##### 



Exhibit 10.54  SOLICITATION/CONTRACT/ORDER FOR COMMERICAL ITEMSOfferor to complete blocks 12,17, 23, 24, & 30
    
    
    1. REQUISITION NUMBER
    
    
    PAGE 1 OF 352. CONTRACT NO.HHSO100200500008C
    3. AWARD/EFFECTIVE DATE
    
    4. ORDER NUMBER
    
    
    5. SOLICITATION NUMBER  Awarded under   RFP-DHHS-ORDC-         DDA-05-10
    
    
    6. SOLICITATION ISSUE DATE10/07/20057.  FOR SOLICITATION
    A. NAME
    
    
    
    
    B. TELEPHONE (No Collect Calls)
    
    
    8. OFFER DUE DATE/
LOCAL TIMEINFORMATION CALL
    Darrick A. Early
    
    
    202-205-5668
 9. ISSUED BY
    
    CODE
    
    
    
    
    10. THIS ACQUISITION ISx UNRESTRICTEDo SET-ASIDE:                    %FOR
     o SMALL BUSINESS
     o SMALL DISADV. BUSINSESS
     o 8(A)
NAICS:  325412
SIZE STANDARD: 750
    
    11. DELIVERY FOR FOB
DESTINATION UNLESS
BLOCK IS MARKEDo SEE SCHEDULE
    
    12. DISCOUNT TERMSHHS/OPHEP/ORDC
HUBERT H HUMPHREY BUILDING
200 INDEPENDENCE AVE, RM 636G
WASHINGTON DC 20201
Attention: David K. Beck
    
    
    
    o 13a. THIS CONTRACT IS A RATED ORDER
                      UNDER DPAS (15 CFR 700)13b. RATING14. METHOD OF SOLICITATION
                            o RFQ           o IFB           x RFP
 15. DELIVER TO:
    
    CODE
    
    
    
    16. ADMINSTERED BY
    CODESEE SOW FOR DELIVERY INFORMATION
    
    
    
    SEE BLOCK 9
 17a. CONTRACTOR/OFFEROR     CODE
    
    FACILITY
    
    
    
    18a. PAYMENT WILL BE MADE BY
    CODEAkorn, Inc.
2500 Milbrook Road
Buffalo Grove, IL 60089
    
    
    
    SEE BLOCK 9TELEPHONE:
    
    
    
    EFT: To 17b.  CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
    18b.  SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED: o SEE ADDENDUM
 19.
ITEM NO,
    
    20.
SCHEDULE OF SUPPLIES/SERVICES
    
    
    21.
QUANTITY
    
    22.
UNIT
    23.
UNIT PRICE
    
    
    24.
AMOUNTTITLE: Acquisition of Ca DTPA & Zn DTPA (Calcium and Zinc Diethylenetriaminepentaacetate) to support a public health emergency response to a radiological or nuclear event
    
    
    
    
    
    SEE PAGE 2
FOR SCHEDULE(Attach Continuation Sheet as Necessary)25. ACCOUNTING AND APPROPRIATION DATA
    
    
    
    
    
    
    26.TOTAL AWARD AMOUNT (For Govt. Use Only)See Section G.1
    
    
    
    
    
    
    $21,930,000.00x 27a. SOLICITATIONS INCORPORATE BY REFERENCE  FAR 52.212-1, 52.212-4.  FAR 52.212-3 AND 52.212-5 ARE ATTACHED.   ADDENDA x ARE      o ARE NOT ATTACHED.o 27b. CONTRACTS/PURCHASE ORDERS INCORPORATE BY REFERENCE  FAR 52.212-4.  FAR 52.212-5  IS ATTACHED.   ADDENDA o ARE      o ARE NOT ATTACHED.
 28.X
    
    CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ___2___
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON
ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS
SPECIFIED HEREIN.
    
    
    29.o
    
    AWARD OF CONTRACT: REFERENCE 
OFFER DATED . YOUR OFFER ON
SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR
CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS
TO ITEMS:
 30a. SIGNATURE OF OFFEROR/CONTRACTOR/s/ Arthur S. Przybyl
    
    
    31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)/s/ David K. Beck
 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)
    
    30c. DATE SIGNED
    
    
    31b. NAME OF CONTRACTING OFFICER
    
    31c. DATE SIGNEDArthur S. Przybyl, President and CEO
    
    December 27, 2005
    
    
    David K. Beck
    
    12/30/05
 32a. QUANTITY IN COLUMN 20 HAS BEEN
    33. SHIP NUMBER
    34. DO VOUCHER NUMBER
    35. AMOUNT VERIFIED
       CORRECT FOR|   PARTIAL   |    |    FINALo RECEIVED
    o INSPECTED
    o ACCEPTED, AND CONFORMS TO THE
     CONTRACT, EXCEPT AS NOTED
    36. PAYMENTo COMPLETE          o PARTIAL          o FINAL
    37. CHECK NUMBER
 32b. SIGNATURE OF AUTHORIZED GOVT. REPRESENTATIVE
    32c. DATE
    38. S/R ACCOUNT NUMBER
    39. S/R VOUCHER NUMBER
    40. PAID BY42a. RECEIVED BY (Print)41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
    41c. DATE
    42b.  RECEIVED AT (Location)42c. DATE RECD (YY/MM/DD)
    42d. TOTAL CONTAINERS






---



##### 



REFERENCE NO. OF DOCUMENT BEING CONTINUED
    
    
    PAGECONTINUATION SHEET
    
    
    HHSO100200500008C
    
    
    
    
    
    
    
    2
 NAME OF OFFEROR OR CONTRACTORAkorn Inc. ITEM NO.
    
    
    SUPPLIES/SERVICES
    
    
    QUANTITY
    
    
    UNIT
    
    
    UNIT PRICE
    
    
    AMOUNTSECTION BSUPPLIES/SERVICES(Items 0001 to 0003 are included in the initial award of the contract)0001
    
    
    
    Ca-DTPA 200 mg/ml, 5 ml single dose Ampoules per the SOW
(including storage for up to 3 months)
See requirement 1
    
    
    
    390,000
    
    
    
    Amp.
    
    
    $
    48.60
    
    
    
    $
    18,954,000.000002
    
    
    
    Zn-DTPA 200 mg/ml, 5 ml single dose Ampoules per the SOW
(including storage for up to 3 months)
See Requirement 1
    
    
    
    60,000
    
    
    
    Amp.
    
    
    $
    49.60
    
    
    
    $
    2,976,000.000003
    
    
    
    Potency and Stability Testing of finished Ca-DTPA and Zn-DTPA
    
    
    
    1
    
    
    
    job
    
    
    Not
    
    
    NSPSee Requirement 2a and 2b
    
    
    
    
    
    
    
    
    
    
    
    
    SeparatelyPriced (NSP)(Items 0004 to 0008 are options that may be exercised by the
    
    
    Up ToGovernment during the period from award of the contract to five
years after award. Item 0009 is an option that may be exercised up
to 10 years after award. )0004
    
    
    
    Storage of Product (Fixed Unit Price per pallet per month)
    
    
    
    26 X 12
    
    
    
    pallet
    
    
    $
    104.00
    
    
    
    $
    32,448.00See Requirement 3
    
    
    
    
    
    
    
    /month0005
    
    
    
    Shipping of Product (Fixed Unit Price per pallet)
    
    
    
    26
    
    
    
    Pallet
    
    
    NSP
    
    
    NSPSee Requirement 30006
    
    
    
    Disposition of Product (Fixed Unit Price per pallet)
    
    
    
    26
    
    
    
    Pallet
    
    
    NSP
    
    
    NSPSee Requirement 50007
    
    
    
    Option for Additional Purchases of Ca DTPAA. Price for units delivered 12-24 months after contract award
    
    
    
    500,000
    
    
    
    Amp.
    
    
    $
    58.36
    
    
    
    $
    29,180,000.00B. Price for units delivered 25-36 months after contract award
    
    
    
    500,000
    
    
    
    Amp.
    
    
    $
    61.57
    
    
    
    $
    30,785,000.00C. Price for units delivered 37-48 months after contract award
    
    
    
    500,000
    
    
    
    Amp.
    
    
    $
    65.58
    
    
    
    $
    32,790,000.00D. Price for units delivered 49-60 months after contract award
    
    
    
    500,000
    
    
    
    Amp.
    
    
    $
    70.49
    
    
    
    $
    35,245,000.000008
    
    
    
    Option for Additional Purchases of Zn DTPAA. Price for units delivered 12-24 months after contract award
    
    
    
    500,000
    
    
    
    Amp.
    
    
    $
    58.36
    
    
    
    $
    29,180,000.00B. Price for units delivered 25-36 months after contract award
    
    
    
    500,000
    
    
    
    Amp.
    
    
    $
    61.57
    
    
    
    $
    30,785,000.00C. Price for units delivered 37-48 months after contract award
    
    
    
    500,000
    
    
    
    Amp.
    
    
    $
    65.58
    
    
    
    $
    32,790,000.00D. Price for units delivered 49-60 months after contract award
    
    
    
    500,000
    
    
    
    Amp.
    
    
    $
    70.49
    
    
    
    $
    35,245,000.000009
    
    
    
    Additional Potency and Stability Testing of finished Ca-DTPA and Zn-
DTPA at the following months:A. 72 months
    
    
    
    1
    
    
    
    Job
    
    
    $
    100,000.00
    
    
    
    $
    100,000.00B. 84 months
    
    
    
    1
    
    
    
    Job
    
    
    $
    100,000.00
    
    
    
    $
    100,000.00C. 96 months
    
    
    
    1
    
    
    
    Job
    
    
    $
    100,000.00
    
    
    
    $
    100,000.00D. 108 months
    
    
    
    1
    
    
    
    job
    
    
    $
    100,000.00
    
    
    
    $
    100,000.00E. 120 months
    
    
    
    1
    
    
    
    job
    
    
    $
    100,000.00
    
    
    
    $
    100,000.00
 NSN 7540-01-152-8067
    
    OPTIONAL FORM 336 (4-86)Sponsored by GSAFAR (48 CFR) 53.11
 HHSO100200500008C
    
    2




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##### 



B.1. Brief description of supplies or services
  B.2 Option for Additional Purchases (Items 0007 and 0008)
  Section C  Description/Specification/Work Statement
 C.1 Background:
 C.2. Introduction:
 C.3. Current Vulnerabilities:
  3




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##### 



Statement of Work (SOW)
Acquisition of Ca-DTPA and Zn-DTPA
(Calcium and Zinc Diethylenetriaminepentaacetate)
to support a public health emergency response to a radiological or nuclear event
 C.4. SCOPE OF WORK
 1.) Summary of Requirements
  a.
    
    Manufacture under cGMP 390,000 doses of Ca-DTPA (Pentetate Calcium Trisodium Injection
Sterile Solution) at 200 mg/ml, in 5ml single-dose ampoules for delivery to the Strategic
National Stockpile (SNS).b.
    
    Manufacture under cGMP 60,000 doses of Zn-DTPA (Pentetate Zinc Trisodium Injection
Sterile Solution) at 200 mg/ml, in 5ml single-dose ampoules for delivery to the SNS.c.
    
    Submit to FDA sufficient supporting data for extension of the expiry to 60 months at
the earliest opportunity to New Drug Applications (NDAs) 21-749 and 21-751, in accordance
with agreements reached with FDA. In addition, the Contractor agrees to continue to
monitor stability through 60 months and to submit data in the annual report to both NDA
21-749 and NDA 21-751 providing for extension of the expiry on an annual basis. If options
are exercised by the Government, extend these studies and reporting for up to 120 months.d.
    
    Conduct quality control/quality assurance monitoring and subsequent reporting necessary
to insure appropriate storage conditions of the product while the product is in storage
under the Contractors control. These conditions are intended to support a 60 month
shelf-life of the product.e.
    
    Store product at a contractor facility until notification by the Project Officer and
until possession is taken by the SNS. The Contractor may be required to store drug product
at its own facility for up to 3 months as part of the price of CLINS 0001 and 0002. The SNS
will contact the Contractor through the Project Officer when it becomes necessary to
transfer the product to a USG storage facility and will provide instructions to the
Contractor to facilitate this transfer.f.
    
    Execute product disposition directions provided by the Project Officer.
 2.) Specific Technical Requirements
  Requirement
1
 a.
    
    The Contractor shall conduct cGMP manufacture of 390,000 doses of Ca-DTPA (Pentetate
Calcium Trisodium Injection Sterile Solution) at 200 mg/ml, in 5ml single-use ampoules.
These individual ampoules will be packed in boxes of 10 ampoules and these boxes will be
packed in cases of 800 ampoules.
 4




---



##### 



b.
    
    The Contractor shall conduct cGMP manufacture of 60,000 doses of Zn-DTPA (Pentetate
Zinc Trisodium Injection Sterile Solution) at 200 mg/ml, in 5 ml single-use ampoules. These
individual ampoules will be packed in boxes of 10 ampoules and these boxes will be packed
in cases of 800 ampoules.c.
    
    The Contractor shall provide information, data, and reports as required by the Project
Officer in order to facilitate review of contract activities by the USG and their
consultants. The Contractor will coordinate with the USG and their consultants to execute
site visits to audit the Contractor for compliance to cGMP; Security; and other
contractual; requirements as appropriate, and to perform site visit audits of the
manufacturing facility prior to production of the SNS lots and throughout the life of the
contract. These site visits are different from FDA inspections.d.
    
    The Contractor shall provide an operational plan detailing the practical aspects of
labeling, carton and shipping packaging to the Project Officer with the technical proposal.
The Contractor shall also provide a plan for labeling the product for the 120 month shelf
life as approved by the FDA.e.
    
    The Contractor shall provide primary and secondary points of contact that will be
available 24 hours per day, 7 days per week to respond as necessary to a public health
emergency as directed by the Project Officer.f.
    
    The Contractor shall provide all previous FDA GMP inspection reports (FDA 483 form) and
any follow-up correspondence between Hameln Pharmaceuticals, GmbH (Hameln, Germany) and FDA
concerning those inspections with their technical proposal of the manufacturers production
facility.g.
    
    The Contractor shall provide any information if requested by the FDA to enable FDA/CDER
to schedule and to execute a cGMP inspection to review the manufacturing facility prior to
and/or during production of the USG lots.
 Requirement 2
 a.
    
    Submit sufficient supporting data for extension of the expiry to 60 months at the
earliest opportunity to NDAs 21-749 and 21-751, in accordance with agreements reached with
FDA. In addition, the Contractor agrees to continue to monitor stability through 60 months
and to submit data in the annual report to both NDA 21-749 and NDA 21-751 providing for
extension of the expiry on an annual basis.b.
    
    The Contractor shall conduct stability studies per the protocol and commitments
outlined in NDAs 21-749 and 21-751, including potency testing, on the Bulk Drug Substance
lots and Final Drug Product (FDP) stored by the manufacturer or its representative.
Stability test results will support product expiration dating and testing will be performed
in accordance with current FDA Regulatory Guidelines or a stability protocol approved in
the NDA.c.
    
    The Contractor shall continue to perform requirements 2a and 2b for expiration dating
through 72, 84, 96, 108, and 120 months, as exercised by the government.
 5




---



##### 



Requirement 3
 a.
    
    The Contractor shall assume responsibility for the cost of shipping the finished
product once the Project Officer has directed the transfer of product to the SNS or other
site(s) for long-term storage. The Contractor shall assume an estimated shipping distance
of 1200 miles for all shipments of finished product. The USG will assume responsibility for
the cost of finished product long-term storage and emergency distribution of the finished
product. The product shall remain in storage at the manufacturer or its representative
facility until delivery of the finished product to the SNS.b.
    
    The Contractor shall ensure that the delivery of the drug products follows cGMP
procedures to maintain the integrity of the product en route. The manufacturer or its
representative shall perform/execute all necessary pilot transfers validate the shipping
method that will be used for delivery to the SNS, and write Standard Operating Procedures
(SOPs) in accordance with such validation, prior to first shipment of product. The
Contractor shall file the necessary documentation to the FDA/CDER to demonstrate compliance
with the SOPs for the safe movement of the product and shall include any protocol
deviations en route.c.
    
    The Contractor shall be responsible for the secure and segregated storage of held FDP
prior to lot release and subsequent shipment to the USG. The Contractor may also be
required to store FDP at its own facility for up to 3 months at no additional cost to the
USG. The Contractor may propose a delivery schedule that may not exceed 1 delivery per
month. Thirty days advance notice is required prior to shipment to the SNS or designated
cities.
 Requirement 4Security of Contract Operations and Information Technology Security
 The work performed for development, manufacturing, transport, storage and distribution will
be performed under a detailed security plan that ensures against theft, tampering or
destruction of the specific pertinent documents, information and data. The Contractor shall
develop a written Draft Security Plan, for the protection of physical facilities, using, for
example, fencing, controlled access, surveillance equipment, 2-person integrity rule, tamper
evident packaging, and armed guards. The Contractor shall submit the Draft Security Plan to
the Contracting Officer and Project Officer with the Technical Proposal. The Draft Security
Plan shall describe the procedures to be utilized to manage and monitor the general internal
operations of the firm and a description of Offerors facility(ies) in which the work will
be performed and related activity conducted, including work by any subcontractors and
consultants. The Draft Security Plan shall also include the Contractors procedures for
screening and background investigations of all employees, subcontractors and consultants who
have access to the development, manufacturing, transport, storage, and distribution of the
product. Such background inquiries and screening should include, but not be limited to,
education, previous employment, fingerprints and complete criminal history (FBI, state, and
local), credit reports, civil actions, DMV, social security account number verification,
drug testing, and references. Screening data should include the employees full name, any
aliases, date of birth, and Social Security numbers and other identifying numbers as
appropriate, e.g., Passport number. USG can audit and review at its discretion the
Contractors personnel records in order to confirm compliance with personnel screening and
background investigation requirements. Such access will also include interviews with
relevant Contractor human resources supervisory and hiring personnel.
 6




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##### 



The Draft Security Plan shall ensure confidentiality and integrity of and timely access by
authorized individuals to data, information and information technology systems, consistent
with OMB Circular A-130, Appendix III, HHS Information Security Program Policy, July 19,
2005. This plan should also address the Contractors security-related due diligence on
public information, marketing, advertising, including use of web site[s] impacting product
and supply chain security. This plan shall include the security measures to be used to
protect the medical countermeasure to be stored at the Contractors facility (e.g.,
refrigeration/freezer alarm systems, backup electrical power generator systems, etc.), and
the contingency plan to accommodate any manufacturing and storage problems caused by natural
or man-made disasters, power loss, refrigerant loss, equipment failures, etc.The Project Officer and the Information Protection and Systems Security (IPASS) Coordinator
will review the plan and submit comments to the Contractor within 30 days after receipt.
The Contractor shall revise the Security Plan, if required, and submit a Final Security Plan
to the Government within 30 days after receipt of the Governments comments. Performance of
work under this contract shall be in accordance with this written Final Security Plan.
 Requirement 5
 Upon expiration or termination (including partial termination) of this contract, the USG may
effect final disposition of any USG-purchased drug product in storage at the manufacturer or
its representative facility or in the SNS, for example the USG may elect to direct the
manufacturer or its representative to destroy all USG-purchased drug product in the
Contractors possession. Methods of disposition may vary from the one listed above. Due to
the uncertainty involved, prices for product disposition, whether identified above in this
requirement or otherwise proposed, will be negotiated as needed and incorporated into the
contract via modification.
 C.5. Additional Requirements
   Payment:
  7




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##### 



C.6. Reporting Requirements
    
    
    Title page containing Technical Progress Report, the contract number and title, the
period of performance or milestones being reported, the contractors name, address, and
other contract information, the author(s), and date of submission.
    
    Introduction/Background  An introduction covering the purpose and scope of the
contract effort.
    
    Progress  The report shall detail, document, and summarize the results of work
performed, test results, and milestones achieved during the period covered. Also to be
included is a summary of work planned for the next reporting period.
    
    Issues  Issues resolved, new issues and outstanding issues are enumerated with options
and recommendations for resolution. An explanation of any difference between planned
progress and actual progress, why the differences have occurred, and, if project activity
is delinquent, then what corrective steps are planned and revised timelines.
    
    Security assessment, problems and recommendations.
    
    FDA inspections and consultations results (oral or written).
    
    Inventory report of total number of drug product in storage.
    
    Invoices  Summary of any invoices submitted during the reporting period.
    
    Action Items  Summary table of activities or tasks to be accomplished by a certain
date and by whom.
    
    Distribution List  A list of persons receiving the Technical Progress report.
    
    Attachments  Results on the project are provided as attachments.
  
    
    Project Progress presented as milestone events, test results, tasks, and other
activities achieved during the reporting period as talking point bullets
    
    Project Issues presented headings and each item as a talking point bullet.
  8




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##### 



C. 7 Meetings and Conferences
  Section D and E  Reserved
 Section F  Deliveries or Performance
 F. 1. Deliverables
  1.
    
    The Contractor shall manufacture under cGMP 390,000 doses of Ca-DTPA (Pentetate Calcium
Trisodium Injection Sterile Solution) at 200 mg/ml, in 5ml single-dose ampoules for
delivery to the SNS. The USG requires all FDP to be delivered within 1 year of contract
execution date. Drug product accepted by the USG for the Strategic National Stockpile
(SNS) shall have 120 months of labeled expiry dating (November 2014 or later). (See
Requirement 1)2.
    
    The Contractor shall manufacture under cGMP 60,000 doses of Zn-DTPA (Pentetate Zinc
Trisodium Injection Sterile Solution) at 200 mg/ml, in 5ml single-dose ampoules for
delivery to the SNS. The USG requires all FDP to be delivered within 1 year of contract
execution date. Drug product accepted by the USG for the SNS shall have 120 months of
labeled expiry dating (November 2014 or later). (See Requirement 1)3.
    
    Under Item 0003 the Contractor shall submit sufficient supporting data for extension of
the expiry to 60 months at the earliest opportunity to NDA 21-749 and NDA 21-751, in
accordance with agreements reached with FDA. In addition, the Contractor agrees to continue
to monitor stability through 60 months and to submit data in the annual report to both NDA
21-749 and NDA 21-751 providing for extension of the expiry on an annual basis. If options
are exercised by the Government, the Contractor shall extend these studies and reporting
for up to 120 months. (See Requirement 2)4.
    
    Under Item 0004 the Contractor shall conduct quality control/quality assurance
monitoring and subsequent reporting necessary to insure appropriate storage conditions of
the product while the product is in storage under the Contractors control. These
conditions are intended to support a 60 month shelf-life of the product or 120 months, if
options are exercised by the Government.
 9




---



##### 



F.2 Inventory Reports
 Ca-DTPA
and Zn-DTPA
 
 SECTION G  CONTRACT ADMINISTRATION DATA
 G.1. Accounting and Appropriation Data
  SECTION
H  SPECIAL CONTRACT REQUIREMENTS
 H.1. Risk of Loss
  H.2. Replacement of Product
  H.3. Discount
  10




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##### 



SECTION I  CONTRACT CLAUSES
 I.1. Commercial Item Clauses-Incorporated by Reference
      I.2. 52.212-4 Addendum
 A. PACKAGING
  B. CONTRACTING OFFICER (Jul 1999)
   C. PROJECT OFFICER
     11




---



##### 



D. NOTICE PRIOR TO PUBLICATION
  E. PRESS RELEASES
 1.
    
    Pursuant to Public Law(s) cited in paragraph (2), below, the contractor shall clearly state,
when issuing statements, press releases, requests for proposals, bid solicitations and other
documents describing projects or programs funded in whole or in part with Federal money: the
percentage of the total costs of the program or project which will be financed with Federal
money; the dollar amount of Federal funds for the project or program; and the percentage and
dollar amount of the total costs of the project or program that will be financed by
nongovernmental sources.
 2.
    
    Public Law and Section No.
    
    Fiscal Year
    
    Period CoveredP.L. 108-447,
Title V  General Provisions, Section 506
    
    
    2005
    
    
    10/1/04  9/30/05
 F. REPORTING MATTERS INVOLVING FRAUD, WASTE AND ABUSE
 1-800-HHS-TIPS (1-800-447-8477). Htips@os.dhhs.gov
 
 I.3. 52.212-3 Offeror Representations and Certifications-Commercial Items (March 2005).
 I.4. DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATION (HHSAR) (48 CFR CHAPTER 3)
CLAUSES
 12




---



##### 



HHSARClause No.
    
    Date
    
    Title352.202-1
    
    Jan 2001
    
    Definitions352.232-9
    
    Apr 1984
    
    Withholding of Contract Payments352.270-4
    
    Jan 2001
    
    Pricing of Adjustments352.270-6
    
    Jul 1991
    
    Publication and Publicity352.270-7
    
    Jan 2001
    
    Paperwork Reduction Act
 I.5. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jul 2005)
 Contract Terms and Conditions Required to Implement Statutes or Executive OrdersCommercial Items(July 2005)
  Aug
 Oct 2004
  Contracting Officer check as appropriate
 þ
    
    (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jul 1995), with Alternate I (Oct 1995) (41 U.S.C.
253g and 10 U.S.C. 2402).o
    
    (2) 52.219-3, Notice of Total HUB Zone Set-Aside (Jan 1999) (15 U.S.C. 657a).o
    
    (3) 52.219-4, Notice of Price Evaluation Preference for HUB Zone Small Business Concerns (July 2005) (if the
offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).o
    
    (4) (i) 52.219-5, Very Small Business Set-Aside (June 2003) (Pub). L. 103-403, section 304, Small Business
Reauthorization and Amendments Act of 1994).o (ii) Alternate I (Mar 1999) of 52.219-5.o (iii) Alternate II (June 2003) of 52.219-5.o
    
    (5) (i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).o (ii) Alternate I (Oct 1995) of 52.219-6.o (iii) Alternate II (Mar 2004) of 52.219-6.o
    
    (6) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).o (ii) Alternate I (Oct 1995) of 52.219-7.o (iii) Alternate II (Mar 2004) of 52.219-7.þ
    
    (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d) (2) and (3).o
    
    (8) (i) 52.219-9, Small Business Subcontracting Plan (July 2005) (15 U.S.C. 637(d) (4).o (ii) Alternate I (Oct 2001) of 52.219-9.o (iii) Alternate II (Oct 2001) of 52.219-9.o
    
    (9) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a) (14).o
    
    (10) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (July
2005) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it
shall so indicate in its offer).o (ii) Alternate I (June 2003) of 52.219-23.
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o
    
    (11) 52.219-25, Small Disadvantaged Business Participation ProgramDisadvantaged Status and Reporting (Oct 1999)
(Pub). L. 103-355, section 7102, and 10 U.S.C. 2323).o
    
    (12) 52.219-26, Small Disadvantaged Business Participation ProgramIncentive Subcontracting (Oct 2000) (Pub). L.
103-355, section 7102, and 10 U.S.C. 2323).o
    
    (13) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004).þ
    
    (14) 52.222-3, Convict Labor (June 2003) (E.O. 11755).þ
    
    (15) 52.222-19, Child LaborCooperation with Authorities and Remedies (June 2004) (E.O. 13126).þ
    
    (16) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).þ
    
    (17) 52.222-26, Equal Opportunity (Apr 2002) (E.O. 11246).þ
    
    (18) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible
Veterans (Dec 2001) (38 U.S.C. 4212).þ
    
    (19) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).þ
    
    (20) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible
Veterans (Dec 2001) (38 U.S.C. 4212).o
    
    (21) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).o
    
    (22) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Aug 2000) (42
U.S.C. 6962(c) (3) (A) (ii)).o (ii) Alternate I (Aug 2000) of 52.223-9 (42 U.S.C. 6962(i) (2) (C)).o
    
    (23) 52.225-1, Buy American ActSupplies (June 2003) (41 U.S.C. 10a-10d).o
    
    (24) (i) 52.225-3, Buy American ActFree Trade AgreementsIsraeli Trade Act (Jan 2005) (41 U.S.C. 10a-10d,
19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286).o (ii) Alternate I (Jan 2004) of 52.225-3.o (iii) Alternate II (Jan 2004) of 52.225-3.o
    
    (25) 52.225-5, Trade Agreements (Jan 2005) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).o
    
    (26) 52.225-13, Restrictions on Certain Foreign Purchases (Mar2005) (E.o.s, proclamations, and statutes
administered by the Office of Foreign Assets Control of the Department of the Treasury).o
    
    (27) 52.225-15, Sanctioned European Union Country End Products (Feb 2000) (E.O. 12849).o
    
    (28) 52.225-16, Sanctioned European Union Country Services (Feb 2000) (E.O. 12849).o
    
    (29) 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)).o
    
    (30) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).þ
    
    (31) 52.232-33, Payment by Electronic Funds TransferCentral Contractor Registration (Oct 2003) (31 U.S.C. 3332).o
    
    (32) 52.232-34, Payment by Electronic Funds TransferOther than Central Contractor Registration (May 1999) (31 U.S.C.
3332).o
    
    (33) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).o
    
    (34) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).o
    
    (35) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Apr 2003) (46 U.S.C. App. 1241 and
10 U.S.C. 2631).o (ii) Alternate I (Apr 2003) of 52.247-64.
  Contracting Officer check as appropriate.
 o (1) 52.222-41, Service Contract Act of 1965, as Amended (July 2005) (41 U.S.C. 351, et
seq.).o (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.).o (3) 52.222-43, Fair Labor Standards Act and Service Contract ActPrice Adjustment (Multiple
Year and Option Contracts) (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
 14




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o (4) 52.222-44, Fair Labor Standards Act and Service Contract ActPrice Adjustment (Feb
2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).o (5) 52.222-47, SCA Minimum Wages and Fringe Benefits Applicable to Successor Contract
Pursuant to Predecessor Contractor Collective Bargaining Agreements (CBA) (May 1989) (41 U.S.C.
351, et seq.).
 Comptroller General Examination of Record
          et seq
   Attachment:
  15




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General
 Format
 Number of Copies
 Frequency
 Preparation and Itemization of the Invoice
  
        Currency
 16