transport Tube Cap 1 Box 100/Pack 1 2

105668 Replacement Non- Penetrable Caps

1 Box 100/Bag 1 2

PRD-03503

Aptima Specimen Diluent

1 Box 1/Box 1 5

PRD-03654

Aptima Specimen Diluent Kit

1 Box 1/Box 1 5

Consumable Items 1 Job

301110 Aptima COMBO2 Controls Kit

1 Kit 5 Positives/5

Negatives 8 10

303010 Aptima HPV Calibrators

Genitalium Calibrators Kit

1 Box 5 Calibrators

Per Kit 3 5

PRD-04940

Aptima Mycoplasma Genitalium Controls Kit

1 Box 5 Positives/5

Negatives 12 15

PRD-05187 Aprima BV Controls Kit 1 Box 5 Positives/5

Negatives 5 12

PRD-05188

Aptima BV Calibrators Kit

1 Box 5 Calibrators

Per Kit 3 5

PRD-05190

Aprima CV/TV Controls Kit

1 Box 5 Positives/5

Negatives 5 12

PRD-05191

Aptima CV/TV Calibrators Kit

1 Box 5 Calibrators

Per Kit 3 5

PRD-03569

Aptima HSV 1 + 2 Controls

1 Box 5 Positives/5

Negatives 1 3

303013 Aptima Auto Detect Kit 1 Box 1/Box 40 90

303014 Universal Assay Fluids Kit

1 Box 1/Box 40 90

104772-02 Multi-Tube Unit (MTU) 1 Box 100/Pack 130 200

303085 Advanced Cleaning Solution

1 Box 10 Uses 20 50

902731 Waste Bag 1 Box 1/Box 8 20

504405 Panther Waste Bin Cover 1 Box 1/Box 8 20

CL0040

Spare Caps, TCR & Select, Aptima 250 kit, 100 per Bag

1 Box 100/Bag 1 2

CL0041

Spare Caps, Recon AMP & Probe, Aptima 250 kit, 100 per Bag

1 Box 100/Bag 1 2

501604 Spare Caps, TCR, Aptima 2x50 kit, 100 per Bag

1 Box 100/Bag 1 2

501616 Spare Caps, Recon Enzyme, Aptima 250 kit, Option Year II (1 Oct 23 - 30 Sep 24)

Part Number

Item Description Qty Selling Unit of

Measure Notes

Estimated Quantity

Maximum Quantity

PRD-06419

Aptima SARS-CoV-2 Assay Reagent (250 Test)

1 Kit 250-Test Kit 160 200

PRD-06420

Aptima SARS-CoV-2 Assay Controls (5 Positives/5 Negatives) (2.5 set of reagents)

1 Box 5 Positives/5

64 65

PANTHER (Calibrators & Controls Included)

CT/GC

1 Box 100-Test Kit 36 50

303570 Aptima HPV ASSAY (Calibrators & Control Included)

1 Kit 100-Test Kit 12 20

PRD-03919

Aptima Mycoplasma Genitalium Assay, 100 Test

1 Kit 100-Test Kit 36 50

PRD-05186

Aptima BV Assay, 100 Test

1 Kit 100-Test Kit 9 15

PRD-05189

Aptima CV/TV Assay, 100 Test

1 Kit 100-Test Kit 9 15

PRD-03568

Aptima HSV 1&2 ASSAY Kit (Calibrators & Control Included)

1 Kit 100-Test Kit 1 5

301040 Aptima Urine Collection Kit

1 Kit 50/Kit 100 126

301041 Aptima Swab Collection Kit (Unisex)

1 Kit 50/Kit 100 126

PRD-03546

Aptima Multi-Test Swab Specimen Collection Kit

1 Kit 50/Kit 100 126

105575 Aptima Urine Specimen Transport Tubes

1 Box 100/Kit 50 63

301154C Aptima Specimen Transfer Kit (Unisex)

1 Box 100/Kit 6 15

PRD-06952

Direct Load Capture Cap Collection Kit

1 Box 100/Kit 150 250

PRD-06660

Solid Cap Specimen Lysis Tubes

1 Box 1200/Bag 1 20

MME-04128

1000-UL Disposable Tips with Filter (Conductive)

1 Box 9,600/Box 21 25

503762 Specimen Aliquot Tubes

(SAT)

1 Box 100/Pack 5 50

504415 Transport Tube Cap 1 Box 100/Pack 1 2

105668 Replacement Non- Penetrable Caps

1 Box 100/Bag 1 2

PRD-03503

Aptima Specimen Diluent

1 Box 1/Box 1 5

PRD-03654

Aptima Specimen Diluent Kit

1 Box 1/Box 1 5

Consumable Items 1 Job

301110 Aptima COMBO2 Controls Kit

1 Kit 5 Positives/5

Negatives 8 10

303010 Aptima HPV Calibrators

Genitalium Calibrators Kit

1 Box 5 Calibrators

Per Kit 3 5

PRD-04940

Aptima Mycoplasma Genitalium Controls Kit

1 Box 5 Positives/5

Negatives 12 15

PRD-05187 Aprima BV Controls Kit 1 Box 5 Positives/5

Negatives 5 12

PRD-05188

Aptima BV Calibrators Kit

1 Box 5 Calibrators

Per Kit 3 5

PRD-05190

Aprima CV/TV Controls Kit

1 Box 5 Positives/5

Negatives 5 12

PRD-05191

Aptima CV/TV Calibrators Kit

1 Box 5 Calibrators

Per Kit 3 5

PRD-03569

Aptima HSV 1 + 2 Controls

1 Box 5 Positives/5

Negatives 1 3

303013 Aptima Auto Detect Kit 1 Box 1/Box 40 90

303014 Universal Assay Fluids Kit

1 Box 1/Box 40 90

104772-02 Multi-Tube Unit (MTU) 1 Box 100/Pack 130 200

303085 Advanced Cleaning Solution

1 Box 10 Uses 20 50

902731 Waste Bag 1 Box 1/Box 8 20

504405 Panther Waste Bin Cover 1 Box 1/Box 8 20

CL0040

Spare Caps, TCR & Select, Aptima 250 kit, 100 per Bag

1 Box 100/Bag 1 2

CL0041

Spare Caps, Recon AMP & Probe, Aptima 250 kit, 100 per Bag

1 Box 100/Bag 1 2

501604 Spare Caps, TCR, Aptima 2x50 kit, 100 per Bag

1 Box 100/Bag 1 2

501616 Spare Caps, Recon Enzyme, Aptima 250 kit, Panther System to perform SARS-CoV-2 test only but will plan to test other tests as well such as CT/GC, HPV, HSV, etc.

The estimated/maximum quantities are based on the following estimated/maximum number of tests:

Annual Estimate: SARS-CoV-2: 40,000, CT/GC: 3,600, HPV: 1,200, HSV: 100

Annual Maximum: SARS-CoV-2: 50,000, CT/GC: 5,000, HPV: 2,000, HSV: 500 The estimated/maximum Quantity for consumable items is based on the volume needed to run the tests plus extra the government might need additionally.

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 1001 Destination Government Destination Government 2001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-FEB-2022 TO

30-SEP-2022

N/A W6R0 USA MED DEPT ACT KOREA

SEE LINE ITEM

348TH QM CO SRA

BLDG 1603 CAMP HUMPHREYS

PYEONGTAEK 17982

011-82-503-323-1110 FOB: Destination

W80MAX

1001 POP 01-OCT-2022 TO

30-SEP-2023

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-OCT-2023 TO

30-SEP-2024

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

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

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 19-019 Implementation.

The contractor shall comply with OTSG/MEDCOM Policy Memo 19-019, Sexual Harassment/Assault Response and Prevention (SHARP) Program, 21 Mar 2019. 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 19-019, Policy for Reporting Incidents of Sexual Harassment/Assault Response and Prevention (SHARP) Program, 21 Mar 2019.

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)

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(JUN 2020) -- Alternate I

OCT 1995

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2020

52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2020 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-29 Notification Of Visa Denial APR 2015

CLAUSES INCORPORATED BY FULL TEXT

52.222-50 COMBATING TRAFFICKING IN PERSONS (OCT 2020) ALTERNATE I (MAR 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.

“Coercion” means—

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

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

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

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

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

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

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

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

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

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

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

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

“Forced labor” means knowingly providing or obtaining the labor or services of a person—

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

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

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

“Involuntary servitude” includes a condition of servitude induced by means of—

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

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

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

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

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

(ii) Advertising;

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

(iv) Processing applications and petitions;

(v) Acquiring visas, including any associated fees;

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

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

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

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

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

(xi) Transportation and subsistence costs--

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

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

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

(xiii) Equipment charges.

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

(i) Paid in property or money;

(ii) Deducted from wages;

(iii) Paid back in wage or benefit concessions;

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

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

(A) Agents;

(B) Labor brokers;

(C) Recruiters;

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

(E) Subsidiaries/affiliates of the employer;

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

(G) Subcontractors at all tiers.

“Severe forms of trafficking in persons” means—

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

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

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

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

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

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

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

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

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

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

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

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

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

(6) Charge employees and potential employees recruitment fees;

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

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

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

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

(B) Exempted by an authorized official of the contracting agency from the requirement to provide return transportation or pay for the cost of return transportation;

(iii) The requirements of paragraph (b)(7)(i) of this clause are modified for a victim of trafficking in persons who is seeking victim services or legal redress in the country of employment, or for a witness in an enforcement action related to trafficking in persons. The contractor shall provide the return transportation or pay the cost of return transportation in a way that does not obstruct the victim services, legal redress, or witness activity. For example, the contractor shall not only offer return transportation to a witness at a time when the witness is still needed to testify.

This paragraph does not apply when the exemptions at paragraph (b)(7)(ii) of this clause apply.

(8) Provide or arrange housing that fails to meet the host country housing and safety standards; or

(9) If required by law or contract, fail to provide an employment contract, recruitment agreement, or other required work document in writing. Such written work document shall be in a language the employee understands. If the employee must relocate to perform the work, the work document shall be provided to the employee at least five days prior to the employee relocating. The employee's work document shall include, but is not limited to, details about work description, wages, prohibition on charging recruitment fees, work location(s), living accommodations and associated costs, time off, roundtrip transportation arrangements, grievance process, and the content of applicable laws and regulations that prohibit trafficking in persons.

(c) Contractor requirements. The Contractor shall—

(1) Notify its employees of—

(i) (A) The United States Government's policy prohibiting trafficking in persons described in paragraph (b) of this clause; and

(B) The following directive(s) or notice(s) applicable to employees performing work at the contract place(s) of performance as indicated below:

Document Title Document may be obtained from:

Applies to performance in/at:

[ ___ Contracting Officer shall insert title of directive/notice; indicate the document is attached or provide source (such as website link) for obtaining document; and, indicate the contract performance location outside the United States to which the document applies.]

(ii) The actions that will be taken against employees or agents for violations of this policy. Such actions for employees may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment; and

(2) Take appropriate action, up to and including termination, against employees, agents, or subcontractors that violate the policy in paragraph (b) of this clause.

(d) Notification. (1) The Contractor shall inform the Contracting Officer and the agency Inspector General immediately of—

(i) Any credible information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, subcontractor employee, or their agent has engaged in conduct that violates the policy in paragraph (b) of this clause (see also 18 U.S.C. 1351, Fraud in Foreign Labor Contracting, and 52.203- 13(b)(3)(i)(A), if that clause is included in the solicitation or contract, which requires disclosure to the agency Office of the Inspector General when the Contractor has credible evidence of fraud); and

(ii) Any actions taken against a Contractor employee, subcontractor, subcontractor employee, or their agent pursuant to this clause.

(2) If the allegation may be associated with more than one contract, the Contractor shall inform the contracting officer for the contract with the highest dollar value.

(e) Remedies. In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (c), (d), (g), (h), or (i) of this clause may result in—

(1) Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract;

(2) Requiring the Contractor to terminate a subcontract;

(3) Suspension of contract payments until the Contractor has taken appropriate remedial action;

(4) Loss of award fee, consistent with the award fee plan, for the performance period in which the Government determined Contractor non-compliance;

(5) Declining to exercise available options under the contract;

(6) Termination of the contract for default or cause, in accordance with the termination clause of this contract; or

(7) Suspension or debarment.

(f) Mitigating and aggravating factors. When determining remedies, the Contracting Officer may consider the following:

(1) Mitigating factors. The Contractor had a Trafficking in Persons compliance plan or an awareness program at the time of the violation, was in compliance with the plan, and has taken appropriate remedial actions for the violation, that may include reparation to victims for such violations.

(2) Aggravating factors. The Contractor failed to abate an alleged violation or enforce the requirements of a compliance plan, when directed by the Contracting Officer to do so.

(g) Full cooperation.

(1) The Contractor shall, at a minimum—

(i) Disclose to the agency Inspector General information sufficient to identify the nature and extent of an offense and the individuals responsible for the conduct;

(ii) Provide timely and complete responses to Government auditors' and investigators' requests for documents;

(iii) Cooperate fully in providing reasonable access to its facilities and staff (both inside and outside the U.S.) to allow contracting agencies and other responsible Federal agencies to conduct audits, investigations, or other actions to ascertain compliance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. chapter 78), E.O. 13627, or any other applicable law or regulation establishing restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor; and

(iv) Protect all employees suspected of being victims of or witnesses to prohibited activities, prior to returning to the country from which the employee was recruited, and shall not prevent or hinder the ability of these employees from cooperating fully with Government authorities.

(2) The requirement for full cooperation does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not—

(i) Require the Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine;

(ii) Require any officer, director, owner, employee, or agent of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; or

(iii) Restrict the Contractor from—

(A) Conducting an internal investigation; or

(B) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

(h) Compliance plan.

(1) This paragraph (h) applies to any portion of the contract that—

(i) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be performed outside the United States; and

(ii) Has an estimated value that exceeds $550,000.

(2) The Contractor shall maintain a compliance plan during the performance of the contract that is appropriate—

(i) To the size and complexity of the contract; and

(ii) To the nature and scope of the activities to be performed for the Government, including the number of non- United States citizens expected to be employed and the risk that the contract or subcontract will involve services or supplies susceptible to trafficking in persons.

(3) Minimum requirements. The compliance plan must include, at a minimum, the following:

(i) An awareness program to inform contractor employees about the Government's policy prohibiting trafficking-related activities described in paragraph (b) of this clause, the activities prohibited, and the actions that will be taken against the employee for violations. Additional information about Trafficking in Persons and examples of awareness programs can be found at the Web site for the Department of State's Office to Monitor and Combat Trafficking in Persons at http://www.state.gov/j/tip/.

(ii) A process for employees to report, without fear of retaliation, activity inconsistent with the policy prohibiting trafficking in persons, including a means to make available to all employees and potential employees the hotline phone number of the Global Human Trafficking Hotline at 1-844-888-FREE and its email address at help@befree.org.

(iii) A recruitment and wage plan that only permits the use of recruitment companies with trained employees, prohibits charging recruitment fees to the employee or potential employee, and ensures that wages meet applicable host-country legal requirements or explains any variance.

(iv) A housing plan, if the Contractor or subcontractor intends to provide or arrange housing, that ensures that the housing meets host-country housing and safety standards.

(v) Procedures to prevent agents and subcontractors at any tier and at any dollar value from engaging in trafficking in persons (including activities in paragraph (b) of this clause) and to monitor, detect, and terminate any agents, subcontracts, or subcontractor employees that have engaged in such activities.

(4) Posting.

(i) The Contractor shall post the relevant contents of the compliance plan, no later than the initiation of contract performance, at the workplace (unless the work is to be performed in the field or not in a fixed location) and on the Contractor's Web site (if one is maintained). If posting at the workplace or on the Web site is impracticable, the Contractor shall provide the relevant contents of the compliance plan to each worker in writing.

(ii) The Contractor shall provide the compliance plan to the Contracting Officer upon request.

(5) Certification. Annually after receiving an award, the Contractor shall submit a certification to the Contracting Officer that—

(i) It has implemented a compliance plan to prevent any prohibited activities identified at paragraph (b) of this clause and to monitor, detect, and terminate any agent, subcontract or subcontractor employee engaging in prohibited activities; and

(ii) After having conducted due diligence, either—

(A) To the best of the Contractor's knowledge and belief, neither it nor any of its agents, subcontractors, or their agents is engaged in any such activities; or

(B) If abuses relating to any of the prohibited activities identified in paragraph (b) of this clause have been found, the Contractor or subcontractor has taken the appropriate remedial and referral actions.

(i) Subcontracts.

(1) The Contractor shall include the substance of this clause, including this paragraph (i), in all subcontracts and in all contracts with agents. The requirements in paragraph (h) of this clause apply only to any portion of the subcontract that—

(i) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be performed outside the United States; and

(ii) Has an estimated value that exceeds $550,000.

(2) If any subcontractor is required by this clause to submit a certification, the Contractor shall require submission prior to the award of the subcontract and annually thereafter. The certification shall cover the items in paragraph (h)(5) of this clause.

(End of clause)

52.223-3 Hazardous Material Identification And Material Safety Data FEB 2021 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-10 Waste Reduction Program MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States

MAY 2020

52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.229-12 Tax on Certain Foreign Procurements FEB 2021 52.232-18 Availability Of Funds APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-37 Multiple Payment Arrangements MAY 1999 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991 52.242-13 Bankruptcy JUL 1995 52.244-2 Subcontracts JUN 2020 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-16 Responsibility For Supplies APR 1984 52.247-34 F.O.B. Destination NOV 1991 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 252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

JAN 2021

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

MAY 2019

252.216-7003 Economic Price Adjustment - Wage Rates or Material Prices Controlled by a Foreign Government

MAR 2012

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7048 Export-Controlled Items JUN 2013

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

CLAUSES INCORPORATED BY FULL TEXT

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (JUN 2020)

(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.

(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.

(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 exceed the threshold specified in FAR 3.1004(a) on the date of subcontract award 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.

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.

52.216-18 ORDERING. (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 02/01/2022 through 09/30/2024.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract…