15-233-SOL-00286_Nationwide_Cardiac_Testing_Services.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

DAM

Rockville MD 20857 12501 Ardennes Avenue Twinbrook Place, Suite 400

DHHS/PSC/AMS/DAM

FOH-001 CODE 16. ADMINISTERED BYCODE

X

X

621111

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORDAM

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

10/01/2015 1700 ET

09/14/2015

301-443-5542Saundra Kpadeh (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

15-233-SOL-00286

5. SOLICITATION NUMBER

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

1 73 PSC148298OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Atlanta GA 30303 Ste 3R10 100 Alabama St, SW FOHAOAtlantaD4H

15. DELIVER TO

Rockville MD 20857 12501 Ardennes Avenue Twinbrook Place, Suite 400

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$11.0

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)

DHHS/PSC/AMS/DAM

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

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UNIT PRICE

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UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Title: Nationwide Cardiac Testing Services

Contract Type: Firm-Fixed Price

Anticipated Contract Term: Sixty months (60) including 12 month base period with four (4) 12 month option periods

Questions in reference to this requirement must be submitted in accordance with the instructions found under Section L of this RFP. All questions must be submitted via e-mail to Saundra.Kpadeh@psc.hhs.gov no later than 5:00pm EDT on September 17, 2015.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

JOSEPH J. E. PIRRONE

. 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. ADDEND

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

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AMOUNT

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UNIT

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20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

1 Base Period: Cardiac Testing Services Support

2 Option Period 1: Cardiac Testing Services Support

(Option Line Item)

3 Option Period 2: Cardiac Testing Services Support

(Option Line Item)

4 Option Period 3: Cardiac Testing Services Support

(Option Line Item)

5 Option Period 4: Cardiac Testing Services Support

(Option Line Item)

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

73 2 of

RFP No. #15-233-SOL-00286 Nationwide Cardiac Testing Services

SECTION B - SUPPLIES OR SERVICES/PRICES

B.1 TERMS AND CONDITIONS

In accordance with Federal Acquisition Regulation (FAR) 16.504 Indefinite-quantity Contracts, (enter Contactor’s name) agrees to the following terms of an Indefinite Delivery – Indefinite Quantity (IDIQ) contract with the Department of Health and Human Services (HHS), in support of the Federal Occupational Health (FOH).

B.2 TYPE OF CONTRACT

The Government anticipates a single-award Firm Fixed-Price (FFP) IDIQ contract that will be used to provide services to HHS. In order to establish a price for each Task Order, a Request for Task Order Proposal (RFTOP) will be issued for each Task Order in accordance with the process in Section G. Individual Task Orders shall be awarded on a FFP basis. The Contractor shall identify all applicable costs upon which the proposed price is based. The Contractor shall submit sufficient documentation to support the price proposed. The Government will pay the Contractor, upon submission of a proper invoice, the prices stipulated in the Task Order for service rendered and accepted. Payment schedule will be indicated in individual Task Orders. The Contractor is invited to submit an alternate payment schedule with its quote, as deemed necessary.

B.3 TASK ORDER LIMITATION

Order Limitation: No individual order placed shall be placed against this contract without prior approval from the Contracting Officer (CO).

B.4 IDIQ MINIMUM GUARANTEE AND CEILING

The minimum guarantee for this IDIQ contract is $25,000.00 for the life of the contract. The contract ceiling amount is $6.5 Million in aggregate for all Task Orders issued over the five year period of performance, and it is not a guarantee.

B.5 OTHER DIRECT COSTS (ODCs)

Materials and Supplies

(a) Materials and Supplies procured on behalf of the Government under this contract will generally be exempt from State and local taxes. The Contracting Officer will provide a completed Standard Form 1094, U.S. Tax Exemption Certificate where appropriate (see FAR Part 29).

(b) If in the Government's interest, the Contracting Officer may issue a letter(s) to the Contractor authorizing the Contractor to utilize Government sources of supply (e.g., General Services Administration supply schedules, see FAR Part 8) for supplies and services procured on behalf of the Government under this contract (see FAR Part 51) for the authorization procedures.

SECTION C - DESCRIPTION/SPECIFICATIONS

C.1 OBJECTIVE

The objective of this Indefinite Delivery Indefinite Quantity (IDIQ) is to provide U.S.

Department of Health and Human Services (HHS), Program Support Center (PSC), Federal Occupational Health Service (FOH) with cardiac testing services support in multiple locations throughout the United States. Cardiac testing services support will include the scheduling of cardiovascular examinations for federal employees, assurance that the quality of the examinations and reporting of findings meet FOH requirements, provision of accurate and complete reports to the respective location(s) while maintaining confidentiality, and the orientation and training of service providers on the FOH requirements of the cardiac testing services. This IDIQ will provide support to agencies nationwide including the Federal Bureau of Investigation (FBI) supporting cardio services for approximately 300 FOH facilities located in 49 contiguous United States to include Alaska and Puerto Rico however, not all Occupational Health Clinics (OHCs) will use this contract.

This IDIQ will provide FOH with a clinical referral source for use as the mandatory first option to fulfill the majority of the FOH’s cardiovascular services scheduled from the FOH OHC. For the purposes of this IDIQ, all testing and services shall meet the American College of Cardiology (ACC) and the American Heart Association (AHA) guidelines as well as the Joint Commission (TJC) standards for ambulatory care. Although non-inclusive, additional regulations may be added during the life of this contract such as Occupational Safety and Health Administration (OSHA) 29 CFR.1910.141 Cleanliness of Health Care Facilities, Occupational Safety and Health Administration (OSHA) 29 CFR.1910.1030 Blood-borne Pathogens, American National Standards Association (ANSI) Prevention and Calibration of Medical Equipment, Health Insurance Portability and Accountability Act (HIPPA), National Committee for Quality Assurance (NCQA) Wellness and Health Promotion and the Privacy Act.

C.2 BACKGROUND

FOH is a non-appropriated agency within the PSC of the HHS. FOH works in partnership with federal organizations nationally and internationally to design and deliver comprehensive occupational health solutions exclusively to federal employees.

FOH’s mission is to improve the health, safety, and productivity of federal employees.

FOH is the largest provider of occupational health services in the federal government, serving more than 360 federal agencies and reaching 1.8 million federal employees. Created in 1946 by an amendment to the Public Health Service Act (42 U.S.C.), FOH has more than 67 years of experience providing services exclusively to Federal agencies.

In 1984, FOH became fully reimbursable, operating free of congressional appropriations. This means that FOH operates like a business within the government and charges government agencies for the services it provides them.

Clinical services, including emergency response; physical exams; immunizations; vision and health screenings; and health risk appraisals are available at FOH’s more than 300 Health and

Wellness Centers located in federal buildings throughout the United States and through a large network of more than 15,000 private-provider physicians and nurses.

FOH provides Wellness/Fitness services to federal agencies nationwide. FOH Wellness/Fitness services provide numerous benefits that improve organizational effectiveness such as reduced absenteeism and healthcare costs; greater job satisfaction; and improved morale.

FOH’s EAP services are provided by staff counselors located in 75 counseling offices in federal buildings as well as through a vast network of affiliate counselors in approximately 17,000 locations across the country and overseas.

FOH’s Environmental Health and Safety program helps agencies identify and resolve environmental health issues by addressing them early through assessments, abatement programs, and on-going monitoring, as well as specialized training for employees and managers.

C.3 SCOPE

FOH provides Cardiac Testing services to federal agencies (including the FBI) in multiple locations across the US. The Contractor will locate cardiac testing facilities that meet the FOH requirements, schedule the cardiovascular examinations, assure the quality of the examinations and reporting of findings, provide accurate and complete reports of clinical findings which contain all required information, and provide the reports to the respective location(s) while maintaining confidentiality. The Contractor shall train providers regarding the cardiac testing services and ensure that there is an adequacy of testing and accuracy of services. Results of all requested cardiac testing services shall be reviewed and validated (signed off) by a Board Certified Cardiologist within the required timeframe. The Contractor will only be reimbursed for those services specifically listed in the contract and only if it has the cardiologist signature.

1. The Contractor shall provide the following cardiac testing services to FOH and federal agency clients (patients):

a. Cardiovascular Stress Test, Maximum (EST): Bruce or Balke Protocol: The test must be performed by a board certified cardiologist or a licensed physician who holds a current Advanced Cardiac Life Support (ACLS) certification and possesses training, experience, and competency in cardiac stress testing. Test results must be interpreted and signed off by a board-certified cardiologist. Full EKG tracings must be included with the report.

b. Non-Stress Echocardiogram: Sonogram of the heart. Test will be interpreted by a board certified cardiologist.

c. Exercise Treadmill ECG with Nuclear Imaging: Test will include exercise stress test with Cardiolyte, thallium or other approved radioisotope imaging. Tests shall be performed by a board certified cardiologist. The nuclear stress test images and full EKG tracings must be included with the report.

d. Cardiac Stress Test - Treadmill Echo (aka Stress Echocardiogram): Test will include exercise stress test with echocardiogram test before and after exercise. Test and interpretation of all stress echo test results shall be performed by a board certified cardiologist. Full EKG tracings must be included with the report.

e. Missed Appointment: A missed appointment fee can be charged for failure of the Federal employee to cancel any cardiac test appointment within twenty-four (24) hours.

The Contractor shall notify the FOH point of contact (POC) within 24 to 48 hours of the missed appointment.

f. Abnormal Stress Tests: Equivocal or Non-Emergent - Contractor shall IMMEDIATELY notify the Federal Occupational Health Clinical Service Manager or COR Designee. In addition, written interpretation and EKG tracings MUST BE forwarded to the Federal Occupational Health Clinical Service Manager/Service Delivery Lead Assistant within 24 hours of the abnormal test.

2. The Contractor shall not require use of personable identifying information, such as Social Security number and/or date of birth, or home address to schedule appointments. The Contractor shall not photocopy, or in any way retain, any identification documents belonging to FBI personnel, including, but not limited to FBI documents, or personal driver’s licenses.

3. The Contractors shall provide a same sex observer, if requested, by any Federal employee receiving cardiac testing services from the Contractor.

4. The Contractor shall schedule the cardiac testing services within two (2) business days of FOH referral date. The Contractor shall perform a quality inspection of the test results report to ensure all required criteria are included and send a complete and accurate report to the FOH OHC Nurse Coordinator or designee via U.S. Mail, Courier, Secure Facsimile, UPS, or other approved method within five (5) days of scheduled exam date. The contractor shall be responsible for clerical costs for necessary printing, copying, faxing, and collating of any documents related to this contract.

5. Maintaining the security of documents associated with FBI clients (patients): The Contractor shall maintain all medical documents related to FBI personnel receiving services under this contract on paper and maintain them in a secure, locked filing cabinet (i.e., desk with locking drawer, locking file cabinet, GSA-approved security container or equivalent) or locked room, separate from other medical files and with access restricted to individuals with a need to know in accordance with federal medical confidentiality laws. Electronic Medical Records are prohibited. At all times, medical records under this contract remain the property of FOH and the Contractor is prohibited from independently publicizing or disseminating any information without the prior written approval from the CO. Additionally:

a. Controls shall be implemented and maintained to prevent the information from physically or electronically leaving the Contractor’s approved space, or becoming known to persons without a need-to-know or an unexecuted non-disclosure agreement (NDA).

b. Buildings, or individual offices, where information is processed must have entrance doors that lock and that show evidence of unauthorized entry.

c. At the end of the contract, Contractor shall destroy or delete any individually identifiable cardiac test information from all information systems using approved methods. The Contractor shall maintain in his/her possession only sufficient information regarding cardiac test(s) to allow for payment or proper conduct of business.

6. Maintaining the security of documents associated with clients (patients) other than FBI personnel: The Contractor shall maintain all medical documents related to non-FBI personnel receiving services under this contract either on paper or electronically. Paper documents shall be maintained in a secure, locked filing cabinet (i.e., desk with locking drawer, locking file cabinet, GSA-approved security container or equivalent) or locked room, separate from other medical files and with access restricted to individuals with a need to know in accordance with federal medical confidentiality laws. Electronic files shall be password protected to ensure controlled access by only those authorized to view the documents. At all times, medical records under this contract remain the property of FOH and the Contractor is prohibited from independently publicizing or disseminating any information without the prior written approval from the CO.

Additionally:

a. Controls shall be implemented and maintained to prevent the information from physically or electronically leaving the Contractor’s approved space, or becoming known to persons without a need-to-know or an unexecuted non-disclosure agreement (NDA).

b. Buildings, or individual offices, where information is processed must have entrance doors that lock and that show evidence of unauthorized entry.

c. At the end of the contract, Contractor shall destroy or delete any individually identifiable cardiac test information from all information systems using approved methods. The Contractor shall maintain in his/her possession only sufficient information regarding cardiac test(s) to allow for payment or proper conduct of business.

The Contractor shall ensure that all employees, physicians, and the clinic staff that generate, access, or handle documents containing health or personal information of federal agency clients (patients):

a. Follow HIPAA http://www.hhs.gov/ocr/privacy/ and medical confidentiality of all records and services to FOH clients.

b. For sites providing cardiac testing services to FBI clients (patients), per FBI requirements, clinic personnel who provide services to FBI clients (patients) must undergo an FBI Security Clearance which includes: a complete background security investigation, completion of the required security processes, completion of the required forms, scheduling of finger printing, and provision of the required documentation within thirty (30) calendar days of contract award date. FBI security staff will visit each clinic location to finalize the clearance process. To ensure adequate numbers of staff with the required security clearances are available, at least two (2) board certified cardiologists and two (2) administrative staff personnel shall be cleared at each site that provides cardiac testing services for FBI clients. Only persons authorized and cleared by the FBI shall perform services under this contract for the FBI clients and have access to any FBI medical information.

NOTE: Not all sites will provide cardiac testing services for FBI clients. For sites that provide cardiac testing services for both FBI and other federal clients, staff who have not undergone the FBI Clearance may perform services for non-FBI clients.

c. Ensure that the Federal agency client (patient) provides the completed Health Services Referral Ticket form (FOH 74) during his/her scheduled cardiac test(s) appointment.

7. The Contractor shall ensure that the service locations are within a twenty-five (25) mile radius of each referring FOH OHC. When service locations cannot be found with a twenty-five mile radius, the Contractor will seek approval from the COR to utilize a site that does not meet the twenty-five (25) mile requirement. When possible, it is preferred that service locations are convenient to public transportation (metro/train stations or bus stops) where applicable. It is preferred that the Contractor provide all required services at one location when possible to reduce the amount of time a Federal employee must spend to have all cardiac test(s) completed.

8. The Contractor and all parent companies, subsidiaries and subcontractors shall maintain strict confidentiality of information that is provided by the Government during the performance of the contract. Information provided to and received from the Contractor is considered the government’s property. The Contractor shall not use such information for any private purpose unless the information has been released or otherwise made available to the public. The Contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (5 U.S.C. 522a), or other confidential or privileged technical, business, or financial information under this contract, it shall treat such information in accordance with any restrictions imposed on such information. Unauthorized disclosure of government information, to include information maintained on any billing system, may constitute a security incident; this includes the loss of computer hardware whether encrypted or not. The Contractor shall notify the COR of any unauthorized disclosures, in writing, within twenty four (24) hours and in the event of a privacy breach verbally within two (2) hours of discovery.

9. The Contractor shall ensure, that at a minimum, all employees performing under this contract have current and active state or commonwealth licenses (without restrictions), in their profession, registration, and any required certifications to practice in the State where the services are provided.

10. The contractor shall participate in a kick-off conference call with the CO, COR and other Government personnel to thoroughly review the requirements of the contract document, contract administration procedures, and invoicing requirements. The Contractor’s representatives attending the conference shall include a company representative authorized to bind the company and the Contractor’s Program Manager (PM), who is responsible for overall contract administration. The conference may be held by telephone or at the location designated by the

CO.

Overall Estimated level of effort for the base year is listed below. See city list for known and potential cities

Description CPT Code Quantity Exercise Stress Test – Bruce or Balke Protocol 93105 1500 Cardiac Stress Test – Thallium/Cardiolyte 78464 7 Treadmill Echo aka Stress Echocardiogram 93351 40 Non-Stress Test Echocardiogram 93000 40 Missed Appointments 99199 25

C.4 TRAVEL

Travel is not anticipated, but is required if necessary based on casework, training, or other identified need. The vendor will coordinate all contractor travel and bill the Government via the task order once expenses are incurred. All travel will be expressly approved by the COR prior to commencement date of travel.

C.5 PROVIDER LOCATIONS

A list of locations (cities) with projected annual quantity of work is provided on the Pricing Proposal Form (See attachment C).

SECTION D - PACKAGING AND MARKING

All information and deliverables shall be delivered to the address shown in Section G.3, entitled Contracting Officer’s Representative (COR) and shall be marked as follows:

1. Name and address of the Contractor;

2. Contract Number;

3. Description of item contained therein; and

4. Consignee's name and address.

SECTION E - INSPECTION AND ACCEPTANCE

Pursuant to the appropriate inspection clause as provided below, all work described in the Statement of Work to be delivered under this contract is subject to final inspection and acceptance by an authorized representative of the Government. The authorized representative of the Government is the Government's COR, who is responsible for inspection and acceptance of all services, materials, or supplies to be provided by the Contractor.

SECTION F - DELIVERIES OR PERFORMANCE

F.1 PLACE OF PERFORMANCE

This contract requires performance at the Contractor's site(s) throughout the United States, and in limited cases, outside of the United States. The specific locations for performance of any given Task Order will be specified in the order. The Contractor shall provide its own facilities for program management.

F.2 PERIOD OF PERFORMANCE

The estimated period of performance is base period of 12 months with four (4) 12 month option periods. The Government may exercise options to extend the period of performance in accordance with 52.217-9 – Option to Extend the Term of the Contract.

Base Period: October 15, 2015 through October 14, 2016

Option Year 1: October 15, 2016 through October 14, 2017

Option Year 2: October 15, 2017 through October 14, 2018

Option Year 3: October 15, 2018 through October 14, 2019

Option Year 4: October 15, 2019 through October 14, 2020

F.3 AUTHORIZED IDIQ CONTRACT USERS

Contracting Officer’s working for the HHS PSC are the only officials authorized to place orders under this contract exclusively on behalf of FOH.

F.4 REPORT(S)/DELIVERABLES AND DELIVERY SCHEDULE

The contractor shall submit all required report(s)/deliverables in accordance with the following schedule:

All reports shall reference and cite the order number. The COR shall provide final inspection and acceptance of all delivered work. Any deliverable shall not be considered final until approved. Any feedback provided by the COR after initial submission shall be incorporated by the Contractor in three business days followed by re-submission.

Deliverable Number

Deliverable Due Date

1. Post Award Conference Call Scheduling process

Process for the National Agency Security (NAS) clearance

Required timeframes to schedule and send results

Cardiologist signed results

Monthly summary report

Invoice requirements

Required FOH forms

Within 2 business days of award

2. Weekly Status Meeting Initial within 5 business days of award, weekly thereafter

3. Weekly Status Report At minimum one (1) business day prior to weekly status meeting

4. Cardiac Testing Services Date of requested cardiac test(s) shall occur within two (2) business days of the FOH request.

5. Monthly Summary Report Initial within 30 business days of award, monthly thereafter

6. Required FOH forms (See Attachment F)

The FOH OHC will provide the client (patient) with FOH Form 74 to be presented at the time of cardiac testing services. Other forms will be those for the background checks and finger prints: FD 484, FD 816 and FD857.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER

The PSC Contracting Officer is the only individual authorized to modify this contract. The Contracting Officer responsible for administrative and contractual issues concerning this contract is:

Joseph Pirrone HHS/Program Support Center Division of Acquisition Management Ardennes Building, Suite 400 12501 Ardennes Avenue Rockville, MD 20857 Phone: (301) 443-9367 Fax: (301) 443-8488 Email: Joseph.Pirrone@psc.hhs.gov

All communications pertaining to contractual and/or administrative matters under the contract shall be sent to the address above and to the attention of:

Joseph Pirrone HHS/Program Support Center Division of Acquisition Management Ardennes Building, Suite 400 12501 Ardennes Avenue Rockville, MD 20857 Phone: (301) 443-9367 Email: Joseph.Pirrone@psc.hhs.gov

G.2 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

(a) Performance of work under this contract must be subject to the technical direction of the Contracting Officer’s Representative (COR) identified above, or a representative designated in writing. The term "technical direction" includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, fills in details and otherwise serves to ensure that Tasks outlined in the work statement are accomplished satisfactorily.

The assigned COR is:

Stephen Lindsey Clinical Health Services Federal Occupational Health HHS/Program Support Center 1301 Young Street, Suite 772 Dallas, TX 75202 Phone: (214) 767-3904 Email: Stephen.Lindsey@foh.hhs.gov

(b) Technical direction must be within the scope of the specification(s)/work statement. The Contracting Officers, Representative does not have authority to issue technical direction that:

(1) Constitutes a change of assignment or additional work outside the specification(s)/statement of work;

(2) Constitutes a change as defined in the clause entitled "Changes";

(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or

(6) Directs, supervises or otherwise controls the actions of the contractor's employees.

(c) Technical direction may be oral or in writing. The Contracting Officer’s Representative (COR) shall confirm oral direction in writing within five work days, with a copy to the Contracting Officer.

(d) The contractor shall proceed promptly with performance resulting from the technical direction issued by the Contracting Officers, Representative. If, in the opinion of the contractor, any direction of the Contracting Officers, Representative, or his/her designee, falls within the limitations in (b), above, the contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.

(e) Failure of the contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled "Disputes."

G.3 TASK ORDER PLACEMENT AND ORDERING

This Agreement will be administered by issuing Task Orders to the Contractor for the performance of work. The following ordering procedures shall apply to all Task Orders issued under this contract. Any supplies and/or services to be furnished under this contract will be ordered by issuance of a written RFTOP. Task Orders shall be issued after evaluation of the quote in response to the RFTOP in accordance with FAR provisions and as described below.

Only an authorized Government Contracting Officer can issue a Task Order under this contract.

No work will be performed and no payment will be made except as authorized by a signed Task Order. All Task Orders are subject to the terms and conditions of the contract. In the event of conflict between a Task Order and the contract, the contract will take precedence.

The Contracting Officer will authorize, sign, and issue individually priced Task Orders for services at the fixed rates in accordance with the resultant contract. The Task Order process described below represents the Government’s approach to issuing a Task Order:

1. A standardized RFTOP shall be issued to facilitate the Task Order process.

2. The Contracting Officer will provide a RFTOP to the Contractor. Each RFTOP will generally include:

The type of Task Order (FFP);

A Statement of Work;

The desired delivery schedule and/or required completion date(s), milestones, reporting requirement and list of deliverables as applicable;

Proposed terms and conditions;

The date and time by which the response is due; and

Any special instructions, conditions, notices, deliverables, performance measures, etc. applicable to the Task Order.

3. Contractor shall prepare a response within five business days of the request unless otherwise stated in the individual Task Order. RFTOPs will generally be made via email using an email address furnished by the Contractor.

4. The Contractor’s response shall include a Technical and/or Management approach as applicable and a proposed price.

5. The Government will evaluate the Contractor’s proposal and determine whether or not to award a Task Order in accordance with the RFTOP. The basis for award of any Task Order will be determined by lowest price technically acceptable. If deemed necessary by the Government, the Contracting Officer will enter into oral and/or written communications with the Contractor in order to resolve any clarifications and/or deficiencies.

The Contractor shall submit separate invoices for each Task Order and include the IDIQ contract number as well as the Task Order number.

G.4 OBLIGATION OF FUNDS

This IDIQ contract does not obligate any funds. Funds are obligated when an authorized Task Order is placed with the Contractor in conjunction with this IDIQ contract. The Contractor is obligated to perform the required services only to the extent of the obligation of the issued Task Order that is actually placed.

G.5 INVOICE SUBMISSION

Invoicing instructions will be identified in individual Task Orders.

The Contractor shall submit invoices once per month. A complete invoice with all required back-up documentation shall be sent electronically, via email, to:

1. Contract Specialist via Division of Administrative Management (DAM) mailbox:

pscsas.invoices@psc.hhs.gov.*

2. Contracting Officer’s Representative (COR): Stephen Lindsey____

3. Financial Management Service (FMS): psc_invoices@psc.hhs.gov.*

* No other non-invoice related documents (i.e. deliverables, reports, balance statements) shall be sent to the DAM and FMS mailboxes. Invoices Only.

The subject line of your email invoice submission shall contain the contract number, contract line item number, the order number, if applicable, and the number of invoices. The Contractor shall send one email per contract per month. The email may have multiple invoices for the contract. Invoices must be in the following formats: PDF, TIFF, or Word. No Excel formats will be accepted. The electronic file cannot contain multiple invoices; example, 10 invoices requires 10 separate files (PDF or TIFF or Word).

Invoices shall be submitted in accordance with the contract terms, i.e. payment schedule, progress payments, partial payments, deliverables, etc.

All inquiries concerning contract payment shall be directed to the COR.

In accordance with FAR 52.212-4, Contract Terms and Conditions—Commercial Items, a proper invoice must include the following items:

FAR 52.212-4(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer -System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer— Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

Additionally, the FMS requires the contractor to include its Dun & Bradstreet Number (DUNS) on each invoice.

In accordance with OMB Memorandum, M-11-32, Agencies shall make payments to small businesses as soon as practicable, with the goal of making payments within 15 days of receipt of a proper invoice. If a small business contractor is not paid within this (15 day) accelerated period, the contractor will not be given a late-payment interest penalty. Interest penalties, as prescribed by the Prompt Payment Act, remain unchanged by means of this memorandum. All small businesses shall label all invoices as “Small Business.”

Additionally, in accordance with OMB Memorandum, M-12-16, all prime contractors are encouraged to disburse funds received from the Federal Government to their small business subcontractors in a prompt manner. To assist prime contractors in expediting contractor payments to small business subcontractors, Agencies shall, to the full extent permitted by law, temporarily establish an earlier, accelerated date for making agency payments to all prime contractors. Consistent with OMB Memorandum M-11-32 above, Agencies shall have a goal of paying all prime contractors within 15 days of receiving proper documentation. In an effort to support small business growth, drive economic activity and job creation, the Contractor is encouraged to accelerate payments to their small business subcontractors.

In accordance with the requirements of the Debt Collection Improvement Act of 1996, all payments under this order will be made by electronic funds transfer (EFT). The Contractor shall provide financial institution information to the Finance Office designated above in accordance with FAR 52.232-33 Payment by Electronic Funds Transfer – System for Award Management.

G.6 CONTRACTOR PERFORMANCE ASSESSMENT REPORT

During the life of this contract, Contractor performance will be evaluated on an interim and final basis pursuant to FAR Subpart 42.15. The Contractor Performance Assessment Reporting System (CPARS) will be utilized for these reviews. Information on CPARS can be located at http://www.cpars.gov.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 HHSAR 352.242-70 KEY PERSONNEL (January 2006)

The Key Personnel specified in this contract are considered to be essential to work performance.

At least 30 days prior to diverting any of the specified individuals to other programs or contracts (or as soon as possible, if an individual must be replaced, for example, as a result of leaving the employ of the Contractor), the Contractor shall notify the Contracting Officer and shall submit comprehensive justification for the diversion or replacement request (including proposed substitutions for key personnel) to permit evaluation by the Government of the impact on performance under this contract. The Contractor shall not divert or otherwise replace any key personnel without the written consent of the Contracting Officer. The Government may modify the contract to add or delete key personnel at the request of the contractor or Government.

Key Personnel: Project Director

Others: To Be Determined at the Task Order Level

H.2 HANDLING OF DATA

The Contractor agrees to the extent that it receives or is given access to data necessary for the performance of any Task which contains restrictive markings, the Contractor shall treat the data in accordance with such markings unless otherwise authorized in writing by the Contracting Officer.

H.3 RESTRICTIONS ON CONTRACTOR ACCESS TO GOVERNMENT OR THIRD

PARTY INFORMATION

The purpose of this clause is to set forth the restrictions that will govern Contractor employees’ access to Government or third party information in order to protect the information from unauthorized use or disclosure.

A. Under this contract, the Contractor will have access to Contractor proprietary information and other nonpublic information.

B. Restrictions on use and disclosure of information.

(1) With regard to any information to which the Contractor is given access in performance of this contract, whether the information comes from the Government or from third parties, the Contractor shall:

(i) Utilize the information only for the purposes of performing the services specified in this contract, and not for any other purposes;

(ii) Safeguard information from unauthorized use and disclosure;

(iii) Allow access to the information only to those employees who need it to perform services under this contract;

(iv) Preclude access and disclosure of information to persons and entities outside of the Contractor's organization that do not have authority to access the information;

(v) Inform employees, who may require access to information, about their obligations to utilize it only to perform the services specified in this contract and to safeguard that information from unauthorized use and disclosure; and

(vi) Ensure each employee complies with the restrictions set forth in (i), (ii), (iii), and (iv) above.

(2) Unless specifically permitted in writing by the Contracting Officer, the Contractor shall not use information acquired in performance of the contract, or generated by or for the Government to:

(i) Compete for work for the Government; or

(ii) Submit an unsolicited proposal to the Government.

(3) If the Contractor is exposed to information that is marked in a way that indicates the Contractor should not receive this information, the Contractor shall:

(i) Notify the Contracting Officer; and

(ii) Use the information only in accordance with the instructions of the Contracting Officer.

C. Breach of any of the conditions of this modification may provide grounds for the Government to:

(i) Require the contractor to remove the contract employee or employees from the performance of the contract;

(ii) Require the contractor to terminate the subcontractor;

(iii) Suspend contractor payments;

(iv) Terminate this contract for default or cause;

(v) Suspend or debar the Contractor for serious misconduct affecting present responsibility; and;

(vi) Pursue such other remedies as may be permitted by law, regulation, or this contract.

D. Unauthorized disclosure or other misuse of information protected by the Privacy Act of 1974 may result in a fine up to $5000 and /or other penalties. In addition, unauthorized disclosure or other misuse of information covered under the Federal Trade Secrets Act (18 USC 1905) may result in a fine, or imprisonment up to 1 year, or both.

E. The Contractor shall flow down this clause to subcontractors at all tiers.

Information made available to the contractor by the Government for the performance or administration of this effort shall be used only for those purposes and shall not be used in any other way without the written agreement of the Contracting Officer.

The contractor agrees to assume responsibility for protecting the confidentiality of Government records, which are not public information. Each contractor or employee of the contractor to whom information may be made available or disclosed shall be notified in writing by the contractor that such information may be disclosed only for a purpose and to the extent authorized herein.

The contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as required in the performance of this effort. Nothing herein shall preclude the use of any data independently acquired by the contractor without such limitations or prohibit an agreement at no cost to the Government between the contractor and the data owner which provides for greater rights to the contractor.

The Contractor agrees not to release or disclose, verbally or in writing, information pertaining to the results or findings of work (including data collection, analyses, draft or final papers and reports) for the period of this contract without first notifying the COR in writing at least 21 days prior to the release or disclosure. At a minimum, the notification shall include: (1) who or what is generating the request for advance information; (2) when and how project results/information would be released; and (3) what information would be released.

H.4 RESTRICTIONS ON DISCLOSURE OF INFORMATION

Information made available to the contractor by the Government for the performance or administration of this effort shall be used only for those purposes and shall not be used in any other way without the written agreement of the Contracting Officer.

The contractor agrees to assume responsibility for protecting the confidentiality of Government records, which are not public information. Each contractor or employee of the contractor to whom information may be made available or disclosed shall be notified in writing by the contractor that such information may be disclosed only for a purpose and to the extent authorized herein.

The contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as required in the performance of this effort. Nothing herein shall preclude the use of any data independently acquired by the contractor without such limitations or prohibit an agreement at no cost to the Government between the contractor and the data owner which provides for greater rights to the contractor.

The Contractor agrees not to release or disclose, verbally or in writing, information pertaining to the results or findings of work (including data collection, analyses, draft or final papers and reports) for the period of this contract without first notifying the COR in writing at least 21 days prior to the release or disclosure. At a minimum, the notification shall include: (1) who or what is generating the request for advance information; (2) when and how project results/information would be released; and (3) what information would be released.

H.5 LEGAL HOLIDAYS

a) Government personnel observe the following days as holidays:

New Year’s Day January 1 * Martin Luther King’s Birthday Third Monday in January President’s Day Third Monday in February Memorial Day Last Monday in May

Independence Day July 4* Labor Day First Monday in September Columbus Day Second Monday in October

Veterans Day November 11 Thanksgiving Day Fourth Thursday in November

Christmas Day December 25*

* If the date falls on a Saturday, the Government holiday is the preceding Friday. If the date falls on a Sunday, the Government holiday is the following Monday.

(b) In addition to the days designated as holidays, the Government observes the following days:

Any other day designated by Federal Statute Any other day designated by Executive Order Presidential Inauguration Day Any other day designated by the President’s Proclamation

(c) It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement of compensation except as set forth within the contract. In the event the Contractor's personnel work during the holiday, they may be reimbursed by the Contractor, however, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, other than their normal compensation for the time worked. This provision does not preclude reimbursement for authorized overtime work if applicable to this contract.

(d) When the Federal, State, Local or other Governmental entity grants excused absence to its employees, assigned Contractor personnel may also be dismissed. The Contractor agrees to continue to provide sufficient personnel to perform critical tasks already in operation or scheduled, and must be guided by the instructions issued by the CO or COR.

(e) If Government personnel are unavailable due to furlough or any other reason, the Contractor must contact the CO or the COR to receive direction. It is the Government's decision as to whether the contract price/cost will be affected. Generally, the following situations apply:

(1) Contractor personnel who are able to continue contract performance (either on-site or at a site other than their normal workstation), must continue to work and the contract price shall not be reduced or increased.

(2) Contractor personnel who are not able to continue contract performance (e.g., support functions) may be asked to cease their work effort. This may result in a reduction to the contract price.

SECTION I - CONTRACT CLAUSES

I.1 52.212-4 Contract Terms and Conditions -- Commercial Items (Sep 2013) (Fixed Price)

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

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

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727).