1282A719Q0005.pdf
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- Medical Services Federal contract opportunity
- Solicitation number
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LBJ Job Corps Center Medical Services
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
82A7
LAKEWOOD CO 80401
1617 COLE BLVD
USDA FOREST SERVICE
JOB CORPS AQM
4566 CODE 16. ADMINISTERED BYCODE
X
X
X
621111
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED OR82A7
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
02/04/2019 1200 MT
01/07/2019
303-275-5158DONALD WATSON
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
1282A719Q0005
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 25 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
FRANKLIN NC 28734
3170 WAYAH RD
LYNDON B JOHNSON CCC
USDA FOREST SERVICE
15. DELIVER TO
LAKEWOOD CO 80401
1617 COLE BLVD
USDA FOREST SERVICE
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$11.00
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULE
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
JOB CORPS AQM
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
LBJ Job Corps Center, in Franklin, NC has a requirement for on-site Medical Services for a Base Period and five (5) Option Periods to be exercised at the sole discretion of the Government. A single, firm-fixed price award is anticipated as a result of this Request for Quote. The Contractor shall be required to provide services as detailed in this solicitation.
***Any questions should be submitted IN WRITING, via email, to drwatson02@fs.fed.us.
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
XX
DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT:
REF.
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Period of Performance: 03/01/2019 to 08/31/2019
001 Medical Services - Base Period 100 HR
(4 hours per week)
Anticipated Award Type: Firm-fixed-price
Product/Service Code: Q201
Product/Service Description: MEDICAL- GENERAL
HEALTH CARE
101 Medical Services - Option Period One 200 HR
4 hours per week x 50 weeks per year)
Anticipated Award Type: Firm-fixed-price
(Option Line Item)
Product/Service Code: Q201
Product/Service Description: MEDICAL- GENERAL
HEALTH CARE
Period of Performance: 09/01/2019 to 08/31/2020
201 Medical Services - Option Period Two 200 HR
4 hours per week x 50 weeks per year)
Anticipated Award Type: Firm-fixed-price
(Option Line Item)
Product/Service Code: Q201
Product/Service Description: MEDICAL- GENERAL
HEALTH CARE
Period of Performance: 09/01/2020 to 08/31/2021
301 Medical Services - Option Period Three 200 HR
Continued ...
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
25 2 of
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 25
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
1282A719Q0005
4 hours per week x 50 weeks per year)
Anticipated Award Type: Firm-fixed-price
(Option Line Item)
Product/Service Code: Q201
Product/Service Description: MEDICAL- GENERAL
HEALTH CARE
Period of Performance: 09/01/2021 to 08/31/2022
401 Medical Services - Option Period Four 200 HR
(4 hours per week x 50 weeks per year)
(Option Line Item)
Product/Service Code: Q201
Product/Service Description: MEDICAL- GENERAL
HEALTH CARE
Period of Performance: 09/01/2022 to 08/31/2023
501 Medical Services - Option Period Five 100 HR
(4 hours per week)
(Option Line Item)
Product/Service Code: Q201
Product/Service Description: MEDICAL- GENERAL
HEALTH CARE
Period of Performance: 09/01/2023 to 02/29/2024
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
TABLE OF CONTENTS
PART CONTENTS PAGE
| I | STANDARD | FORM | (SF) | 1449 | 1‐3 |
| Table | of | Contents | 4 | ||
| Continuation | of | SF | 1449 | 5‐7 |
II CONTRACT CLAUSES 8‐13
| FAR | 52.212‐4, | Contract | Terms | and | Conditions | ‐ | 8 | ||
| Commercial | Items | ||||||||
| Addendum | to | FAR | 52.212‐4 | 8‐10 |
| FAR | 52.212‐5, | Contract | Terms | and | Conditions | Required | to | 10‐13 | |||||
| Implement | Statutes | and | Executive | Orders |
III CONTRACT DOCUMENTS, EXHIBITS, AND ATTACHMENTS 14‐21
| Performance | Work | Statement | (PWS) | 14‐20 | |
| ‐ Quality | Assurance | Surveillance | Plan | (QASP) | 20‐21 |
| IV | SOLICITATION | PROVISIONS | AND | QUOTE | SUBMISSION | INSTRUCTONS | 22‐25 | ||||||
| (This | section | will | be | removed | at | time | of | award) |
NOTE: This contract was awarded using Simplified Acquisition procedures.
ATTACHMENT TO SF 1449 ‐ SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | PAGE OF PAGES
(Solicitation No 1282A719Q0005) | | IN REFERENCE TO Continuation of SF 1449 |__5 |__ 25___
PART I ‐ CONTINUATION OF STANDARD FORM 1449
I. CONTINUATION OF BLOCKS 19 THROUGH 24 (Schedule of Services):
| 1. BASIC | SERVICES: | See | the | Performance | Work | Statement | (PWS). | Provide | all | management, | supervision, | |||
| labor, | supplies, | materials, | and | equipment | (except | as | otherwise | specified | herein), | and | plan, | schedule, | ||
| and | coordinate | as | necessary | to | ensure | effective | performance | of | ON‐SITE | Medical | services | as | specified |
herein.
| Medical | services | are | defined | as | Physician | services | or | a | combination | of | Physician | and | Physician |
| Services/Nurse | Practitioner | services. | All | services | provided | must | be | in | accordance | with | state |
regulations.
| The | Physician | and/or | Physician | Assistant/Nurse | Practitioner | must | have | an | active, | unrestricted | |||||
| license | to | practice | in | state | where | the | center | is | located. | Primary | care | physician | preferred | – | |
| family | medicine, | pediatrics, | or | internal | medicine. |
Candidates with active, unrestricted licenses other than specified above, who are
| qualified | to | provide | Physician | services | in | the | State | where | services | are | to | be | performed, | |
| MAY | be | considered | at | the | sole | discretion | of | the | Government | and | would | require | a | waiver |
| prior | to | providing | services. |
| All | candidates | require | approval | by | the | Contracting | Office | (CO) | PRIOR | to | providing | services | at |
| the | Center | before | and | after | award. |
| Contractors | are | only | responsible | for | providing | for | basic | health | care | as | detailed | in | the | PWS | in |
| accordance | with | the | Policy | and | Requirements | Handbook | (PRH) | Exhibit | 6‐4 | (Job | Corp | Basic | |||
| Health | Care | Responsibilities) | http://www.jobcorps.gov/libraries/pdf/prh.sflb. |
2. LOCATION: The Contractor shall be fully responsible for providing Medical Services as indicated herein for the location listed below:
| LBJ | Job | Corps | Center |
| 3170 | Wayah | Road | |
| Franklin, | NC | 28734 |
3. PERFORMANCE: Contractor personnel will perform all work required in the PWS for the amounts
| agreed | to | as | stated | below | and | in | accordance | with | the | applicable | wage | determination, | if | applicable. | The | ||
| center | will | be | closed | for | all | Federal | holidays | and | two | weeks | during | the | winter. | The | break | generally | |
| occurs | during | the | last | two | weeks | of | December; | however, | the | exact | dates | are | subject | to | change. | The | |
| Contractor | will | be | paid | based | upon | the | actual | work | performed | pursuant | to | the | PWS. | Performance | |||
| schedules | shall | be | agreed | to | through | mutual | agreement | with | Center | personnel. |
4. SUBSTITUTE SERVICES: When Contractor personnel are on vacation, sick leave, or any other leave,
| qualified | substitute(s) | shall | be | provided | by | the | Contractor | in | accordance | with | the | PWS. | The | Contractor | |
| shall | ensure | that | the | current | license(s) | for | each | substitute | personnel | is | submitted | to | the | WO‐AQM | office |
| for | approval | PRIOR | to | providing | services. |
ATTACHMENT TO SF 1449 ‐ SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | PAGE OF PAGES
IN REFERENCE TO Continuation of SF 1449 |__6 |__ 25___
5. SCHEDULE OF SERVICES:
19.
ITEM
NO.
20.
SCHEDULE OF SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
TOTAL AMT
BASE PERIOD SERVICES – March 01, 2019 through August 31, 2019
| 001 | Medical | Services | |
| (4 | hours | per | week) |
100 HR $ $
BASE PERIOD SERVICES TOTAL: $
19.
ITEM
NO.
20.
SCHEDULE OF SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
TOTAL AMT
OPTION PERIOD ONE SERVICES – September 01, 2019 through August 31, 2020
| 101 | Medical | Services | ||||||
| (4 | hours | per | week | x | 50 | weeks | per | year) |
200 HR $ $
OPTION PERIOD ONE SERVICES TOTAL: $
19.
ITEM
NO.
20.
SCHEDULE OF SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
TOTAL AMT
OPTION PERIOD TWO SERVICES – September 01, 2020 through August 31, 2021
| 201 | Medical | Services | ||||||
| (4 | hours | per | week | x | 50 | weeks | per | year) |
200 HR $ $
OPTION PERIOD TWO SERVICES TOTAL: $
19.
ITEM
NO.
20.
SCHEDULE OF SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
TOTAL AMT
OPTION PERIOD THREE SERVICES – September 01, 2021 through August 31, 2022
| 301 | Medical | Services | ||||||
| (4 | hours | per | week | x | 50 | weeks | per | year) |
200 HR $ $
OPTION PERIOD THREE SERVICES TOTAL: $
19.
ITEM
NO.
20.
SCHEDULE OF SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
TOTAL AMT
OPTION PERIOD FOUR SERVICES – September 01, 2022 through August 31, 2023
| 401 | Medical | Services | ||||||
| (4 | hours | per | week | x | 50 | weeks | per | year) |
200 HR $ $
OPTION PERIOD FOUR SERVICES TOTAL: $
ATTACHMENT TO SF 1449 ‐ SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | PAGE OF PAGES
IN REFERENCE TO Continuation of SF 1449 |__7 |__ 25___
19.
ITEM
NO.
20.
SCHEDULE OF SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
TOTAL AMT
OPTION PERIOD FIVE SERVICES – September 01, 2023 through February 29, 2024
| 501 | Medical | Services | |
| (4 | hours | per | week) |
100 HR $ $
OPTION PERIOD FIVE SERVICES TOTAL: $
GRAND TOTAL WITH ALL OPTIONS: $____________________
6. ADDITIONAL INFORMATION
Emergency Services: Emergency services are not included into the scope of work. Should the center require emergency medical assistance, the center shall contact 911 for immediate assistance.
Hours per Week: The requirement is a firm‐fixed priced contract for 200 total annual hours (100
| hours | for | the | first | and | fifth | six‐month | periods | of | performance) | which | shall | consist | of | 4 | hours | per | ||
| week. | It | is | acceptable | for | the | center/contractor | to | ‘flex’ | hours | from | one | week | to | another | as | long | as | |
| ALL | the | total | annual | hours | are | provided | by | the | end | of | the | contract | period | of | performance. | (Funding | ||
| is | for | 50 | weeks | per | annum | on | year‐long | option | periods) |
| Missed | Days: | All | diligence | and | effort | shall | be | made | to | make | up | any | missed | days/hours | as | soon | as | |
| possible. | Upon | mutual | agreement, | additional | hours | can | be | provided | outside | the | established | |||||||
| schedule | in | order | to | make | up | any | missed | days. |
ATTACHMENT TO SF 1449 ‐ SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | PAGE OF PAGES
IN REFERENCE TO Contract Clauses _ |__8 |__ 25___
PART II ‐‐ CONTRACT CLAUSES
II. 1. FAR 52.212‐4 CONTRACT TERMS AND CONDITIONS ‐‐ COMMERCIAL ITEMS (JAN 2017)
| As | stated | in | Block | 27 | of | the | SF | 1449, | the | provision | at | 52.212‐4 | – | Contract | Terms | and | Conditions | – | Commercial | Items | is |
| hereby | incorporated | by | reference, | and | any | addendum | to | the | provision | applies | to | this | acquisition, | however, | in | ||||||
| accordance | with | FAR | 12.302, | the | following | paragraphs | of | this | clause | have | been | tailored, | all | other | paragraphs | remain |
unchanged.)
| (c) | Changes | (tailored). | Changes | in | the | terms | and | conditions | of | this | contract | may | be | made | only | by | written | |
| agreement | of | the | parties. | NOTE: | Modifications | to | exercise | option | years | are | issued | unilaterally, | as | it’s | at | the | ||
| Government’s | sole | discretion | to | invoke | additional | performance | periods. |
II. 2. ADDENDUM TO FAR 52.212‐4
| A. | FAR | 52.252‐2 | CLAUSES | INCORPORATED | BY | REFERENCE | (FEB | 1998) | |||||||||||||||
| This | contract | incorporates | one | or | more | clauses | by | reference, | with | the | same | force | and | effect | as | if | they | were | given | in | |||
| full | text. | Upon | request, | the | Contracting | Officer | will | make | their | full | text | available. | Also, | the | full | text | of | a | clause | may | be | ||
| accessed | electronically | at | this | address: | https://www.acquisition.gov/far | and | |||||||||||||||||
| http://www.dm.usda.gov/procurement/policy/agar_x/agar04/index.html. | (End | of | Clause) |
FAR 52.204‐4 Printed or Copied Double‐Sided On Recycled Paper (MAY 2011)
| 52.204‐9 | Personal | Identity | Verification | of | Contractor | Personnel | (JAN | 2011) | |||
| 52.204.18 | Commercial | and | Government | Entity | Code | Maintenance | (JUL | 2016) | |||
| 52.228‐5 | Insurance | – | Work | on | A | Government | Installation | (JAN | 1997) | ||
| 52.232‐40 | Providing | Accelerated | Payments | To | Small | Business | Subcontractors | (DEC | 2013) | ||
| 52.237‐7 | Indemnification | and | Medical | Liability | Insurance | (JAN | 1997) |
*1 million dollars per occurrence/3 million aggregate.
| AGAR | 452.224‐70 | Confidentiality | of | Information | (FEB | 1988) | |||||||||
| 452.228‐71 | Insurance | Coverage | (NOV | 1996) | |||||||||||
| 452.237‐74 | Key | Personnel | (FEB | 1988) | |||||||||||
| The | Contractor | Shall | Assign | To | This | Contract | The | Following |
| Key | Personnel: | *Physician | and | |
| Physician | Assistant/Nurse | Practitioner, | if | applicable |
452.237‐75 Restrictions against Disclosure (FEB 1988)
B. CLAUSES AND OTHER CONTRACT REQUIREMENTS IN FULL TEXT
FAR 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. |
52.217‐9 Option to Extend the Term of the Contract (MAR 2000)
| (a) | The | Government | may | extend | the | term | of | this | contract | by | written | notice | to | the |
| Contractor | within | 30 | days | of | expiration | of | the | current | contract; | provided | that | the | ||
| Government | gives | the | Contractor | a | preliminary | written | notice | of | its | intent | to | extend | at | least |
| 60 | 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. |
ATTACHMENT TO SF 1449 ‐ SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | PAGE OF PAGES
IN REFERENCE TO Contract Clauses _ |__9 |__ 25___
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years and 6 months.
| AGAR | 452.204‐71 | Personal | Identity | Verification | of | Contractor | Personnel | (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. | 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 | unaccompanied | physical | access | to | a | Federally‐controlled | facility | |
| and/or | routine | unaccompanied | 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 | COR\COTR, | unless | otherwise | specified | in | this | contract. | The | PIV | Sponsor | |
| will | be | available | to | receive | contractor | identity | information | from | Monday | to | Friday | during | |||
| business | hours | at | the | Job | Corps | Center. | 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). |
REPORTING ALLEGED CHILD ABUSE
Pursuant to the spirit and requirements of P.L. 101‐647, Section 225 and 226, the following applies:
| Any | employee | or | representative | of | the | Contractor | who | becomes | aware | of | ||||||||
| allegations | that | a | child | in | the | program | covered | by | this | contract | is | (a) | a | victim | of | a | crime | of |
| physical, | verbal, | or | emotional | abuse, | sex | abuse, | or | exploitation; | or | (b) | a | witness | to | a | crime | |||
| committed | against | another | person; | shall | make | a | report | of | the | suspected | abuse | to | the | |||||
| Contracting | Officer | and | the | Contracting | Officer’s | Representative | (COR) | within | 24 | hours. | The | |||||||
| initial | report | shall | be | made | by | phone | and | shall | be | followed‐up | in | writing, | providing | salient | ||||
| points | of | the | allegations. |
| When | such | allegations | about | a | contractor | employee | occur | as | covered | by | this | clause, | |||
| the | Contractor | employee | who | is | the | subject | of | the | allegations | will | immediately | be | required | ||
| to | vacate | the | work | site | and | will | be | replaced | by | another | contactor | employee. | The | subject | |
| employee | will | remain | away | from | the | work | site | until | an | investigation | is | completed. | The | ||
| Government | will | not | incur | additional | costs | by | the | Contractor | who | must | provide | a | |||
| replacement | employee. | If | the | contractor | cannot | provide | a | substitute | employee | during | the | ||||
| investigation, | the | contract | may | be | terminated | for | performance | related | issues. |
| The | Contractor | shall | limit | disclosure | of | documents | concerning | alleged | child | abuse | to | ||||
| the | persons | who | by | reason | of | their | participation | in | the | proceeding | have | reason | to | know | such |
information.
| Any | conviction | of | a | sex | crime, | an | offense | involving | a | child | victim | or | drug | felony, | an |
| assault | felony, | or | any | other | violent | crime, | will | be | grounds | for | denying | employment | or | for | |
| dismissal | of | an | employee | in | any | position‐serving | children. | Conviction | of | a | crime | other | than | a | |
| sex | crime | may | be | considered | if | it | bears | on | an | individual’s | fitness | to | have | responsibility | for |
| the | safety | and | well‐being | of | children | as | determined | by | the | Contracting | Officer. | The | |||
| consideration | of | another | crime | bearing | on | an | individual’s | fitness | will | be | mutually | agreed | |||
| upon | between | the | Contracting | Officer | and | agency | involved. |
ATTACHMENT TO SF 1449 ‐ SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | PAGE OF PAGES
IN REFERENCE TO Contract Clauses _ |__10 |__ 25___
II. 3. FAR 52.212‐5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (JUL 2018)
(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) | 52.203‐19, | Prohibition | on | Requiring | Certain | Internal | Confidentiality | Agreements | or | Statements | (JAN | 2017) | (section | 743 | of | Division |
| E, | Title | VII, | of | the | Consolidated | and | Further | Continuing | Appropriations | Act, | 2015 | (Pub. | L. | 113‐235) | and | its | successor | provisions | in |
| subsequent | appropriations | acts | (and | as | extended | in | continuing | resolutions)). |
| (2) | 52.204‐23, | Prohibition | on | Contracting | for | Hardware, | Software, | and | Services | Developed | or | Provided | by | Kaspersky | Lab | and | Other |
| Covered | Entities | (JUL | 2018) | (Section | 1634 | of | Pub. | L. | 115‐91). |
| (3) | 52.209‐10, | Prohibition | on | Contracting | with | Inverted | Domestic | Corporations | (Nov | 2015). | ||||||||
| (4) | 52.233‐3, | Protest | After | Award | (AUG | 1996) | (31 | U.S.C. | 3553). | |||||||||
| (5) | 52.233‐4, | Applicable | Law | for | Breach | of | Contract | Claim | (OCT | 2004)(Public | Laws | 108‐77 | and | 108‐78 | (19 | U.S.C. | 3805 | note)). |
| (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:
| _X_ | (1) | 52.203‐6, | Restrictions | on | Subcontractor | Sales | to | the | Government | (Sept | 2006), | with | Alternate | I | (Oct | 1995) | (41 | U.S.C. | 4704 | and |
| 10 | U.S.C. | 2402). |
| __ | (2) | 52.203‐13, | Contractor | Code | of | Business | Ethics | and | Conduct | (Oct | 2015) | (41 | U.S.C. | 3509)). | ||||
| __ | (3) | 52.203‐15, | Whistleblower | Protections | under | the | American | Recovery | and | Reinvestment | Act | of | 2009 | (June | 2010) | (Section | 1553 | of |
| Pub. | L. | 111‐5). | (Applies | to | contracts | funded | by | the | American | Recovery | and | Reinvestment | Act | of | 2009.) | ||
| _X_ | (4) | 52.204‐10, | Reporting | Executive | Compensation | and | First‐Tier | Subcontract | Awards | (Oct | 2016) | (Pub. | L. | 109‐282) | (31 | U.S.C. | 6101 |
note).
| __ | (5) | [Reserved]. | ||||||||||||||
| __ | (6) | 52.204‐14, | Service | Contract | Reporting | Requirements | (Oct | 2016) | (Pub. | L. | 111‐117, | section | 743 | of | Div. | C). |
| __ | (7) | 52.204‐15, | Service | Contract | Reporting | Requirements | for | Indefinite‐Delivery | Contracts | (Oct | 2016) | (Pub. | L. | 111‐117, | section | 743 |
| of | Div. | C). | |||||||||||||
| _X_ | (8) | 52.209‐6, | Protecting | the | Government’s | Interest | When | Subcontracting | with | Contractors | Debarred, | Suspended, | or | Proposed | for |
| Debarment. | (Oct | 2015) | (31 | U.S.C. | 6101 | note). | |||||||||
| __ | (9) | 52.209‐9, | Updates | of | Publicly | Available | Information | Regarding | Responsibility | Matters | (Jul | 2013) | (41 | U.S.C. | 2313). |
| __ | (10) | [Reserved]. | |||||||||||||
| __ | (11)(i) | 52.219‐3, | Notice | of | HUBZone | Set‐Aside | or | Sole‐Source | Award | (Nov | 2011) | (15 | U.S.C. | 657a). |
| __ | (ii) | Alternate | I | (Nov | 2011) | of | 52.219‐3. | ||||||||||||
| __ | (12)(i) | 52.219‐4, | Notice | of | Price | Evaluation | Preference | for | HUBZone | Small | Business | Concerns | (OCT | 2014) | (if | the | offeror | elects | to |
| waive | the | preference, | it | shall | so | indicate | in | its | offer) | (15 | U.S.C. | 657a). |
| __ | (ii) | Alternate | I | (JAN | 2011) | of | 52.219‐4. |
| __ | (13) | [Reserved] | |||||||||||
| _X_ | (14)(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). |
| __ | (15)(i) | 52.219‐7, | Notice | of | Partial | Small | Business | Set‐Aside | (June | 2003) | (15 | U.S.C. | 644). |
| __ | (ii) | Alternate | I | (Oct | 1995) | of | 52.219‐7. | ||||||
| __ | (iii) | Alternate | II | (Mar | 2004) | of | 52.219‐7. |
| _X_ | (16) | 52.219‐8, | Utilization | of | Small | Business | Concerns | (Nov | 2016) | (15 | U.S.C. | 637(d)(2) | and | (3)). |
| __ | (17)(i) | 52.219‐9, | Small | Business | Subcontracting | Plan | (Jan | 2017) | (15 | U.S.C. | 637(d)(4)). |
| __ | (ii) | Alternate | I | (Nov | 2016) | of | 52.219‐9. |
| __ | (iii) | Alternate | II | (Nov | 2016) | of | 52.219‐9. |
| __ | (iv) | Alternate | III | (Nov | 2016) | of | 52.219‐9. |
| __ | (v) | Alternate | IV | (Nov | 2016) | of | 52.219‐9. |
__ (18) 52.219‐13, Notice of Set‐Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
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IN REFERENCE TO Contract Clauses _ |__11 |__ 25___
| _X_ | (19) | 52.219‐14, | Limitations | on | Subcontracting | (Jan | 2017) | (15 | U.S.C. | 637(a)(14)). | ||||||
| __ | (20) | 52.219‐16, | Liquidated | Damages—Subcon‐tracting | Plan | (Jan | 1999) | (15 | U.S.C. | 637(d)(4)(F)(i)). | ||||||
| __ | (21) | 52.219‐27, | Notice | of | Service‐Disabled | Veteran‐Owned | Small | Business | Set‐Aside | (Nov | 2011) | (15 | U.S.C. | 657 | f). | |
| _X_ | (22) | 52.219‐28, | Post | Award | Small | Business | Program | Rerepresentation | (Jul | 2013) | (15 | U.S.C. | 632(a)(2)). | |||
| __ | (23) | 52.219‐29, | Notice | of | Set‐Aside | for, | or | Sole | Source | Award | to, | Economically | Disadvantaged | Women‐Owned | Small | Business |
| Concerns | (Dec | 2015) | (15 | U.S.C. | 637(m)). | |||||||||||||
| __ | (24) | 52.219‐30, | Notice | of | Set‐Aside | for, | or | Sole | Source | Award | to, | Women‐Owned | Small | Business | Concerns | Eligible | Under | the |
| Women‐Owned | Small | Business | Program | (Dec | 2015) | (15 | U.S.C. | 637(m)). | ||||||||
| _X_ | (25) | 52.222‐3, | Convict | Labor | (June | 2003) | (E.O. | 11755). | ||||||||
| __ | (26) | 52.222‐19, | Child | Labor—Cooperation | with | Authorities | and | Remedies | (Jan | 2018) | (E.O. | 13126). | ||||
| _X_ | (27) | 52.222‐21, | Prohibition | of | Segregated | Facilities | (Apr | 2015). | ||||||||
| _X_ | (28) | 52.222‐26, | Equal | Opportunity | (Sept | 2016) | (E.O. | 11246). | ||||||||
| _X_ | (29) | 52.222‐35, | Equal | Opportunity | for | Veterans | (Oct | 2015)(38 | U.S.C. | 4212). | ||||||
| _X_ | (30) | 52.222‐36, | Equal | Opportunity | for | Workers | with | Disabilities | (Jul | 2014) | (29 | U.S.C. | 793). | |||
| _X_ | (31) | 52.222‐37, | Employment | Reports | on | Veterans | (FEB | 2016) | (38 | U.S.C. | 4212). | |||||
| _X_ | (32) | 52.222‐40, | Notification | of | Employee | Rights | Under | the | National | Labor | Relations | Act | (Dec | 2010) | (E.O. | 13496). |
| __ | (33)(i) | 52.222‐50, | Combating | Trafficking | in | Persons | (Mar | 2015) | (22 | U.S.C. | chapter | 78 | and | E.O. | 13627). |
| __ | (ii) | Alternate | I | (Mar | 2015) | of | 52.222‐50 | (22 | U.S.C. | chapter | 78 | and | E.O. | 13627). | ||
| _X_ | (34) | 52.222‐54, | Employment | Eligibility | Verification | (OCT | 2015). | (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) | 52.223‐11, | Ozone‐Depleting | Substances | and | High | Global | Warming | Potential | Hydrofluorocarbons | (JUN | 2016) | (E.O. | 13693). | |||
| __ | (37) | 52.223‐12, | Maintenance, | Service, | Repair, | or | Disposal | of | Refrigeration | Equipment | and | Air | Conditioners | (JUN | 2016) | (E.O. | 13693). |
| __ | (38)(i) | 52.223‐13, | Acquisition | of | EPEAT®‐Registered | Imaging | Equipment | (JUN | 2014) | (E.O.s | 13423 | and | 13514). |
| __ | (ii) | Alternate | I | (Oct | 2015) | of | 52.223‐13. | |||||
| __ | (39)(i) | 52.223‐14, | Acquisition | of | EPEAT®‐Registered | Televisions | (JUN | 2014) | (E.O.s | 13423 | and | 13514). |
| __ | (ii) | Alternate | I | (Jun | 2014) | of | 52.223‐14. | |||||||
| __ | (40) | 52.223‐15, | Energy | Efficiency | in | Energy‐Consuming | Products | (DEC | 2007) | (42 | U.S.C. | 8259b). | ||
| __ | (41)(i) | 52.223‐16, | Acquisition | of | EPEAT®‐Registered | Personal | Computer | Products | (OCT | 2015) | (E.O.s | 13423 | and | 13514). |
| __ | (ii) | Alternate | I | (Jun | 2014) | of | 52.223‐16. | ||||||||
| _X_ | (42) | 52.223‐18, | Encouraging | Contractor | Policies | to | Ban | Text | Messaging | While | Driving | (AUG | 2011) | (E.O. | 13513). |
| __ | (43) | 52.223‐20, | Aerosols | (JUN | 2016) | (E.O. | 13693). | ||||||||
| __ | (44) | 52.223‐21, | Foams | (JUN | 2016) | (E.O. | 13693). | ||||||||
| _X_ | (45)(i) | 52.224‐3, | Privacy | Training | (JAN | 2017) | (5 | U.S.C. | 552a). |
| __ | (ii) | Alternate | I | (JAN | 2017) | of | 52.224‐3. | |||||||||||
| __ | (46) | 52.225‐1, | Buy | American—Supplies | (May | 2014) | (41 | U.S.C. | chapter | 83). | ||||||||
| __ | (47)(i) | 52.225‐3, | Buy | American—Free | Trade | Agreements—Israeli | Trade | Act | (May | 2014) | (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, | 112‐42, | and | 112‐43. |
| __ | (ii) | Alternate | I | (May | 2014) | of | 52.225‐3. |
| __ | (iii) | Alternate | II | (May | 2014) | of | 52.225‐3. |
| __ | (iv) | Alternate | III | (May | 2014) | of | 52.225‐3. |
| __ | (48) | 52.225‐5, | Trade | Agreements | (OCT | 2016) | (19 | U.S.C. | 2501, | et | seq., | 19 | U.S.C. | 3301 | note). | |
| __ | (49) | 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). | |||||||
| __ | (50) | 52.225‐26, | Contractors | Performing | Private | Security | Functions | Outside | the | United | States | (Oct | 2016) | (Section | 862, | as | amended, |
| of | the | National | Defense | Authorization | Act | for | Fiscal | Year | 2008; | 10 | U.S.C. | 2302 | Note). | ||
| __ | (51) | 52.226‐4, | Notice | of | Disaster | or | Emergency | Area | Set‐Aside | (Nov | 2007) | (42 | U.S.C. | 5150). | |
| __ | (52) | 52.226‐5, | Restrictions | on | Subcontracting | Outside | Disaster | or | Emergency | Area | (Nov | 2007) | (42 | U.S.C. | 5150). |
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IN REFERENCE TO Contract Clauses _ |__12 |__ 25___
| __ | (53) | 52.232‐29, | Terms | for | Financing | of | Purchases | of | Commercial | Items | (Feb | 2002) | (41 | U.S.C. | 4505, | 10 | U.S.C. | 2307(f)). |
| __ | (54) | 52.232‐30, | Installment | Payments | for | Commercial | Items | (Jan | 2017) | (41 | U.S.C. | 4505, | 10 | U.S.C. | 2307(f)). | |||
| _X_ | (55) | 52.232‐33, | Payment | by | Electronic | Funds | Transfer—System | for | Award | Management | (Jul | 2013) | (31 | U.S.C. | 3332). | |||
| __ | (56) | 52.232‐34, | Payment | by | Electronic | Funds | Transfer—Other | than | System | for | Award | Management | (Jul | 2013) | (31 | U.S.C. | 3332). | |
| __ | (57) | 52.232‐36, | Payment | by | Third | Party | (May | 2014) | (31 | U.S.C. | 3332). | |||||||
| __ | (58) | 52.239‐1, | Privacy | or | Security | Safeguards | (Aug | 1996) | (5 | U.S.C. | 552a). | |||||||
| __ | (59) | 52.242‐5, | Payments | to | Small | Business | Subcontractors | (JAN | 2017)(15 | U.S.C. | 637(d)(12)). | |||||||
| __ | (60)(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) | 52.222‐17, | Nondisplacement | of | Qualified | Workers | (May | 2014)(E.O. | 13495). | ||||||||||
| __ | (2) | 52.222‐41, | Service | Contract | Labor | Standards | (May | 2014) | (41 | U.S.C. | chapter | 67). | |||||||
| __ | (3) | 52.222‐42, | Statement | of | Equivalent | Rates | for | Federal | Hires | (May | 2014) | (29 | U.S.C. | 206 | and | 41 | U.S.C. | chapter | 67). |
| __ | (4) | 52.222‐43, | Fair | Labor | Standards | Act | and | Service | Contract | Labor | Standards‐Price | Adjustment | (Multiple | Year | and | Option |
| Contracts) | (May | 2014) | (29 | U.S.C. | 206 | and | 41 | U.S.C. | chapter | 67). | |||||||||
| __ | (5) | 52.222‐44, | Fair | Labor | Standards | Act | and | Service | Contract | Labor | Standards—Price | Adjustment | (May | 2014) | (29 | U.S.C. | 206 | and | 41 |
| U.S.C. | chapter | 67). | |||||||||||||||
| __ | (6) | 52.222‐51, | Exemption | from | Application | of | the | Service | Contract | Labor | Standards | to | Contracts | for | Maintenance, | Calibration, | or |
| Repair | of | Certain | Equipment—Requirements | (May | 2014) | (41 | U.S.C. | chapter | 67). | |||||||
| _X_ | (7) | 52.222‐53, | Exemption | from | Application | of | the | Service | Contract | Labor | Standards | to | Contracts | for | Certain | Services— |
| Requirements | (May | 2014) | (41 | U.S.C. | chapter | 67). | ||||||||
| __ | (8) | 52.222‐55, | Minimum | Wages | Under | Executive | Order | 13658 | (Dec | 2015). | ||||
| __ | (9) | 52.222‐62, | Paid | Sick | Leave | Under | Executive | Order | 13706 | (JAN | 2017) | (E.O. | 13706). | |
| __ | (10) | 52.226‐6, | Promoting | Excess | Food | Donation | to | Nonprofit | Organizations | (May | 2014) | (42 | U.S.C. | 1792). |
| __ | (11) | 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 | (Oct | 2015) | (41 | U.S.C. | 3509). | ||
| (ii) | 52.203‐19, | Prohibition | on | Requiring | Certain | Internal | Confidentiality | Agreements | or | Statements | (Jan | 2017) | (section | 743 | of |
| Division | E, | Title | VII, | of | the | Consolidated | and | Further | Continuing | Appropriations | Act, | 2015 | (Pub. | L. | 113‐235) | and | its | successor | provisions | in |
| subsequent | appropriations | acts | (and | as | extended | in | continuing | resolutions)). |
| (iii) | 52.204‐23, | Prohibition | on | Contracting | for | Hardware, | Software, | and | Services | Developed | or | Provided | by | Kaspersky | Lab | and |
| Other | Covered | Entities | (JUL | 2018) | (Section | 1634 | of | Pub. | L. | 115‐91). |
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IN REFERENCE TO Contract Clauses _ |__13 |__ 25___
(iv) 52.219‐8, Utilization of Small Business Concerns (Nov 2016) (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 | $700,000 | ($1.5 | million | for | |
| construction | of | any | public | facility), | the | subcontractor | must | include | 52.219‐8 | in | lower | tier | subcontracts | that | offer | subcontracting |
opportunities.
| (v) | 52.222‐17, | Nondisplacement | of | Qualified | Workers | (May | 2014) | (E.O. | 13495). | Flow | down | required | in | accordance | with | paragraph |
| (l) | of | FAR | clause | 52.222‐17. |
| (vi) | 52.222‐21, | Prohibition | of | Segregated | Facilities | (Apr | 2015) | ||||||||||
| (vii) | 52.222‐26, | Equal | Opportunity | (Sept | 2016) | (E.O. | 11246). | ||||||||||
| (viii) | 52.222‐35, | Equal | Opportunity | for | Veterans | (Oct | 2015) | (38 | U.S.C. | 4212). | |||||||
| (ix) | 52.222‐36, | Equal | Opportunity | for | Workers | with | Disabilities | (Jul | 2014) | (29 | U.S.C. | 793). | |||||
| (x) | 52.222‐37, | Employment | Reports | on | Veterans | (Feb | 2016) | (38 | U.S.C. | 4212) | |||||||
| (xi) | 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. | ||
| (xii) | 52.222‐41, | Service | Contract | Labor | Standards | (May | 2014) | (41 | U.S.C. | chapter | 67). |
(xiii)
| 52.222‐50, | Combating | Trafficking | in | Persons | (Mar | 2015) | (22 | U.S.C. | chapter | 78 | and | E.O | 13627). | Alternate | I | (Mar | 2015) | of | 52.222‐50 | (22 |
| U.S.C. | chapter | 78 | and | E.O | 13627). |
| (xiv) | 52.222‐51, | Exemption | from | Application | of | the | Service | Contract | Labor | Standards | to | Contracts | for | Maintenance, | Calibration, | or |
| Repair | of | Certain | Equipment‐Requirements | (May | 2014) | (41 | U.S.C. | chapter | 67). |
| (xv) | 52.222‐53, | Exemption | from | Application | of | the | Service | Contract | Labor | Standards | to | Contracts | for | Certain | Services‐ |
| Requirements | (May | 2014) | (41 | U.S.C. | chapter | 67). |
| (xvi) | 52.222‐54, | Employment | Eligibility | Verification | (OCT | 2015) | (E.O. | 12989). | ||||
| (xvii) | 52.222‐55, | Minimum | Wages | Under | Executive | Order | 13658 | (Dec | 2015). | |||
| (xviii) | 52.222‐62, | Paid | Sick | Leave | Under | Executive | Order | 13706 | (JAN | 2017) | (E.O. | 13706). |
| (xix)(A) | 52.224‐3, | Privacy | Training | (JAN | 2017) | (5 | U.S.C. | 552a). |
| (B) | Alternate | I | (JAN | 2017) | of | 52.224‐3. | ||||||||||
| (xx) | 52.225‐26, | Contractors | Performing | Private | Security | Functions | Outside | the | United | States | (Oct | 2016) | (Section | 862, | as | amended, |
| of | the | National | Defense | Authorization | Act | for | Fiscal | Year | 2008; | 10 | U.S.C. | 2302 | Note). | ||||
| (xxi) | 52.226‐6, | Promoting | Excess | Food | Donation | to | Nonprofit | Organizations | (May | 2014) | (42 | U.S.C. | 1792). | Flow | down | required | in |
| accordance | with | paragraph | (e) | of | FAR | clause | 52.226‐6. | ||||||||||
| (xxii) | 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.
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IN REFERENCE TO Contract Documents _ |__14 |__ 25___
PART III ‐‐ CONTRACT DOCUMENTS
PERFORMANCE WORK STATEMENT
III. 1. INTRODUCTION:
| The | USDA | Forest | Service | Job | Corps | Civilian | Conservation | Centers | (JCCCC) | provide | academic, | vocational, | ||||||
| and | life‐learning | skills | to | at | risk | youth | and | young | adults | at | 26 | Job | Corps | Centers | across | the | United | States |
| (U.S.). | As | part | of | this | program, | youth | and | young | adults | at | the | Centers | are | provided | healthcare | services | as | |
| follows: | medical, | dental, | mental | health, | and | drug | & | alcohol | intervention. | Each | Forest | Service | JCCCC | has | a | |||
| need | for | basic | health | services | provided | by | licensed | medical | professionals | that | includes | examinations | and | |||||
| assessments, | treatment, | issuance | of | prescriptions | and | immunizations, | monitoring | health | conditions, | |||||||||
| recommending | hospitalization, | follow‐up | care, | and | prevention | planning | and | intervention. |
III. 2. BACKGROUND:
| Job | Corps | is | a | U.S. | Department | of | Labor | (DOL), | Employment | and | Training | Administration | (ETA) | program. | |||||
| Job | Corps | is | designed | to | assist | young | people | who | need | and | can | benefit | from | the | wide‐range | of | services | ||
| provided | at | a | Job | Corps | center. | Services | include | the | following: | basic | education, | High | School | Diploma | (HSD) | ||||
| program; | General | Educational | Development | (GED); | vocational | skills | training; | residential | living | program; | |||||||||
| healthcare; | and | related | support | services. | The | comprehensive | combination | of | training | and | support | services | |||||||
| is | designed | to | help | each | student | become | a | responsible | and | productive | citizen. | Student | populations | range | |||||
| from | 100 | to | over | 300 | enrollments | depending | on | the | Center’s | On | Board | Strength | (OBS). | Job | Corps | is | a | self‐ | |
| paced | program: | therefore, | a | student’s | length | of | enrollment | varies. | Students | may | remain | in | the | program | for | ||||
| up | to | two | years, | but | the | average | length | of | enrollment | is | approximately | eight | months. |
III. 3. CONTRACT EFFORT REQUIRED:
A. The Physician and/or Nurse Practitioner/Physician Assistant shall provide ON‐SITE Medical services
| for | all | students | on | Center, | in | accordance | with | applicable | Federal | laws/regulations, | OSHA | and | HIPAA |
| requirements, | state | and | local | laws, | and | guidelines | of | the | American | Medical | Association. |
| B. Medical | services | must | also | include | analysis | and | use | of | the | most | efficient | and | cost‐effective | practice | of |
| contemporary, | evidence‐based | health | care | possible | given | available | time, | resources, | and | personnel. | |||||
| These | services | will | involve | coordinating | and | integrating | the | Medical | services | program | with | other | |||
| health | and | wellness | components/activities | on | Center | and | providing | Medical | services | to | enrollees | and | |||
| established | students | on | Center |
C. The general emphasis of Medical services must be on the early identification and diagnosis of medical
| problems, | basic | medical | care, | and | medical | promotion, | prevention, | and | education | as | outlined | in | the |
| Policy | and | Requirements | Handbook | (PRH) | Exhibit | 6‐10, | R1 | and | included | in | the | required | immunization, |
| screenings, | and | laboratory | test | list | in | Table | 1. |
D. Contractor personnel shall:
| possess | the | ability | to | work | both | independently | and | as | a | member | of | a | healthcare | team | to |
| provide | optimal | services | to | a | population | of | financially | disadvantaged | youth, | ranging | from | 16 | to | ||
| 24 | years | in | age; |
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| provide | supervision | to | Nurse | Practitioner | and/or | Physician | Assistant, | if | applicable, | to | comply |
| with | regulations | in | state | where | Center | is | located; |
| promptly | review | applicant | files | and | conduct | an | initial | medical | examination | (intake); | and | a |
| medical | treatment | plan, | as | applicable; |
| record | all | medical | documentation, | such | as, | diagnosis, | treatment | and | management | plans, | |||
| medication, | reason | of | denial | into | the | program | (if | recommended) | etc. | on | the | Student | Health |
| Record | (SHR) | and | Job | Corps | Health | and | Wellness | Program | forms; |
| during | regular | scheduled | hours | treat | minor | conditions | (i.e. | respiratory | infections, | cold | and | flu | ||
| symptoms), | episodic | illness, | provide | first | aid | and | CPR, | and | other | care | within | capabilities | that | do |
| not | require | emergency | care | or | specialized | treatment; |
| provide | management, | written | diagnoses, | and | treatment | plans | as | part | of | a | chronic | care |
| management | plan | for | students | with | chronic | conditions/disabilities; |
provide treatment of acute conditions and promotion and maintenance of a family planning program;
| collaborate | with | Substance | Abuse | Counselor, | and | Center | Mental | Health | Counselor | to | prescribe |
| Schedule | II | medications | and | discuss | long‐term | medication | management, | as | needed; |
| participate | in | Reasonable | Accommodation | Committee | (RAC) | meetings | & | file | applicant | review |
| team | meetings | during | regular | scheduled | hours, | when | requested; |
| ensure | medical | equipment | is | properly | cleaned | and | maintained; | ||||||||
| comply | with | federal, | state, | and | Job | Corps | infection | control | policies | and | procedures; | ||||
| assist | students | to | acquire | health‐related | skills | and | knowledge | of | healthy | medical | care; | ||||
| on | a | monthly | basis, | report | to | the | Center | Director | and | HWM | on | all | health‐ | related | matters; |
| including | student | medical | separations, | justification | and | costs | of | needed | special | services, | health |
| and | non‐healthcare | equipment | repair | and | replacement | needs, | depletion | of | medical | supplies | and |
| medications, | and | other | areas | deemed | appropriate;; |
| Establish | an | appropriate | specialty | medical | referral | system | for | students | who | require | special, | or |
| emergent, | medical | care; |
| attend | monthly | conference | calls, | webinars, | and | DOL | Training, | as | available | during | regular |
| scheduled | hours | of | service; |
| maintain, | safeguard, | and | ensure | the | confidentiality | of | all | required | student | health | records | in |
| accordance | with | the | Health | Insurance | Portability | and | Accountability | Act | (HIPAA); |
| participate | in | health | and | wellness | program | continuous | quality | improvement | activities | and | |||
| advise | and | assist | the | health | education | instructor | in | the | development | and | implementation | of | the |
| Medical | Health | Education | Program; |
| provide | Medical | services | in | a | positive | and | productive | manner | to | facilitate | student | willingness | to |
| pursue | recommended | dental | treatment | plan; |
| not | to | engage | in | any | research | projects | and/or | publications | relating | to | Job | Corps | health | activities |
| without | prior | written | approval | from | the | Job | Corps | National | Office | in | Golden, | CO; |
| report | adverse | student | behavior | incidents | to | the | HWM | or | Contracting | Officer’s | (CO) |
| Representative | (COR) | in | a | timely | manner; | and |
| cooperate | and | comply | with | Job | Corps | assessment | team’s | audits | to | verify | quality | of | services | and |
| adherence | to | the | PRH | requirements. |
E. The following table includes the PRH required entrance immunizations, laboratory tests, and screenings.
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Table 1
Laboratory Testing Immunization/boosters Screening HIV Antibody Test Tetanus and diphtheria toxoid (Td) or Tetanus‐ diphtheria‐acellular pertussis (Tdap)
Vision
Syphilis Serology Inactivated polio vaccine (IPV) for students younger than 18 years
Dental
Hemoglobin or Hemotocrit Measles, mumps, and rubella vaccine Tuberculin skin test
Sickle Cell Screening (must be offered to all at‐risk students) Hepatitis B vaccine series
Urinalysis (dipstick) for Glucose/Protein
Drug Screen (urine)
(Males Only)
Urinalysis (dipstick) for Leukocyte Esterase (gonorrhea screen)
Chlamydia Testing (urine)
Gonorrhea Testing if Leukocyte Esterase Screen is Positive
(urine)
(Females Only)
Pregnancy Test (urine)
Pap Smear
Chlamydia Testing (endocervical or urine)
Gonorrhea Testing (endocervical or urine)
III. 4. SCHEDULE AND AVAILABILITY:
A. Medical services are required on a weekly basis, during days of the week and hours of the day
| established | in | coordination | with | Center | personnel. | The | days | and | times | of | services | shall | be | upon | mutual | |
| agreement | between | the | Contractor | and | center | personnel | and | must | be | considered | reasonable. | A | ||||
| reasonable | schedule | would | be | considered | providing | services | one | (1) | or | two | (2) | days | a | week, | M‐F, | 8am |
| – | 5pm. |
B. Center OBS and the PRH may change at any time; consequently, the quantity of required Medical
| services | hours | may | vary, | depending | on | the | needs | of | the | student | population. | However, | any | changes | to | |
| the | required | hours | will | be | executed | via | a | bilateral | modification | to | the | contract |
C. Key Personnel must provide a current contact number to the Center HWM or COR. When Key
| Personnel | are | unavailable | for | an | extended | period | of | time, | as | determined | by | the | Contracting | Officer, | the |
| Contractor | will | provide | an | acceptable | substitute | to | provide | services. |
III. 5. QUALIFICATIONS OF CONTRACTOR PERSONNEL:
A. Contractor personnel shall:
have an active, unrestricted license to practice independently in the state where services will
| be | provided; | |||||
| maintain | licensing | requirements/certification/accreditation | and | required | insurance | coverage |
| during | the | entire | performance | period | with | proof | being | submitted | to | the | CO | upon | request; |
| agree | to | a | criminal | background | check, | and | drug | testing, | as | a | prerequisite | for | contract |
performance, if determined necessary by the CO.
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IN REFERENCE TO Contract Documents _ |__17 |__ 25___ o Information obtained through the background check may be used in determining
| contractor’s | qualification | for | this | contract. | Information | regarding | a | person’s | race, | national | |||||
| origin, | color, | sex, | religion, | disability, | genetic | information | (including | family | medical | history), | |||||
| or | age | will | not | be | evaluated | or | have | any | impact | on | the | determination | of | qualifications | for |
| this | contract. |
| o Government | may | terminate | the | contract | if | the | background | check | is | determined | to | be | |
| unacceptable | or | if | any | aspect | would | jeopardize | the | health | and | safety | of | the | students. |
III. 6. MATERIALS AND EQUIPMENT:
A. The Government shall furnish the following:
| Adequate | work | space, | equipment, | supplies, | and | materials | as | needed | to | accomplish | the | work | ||
| requirements | outlined | herein, | including | examination | rooms | and | furniture, | assessment | equipment, | |||||
| telephone, | computer, | a | fax | machine, | prophylaxis | supplies, | gloves, | masks, | and | similar | items. | |||
| Prescription | and | over‐the‐counter | medications | will | be | disbursed | at | the | Center. | These | supplies | and | ||
| property | shall | be | utilized | during | the | performance | of | this | contract | only | while | providing | student | care. |
B. The Contractor shall furnish the following:
| All | labor, | services, | permits, | licenses, | transportation | of | Contractor | personnel | (as | necessary), | and | |||
| incidentals | (other | than | those | provided | by | the | federal | Government) | as | needed | to | fulfill | the | work |
| requirements | herein. |
C. Security:
| The | space, | equipment, | and | supplies | used | by | contractor | personnel | MUST | be | secured | at | all | times, | per |
| Center | requirements. | The | Contractor | shall | review | and | be | familiar | with | Center | security | procedures. |
III. 7. THE ROLE OF GOVERNMENT PERSONNEL AND RESPONSIBILITY FOR CONTRACT
ADMINISTRATION:
A. Contracting Officer: The CO has the overall responsibility for the administration of this contract. The
CO alone, without delegation is authorized to:
| amend, | modify, | or | deviate | from | the | contract; | |||
| request | removal | of | unsuitable | Contractor | personnel; | ||||
| order | re‐performance | of | unacceptable | work | or | performance | by | other | means. |
| delegate | other | responsibilities | to | authorized | representatives. |
B. Contracting Officer’s Representative: A COR may be designated in writing at the time of award to assist
| the | CO | in | the | day‐to‐day | on‐site | administrative | of | the | contract | requirements. | The | COR | is | responsible |
| for, | but | not | limited | to, | the | following: |
| determine | the | compliance | and | adequacy | of | performance | by | the | Contractor; | |||
| ensure | adequacy | of | schedule | and | Quality | Assurance | Surveillance | Plan | (QASP), | as | well | as |
coordination of changes to the schedule and QAP if necessary.
III. 8. GOVERNING REGULATIONS, HANDBOOKS AND REFERENCES:
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A. The Contractor shall provide Health and Wellness (H&W) services in accordance to the following
| documents; | which | are | available | upon | request. | Changes | to | these | documents | does | not | change | the | terms | |
| of | the | contract | without | a | bilateral | modification |
Job Corps Federal Regulations (Title 20 Code of Federal Regulations, Part 638.510) Part 684 as
| amended, | Job | Corps | Program | under | Title | TV‐B | of | the | Job | Training | Partnership | Act |
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