Combo Solit 22Q0108_Amendment 0002_final.pdf

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Clinical Chemistry Reagents

FFP

The annual cost shall be based on a Cost-Per-Reportable –Results (CPRR) which includes all instruments that meet the minimum requirements with installation and training, calibrations, controls, reagents based on the quantities for Clinical Chemistry tests in Attachment 1.

The Government shall provide monthly reports of patient results and shall only be invoiced for the exact amount of results provided by the contractor. However, under no circumstances shall the monthly amount paid to the contractor be less than 75% of one-twelfth of the CLIN amount.

If the total monthly cost exceeds one-twelfth of the CLIN amount, the monthly report shall show the Annual Reportable Volumes that were exceeded. Additional Government funding shall be provided to the contractor via modification prior to submittal of invoice if the CLIN amount is exceeded in its entirety. However, under no circumstances shall the monthly paid exceed 110% of one-twelfth of the CLIN amount.

Deliveries will be coordinated with the Department of Pathology, Tripler Army Medical Center, POC: CPT Ashley B. Lopez (808) 433-5007

Shipping Address:

Tripler Army Medical Center 1 Jarrett White Road ATTN: Chemistry, RM 2G013 Honolulu, HI 96859

BASE PERIOD: 01 OCTOBER 2022 - 30 SEPTEMBER 2023

FOB: Destination

PURCHASE REQUEST NUMBER: 0011707166

PSC CD: 6550

NET AMT

W81K0222Q0108 Amendment 0002

0002 1 Job Immunoassays Reagents

FFP

The annual cost shall be based on a Cost-Per-Reportable –Results (CPRR) which includes all instruments that meet the minimum requirements with installation and training, calibrations, controls, reagents based on the quantities for Immunoassay Reagents tests in Attachment 1.

The Government shall provide monthly reports of patient results and shall only be invoiced for the exact amount of results provided by the contractor. However, under no circumstances shall the monthly amount paid to the contractor be less than 75% of one-twelfth of the CLIN amount.

If the total monthly cost exceeds one-twelfth of the CLIN amount, the monthly report shall show the Annual Reportable Volumes that were exceeded. Additional Government funding shall be provided to the contractor via modification prior to submittal of invoice if the CLIN amount is exceeded in its entirety. However, under no circumstances shall the monthly paid exceed 110% of one-twelfth of the CLIN amount.

Deliveries will be coordinated with the Department of Pathology, Tripler Army Medical Center, POC: CPT Ashley B. Lopez (808) 433-5007

Shipping Address:

Tripler Army Medical Center 1 Jarrett White Road ATTN: Chemistry, RM 2G013 Honolulu, HI 96859

BASE PERIOD: 01 OCTOBER 2022 - 01 SEPTEMBER 2023

FOB: Destination

PURCHASE REQUEST NUMBER: 0011707166

1001 1 Job OPTION Clinical Chemistry Reagents

FFP

The annual cost shall be based on a Cost-Per-Reportable –Results (CPRR) which includes all instruments that meet the minimum requirements with installation and training, calibrations, controls, reagents based on the quantities for Clinical Chemistry tests in Attachment 1.

The Government shall provide monthly reports of patient results and shall only be invoiced for the exact amount of results provided by the contractor. However, under no circumstances shall the monthly amount paid to the contractor be less than 75% of one-twelfth of the CLIN amount.

If the total monthly cost exceeds one-twelfth of the CLIN amount, the monthly report shall show the Annual Reportable Volumes that were exceeded. Additional Government funding shall be provided to the contractor via modification prior to submittal of invoice if the CLIN amount is exceeded in its entirety. However, under no circumstances shall the monthly paid exceed 110% of one-twelfth of the CLIN amount.

Deliveries will be coordinated with the Department of Pathology, Tripler Army Medical Center, POC: CPT Ashley B. Lopez (808) 433-5007

Shipping Address:

Tripler Army Medical Center 1 Jarrett White Road ATTN: Chemistry, RM 2G013 Honolulu, HI 96859

OPTION PERIOD I: 01 OCTOBER 2023 - 30 SEPTEMBER 2024

FOB: Destination

1002 1 Job OPTION Immunoassays Reagents

FFP

The annual cost shall be based on a Cost-Per-Reportable –Results (CPRR) which includes all instruments that meet the minimum requirements with installation and training, calibrations, controls, reagents based on the quantities for Immunoassay Reagents tests in Attachment 1.

The Government shall provide monthly reports of patient results and shall only be invoiced for the exact amount of results provided by the contractor. However, under no circumstances shall the monthly amount paid to the contractor be less than 75% of one-twelfth of the CLIN amount.

If the total monthly cost exceeds one-twelfth of the CLIN amount, the monthly report shall show the Annual Reportable Volumes that were exceeded. Additional Government funding shall be provided to the contractor via modification prior to submittal of invoice if the CLIN amount is exceeded in its entirety. However, under no circumstances shall the monthly paid exceed 110% of one-twelfth of the CLIN amount.

Deliveries will be coordinated with the Department of Pathology, Tripler Army Medical Center, POC: CPT Ashley B. Lopez (808) 433-5007

Shipping Address:

Tripler Army Medical Center 1 Jarrett White Road ATTN: Chemistry, RM 2G013 Honolulu, HI 96859

OPTION PERIOD I: 01 OCTOBER 2023 - 30 SEPTEMBER 2024

2001 1 Job OPTION Clinical Chemistry Reagents

FFP

The annual cost shall be based on a Cost-Per-Reportable –Results (CPRR) which includes all instruments that meet the minimum requirements with installation and training, calibrations, controls, reagents based on the quantities for Clinical Chemistry tests in Attachment 1.

The Government shall provide monthly reports of patient results and shall only be invoiced for the exact amount of results provided by the contractor. However, under no circumstances shall the monthly amount paid to the contractor be less than 75% of one-twelfth of the CLIN amount.

If the total monthly cost exceeds one-twelfth of the CLIN amount, the monthly report shall show the Annual Reportable Volumes that were exceeded. Additional Government funding shall be provided to the contractor via modification prior to submittal of invoice if the CLIN amount is exceeded in its entirety. However, under no circumstances shall the monthly paid exceed 110% of one-twelfth of the CLIN amount.

Deliveries will be coordinated with the Department of Pathology, Tripler Army Medical Center, POC: CPT Ashley B. Lopez (808) 433-5007

Shipping Address:

Tripler Army Medical Center 1 Jarrett White Road ATTN: Chemistry, RM 2G013 Honolulu, HI 96859

OPTION PERIOD II: 01 OCTOBER 2024 - 30 SEPTEMBER 2025

2002 1 Job OPTION Immunoassays Reagents

FFP

The annual cost shall be based on a Cost-Per-Reportable –Results (CPRR) which includes all instruments that meet the minimum requirements with installation and training, calibrations, controls, reagents based on the quantities for Immunoassay Reagents tests in Attachment 1.

The Government shall provide monthly reports of patient results and shall only be invoiced for the exact amount of results provided by the contractor. However, under no circumstances shall the monthly amount paid to the contractor be less than 75% of one-twelfth of the CLIN amount.

If the total monthly cost exceeds one-twelfth of the CLIN amount, the monthly report shall show the Annual Reportable Volumes that were exceeded. Additional Government funding shall be provided to the contractor via modification prior to submittal of invoice if the CLIN amount is exceeded in its entirety. However, under no circumstances shall the monthly paid exceed 110% of one-twelfth of the CLIN amount.

Deliveries will be coordinated with the Department of Pathology, Tripler Army Medical Center, POC: CPT Ashley B. Lopez (808) 433-5007

Shipping Address:

Tripler Army Medical Center 1 Jarrett White Road ATTN: Chemistry, RM 2G013 Honolulu, HI 96859

OPTION PERIOD II: 01 OCTOBER 2024 - 30 SEPTEMBER 2025

3001 1 Job OPTION Clinical Chemistry Reagents

FFP

The annual cost shall be based on a Cost-Per-Reportable –Results (CPRR) which includes all instruments that meet the minimum requirements with installation and training, calibrations, controls, reagents based on the quantities for Clinical Chemistry tests in Attachment 1.

The Government shall provide monthly reports of patient results and shall only be invoiced for the exact amount of results provided by the contractor. However, under no circumstances shall the monthly amount paid to the contractor be less than 75% of one-twelfth of the CLIN amount.

If the total monthly cost exceeds one-twelfth of the CLIN amount, the monthly report shall show the Annual Reportable Volumes that were exceeded. Additional Government funding shall be provided to the contractor via modification prior to submittal of invoice if the CLIN amount is exceeded in its entirety. However, under no circumstances shall the monthly paid exceed 110% of one-twelfth of the CLIN amount.

Deliveries will be coordinated with the Department of Pathology, Tripler Army Medical Center, POC: CPT Ashley B. Lopez (808) 433-5007

Shipping Address:

Tripler Army Medical Center 1 Jarrett White Road ATTN: Chemistry, RM 2G013

OPTION PERIOD III: 01 OCTOBER 2025 - 30 SEPTEMBER 2026

3002 1 Job OPTION Immunoassays Reagents

FFP

The annual cost shall be based on a Cost-Per-Reportable –Results (CPRR) which includes all instruments that meet the minimum requirements with installation and training, calibrations, controls, reagents based on the quantities for Immunoassay Reagents tests in Attachment 1.

The Government shall provide monthly reports of patient results and shall only be invoiced for the exact amount of results provided by the contractor. However, under no circumstances shall the monthly amount paid to the contractor be less than 75% of one-twelfth of the CLIN amount.

If the total monthly cost exceeds one-twelfth of the CLIN amount, the monthly report shall show the Annual Reportable Volumes that were exceeded. Additional Government funding shall be provided to the contractor via modification prior to submittal of invoice if the CLIN amount is exceeded in its entirety. However, under no circumstances shall the monthly paid exceed 110% of one-twelfth of the CLIN amount.

Deliveries will be coordinated with the Department of Pathology, Tripler Army Medical Center, POC: CPT Ashley B. Lopez (808) 433-5007

Shipping Address:

Tripler Army Medical Center 1 Jarrett White Road ATTN: Chemistry, RM 2G013 Honolulu, HI 96859

OPTION PERIOD III: 01 OCTOBER 2025 - 30 SEPTEMBER 2026

4001 1 Job OPTION Clinical Chemistry Reagents

FFP

The annual cost shall be based on a Cost-Per-Reportable –Results (CPRR) which includes all instruments that meet the minimum requirements with installation and training, calibrations, controls, reagents based on the quantities for Clinical Chemistry tests in Attachment 1.

The Government shall provide monthly reports of patient results and shall only be invoiced for the exact amount of results provided by the contractor. However, under no circumstances shall the monthly amount paid to the contractor be less than 75% of one-twelfth of the CLIN amount.

If the total monthly cost exceeds one-twelfth of the CLIN amount, the monthly report shall show the Annual Reportable Volumes that were exceeded. Additional Government funding shall be provided to the contractor via modification prior to submittal of invoice if the CLIN amount is exceeded in its entirety. However, under no circumstances shall the monthly paid exceed 110% of one-twelfth of the CLIN amount.

Deliveries will be coordinated with the Department of Pathology, Tripler Army Medical Center, POC: CPT Ashley B. Lopez (808) 433-5007

Shipping Address:

Tripler Army Medical Center 1 Jarrett White Road ATTN: Chemistry, RM 2G013

OPTION PERIOD IV: 01 OCTOBER 2026 - 30 SEPTEMBER 2027

4002 1 Job OPTION Immunoassays Reagents

FFP

The annual cost shall be based on a Cost-Per-Reportable –Results (CPRR) which includes all instruments that meet the minimum requirements with installation and training, calibrations, controls, reagents based on the quantities for Immunoassay Reagents tests in Attachment 1.

The Government shall provide monthly reports of patient results and shall only be invoiced for the exact amount of results provided by the contractor. However, under no circumstances shall the monthly amount paid to the contractor be less than 75% of one-twelfth of the CLIN amount.

If the total monthly cost exceeds one-twelfth of the CLIN amount, the monthly report shall show the Annual Reportable Volumes that were exceeded. Additional Government funding shall be provided to the contractor via modification prior to submittal of invoice if the CLIN amount is exceeded in its entirety. However, under no circumstances shall the monthly paid exceed 110% of one-twelfth of the CLIN amount.

Deliveries will be coordinated with the Department of Pathology, Tripler Army Medical Center, POC: CPT Ashley B. Lopez (808) 433-5007

Shipping Address:

Tripler Army Medical Center 1 Jarrett White Road ATTN: Chemistry, RM 2G013 Honolulu, HI 96859

OPTION PERIOD IV: 01 OCTOBER 2026 - 30 SEPTEMBER 2027

MINIMUM REQUIREMENTS

1. Analyzer shall process up to 1800 test per hour for chemistry samples and shall process up to 200 tests per hour for immunochemistry and shall attach to the processing track.

2. Total automation system with analyzers, storage module, and track shall fit within an area of 35 feet by 17 feet55 feet by 25 feet without equipment from third party vendors..

3. Centrifuges shall have a minimum capacity of 80 sample tubes.

4. The storage and retrieval module shall keep up to 9000 specimen tubes and shall handle the waste disposal automatically without operator intervention.

5. Equipment shall contain a fully automated specimen processing track to include: input/output module, two

W81K0222Q0108 centrifuges, de-capper, instrument interface modules, tube resealer and integrated tube storage retrieval module with autodisposal. Automation system shall not require aliquoter to process specimens; shall utilize primary tube point-in-space sampling.

6. This automation shall have a Radio-Frequency identification to track specimens on the bar-code reader by providing increased reliability of the track and have the capability to load up to 700 specimen tubes at one time.

7. The analyzer’s menu shall be capable of testing for PCT, BNP, Hemoglobin A1C, Vitamin D, and all the

Hepatitis blood viruses.

8. The Hemoglobin A1C test shall have the Food and Drug Administration approval for the use to detect type

2 diabetes and pre-diabetes. Hemoglobin A1C test shall be random access (no batching)

9. The instrument shall have cardiac markers high sensitivity Troponin. The high sensitivity Troponin assay shall be able to be used in the assessment of patients at the 99 percentile per National Academy of Clinical Biochemistry guidelines.

10. STAT Immunoassays cardiac markers, BhCG and PTH, shall have an analytical turnaround time of less than 20 minutes, and all routine assays like Thyroids, Hepatitis and Metabolic shall have an analytical turnaround time of less than 30 minutes.

11. Reserved Enzyme assays shall use technology to extend linear ranges and reduce dilution and reruns.

12. The chemistry and immunoassay analyzers shall perform automatic dilution on out of range results to reduce manual dilution thus improve efficiency and accuracy of patient results

13. Analyzer shall have capability to assess the level of common interferents such as:

hemoglobin, lipemia, Biotin, and icteric for each sample without decreasing overall sample throughput.

14. Middleware shall have the capability to stream quality control by automatically transferring data to and from third party (ie. Bio-Rad) QC software in real time and have an option to interface to E-Lab connect for College of American Pathology website survey completion.

15. The middleware shall interface with our existing Laboratory Information system for auto verification of result, and shall be able to communicate with other vendor’s instruments (e.g., Sysmex, STAGO, iRICELL).

16. The interface shall provide advanced sample workload management that includes routing and sample prioritization, sorting and archiving based on user parameters.

17. The analytical system shall not produce more than 25 gallons of water per hour as to not exceed the current drainage system. Contractor shall utilize current drainage system location.

18. Reserved.

19. The Chemistry and immunology analyzers shall have the ability to provide an identical test menu (reagent will need two chemistry and two immunology analyzers) on both instruments at the same time.

20. All computers shall be Windows 10 or later.

21. All computer servers shall be 2016 or 2019 and provide 24/7 support service software.

22. Installation validation shall be completed by the vendor according to CAP standards. Validation shall

W81K0222Q0108 include Serum, Plasma, and different body fluids.

23. Vendor shall provide a water system/reservoir that allows storage of water for uninterrupted operations for at least 8-12 hours (if needed).

24. Vendor shall provide technical, software, equipment and IT support 24/7 365 days a year.

25. Vendor shall have on-island service support.

26. Initial instrument training shall be provided by the vendor.

27. The instrument track shall have the ability to connect to current hematology systems.

28. Instrument shall have minimal or no reagent preparation.

29. Vendor shall provide acceptable correlation materials for rare samples i.e. Hepatitis A, B, and C.

30. Instrument shall have automated maintenance, calibrators, and QC that requires no or minimum tech’s hands-on, or vendor shall perform quarterly maintenance.

31. Shall be able to connect and operate with MHS Genesis.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-OCT-2022 TO

30-SEP-2023

N/A W07C TRIPLER ARMY MED CTR

DIR DEL SEE LINE ITEMS

MATERIAL BR LOG DIV

KRUKOWSKI BLDG 161

TRIPLER AMC HI 96859-5000

1-808-433-6661

WX3JN8

0002 POP 01-OCT-2022 TO

30-SEP-2023

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-OCT-2023 TO

30-SEP-2024

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-OCT-2023 TO

30-SEP-2024

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-OCT-2024 TO

30-SEP-2025

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-OCT-2024 TO

30-SEP-2025

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-OCT-2025 TO

30-SEP-2026

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 01-OCT-2025 TO

30-SEP-2026

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-OCT-2026 TO

30-SEP-2027

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 01-OCT-2026 TO

30-SEP-2027

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

NOV 2021

ADDENDUM TO FAR 52.212-4

(w) UNILATERAL MODIFICATIONS

In addition to 52.212-4(c), the Government may make unilateral modifications considered administrative in nature.

These include, but are not limited to, changes in the accounting and appropriation data, payment and issuing office addresses, and other corrections that have no effect on the terms and conditions of the contract.

(x) The non-FAR Part 12 discretionary FAR and DFARS clauses included herein are incorporated into this contract either by reference or in full text. If incorporated by reference, see clause 52.252-2 herein for locations where full text can be found.

(y) OTSG/MEDCOM Policy Memo 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)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(JUN 2020) -- Alternate I

NOV 2021

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

MAY 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

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

NOV 2021

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

NOV 2021

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns

SEP 2021

52.219-9 Small Business Subcontracting Plan NOV 2021 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2022 52.222-21 Prohibition Of Segregated Facilities APR 2015

W81K0222Q0108

52.222-37 Employment Reports on Veterans JUN 2020 52.222-50 Combating Trafficking in Persons NOV 2021 52.223-3 Hazardous Material Identification And Material Safety Data FEB 2021 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.228-5 Insurance - Work On A Government Installation JAN 1997 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

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995 52.246-2 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 252.203-7003 Agency Office of the Inspector General AUG 2019 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

252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7012 Preference For Certain Domestic Commodities MAR 2022 252.225-7021 (Dev) Trade Agreements - Basic (DEVIATION 2020-O0019) MAR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

APR 2019

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012

CLAUSES INCORPORATED BY FULL TEXT

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (NOV 2021)

(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

W81K0222Q0108 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 product or commercial service 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.

(End of clause)

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(c) Exceptions to this prohibition are located at 9.108-2.

(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.

52.217-9 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 of contract expiration; 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 (SEP 2021)

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--

(1) 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 (d) 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.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13

CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon 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) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(d) 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(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees if the acquisition--

(1) Was set aside for small business and has a value above the simplified acquisition threshold;

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) 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

W81K0222Q0108 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, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) 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 (f) or (h) of this clause.

(h) 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:

(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 325413 assigned to contract number .

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the Contractor represented itself as a women-owned small business concern in paragraph (h)(3) of this clause.] The Contractor represents that--

(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(4)(i) of this clause is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture.

[The Contractor shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the Contractor represented itself as a women-owned small business concern eligible under the WOSB Program in (h)(4) of this clause.] The Contractor represents that--

(i) It [ ] is, [ ] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(5)(i) of this clause is accurate for each EDWOSB concern participating in the joint venture. [The Contractor shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a veteran-owned small business concern.

W81K0222Q0108

(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(8) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that--

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

[Contractor to sign and date and insert authorized signer's name and title.]

52.222-26 EQUAL OPPORTUNITY (SEPT 2016)

Compensation means any payments made to, or on behalf of, an employee or offered to an applicant as remuneration for employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement.

Compensation information means the amount and type of compensation provided to employees or offered to applicants, including, but not limited to, the desire of the Contractor to attract and retain a particular employee for the value the employee is perceived to add to the Contractor's profit or productivity; the availability of employees with like skills in the marketplace; market research about the worth of similar jobs in the relevant marketplace; job analysis, descriptions, and evaluations; salary and pay structures; salary surveys; labor union agreements; and Contractor decisions, statements and policies related to setting or altering employee compensation.

Essential job functions means the fundamental job duties of the employment position an individual holds. A job function may be considered essential if--

(1) The access to compensation information is necessary in order to perform that function or another routinely assigned business task; or

(2) The function or duties of the position include protecting and maintaining the privacy of employee personnel records, including compensation information.

Gender identity has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.

Sexual orientation has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.

W81K0222Q0108

United States means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b)(1) If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause.

(2) If the Contractor is a religious…