B08 - Solicitation 140P2121Q0004 - Amendment 0001_0001.pdf

Solicitation 140P2121Q0004

Document No.

PR#40511964

Document Title Occupational Medical Examination Program – Arduous Duty Categories

Table of Contents

PART A – CONTINUATION OF SF 1449

Supplemental Information:

Scope of Work

PART B – COMMERCIAL CONTRACT CLAUSES

As indicated in Block 27a of the SF1449, FAR Clause 52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018) applies to this solicitation and is incorporated by reference

Addenda to 52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018)

Addendum 1.0: Additional Clauses Incorporated by Reference

Addendum 2.0 Additional Clauses Incorporated by Full Text

Addendum 3.0 Department of the Interior Local Clauses

FAR CLAUSE 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders

– Commercial Items (NOV 2020)

PART C – CONTRACT DOCUMENTS, EXHIBITS AND ATTACHMENTS

PART D – SOLICITATION PROVISIONS

As indicated in Block 27a of the SF1449, FAR Clause 52.212-1 Instructions to Offerors – Commercial Items (OCT 2018) applies to this solicitation and is incorporated by reference

Addendum to 52.212-1 Instructions to Offerors – Commercial Items (OCT 2018)

Addendum 1.0: Additional Provisions Incorporated by Reference

Addendum 2.0: Additional Provisions Incorporated in Full Text

52.212-3 Offeror Representations and Certifications – Commercial Items (JUN 2020)

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Document Title Occupational Medical Examination Program –

PART A – CONTINUATION OF SF 1449

Supplemental Information:

1. This procurement is a sole-source acquisition issued in accordance with FAR 13.106-1(b). This posting serves as a notice that the responsible source may submit a response.

2. The submitted offer shall be valid for 45 calendar days from the date specified for receipt of offers.

Scope of Work

PERFORMANCE WORK STATEMENT

FOR

NATIONAL PARK SERVICE (NPS)

OCCUPATIONAL MEDICAL EXAMINATION PROGRAM – ARDUOUS DUTY CATEGORIES

WASHINGTON, DC

January 5, 2021

1.0 BACKGROUND

The Office of Personnel Management (OPM) requires that agencies establish medical and physical qualifications for individuals entering and retaining positions that primarily perform arduous duties. To fulfill this requirement, the National Park Service (NPS) developed a Medical Standards Program (MSP).

Under this program, the NPS applies these medical qualifications to all positions in which arduous duties are assigned, whether as a primary or collateral duty, and whether the position is career, term, or temporary. The program’s objective is to determine if the applicant or employee has any medical condition(s) that would prevent them from performing, with or without reasonable accommodation, the essential functions of the position without posing a significant risk to the safety and health of themselves or others. It must be determined if the examinee’s health status, or if applicable, medical condition(s), will be aggravated and/or worsened by the physical demands and/or working conditions of the job or work conditions.

Currently, the arduous duty occupations included in the program and are intended to be covered under this contract are law enforcement, scuba divers and structural firefighters. Law enforcement officers (LEO) performing collateral duty as wildland firefighters are also included in the program.

The program is managed by the Law Enforcement, Security, and Emergency Services Division (LESES) under the Visitor and Resource Protection Associateship (VRP) at NPS Headquarters in Washington, DC. Within the division there is a Medical Standards Program Manager (MSPM). These personnel oversee the program at the National Level, inclusive of all U.S. Territories (i.e. Puerto Rico, Guam, Saipan, Virgin Islands, St. Thomas). The MSPM is also known as the COR for this requirement.

2.0 DESCRIPTION OF SERVICES

2.1 General

The Contractor shall provide a comprehensive occupational medical examination program for applicants and employees. The general medical and occupational history review and general physical examinations provide the basis for the medical determination/status of applicants and employees to perform the essential

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Document Title Occupational Medical Examination Program – functions of arduous duty positions and disclose any health issues that may prevent the effective performance of official duties. The contractor shall begin immediately or as soon as possible with minimal start-up time, to provide all necessary facilities, staff, materials and equipment to administer an all-inclusive medical examination program as delineated in the performance tasks outlined herein.

2.2 Medical Examinations and Determinations

a. Appointment/Examination Scheduling

Schedule, oversee, and document all exams required to make the final medical rating determination.

Examinations will be requested by NPS designated personnel via the web-based application delineated in Section

2.3. Examinees will schedule and complete medical history questionnaires online. The contractor must schedule within 7 days of the request, with the exam appointment taking place within 14 days of the request. Medical packets will be mailed directly to the assigned clinics. Scheduled exams must be conducted within a 50-mile radius of the examinee’s home or office of record. Exam types and requirements are provided in Section 13.0, Definitions of Exam Types and Requirements of this PWS.

b. Medical Exams

Conduct all required medical exams in one day at one location unless prior approval is received from the Medical Standards Program Manager (MSPM). All personnel performing medical exams must understand the medical standards required for arduous duty. Clinical errors which result in retesting shall be performed at no charge.

c. Medical Determinations

Review the results of all required medical exams necessary to make an initial medical rating qualification determination consistent with the National Park Service (NPS) medical qualification standards in accordance with Reference Manual (RM)-57A. This review and determination is conducted by the Contractor’s Board Certified Internist or Occupational Health Physician (or Board Certified Family Practice or Emergency Medicine under the supervision of a Board Certified Internist or Occupational Health Physician) who will be referred to as the Reviewing Medical Officer (RMO) herein. The initial medical rating qualification determination must be made within 14 days of attended exam date, consistent with NPS qualification standards. If additional detailed medical information is needed for the RMO to make a final determination of ‘medically qualified’ or ‘not medically qualified’, coordinate with the examinee to acquire this information.

If all applicable medical information is obtained from the examinee’s personal physician and medical clearance is still not warranted (i.e. not medically qualified), the examinee may continue to submit more information;

however, the contractor must make a final determination 90 days from the initial appointment date of ‘medically qualified’ or ‘not medically qualified’ with the available information at that time. This determination shall be submitted via the contractor’s electronic system. Review and RMO consultations of any additional information submitted by the examinee within the 90-day time frame will be considered part of the initial examination. The review of any additional information, as well as any RMO consulting, is considered part of the examination. If the final determination is one of ‘not medically qualified’, notify and forward, as requested by the Program Manager, copies of all medical information. Document the final determination, including a written summary of exam findings and any examinee personal health care provider diagnosis/prognosis/treatment recommendations, in the secure web-based application delineated in Section 2.3.

After the initial 90-day time frame, further submittals, review, consultations and work associated with an existing file will be chargeable by the Contractor, using the Medical Consultation CLIN. Any chargeable submittals after the 90-day time frame must be pre-approved by the MSPM.

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Rating determinations, regardless of outcome, must be input into the database for viewing by authorized users per their role as defined in Section 2.3, a. Data Management.

If the final determination is one of ‘not medically qualified’, notify the MSPM via e-mail and forward copies of all medical information. Document the final determination, including a written summary of exam findings and any examinee personal health care provider diagnosis/prognosis/treatment recommendations, in the secure web-based application delineated in 2.3, Data and Records Management.

2.3 Data and Records Management

a. Data Management

Provide a secure web-based application, hosting infrastructure and services that are accessible to the highest extent possible (full Section 508 compliance is not required) for the purposes of requesting, scheduling, tracking and documenting all data associated with the MSP. The application will meet the following functional requirements:

· Automate the exam requesting, scheduling & completion of medical history questionnaire process through electronic submission via a secure web application.

· Document attempts made by the Contractor to contact/schedule the exams with examinee

· Provide email or pop-up notices to examinee and users 30 days prior to when an exam is due

· Issue compliance notifications via email to examinees and supervisors for overdue examinations

· Real-time tracking of the status and progress of examinee’s examination processes

· Document individual examination results

· Document the final determination of the RMO

Maintain a secure web application repository for examinees to retrieve documents, including deferral letters, final determinations, exam results and medical certificates.

· Incorporate and maintain individual examinee files that contain all historical and current examinations and personal identification information, including:

o Name o Individual Personal Identifier Code o Date of Birth o Address (work or home) o Date of all NPS examination(s) o Age o Month and year of next examination o Exam category (Baseline/Periodic/Exit) o Status of all past and ongoing examination(s) during the contract period o Copies of documentation of any current or previous waivers o Event log of all past and ongoing examination(s)

· Document the entire evaluation for a historical basis

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· Provide exam reports and final determination documentation compatible with MS Office or Adobe Acrobat

· Provide access to digital examinee medical records by authorized users

· Provide for NPS generated queries, inclusive of both system-typical and custom queries.

· Provide internal secure messaging between the MSPM and the Contractor. E-mail encryption or equivalent is required to protect medical information.

· Ensure all examinee personal and medical information is adequately safe guarded from unauthorized access.

· If examination results are sent to examinees electronically, provide a secure electronic method for transmittal.

· All electronic data will be returned to the Government at the end of the contract in an excel format and all scanned exam medical history forms in a software application utilized for scanning documents, so the data is easily transferrable.

This application will be accessible by authorized users only as requested by the MSPM utilizing the Web-Based User Set-Up Form. Upon Award, NPS will provide the Contractor with a list of all the approved users of which there are approximately 300 (i.e. Hiring Managers, Chief Rangers, Human Resources/Servicing Human Resource Offices (HR/SHROs). Within two weeks of receipt, the Contractor shall provide role-based access to examinee information as follows:

· MSPM Role – Requires the ability to view all information on the site, including scanned medical documents.

· Administrator I Role – Require the ability to view-only examinee information for all duty stations. These users will require the progress tracking information and medical determination of rating of all examinees yet do not require the ability to request any examinations.

· Administrator II Role (SHRO, HR) – Require the ability to request examinations and view examinee information for only the duty stations for which they have approval; this includes exams requested by other duty stations. Similarly, these users will require the progress tracking information and medical determination of ratings yet do not require the ability to review any confidential medical documentation of the examinees.

The Contractor shall be responsible for developing and implementing training for utilizing the web-based application. It is envisioned that the training is geared toward new users learning how to navigate the site through self-paced instruction. This training will be accessible and available (24/7) 365 days per year.

The Contractor shall abide by the Health Insurance Portability and Accountability Act (HIPAA) Security Rules as it pertains to Security Standards for the Protection of Electronic Protected Health Information (the Security Rule) which establishes a national set of security standards for protecting certain health information that is held or transferred in electronic form. Reference 45 CFR Parts 160, 162, and 164 Health Insurance Reform: Security Standards

The Contractor shall be responsible for transitioning all existing examinee determination data (i.e. dates and times of all previous determinations, name, SSN, park unit of examinees, etc.) from the Government furnished excel spreadsheet (see section 4.0, Government Furnished Information) to the web-based application, and transition all existing examinee scanned medical history forms to the application in order to ensure all historical data is maintained and available for use in the new application.

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b. Records Management

The Contractor shall maintain and safeguard all hardcopy documentation as generated throughout the entirety of this contract. The Contractor shall abide by the HIPAA Privacy Rule: Standards for Privacy of Individually Identifiable Health Information which establishes national standards for the protection of certain health information (Reference 45 CFR Parts 160 and 164 Standards for Privacy of Individually Identifiable Health Information) ensuring that no unauthorized release of personal information occurs. Maintain copies of all previous and current NPS medical files for all examinees. Convert all hardcopy documentation that is generated during the current contract to electronic media for posting to the secure web application in Section 2.3.A.

Records Management will be required and maintained throughout the course of the contract.

2.4 Customer Support

Provide, implement, operate and maintain a fully functional Call Center, for recording, triaging, troubleshooting and resolving/ redirecting customer support requirements and ensuring minimum user downtime. All customer service-related inquiries must be responded to within the same business day or by close of business (EST) the following business day. Communicate to employees their personal health issues/concerns that do not affect clearance for arduous duty (e.g. elevated triglycerides) that are found on any of the examinations. Provide electronic results to examinee within 1 day of determination completion.

2.5 Medical Consultations

Provide medical consultations to the NPS when requested by the MSPM, and to a Waiver Review Panel or a Medical Review Board (MRB) when requested by the MSPM or the MRB Chair.

The RMO may also be requested by the MSPM to provide his/her services in the mitigation of court hearings regarding the medical suitability of Appellants.

All requests for medical consultations will be done in writing via e-mail from the MSPM. The e-mail will include, yet not be limited to:

· Subject

· Name of Examinee

· Issues to Review

· Date of Consultation

· Method of Meeting (via telecom, web-based applications, in person, etc.)

· Travel and associated estimated numbers of days required on travel if applicable

If the Contractor can accept the request, within 48 hours of receipt, the Contractor will confirm via e-mail.

In the case where the RMO will need to travel in order to provide these services, travel procedures will be followed per Section 3.0.

2.6 Examinee Results

In all cases, the Contractor shall post electronic copy (hardcopy, upon request will be at an additional cost) of examination results and medical certificate with final rating for retrieval by examinee upon completion of determination.

2.7 Max Quantities

The contractor will be paid the stated unit price for each exam or item performed, up to the estimated maximum quantity stated. The Contractor is responsible for tracking performance to assure that the total firm-fixed price contract value is not exceeded and must notify the CO when 75% has been performed.

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2.8 Termination of Contract

At the end of the contract, the Contractor shall furnish all existing historical examinee determination data in the form of an excel spreadsheet. Additionally, the Contractor shall provide exam reports, scanned exam medical history forms and final determination documentation compatible with MS Office or Adobe Acrobat.

Upon request, all hardcopy documentation will be provided.

Ultimately, the Contractor shall deliver this property to the new contract Awardee per the transition plan and 52.237-3 – Continuity of Services; this should be accomplished through direct coordination between contractors. If this is not possible, then all final deliverables will be provided as follows:

Attn: Jean Fisher Medical Standards Program Manager (MSPM) National Park Service Visitor and Resource Protection Program 1849 C Street, NW Washington, DC 20240

3.0 TRAVEL

Approved allowable and allocable travel costs associated with performance of this requirement will be reimbursed.

Contractor costs incurred for travel will be considered reasonable and allowable only to the extent they do not exceed, on a daily basis, the maximum per diem rates in effect at the time of travel as set forth in the Federal Travel Regulations (FTR). Costs incurred for transportation and per diem (lodging, meals and incidental expenses) will be billed in accordance with regulatory implementation of Public Law 99-234, FAR 31.205-46 Travel Costs. These costs are directly reimbursable as authorized.

4.0 GOVERNMENT FURNISHED INFORMATION

Upon award, NPS will furnish all existing historical examinee determination data in the form of an excel spreadsheet, as well as all scanned medical history forms. Furthermore, all associated historical hardcopy documentation will be provided to the Contractor.

The delivery of this information should be accomplished through direct coordination with the current incumbent Contractor.

5.0 PERFORMANCE STANDARDS

Overall contract performance standards that the Contractor shall adhere to are outlined in the MSP, and section 12.0, Services Summary.

6.0 PLACE OF PERFORMANCE

The contractor must be able to provide services in all 50 states and all U.S. Territories per the National Park Service Website, www.nps.gov.

7.0 HOURS OF OPERATION

http://www.nps.gov/

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Performance of work is expected between the hours of 6:30 AM to 5:00 PM, Monday through Friday, excluding Government holidays. Modification to duty hours may be required to accommodate unique circumstances.

Government personnel observe the days listed below as holidays.

New Year’s Day January 1 Martin Luther King’s Birthday 3rd Monday in January President’s Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veterans Day November 11 Thanksgiving Day 4th Thursday in November Christmas Day December 25

8.0 KEY PERSONNEL

The Contractor shall appoint the following Key Personnel to be maintained throughout the course of this contract:

a. Program Manager – responsible for being the singular point of contact for the MSPM to interact with.

b. Reviewing Medical Officer (RMO/RMOs): this/these official(s) will be Board Certified Internist(s) or

Occupational Health Physician(s) experienced in making medical determinations for examinees engaged in arduous duties.

9.0 CONTRACT POINTS OF CONTACT

CO: Paula M. Johnson, 7333 W. Jefferson Ave, Suite 100, Lakewood, CO 80228, paula_johnson@nps.gov

CS: Kacie L. Varner, 7333 W. Jefferson Ave, Suite 100, Lakewood, CO 80228, Kacie_varner@nps.gov

MSPM/COR: Jean Fisher, 1849 C Street NW, Washington DC, 20240, jean_fisher@nps.gov

10.0 POST AWARD KICKOFF MEETING

Upon award, a kick-off Post-Award Conference via teleconference will be held within 5 days of award and will include all pertinent Contractor Personnel, NPS Contracting Personnel and LESES representatives. The purpose of this meeting is a review of the contract, definition of roles and discussion of any questions.

11.0 COMMUNICATION

Unless otherwise noted herein, communication of a technical nature such as on-site coordination shall be done with the

COR.

All communication regarding administration of this contract must be directed to the CO with a cc to the CS and COR.

12.0 SERVICES SUMMARY

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Performance Objective PWS Para

Performance Threshold Method of Surveillance

PO-1. On-line scheduling & examination process begins immediately upon request with email notification sent to examinee.

Vendor to ensures an appointment is scheduled within 7 days of the request.

Exam appointment must be within 14 days of the request. Packets mailed to clinic directly.

2.2.a Automatic, upon request Random Sampling of secure web-based Data Management System.

At a minimum on a Quarterly basis

PO-2. Provide an initial medical rating qualification determination within 14 days of attended date, consistent with NPS qualification standards.

2.2.c. No more than 1 day late for Baseline exams; no more than 3 days late for Periodic/Exit exams

Random Sampling of medical determination documents.

At a minimum on a Quarterly basis.

PO-3. Provide a final determination via electronic system within 90 days of the appointment date, based on the available information on file.

2.2.c. No more than one day late Random sampling of medical determination reports.

PO-4. Provide and maintain a secure web-based scheduling system to be used for documenting all facets of the Medical Standards Program.

2.3.a Available to all authorized users (24/7) 365 days per year. No more than 1-day downtime per month outside of regular scheduled maintenance.

Random inspection of website.

At a minimum on a Quarterly basis.

PO-5. Develop and implement website training

2.3.a Online training available (24/7) 365 days per year.

No more than 1 day down time per month outside of regular scheduled maintenance.

Random inspection of website.

At a minimum on a Quarterly basis.

PO-6. Protect all data, regardless of format in accordance with HIPAA

2.3.b. No unauthorized release of personal information and all documents stored in an environmentally safe method.

Random inspection of website.

At a minimum on a Quarterly basis.

PO-7. Maintain fully Functional Call Center

2.4 Equipment failures/non

availability, or maintenance shall not interfere with

Random inspection of Data Call Center.

At a minimum on a

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Quarterly basis.

PO-8. Provide a response to all customer service-related inquiries within the same business day or by COB (EST) the following business day.

2.4 No more than one day late;

no more than three late responses per month.

Random surveys to the field, reviewed at a minimum on a Quarterly basis.

PO-9. Provide electronic results to examinee within 1 day of determination completion

2.4 No more than one day late;

no more than three late submissions per month.

Random surveys to the field, reviewed at a minimum on a Quarterly basis.

13.0 DEFINITIONS OF EXAM TYPES AND DETERMINATIONS

Baseline Examination: the initial examination of an employee administered after an applicant has accepted a tentative offer of employment in their first NPS arduous duty position in any of the three arduous duty occupations: law enforcement, structural fire, scuba diver. (Note: the offer is conditional based on being medically qualified.) The baseline examination form to be used by the Contractor will be approved by the MSPM.

Baseline/Exit Exam Requirements:

• General Medical and Occupational History Review; Noise Exposure History

• General Physical Examination; General Appearance and Vital Signs

• Vision Screening (Corrected and Uncorrected, each eye separately and both together; near and far visual acuity;

color vision, peripheral vision; depth perception)

• Audiogram (500, 1K, 2K, 3K, 4K, 6K, 8K Hertz in both ears)

• Chest X-Ray, PA and lateral

• Electrocardiogram, resting, age 40 and above

• Pulmonary Function Test/Spirometry

• Blood Type & RH (Scuba Divers only)

• Sickle Cell Prep (Scuba Divers only)

• Lab Panel:

o Complete Blood Count (CBC) o Chemistry panel, including liver function tests and lipid profile o Urinalysis o Lead o Zinc Protoporphyrin (ZPP)

• Standards review and summary statement

• Review the OSHA Respirator Questionnaire Form and provide clearance info (not applicable for Exit exam)

Baseline Examination without Spirometry: same as Baseline Examination, except no spirometry test.

Due to advisement from the American College of Occupational and Environmental Medicine (ACOEM) public contact restrictions have been put in place to prevent the spread of the COVID-19 virus, no spirometry test will be done, and a determination can be made without this test.

Periodic Examination: a medical examination based on age and employment status of an incumbent or returning hire into an occupational field already covered by a baseline examination. This examination determines if an employee’s

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Periodic Exam Requirements:

• General Medical and Occupational History Review; Noise Exposure History

• General Physical Examination; General Appearance and Vital Signs

• Vision Screening (Corrected and Uncorrected, each eye separately and both together; near and far visual acuity;

color vision, peripheral vision; depth perception)

• Audiogram (500, 1K, 2K, 3K, 4K, 6K, 8K Hertz in both ears

• Electrocardiogram, resting, age 40 and above

• Pulmonary Function Test/Spirometry

• Lab Panel:

o Complete Blood Count (CBC) o Chemistry panel, including liver function tests and lipid profile o Urinalysis o Lead (Firearms Instructor Clearance only) o Zinc Protoporphyrin (ZPP) (Firearms Instructor Clearance only)

• Chest X-Ray (PA & Lateral (Scuba Divers only)

• Standards review and summary statement

Periodic Exam without Spirometry:

Same as Periodic Exam requirements above, except no spirometry test. Due to public contact restrictions recently enacted to prevent the spread of the COVID-19 virus, no spirometry test will be done, and a determination can be made without this test.

Exit Examination: the examination an employee receives upon departure of their NPS career from an arduous duty position covered under the NPS Medical Standards Program. The exit examination form to be used by the Contractor will be approved by the NPS. The Exit Examination has the same requirements as the Baseline Examination

Respirator Clearance: the evaluation of the OHSA respirator questionnaire and completed by the examinee, and the clearance form.

Respirator Clearance Requirements:

• Up to date, Cleared Periodic Examination

• Evaluation of Respirator Questionnaire & Clearance Form

Firearms Instructor Clearance Exam: the additional bi-annual examination requirements for law enforcement firearms instructors.

Firearms Instructor Clearance Exam Requirements:

Once every three years:

• Up to date, Cleared Periodic Examination Bi-Annual requirements:

• Audiometery 500, 1K, 2K, 3K, 4K, 6K, 8K Hertz in both ears

• Lab panel:

• Lead

• Zinc Protoporphyrin (ZPP)

Wildland Fire Clearance: the additional qualification to fulfill Wildland Firefighters medical requirements under the Federal Interagency Wildland Firefighter Medical Qualification Standards Program.

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Wildland Fire Clearance Requirements: as outlined in the Federal Interagency Wildland Firefighter Medical Qualification Standards Program, https://www.nifc.gov/medical_standards/

Fitness for Duty Evaluation: the evaluation requested by a park unit when an arduous duty employee appears to be unable to fulfill the arduous duty job requirements.

Return to Duty Evaluation: the evaluation requested after an arduous duty employee has been involved in a specific incident/accident and is attempting to return to work.

Fitness for Duty/Return to Duty Evaluation Requirement(s):

• MRO review & opinion of medical information, dependent on situation

No-Show Exam: a scheduled examination not attended by the applicant or employee, without prior cancellation of the appointment within an allotted time frame. The contractor is eligible for reimbursement for no-show exams.

Non-Exam Paper Review: option available and subject to approval by MSPM due to public contact restrictions recently enacted to prevent the spread of the COVID-19 virus.

1) Qualified examinees due or scheduled for baseline (or periodic) exams in 2020 may instead complete the medical history questionnaire without an exam through “date to be determined”. The 36-month exam periodicity is waived from during this time period, from 05/15/2020 until otherwise notified.

2) Medical determinations during this period will be documented with “Meets NPS’s temporarily revised standards dated 5/15/2020.”

Specialist Consultation: Consultation done by a specialist (i.e. Hearing, Psych, Vision, etc.)

PART B – COMMERCIAL CONTRACT CLAUSES

As indicated in Block 27a of the SF1449, FAR Clause 52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018) applies to this solicitation and is incorporated by reference.

Addenda to 52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018)

Addendum 1.0: Additional Clauses Incorporated by Reference

52.225-2 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/these address: http://www.acquisition.gov https://www.nifc.gov/medical_standards/ http://www.acquisition.gov/

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CLAUSES INCORPORATED BY REFERENCE

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements

JAN 2017

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Maintenance JUL 2019 52.204-21 Basic Safeguarding of Covered Contractor Information Systems JUN 2016 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013

Addendum 2.0 Additional Clauses Incorporated by Full Text

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 from the current completion date.

(End of clause)

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 before the contract expires; 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 five years.

(End of clause)

52.222-99 COMBATING RACE AND SEX STEREOTYPING. [(DEVIATION 20-09)] (NOV 2020)

(a) Definitions. As used in this clause-

“Race or sex scapegoating” means assigning fault, blame, or bias to a race or sex, or to members of a race or sex because of their race or sex.

“Race or sex stereotyping” means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of his or her race or sex.

(b) Exemptions. The exemption that apply to Executive Order (E.O.) 11246 (see FAR 22.807) also apply to E.O. 13950 and the requirements of this clause.

(c) Compliance with E.O. 13950, Combating Race and Sex Stereotyping. Unless exempted under paragraph

(b) of this clause, the Contractor shall not use any workplace training that inculcates in its employees any form of race or sex stereotyping or any form of race of sex scapegoating, including the concepts that-

(1) One race or sex is inherently superior to another race or sex;

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(2) An individual, by virtue of his or her race or sex, is inherently racist, exist, or oppressive, whether consciously or unconsciously;

(3) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex;

(4) Members of one race or sex cannot and should not attempt to treat others without respect to race or sex;

(5) An individual’s moral character is necessarily determined by his or her race or sex;

(6) An individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;

(7) Any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or

(8) Meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race.

(d) Notice. The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice provided below advising the labor union or workers’ representative of the Contractor’s commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.

NOTICE

E.O. 13950, Combating Race and Sex Stereotyping

Employers Holding Federal Contracts or Subcontracts

Contractors shall not use any workplace training that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating, including the following concepts that-

(1) One race or sex is inherently superior to another race or sex

(2) An individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;

(3) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex;

(4) Members of one race or sex cannot and should not attempt to treat others without respect to race or sex;

(5) An individual’s moral character is necessarily determined by his or her race or sex;

(6) An individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;

(7) Any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or

(8) Meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race.

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For use in this notice-

“Race or sex scapegoating” means assigning fault, blame, or bias to a race or sex, or to members of a race or sex because of their race or sex; and

“Race or sex stereotyping” means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of his or her race or sex.

Any person who believes a contractor has violated its nondiscrimination or affirmative action obligations under this notice should immediately contact the Office of Federal Contract Compliance Programs (OFCCP) Compliance Hotline to Combat Race and Sex Stereotyping at 202-343-2008 or email at OFCCPComplaintHotline@dol.gov.

(End of Notice)

(e) Noncompliance. In the event it is determined that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may ne canceled, terminated, or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in E.O. 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in E.O. 11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law.

(f) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (f), in all subcontracts that exceed $10,000 and are not exempted by the rules, regulations, or orders of the Secretary of Labor issued under E.O. 11246, as amended, so that these terms and conditions will be binding upon each subcontractor.

(2) The Contractor shall take such action with respect to any subcontract as the Director of OFCCP may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance, provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor as a result of such direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

(End of clause)

Addendum 3.0 Department of the Interior Local Clauses

1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting

Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

mailto:OFCCPComplaintHotline@dol.gov

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(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum.

The Contractor need not proceed with direction that it considers to have been issued without proper authority.

The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

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. The IPP website address is: https://www.ipp.gov.

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

An invoice in accordance with the clause at FAR 52.212-4(g) Invoice, containing the elements identified at (1) (i) through (x).

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) within 3 - 5 business days of the contract award date.

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Document Title Occupational Medical Examination Program –

Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (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 Template)

NOTICE TO CONTRACTORS - CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

(DEC 2015)

FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.

Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.

All information provided should be reviewed for accuracy prior to submission.

If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.cpars.gov/ https://www.cpars.csd.disa.mil/ https://www.cpars.gov/

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Document Title Occupational Medical Examination Program –

The following guidelines apply concerning your use of the past performance evaluation:

Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.

Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

(End of Notice)

FAR CLAUSE 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders – Commercial Items (NOV 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 2020) (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.] https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_203-19 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id189A70O0P1N https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_531032845…