W9114F21Q0121 RFQ.pdf

SEE ADDENDUM

(No Collect Calls)

W9114F21Q0121 17-Aug-2021

b. TELEPHONE NUMBER

+49 6371 9464 6789

8. OFFER DUE DATE/LOCAL TIME

12:00 AM 17 Sep 2021

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W9114F9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

HENNING MAYER-GOLDSTEIN

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0011626242

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

W40M RHCO USAHCA EUROPE

KIRCHBERG KASERNE BLDG 3705

LANDSWEILER STRASSE

LANDSTUHL 66849

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE WK4FW0 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

W1HH USA LANDSTUHL RMC

KIRCHBERG KASERNE BLDG 3740

LANDSWEILER STRASSE

LANDSTUHL, 66849

GERMANY

TEL: 06371-9464-4100 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

621511

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF72

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W9114F21Q0121

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months Coagulation Tests

FFP

Provide all resources (to include analyzer redundancy, reagents, consumables, maintenance, repair, etc.) for FDA approved Coagulation Tests for the Landstuhl Regional Medical Center (LRMC) based on the quantities outlined in the "Estimated Annual Test Count".

Delivery Period: 1 December 2021 - 30 November 2022 NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011626242

PSC CD: 6550

NET AMT

1001 12 Months OPTION Coagulation Tests

FFP

Provide all resources (to include analyzer redundancy, reagents, consumables, maintenance, repair, etc.) for FDA approved Coagulation Tests for the Landstuhl Regional Medical Center (LRMC) based on the quantities outlined in the "Estimated Annual Test Count".

Delivery Period: 1 December 2022 - 30 November 2023 NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

2001 12 Months OPTION Coagulation Tests

FFP

Provide all resources (to include analyzer redundancy, reagents, consumables, maintenance, repair, etc.) for FDA approved Coagulation Tests for the Landstuhl Regional Medical Center (LRMC) based on the quantities outlined in the "Estimated Annual Test Count".

Delivery Period: 1 December 2023 - 30 November 2024 NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

3001 12 Months OPTION Coagulation Tests

FFP

Provide all resources (to include analyzer redundancy, reagents, consumables, maintenance, repair, etc.) for FDA approved Coagulation Tests for the Landstuhl Regional Medical Center (LRMC) based on the quantities outlined in the "Estimated Annual Test Count".

Delivery Period: 1 December 2024 - 30 November 2025 NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

4001 12 Months OPTION Coagulation Tests

FFP

Provide all resources (to include analyzer redundancy, reagents, consumables, maintenance, repair, etc.) for FDA approved Coagulation Tests for the Landstuhl Regional Medical Center (LRMC) based on the quantities outlined in the "Estimated Annual Test Count".

Delivery Period: 1 December 2025 - 30 November 2026 NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

EXTENDED CLIN DESCRIPTION

Installation, Validation, and Regulatory Compliance

a. The Contractor shall provide the installation and initial validation in accordance with the CLIA/NCCLS guidelines to include

i. normal range verification

ii. linearity and limits of quantitation (reportable range)

iii. correlation with current methods/instruments

iv. validation of analytical measurement range (AMR)

v. validation of precision and accuracy

vi. establishment of initial control ranges

b. The Contractor shall provide all reagents, controls, calibrators, and linearity materials for initial validation. Initial validation studies shall be performed on-site by the Contractor or appropriate Subcontractor.

Subfactor 2: Training

The Contractor shall provide

a. At least two paper and two digital copies of the Operator’s Manual, Maintenance Instructions, and

Warranty.

b. On-site training to four (4) primary operators at time of installation and complete on-site training with all technicians using the instrument within 12 months of installation.

c. Train two primary operators per analyzer per contract year at the contractors training site at no additional cost to the Government. Training shall include costs of lodging, travel, food, teaching staff and training handouts. Travel costs shall not exceed the current JTR/JFTR. Travel benefits shall be provided in-kind (rather than in cash). All training shall be provided in English.

d. All training manuals/guides, instructional literature, and any other related written/electronic material in English. Training shall include basic operation of the analyzers, troubleshooting procedures, performance of operator-level periodic preventive maintenance procedures, and use of the data management/quality control software.

Subfactor 3: Maintenance, Repair, Service, and Support

a. The Contractor shall perform preventive maintenance services (PMS), safety tests, calibrations, and unscheduled repair services in accordance with procedures and practices prescribed by the manufacturer of the equipment.

b. The contract is inclusive of all costs for the performance of scheduled periodic maintenance (as required by the instrument maintenance manuals), unscheduled maintenance and repair of the analyzers and any associated equipment provided by the Contractor as part of the analyzer system, including replacement parts, replacement part shipment costs, and service technician travel costs for performance of maintenance services.

c. The Contractor shall provide the following

i. Upon analyzer failure between 0800-1600 Central European Time (CET) Monday-

Friday, the Contractor’s qualified service technician to be on-site to provide unlimited emergency service (service requiring immediate repair; an unscheduled maintenance/service requirement) within 24 hours.

ii. The Contractor shall repair the equipment to be operational within 48 hours of the initial response by the Contractor.

d. The Contractor shall provide

i. Should both analyzers become inoperable, the Contractor’s qualified service technician shall be on-site within four hours of initial notification and the repair of at least one instrument completed within one working day.

ii. While both analyzers are inoperable, the Contractor shall arrange transport of critical specimens to a College of American Pathologists (CAP) accredited clinical laboratory of their choice within Germany along with the retrieval of hardcopy patient results by express courier.

iii. The selected laboratory shall provide patient reports in English that include reference ranges for the test performed. The Contractor is responsible for costs associated with this service. If both analyzers remain inoperable for three days, a replacement analyzer shall be provided, validated, and installed at the Contractor/Vendor’s expense.

e. The Contractor shall provide

i. Same day customer service and support for emergency service requirements.

ii. A service hotline with English menu options and English-speaking technical support staff available to assist operators in correcting equipment operation problems.

iii. A service hotline available Monday through Friday, 0800-1600 Central European Time

(CET).

Subfactor 4: Reagents and Supplies

Contractor shall provide

a. All reagents and assays to be FDA approved.

b. All reagents to be maintained on-board once opened (removing and refrigeration between runs shall not be required for stated shelf-life).

c. The shelf-life for onboard reagent to be a minimum of 220 hours for PT and APTT; 72 hours for

Fibrinogen and D-Dimer.

d. Reagent packs to be changeable without requiring additional calibration or QC.

e. Reagent and QC material to be supplied for at least one year without lot changes.

f. Reagents to have a minimum shelf-life of three (3) months upon receipt by the Government.

g. Reagent and QC supply amount to account for QC frequency per CAP requirements (usually three times daily, 365 days per year, despite sample load).

Subfactor 5: Salient Characteristics

Contractor provided equipment shall meet all salient characteristics.

(End of Extended CLIN Description)

SALIENT CHARACTERISTICS

SALIENT CHARACTERISTICS

1. Instrument Capability

a. All instruments, methods, controls and reagents supporting the following assays shall be FDA approved

i. D-Dimer

1. The D-dimer test shall be FDA approved for the exclusion of Deep Vein Thrombosis (DVT) and Pulmonary Embolism (PE).

ii. Prothrombin Time (PT) with International Normalized Ratio (INR)

iii. Activated Partial Prothrombin Time (APTT)

iv. Fibrinogen

b. The fibrinogen method shall have at least 50 laboratories in the College of American Pathology (CAP) Proficiency Testing program; the D-Dimer, PT, INR, and APTT assays shall have at least 500.

c. All sample, calibrator, and QC dilution shall be performed automatically.

d. Minimum throughput shall be 50 samples per hour.

e. Shall have a STAT interrupt capability, i.e. in-situ prioritization of STAT samples.

f. Shall allow for continuous loading of samples and reagents while running.

g. Shall be capable of handling all specimen tubes sizes, including pediatric and micro containers.

h. Shall be capable of producing results within 10 minutes of sample loading for the PT, APTT, Fibrinogen, or D-Dimer assays.

i. Shall be capable of automated handling of closed tubes (e.g. cap-piercing).

j. Shall be equipped with an uninterruptible power supply capable of powering the analyzer and data management system for >20 minutes.

k. The electrical requirement shall be compatible with German electrical infrastructure: 220VAC at

50Hz.

l. Onboard storage shall have capacity for at least 20 refrigerated reagents

m. On-board reagents and QC material shall be temperature controlled sufficient to meet stability requirements

n. Instrument dimensions including all accessories shall fit within a 1.5 square foot area.

2. Data Management Systems

a. Shall include a bidirectional interface compatible with DoD medical informatics systems including the Composite Health Care System (CHCS).

b. All system displays and support literature shall be in English

c. Shall include an integrated (i.e. internal) bar code reader for samples, reagents, and QC material.

d. Shall manage and store at least 20,000 patient results and quality control data.

e. Shall include a printer and produce hard copy patient reports.

f. Shall provide Levey-Jennings graphs and be capable of applying Westgard quality control result decision rules in real-time. The user shall have the ability to quickly and simply select the rules to be applied.

g. Shall monitor reagent and QC material on-board shelf life and prompt user when items expire.

(End of Salient Characteristics)

ESTIMATED ANNUAL TEST COUNT

Estimated Annual Test Count Test Estimated Annual Quantity

PT 2,850

aPPT 1,850 Fibrinogen 250 D-Dimer 1,600

Estimated Annual Total 6,550

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 1001 Destination Government Destination Government 2001 Destination Government Destination Government 3001 Destination Government Destination Government 4001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 31-DEC-2021 1 W1HH USA LANDSTUHL RMC

KIRCHBERG KASERNE BLDG 3740

LANDSWEILER STRASSE

LANDSTUHL, 66849

GERMANY

06371-9464-4100

WK4FW0

0001 31-JAN-2022 1 (SAME AS PREVIOUS LOCATION)

0001 28-FEB-2022 1 (SAME AS PREVIOUS LOCATION)

0001 31-MAR-2022 1 (SAME AS PREVIOUS LOCATION)

0001 30-APR-2022 1 (SAME AS PREVIOUS LOCATION)

0001 31-MAY-2022 1 (SAME AS PREVIOUS LOCATION)

0001 30-JUN-2022 1 (SAME AS PREVIOUS LOCATION)

0001 31-JUL-2022 1 (SAME AS PREVIOUS LOCATION)

0001 31-AUG-2022 1 (SAME AS PREVIOUS LOCATION)

0001 30-SEP-2022 1 (SAME AS PREVIOUS LOCATION)

0001 31-OCT-2022 1 (SAME AS PREVIOUS LOCATION)

0001 30-NOV-2022 1 (SAME AS PREVIOUS LOCATION)

1001 31-DEC-2022 1 (SAME AS PREVIOUS LOCATION)

1001 31-JAN-2023 1 (SAME AS PREVIOUS LOCATION)

1001 28-FEB-2023 1 (SAME AS PREVIOUS LOCATION)

1001 31-MAR-2023 1 (SAME AS PREVIOUS LOCATION)

1001 30-APR-2023 1 (SAME AS PREVIOUS LOCATION)

1001 31-MAY-2023 1 (SAME AS PREVIOUS LOCATION)

1001 30-JUN-2023 1 (SAME AS PREVIOUS LOCATION)

1001 31-JUL-2023 1 (SAME AS PREVIOUS LOCATION)

1001 31-AUG-2023 1 (SAME AS PREVIOUS LOCATION)

1001 30-SEP-2023 1 (SAME AS PREVIOUS LOCATION)

1001 31-OCT-2023 1 (SAME AS PREVIOUS LOCATION)

1001 30-NOV-2023 1 (SAME AS PREVIOUS LOCATION)

2001 31-DEC-2023 1 (SAME AS PREVIOUS LOCATION)

2001 31-JAN-2024 1 (SAME AS PREVIOUS LOCATION)

2001 29-FEB-2024 1 (SAME AS PREVIOUS LOCATION)

2001 31-MAR-2024 1 (SAME AS PREVIOUS LOCATION)

2001 30-APR-2024 1 (SAME AS PREVIOUS LOCATION)

2001 31-MAY-2024 1 (SAME AS PREVIOUS LOCATION)

2001 30-JUN-2024 1 (SAME AS PREVIOUS LOCATION)

2001 31-JUL-2024 1 (SAME AS PREVIOUS LOCATION)

2001 31-AUG-2024 1 (SAME AS PREVIOUS LOCATION)

2001 30-SEP-2024 1 (SAME AS PREVIOUS LOCATION)

2001 31-OCT-2024 1 (SAME AS PREVIOUS LOCATION)

2001 30-NOV-2024 1 (SAME AS PREVIOUS LOCATION)

3001 31-DEC-2024 1 (SAME AS PREVIOUS LOCATION)

3001 31-JAN-2025 1 (SAME AS PREVIOUS LOCATION)

3001 28-FEB-2025 1 (SAME AS PREVIOUS LOCATION)

3001 31-MAR-2025 1 (SAME AS PREVIOUS LOCATION)

3001 30-APR-2025 1 (SAME AS PREVIOUS LOCATION)

3001 31-MAY-2025 1 (SAME AS PREVIOUS LOCATION)

3001 30-JUN-2025 1 (SAME AS PREVIOUS LOCATION)

3001 31-JUL-2025 1 (SAME AS PREVIOUS LOCATION)

3001 31-AUG-2025 1 (SAME AS PREVIOUS LOCATION)

3001 30-SEP-2025 1 (SAME AS PREVIOUS LOCATION)

3001 31-OCT-2025 1 (SAME AS PREVIOUS LOCATION)

3001 30-NOV-2025 1 (SAME AS PREVIOUS LOCATION)

4001 31-DEC-2025 1 (SAME AS PREVIOUS LOCATION)

4001 31-JAN-2026 1 (SAME AS PREVIOUS LOCATION)

4001 28-FEB-2026 1 (SAME AS PREVIOUS LOCATION)

4001 31-MAR-2026 1 (SAME AS PREVIOUS LOCATION)

4001 30-APR-2026 1 (SAME AS PREVIOUS LOCATION)

4001 31-MAY-2026 1 (SAME AS PREVIOUS LOCATION)

4001 30-JUN-2026 1 (SAME AS PREVIOUS LOCATION)

4001 31-JUL-2026 1 (SAME AS PREVIOUS LOCATION)

4001 31-AUG-2026 1 (SAME AS PREVIOUS LOCATION)

4001 30-SEP-2026 1 (SAME AS PREVIOUS LOCATION)

4001 31-OCT-2026 1 (SAME AS PREVIOUS LOCATION)

4001 30-NOV-2026 1 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

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

CLAUSE(S) 52.212-4 - ADDENDUM TO 52.212-4

Amend Paragraph 52.212-4(a) to include - The contractor shall provide the following, and by returning a signed copy of your quote, the contractor affirms that its quote meets the eight (8) items:

(1) Electrical requirements voltage output of 240 VAC 50Hz or dual voltage 110/240 VAC 50/60Hz.

(2) Include appropriate power cord, 2-prong plug, male, German style (Schuko).

(3) Two paper copies and one electronic copy of Operator's Manual in English.

(4) Two paper copies and one electronic copy of Maintenance Manual in English.

(5) Display and control labels shall be in English.

(6) A Statement from vendor of the warranty terms and conditions in English.

(7) The delivered equipment shall be new and not a used or re-manufactured product.

(8) Statement from Vendor that the Equipment possesses or meets the FDA certification requirements or statement of 510K processing for compliance as required.

Paragraph 52.212-4(w) is hereby added:

(w) 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.

Funds are not presently available for this acquisition. No contract award will be made until appropriated funds are made available.

(End of Addendum)

CLAUSES INCORPORATED BY REFERENCE

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

(JUN 2020) -- Alternate I

OCT 1995

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

JUN 2020

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

AUG 2020

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

JUN 2020

52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2020 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 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 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

DEC 2013

52.233-1 Disputes MAY 2014 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 52.244-2 Subcontracts JUN 2020 52.244-6 Subcontracts for Commercial Items JUL 2021 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

JAN 2021

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.223-7001 Hazard Warning Labels DEC 1991 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7005 Identification Of Expenditures In The United States JUN 2005 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7041 Correspondence in English JUN 1997 252.225-7048 Export-Controlled Items JUN 2013 252.229-7002 Customs Exemptions (Germany) JUN 1997 252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012

CLAUSES INCORPORATED BY FULL TEXT

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

(a) Definitions. As used in this clause--

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

(End of clause)

52.217-9 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 15 calendar days prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 calendar 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 5 years.

52.222-50 COMBATING TRAFFICKING IN PERSONS (OCT 2020) ALTERNATE I (MAR 2015)

(a) Definitions. As used in this clause—

“Agent” means any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on behalf of the organization.

“Coercion” means—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(ii) Advertising;

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

(iv) Processing applications and petitions;

(v) Acquiring visas, including any associated fees;

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

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

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

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

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

(xi) Transportation and subsistence costs--

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

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

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

(xiii) Equipment charges.

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

(i) Paid in property or money;

(ii) Deducted from wages;

(iii) Paid back in wage or benefit concessions;

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

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

(A) Agents;

(B) Labor brokers;

(C) Recruiters;

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

(E) Subsidiaries/affiliates of the employer;

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

(G) Subcontractors at all tiers.

“Severe forms of trafficking in persons” means—

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

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

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

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

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

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

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

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

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

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

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

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

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

(6) Charge employees and potential employees recruitment fees;

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

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

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

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

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

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

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

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

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

(c) Contractor requirements. The Contractor shall—

(1) Notify its employees of—

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

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

Document Title Document may be obtained from: Applies to performance in/at:

Army in Europe Circular 190-24 Consolidated List of Off-Limits Areas, Establishments, Firms, Individuals, and Organizations https://www.aepubs.eur.army.mil/AE- Circulars/smdsearch9183/190-24/

Applies to performance in the United States European Command area of responsibility.

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

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

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

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

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

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

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

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

(2) Requiring the Contractor to terminate a subcontract;

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

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

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

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

(7) Suspension or debarment.

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

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

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

(g) Full cooperation.

(1) The Contractor shall, at a minimum—

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

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

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

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

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

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

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

(iii) Restrict the Contractor from—

(A) Conducting an internal investigation; or

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

(h) Compliance plan.

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

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

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

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

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

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

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

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

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

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

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

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

(4) Posting.

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

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

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

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

(ii) After having conducted due diligence, either—

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

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

(i) Subcontracts.

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

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

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

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

52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS (FEB 2021)

(a) Definitions. As used in this clause--

Foreign person means any person other than a United States person.

United States person, as defined in 26 U.S.C. 7701(a)(30), means--

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 7701(a)(31)); and

(5) Any trust if--

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) This clause applies only to foreign persons. It implements 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c)(1) If the Contractor is a foreign person and has only a partial or no exemption to the withholding, the Contractor shall include the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, with each voucher or invoice submitted under this contract throughout the period in which this status is applicable. The excise tax withholding is applied at the payment level, not at the contract level. The Contractor should revise each IRS Form W-14 submission to reflect the exemption (if any) that applies to that particular invoice, such as a different exemption applying. In the absence of a completed IRS Form W-14 accompanying a payment request, the default withholding percentage is 2 percent for the section 5000C withholding for that payment request. Information about IRS Form W-14 and its separate instructions is available via the internet at www.irs.gov/w14.

(2) If the Contractor is a foreign person and has indicated in its offer in the provision 52.229-11, Tax on Certain Foreign Procurements--Notice and Representation, that it is fully exempt from the withholding, and certified the full exemption on the IRS Form W-14, and if that full exemption no longer applies due to a change in circumstances during the performance of the contract that causes the Contractor to become subject to the withholding for the 2 percent excise tax then the Contractor shall--

(i) Notify the Contracting Officer within 30 days of a change in circumstances that causes the Contractor to be subject to the excise tax withholding under 26 U.S.C. 5000C; and

(ii) Comply with paragraph (c)(1) of this clause.

(d) The Government will withhold a full 2 percent of each payment unless the Contractor claims an exemption. If the Contractor enters a ratio in Line 12 of the IRS Form W-14, the result of Line 11 divided by Line 10, the Government will withhold from each payment an amount equal to 2 percent multiplied by the contract ratio. If the Contractor marks box 9 of the IRS Form W-14 (rather than completes Lines 10 through 12), the Contractor must identify and enter the specific exempt and nonexempt amounts in Line 15 of the IRS Form W-14; the Government will then withhold 2 percent only from the nonexempt amount. See the IRS Form W-14 and its instructions.

(e) Exemptions from the withholding under this clause are described at 26 CFR 1.5000C-1(d)(5) through (7). Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue.

(f) Taxes imposed under 26 U.S.C. 5000C may not be--

(1) Included in the contract price; nor

(2) Reimbursed.

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any DoD FAR Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (DEC 2019)

(a) Definitions. As used in this clause--

Adequate security means protective measures that are commensurate with the consequences and probability of loss, misuse, or…