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DESCRIPTION OF AGREEMENT

STATEMENT OF WORK
for
Patient Safety Organization (PSO)

1.0 BACKGROUND

The United States Peace Corps is an independent civilian executive agency of the Federal Government
established in 1961 by President John F. Kennedy to promote world peace and friendship through the
service of American volunteers abroad. Peace Corps volunteers enlist for a two-year term of service in
developing nations. The volunteers’ service fulfills the three primary Peace Corps goals established in
the founding legislation:

• To help the people of interested countries in meeting their need for trained men and women
• To help promote a better understanding of Americans on the part of the peoples served
• To help promote a better understanding of other peoples on the part of Americans

The Peace Corps is a Government Agency that manages the healthcare of its 7,000 volunteers serving in
70 countries. The 70 country posts are divided into three regions:

• Africa (AF)
• Intra-America and Pacific (IAP) and
• Europe, Mediterranean and Asia (EMA)

The health care of the volunteers is managed by the Office of Health Services (OHS). The mission of
OHS is to provide quality medical and mental health services and support to the Peace Corps community
through the Offices of Medical Services (OMS) and Special Services (OSS).

Each country post maintains a health unit staffed by medical professionals. Each health unit is staffed by
a varying mix of host-country national, third-country national and/or Americans. The medical
professionals at each post may include one or more of the following: Registered Nurse (RNs), Nurse
Practitioner (NPs), Physician Assistants (PAs) and Medical Doctors (MDs). The medical professionals
are known as Peace Corps Medical Officers (PCMOs). The Peace Corps employs Regional Medical
Officers (RMOs) who are Medical Doctors. The RMOs are stationed at the following posts: Morocco,
Senegal, South Africa and Thailand.

Per Patient Safety Rule 42 C.F.R. Part 3, Peace Corps meets the definition of a “Provider”.

2.0 EXTENT OF OBLIGATION

This BPA does not obligate any funds. The Government is obligated only to the extent of authorized
calls/order actually made under this agreement.

3.0 DESCRIPTION OF SERVICES

Objectives

The Peace Corps is seeking a Patient Safety Organization (PSO) to provide Patient Safety Work Product
(PSWP) after a sentinel event. A sentinel event is defined by the Joint Commission as, “…an unexpected

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occurrence involving death or serious physical or psychological injury, or the risk thereof. Serious injury
specifically includes loss of limb or function. The phrase ‘or the risk thereof’ includes any process
variation for which a recurrence would carry a significant chance of a serious adverse outcome.”

Scope

The Peace Corps is seeking a listed, certified and accredited PSO to provide PSWP(s) in order to conduct
peer reviews, provide evidence-based epidemiological sentinel event data, and to promote quality medical
care practices by the Agency. A peer review is defined as the review of the clinical activities of members
of the medical staff by other qualified practitioners, with comparable training and experience, who can
render an unbiased opinion on the quality of care. The process of conducting the PSWP and the end
product provided to the Agency shall be in accordance with the Patient Safety and Quality Improvement
Act of 2005 (Public Law 109-41), as amended.

The contractor shall assist the Agency, through the PSWP, to achieve the goal of quality improvement
while being objective, fair, and credible.

Peace Corps will identify the sentinel events which require a PSWP. Currently, OHS conducts monthly
reviews of sentinel events identified by PCMOs at post. The monthly reviews are performed by a
committee within OHS. If additional information is requested by the committee, a root-cause analysis is
performed by Peace Corps employees. After the root-cause analysis is performed, the agency assembles a
record of the analysis.

Tasks

The contractor shall provide services as a PSO for the Peace Corps. The contractor shall provide, on an as
needed basis, a PSWP. The Contractor shall perform all services and subsequent PSWPs in accordance
with the Patient Safety and Quality Improvement Act of 2005 (Public Law 109-41), as amended.

1.1 Task 1 – PSWP – Analysis

As a PSO, the contractor shall provide an overall PSWP for the Office of Health Services (OHS) as a
global health care provider. The analysis shall be based on best practices and shall include, but is not
limited to:

1.1.a Description of the PSO’s methodology for conducting the analysis


1.1.b Challenges faced by the Agency as a health care provider
1.1.c Overview of the past sentinel events
1.1.d Epidemiological reporting of past sentinel events, identification of patterns, and trends.

1.2 Task 2 – PSWP - Peer Review

As a PSO, the contractor shall conduct a peer review of sentinel events on an as needed basis per
evidence based guidelines. The peer review shall be conducted within 30 business days of the request
from the Agency.

At a minimum the contractor shall:

1.2.a Collect data on processes and outcomes and assess performance in relation to the Agency
specifications of processes, policies, procedures
1.2.b Assess level of functioning of processes, policies, and procedures

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1.2.c Identify opportunities for improvement
1.2.d Review outcomes in relation to expectations.
1.2.e If relevant, identify individual performance as a result of the assessment process. When
such a determination has been made, the contractor shall provide steps for further review, final
recommendations, recommend actions (if any) to be taken, and recommend follow-up actions.

4.0 PRICING

a. Peace Corps agrees to pay the Contractor for supplies provided under the terms and conditions of
this BPA that have been authorized by the Contracting Officer or an authorized representative of
the Contracting Officer and substantiated by invoices and delivery tickets for each call order
placed under this agreement.

5.0 PURCHASE LIMITATION

No Call/Order Placed under this agreement shall exceed $$50,000.

In addition to following BPA RFQ procedures, ordering under this BPA shall be accomplished through
one of the following methods:

1. Issuance of a call prepared and signed by an authorized user (or)


2. Use of the Government Purchase Card.

In all cases, a Call/order number will be furnished to the supplier by the authorized user during placement
of a Call. The supplier is required to insert the Call/order number on the invoice. Failure to include the
BPA and BPA Call/order number on the invoice will adversely impact the expeditious processing of
payments and will be regarded as an invoice discrepancy.

The Contractor SHALL NOT accept orders from authorized users for products or services not within the
scope of this multiple-award BPA.

IV. INDIVIDUALS AUTHORIZED TO PURCHASE UNDER THE BPA

a. The individuals authorized to place calls against this agreement are the Contracting Officer or an
authorized representative of the Contracting Officer. Those authorized to place Calls/orders are listed
below:

NAME CALL / ORDER LIMIT


1. TBD TBD

a. The supplier SHALL NOT accept calls from any individual not listed above to place calls under this
BPA. As appropriate, the BPA will be modified to add and delete
individuals authorized to place orders.

6.0 ORDERING PROCEDURES/REQUIREMENTS

a. Ordering under this BPA shall be accomplished through one of the following methods:

- Issuance of a purchase order prepared and signed by an authorized user (or)

- Use of the Government Purchase Card up to $3,000.

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b. In all cases, a call order number shall be furnished to the Contractor by the authorized user. The
Contractor is required to insert the call order number on the delivery ticket and invoice. Failure to
include the call order number on the delivery ticket and invoice shall adversely impact the
expeditious processing of payments and shall be regarded as an invoice discrepancy.

c. The Contractor SHALL NOT accept orders from authorized users for supplies not specifically
listed in this BPA.

7.0 SERVICE DELIVERIES

a. All supplies shall be delivered as indicated by the BPA call order.

b. Only those supplies specifically listed on the approved BPA price list are authorized for delivery.
Delivery of unauthorized supplies shall be at the risk of and the sole responsibility of the
Contractor and may result in non-payment as well as cancellation of this agreement.

c. Partial delivery of supplies shall be accepted only if indicated on the call order in writing.

Delivery Tickets

All supplies provided under this agreement shall be substantiated by delivery tickets which contain
the following minimum information:
- Name of Contractor
- BPA Number
- Date of Purchase
- Call order Number
- Itemized List of Furniture
- Quantity, unit price, and extension of each item, less applicable discounts (unit prices and
extensions need not be shown when incompatible with the use of automated systems; provided
that the invoice is itemized to show this information).
- Date of Delivery or Service

8.0 DELIVERABLE SCHEDULE

Deliverable Description Quantity/Media Date


Completed
1 Patient Safety Work Product As agreed upon per 30 business
(PSWP) each BPA call award. days from
award

9.0 PROJECT MILESTONES/COMPLETION DATES

Task Work Projected


Number Milestones Completion Date
1.1 PSWP – Analysis for OHS 30 business days after
BPA call is issued.
1.2 PSWP - Peer Review 30 business days after
BPA call is issued.

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I. Delivery

The Contractor shall deliver each PSWP to the Peace Corps Medical Officer and Chief of Quality
Improvement in the Office of Health Services (OHS) in Washington, DC via an agreed upon best
practices medium.

The Government COR will provide a written acknowledgment of receipt.

10.0 TERM OF BPA

This BPA shall remain in full force and effect from the date of award for a period of five years. The
Government shall review this agreement annually, and as necessary, and make adjustments to ensure the
terms of the agreement remain favorable. This BPA may be canceled by either party within 30 business
days of written notice.

The contractor is required to provide a complete PSWP within 30 business days of BPA call award.

11.0 PLACE OF PERFORMANCE

Work may be performed at locations associated with the sentinel event or on contractor’s site.

12.0 GOVERNMENT FURNISHED PROPERTY (GFP)

The Government will provide the contractor with the sentinel event related documentation as necessary
and as requested by the contractor.

13.0 SECURITY CONSIDERATIONS

All PSWPs shall be secured pursuant to Patient Safety and Quality Improvement Act of 2005 (Public Law
109-41).

All such materials provided by the Peace Corps to the contractor shall be handled and kept confidential in
accordance with Health Insurance Portability and Accountability Act of 1996 (HIPAA).

14.0 TRAVEL
Travel costs are to be included in each BPA call firm fixed price (FFP) quote.
All travel shall be pre-approved by the Contracting Officer (CO) and the Contracting Officer’s
Representative (COR) and shall be in accordance with Federal Travel Regulations (FTR).
15.0 SPECIAL MATERIAL REQUIREMENTS

Through the course of the contract performance, the contractor may require access to Peace Corps
medical records, files, and documentation. All such materials provided by the Peace Corps to the
contractor shall be handled and kept confidential in accordance with Health Insurance Portability and
Accountability Act of 1996 (HIPAA).

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16.0 OTHER UNIQUE REQUIREMENTS AND CONSIDERATIONS

The contractor shall be certified and listed at the time of award and shall maintain certification and listing
throughout the period of contract performance as a Patient Safety Organization (PSO) per the Agency for
Healthcare Research and Quality (AHRQ), within the Department of Health and Human Services (HHS).
The certified PSO listing shall be published on the AHRQ web site: http://www.pso.ahrq.gov/listed. If the
contractor is delisted at any time over the course of the BPA, the contractor shall notify the Contracting
Officer and COR in writing within 5 business days.

17.0 INVOICING REQUIREMENTS

Invoices shall be submitted to the address shown on the cover page of this contract. The format of the
invoice and/or accompanying documentation shall be agreed to between the Contracting Officer’s
Representative (COR) and the Contractor. The invoice shall include, but not be limited to, the following
information:

 Name and address of the Contractor


 Invoice date and invoice number
 Period of performance covered by the invoice
 Contract Number/Call Number
 Description, price(s), date of service, and quantity(ies) of services and supplies for which
payment is being requested
 Shipping and payment terms, if any
 EFT account/payment information (see below)
 Costs incurred under the current voucher or costs incurred to date (cumulative)
 Signature of the Contractor’s authorized representative
 Contractor’s Tax Identification Number (TIN)

a. Invoice Submission

The Contractor shall prepare invoices and shall render an electronic copy original to the following
address: Peace Corps/Attn: OGAP
Email: gapdomesticinvoices@peacecorps.gov

For questions regarding payments, please send an e-mail inquiry, including the invoice number,
contract/purchase order number, billed amount and date sent to Disbursing@peacecorps.gov

b. Invoice Certification

Upon receipt of the invoices, the Peace Corps will check the invoices for correctness and
appropriateness of the charges and will ensure that chargeable items appearing on the invoices have
been formally accepted by the Peace Corps. In the event that the Peace Corps discovers any
discrepancies in the invoice, the Peace Corps Contracting Officer and COTR will, in addition to
following the requirements of the Prompt Payment Act, take steps necessary to resolve the
discrepancies with the Contractor.

c. Invoice Payment

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For the purposes of this subsection, “invoice payment” is a Government disbursement of moneys to
the Contractor under this contract for products and/or services which are formally accepted by the
Government. Invoices are payable in accordance with the requirements of the Prompt Payment Act.
Payment will be considered as being made on the day of the electronic funds transfer is made.
A summary invoice shall be submitted to the Contracting Officer Technical Representative for all
deliveries made during a billing period, identifying the delivery tickets covered therein, starting their
total dollar value and supported by receipted copies of the delivery tickets.

18.0 PROVISIONS/CLAUSES

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 of contract end date.

FAR 52.217-9, Option to Extend the Term of the Contract

The Government may extend the term of this contract by written notice to the contractor within 1 day,
provided that the Government gives the contractor a preliminary written notice of its intent to extend at
least 5 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 60 months.

Use of Peace Corps’ Relationship and Logo (May 2003).

Under the Peace Corps Act, no party is allowed to use the Peace Corps name or logo unless one is
referring to official Peace Corps programs and activities. The Contractor shall make no publicity
announcements or issue other public relations material mentioning the Contractor's connection with Peace
Corps and or use of the Peace Corps logo without the advance written concurrence of the Contracting
Officer. Under no circumstances shall the Peace Corps name or logo be used for personal or other non-
official correspondence or e-mails.

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 requests, 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/far/

NUMBER TITLE DATE


FEDERAL ACQUISITION REGULATIONS

52.201-1 DEFINITIONS JAN 2012


52.203-5 CONVENANT AGAINST CONTINGENT FEES APR 1984
52.203-7 ANTI-KICKBACK PROCEDURES OCT 2010
52.204-7 CENTRAL CONTRACTOR REGISTRATION FEB 2012

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52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS— APR 2011
COMMERCIAL ITEMS
52.212-4  CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS FEB 2012
52.232-1 PAYMENTS APR 1984
52.232-38  SUBMISSION OF ELECTRONIC FUNDS TRANSFER MAY 1999
INFORMATION WITH OFFER

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)).
___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.)
__ (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).
__ (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).
__ (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]
__ (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.
__ (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)).

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__ (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.
__ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).
__ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).
__ (18) 52.219-16, Liquidated Damages—Subcon-tracting 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).
__ (23)  52.219-28, Post Award Small Business Program Rerepresentation (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).
_ X_ (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).
__ (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).

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__ (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

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$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 clauses)

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