Sol_140D7018R0011.pdf

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

D43

D2940 7301 West Mansfield Ave Division 4/ Branch 2 Interior Business Center, AQD

CODE 16. ADMINISTERED BYCODE

X

X

621511

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORD43

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

03/02/2018 1700 MS

02/09/2018

3039695045Okpemitoritse Onuwaje (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140D7018R0011

5. SOLICITATION NUMBER

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

1 61 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Denver CO 80235

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Denver CO 80235 D2940 7301 West Mansfield Ave Division 4/ Branch 2

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$32.50

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)

Interior Business Center, AQD

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.

US Department of the Interior DOI/Interior Business Center (IBC, Acquisition Services Directorate on behalf of DOI-IBC- Human Resources Directorate is issuing a Request for Proposal (RFP) for Scheduling, Specimen Collection and Medical Review Officer (MRO) services. See Attachment 1 thru 7 for all additional terms and conditions and information.

Legacy Doc #: DO

(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.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

61 2 of

Solicitation Continuation Sheets

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Contents

SECTION A - SOLICITATION/CONTRACT FORM

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 – GENERAL

B.2 - CONTRACT TYPE

B.3 - SERVICE AND SUPPLIES

B.4 NORTH AMERICAN INDUSTRICAL CLASSISIFICATION CODE (NAICS)

B.5 PRICING SCHEDULE

B.6 IDIQ’s TERMS

B.7 OTHER DIRECT COSTS (ODCs)

B.8 MINIMUM AND MAXIMUM THRESHOLDS

B.9 EXTENT OF OBLIGATION

B.10 ORDERING

SECTION C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

SECTION D - PACKAGING AND MARKING

D.1 PACKAGING

D.2 MARKING

SECTION E INSPECTION AND ACCEPTANCE

E.1 SCOPE OF INSPECTION

E.2 BASIS OF ACCEPTANCE

SECTION F DELIVERABLES OR PERFORMANCE

F.1 TERM OF THE CONTRACT

F.2 PLACE OF PERFORMANCE

F.3 MEETINGS, REPORTS AND OTHER DELIVERABLES

F.4 WRITTEN DELIVERABLES

SECTION G CONTRACT ADMINISTRATION DATA

G.1 CONTRACT MANAGEMENT

G.2 POSTAWARD CONFERENCE

G.3 CONTRACT AUTHORITY

G.4 PAYMENT

G.5 DOI-AAAP-0028 - Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (Apr 2013)

G.6 ADDITIONAL INVOICING INSTRUCTIONS

G.7 METHOD OF PAYMENT

G.8 PAYMENT FOR UNAUTHORIZED WORK

G.9 IN-PROGRESS REVIEW (IPR)

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SECTION H SPECIAL CONTRACT REQUIREMENTS

H.1 RESPONSIBILITY FOR GOVERNMENT INFORMATION

H.2 CORPORATE CHANGES

H.3 TRAVEL

H.4 ORGANIZATIONAL CONFLICT OF INTEREST IAW FAR 9.5

H.5 DISCLOSURE OF INFORMATION

H.6 CLOSEOUT

SECTION I CONTRACT CLAUSES

I.1 CLAUSES

I.2 Department of Interior Acquisition, Assistance, and Asset Policy (DOI-AAAP)

I.3 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

I.4 AQD PROVISIONS

SECTION J ATTACHMENTS

SECTION K REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFEROR

K.1 ONLINE REPRESENTATIONS AND CERTIFICATIONS APPLICATION (SAM)

K.2 52.204-8 -- Annual Representations and Certifications. Annual Representations and Certifications (Apr 2016)(a)

SECTION L INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

L.1 PROPOSAL ORGANIZATION INSTRUCTIONS

L.2 EXECUTIVE SUMMARY

L.3 ASSUMPTIONS, CONDITIONS, OR EXCEPTIONS

L.4 VOLUME 1: SECTION 2, CHAPTER 2 - PAST PERFORMANCE REFERENCES

L.5 COST/PRICE VOLUME

L.6 INQUIRIES

L.7 INCURRING COSTS

L.8 RFP QUESTIONS AND DISCREPANCIES/EXCEPTIONS TO TERMS AND CONDITIONS

L.9 PERIOD FOR ACCEPTANCE OF OFFERS

L.10 GOVERNMENT POINT OF CONTACT

L.11 RFP DUE DATE AND SUBMISSION

L.12 DELIVERY

SECTION M EVALUATION FACTORS FOR AWARD

M.1 GENERAL INSTRUCTIONS

M.2 EVALUATION PLAN

M.3 EVALUATION FACTORS

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SECTION A - SOLICITATION/CONTRACT FORM

Solicitation number 140D7018R0011 begins with SF1449.

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 – GENERAL

This requirement is being issued by the Department of the Interior (DOI)/Interior Business Center (IBC), Acquisition Services Directorate (AQD) on behalf of the Human Resources Directorate (HRD). This particular contract will provide Scheduling, Specimen Collection and Medical Review Officer (MRO) services as required in Executive Order 12564 in order to meet the Drug-Free Workplace requirements for IBC, Office of the Secretary, U.S. Department of the Interior (DOI) and other Government agencies as specified in Section C, Description/Specifications/Work Statement, for the IBC/HRD titled “Scheduling, Specimen Collection and Test Results”.

This competitive Request for Proposal (RFP) is issued in accordance with FAR Part 12 (“Acquisition of Commercial Items”) and FAR Part 15 (“Contracting by Negotiation).

B.2 - CONTRACT TYPE

The anticipated contract resulting from the RFP is for a single award Indefinite-Delivery-Indefinite-Quantity (IDIQ) contract.

The task orders under this IDIQ contract will be Firm Fixed Price (FFP).

B.3 - SERVICE AND SUPPLIES

The required non-personal services shall be provided in accordance with the Statement of Work incorporated at Section C of this IDIQ contract.

For task orders issued against this contract, the order request will originate from the CLINS required for their usage. All orders shall use the rates established herein.

Offerors will not be reimbursed for any costs incurred in developing their submission in response to this RFP

B.4 NORTH AMERICAN INDUSTRICAL CLASSISIFICATION CODE (NAICS)

All current and any new technologies which may emerge during the life cycle of the Collection IDIQ, as well as collection or MRO services in support of other Federal agencies, are within the scope of the IDIQ. As the definition of collections services changes over the lifecycle of IDIQ, the scope of IDIQ will be considered to coincide with the current definition at any given time.

The primary NAICS Code for this IDIQ is 621511, Medical Laboratories

B.5 PRICING SCHEDULE

Offeror is to respond to the Instructions as articulated in Section L of this Solicitation. The offeror shall propose pricing for the each of the periods. Prices quoted by the successful Offeror (IDIQ Price List), as submitted in accordance with Section L of this RFP, will be included in and made a part of Section B of the final IDIQ contract award.

The first task order pricing shall be consistent with the proposed pricing of the base period Section J for Pricing template (Attachment 3) and attached First Task Order pricing template (Attachment 7).

B.6 IDIQ’s TERMS

This IDIQ are 5 year contracts. Please reference the Statement of Work for each contract for the period of performance

B.7 OTHER DIRECT COSTS (ODCs)

Other Direct Costs, not identified herein, shall be Task Order dependent. The price(s) charged to the government for such item(s) or service(s) will be an amount not greater than the then current commercial list price and procured in accordance with all

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B.8 MINIMUM AND MAXIMUM THRESHOLDS

During the life of this contract, the government is not obligated to purchase services above the guaranteed minimum for this entire period of performance for this IDIQ contract which is $10,000.00

The contract ceiling for this entire period of performance for this IDIQ contract (inclusive of periods) is $15,000,000.00.

B.9 EXTENT OF OBLIGATION

This IDIQ contract does not obligate any funds. The Government shall only obligate funds through the issuance of authorized Task Orders placed under this IDIQ contract. The guaranteed minimum order associated with this IDIQ contract is $10,000.00.

The Offeror shall incur costs under the IDIQ contract only in the performance of Task Orders issued in accordance with the ordering procedures and Period of Performance (POP) contained herein. No other costs are authorized without express written consent of the ordering activity Contracting Officer.

B.10 ORDERING

All services under this IDIQ contract are to be performed in accordance with the IDIQ contract and Task Orders issued by the ordering activity Contracting Officer. The following will apply to all Task Orders under this IDIQ contract.

a. A Request for Proposal (RFP) will be issued by the Government for each new Task Order requirement. The Offeror must have sufficient procedures and personnel in place to provide a quote within the same day as the RFP. The Government will, to the maximum extent practicable, provide the Offeror with a longer response time.

b. Orders may be placed by mail, orally, by facsimile, or by electronic commerce methods.

c. The terms and conditions of the IDIQ contract take precedence over Task Order terms and conditions.

d. Task Orders shall not imply authorization to exceed or change the Task terms and conditions of the IDIQ contract.

e. Individual Task Orders may be awarded through the last day of the IDIQ contract Period of Performance (POP) which means all Orders have to be substantially completed by March 30, 2023.

f. Each Task Order will include CLINS with a description of the work, quantities, amounts, ceiling value, POP and other data as appropriate in the Uniform Contract Format, required deliverables, SOW, performance schedule, Contract Administration information including Government points of contact and associated contracting office information.

g. Performance under a Task Order shall not begin prior to the POP.

[END OF SECTION B]

SECTION C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

Executive Overview

This solicitation defines the requirements for Scheduling, Specimen Collection and Medical Review Officer (MRO) services to fulfill IBC – HRD’s mission and statutory mandates.

The Government conducts drug and alcohol testing as required and regulated by HHS and DOT to detect the presence of marijuana, cocaine, opioids, amphetamines and phencyclidine (PCP) and to deter illegal drug use by their employees or applicants. Commonly needed test types include pre-employment, random, reasonable suspicion/cause, post-accident, return to duty, and follow-up.

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The Collection contractor will help the Government schedule, test, and track their drug and alcohol testing. The contractor will also act as the Medical Review Officer for the drug tests ordered through the contract. The contractor will be able to provide urine, saliva and breath collections nationwide and internationally. The contractor will be able to provide on-site collection services. The contractor must be capable of providing MRO services and maintain an internet based application where customers can track their collections. The contractor must have the capability for their staff to travel and provide testimony when appropriate.

The contractor shall provide to the Government for the collection of urine and saliva specimens and breathe alcohol collections for all types of drug and alcohol testing under the HHS and DOT programs and other Federal government agencies. Also, the Contractor shall provide to the Government all labor, materials, and equipment except that provided herein as "Government Furnished," necessary for the collection and transportation of the specimens from the collection contractor to the contractor collection sites to the Government Contract Drug Testing Laboratory.

The MRO/Collections Contractor has to have or create an internet based Drug Testing System (DTS) which must be operational on the start date of the contract. The DTS is a web based with each Government user issued a unique userid. The DTS allows the Government to schedule and/or input collections and subsequently see results. The DTS will have the capability to run several reports; including reports identifying employees/applicants who have been tested, outstanding tests, positive/negative results, no-shows, etc.

See Section J -Attachment 1- SOW for Details and Attachment 2– Drug Testing System Requirement.

[END OF SECTION C]

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SECTION D - PACKAGING AND MARKING

D.1 PACKAGING

Unless otherwise specified, all reports shall be delivered by electronic mail (e-mail) or First Class mail. The cost of delivery by more expensive means will be denied unless approval is obtained in advance from the Contracting Officer.

D.2 MARKING

Unless otherwise specified, all deliverables submitted to the Government shall clearly indicate the IDIQ contract number, Task Order number, Offeror’s name, description of items contained therein, the Contracting Officer Representative (COR’s) name, and address for which the information is being submitted in accordance with the SOW.

[END OF SECTION D]

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SECTION E INSPECTION AND ACCEPTANCE

E.1 SCOPE OF INSPECTION

All deliverables will be inspected for content, completeness, accuracy and conformance to Task Order requirements by the COR or other authorized representative designated in each Task Order. Inspection may include validation of information or software through the use of automated tools, testing or inspections of the deliverables, as specified in each individual Task Order. The scope and nature of this inspection will be sufficiently comprehensive to ensure the completeness, quality and adequacy of all deliverables.

The Government requires a period not to exceed 15 work days after receipt of final deliverable items for inspection and acceptance or rejection.

E.2 BASIS OF ACCEPTANCE

The basis for acceptance shall be compliance with the requirements set forth in individual Task Orders, the contractor’s quote and other terms and conditions of the contract. Deliverable items rejected shall be corrected in accordance with the applicable clauses. Reports, documents and narrative type deliverables will be accepted when all discrepancies, errors or other deficiencies identified in writing by the Government have been corrected. All of the Government's comments to deliverables must either be incorporated in the succeeding version of the deliverable or the contractor must demonstrate to the Government's satisfaction why such comments should not be incorporated.

[END OF SECTION E]

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SECTION F DELIVERABLES OR PERFORMANCE

F.1 TERM OF THE CONTRACT

a. This IDIQ contains a five (5) year ordering period which begins on the day of IDIQ award.

b. In addition, a six (6) month option in accordance with FAR 52.217-8 is incorporated herein to be exercised if necessary after the five (5) year ordering period.

F.2 PLACE OF PERFORMANCE

The place of performance shall be at contract’s facility..

F.3 MEETINGS, REPORTS AND OTHER DELIVERABLES

In the event the Contractor, for any reason, anticipates or encounters difficulty in complying with the contract delivery or performance schedule or date, or in meeting any of the contract requirements, the Contractor shall immediately provide written notification to the Contracting Officer, giving pertinent details. This data shall be informational only in nature and its receipt by the Government shall not be construed as a waiver by the Government of any delivery schedule or date; or of compliance with other requirement by the Contractor; or of any other rights or remedies provided to the Government by law or under this contract.

F.4 WRITTEN DELIVERABLES

The contractor is responsible for all deliverables and reporting requirements as defined and authorized in Statement of Work in Section C of this award.

[END OF SECTION F]

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SECTION G CONTRACT ADMINISTRATION DATA

Authority – Contracting Officer (CO)/Administrator, Contracting Officer’s Representative (COR) and Contractor’s Project Manager.

TO BE DETERMINED AT TIME OF AWARD

Contracting Officer (CO) and/or Contract Specialist (CS) - The CO/CS for this contract is:

Name: Okpemitoritse U. Onuwaje, Contracting Officer Department of the Interior, IBC, AQD 7301 West Mansfield Ave Denver, CO 80235 Phone: 303-969-5045 Email: Okpemitoritse_U_Onuwaje@ibc.doi.gov

G.1 CONTRACT MANAGEMENT

a. Notwithstanding the Offeror's responsibility for total management during the performance of this IDIQ contract, the administration of the contract will require maximum coordination between the Government and the Offeror. The following individuals will be the Government Points of Contact during the performance of the IDIQ contract: TBD.

b. Contract Administration: All contract administration will be performed by the Government Contract Administrator. All communications pertaining to contractual administrative matters will be addressed to the Contract Administrator, who may also be the Contracting Officer.

c. The Contracting Officer will designate an individual or individuals to act as the COR(s) during the term of this agreement. The COR will represent the Contracting Officer in all technical aspects of the work and will act in a liaison capacity to coordinate activities between the Offeror and the Government as required in performance of this IDIQ contract. A letter of designation will be issued to the COR with a copy provided to the Offeror stating the responsibilities and limitations of the COR. Each Task Order will contain a copy of the COR appointment letter and COR certification certificate.

d. The Offeror Project/Account Manager shall keep a current and up-to-date report showing all awarded Task Orders with POP dates and other related data as determined necessary by the Government.

G.2 POSTAWARD CONFERENCE

The Contractor agrees to attend a Post-award Conference if one is scheduled by the contracting activity in accordance with Federal Acquisition Regulation (FAR) Subpart 42.5 – Post-award Orientation.

G.3 CONTRACT AUTHORITY

a. Contracting Officer's Authority: The Contracting Officer is the only person authorized to direct changes to any of the requirements under this IDIQ contract and awarded Task Orders, and notwithstanding any provisions contained elsewhere in this IDIQ contract, the said authority remains solely with the Contracting Officer. In the event the Offeror effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and solely at the risk of the Offeror.

Any and only warranted Contracting Officers within the Department of the Interior, Interior Business Center, Acquisition Services Directorate may place orders against the IDIQ contract in accordance with their delegated authority.

b. Offeror Notice

The Offeror shall not accept any instruction issued by any person employed by the U.S. Government or otherwise, other than the Contracting Officer or the COR acting within the limits of their authority.

mailto:Okpemitoritse_U_Onuwaje@ibc.doi.gov

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The Offeror shall not in any way represent that he is a part of the United States Government or that he has the authority to contract or procure supplies for the account of the United States of America.

G.4 PAYMENT

Payment for all services shall be made upon Government acceptance in accordance with the appropriate payment clause and terms as stipulated in individual Task Orders.

G.5 DOI-AAAP-0028 - Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (Apr 2013)

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform System (IPP). “Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

Invoices submitted for payment must be accompanied by a copy of the government’s document(s) accepting the covered services;

• The Contractor shall have the invoice certified by the COR;

• Travel receipts and support documentation; and,

• Any additional information as requested by Contracting Officer or COR The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 – 5 business days after the contract award date.

Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or telephone at (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

[End of Local Clause]

G.6 ADDITIONAL INVOICING INSTRUCTIONS

Any payment under this contract to provide a service or deliver an article for the United States Government may not be more than the value of the service already provided or the article already delivered. The Contractor shall bill either monthly or quarterly, in arrears, in accordance with 31 U.S.C 3324.

G.7 METHOD OF PAYMENT

The Department of the Interior has adopted the Department of Defense’s Central Contractor Registration database as its database for contractor information. All payments by the Government under this contract shall be made by electronic funds transfer (EFT). Therefore, the provisions of FAR 52-232.33, Payment by Electronic Funds Transfer – Central Contractor Registration, apply and are hereby incorporated by reference in Section I of this contract.

G.8 PAYMENT FOR UNAUTHORIZED WORK

No payments will be made for any unauthorized supplies and/or services or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of their own volition or at the request of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and conditions under this effort.

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G.9 IN-PROGRESS REVIEW (IPR)

If scheduled, the Contractor, HRD and DOI/IBC AQD will have conference calls to keep each other informed of progress on activities agreed to in the IDIQ and Task Orders.

[END OF SECTION G]

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SECTION H SPECIAL CONTRACT REQUIREMENTS

H.1 RESPONSIBILITY FOR GOVERNMENT INFORMATION

At the sole discretion of the Government, Government furnished information (GFI) may be provided for use in the performance of the Task Order. If GFI is provided, such information will be returned to the Government upon conclusion of the Task Order or as specified by the Contracting Officer, in writing.

The Offeror must protect, from unauthorized disclosure or release, any materials or information made available by the Government, that the Offeror has access to by virtue of the provisions of this agreement, or information developed that are not intended for public disclosure. The Government retains the exclusive rights to the materials and information made available to the Offeror by the Government, or that the Offeror develops or otherwise comes into contact with during the performance of the associated Task Orders under this IDIQ contract. Upon completion or termination of this agreement and Task Orders, the Offeror shall turn over to the Government, all materials (copies included) that were furnished to the Offeror by the Government, and all materials that were developed by the Offeror in the performance of this agreement.

H.2 CORPORATE CHANGES

The contractor shall provide the Contracting Officer copies of all correspondence relating to the contractor's corporate status and major corporate revisions, such as buyouts, mergers, novation agreements, sale or dissolution, and changes in personnel policy.

Potential buyout scenarios, actual buyouts, sales and dissolutions shall be disclosed in writing to the Contracting Officer as soon as possible.

H.3 TRAVEL

Travel is not anticipated at this time. However, travel may be issued at the Task Order level and will only be authorized with the prior approval of the CO.

H.4 ORGANIZATIONAL CONFLICT OF INTEREST IAW FAR 9.5

Purpose: The primary purpose of this clause is to ensure that: (1) the Contractor's objectivity and judgment are not biased because of its past, present, or currently planned interests (financial, contractual, organizational, or otherwise) which related to work under this contract, (2) the Contractor does not obtain an unfair competitive advantage by virtue of its access to non-public information regarding the Government's program plans and actual or anticipated resources, and (3) by virtue of its access to proprietary information belonging to others, the contractor does not obtain any unfair competitive advantage.

Scope: The restrictions described herein shall apply to performance or participation by the Contractor and any of its affiliates or their successors in interest (hereinafter collectively referred to as "contractor") in the activities covered by this clause as prime contractor, subcontractor, cosponsor, joint venture, consultant, or in any similar capacity.

(1) Maintenance of Objectivity: The Contractor shall be ineligible to participate in any capacity in contracts, subcontracts, or quotes therefore (solicited or unsolicited) which stem directly from the Contractor's performance of work under this contract or are directly related to this contract, for example under the same Program or Project. Furthermore, unless directed in writing by the Contracting Officer, the Contractor shall not perform any services under this contract on any of its own products or services or the products or services of another firm if the Contractor is, or has been substantially involved in their development or marketing. In addition, if the Contractor under this contract advises the Government on the preparation of, or prepares complete, or essentially complete, Statements of Work of objectives for competitive acquisitions, the Contractor shall be ineligible to perform or participate in any capacity in any contractual effort which is based on such Statements of Work or objectives. Nothing in this subparagraph shall preclude the Contractor from competing for follow-on contracts involving the same or similar services.

(2) Access To and Use of Government Information: If the Contractor, in the performance of this contract, obtains access to information such as plans, policies, reports, studies, financial plans, or data which has not been released or otherwise made available to the public, the Contractor agrees that without prior written approval from the Contracting Officer, it shall not: (a) use

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(3) Access To and Protection of Proprietary Information: The Contractor agrees that, to the extent it receives or is given access to proprietary data, trade secrets, or other confidential or privileged technical, business or financial information (hereinafter referred to as "proprietary data") under this contract, it shall treat such information in accordance with any restrictions imposed on such information. The Contractor further agrees to enter into a written agreement for the protection of the proprietary data of other contractors and to exercise diligent effort to protect such proprietary data from unauthorized disclosure. In addition, the Contractor shall obtain from each employee who has access to proprietary data under this contract, a written agreement which shall in substance provide that such employee shall not, during his/her employment by the Contractor or thereafter, disclose to others or use for their benefit, proprietary data received in conjunction with the work under this contract.

Subcontracts: The Contractor shall include this clause, including this paragraph, in consulting agreements and subcontracts of any tier when directed by the Contracting Officer. The terms "contract," "contractor," and "contracting officer" will be appropriately modified to preserve the Government's rights.

Representations and Disclosures:

(1) The Contractor represents that it has disclosed to the Contracting Officer, prior to award, all facts relevant to the existence or potential existence of organizational conflict or interest as that term is used in FAR Subpart 9.5.

(2) The Contractor agrees that if after award it discovers an organizational conflict of interest with respect to this contract, a prompt and full disclosure shall be made in writing to the Contracting Officer which shall include a description of the action the Contractor has taken or proposes to take to avoid or mitigate such conflict(s).

Remedies and Waiver:

(1) For breach of any of the above restrictions or for nondisclosure or misrepresentation of any relevant facts required to be disclosed concerning this contract, the Government may terminate this contract for default, disqualify the Contractor from subsequent related contractual efforts, and pursue such other remedies as may be permitted by law or this contract. If, however, in compliance with this clause, the Contractor discovers and promptly reports an organizational conflict of interest (or the potential therefore, subsequent to contract award, the Contracting Officer may terminate this contract for convenience of the Government if such termination is deemed to be in the best interest of the Government.

(2) The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the Contractor may, at any time, seek a waiver from the Contracting Officer by submitting a full written description of the requested waiver and the reasons in support thereof. If it is determined to be in the best interests of the Government, the Contracting Officer will grant such a waiver.

Modification: Prior to a contract modification involving a change to the Statement of Work, or an increase in the level of effort or extension of the term of the contract, the Contractor shall be required to submit either an organizational conflict of interest disclosure or an update of the previously submitted disclosure or representation.

Conflict of interest statement;

The Department of Health and Human Services Substance Abuse and Mental Health Services Administration Mandatory Guidelines for Federal Workplace Drug Testing Program: Final Rule, Federal Register, 82 FR 7920 – 2017 prohibits a relationship between the laboratory and the MRO, it states specifically;

Section 11.25 what type of relationship is prohibited between an HHS-certified laboratory and an MRO?

A certified laboratory must not enter into any relationship with a Federal agency’s MRO that may be construed as a potential conflict of interest or derive any financial benefit by having a Federal agency use a specific MRO. This means an MRO may be an employee of the agency or a contractor for the agency; however, an MRO shall not be an employee or agent of or have any

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H.5 DISCLOSURE OF INFORMATION

a. Performance under this contract may require the contractor to access data and information proprietary to a Government agency, another Government contractor, or of such nature that its dissemination or use other than as specified in this contract would be adverse to the interests of the Government or others. Neither the contractor, nor contractor personnel, shall divulge nor release data or information developed or obtained under performance of the contract except to authorize Government personnel or upon written approval of the Contracting Officer. The contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as specified in the contract.

b. To the extent the contractor receives or is given access to proprietary data, data protected by the Privacy Act of 1974, or other classified or privileged technical, business or financial information under this SOW, the contractor shall treat and protect Privacy Act information IAW any restrictions imposed on such data. Such information and materials will be protected. Access includes the functions of record management, data handling, storage, electronic transmission and physical distribution.

c. As required by the Contracting Officer or designee, the contractor shall agree to enter into a written agreement with any firm whose proprietary data is used in conjunction with performance of this SOW. The contractor shall furnish the Contracting Officer with executed copies of such agreements, and shall not use any proprietary information for any purpose other than which it was provided.

d. Neither the contractor nor the contractor's employees shall disclose, or cause to be disseminated, any information concerning the operations of the activity that could result in, or increase the likelihood of, the possibility of a breach of the activity's security or interrupt the continuity of its operation.

e. All inquiries received by the contractor for information concerning work performed under this contract shall be referred to the Government for evaluation. The determination of whether records will be released will remain with the Government. The contractor shall assist the COR in compiling information or records for submission upon request by the Government.

f. The contractor shall not release any information (including photographs, files, public announcements, statements, denials or confirmations) on any part of the subject matter of this contract or any phase of any program there under without the prior written approval of the COR. All documentation showing individual's names or other personal information shall be controlled and protected.

g. The contractor shall use any data furnished by the Government only for performance under this SOW, and shall return copies of such data to the Government upon completion of this effort.

h. Data pertaining to other contracts/services may reside on IT systems utilized or accessed by other Government organizations where contractor personnel may be performing. Contractor personnel shall in no way divulge this information or use this information for their gain. The contractor shall notify the Contracting Officer of any potential conflicts of interest.

i. All contractor personnel shall sign non-disclosure agreements to protect all Government information to which they have access both during and after contract performance is completed. The non-disclosure agreements will provide that the contractor's employees will not disclose the information at any time.

H.6 CLOSEOUT

The Offeror shall work in a timely and efficient manner with the Federal Government to close out Task Orders after completion of the tasks and to close out the IDIQ contract after all Task Orders have been closed. This will be an item addressed in the Offeror's past performance rating in CPARS. It is incumbent upon the Offeror to provide a current Point of Contact who will work diligently with the Contracting Officer or Contracting Officers Representative upon final delivery/acceptance to accomplish all documentation necessary to close individual awards.

[END OF SECTION H]

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SECTION I CONTRACT CLAUSES

I.1 CLAUSES

52.252 CLAUSES INCORPORATED BY REFERENCE

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/these address(es):

CLAUSE TITLE DATE

52.212-1 Instructions to Offerors -- Commercial Items OCT 2015 52.212-4 52.212-4 -- Contract Terms and Conditions -- Commercial Items. May 2015 52-204-9 Personal Identity Verification of Contractor Personnel. Jan 2011

52.227-14 Rights in Data -- General May 2014 52.227-17 Rights in Data -- Special Works Dec 2007 52.237-3 Continuity of Service Jan 1991

52.203-19 – Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

(a) Definitions. As used in this clause--

“Internal confidentiality agreement or statement” means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

“Subcontract” means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

“Subcontractor” means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with 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

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(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

(End of clause)

52.204-9 -- Personal Identity Verification of Contractor Personnel.

Personal Identity Verification of Contractor Personnel (Jan 2011)

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

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

(1) When no longer needed for contract performance.

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

(3) Upon contract completion or termination.

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

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

(End of Clause)

52.204-21 – Basic Safeguarding of Covered Contractor Information Systems.

Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

(a) Definitions. As used in this clause--

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

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(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.209-9 – Updates of Publicly Available Information Regarding Responsibility Matters.

Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information…