Loren Data's SAM Daily™

SAMDAILY.US - ISSUE OF APRIL 11, 2025 SAM #8537
SOLICITATION NOTICE

V -- transportation service

Notice Date

4/9/2025 1:26:32 PM
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

485991 — Special Needs Transportation
 

Contracting Office

NASHVILLE AREA INDIAN HEALTH SVC NASHVILLE TN 37214 USA
 

ZIP Code

37214
 

Solicitation Number

285-25-RFQ-0030
 

Response Due

4/30/2025 1:30:00 PM
 

Archive Date

05/15/2025
 

Point of Contact

DONNA HARJO, Phone: 6154671522
 

E-Mail Address

donna.harjo@ihs.gov
(donna.harjo@ihs.gov)
 

Small Business Set-Aside

BICiv Buy Indian Set-Aside (specific to Department of Health and Human Services, Indian Health Services)
 

Description

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; proposals are being requested and a written solicitation will not be issued. The solicitation number of this Request for Quote (RFQ) is 285-25-RFQ-0030. The anticipated contract type is a Firm-Fixed-Price contract with a period of performance of a base year of five (5) months with four (4) one-year optional periods. The solicitation document, incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-03, January 07, 2025. This combined synopsis/solicitation is 100% Set-Aside for Indian Owned Small Business in accordance to HHSAR Subpart 326.6�Acquisitions under the Buy Indian Act. The associated North American Industry Classification System code (NAICS) is 485991 Special Needs Passenger Transportation Services, and the size standard is $15.0 million. The Nashville Area Indian Health Service (IHS) intends to award a fixed-price, contract in response to Request for Quote (RFQ) 285-25-RFQ-0030. The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Regulations (FAR). Price Schedule: Base Year: May 1, 2025 (or date of award) thru September 30, 2025 $______ $______ $______ Option Year 1: October 1, 2025 thru September 30, 2026 $______ $______ $______ Option Year 2: October 1, 2026 thru September 30, 2027 $______ $______ $______ Option Year 3: October 1, 2027 thru September 30, 2028 $______ $______ $______ Option Year 4: October 1, 2028 thru September 30, 2029 $______ $______ $______ 285-25-RFQ-0030 LOCKPORT TRANSPORTATION SERVICE Description of Requirement: To provide non-emergency medical transportation for eligible patients who have appointments with Lockport IHS Health Center for non-emergency medical appoints at Lockport or PRC approved appointments. The contractor will provide non-emergency medical support for eligible patients who have appointments with Lockport IHS Health Center Dental department, Behavioral Health, Community Health Services, PRC or Medical Non-emergency medical transport shall be provided for eligible patients who live in: 1. Niagara County 2. Genesee County 3. Erie County Services shall include ambulette or livery transportation, but may not include transportation for patients requiring monitoring or delivery of health care services while in transport (i.e. ambulance services). Contractor drivers must be appropriately licensed in the State of New York. Licensing includes driver certification, driver training and continuing education where appropriate. Driver�s license and driving records must be verified annually and upon the occasion of any incident involving a Lockport IHS Health Center passenger. Contractor must provide an annual statement affirming that drivers are screened, trained and competent to safely transport patients. The annual statement of driver competency must include any driver advanced certifications, such as Advanced Cardiac Life Support or specialized training to assist and secure patients by stretcher or wheelchair. The Contractor must report vehicle accidents and incidents to the Contracting Officer with a formal accident report. Accident and incident reports are also to be forwarded to the Lockport IHS Health Center Administrative Officer. This includes patient adverse events occurring during transport. Contractor vehicles must be appropriately licensed in the State of New York. An annual statement of NYSDOT vehicle inspection, certification and licensing must be provided to the Lockport IHS Health Center. Vehicles must be compliant with all relevant provisions of the Americans with Disabilities Act. The Contractor shall be fully insured for transportation liability and umbrella coverages as required by the State of New York. Proof of liability coverage shall be provided to Lockport IHS Health Center annually. Contractor will make available to the service unit, contractor policies and procedures which at minimum will address the following: � Patient adverse events � Vehicular accidents and incidents � Intoxicated, aggressive or potentially aggressive patients � Transportation of minors � Safety standards The Contractor will provide service during the following hours: � Days: Monday through Friday. Saturday transport may be requested on rare occasions with sufficient advanced scheduling. Service is not required on Sundays and Federal Holidays. � Hours: 7:00am through 7:00pm The Contractor will be provided with the date, time and physical location for passenger pick-up by Lockport Indian Health Service, Health Center. Transportation arrangements will include the destination address and time for the patient's appointment, as well as the telephone number for the health provider's office. The Contractor's driver will be expected to wait for the patient at the destination. A secondary destination may be pre-authorized, such as to a local pharmacy to obtain prescribed medication treatment. In such cases the driver will wait for the patient while prescriptions are filled. At the completion of the patient's pharmacy transaction, the driver will return the patient to the final authorized destination or residence. The Contractor will bill for transportation services on a monthly basis, and within 30 (thirty) days of the date of service. Invoices shall include the Contractor's company name of record, remittance address, telephone number, fax number, the name and email address of the business office point of contact, and date. The invoice shall identify each trip by a unique identifier to be established by the service unit, which will be provided to the Contractor at the time the trip is arranged. Included with the identifier on the invoice will be the associated fee for each trip. A summary total for the invoice should be included. The Contractor may provide an invoice identification number or reference. Invoices may not include any patient identification information, such as patient's name, address, destination or health information. Patient identification information and associated information retained by the Contractor for the purposes of service delivery and billing shall be maintained in strict confidence and safeguarded against disclosure. Paper and electronic files containing patient information that are maintained by the Contractor shall be protected against loss, theft, misuse and unnecessary exposure. This information is to be used for its intended purposes only, and distribution, dissemination or other uses is strictly prohibited. Period of Performance May 1, 2025 thru September 30, 2025 with four (4) option years. The period of performance of this contract is Base Period: 05/01/2025 or date of award to 09/30/2025 OY 1: October 1, 2025 through September 30, 2026 OY 2: October 1, 2026 through September 30, 2027 OY 3: October 1, 2027 through September 30, 2028 OY 4: October 1, 2028 through September 30, 2029 Place of Performance Lockport IHS Health Center 150 Professional Parkway Lockport, NY 14094 716-280-3850 Attn: Jennifer Tonemah, Administrative Officer Provisions at FAR 52.212-1, Instructions to Offerors -Commercial Products and Commercial Services (SEP 2023) applies to this acquisition with the following addenda to the provision. In order for consideration contractors� proposal must include; Completed Indian Health Service Buy Indian Act Indian Economic Enterprise Representative Form. Company Name, SAM UEI #, Pricing in the format of section 5. Schedule Technical Capabilities Statement. 2 Years of past performance with Federal, State, or Local government. Contracting Officer Representative (COR) COR shall be responsible for: 1. Monitoring the Contractors technical progress, including surveillance and assessment of performance and recommending technical changes; 2. Interpreting the Statement of Work; 3. Technical evaluation as required; 4. Technical inspections and acceptance; and 5. Assisting the Contractor in the resolution of technical problems encountered during performance of this contract. 10. Special Contract Requirements 1) The Privacy Act of 1974 mandates that the Contractor maintain complete confidentiality of all administrative, medical and personnel records, and all other pertinent information that comes to his/her attention or knowledge. The Privacy Act carries both civil and criminal penalties for unlawful disclosure of records. Violation of such confidentiality shall be cause for adverse action. 2) All IHS regulations and policies applicable to these Acts shall be enforced. The Contractor shall comply with IHS facility infection control and safety procedures, practices, and standards. 3) The following Federal legal holidays are observed under this contract: New Year�s Day 1 January Martin Luther King�s Birthday Third Monday in January President�s Day Third Monday in February Memorial Day Last Monday in May Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day 11 November Thanksgiving Fourth Thursday in November Christmas Day 25 December 4) HHSAR 352.232-71 Electronic Submission of Payment Requests (a) Definitions. As used in this clause� Payment request means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR32.905(b),""Content of Invoices"" and the applicable Payment clause included in this contract. (b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Department of Treasury Invoice Processing Platform (IPP) or successor system. Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site. (c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with HHS procedures. (d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request. IPP is a secure, web-based electronic invoicing system provided by the U.S. Department of the Treasury's Bureau of the Fiscal Service, in partnership with the Federal Reserve Bank of St. Louis (FRSTL). The Office of Management and Budget (OMB) M-15-19 memorandum ""Improving Government Efficiency and Saving Taxpayer Dollars through Electronic Invoicing"" directs Federal agencies to adopt electronic invoicing as the primary means to disburse payment to vendors. The awardee is strongly encouraged to register an account with IPP if they have not already done so. If your organization is already registered to use IPP, you will not be required to re-register- however, we encourage you make sure your organization and designated IPP user accounts are valid and up to date. The IPP website address is: https://www.ipp.gov Training for vendors can be located at: https://www.ipp.gov/vendors/training-vendors If you require assistance registering or IPP account access, please contact the Department of The Treasury's IPP Helpdesk at (866) 973-3131 (M-F 8AM to 6PM ET), or IPPCustomerSupport@fiscal.treasury.gov DISCLOSURE OF INFORMATION Any information made available to the Contractor by the Government shall be used only for the purpose of carrying out the provisions of this contract and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract. In performance of this contract, the contractor assumes responsibility for protection of the confidentiality of Government records and shall ensure that all work performed by its subcontractors shall be under the supervision of the contractor or the contractor's responsible employees. Each officer or employee of the contractor or any of its subcontractors to whom any Government record may be made available or disclosed shall be notified in writing by the contractor that information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 19 U.S.C. 641. That section provides, in pertinent part, that whoever knowingly converts to their use or the use of another, or without authority, sells, conveys, or disposes of any record of the United States or whoever receives the same with intent to convert it to their use of gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine of up to $10,000, or imprisoned up to ten years, or both. 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: https://www.acquisition.gov/browse/index/far Incorporated by Reference 52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (June 2010) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-2 Security Requirements (Mar 2021) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2010) 52.204-12 Unique Entity Identifier Maintenance (Oct 2016) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Apr 2020) 52.204-19 Incorporated by Reference of Representations and Certification (Dec 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.216-24 Limitation of Government Liability (Apr 1984) 52.216-25 Contract Definitization (Oct 2010) 52.222-41 Service Contract Labor Standards 52.222-42 Statement of Equivalent Rates for Federal Hires 52.222-50 Combating Trafficking in Persons (Nov 2021) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) 52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021) 52.232-1 Payments (Apr 1984) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.237-3 Continuity of Services (Jan 1991) 52.242-5 Payments to Small Business Subcontractors (Jun 2017) 52.242-15 Stop-Work Order (Aug 1989) 52.243-4 Changes (Jun 2007) 52.243-7 Notification of Changes (Jan 201) 52.244-6 Subcontracts for Commercial Products and Commercial Services (Mar 2023) 52.246-4 Inspection of Services-Fixed-Price (Aug 1996) 52.246-20 Warranty of Services (May 2001) 52.246-25 Limitation of Liability-Services (Feb 1997) 52.249-9 Default (Fixed-Price Supply and Services) (Apr 1984) 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.252-6 Authorization Deviations in Clauses 352.239-73 Electronic Information and Technology Accessibility Notice 352.239-74 Electronic Information and Technology Accessibility 13. Incorporated by Full Text 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services (NOV 2023) (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 Government wide 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 41 U.S.C. chapter 71, Contract Disputes. 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 Federal Acquisition Regulation (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, 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-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), 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 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 41 U.S.C. 7109, 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 FAR 32.608-2 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. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 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, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations 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) [Reserved] (u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation ( 31 U.S.C. 1341), the following shall govern: (i) Any such clause is unenforceable against the Government. (ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an ""I agree"" click box or other comparable mechanism (e.g., ""click-wrap"" or ""browse-wrap"" agreements), execution does not bind the Government or any Government authorized end user to such clause. (iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. (v) Incorporation by reference. The Contractor�s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract. 52.212-5 Contract Terms and Conditions Required To Implement Statues or Executive Orders � Commercial Products and Commercial Services (JAN 2025) (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 products and commercial services: (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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91). (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations...
 

Web Link

SAM.gov Permalink
(https://sam.gov/opp/2be25b3cd02a4a6ba225dc0b68f59f6c/view)
 

Place of Performance

Address: NY 14094, USA

Zip Code: 14094

Country: USA
 

Record

SN07402523-F 20250411/250409230054 (samdaily.us)
 

Source

SAM.gov Link to This Notice
(may not be valid after Archive Date)

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