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FBO DAILY - FEDBIZOPPS ISSUE OF JUNE 09, 2018 FBO #6042
SOLICITATION NOTICE

23 -- Ground Transportation Services

Notice Date

6/7/2018
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

485999 — All Other Transit and Ground Passenger Transportation
 

Contracting Office

Department of Health and Human Services, National Institutes of Health, Clinical Center/Office of Purchasing & Contracts, 6707 Democracy Blvd, Suite 106, MSC 5480, Bethesda, Maryland, 20892-5480
 

ZIP Code

20892-5480
 

Solicitation Number

HHSNCCOPC18007322
 

Point of Contact

Lynda Cole, Phone: 301-594-3111
 

E-Mail Address

Colelj@cc.nih.gov
(Colelj@cc.nih.gov)
 

Small Business Set-Aside

N/A
 

Description

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS General Information Document Type: Combined Solicitation/Solicitation Solicitation Number: HHSNCCOPC18007322 Posted Date: June 7, 2018 Original Response Date: June 26, 2018 NAICS Code: 485999/15M - Ground Transportation Services Set Aside: 100% Small Business Set-Aside Contracting Office Address Office of Purchasing and Contracts 6707 Democracy Boulevard Suite 106 Bethesda, MD 20892 Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, "Streamlined Procedures for Evaluation and Solicitation for Commercial Items," as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; being requested, and a written solicitation document will not be issued. This solicitation is a Request for Quotation. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-97-1, dated 05-31-2018. Performance Work Statement Background NIH Clinical Center The National Institutes of Health (NIH) Clinical Center is a 200-bed research hospital. The Clinical Center supports nearly 50% of all NIH funded general clinical research center beds in the nation, as well as over 25% of outpatient visits. In supporting approximately 1,600 active clinical research protocols, the Clinical Center admits patients from around the country and the world who participate in experimental treatments and studies at no charge. The vision of the Clinical Center is to serve as the nation's premier research hospital for conducting clinical research to improve the health of human kind. It also serves as a national resource for clinical research by developing diagnostic and therapeutic interventions, enhancing systems to ensure the safe, efficient, and ethical conduct of clinical research, training clinical researchers, and leading the response to the nation's public health needs. In 2005, the Mark O. Hatfield Clinical Research Center was opened. The state of the art facility is home to new inpatient units, day hospitals and research labs and connects to the existing Warren Grant Magnuson Clinical Center, which opened its doors to patients in 1953. Together, the Magnuson and Hatfield centers form the NIH Clinical Center, the world's largest clinical research complex, serving a dual role: providing humane and healing patient care, and an environment for clinical researchers to advance clinical science. The Clinical Center provides the NIH intramural researchers and limited extramural collaborators with physical infrastructure and medical expertise to perform groundbreaking and innovative clinical research. Of the 1,600 research protocols, approximately half are natural history studies, especially rare diseases, and the other half are mostly clinical trials, predominantly Phase I and Phase II, often first-in-human to test safety and efficacy and often are the first tests of new drugs and therapies. The majority of visits (e.g. inpatient admissions or outpatient visits) are planned. Patients and guardians may be authorized to receive transportation to and from NIH, local hospitals, hotels, local airports, and residences. Some of the local hospitals that NIH partners with for services are: Walter Reed National Military Medical Center, Washington Hospital Center, Johns Hopkins Suburban Hospital and Children's National Medical Center. Some of these patients may also require transport of oxygen, etc. which is also arranged upon request. The term patient will be used to refer to research protocol participants throughout this document. 2. SCOPE OF WORK This Performance Work Statement is for the National Institutes of Health (NIH) Clinical Center Patient Transportation Services requirement. The objective is to provide high quality ground transportation services for patients and their guardians/caregivers and family members. The goal of the Patient Transportation contract is to transport patients and their guardians/caregivers/family members to and from the NIH Clinical Center, local airports, local hotels, hospitals, The Children's Inn and Safra Lodge on the NIH campus, and residences within the Washington, D.C. metropolitan area. Transportation services for medical equipment (i.e. oxygen) and other materials are covered by this contract. The Contractor shall deliver cost effective and quality transport services. Performance objectives will be established by the Government for the Contractor in the fulfillment of these requirements. The acquisition of transportation services for patients/guardians/caregivers/family members is not a new project. It has been ongoing with various vendors since 1975. 3. WORK TO BE PERFORMED A. General Requirements It is anticipated that there will be one or more contracts awarded to cover all jurisdictions in the Metropolitan/Washington, D.C. area for patient transportation services. The services specified herein shall include Montgomery County, Prince George's County, Howard County, Anne Arundel County, Northern Virginia, (is inclusive of all counties and municipalities) Baltimore County, and Washington, D.C. Most trips will originate or end at the NIH Clinical Center, the Children's Inn, or the Safra Family Lodge, located on the NIH campus. There are patients who may require transportation from their home address in the Washington D.C. Metropolitan area, to a medical facility in Washington, D.C. or from one of the local airports to a local hotel. B. Description of Technical Requirements The contractor(s) shall provide passenger service twenty-four (24) hours a day, seven (7) days a week, three hundred sixty five (365) days a year for the National Institutes of Health (NIH), Clinical Center, Building 10, Bethesda, Maryland, 20892. This service will be operational 365 days a year to include all Federal Holidays and other Government closures e.g., Government shutdowns and inclement weather. The Contractor shall comply with all applicable regulations for the jurisdiction(s) where the Contractor is licensed. 1. Authorized Pickups: The Contractor(s) shall provide transportation services for patients/guardians/caregivers/family members only when authorized by the Government. The Government can request a specific driver, however, all arrangements for transportation with the individual drivers will be from an NIH representative directly with the Contractor. a. Contractor(s) shall transport patients/guardians ONLY to authorized locations. Additional stops or detours shall not be authorized without prior approval. b. Patients MUST be dropped off at the front doors of the NIH hospital entrance, Safra Family Lodge, or Children's Inn. Patients are NOT to be dropped off at a NIH campus gate. c. Patients are allowed to request a particular driver assigned to the Contractor; however, all assignments shall be made through the Contractor. Patients may not make arrangements directly with the Contractor or individual drivers, unless authorized in advance by the Government. Authorizations are made on a per-trip basis. 2. Local Transportation: Passengers shall be transported within the Washington, D.C. Metropolitan area, including BWI, Reagan National and Dulles airports. 3. Transportation of Items: In addition, the contractor shall provide transportation of small apparatus equipment (i.e., O2 cylinders), specimens (lab specimens to be transported to another facility), medications, and other materials as requested by the Contracting Officer Representative (COR) or designee, i.e., NIH Transportation Staff and/or NIH Clinical Center Admission Staff. Notification and special handling procedures will be given to the contractor prior to pick up. 4. Additional Charges: Additional charges shall be limited to those unforeseen circumstances requiring re-routing such as fire, accidents, road repairs, inclement weather, etc. The Contractor shall notify the NIH Transportation Office, or the Admissions Office after-hours, as soon as the delay is known. The NIH Transportation Office is open Mon-Fri, 7 am - 7pm and Sunday, 9 am - 5 pm and can be reached at 301-496-1161. This number will automatically transfer to the Admissions Office (after hours, Saturdays, and holidays). Only delays authorized by the Government shall be paid by the Government. a. Contractor will not be reimbursed for extra charges/fees for wait times without prior Government approval. b. Contractor shall provide an electronic trip receipt, driver identification, hours of service, total cost of trip, mileage, and indicate any pertinent facts justifying the request for excess mileage. Verbal authorization for excess mileage must be received, in advance. 5. Jurisdiction Compliance: All services provided under this contract shall comply with all the applicable regulations for all the Washington, D. C. Metropolitan jurisdictions the Contractor provides passenger transportation services. 6. Contact Information: The Contractor shall provide a point of contact and phone number for the Government to contact for troubleshooting and complaints 24 hours a day, 7 days a week 7. Drivers: All drivers under this contract should display or have in possession appropriate ID and need to be fit for duty. The drivers should exhibit professional manner and must not smoke while transporting patients/guardians/caregivers/family members. 8. Vehicle Reliability: The Contractor shall meet inspection certification requirements based on the specified jurisdictions for all vehicles for reliability and safety prior to award. When the contract is first awarded, the Contractor shall delineate the number, age and type of vehicles that will be utilized for this contract. Submission of the certificate shall be provided within three days after award. 9. Specially Equipped Vehicles: The Contractor shall have specially equipped vehicles for passengers with physical disabilities that meet American with Disabilities Act requirements. As part of the service request process, the designated Government official shall notify the Contractor when these vehicles are required for the transport of patients to or from the Clinical Center. 10. Annual Drug Testing: The Contractor shall be responsible for annual driver drug testing. Drivers failing to satisfactorily pass drug testing shall not be permitted to drive under this contract. Drug testing is the responsibility of the Contractor and will be at no charge to the Government. The Contractor shall have proof of drug testing on file and have available upon request. The Contractor shall notify the Government, in writing, when drivers have been removed from the contract. 11. Direct Route of Travel: The Contractor(s) shall provide the most economical means of transportation by the most direct route of travel possible that shall result in the lowest mileage between point of pickup and destination. 12. Assisting Passengers: The drivers shall provide assistance for passengers who may need minimal assistance getting in and out of a vehicle and assist with any luggage. 13. Back-up reservation system: The Contractor(s) shall have a back-up process for making reservations, if the main system (telephone or electronic reservation system) is not working. Procedures The Clinical Center will arrange for either a scheduled trip or request same-day on-demand service. The majority of the trips will be scheduled, in advance. All requests for authorized transportation services will be arranged through the Contractor by agreed upon method(s). 1. Types of Trips: Scheduled trips The designated Clinical Center staff (NIH Transportation Staff/Admission Staff) will provide notification of all scheduled pickups to the Contractor, the day or night prior to the trip. For all scheduled pickups the driver shall arrive at the designated address before or at the scheduled time. It is extremely important that the Contractor meet the on-time performance requirement for scheduled trips. Any delays in scheduled trips shall be approved, in advance. Transportation services are scheduled, in advance, to ensure that patients arrive on time to make scheduled appointments. Any delays in patients arriving for their appointments may result in scheduled tests, procedures, surgeries, etc. being cancelled and this may also have a significant impact on the research study. Same-day service Upon receiving a call for same day service, the transport vehicle will arrive at the destination within 30 minutes of the call. It will be considered a late pickup if the driver arrives 45 minutes or later at the designated pickup location after receiving the call. The Contractor shall provide the Government a confirmation number for all (1) scheduled and (2) same-day requests. The meter for all trips should start when the passenger gets in the vehicle. In the event, that the passenger is late for the scheduled pick-up time, the driver can start the meter at the time of scheduled pick-up time and MUST contact the NIH Transportation Office or Admissions at 301-496-1161 to obtain authorization for any wait time. 2. Vouchers: Upon arrival at the Clinical Center, the drivers will sign a government payment voucher, copies of which will be retained by them. During normal working hours (Monday-Friday, 7 am - 7 pm and Sundays 9 am - 5 pm) the vouchers will be available at the NIH Transportation Desk, located at the main entrance (North Lobby) of the Clinical Center. After hours, Saturdays, and holidays, the vouchers will be available at the Admissions Desk located on the first floor of the NIH Clinical Center. The drivers will then submit the payment vouchers to the Contractor, and the Contractor will send a weekly invoice, itemized by trip, to the Clinical Center for payment. (Refer to Invoice Requirements section) 3. Stopovers (Additional Destinations): Each request for transportation services shall be to a specified destination(s) without any additional stops, unless authorized by the NIH Transportation or Admissions Office staff when arranging the trip. 4. Delays: If the contractor(s) is experiencing delays in meeting the transportation request(s), the dispatcher or driver is to immediately notify the NIH Transportation or Admissions Desk staff at the Clinical Center, 301-496-1161, and let them know the expected time of arrival. 5. Authorized Passengers Only: The Contractor(s) shall instruct all drivers performing the service that they are prohibited from picking up other passengers when transporting patients/guardians or any medical equipment/items. Government Medical Staff authorized to accompany the patients to their destination shall be covered for a round trip. 6. Tips: The patients and/or their families who have been authorized for the service under this contract are not expected to tip or be charged for the trip. Drivers may not ask for or accept tips. 7. Unexpectedly Ill Patient: In the event that a patient is suddenly ill in the vehicle, the driver shall: • Call the NIH Transportation Desk or Admission staff at 301-496-1161 prior to delivering the patient to the designated location. 8. Accidents: The Contractor must notify the Contracting Officer Representative of any accidents that occur while transporting passengers under this contract, as soon as Contractor is made aware. 9. Driver credentials and photo ID: All drivers must have in their possession a valid driver's license and any other licenses required by regulation for driving passengers for commercial purposes. Drivers must show IDs when entering the NIH campus and also at the Walter Reed Military Medical Center. 10. Contractor(s) shall access the NIH campus seven (7) days a week using the West Drive patient entrance between the hours of 6 am - 10 pm or the Commercial Vehicle Inspection Facility (CVIF) after-hours. Contractor(s) will comply with the required vehicle and security check and will not bring items prohibited by Federal law (alcoholic beverages and open containers of alcohol, firearms, explosives, archery equipment, dangerous weapons, knives with blades over 2 ½ inches) onto the NIH campus. Period of Performance This requirement covers the period of September 28, 2018 through September 27, 2019 with four (4) one-year option periods to extend the term of the contract. Option Year One September 28, 2019 thru September 27, 2020, Option Year Two September 28, 2020 thru September 27, 2021, Option Year Three September 28, 2021 thru September 27, 2022, Option Year Four September 28, 2022 thru September 27, 2023. The Government reserves the right to not exercise the option period if they are not satisfied with the work performance. Quality Control/Performance Monitoring The Contractor shall be required to establish and maintain a Quality Control Plan to assure the requirements of this contract are provided as specified. A copy of the Quality Control Plan will be submitted with the proposal. The contractor is expected to comply with the Performance Objective and Standards 100% percent of the time. The Contractor and the Contracting Officer Representative will review performance of the services for timing, reporting, and customer service under the terms and conditions of the contract. This shall be accomplished through quarterly status/progress meetings between the NIH Clinical Center personnel responsible for managing and administering this contract (Contracting Officer and Contracting Officer Representative). Problems/difficulties shall be conveyed immediately by contract users to the Contracting Officer Representative of the Patient Support Services Department who will provide immediate notification to the Contracting Officer. Recommended solutions shall be discussed and mutually agreed to between the Government and the Contractor. The Contracting Officer shall be kept fully informed of any contract performance problems so that appropriate actions may be taken. Progress review of the problems/difficulties and recommended resolutions shall be discussed at the quarterly meetings. The Government reserves the right upon receipt of invoice to withhold payment until problems encountered such as late pick-up or conflicts in billing are resolved. Accurate and valid supporting documentation must be submitted by the Contractor to make sure all charges are correct. Privacy Act Compliance The patient has the right to privacy concerning their medical care. The patient has the right to expect that all communications and records pertaining to their care are treated as confidential. All information pertaining to specific Clinical Center patients is protected from unauthorized use or disclosure by the Privacy Act of 1974. Any patient data identified/utilized/transmitted will be subject to the Privacy Act and confidentiality requirements under which the Clinical Center operates. The Service Provider's employees shall agree to comply with the provisions of the Privacy Act of 1974. Violation of the Act may involve the imposition of criminal penalties. Confidentiality of Information Clause (HHSAR 352.224-70) will be included in the resultant contract. The contractor must comply with the requirements of the HHS AISPP Handbook, Version 2.0 regarding confidentiality of information. (Handbook is available at http://irm.cit.nih.gov/policy/aissp.html). Invoice Requirements A contract number shall be given to the contractor by the Government upon award of the contract. The Contractor shall submit weekly invoices itemized by trip with the following information: A paper copy of the invoice with the following information: 1. Contractor name, address, and contact information 2. DUNS # 3. NIH Contract # 4. Invoice # 5. Invoice Date Range 6. Invoice Total Amount 7. Supporting Documentation 1) A government voucher for each trip 2) A metered receipt with the trip cost (A handwritten, legible receipt should be submitted only in rare cases) 3) Documentation of any additional fees with an explanation 4) A Government voucher for each trip, sorted in the same order as the trips listed on the invoice 8. An electronic copy of the invoice in Excel should be submitted at the same time as the paper documents are sent. The electronic version should be send to all three individuals below: o Karen Kaczorowski, Contracting Officer Representative, at kkaczoro@cc.nih.gov o Rebecca Dove, Alternate Contracting Officer Representative, at rdove@cc.nih.gov o Michael Delostrinos, Administrative Officer, at delostrinosmd@mail.nih.gov This document should include the following at the top of the spreadsheet: 1) Contractor name, address, and contact information 2) DUNS # 3) NIH Contract # 4) Invoice # 5) Invoice Date Range 6) Invoice Total Amount 9. The Excel spreadsheet will contain the following headers (in this order): 1) Date of Service 2) Pick-up Time 3) Drop-off Time 4) Passenger First Name 5) Passenger Last Name 6) NIH CAN (7 numbers - do not include any year prefix or dashes) 7) Government Voucher # 8) Trip Cost (not including any additional fees) 9) Additional Fees 10) Description of Type of Fee (example: 1 hour wait time) 11) Administrative Fee 12) Total Cost of Trip 13) Driver # 14) Car # The trips on the Excel spreadsheet should be subtotaled by CAN with a grand total at the end of the document (1) The contractor shall submit the original and a copy of the invoices concurrently as follows: a. An original invoice with the government vouchers and trip receipts to the Contract Officer Representative at: Karen Kaczorowski, COR National Institutes of Health Clinical Center Patient Support Services Department 10 Center Drive, MSC 1174 Building 10, Room 1-5649 Bethesda, Maryland 20892 Or the Alternate Contract Officer Representative at: Rebecca Dove, Alternate COR National Institutes of Health Clinical Center Patient Support Services Department 10 Center Drive, MSC 1174 Building 10, Room 1-5649 Bethesda, Maryland 20892 Inquiries regarding payment of the invoices should be directed to the Office of Purchasing and Contracts payment office at (301) 594-3111. PERFORMANCE REQUIREMENTS When a scheduled pickup is requested and the driver is one (1) hour or more late picking up a patient on more than 5 occurrences, the contractor shall be notified by the Contracting Officer in writing of a performance plan that will be enforced for 60 days to correct contractor compliance. PERFORMANCE OBJECTIVE STANDARD METHOD OF SURVEILLANCE 1. Arrive on time for scheduled pick-up times Passengers are to be picked-up on-time for all scheduled trips 100% of the time Customer complaints 2. Transportation is provided within 30 minutes for on-demand trips No more than one (1) instance of 30 minute standard not met per month Customer complaints 3. Any accidents and other patient safety incidents are reported immediately No more than one (1) instance per quarter. Customer complaints 4. Invoices submitted timely and correctly Invoices should not require any major revisions 100% inspection 5. Qualifications of Drivers • One Year of Professional Passenger Driving Experience • Valid driver's license Customer complaints 6. Customer Service Response Respond to all customer service complaints/concerns from the Contracting Officer Representative, Alternate Contracting Officer Representative, or Contracting Officer within 24hrs or next business day. Validate responses received within this timeframe. FACTORS FOR TECHNICAL EVALUATION The Government will award a contract resulting from this solicitation to the responsible offeror(s) whose offer confirming to the solicitation will be most advantageous to the Government, technical capability, past performance and price considered. The following factors will be used to evaluate offers: Each factor will be scored using a points system with the maximum number of points an offer can achieve of 100 points. Each proposal is evaluated using the same standards. 1. Understanding the Requirement and Technical Approach - 80 Points The offeror shall provide detailed documentation to clearly show your company's Technical Capability to perform the services outlined in the Performance Work Statement. Each element in the PWS must be addressed, including the following: a. The Offeror shall describe their selection process for drivers and describe their program highlighting customer service and professionalism. b. Describe if any, your training program and certification requirement of drivers. c. Describe the number, make, model, and year of vehicles in fleet and how many are wheel-chair accessible vehicles. d. Describe how vehicles are maintained for safety and appearance. e. Describe, in detail, your reservation process and how drivers will be assigned for trips that are: (1) scheduled in advance or (2) on-demand requests. f. Describe your contingency plan for continuation of services in the event the trip reservation system is down, there is a vehicle breakdown, inclement weather, natural disaster, or other emergency situations. g. Describe the type of driver records maintained by the Contractor. h. Describe ability to perform the services according to commercial standards in compliance with State and Federal laws and regulations and describe the commercial standards that you comply with. i. Provide detailed documentation to clearly show your company's quality control assurance surveillance plan tailored toward meeting the requirements of this solicitation, which will ensure prompt and quality service. Include communication plan to address complaints that may be brought to your attention by the Contracting Officer or Contracting Officer Representative. j. Describe your understanding of the invoice process and reporting requirements for trip information. k. Demonstrate ability to meet financial liability. The offeror shall provide a copy of the offeror's current insurance certificate(s) requirements for "Liability". 2. Past Performance - 15 Points a. Offerors will be required to submit a list of references and contracts completed during the past three years and a list of all contracts currently in process. b. Past Performance will be evaluated from a business and technical standpoint to determine the relative merits of the proposal. The performance of the Offeror on earlier work for the Government or the private sector will be a very significant indicator of how well the Offeror can be expected to perform the required services. The information presented by the Offeror together with what is available from sources within the Government will provide the information for this portion of the technical evaluation. c. The Government will evaluate the quality of the offeror's past performance based on the information obtained from references provided by the offeror, as well as other relevant past performance information obtained from other sources known to the Government. d. Offerors shall be evaluated on their (1) record of conforming to specifications and to standards; (2) adherence to contract schedules, including the administration aspects of performance; (3) reputation for reasonable and cooperative behavior and commitment to customer satisfaction; (4) business-like concern for the interests of the customer; (5) experience in transporting hospital patients; (6) past demonstration meeting pickup times; (7) number of wheelchair accessible vehicles; (8) number of vehicles servicing the NIH area; (9) number of vehicles dedicated to the contract; and (10) courtesy and professionalism of staff. e. The Government is seeking to determine whether the offeror has consistently demonstrated a commitment to customer satisfaction and timely delivery of services at fair and reasonable prices. The assessment of the offeror's past performance will be used as a means of evaluating the relative capability of the offeror and other competitors. 3. Pricing Information - 5 Points a. Offerors shall provide standard mileage rates and all applicable fees/surcharges. Please provide specific information on rates to include if the rates will change during certain circumstances and identify each fee/surcharge by type and when it would be added to the standard trip rate. This should include any administrative fee. The Government reserves the right to deduct points if the proposed pricing method is determined to be excessive. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Unrealistically low or high proposed prices, initially or subsequently, may be grounds for eliminating a proposal from competition either on the basis that the offer does not understand the requirement or the offeror has provided an unrealistic price. Written documentation required is as follows: Contract Description Information: Contractor's Cage Code, Duns Number and TIN Number; Point of Contact (POC) (Name. and current address, e-mail address, and telephone and fax numbers); Contracting activity/Administration and current address; QUESTION DEADLINE: All question request for NIH are to be submitted via email to Lynda Cole at Colelj@cc.nih.gov by June 18, 2018 1:00 pm EST. All questions and responses will be posted in Fedbizopps.gov via amendment by June 21, 2018. QUOTATIONS DUE: All quotations are due, no later than, 9:00 am, EST on June 26, 2018. The solicitation does not commit the Government to pay any cost for the preparation and submission of a quote or proposal. The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html. The following solicitation provisions apply to this acquisition FAR 52.212-1, "Instructions to Offerors-Commercial Items" 1. FAR 52.212-3, "Offerors Representations and Certifications-Commercial Items" (Nov 2017) Offerors must complete annual representations and certifications on-line at http://orca.bpn.gov in accordance with FAR 52.212-3, "Offerors Representations and Certifications-Commercial Items." If paragraph (j) of the provision is applicable, a written submission is required. The following contract clauses apply to this acquisition: • FAR 52.212-4, "Contract Terms and Conditions-Commercial Items" (JAN 2018) • FAR 52.212-5, "Contract Terms and Conditions Required to Implement Statutes or Executive Orders" (Jan 2018) • FAR 52.217-9, " Option to extend Term of the Contract" (MAR 2000) 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 Option Year period of performance as long as the Government gives the Contractor a preliminary written notice of its intent to extend at least _30_ 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). • FAR 52.217-8 " Option to extend Services" (NOV1999) The following subparagraphs of FAR 52.212-5 are applicable: Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items (Jan 2018) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (3) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (4) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] _x_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) __ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) [Reserved]. __ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). __ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note). __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). __ (10) [Reserved]. __ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (ii) Alternate I (Nov 2011) of 52.219-3. __ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (ii) Alternate I (Jan 2011) of 52.219-4. __ (13) [Reserved] _x_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). __ (ii) Alternate I (Nov 2011). __ (iii) Alternate II (Nov 2011). __ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. __ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)). __ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Nov 2016) of 52.219-9. __ (iii) Alternate II (Nov 2016) of 52.219-9. __ (iv) Alternate III (Nov 2016) of 52.219-9. __ (v) Alternate IV (Nov 2016) of 52.219-9. __ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). __ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)). __ (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). __ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). __ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). __ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). _x_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _x_ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126). _x_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _x_ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). _x_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212). _x_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). _x_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). _x_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _x_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). __ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). _x_ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). __ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). __ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Oct 2015) of 52.223-13. __ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-14. __ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). __ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16. _x_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). __ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). __ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693). __ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). __ (ii) Alternate I (JAN 2017) of 52.224-3. __ (46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). __ (47)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. __ (ii) Alternate I (May 2014) of 52.225-3. __ (iii) Alternate II (May 2014) of 52.225-3. __ (iv) Alternate III (May 2014) of 52.225-3. __ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _x_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). __ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). _x_ (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). _x_ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)). __ (60)(i) 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). __ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). __ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). __ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). __ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). __ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). __ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). __ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). __ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) 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. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) 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 (Oct 2015) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) (vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (x) 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. (xi) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (xii) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627). (xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). (xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). (xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989). (xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xvii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). (xviii)(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3. (xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxi) 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) Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause." Alternate II (Nov 2017). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows: (d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to- (i) Examine any of the Contractor's or any subcontractors' records that pertain to, and involve transactions relating to, this contract; and (ii) Interview any officer or employee regarding such transactions. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than- (i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and (ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (A) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (C) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (D) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (E) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (F) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (G) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (H) 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. (I) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (J) ___(1) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). ___(2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627). (K) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). (L) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). (M) 52.222-54, Employment Eligibility Verification (Oct 2015) (Executive Order 12989). (N) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (O) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (P)(1)52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (2)Alternate I (Jan 2017) of 52.224-3. (Q) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note) (R) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (S) 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. 52.213-1 Fast Payment Procedure. As prescribed in 13.404, insert the following clause: Fast Payment Procedure (May 2006) (a) General. The Government will pay invoices based on the Contractor's delivery to a post office or common carrier (or, if shipped by other means, to the point of first receipt by the Government). (b) Responsibility for supplies. (1) Title to the supplies passes to the Government upon delivery to- (i) A post office or common carrier for shipment to the specific destination; or (ii) The point of first receipt by the Government, if shipment is by means other than Postal Service or common carrier. (2) Notwithstanding any other provision of the contract, order, or blanket purchase agreement, the Contractor shall- (i) Assume all responsibility and risk of loss for supplies not received at destination, damaged in transit, or not conforming to purchase requirements; and (ii) Replace, repair, or correct those supplies promptly at the Contractor's expense, if instructed to do so by the Contracting Officer within 180 days from the date title to the supplies vests in the Government. (c) Preparation of invoice. (1) Upon delivery to a post office or common carrier (or, if shipped by other means, the point of first receipt by the Government), the Contractor shall- (i) Prepare an invoice as provided in this contract, order, or blanket purchase agreement; and (ii) Display prominently on the invoice "FAST PAY." Invoices not prominently marked "FAST PAY" via manual or electronic means may be accepted by the payment office for fast payment. If the payment office declines to make fast payment, the Contractor shall be paid in accordance with procedures applicable to invoices to which the Fast Payment clause does not apply. (2) If the purchase price excludes the cost of transportation, the Contractor shall enter the prepaid shipping cost on the invoice as a separate item. The Contractor shall not include the cost of parcel post insurance. If transportation charges are stated separately on the invoice, the Contractor shall retain related paid freight bills or other transportation billings paid separately for a period of 3 years and shall furnish the bills to the Government upon request. (3) If this contract, order, or blanket purchase agreement requires the preparation of a receiving report, the Contractor shall either- (i) Submit the receiving report on the prescribed form with the invoice; or (ii) Include the following information on the invoice: (A) Shipment number. (B) Mode of shipment. (C) At line item level- (1) National stock number and/or manufacturer's part number; (2) Unit of measure; (3) Ship-To Point; (4) Mark-For Point, if in the contract; and (5) FEDSTRIP/MILSTRIP document number, if in the contract. (4) If this contract, order, or blanket purchase agreement does not require preparation of a receiving report on a prescribed form, the Contractor shall include on the invoice the following information at the line item level, in addition to that required in paragraph (c)(1) of this clause: (i) Ship-To Point. (ii) Mark-For Point. (iii) FEDSTRIP/MILSTRIP document number, if in the contract. (5) Where a receiving report is not required, the Contractor shall include a copy of the invoice in each shipment. (d) Certification of invoice. The Contractor certifies by submitting an invoice to the Government that the supplies being billed to the Government have been shipped or delivered in accordance with shipping instructions issued by the ordering officer, in the quantities shown on the invoice, and that the supplies are in the quantity and of the quality designated by the contract, order, or blanket purchase agreement. (e) FAST PAY container identification. The Contractor shall mark all outer shipping containers "FAST PAY" When outer shipping containers are not marked "FAST PAY," the payment office may make fast payment. If the payment office declines to make fast payment, the Contractor shall be paid in accordance with procedures applicable to invoices to which the Fast Payment clause does not apply. (End of clause) 52.213-2 Invoices. As prescribed in 13.302-5(b), insert the following clause: Invoices (Apr 1984) The Contractor's invoices must be submitted before payment can be made. The Contractor will be paid on the basis of the invoice, which must state- (a) The starting and ending dates of the subscription delivery; and (b) Either that orders have been placed in effect for the addressees required, or that the orders will be placed in effect upon receipt of payment. (End of clause) 52.213-3 Notice to Supplier. As prescribed in 13.302-5(c), insert the following clause: Notice to Supplier (Apr 1984) This is a firm order ONLY if your price does not exceed the maximum line item or total price in the Schedule. Submit invoices to the Contracting Officer. If you cannot perform in exact accordance with this order, Withhold Performance, and notify the Contracting Officer immediately, giving your quotation. (End of clause) 52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items). As prescribed in 13.302-5(d), insert the following clause: Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items) (Jan 2018) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference: (1) The clauses listed below implement provisions of law or Executive order: (i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (ii) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755). (iii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (iv) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (v) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). (vi) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (vii) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78 (19 U.S.C. 3805 note)). (2) Listed below are additional clauses that apply: (i) 52.232-1, Payments (Apr 1984). (ii) 52.232-8, Discounts for Prompt Payment (Feb 2002). (iii) 52.232-11, Extras (Apr 1984). (iv) 52.232-25, Prompt Payment (Jan 2017). (v) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013). (vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) (vii) 52.233-1, Disputes (May 2014). (viii) 52.244-6, Subcontracts for Commercial Items (Nov 2017). (ix) 52.253-1, Computer Generated Forms (Jan 1991). (b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply: (1) The clauses listed below implement provisions of law or Executive order: (i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at $30,000 or more). (ii) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold.) (iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (May 2014) (41 U.S.C. chapter 65) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands). (iv) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212) (applies to contracts of $150,000 or more). (v) 52.222-36, Equal Employment for Workers with Disabilities (Jul 2014) (29 U.S.C. 793) (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, "United States" includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.) (vi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)(Applies to contracts of $150,000 or more). (vii) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf). (viii)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627) (Applies to all solicitations and contracts). (B) Alternate I (Mar 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies). (ix) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)). (x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.)) (xi) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011) (E.O. 13423) (Applies to services performed on Federal facilities). (xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)). (xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners). (xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP)) will be- (A) Delivered; (B) Acquired by the Contractor for use in performing services at a Federally-controlled facility; (C) Furnished by the Contractor for use by the Government; or (D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance). (xv) 52.223-20, Aerosols (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices). (xvi) 52.223-21, Foams (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities. (xvii) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition- (A) Is set aside for small business concerns; or (B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000). (xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States). (xix) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) database as its source of EFT information). (xx) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information). (xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. App. 1241) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d)). (2) Listed below are additional clauses that may apply: (i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system. (ii) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (Applies to contracts over $35,000). (iii) 52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies). (iv) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin). (v) 52.247-34, F.o.b. Destination (Nov 1991) (Applies to supplies if delivery is f.o.b. destination). (c) FAR 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): ________________________________________________ ________________________________________________ [Insert one or more Internet addresses] (d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights- (1) Within a reasonable period of time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided. (g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. All quoters shall submit a quotation which addresses all elements of the Performance Work Statement, includes one copy. All quotations shall be forwarded to Contract Specialist Lynda Cole 6707 Democracy Boulevard, Suite 106, Bethesda, MD 20892. [Electronic copies preferred addressed to Colelj@cc.nih.gov. This is an open-market combined synopsis/solicitation for services as defined herein. The government intends to award a purchase order as a result of this combined synopsis/solicitation that will include the terms and conditions set forth herein. To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows: "The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition." Submission shall be received not later than June 26, 2018 at 9 a.m. est at 6707 Democracy Boulevard, Suite 106, Bethesda, MD 20892. Electronic mail submissions will be accepted. Please reference solicitation number HHSNCCOPC18007322 on all offer documentation. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f). Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Contract Specialist-Lynda Cole 6707 Democracy Boulevard, Suite 106 Bethesda, MD 20892, Colelj@cc.nih.gov. All questions and responses will be posted in FedBizopps.gov via amendment by June 21, 2018. Point of Contact Lynda Cole Contract Specialist 301-594-3111 phone 301-594-5920 fax Colelj@cc.nih.gov
 

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