1282A720Q0045.pdf

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Substance Abuse Counseling Services; Multiple Job Corps Centers Federal contract opportunity
Solicitation number
1282A720Q0045
Issued by
Department of Agriculture Forest Service

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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

CODE 16. ADMINISTERED BYCODE

X

X

X

621330

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR82A7

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

03/23/2020 1200 MS

02/21/2020

(303)275-5781JENNIFER ROCKMAN

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1282A720Q0045

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 30 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

LAKEWOOD CO 80401

1617 COLE BLVD

USDA FOREST SERVICE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$8.00

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 SCHEDULEX

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.

Substance Abuse Counselor Services ; Multiple Job Corps Center Locations.

The Contractor shall provide Substance Abuse Counselor Services to Multiple Job Corps Centers in accordance with the Terms and Conditions herein. This Firm Fixed Price Indefinite Delivery Indefinite Quantity (IDIQ) Request for Quote is issued for a Base Year with four (4) one year options which may be exercised at the sole discretion of the Government. Multiple awards possible.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

JENNIFER L. ROCKMAN

. 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.

The anticipated award date is 04/01/2020.

Period of Performance: 04/01/2020 to 03/31/2021

0001 Substance Abuse Counseling Services 20200 HR

Base Year

Anticipated Award Type: Firm-fixed-price

Product/Service Code: Q519

Product/Service Description: MEDICAL- PSYCHIATRY

0101 Substance Abuse Counseling Services 20200 HR

Option Year One

Anticipated Award Type: Firm-fixed-price

(Option Line Item)

Period of Performance: 04/01/2021 to 03/31/2022

0201 Substance Abuse Counseling Services 20200 HR

Option Year Two

Anticipated Award Type: Firm-fixed-price

(Option Line Item)

Period of Performance: 04/01/2022 to 03/31/2023

0301 Substance Abuse Counseling Services 20200 HR

Option Year Three

Anticipated Award Type: Firm-fixed-price

(Option Line Item)

Period of Performance: 04/01/2023 to 03/31/2024

0401 Substance Abuse Counseling Services 20200 HR

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

30 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 30

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

1282A720Q0045

Option Year Four

Anticipated Award Type: Firm-fixed-price

(Option Line Item)

Period of Performance: 04/01/2024 to 03/31/2025

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

TABLE OF CONTENTS

SECTION CONTENTS PAGE

I STANDARD FORM (SF) 1449 1-3

Table of Contents 4 Continuation of SF 1449 5-9

II CONTRACT CLAUSES 10-16

FAR 52.212-4 Contract Terms and Conditions - Commercial Items 10

Addendum to FAR 52.212-4 10

FAR 52.212-5 Contract Terms and Conditions Required to 12-16 Implement Statutes and Executive Orders

III CONTRACT DOCUMENTS AND EXHIBITS 17-27

Performance Work Statement (PWS) 17-20

- Quality Assurance Surveillance Plan (QASP) 21-22

Exhibit A – Schedule of Services 23-27

IV SOLICITATION PROVISIONS AND QUOTER INSTRUCTIONS 28-30

(This Section will be removed at time of award)

Quoter’s Questionnaire 30

NOTE: This contract was awarded using Simplified Acquisition procedures.

ATTACHMENT TO SF 1449 - SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | PAGE OF PAGES (Solicitation 1282A720Q0045) | | IN REFERENCE TO Continuation of SF1449 __|__5 |__ 30___

SECTION I – CONINUATION OF SF1449

I. BASIC SERVICES: The Contractor shall provide all management, supervision, transportation, labor, equipment, materials, supplies (except as otherwise specified within), to recruit, plan, schedule, and coordinate, as necessary, to ensure effective performance of Substance Abuse Counseling Services in accordance with the Performance Work Statement (PWS), herein.

No mileage or hourly compensation shall be allowed for travel to and from the Job Corps Center.

Contractor personnel must perform all work required in the PWS for the amounts agreed to as stated below.

Contractors are only responsible for providing for basic Substance Abuse Counseling care as detailed in the PWS in accordance with the Policy and Requirements Handbook (PRH) Exhibit 6-4 (Job Corp Basic Health Care Responsibilities).

II. MINIMUM QUALIFICATIONS: The Substance Abuse Counselor provider must have an active, unrestricted license or certification, specifically in substance abuse counseling, which meets minimum state licensing or certification requirements, to practice as an independent practitioner in the State where services are provided.

For instance, a Certified Alcohol and Drug Certificate (CADC I or II) meets this minimum requirement in many states. A License Professional Counselor, or Licensed Clinical Social Worker alone will not be considered to meet the minimum requirement, unless a specific substance abuse license or certificate is also provided.

a. APPROVAL: All candidates, and substitutes, must be approved by an internal government review board prior to the commencement of work at the center. The Contractor shall submit to the CO a copy of the candidate’s license, resume, and proof of insurance that meets the minimum coverage specified herein. If a candidate is not approved, the Contractor is responsible for finding a qualified replacement.

b. WAIVERS: A one-time, one-year waiver MAY be obtained, upon approval of the Contracting Officer (CO), for candidates that do not have an active, unrestricted license, but will be able to obtain one, within one year. The contractor must provide written confirmation that the provider will be able to meet the minimum qualification requirements within one year of employment. A copy of the license or certification must be provided to the CO once obtained. If the license or certification is not achieved within one year, the waiver is terminated, and the candidate will no longer be authorized to provide services at the center. If a candidate is not approved for a waiver, the Contractor is responsible for finding a suitable replacement.

c. All current insurance, licensing, certification, accreditation required as part of this contract must be maintained during the entire performance period of the contract with proof being submitted at the request of the CO.

d. The Substance Abuse Counselor may be required to obtain a valid Forest Service driver’s license.

III. TYPE OF CONTRACT: A Firm-Fixed Price, Indefinite Delivery Indefinite Quantity (IDIQ) contract is awarded and will include a Base Year and four option years; which will be exercised at the sole discretion of the Government. There is no funding obligated on the IDIQ. Funding is provided on individual Task Orders.

ATTACHMENT TO SF 1449 - SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | PAGE OF PAGES

IN REFERENCE TO Continuation of SF1449 __|__6 |__ 30___

IV. PERIOD OF PERFORMANCE: The IDIQ Period of Performance is as follows:

Base Year March 01, 2020 through February 28, 2021 Option Year One March 01, 2021 through February 28, 2022 Option Year Two March 01, 2022 through February 28, 2023 Option Year Three March 01, 2023 through February 29, 2024 Option Year Four March 01, 2024 through February 28, 2025

V. TASK ORDERING PROCEDURES: Substance Abuse Counselor Services are only established by the issuance of a Task Order. Task Orders will be issued against this IDIQ as needed by each center. Each Task Order will be for a period of one year. The Period of Performance will be established upon issuance of each Task Oder.

a. The Center identifies a requirement for substance abuse services.

b. The center submits a funded requisition to WO-AQM.

c. The CO contacts the Contractor, via email, to notify of the requirement.

d. Once a candidate is found, the Contractor will submit the required credentials to the CO for approval.

e. Once approval is obtained, the CO will issue a Task Order.

The Contractor shall not perform unless a Task Order has been signed by an authorized CO. A CO is the only person who can authorize work to begin or stop. The following personnel are authorized to issue Task Orders:

1. Branch Chief (or Acting), WO-AQM Job Corps Support Branch

2. Deputy Branch Chief (or Acting), WO-AQM Job Corps Support Branch

3. WO-AQM Contracting Officers

VI. IDIQ MINIMUM AND MAXIMUM LIMITATIONS:

a. The minimum quantity the Government will acquire via this IDIQ is one (1) center.

b. The maximum quantity the Government will acquire via this IDIQ is twenty-four (24) centers.

VII. NON-PERSONAL SERVICES: This contract for non-personal services as defined in FAR 2.101 and as detailed in FAR 37.101 and FAR 37.104. As such, there is no employee/employer relationship between the Contractor, or the Contract’s employees who may provide the actual services, and the government.

a. Job Corps Center personnel should not assume a supervisory relationship with the Contractor, or Contractor’s employees; nor assume any role within the CO’s sole authority. (See G(a))

b. Services provided by Contractor, or Contractor employees:

ATTACHMENT TO SF 1449 - SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | PAGE OF PAGES

IN REFERENCE TO Continuation of SF1449 __|__7 |__ 30___

i. Shall not be considered, or treated as, federal employees for any purpose;

ii. Shall not be regarded as performing personal services;

iii. And shall not be eligible for civil service employee benefits, including retirement.

c. The vendor is the legally responsible employer of the service provider, and maintains that relationship during the time the employees provide services at the center.

d. Center personnel shall not contact the Contractor, or the Contractor’s employees in any matter regarding performance.

e. All performance issues should be immediately directed the AQM CO for resolution.

VIII. NON-PERSONAL HEALTH CARE SERVICES. This contract is for non-personal healthcare services as defined in 37.101, under which the Contractor is an independent contractor.

a. The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered (e.g., professional judgements, diagnosis for specific medical treatment).

b. The contractor indemnifies the Government for any liability producing act or omission by the Contractor, its employees and agents occurring during contract performance.

c. The contractor shall maintain medical liability insurance, in accordance with the limitation coverage stated herein.

IX. QUANTITIES: The quantity of required hours vary by each Center and is based upon the On-Board Strength (OBS).

a. Each Task Order will be based on the specific annual hours required for that Center. However, services will be provided on a weekly basis.

b. The approximated weekly hours may be “flexed” from one week to another by mutual agreement between the Contractor and center personnel; however, all hours should be used by the end of the performance period. Should there be missed days, due to sickness, weather, or other unforeseeable events, all effort should be given to make the missed hours up as soon as possible.

c. Should an excessive amount of delay in services occur due to governmental delays or candidate turn-over, and a reasonable effort was given to make those hours up upon commencement of services, excess funds may be de-obligated upon the discretion of the government.

d. OBS changes that increase or decrease the total annual hours will require a bilateral modification to the contract.

X. SCHEDULE: The days, times, and shifts shall be upon mutual coordination and agreement between the Contractor and Center personnel. The schedule should be considered reasonable based on the total hours worked each week: M-F, 7:30am – 4:30pm. However, some centers may prefer evening and night shifts.

The Contractor and Center should maximize flexibility in the schedule to ensure a qualified candidate is on-boarded successfully.

ATTACHMENT TO SF 1449 - SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | PAGE OF PAGES

IN REFERENCE TO Continuation of SF1449 __|__8 |__ 30___

a. Schedule changes shall be coordinated between the Center personnel and the Contractor. The schedule should not be coordinated directly with the Contractor’s employee, unless the Contractor agrees to that arrangement.

b. Federal holidays and the two-week winter break at the end of December each year will be observed as a non-working days. The dates of the winter break will vary each year.

c. The Contractor is required to provide 24 hours advanced notice to cancel scheduled services for unexpected absences.

d. When Contractor personnel are on vacation, sick leave, or any other leave, qualified substitute(s) shall be provided by the Contractor.

XI. PRE-EMPLOYEMENT SCREENING: The Contractor shall conduct background checks on employees in accordance with standard business practices. In consideration to the sensitivity of the student population, and personal nature of services, the Contractor should convey to the CO any concerns, or issues, regarding a candidate’s convictions that may impact their ability to contribute to a safe working environment.

XII. PLACE OF PERFORMANCE: The Period of Performance for each Center will be determined at the time the Task Order is issued.

Job Corp Center Location 1 Anaconda 1384 Foster Creek Road, Anaconda, MT 59711 2 Angell 335 NE Blogett Rd, Yachats, OR 97498 3 Blackwell 4155 County Highway H, Laona, WI 54541 4 Boxelder 22023 Job Corps Place, Nemo, SD 57759 5 Cass 21424 N Hwy 23, Ozark, AR 72949 6 Collbran 57608 Highway 330, Collbran, CO 81624 7 Columbia Basin 6739 24th Street, Bldg. 2402, Moses Lake, WA

98837 8 Curlew 3 Campus St., Curlew, WA 99118 9 Flatwoods 2803 Dungannon Rd., Coeburn, VA 24230 10 Fort Simcoe 40 Abella Lane, White Swan, WA 98952 11 Frenchburg 6969 Tarr Ridge Rd., Frenchburg, KY 40322 12 Great Onyx 3115 Ollie Ridge Rd., Mammoth Cave, KY 42259 13 Harpers Ferry 146 Buffalo Rd., Harpers Ferry, WV 14 Jacobs Creek 984 Denton Valley Rd., Bristol, TN 37620 15 Lyndon B. Johnson 3170 Wayah Rd., Franklin, NC 28734 16 Mingo 4253 State Hwy. T, Puxico, MO 63960 17 Oconaluftee 502 Oconaluftee Job Corps Rd., Cherokee, NC 28719 18 Pine Knot 132 Job Corps Rd., Pine Knot, KY 42635 19 Pine Ridge 15710 Hwy 385, Chadron, NE 69337 20 Schenck 98 Schenck Dr., Pisgah Forest, NC 28768 21 Timber Lake 59868 E. Hwy. 224, Estacada, OR 97023 22 Trapper Creek 5139 West Fork Road, Darby, MT 59829 23 Weber Basin 7400 South Cornia Dr., Ogden, UT 84405 24 Wolf Creek 2010 Opportunity Lane, Glide, OR 97443

ATTACHMENT TO SF 1449 - SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | PAGE OF PAGES

IN REFERENCE TO Continuation of SF1449 __|__9 |__ 30___

XIII. INVOICE PROCEDURES: Invoices shall be submitted on a monthly basis between the first and fifteenth of the following month through the Invoicing Processing Platform (IPP) which can be accessed at www.ipp.gov.

a. Invoice shall be billed at the rates and in accordance with the Contract Line Item Numbers listed on the

Schedule of Services on the SF1449.

b. Quantities shall be submitted in IPP by the total HOURLY QUANTITY listed on the invoice, not the total dollar amount of the invoice.

c. Services should be rounded to the nearest quarter hour.

d. Invoices shall include the Contractor name and address; invoice number and date; the individual Call number;

job title and name of individual who worked; number of hours worked by date; the hourly rate; and total invoice amount.

e. Copies of time-sheets signed/approved by the center shall be submitted as an attachment to the invoice in

IPP.

f. Invoices shall include only those services rendered during the billing period on the invoice.

g. If mistakes are identified, the Contractor shall notify the CO and center immediately via email. Overpayments can be remedied by providing credit on the next month invoice and the amount noted on the invoice to identify the credit. Underpayments shall be paid when identified and be noted on the invoice with the supporting documentation to show where the underpayment occurred.

XIV. SCHEDULE OF SERVICES: See Exhibit A for Schedule of Services for all centers.

http://www.ipp.gov/

ATTACHMENT TO SF 1449 - SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | PAGE OF PAGES

IN REFERENCE TO Contract Clauses __|__10 |__ 30___

SECTION II - CONTRACT CLAUSES

I. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (JAN 2020)

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: Substance Abuse Counselor 452.237-75 Restrictions against Disclosure (FEB 1988)

B. CLAUSES AND OTHER CONTRACT REQUIREMENTS IN FULL TEXT

FAR 52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from March 09, 2020 through February 28, 2025 with four possible option.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract.

In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. N/A

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of 2000 annual hours;

(2) Any order for a combination of items in excess of 240,000 annual hours; or https://www.acquisition.gov/far http://www.dm.usda.gov/procurement/policy/agar_x/agar04/index.html

ATTACHMENT TO SF 1449 - SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | PAGE OF PAGES

IN REFERENCE TO Contract Clauses __|__11 |__ 30___

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after August 31, 2020.

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; 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.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years and 6 months.

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 https://acquisition.gov/far/current/html/52_216.html#wp1115057

ATTACHMENT TO SF 1449 - SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | PAGE OF PAGES

IN REFERENCE TO Contract Clauses __|__12 |__ 30___ 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.

III. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JAN 2020)

(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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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:

[Contracting Officer check as appropriate.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 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 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5)[Reserved].

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__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (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).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (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 (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17)

(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (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 (Aug 2018) of 52.219-9 __ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_X_ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C.637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting 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 (Oct 2019) (15 U.S.C. 657f).

_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).

_X_ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

_X_ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

__ (ii) Alternate I (July 2014) of 52.222-35.

_X_ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

__ (ii) Alternate I (July 2014) of 52.222-36.

_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).

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_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (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. 552 a).

__ (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 2019) (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).

__ (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 (Oct 2018) (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).

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