1202NV19Q0015_Medical_Oversight_.doc

IDAWY ACQUISITION SERVICE CENTER INSTRUCTIONAL COVER SHEET

issuing office:

U.S. Department of Agriculture

Forest Service

IDAWY Acquisition Service Center

1405 Hollipark Dr.

Idaho Falls, ID 83401

FAX (208) 557-5829

solicitation no. 1202NV19Q0015 offers are solicited for: Blanket Purchase Agreement for EMS Medical Oversight set-aside: Small Business Set-Aside important – notice to offeror:

AT A MINIMUM, OFFEROR SHALL SUBMIT THE FOLLOWING DOCUMENTS BACK WITH THEIR RESPONSE TO THIS SOLICITATION:

1.SF-1449 Request For Quotation (Complete, date, and sign)

2.Section I – Schedule of Items . Page(s) 3 (Complete Unit Price and Amount)

3.Experience Questionnaire, Page(s) 45 - 47 4.Representations and Certifications . Page (s) 49 -64 (Complete the Representations and Certifications electronically via the System for Award Management (SAM) website at https://www.sam.gov)

5. Acknowledgement of Amendment (If Any)

IT IS REQUIRED YOU WRITE THE SOLICITATION NUMBER ON THE OUTSIDE OF YOUR ENVELOPE.

Return to:

IDAWY Acquisition Service Center

1405 Hollipark Drive, ATTN: Beverly Winkler

Idaho Falls, ID 83401

Solicitation No. 1202NV19Q0015 IT IS REQUIRED THAT ALL CONTRACTOR’S BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT SYSTEM PRIOR TO AWARD UNDER THIS SOLICITATION. See Clause 52.204-7 System For award Management FOR DETAILS ON HOW TO APPLY.

it is the offerors responsibility to watch for any and all amendments to the solicitation, which shall be issued electronically through fedbizops.

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

948285

PAGE 1 OF

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

1202NV19Q0015

6. SOLICITATION ISSUE DATE

03/25/2019

7. FOR SOLICITATION

INFORMATION CALL

a. NAME

BEVERLY WINKLER

b. TELEPHONE NUMBER (No collect calls)

(208) 557-5773

8. OFFER DUE DATE/LOCAL TIME

04/12/2019 1:00 pm MST

9. ISSUED BY

CODE

UNRESTRICTED or FORMCHECKBOX

SET ASIDE: 100 % FOR:

IDAWY Acquisition Service Center

1405 Hollipark Drive

Idaho Falls, ID 83401

FORMCHECKBOX

Small Business FORMCHECKBOX Women-Owned Small Business

(WOSB) Eligible Under the Women-Owned

FORMCHECKBOX

Hubzone Small Small Business Program NAICS: 621111 Business FORMCHECKBOX Economically Disadvantaged Women-

FORMCHECKBOX

Service-Disabled Owned Small Business (EDWOSB) Size Standard: $11.0 Million

Veteran Owned Small Business FORMCHECKBOX 8(A)

FORMCHECKBOX

13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

13b. RATING

11. Delivery for FOB Destination unless Block is Marked

FORMCHECKBOX

See Schedule

12. Discount Terms

14. METHOD OF SOLICITATION

FORMCHECKBOX

RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

15. DELIVER TO

See Delivery Schedule Same as Block 9

17a. CONTRACTOR/

OFFEROR

FACILITY

TELEPHONE NO.:_____________________________________

DUNS NO:_____________________ CAGE Code. ___________________________ U.S. Dept. of Agriculture National Finance Center

P.O. Box 60000

New Orleans, LA 70160-0001

FORMCHECKBOX

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

FORMCHECKBOX

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Blanket Purchase Agreement for EMS Medical Oversight, Bridger-Teton National Forest This requirement is being procured as a fixed-price Simplified Acquisition.

Faxes will not be accepted.

PLEASE PLACE YOUR QUOTE IN SECTION I- SCHEDULE OF ITEMS

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

FORMCHECKBOX

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA FORMCHECKBOX

ARE FORMCHECKBOX

ARE NOT ATTACHED.

FORMCHECKBOX

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA FORMCHECKBOX

ARE FORMCHECKBOX

ARE NOT ATTACHED.

28. FORMCHECKBOX

CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _____ 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. FORMCHECKBOX

AWARD OF CONTRACT: REF. ___________________ 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

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) Beverly Winkler 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (REV. 5/2011)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

FORMCHECKBOX

RECEIVED FORMCHECKBOX

INSPECTED FORMCHECKBOX

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ___________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

FORMCHECKBOX

COMPLETE FORMCHECKBOX

PARTIAL FORMCHECKBOX

FINAL

37. CHECK NUMBER

PARTIAL

FINAL

42.b. RECEIVED AT (Location)

Standard Form 1449 (REV. 5/2011) Back

SECTION I--SUPPLIES OR SERVICES AND PRICES

BLANKET PURCHASE AGREEMENT

EMS MEDICAL OVERSIGHT

BRIDGER-TETON NATIONAL FOREST

JACKSON, WY/TETON COUNTY

This is a Blanket Purchase Agreement (BPA) for EMS Medical Oversight for the Bridger-Teton National Forest.

Please indicate firm fixed rate pricing per CLIN below.

I- 1 - Schedule of Items

1. Base Year – April 16, 2019 thru December 31, 2019

2. Year Two – January 1, 2020 thru December 31, 2020

3. Year Three – January 1, 2021 thru December 31, 2021

4. Year Four – January 1, 2022 thru December 31, 2022

5. Year Five – January 1, 2023 thru December 31, 2023

I- 2 - Pricing and Estimated Quantity Since the needs of the Government are undefined, it is mutually agreed that, upon request of the Government, the contractor shall furnish the resources listed herein to the extent the contractor is willing and able at the time of order.

This agreement is valid only with the vendor whose name appears on the BPA. The Vendor is responsible for notifying the Government of any change in name, ownership and prices (if included). The Government shall not be responsible for payments other than th terms of this agreement.

The prices to the Government shall be as low as or lower than those charged any other customer for comparable quantitites under similar terms and conditions, in addition to any discounts for prompt payment.

The Government is under no obligation to purchase from the vendor of this BPA. The Government is obligated only to the extent of authorized purchases actually made under this BPA. The vendor is under no obligation to supply any items or quantities not readily available.

The aggregate dollar limitations for the life of this BPA is $70,000.00. There is no minimum order guarantee under this BPA. No single order under this BPA shall exceed $15,000.00.

I- 3 – Agreement Period The estimated date of award is April 12, 2019. The Agreement period is for five years from the date of award. This agreement may be terminated upon a 30 day written notice by either party. It is subject to review by the Contracting Officer or Purchasing Agent annually to determine whether it should be continued or cancelled.

This BPA expires on April 15, 2024.

SECTION II - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

II- 1 – Scope of Work

The service to be provided is the medical oversight for the Bridger-Teton National Forest (BTNF) emergency medical services (EMS) program. This service requires special expertise in EMS operations and is the most critical portion of the BTNF EMS Program, as it brings all the components together. The contractor shall provide the BTNF with both direct and indirect medical oversight both on Forest and for employees on off-unit assignments, face-to-face local training, and support not found elsewhere in the area.

The contractor shall provide guidance to the Forest’s emergency medical personnel working in all environments, including wilderness and backcountry environments. The contractor shall have focused expertise in providing hands on skills in these specific environments, including but not limited to: Wildland Fire, Wilderness and Remote Medicine, and Prolonged Patient Care. The contractor shall maintain local availability and current medical protocols and advanced directives

The purpose of this solicitation is to procure Medical Oversight services for the Bridger-Teton National Forest (BTNF) emergency medical services (EMS) program. These employees are collateral duty Emergency Care Providers normally employed in positions including recreation technicians, wilderness ranger and wildland firefighters. These employees are currently credentialed in Wyoming or other states, as Emergency Medical Responders (EMR), Basic Emergency Medical Technicians, or Advanced Emergency Medical Technicians (EMTA).

These Forest Service employees occasionally provide emergency medical care for employees and visitors associated with remote outdoor recreation and high risk work activities such as wildland fire operations, back country trail work and are capable of extracting injured patients via short-haul rescue.

This service required special expertise in EMS operations and is the most critical portion of the BTNF EMS program as it brings all the components together. The contractor shall provide the BTNF with both direct and indirect medical oversight both on the Forest and for employees on off unit assignments

The contractor must be a Wyoming licensed physician and acknowledge National Registry certification, be able to extend their medical licensure beyond state lines, support the US National Park Service White Card Credentialing System and Protocols for Emergency Medical Providers and have knowledge and experience in Emergency Medical Services operations. The contractor will have the overall responsibility for the medical aspects of care provided by these Forest Service emergency medical personnel.

The contractor shall provide guidance to the Forest’s emergency medical personnel working in all environments, including wilderness and backcountry environments. The contractor shall have focused expertise in providing hands on skills in these specific environments, including but not limited to: wildland fire, wilderness and remote medicine and prolonged patient care. The contractor shall maintain local availability and current medical protocols and advanced directives. The contractor shall review and provide recommendations to the BTNF EMS and Search and Rescue plan, and other Forest policies and protocols.

II- 2 – Technical Specifications

1. The BTNF Emergency Medical Services program stipulates the requirements associated with the Medical Direction Services. Medical Services Direction is provided in accordance with the BTNF EMS program, and the National Emergency Medical Service requirements which includes medical direction, medical oversight, medical supervision and supply of emergency medical field kits for the BTNF emergency medical responders and BTNF Incident Management Teams (IMT). Service includes the review of EMS plan protocols and procedures, prescribes and supplies emergency medications, provides emergency medical training, oversees credentialing and acts as the medical subject matter expert for the BTNF EMS program. Services are provided on an on-call basis predominately over the telephone or electronically and less predominately on site in the field. Service includes both direct and indirect medical direction on forest and for BTNF employees on “off Forest” assignments. Request for services require a 10 minute response time from the Medical Director or approved designee. The Contractor has the overall responsibility for the medical aspects of care provided by the BTNF emergency medical responders. The emergency medical services require coordination and communication with other federal, state, local and Contractor provided medical direction entities to ensure continuity and quality emergency medical service. Services are required year round to support an average of 15 incidents. Historically, performance of medical direction services encompasses an effort of 100 hours per year. Incident Medical Supervision Services is an estimated effort of up to 100 hours per year responding to fire incidents. Services required for fire incidents are contingent upon severity of the fire season.

2. Contractor provides medical oversight and direction to the BTNF’s emergency medical personnel working in all environments, including wilderness, backcountry and leading or supporting Incident Management teams in accordance with the BTNF EMS program. The contractor shall have expertise in providing hands on emergency medical assistance in various environments, including but not limited to wildland fire, wilderness, remote medicine and prolonged patient care. Contractor maintains current medical protocols and advanced directives. This includes review and recommendations for the BTNF Emergency Management Plan and Search and Rescue plan, policies and protocols.

3. TRAINING: Provide annual training to the BTNF EMS providers at each district (6) on pertinent EMS program subjects covering the dynamics of emergency medical care for wildland fire operations, law enforcement activities and employees involved in remote work projects. The Medical Direction provider will prepare training materials and schedule trainings in coordination with the Contracting Officer’s Representative (COR).

4. MEDICAL OVERSIGHT: Medical direction is delivered on an on call basis year round to BTNF emergency medical responders and Incident Management Team leaders in the field on Forest or on assignment off the Forest. The contractor will be available by telephone, radio or other electronic means to answer questions and provide medical direction to the BTNF EMS providers in the field. In complex situations, the Contractor may be required to provide direction directly on site in the field.

5. INCIDENT MEDICAL SUPERVISION: Upon contractor acceptance of assignment, provide medical direction for Incident Management Teams (IMT) upon request by the Bridger Teton National Forest through the COR. This may include integrating other agencies’ emergency medical providers’ protocols into a medical supervision plan or directing the use of one set of protocols for the incident to ensure consistent medical support on the incident. Acceptance of incident medical direction will be determined on a case by case basis after receipt of request for service by the Bridger Teton National Forest and incident oversight requirements have been discussed with the contractor.

a. Work with Incident personnel to develop and/or implement emergency medical supervision plan outlining medical oversight and direction for the incident EMS personnel where the Federal Government (Forest Service, Park Service, Bureau of Land Management or Bureau of Indian Affairs) is the lead unit on the incident. Review and address differing protocols and credentials where other agency personnel are supporting the incident. Ensure clear communication with all medical incident personnel on acceptable medical protocols for the incident.

b. Where BTNF is not the lead unit on the incident but BTNF medical personnel are supporting the incident, coordinate and provide medical assistance to the incident medical director on BTNF medical protocols and the incident medical plan. Ensure BTNF medical personnel are apprised of any protocol changes or other change in procedures for the incident.

c. As requested by the medical unit leader when BTNF is not the lead unit, provide guidance and advice on medical protocols.

d. The BTNF Medical Director will be available for field travel to provide medical direction/supervision for emergency medical responders on fire or other incidents after being requested by the Bridger Teton National Forest.

e. Medical Supervision services for fire incidents are funded and paid through the Forest Service Fire Business processes and not the contract. The COR will advise the Medical Director when fire incident services are required and process the subsequent invoice and payment through the appropriate channels.

6. Serve as the BTNF medical liaison to the local medical community, other emergency medical directors and EMS agencies when needed.

7. MEDICAL KITS: The contractor is responsible for providing non-standard or prescription based supplies for 10 emergency medical kits per year for BTNF emergency medical responders that meet the protocols and requirements of the BTNF EMS program. These can include but are not limited to anaphylaxis kits including Epinephrine, Benadryl and needles, tourniquets and Zofron.

8. CREDENTIALING: The Contractor has the responsibility to manage the credentialing requirements of the BTNF emergency medical providers in accordance with the BTNF EMS program and state and federal emergency medical services requirements to ensure BTNF personnel remain qualified to provide emergency medical care. The BTNF has adopted the US National Park Service White Card credentialing system for Emergency Medical Providers.

9. CONTINUING EDUCATION: The contractor will monitor and advise the BTNF Emergency Medical Providers, (Emergency Medical Responders, Basic Emergency Medical Technicians, Intermediate Emergency Medical Technicians, and Advanced Emergency Medical Technicians) on the requirements necessary to meet or maintain emergency medical certification and credentialing requirements. The Contractor, in coordination with the COR, to ensures personnel remain qualified to respond to emergency incidents.

10. PROTOCOL DEVELOPMENT/REVIEW AND APPROVAL: The contractor will be knowledgeable and able to utilize current approved Grand Teton National Park (GTNP)/BTNF protocols and procedures. Protocols will be reviewed, as a minimum, once per year in coordination with the COR. The Medical Direction contractor will be responsible for reviewing other federal, state or local emergency medical protocols and provide appropriate medical direction to the BTNF medical responders should medical protocol differences exist among agencies or incidents that BTNF medical responders are supporting but where BTNF is not the lead agency.

11. SUBJECT MATTER EXPERT: The contractor acts as the BTNF medical Subject Matter Expert (SME) and provides medical guidance and direction to the BTNF as requested by Forest management, Incident Medical Directors, the COR, EMS Program Manager, and emergency medical responders. The contractor will provide expert medical advice and guidance on emergency medical service issues affecting the Forest Service.

12. PATIENT CARE REPORT (PCR): The contractor will review an adequate sample of PCR’s twice a year to determine the quality of documentation for problem assessment/reassessment, treatment provided, and disposition. Include critical incidents PCRs in the review. Identify strengths and weaknesses on patient care matters. Provide recommendations for improvement in patient care matters, change in treatment protocols and identify continuing education topics. Address issues and concerns with Forest Service emergency care providers and the BTNF EMS program manager. Submit the PCR reports electronically to the COR.

14. The contractor shall provide evidence of and maintain medical liability insurance which is not less than the amount normally prevailing within the local community for the medical direction services and in accordance with the State of Wyoming requirements. The Contractor shall insert the substance of this paragraph in all subcontracts under this contract for health care services. An apparently successful offeror, upon request by the Contracting Officer, shall furnish prior to contract award evidence of its, and its subcontractors, insurability concerning the medical liability insurance required by the State of Wyoming.

15. TRAVEL: Travel may be required in response to fire incidents. Coordinate travel with the COR prior to incurring any cost. The Forest Service will reimburse travel costs that are fair and reasonable using the Federal Travel Regulations as a guide. Travel associated with fire incidents is funded and paid through the Forest Service Fire businesses processes.

II- 3 – Authorized Personnel to Place Orders Warranted Contracting Officers and Purchasing Agents

II- 4 – Ordering Procedure BPA calls under this BPA will be issued as Firm Fixed Price orders. Specifications, delivery locations and quantities will be identified within each BPA call.

Incident EMS Services will be ordered by a Resource Order identifying the name and location of the incident.

An authorization must be obtained by the Vendor from the Contracting Officer or Purchasing Agent prior to starting any work under this agreement.

II- 5 – Basis of Measurement and Payment Payment will be made for accepted services and shall not exceed the agreed upon cost for the work assignment.

II- 6 – Designated Government Office for Submitting Proper Invoices Invoices for each BPA call shall be submitted through the Invoice Processing Platform (www.ipp.gov) system.

II- 7 – Key Personnel The key personnel assigned to this contract are considered to be essential to the work being performed herein. Prior to diverting any of the specified individuals to other programs, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract. No diversion shall be made by the Contractor without the written consent of the Contracting Officer: Provided that the Contracting Officer may ratify in writing such diversion and such ratification shall constitute the consent of the Contracting Officer required by this clause. The contract may be amended from time to time during performance to either add or delete personnel, as appropriate.

II- 8 – Government-Furnished Property

The Government will provide the following items of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the “Government Property” FAR clause contained elsewhere in the contract. The Government will deliver to the Contractor the following listed materials in accordance with the Government-Furnished Property Clause FAR 52.245-4:

*None

II-9 – Service Delivery Summary The contractor service requirements are summarized as performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

May

II- 10 – Supervision, Security, and Qualifications The contractor shall provide evidence of and maintain medical liability insurance which is not less than the amount normally prevailing within the local community for the medical direction services and in accordance with the State of Wyoming requirements. The Contractor shall insert the substance of this paragraph in all subcontracts under this contract for health care services. An apparently successful offeror, upon request by the Contracting Officer, shall furnish prior to contract award evidence of its, and its subcontractors, insurability concerning the medical liability insurance required by the State of Wyoming.

SECTION III--INSPECTION AND ACCEPTANCE

III- 1 - FAR 52.246-4 Inspection of Services--Fixed-Price (AUG 1996)

(a) Definitions. "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service or (2) terminate the contract for default.

III- 2 - Quality Assurance Inspections

a) The Government will perform periodic review of the Contractor's Quality Control Procedures, Plan, Inspection Reports, and customer comments.

b) Quality Assurance Inspections will be made by random sampling or entire inspection of the work, and follow up of customer comments. When validating customer comments, the possible cause of unacceptable performance will be determined. If any Government action or lack of action was the cause, the complaint is not valid and deficiencies shall not be counted against the Contractor.

c) Periodic means one (1) review each month, but may be done more frequently if necessary.

d) Work that does not meet the contract requirements will be brought to the Contractor's attention. Repetitive or continuous failure to meet contract requirements may result in a quality adjustment to payment or the Contractor's right to proceed may be terminated.

III- 3 - Quality Control The Contractor shall develop and maintain a quality program to ensure custodial services are performed in accordance with commonly accepted commercial practices. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services.

a) Quality Assurance. The government will periodically evaluate the Contractor’s performance in accordance with the Quality Assurance Surveillance Plan.

b) Government Remedies. The Contracting Officer shall follow FAR 52.212.4, Contract Terms and Conditions-Commercial Items (OCT 2003), for Contractor’s failure to perform satisfactory services or failure to correct non-conforming services.

SECTION IV--CONTRACT ADMINISTRATION DATA

IV- 1 - Contract Administration Information For documentation purposes a copy of all correspondence regarding this contract shall be mailed to both the Contracting Officer Representative and the Contracting Officer.

IV- 2 - Payment

a) Payment will be made upon invoice submittal at the contract price. Contract price and payment shall be full compensation for all contract work. The original invoice shall be mailed to the Contracting Officer Representative for approval. All monthly invoice shall be submitted via Invoice Processing Platform (IPP).

b) Quality adjustments shall be made when work has not been performed according to contract and the Contractor did not or could not correct the situation. An example of work that could not be corrected is failure to perform work that is required on a daily basis, such as cleaning bathrooms or emptying trash cans. The adjustment will be determined by totaling work not performed during the payment period and comparing it to the total work scheduled to be performed. If this comparison results in greater than 10% of the work not performed, an equal adjustment will be made.

SECTION V - CONTRACT CLAUSES

V- 1 - FAR 52.212-4 Contract Terms and Conditions - Commercial Items (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 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 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 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 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.

V- 2 - FAR 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

V- 3 - AGAR 452.204-71 Personal Identity Verification of Contractor Employees (OCT 2007)

(a) The contractor shall comply with the personal identity verification (PIV) policies and procedures established by the Department of Agriculture (USDA) Directives 4620-002 series.

(b) Should the results of the PIV process require the exclusion of a contractor’s employee, the contracting officer will notify the contractor in writing.

(c) The contractor must appoint a representative to manage compliance with the PIV policies established by the USDA Directives 4620-002 series and to maintain a list of employees eligible for a USDA LincPass required for performance of the work.

(d) The responsibility of maintaining a sufficient workforce remains with the contractor. Employees may be barred by the Government from performance of work should they be found ineligible or to have lost eligibility for a USDA LincPass. Failure to maintain a sufficient workforce of employees eligible for a USDA LincPass may be grounds for termination of the contract.

(e) The contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system.

(f) The PIV Sponsor for this contract is a designated program point of contact, which in most cases is the Contracting Officer Representative (COR), unless otherwise specified in this contract. The PIV Sponsor will be available to receive contractor identity information from 8:00am – 4:00pm Monday thru Friday at 340 North Cache, Jackson, Idaho. The Government will notify the contractor if there is a change in the PIV Sponsor, the office address, or the office hours for registration; however, it is the contractor’s responsibility to meet all aspects of paragraphs (c), (d), and (e).

V- 4 - AGAR 452.209-71 Assurance Regarding Felony Conviction Or Tax Delinquent Status For Corporate Applicants (FEB 2012) Alt I (FEB 2012)

(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf…