PRESOL | G | MORTUARY SERVICES - COPY OF SYNOPSIS

FBO DAILY ISSUE OF NOVEMBER 18, 2012 FBO #4012
SOLICITATION NOTICE

G -- MORTUARY SERVICES - COPY OF SYNOPSIS

Notice Date: 11/16/2012
Notice Type: Combined Synopsis/Solicitation
NAICS: 812220 — Cemeteries and Crematories
Contracting Office: Other Defense Agencies, TRICARE Management Activity, USUHS CONTRACTING OFFICE, 4301 JONES BRIDGE ROAD, Bethesda, Maryland, 20814-4799, United States
ZIP Code: 20814-4799
Solicitation Number: HT9404-13-R-0002
Point of Contact: Christina Johnson, Phone: 301-295-3069, Zamora Olin, Phone: 301-295-3922
E-Mail Address: chrisitna.johnson@usuhs.edu, Zamora.Olin@usuhs.edu
(chrisitna.johnson@usuhs.edu, Zamora.Olin@usuhs.edu)
Small Business Set-Aside: Total Small Business
Description: COPY OF SYNOPSIS This requirement is set-aside for small businesses. The Uniformed Services University of the Health Sciences (USUHS), located on the Walter Reed National Military Medical Center (WRNMMC), Bethesda, MD, intends to solicit a licensed mortuary provider for the care and handling of deceased donors for the USUHS Anatomical Gift Program. These services include but are not limited to the transportation, cremation, and related expenses associated with the Anatomical Donation. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued. The solicitation number is HT9404-13-R-0002, and it is being issued as a Request for Proposal (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-61, effective October 15, 2012. E-mail or mailed proposals are acceptable. Facsimile proposals will not be accepted. In accordance with FAR Subpart 16.4, this is a firm-fixed price contract. This requirement is unrestricted and will be competed as full and open competition. The following NAICS code applicable is 812210, Funeral Homes and Funeral Services, with a size standard of $7.0 million. I. Price Schedule: The contractor shall furnish all required materials, equipment, documentation and transportation listed herein to accomplish the mortuary services required for the Uniformed Services University of the Health Sciences. Services shall be performed in accordance with the statement of work as set forth in this solicitation. Price Schedule: The contractor should provide pricing as set up below: Contract Line Number (CLIN), description, and unit of issue. **The amounts listed are estimated amounts anticipated to be ordered throughout the performance of the contract. The Government reserves the right to increase quantities. ** BASE YEAR CLIN 0001 - USUHS Anatomical Gift Program Services CLIN 0001AA - Transfer of cadavers to USUHS 100 EA tiny_mce_marker________________ CLIN 0001AB - Temporary shelter of cadavers 4 EA tiny_mce_marker________________ CLIN 0001AC - Next day delivery from 12 EA tiny_mce_marker________________ mortuary to USUHS CLIN 0002 - Maryland State Anatomy Board (MSAB) Services CLIN 0002AA - Transfer of cadavers, anatomical 200 EA $ ________________ Material (e.g., upper torso), organs (e.g., brain) between MSAB and USUHS CLIN 0002AB - Transfer of cadavers from USUHS 50 EA tiny_mce_marker________________ to crematory CLIN 0003 - Cremation CLIN 0003AA - Direct cremation 30 EA tiny_mce_marker________________ CLIN 0003AB - Handling and registered mailing 4 EA tiny_mce_marker________________ of remains CLIN 0004 - Other Mortuary Services CLIN 0004AA - Washington, DC Medical 30 EA tiny_mce_marker________________ Examiner's fee for anatomical donation or cremation CLIN 0004AB - VA Medical Examiner's fee for 10 EA tiny_mce_marker________________ anatomical donation or cremation CLIN 0004AC - VA transit permit 10 EA tiny_mce_marker________________ CLIN 0004AD - Obtaining Death Certificate 50 EA tiny_mce_marker________________ CLIN 0004AE - Refrigeration (24 hour period 60 EA tiny_mce_marker________________ or fraction of) CLIN 0004AF - After hour Death Call 24 EA tiny_mce_marker________________ CLIN 0004AG - Obtaining Vital Statistics 12 EA tiny_mce_marker________________ CLIN 0004AH - Vascular Flush 50 EA tiny_mce_marker________________ CLIN 0004AI - Arterial Embalming 50 EA tiny_mce_marker________________ OPTION YEAR I CLIN 1001 - USUHS Anatomical Gift Program Services CLIN 1001AA - Transfer of cadavers to USUHS 100 EA tiny_mce_marker________________ CLIN 1001AB - Temporary shelter of cadavers 4 EA tiny_mce_marker________________ CLIN 1001AC - Next day delivery from 12 EA tiny_mce_marker________________ mortuary to USUHS CLIN 1002 - Maryland State Anatomy Board (MSAB) Services CLIN 1002AA - Transfer of cadavers, anatomical 200 EA $ ________________ Material (e.g., upper torso), organs (e.g., brain) between MSAB and USUHS CLIN 1002AB - Transfer of cadavers from USUHS 50 EA tiny_mce_marker________________ to crematory CLIN 1003 - Cremation CLIN 1003AA - Direct cremation 30 EA tiny_mce_marker________________ CLIN 1003AB - Handling and registered mailing 4 EA tiny_mce_marker________________ of remains CLIN 1004 - Other Mortuary Services CLIN 1004AA - Washington, DC Medical 30 EA tiny_mce_marker________________ Examiner's fee for anatomical donation or cremation CLIN 1004AB - VA Medical Examiner's fee for 10 EA tiny_mce_marker________________ anatomical donation or cremation CLIN 1004AC - VA transit permit 10 EA tiny_mce_marker________________ CLIN 1004AD - Obtaining Death Certificate 50 EA tiny_mce_marker________________ CLIN 1004AE - Refrigeration (24 hour period 60 EA tiny_mce_marker________________ or fraction of) CLIN 1004AF - After hour Death Call 24 EA tiny_mce_marker________________ CLIN 1004AG - Obtaining Vital Statistics 12 EA tiny_mce_marker________________ CLIN 1004AH - Vascular Flush 50 EA tiny_mce_marker________________ CLIN 1004AI - Arterial Embalming 50 EA tiny_mce_marker________________ OPTION YEAR II CLIN 2001 - USUHS Anatomical Gift Program Services CLIN 2001AA - Transfer of cadavers to USUHS 100 EA tiny_mce_marker________________ CLIN 2001AB - Temporary shelter of cadavers 4 EA tiny_mce_marker________________ CLIN 2001AC - Next day delivery from 12 EA tiny_mce_marker________________ mortuary to USUHS CLIN 2002 - Maryland State Anatomy Board (MSAB) Services CLIN 2002AA - Transfer of cadavers, anatomical 200 EA $ ________________ Material (e.g., upper torso), organs (e.g., brain) between MSAB and USUHS CLIN 2002AB - Transfer of cadavers from USUHS 50 EA tiny_mce_marker________________ to crematory CLIN 2003 - Cremation CLIN 2003AA - Direct cremation 30 EA tiny_mce_marker________________ CLIN 2003AB - Handling and registered mailing 4 EA tiny_mce_marker________________ of remains CLIN 2004 - Other Mortuary Services CLIN 2004AA - Washington, DC Medical 30 EA tiny_mce_marker________________ Examiner's fee for anatomical donation or cremation CLIN 2004AB - VA Medical Examiner's fee for 10 EA tiny_mce_marker________________ anatomical donation or cremation CLIN 2004AC - VA transit permit 10 EA tiny_mce_marker________________ CLIN 2004AD - Obtaining Death Certificate 50 EA tiny_mce_marker________________ CLIN 2004AE - Refrigeration (24 hour period 60 EA tiny_mce_marker________________ or fraction of) CLIN 2004AF - After hour Death Call 24 EA tiny_mce_marker________________ CLIN 2004AG - Obtaining Vital Statistics 12 EA tiny_mce_marker________________ CLIN 2004AH - Vascular Flush 50 EA tiny_mce_marker________________ CLIN 2004AI - Arterial Embalming 50 EA tiny_mce_marker________________ OPTION YEAR III CLIN 3001 - USUHS Anatomical Gift Program Services CLIN 3001AA - Transfer of cadavers to USUHS 100 EA tiny_mce_marker________________ CLIN 3001AB - Temporary shelter of cadavers 4 EA tiny_mce_marker________________ CLIN 3001AC - Next day delivery from 12 EA tiny_mce_marker________________ mortuary to USUHS CLIN 3002 - Maryland State Anatomy Board (MSAB) Services CLIN 3002AA - Transfer of cadavers, anatomical 200 EA $ ________________ Material (e.g., upper torso), organs (e.g., brain) between MSAB and USUHS CLIN 3002AB - Transfer of cadavers from USUHS 50 EA tiny_mce_marker________________ to crematory CLIN 3003 - Cremation CLIN 3003AA - Direct cremation 30 EA tiny_mce_marker________________ CLIN 3003AB - Handling and registered mailing 4 EA tiny_mce_marker________________ of remains CLIN 3004 - Other Mortuary Services CLIN 3004AA - Washington, DC Medical 30 EA tiny_mce_marker________________ Examiner's fee for anatomical donation or cremation CLIN 3004AB - VA Medical Examiner's fee for 10 EA tiny_mce_marker________________ anatomical donation or cremation CLIN 3004AC - VA transit permit 10 EA tiny_mce_marker________________ CLIN 3004AD - Obtaining Death Certificate 50 EA tiny_mce_marker________________ CLIN 3004AE - Refrigeration (24 hour period 60 EA tiny_mce_marker________________ or fraction of) CLIN 3004AF - After hour Death Call 24 EA tiny_mce_marker________________ CLIN 3004AG - Obtaining Vital Statistics 12 EA tiny_mce_marker________________ CLIN 3004AH - Vascular Flush 50 EA tiny_mce_marker________________ CLIN 3004AI - Arterial Embalming 50 EA tiny_mce_marker________________ OPTION YEAR IV CLIN 4001 - USUHS Anatomical Gift Program Services CLIN 4001AA - Transfer of cadavers to USUHS 100 EA tiny_mce_marker________________ CLIN 4001AB - Temporary shelter of cadavers 4 EA tiny_mce_marker________________ CLIN 4001AC - Next day delivery from 12 EA tiny_mce_marker________________ mortuary to USUHS CLIN 4002 - Maryland State Anatomy Board (MSAB) Services CLIN 4002AA - Transfer of cadavers, anatomical 200 EA $ ________________ Material (e.g., upper torso), organs (e.g., brain) between MSAB and USUHS CLIN 4002AB - Transfer of cadavers from USUHS 50 EA tiny_mce_marker________________ to crematory CLIN 4003 - Cremation CLIN 4003AA - Direct cremation 30 EA tiny_mce_marker________________ CLIN 4003AB - Handling and registered mailing 4 EA tiny_mce_marker________________ of remains CLIN 4004 - Other Mortuary Services CLIN 4004AA - Washington, DC Medical 30 EA tiny_mce_marker________________ Examiner's fee for anatomical donation or cremation CLIN 4004AB - VA Medical Examiner's fee for 10 EA tiny_mce_marker________________ anatomical donation or cremation CLIN 4004AC - VA transit permit 10 EA tiny_mce_marker________________ CLIN 4004AD - Obtaining Death Certificate 50 EA tiny_mce_marker________________ CLIN 4004AE - Refrigeration (24 hour period 60 EA tiny_mce_marker________________ or fraction of) CLIN 4004AF - After hour Death Call 24 EA tiny_mce_marker________________ CLIN 4004AG - Obtaining Vital Statistics 12 EA tiny_mce_marker________________ CLIN 4004AH - Vascular Flush 50 EA tiny_mce_marker________________ CLIN 4004AI - Arterial Embalming 50 EA tiny_mce_marker________________ II. STATEMENT OF WORK MORTUARY SERVICES 1.0 General Information: 1.0.1 Contractor must provide and maintain all management, supervision, manpower, equipment, supplies, licenses, permits, insurance, transportation and any other resources necessary to accomplish the services described and required within the statement of work (SOW). 1.0.2 Contractors must be licensed, bonded, and an insured mortuary provider. 1.0.3 The projected period of performance will be in effect for a base period and four (4) one (1) year option periods. Services shall commence on December 17, 2012 through December 16, 2013. The total period of the contract shall not exceed five (5) years. 1.1 Anatomical Gift Program The Uniformed Services University of the Health Sciences (USUHS) is a medical teaching university that utilizes human cadavers and freshly donated human remains into its academic curriculum. The Anatomical Gift Program permits the acceptance of whole bodies, non-autopsied, non-organ donated for the purposes of the program. The USUHS Anatomical Gift Program allows the military and civilians the opportunity to donate their whole body or that of a family member to USUHS for teaching and medical research purposes. USUHS allows the donation via the donor themselves, or authorized Next Of Kin, over 18 years of age. USUHS also accepts anatomical donations no more than 48 hours after death and embalmed human remains on a case by case basis. USUHS obligates expenses for the transportation of remains from place of death; Contractor shall file and provide minimal of two (2) death certificates to the Next Of Kin; preparation of remains via (B4) brachial arterial flush or (embalming) chemical preparation; delivery to USUHS, cremation, and delivery of cremated to USUHS. If the Next Of Kin seeks additional death certificates, the family shall reimburse the Contractor directly. Contractors will be required to transport human remains from various places of death, such as residences, hospitals, state agencies (Anatomy Board), hospice care facilities, nursing homes, medical examiners offices, and other funeral providers. The Anatomical Gift Program only accepts donations within a radius of 100 of miles from the place of death to USUHS. Donations greater than 100 miles radius, will require the next of kin to incur all associated expenses. These expenses are not limited to additional mileage for transport exceeding 100 miles, any out of state permit, or filing/obtaining death certificate fee. Annually, the Contractor shall expect to transport from the Maryland State Anatomy Board: 75 cadavers; 20 donated fresh bodies; various cadaver specimens; 60 human brain specimens, in sealed and leak and spill proof containers. 1.2. Death Call Services The USUHS Anatomical Gift Program receives calls during and after business hours regarding death notification of a registered donor, or general inquiries regarding application for the USUHS anatomical donation program. The Contractor shall answer calls daily from 4:00 p.m. through 8:00 a.m. when USUHS transfers the donation phone line, after hours (4:00 p.m.) and throughout the weekend. USUHS donation phone line will transfer to the contractor's mainline to support the Anatomical Gift Program support and inquiries. It is important for the contractor to identify the types of USUHS donation calls. The Contractor must determine the following; Is the caller: (1) Notifying USUHS of the death of a preregistered donor? If not, the Contractor will instruct the Next of Kin (NOK) that they will have to contact the Anatomical Director during the next business day to establish eligibility. (2) If the caller is reporting the death of a registered donor, the Contractor will obtain only basic information: the deceased's name, the address where the deceased is located, NOK name and NOK phone number. After confirming the donor is registered (most families will inform you), the contractor shall arrange transportation to the funeral home. The Contractor shall hold, prepare and deliver the remains to USUHS within 48 hours. It is paramount that the funeral provider only transfer remains after hours if refrigeration/morgue is not available (such as residences, and Hospice Units). All hospital death calls will be transferred to the funeral home only when the death certificate has been secured, and remains have been released. (3) If the caller seeks donation information, please forward the caller's contact information and any messages to the Anatomical Curator the next official business day. The contractor will obtain specific information identifying if the caller represents an existing registered donor, or if the caller seeks information regarding donation. This criterion is important to ensure that the Contractor does not accept a body that would be unqualified per USUHS anatomical donation standards. **If Contractor accepts a body that is not registered, without consulting Anatomical Director, the Contractor is 100% liable for the care and disposition of remains. ** 1.3 Performance of Services: The Contractor will transfer anatomical donations to a licensed funeral home and store in refrigeration or embalm upon request of the Anatomical Curator. Once the Contractor has confirmed the donor is registered with USUHS, the Contractor will contact USUHS the next business day and request a facsimile of the vital statistics for the death certificate. The follow services are expected within scope of contractual agreement. The Contractor shall: a. Secure a signed death certificate and burial transit permit. b. If the death certificate is not signed within 24 hours of death, the physician shall be contacted to arrange signature. c. Obtain only basic information from the caller. (If the donor is registered, there is no need to request vital statistics. The vital statistics are on file). d. All remains must be properly tagged identifying: last name, first name, date of death, and location of death. The tag shall be affixed to the left ankle or right ankle if left is amputated. The affixed tag shall be written as: SMITH, JOHN,C. DOD: 12DEC12 Place of death (Residence/Hospital/Morgue, etc.) e. Under no circumstances shall a removal take place from a hospital or institution that has adequate refrigeration (religious pref. may be considered). f. Residential removals require two or more personnel at all times. There are no exceptions. g. Nursing homes and hospice units that do not have refrigeration will be given a three (3) hour lead time to make the transfer. h. If the registered donor is located greater than 100 miles from USUHS or requires a Delaware, Pennsylvania, or West Virginia storage and/or permit, the next of kin is responsible for the expenses to secure the remains, out of state death certificates and any and all associated expenses to transfer to the USUHS. i. Store remains into their care via refrigeration and/or embalming. j. Order large sterile needles for blood drawing from the donor patient. k. Fill two (2) vials (provided from USUHS) with blood and store with refrigerated remains until delivery to USUHS. The vials must have the donor name, initials of whom drew the blood and the date drawn. The two vials will be placed in a sealed plastic bag and taped to the chest of the donor prior to delivery to the USUHS. l. Shave the heads of all donor patients. m. Perform a full body flush of fluids by injecting a B4 chemical (Hydrol Chemical) into the donor brachial artery and drain fluids via femoral vein. The Contractor shall close all arteries and veins with suture and glue to prevent further leakage. n. Place human remains in heavy and leak proof body bags as provided by the USUHS. Under no circumstances will body bags be used twice. o. Contact the USUHS to arrange delivery of donor's remains. p. Upon delivery, the Contractor shall remove human remains and deliver to the morgue receiving area, USUHS, Bldg. A. Room G3034. The USUHS ATL staff will assist moving the human remains from the contractor stretcher and transfer to the USUHS refrigeration. q. The USUHS ATL personnel will sign the Contractor's Chain of Custody forms and visually identify the leg tag or hospital ID band upon arrival. r. The USUHS ATL staff will sign for any personal effects as delivered by the Contractor. 1.4 Remains Unless specified or arranged in advance, all Anatomical Gift Donations will be cremated. Once the designated medical research and/or anatomical usage are concluded, the cadaveric remains will be transported directly to a registered and licensed crematory as directed by the Contractor. Once cremated remains are ready the Anatomical Curator will provide individual cremation authorizations and burial transit permits. The Contractor shall return arranged cremation and return cremated remains to USUHS for final disposition. Cremated remains must be incased in a temporary polyethylene urn. If the Contractor utilizes a crematory facility that also cremates pets, the contractor must ensure the facility cremates humans separately. The Contractor takes full liability for this process. All preserved cadavers from the Maryland State Anatomy Board will be transported to a crematory as designated by the Maryland State Anatomy Board. When returning cremated remains to USUHS, the Contractor shall ensure: a. All remains are accompanied with the appropriate documentation: death certificate, burial-transit permit, and other approvals as required (i.e., medical examiner's stamp). b. The Contractor shall provide cremation mailer boxes and tote bags suitable for local delivery to the next of kin. c. Upon receipt of cremated remains the contractor will deliver to the morgue receiving area, USUHS, Bldg. A. Room G038. d. The Anatomical Curator or an authorized USUHS ATL staff will sign the Contractor's Chain of Custody forms for acceptance of the ashes. 1.4.1 Transportation of Remains: The Contractor is required to perform the following transportation services: (a) The Contractor shall coordinate the removal of remains as soon as possible when notified of a death. (b) The Contractor shall take possession of the remains at the place where they are located and transport them to the USUHS. 1.4.2 Performance and Delivery: (a) The Contractor shall furnish the material ordered and perform the services specified as promptly as possible after receiving notification to remove the remains. (b) The USUHS may require the Contractor to hold the remains in refrigeration for an additional period not to exceed 48 hours from the time the remains are removed from the place of death. (c) Contractor must be aware that movement of human remains is a delicate process, and can consist of movement of remains up to 300lbs. Contractors must be aware and prepared with proper back brace support and manpower to ensure safety of hired staff, and not to drop remains at any time. 1.5 Permits The Contractor must meet all state and local licensing requirements and obtain and furnish all necessary Health Department and shipping permits at no additional cost to the Government. The Contractor will ensure that all necessary Health Department permits are in order for disposition of the remains, provide a non-certified copy of the death certificate, and the original burial transit permit. In addition, the Contractor will secure an executed Uniformed Services University of the Health Sciences Anatomical Gift Program "Certificate of Body Donation by Next of Kin" when requested by the USUHS. The Contractor will maintain a supply of USUHS Body Donation forms for this purpose. 1.6 Performance Schedule Period CLIN(s)/subCLIN(s) Performance Period Base Year 0001-0004AH 17 Dec 2012 - 16 Dec 2013 Option Year 1 1001-1004AH 17 Dec 2013 - 16 Dec 2014 Option Year 2 2001-2004AH 17 Dec 2014 - 16 Dec 2015 Option Year 3 3001-3004AH 17 Dec 2015 - 16 Dec 2016 Option Year 4 4001-4001AH 17 Dec 2016 - 16 Dec 2017 1.7 Packing and Marking Requirements for packaging and marking are contained in the statement of work (Section C). Otherwise, standard commercial practices for routine, miscellaneous materials will be satisfactory if sufficient to protect the items during transit. III. CLAUSES INCORPORATED BY REFERENCE 52.202-1 Definitions JAN 2012 52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions on Subcontractor Sales to the Government OCT 1995 52.203-12 Limitation On Payments To Influence Certain Federal Transactions OCT 2010 52.204-2 Security Requirements AUG 1996 52.204-4 52.204-7 Printed or Copied Double Sided on Postconsumer Fiber Content Paper Central Contractor Registration MAY 2011 FEB 2012 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.222-22 52.222-25 52.222-50 Previous Contracts and Compliance Reports Affirmative Action Compliance Combating Trafficking in Persons FEB 1999 APR 1984 FEB 2009 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving AUG 2011 52.227-1 Authorization and Consent DEC 2007 52.229-3 52.232-1 Federal, State, and Local Taxes Payments APR 2003 APR 1984 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-11 52.233-1 Extras Disputes APR 1984 JUL 2002 52.233-4 52.237-1 Applicable Law for Breach of Contract Claim Site Visit OCT 2004 APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation APR 1984 52.242-13 Bankruptcy JUL 1995 52.249-4 Termination For Convenience Of The Government (Services) (Short Form) APR 1984 52.251-1 Government Supply Sources APR 2012 252.201-7000 Contracting Officer's Representative DEC 1991 252.204-7000 Disclosure Of Information DEC 1991 252.204-7004 Central Contractor Registration (Alternate A SEP 2007 252.204-7006 Billing Instructions OCT 2005 252.223-7006 Prohibition On Storage And Disposal Of Toxic And Hazardous Materials APR 1993 252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns SEP 2004 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment MAR 1998 52.246-4 Inspection of Services-Fixed-Price AUG 1996 IV. CLAUSES INCORPORATED BY FULL TEXT 52.212-4 Contract Terms and Conditions-Commercial Items. (FEB 2012) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance 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. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights- (1) Within a reasonable 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. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) 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. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include- (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, contract line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment.- (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause. (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall- (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the- (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected contract line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if- (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on- (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) 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 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 which reasonably could have been avoided. (m) 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. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) 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. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) The schedule of supplies/services. (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause. (3) The clause at 52.212-5. (4) Addenda to this solicitation or contract, including any license agreements for computer software. (5) Solicitation provisions if this is a solicitation. (6) Other paragraphs of this clause. (7) The Standard Form 1449. (8) Other documents, exhibits, and attachments. (9) The specification. (t) Central Contractor Registration (CCR). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via CCR accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757. (End of clause) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. (AUG 2012) (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) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). _X__Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (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. 253g and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). __ (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.) _X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Aug 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). _X_ (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note). __ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313). _X_ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). __ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). _X_ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (11) [Reserved] _X_ (12)(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). __ (13)(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. _X_ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). __ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Oct 2001) of 52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. __ (iv) Alternate III (Jul 2010) of 52.219-9. _X_ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). _X_ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). __ (18) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). __ (ii) Alternate I (June 2003) of 52.219-23. __ (20) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (21) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). _X_ (23) 52.219-28, Post Award Small Business Program Representation (Apr 2012) (15 U.S.C. 632(a)(2)). __ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)). __ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)). _X_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __ (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). _X_ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X_ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X_ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). _X_ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). _X_ (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). _X_ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _X_ (34) 52.222-54, Employment Eligibility Verification (JUL 2012). (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) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). __ (ii) Alternate I (DEC 2007) of 52.223-16. _X_ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). __ (39) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). __ (40)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (May 2012) (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, and 112-42). __ (ii) Alternate I (Mar 2012) of 52.225-3. __ (iii) Alternate II (Mar 2012) of 52.225-3. __ (iv) Alternate III (Mar 2012) of 52.225-3. __ (41) 52.225-5, Trade Agreements (MAY 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (42) 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). __ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). __ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X_ (47) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). __ (48) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). __ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). __ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (51)(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) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 351, et seq.). __ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). __ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). __ (8) 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 (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (JUL 2012). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. (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 days; provided that 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 five years. (End of clause) 52.232-18 AVAILABILITY OF FUNDS (APR 1984) Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. (End of clause) 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 address: http://farsite.hill.af.mil. (End of clause) V. EVALUATION FACTORS 52.212-2 Evaluation-Commercial Items. COMMERCIAL ITEMS (JAN 1999) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Contractors must address the evaluation factors within 15 pages in length. Evaluation factors are listed in their order of importance, with the most important being listed first. a. Corporate Experience: Describe your experiences in dealing with the MSAB, anatomical gift donors, military individual and grieving family members. Additionally, address any specific training of personnel (e.g. grief counseling etc.). Describe your standard operating procedures for the care of deceased bodies, equipment and vehicles for transportation of a single body from place where the death occurs. Include security measures taken for transportation and company location as related to USU. All offerors must provide proof of Mortuary Licensure (MD, PA, VA, and DC) and the manager's individual state license to practice as a mortician. b. Past Performance: The Government is requesting offerors submit additional relevant and similar references that demonstrate capabilities in your organization's ability to fulfill the requirements of this procurement. Past performance should be no more than three (3) years old. The Government will determine the extent to which an offeror's experience is similar in size, scope and complexity to the Government's requirements under this solicitation. Offerors must provide a minimum of three customer references on contracts of similar complexity, scope, dollar amount and type. The following information must be provided for each customer reference: ● Name of agency and/or business and address ● Name of current point of contact, including telephone number and e-mail address ● Contract number ● Contract value ● Contract performance period ● Brief description of services provided Technical and past performance, when combined, are more important to price. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision) VI. QUESTIONS Questions regarding this solicitation that requires clarification or additional information must be submitted in writing via e-mail to Christina Johnson at christina.johnson@usuhs.edu by November 29, 2012, 10:00 AM EST. The e-mails must reference solicitation number, HT9404-13-R-0002 (subject header). Questions will not be answered over the phone. All questions will be addressed by an amendment to the solicitation. Questions received after November 29, 2012, 10:00 AM EST, will not be answered and will be considered late. All questions must reference the page number, section, and/or paragraph of the solicitation. It will be the responsibility of the contractor to check the website, http://www.fbo.gov, for any issuance of any amendments and/or updates to this requirement. VII. Proposal Submission Email or mailed proposals will be accepted at christina.johnson@usuhs.edu. Facsimile proposals will not be accepted. Proposals submitted in this format will be rejected. Firms are advised that access onto the WRNNMC base and on base parking is restricted; therefore delivery in person is not advised. The Government will not consider proposals delayed at the security posts nor be responsible to provide base access. Proposals can be mailed to the following designated office: Uniformed Services University of the Health Sciences Contracting Directorate 4301 Jones Bridge Road Bldg. A, Rm. 1040C Bethesda, MD 20814-4799 Attn: Ms. Christina Johnson HT9404-13-R-0002 Proposals are due on December 4, 2012 at 12:00PM eastern local time. Late proposals will not be considered. It is the contractor's responsibility to ensure that proposals and completed past performance questionnaires arrive to the designated office by the closing date and time. All quoters are advised that registration in the System for Award Management (SAM) (https.//www.sam.gov) is mandatory. All contractors doing business with the Federal Government must be registered in the database. Quoters should include their Data Universal Numbering System (DUNS) number in their quotes. The CO will verify registration prior to award. Please ensure that a business size is listed for this requirement's applicable NAICS code - 812210. FAILURE TO COMPLETE THE REGISTRATION PROCEDURES OUTLINED IN THIS PROVISION MAY RESULT IN ELIMINATION FROM CONSIDERATION FOR AWARD.
Web Link: FBO.gov Permalink
(https://www.fbo.gov/notices/fed4ae38a40e92c88c091ab0919892ee)
Place of Performance: Address: Bethesda, MD, United States
Record: SN02932378-W 20121118/121116234415-fed4ae38a40e92c88c091ab0919892ee (fbodaily.com)
Source: FedBizOpps Link to This Notice
(may not be valid after Archive Date)

| FSG Index | This Issue's Index | Today's FBO Daily Index Page |

Loren Data's SAM Daily™

G -- MORTUARY SERVICES - COPY OF SYNOPSIS