13T0011.doc

Section SF 1449 - CONTINUATION SHEET

SERVICE CONTRACT FOR ANALYZERS

FFP

SERVICE CONTRACT FOR LUMINEX DNA ANALYZERS. SERIAL NUMBERS FOR THE COMPONENTS OF EACH SYSTEM ARE: Lx10006234402, LX10004235302, Lx10001262012, Lx10008073401, LXY06236105, LXY042380003, LXY01296003, LXY08071103, LXSD06236006, LXSD04217006, LXSD01324001, LXSD08060001. Service and Maintenance to be brand name or equal to Luminex Gold Service.

**Brand name or equal. If quoting equal must provide specifications along with quote. Must comply with all items listed in the performance work statement**

FOB: Destination

MILSTRIP: W74MYF2129N243

PURCHASE REQUEST NUMBER: W74MYF2129N243

NET AMT

FFP

SERVICE CONTRACT FOR LUMINEX DNA ANALYZERS. SERIAL NUMBERS FOR THE COMPONENTS OF EACH SYSTEM ARE: Lx10006234402, LX10004235302, Lx10001262012, Lx10008073401, LXY06236105, LXY042380003, LXY01296003, LXY08071103, LXSD06236006, LXSD04217006, LXSD01324001, LXSD08060001. Service and Maintenance to be brand name or equal to Luminex Gold Service.

FOB: Destination

NET AMT

FFP

SERVICE CONTRACT FOR LUMINEX DNA ANALYZERS. SERIAL NUMBERS FOR THE COMPONENTS OF EACH SYSTEM ARE: Lx10006234402, LX10004235302, Lx10001262012, Lx10008073401, LXY06236105, LXY042380003, LXY01296003, LXY08071103, LXSD06236006, LXSD04217006, LXSD01324001, LXSD08060001. Service and Maintenance to be brand name or equal to Luminex Gold Service.

NET AMT

FFP

SERVICE CONTRACT FOR LUMINEX DNA ANALYZERS. SERIAL NUMBERS FOR THE COMPONENTS OF EACH SYSTEM ARE: Lx10006234402, LX10004235302, Lx10001262012, Lx10008073401, LXY06236105, LXY042380003, LXY01296003, LXY08071103, LXSD06236006, LXSD04217006, LXSD01324001, LXSD08060001. Service and Maintenance to be brand name or equal to Luminex Gold Service.

NET AMT

FFP

SERVICE CONTRACT FOR LUMINEX DNA ANALYZERS. SERIAL NUMBERS FOR THE COMPONENTS OF EACH SYSTEM ARE: Lx10006234402, LX10004235302, Lx10001262012, Lx10008073401, LXY06236105, LXY042380003, LXY01296003, LXY08071103, LXSD06236006, LXSD04217006, LXSD01324001, LXSD08060001. Service and Maintenance to be brand name or equal to Luminex Gold Service.

NET AMT

INSTRUCTIONS TO OFFERORS

Interested offerors are requested to provide pricing data on the base period and all option periods.

WRAIR MAINTENANCE POLICY

MRMC-UWC-B (738-750)

11 April 2012

MEMORANDUM FOR RECORD

SUBJECT: Policy Letter for Service Contracts (Annual and Onetime)

1. References:

a. Army Regulation 40-61 Medical Logistics Policies and Procedures

b. SB 8-75-11 Army Medical Supply Bulletin Para. 6-4

2. Army Regulation 40-61 requires contractors to furnish an itemized list of labor and parts costs for services performed. The information is necessary in order to record pertinent data on the maintenance history.

a. Repair and Return. Upon completion of services, a written service report shall accompany the equipment being returned. The service report shall provide detailed information regarding the cause of equipment malfunction and corrective action taken, to include the time required to complete the work, price of labor (hourly rate), and a list of parts replaced with the cost of each part.

b. On-Site Repairs.

(1) Contractor’s representative shall report to and sign-in at the medical equipment maintenance shop, Building 503, Room GN01, prior to commencing services during normal operation hours (Mon-Fri between 0730-1630). During other than normal operating hours, the contractor’s representative shall report to the Front Information/Security Desk to sign in.

(2) The government and the contractor’s service representative will exchange hazard communication information before the commencement of any work.

(3) When required, the contractor’s service representative will comply with the Office of Safety and Health Administration lockout/tag-out standards while performing maintenance on equipment.

(4) Upon completion of services, a written service report shall be provided to the medical equipment maintenance shop or Front Desk if after hours. The service report will provide detailed information about the cause of equipment malfunction and corrective actions taken, to include the time required to complete the work, price of labor (hourly rate), and a list of any parts replaced with prices for each part.

(5) In the event all information is not available to contractor’s representative when services are performed, the initial service report shall include all information stated above except for price. Contractor shall provide the balance of the required information in writing to the Chief, Medical Equipment Maintenance Department, not later than 10 days after services are completed. Maintenance technicians will furnish the contractor with an address where the missing information for the service report is to be forwarded/mailed or it can be faxed to_______. The service report is not to be confused with the invoice. The vendor will request payment as directed in the contract document. A copy of the invoice must be faxed to WRAIR, Medical Maintenance Office at______.

(6) After performing Calibration/Verification/Certification services, the contractor’s service representative will affix and/or update DD Form 2163 (Medical Equipment Verification/Certification) in accordance with the instructions provided in TB 38-750-2 Maintenance Management Procedures for Medical Maintenance. A copy of the calibration worksheet and a list of all test equipment will be provided to the Medical Maintenance Office. The list of test equipment will include the Nomenclature, Model Number, Serial Number, and Date of Next Calibration of each piece of test equipment.

(7) Contractor’s service representative will be factory trained for the equipment to be serviced and have a minimum of two years experience working on the contracted equipment unless prior approval is obtained from the Medical Maintenance manager.

(8) Contractor must furnish all software updates issued by the equipment manufacturer.

(9) Contractor shall have access to all necessary diagnostic software and/or proprietary tools (if applicable).

(10) Contractor shall use only new or OEM refurbished repair parts.

(11) Required forms and extracts from pertinent directives will be furnished to the contractor’s service representative by the government.

3. The Medical Maintenance Office will initiate all requests for services from contractors. The contractor will contact the Medical Maintenance Office for any issues, or concerns regarding repair of equipment covered under this contract. The contractor will not provide any services not covered by the contract without prior approval from the Medical Maintenance Office. The government will not be responsible for payment for any service or material that is provided to the operator of the equipment without prior written approval from the Medical Maintenance Office.

4. The point of contact for this memorandum is

Chief, Medical Maintenance Branch

Walter Reed Army Institute of Research

PWS AND QASP

STATEMENT OF WORK (SOW)

For

Annual Service Contract Luminex manufactured equipment within the Walter Reed Army Institute of Research

PART 1

SECTION C, UCF

GENERAL INFORMATION

1.0 Description of Services/Introduction: The contractor shall provide all personnel, equipment, tools, materials, supervision, and other items and non-personal services necessary to perform annual service contract on Listed equipment (Technical Exhibit 3) as defined in this Statement of Work except as Specified in section C-3 as government furnished property and services at The Walter Reed Army Institute of Research. The contractor shall perform to the standards in this contract.

1.1 Background: The equipment has been maintained under the Prime Maintainer Contract since 2009. Due to the cost differences of said contract and this solicitation the decision was made to make the change to both save money and ensure manufacture levels in maintaining the equipment.

1.2 Scope: The contractor shall provide all resources for Complete System Protection and all components under the contract, servicing to be completed by the vendor Field Service Engineers.

1.3 Objectives The intent is to have an uninterrupted operational ready piece of equipment maintained at a high level of performance to complete complicated tasks during research projects.

1.4 General Information

1.4.1 Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with the scope of work described in this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. As a minimum, the contractor shall develop quality control procedures that address the areas identified in Technical Exhibit 1, “Performance Requirements Summary”. After acceptance of the quality control plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system. Quality Control plan to be delivered to Contracting personnel within a time frame set forth by the contracting officer.

1.4.2 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.4.3 Government Remedies: The contracting officer shall follow FAR 52.212-4, “Contract Terms and Conditions-Commercial Items” or 52.246-4, “Inspection of Services-Fixed Price” for contractor’s failure to perform satisfactory services or failure to correct non-conforming services.

1.4.4 Recognized Holidays: The contractor should be aware of the official government holidays and adjust work schedules as required. Due to limited government personnel working during these days limited access to many areas may be in effect and may hamper the contractor’s performance. It is recommended that all contractors schedule these days as non-work days.

New Year’s Day

Labor Day

Martin Luther King Jr.’s Birthday

Columbus Day

President’s Day

Veteran’s Day

Memorial Day

Thanksgiving Day

Independence Day

Christmas Day

1.4.5 Hours of Operation/Place of Performance: The contractor is responsible for conducting the required services between the hours of 08:00 and 17:00 hours (8 AM to 5 PM) Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this statement of work when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the work force are essential.

1.4.6 Type of Contract: The government anticipates award of an annual equipment service contract with option years if possible.

1.4.7 Security Requirements: The Walter Reed Army Institute of Research has access requirements that must be observed during all contractor visits. Contractor Maintenance Personnel should be prepared to be escorted to all points within the buildings where work is to be preformed. Security personnel will determine access levels that will be observed. All visiting personnel are required to have government issued photo identification to receive a visitor badge with limited access privileges.

1.4.8 Conservation of Utilities. The contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish cleaning vehicles and equipment.

1.4.9 Contracting Officer Representative (COR): TBD

1.4.10 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

PART 2

DEFINITIONS & ACRONYMS

PWS – Performance Work Statement

Contracting Officer’s Representative (COR): A representative from the requiring activity assigned by the Contracting Officer to perform surveillance and to act as liaison to the contractor

CCE– Contracting Center of Excellence

Field Service Engineer (FSE): A person who is authorized by the government to perform maintenance services (corrective or preventive in nature). These personnel must be fully qualified and at a minimum meet the following:

1. Successfully completed a formalized training program for the equipment identified in the technical exhibits.

2. Has in their possession any and all necessary tools, test equipment and service manuals to perform repairs and calibrations on the equipment they are to service.

3. Has immediate or next day access to OEM or equivalent parts and kits.

Defective Service. A service output that does not meet the standard of performance associated with it in the Performance Work Statement.

Quality Assurance Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

Quality Control. Those actions taken by a contractor to control the performance of services so that they meet the requirements of the PWS.

Quality Assurance. Those actions taken by the government to assure services meet the requirements of the Performance Work Statement.

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3.0 GENERAL: The government shall provide, the facilities, equipment, materials, and/or services listed below.

3.0.1 Utilities. All utilities in the facility will be available for the contractor’s use in performance of duties outlined in this PWS. The Contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4.0 General: Except for those items specifically stated to be government furnished in Part 3, the contractor shall furnish everything required to perform this PWS to include the following:

· Replacement repair parts conforming to manufacturers specifications

· All factory trained labor required to perform maintenance repairs

· All travel costs required to perform maintenance repairs

· Written reports of all tasks performed as required by GMP regulations

PART 5

SPECIFIC TASKS

5.0 BASIC SERVICES. The contractor shall provide services for annual service contract for maintenance on listed equipment in exhibit 3.

5.0.1 The contractor shall perform the following:

· Vendor shall provide all travel, time and materials necessary to accomplish emergency and preventive maintenance on Luminex Systems to include Analyzers, XY Platforms, Fluid Delivery Systems and all covered software

· Provide one on-site preventive maintenance visits per year.

· Shall provide unlimited visits for repair service as warranted

· Emergency Response within 48 hours, log the response by filling out log books and review all tasks completed for satisfactory resolution.

· Vendor shall maintain adequate stock on hand for the equipment serviced to accomplish repairs on the same or next day of response 90% of the time.

· Vendor shall utilize fully qualified Field Service Engineers (FSE).

· Vendor shall provide written reports as required and as part of the Quality Assurance Plan to meet the needs of a Good Manufacturing Practice (GMP) Facility. The report is to be furnished within 20 working days of each maintenance visit.

· Vendor shall maintain an internal Quality Control Program to insure proper maintenance procedures are being adhered to by the assigned technicians. .

5.0.2 The WRAIR user and maintenance personnel will ensure the contractor fulfills the contract by inspection processes as follow:

· Observe vendor maintenance personnel during maintenance tasks noting knowledge and competence with which the tasks are performed.

· Review field service reports to insure proper reporting of the technician’s time and listing of all repair parts (to include part number, nomenclature, and price) necessary to complete the repairs.

· Insure the field service report indicates the measures taken to repair the equipment in resolution of the initial service request.

· Will also view a demonstration of an operational check to ensure that the system is fully functional.

5.0.3 Successful performance shall be when maintenance tasks are completed, the equipment is operational within manufacturers standards, user and medical maintenance personnel accept the repair and all field service reports and invoices have been received by medical maintenance staff.

QUALITY ASSURANCE PLAN

1. Quality Assurance Surveillance Plan.

1.1 Quality Control.

1.1.1 The contractor shall establish and maintain a Quality Control Program and document in a Quality Control Plan, to ensure that all services are provided and include timeliness and level of quality.

1.1.2 The approved plan is as follows. This plan shall be updated hereafter as approved changes occur. When the Technician completes the repairs he/she shall inform WRAIR’s maintenance personnel and the COR. In addition to the technician's time, all repair parts necessary to complete repairs shall be indicated by part number, nomenclature, and price on the invoice. The technician shall provide a field service report indicating what measures were taken to repair the equipment and demonstrate to the user and maintenance personnel that the system is fully functional.

1.2 Quality Assurance. The Government will monitor the contractor’s performance under this contract. The Government retains the rights provided in FAR 52.246-4. The Government’s Quality Assurance Surveillance Plan follows:

The WRAIR user and maintenance personnel shall ensure that the Field Service Report provides the technician’s time and lists all repair parts necessary to complete the repairs, including part number, nomenclature, and price. They shall also ensure that the field service report indicates what measures technician took to repair the equipment. The user and maintenance personnel shall also view the demonstration to ensure that the system is fully functional. Performance shall be as required in Technical Exhibit 1.

TECHNICAL EXHIBIT 1

Quality Assurance Surveillance Plan

Performance Objective Performance Standard (Minimum Acceptable Standard)

(MAS)

Method of Surveillance Sample Size Frequency

1. Perform emergency and scheduled maintenance Emergency maintenance performed within 48 hours & 1 onsite PM should be performed /year.

100% inspection by user and medical maintenance personnel. , Log books inspected for completion & satisfactory resolution.

100% When task completed 2.Qualified service(factory trained) personnel Factory trained personnel familiar with equipment & software to test HPLC 1100 system 100% (by user and medical maintenance personnel) 100% During maintenance activity 3.Parts Provide certified parts guaranteed to meet or exceed original specifications as described in PWS 100% (by user and medical maintenance personnel) 100% When task completed

4. Field service reports and invoices Copies of reports & invoices of all field services provided to medical maintenance 100% inspection (by user and medical maintenance personnel) 100% When task completed Quality Control Program 100% 100% by receipt of QCP 100% Two weeks after Contract Award

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

5.0.1

Field service reports

medical maintenance WRAIR

5.0.1 invoices

medical maintenance WRAIR

5.0.1 quality control plan Upon receipt of contract

medical maintenance WRAIR

Medical Maintenance Submittal information is as follows:

TBD

TECHNICAL EXHIBIT 3

EQUIPMENT LISTING

LIST OF EQUIPMENT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

22-DEC-2013

ROBERT GRANT AVENUE

BLDG 503

SILVER SPRING MD 20910-7500

W74MYF

22-DEC-2014

W74MYF

22-DEC-2015

W74MYF

22-DEC-2016

W74MYF

22-DEC-2017

W74MYF

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

CONTRACTOR MANPOWER REPORTING (CMR) - (ACCOUNTING FOR CONTRACT SERVICES) (APR 2011) (USAMRAA)

The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor will report ALL contractor manpower (including sub-contractor manpower) required for performance of this contract. The contractor is required to completely fill in all the information in the format using the following web address: https://cmra.army.mil. The required information includes: (l) Contract Number; (2) Delivery Order Number (If applicable); (3) Task Order Number (If applicable); (4) Requiring Activity Unit Identification Code (UIC); (5) Command; (6) Contractor Contact Information; (7) Federal Service Code (FSC); (8) Direct Labor Hours; (9) Direct Labor Dollars; and, (10) Location. In the event the Contracting Officer's Representative (COR)/Contracting Officer's Technical Representative (COTR) has not entered their data requirements first, the contractor must also enter the COR/COTR required data with the exception of fund cite, obligations, and disbursement data. The CMRA help desk can be reach at 703-695-5103 or 703-695-5058 for any technical questions. The help desk can also be contacted via email: contractormanpower@hqda.army.mil. As part of its quote or offer, the contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement. The reporting period will be the period of performance not to exceed 12 months ending 30 September of each government fiscal year and must be reported by 31 October of each calendar year.

EXPORT CONTRACT ACT COMPLIANCE (DEC 2006) (USAMRAA)

The contractor shall assess the work to be performed in this effort to assure that all actions are in compliance with the Export Administration Regulations, 15 CFR Part 730 (EAR), of the Export Administration Act of 1979, 50 U.S.C. app. 2401-2420 (EAA). Technology listed in the Commerce Control List (CCL), 15 CFR Part 774, of the EAR shall not be exported or exposed to foreign nationals without the written consent of the U.S. Department of Commerce.

52.204-99 SYSTEM FOR AWARD MANAGEMENT REGISTRATION (DEVIATION)(AUG 2012)

(a) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the retired primary Government repository for Contractor information required for the conduct of business with the Government.

“Commercial and Government Entity (CAGE) code” means—

(1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file. This type of code is known as an “NCAGE code.”

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the SAM database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database;

(2) The Contractor’s CAGE code is in the SAM database; and

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

“System for Award Management (SAM)” means the primary Government repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes—

(1) Data collected from prospective federal awardees required for the conduct of business with the Government;

(2) Prospective contractor submitted annual representations and certifications in accordance with FAR Subpart 4.12; and

(3) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the nonprocurement common rule by agencies, Government corporations, or by the Government Accountability Office.

(b)(1) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS+4.

(3) If indicated by the Government during performance, registration in CCR may be required in lieu of SAM.

(c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) A contractor may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The contractor should indicate that it is a contractor for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The Contractor should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) Reserved.

(e) Processing time for registration in SAM, which normally takes five business days, should be taken into consideration when registering. Contractors who are not already registered should consider applying for registration at least two weeks prior to invoicing.

(f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)(1)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer sufficient documentation to support the legally changed name with a minimum of one business day’s written notification of its intention to—

(A) Change the name in the SAM database;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.acquisition.gov or by calling 866-606-8220, or 334-206-7828 for international calls.

(End of Clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (AUG 2012) (DEVIATION)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(i) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note).

(ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) Reserved.

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

___ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (JUL 2012).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days (insert the period of time within which the Contracting Officer may exercise the option).

(End of clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 60 (insert the period of time within which the Contracting Officer may exercise the option); provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days (60 days unless a different number of days is inserted) 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 5 Years.

(End of clause)

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (APR 2012) - ALTERNATE I (APR 2011)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is ( ) (insert NAICS code).

(2) The small business size standard is ( ) (insert size standard).

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) Representations. (1) The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.

(2) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer 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 offeror represented itself as a women-owned small business concern in paragraph (b)(3) of this provision.] The offeror represents as part of its offer 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 (b)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror 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 offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (b)(4) of this provision.] The offeror represents as part of its offer 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 (b)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror 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 offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern.

(7) (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(6) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern.

(8) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, as part of its offer, 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 change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and

(ii) It ( ) is, ( ) is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (b)(8)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. (The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.) Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

(9) (Complete if offeror represented itself as disadvantaged in paragraph (b)(2) of this provision.) The offeror shall check the category in which its ownership falls:

____ Black American.

____ Hispanic American.

____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

____ Individual/concern, other than one of the preceding.

(c) Definitions. As used in this provision--

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern," means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned small business concern," means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

(d) Notice.

(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small, HUBZone small, small disadvantaged, or women-owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall--

(i) Be punished by imposition of fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment; and

(iii) Be ineligible for participation in programs conducted under the authority of the Act.

(End of provision)

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (JAN 2011)

(a) Definitions. See 13 CFR 125.6(e) for definitions of terms used in paragraph (d).

(b) Evaluation preference. (1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except--

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) A concern that is both a HUBZone small business concern and a small disadvantaged business concern will receive the benefit of both the HUBZone small business price evaluation preference and the small disadvantaged business price evaluation adjustment (see FAR clause 52.219-23). Each applicable price evaluation preference or adjustment shall be calculated independently against an offeror's base offer.

These individual preference amounts shall be added together to arrive at the total evaluated price for that offer.

(4) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraphs (d) and (e) of this clause do not apply if the offeror has waived the evaluation preference.

___ Offeror elects to waive the evaluation preference.

(d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;

(3) General construction. (i) At least 15 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor's employees;

(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor's employees or on a combination of the prime contractor's employees and employees of HUBZone small business concern subcontractors;

(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns; or

(4) Construction by special trade contractors. (i) At least 25 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor's employees;