RFQ_2014-Q-16241_Morg_Med_Svcs2.pdf

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

PAGE 1 OF

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

2014-Q-16241

6. SOLICITATION

ISSUE DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Diane J Meeder

b. TELEPHONE NUMBER (No collect calls)

(412) 386-4412

8. OFFER DUE DATE/

LOCAL TIME

11/1/2013

3:30pm

9. ISSUED BY CODE 436 10. THIS ACQUISITION IS 12. DISCOUNT TERMS

Centers for Disease Control and Prevention

Procurement and Grants, OAS, Branch IV

PO Box 18070, 626 Cochrans Mill Rd

Pittsburgh, PA 15236-0070

UNRESTRICTED

X SET ASIDE: % FOR

SMALL BUSINESS

SMALL DISADV. BUSINESS

8(A)

SIC: 621111

SIZE STANDARD:

X SEE SCHEDULE

13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

X RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE 436

CODE 18a. PAYMENT WILL BE MADE BY CODE 434

Centers for Disease Control and Prevention (FMO) PO Box 15580 404-718-8100 Atlanta, GA 30333-0080

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Morgantown NIOSH Medical Services”

(Attach Additional Sheets as Necessary)

See

Schedule

See Schedule See Schedule

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

28.

CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET

FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT

TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29.

AWARD OF CONTRACT: REFERENCE OFFER

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (Signature of Contracting Officer)

30b. NAME AND TITLE OF SIGNER (Type or print)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or print)

Diane J. Meeder

31c. DATE SIGNED

32a. QUANTITY IN COLUMN 21 HAS BEEN 33. SHIP NUMBER 34. VOUCHER NUMBER

RECEIVED INSPECTED

PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

32b. SIGNATURE OF AUTHORIZED GOV’T REPRESENTATIVE 32c. DATE COMPLETE PARTIAL FINAL

41a. I CERTIFY THIS AMOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC’D 42d. TOTAL CONTAINERS

40. PAID BY

AUTHORIZED FOR LOCAL REPRODUCTION SEE REVERSE FOR OMB CONTROL NUMBER AND PAPERWORK BURDEN STATEMENT STANDARD FORM 1449 (10-95)

ACCEPTED, AND CONFORMS TO THE

CONTRACT, EXCEPT AS NOTED

35. AMOUNT VERIFIED

CORRECT FOR

17a. CONTRACTOR/

OFFEROR

FACILITY

CODE

IS CHECKED

Page i

TABLE OF CONTENTS

Section Document/Clause/Provision Page No.

A Standard Form 1449 B Continuation of SF1449 (Block 19 – 24) 2 C Contract Clauses 11 D Contract Documents, Exhibits or Attachments 36 E Solicitation Provisions 1

Contract No. 2014-Q-16241

SECTION B - CONTINUATION OF SF1449

SUPPLIES / SERVICES

Morgantown Medical Services.

CONTRACT

LINE ITEM

(CLIN) 1 -

Base

CONTRACT

LINE ITEM

(CLIN) 2 –

Option 1

CONTRACT

LINE ITEM

(CLIN) 3 –

Option 2

CONTRACT

LINE ITEM

(CLIN) 4 –

Option 3

CONTRACT

LINE ITEM

(CLIN) 5 –

Option 4

Pricing for Task Orders issued during the period of:

UNIT PRICE

12/01/13- 11/30/14

UNIT PRICE

12/01/13- 11/30/14

UNIT PRICE

12/01/13- 11/30/14

UNIT PRICE

12/01/13- 11/30/14

UNIT PRICE

12/01/13- 11/30/14

Physical Exam (Attachment 5)

Physical Exam (PHO)

Add ons to Exam:

Urinalysis

Executive Profile (blood work)

Executive Profile with PSA

Chest X-Ray

EKG

Audiogram

Spirometry

Heme Cards

Pap Smear

Vision Test

Stress Test

Eye Exam for Laser Use (Attachment 8)

Other Services

Responder Readiness Medical Clearance (Attachment 1)

Responder Readiness Program Interim Medical Evaluation (Attachment 2)

Post-Deployment Health Assessment (Attachment 3)

Respirator Evaluation Questionnaire (may include spirometry and OSHA questionnaire.) (Attachment 6 and 7)

SCBA Clearance (Attachment 6 and 7)

Animal Allergy Questionnaire (Attachment 9)

Annual AED Program (Attachment 10, 11 and 12)

BeLPT (blood work)

Hearing test for mandatory Hearing Conservation Program (Attachment 13)

Vaccine and Administration

Hepatitis A

Hepatitis A Titer

Hepatitis B

Hepatitis B Titer

Adult DT (Regular)

Adult TDp (Adacel)

Influenza

PPD

Pneumonia

MMR

MMR Titer

Varicella

Varicella Titer

Polio

B-1 Supplies/Services Defined

The contractor shall provide the medical services in the appropriate specialties for the National Institute of

Occupational Safety and Health (NIOSH), Morgantown, West Virginia, in accordance with the Statement of Work, Section B.

B-2 Pricing Schedule

The contractor shall provide a fixed unit price for providing the medical services/tests in the schedule (fully burdened and inclusive of overhead, G&A, profit, etc.) for the periods specified.

B.3 Description/Specification/Work Statement

The services contemplated under this contract/order are considered to be an Other Function as defined by the Office of Federal Procurement Policy in OFPP letter 11-01 and by HHS in Acquisition Policy Memorandum 2012-01.

Title of Project: Medical Services – NIOSH Morgantown

1 Background and Need –

Physicals at the National Institute of Occupational Safety and Health (NIOSH) are provided to the Health Hazard Evaluation Field Team members, Public Health Service Commissioned Officers, Safety Office personnel and Facilities Maintenance personnel. All other employees have the opportunity to participate in the medical monitoring program. Those employees who elect to participate in the program are given physicals based on their age. NIOSH has a requirement for an estimated 135 Physical Examinations (i.e., physicals) per year. Additional add hoc testing, add hoc vaccinations, and supplemental occupational health services as described below are required.

NIOSH has employees that are part of the CDC Emergency Response Team as well as the PHS Commissioned Corps Readiness Team. These teams are involved in incident management activities to include the prevention of, preparedness for, response to, and recovery from terrorism, major natural disasters, and other major emergencies.

Depending on the type and magnitude of the emergency, additional NIOSH employees not currently on the team may be called to respond to an emergency. This would require immediate medical services which would include a responder readiness (general fit for duty) medical clearance (See Attachments 1 – 4) and may also include immunizations and/or respiratory medical clearance. It is essential that the contractor administering the medical surveillance program for the NIOSH-Morgantown facility be located nearby to the facility (within approximately 20 miles) or be able to provide services in that vicinity within eight (8) hours of request for services.

2 Project Objective – The following objectives are established for the contractor to provide the minimum services:

- Employee physicals

- Testing

- Medical monitoring and surveillance

- Monitored care when appropriate

- Records and Data Management

- Support as required for the emergency and disaster preparedness team

- Other occupational medical services described herein

- Supporting transition between medical services providers

- Additional Services as described herein.

3.Scope of Work –

The physical exams performed for NIOSH include vital signs and standard systems checks (height, weight, blood pressure, pulse, respiration, etc.), as well as the actual physical exam and assessment performed by the physician (See Attachment 5). This may include an assessment and review of systems (head, ears, eyes, heart, lungs, extremities, etc), a breast exam (if appropriate and agreed to by the patient), and a prostate exam (if appropriate and agreed to by the patient). The charge per exam must include the administrative time of the physician to complete necessary paperwork, dictation, overhead, supplies, etc. Services, in addition to, and those provided outside the scope of the physical exam process, shall be a separate charge and are described below. Those types of services may include respirator clearance exams (may include spirometry and OSHA questionnaire review), SCBA clearance, hearing tests for mandatory hearing conservation program, testing for Beryllium exposure, vaccinations, etc. Results of the examination and additional services will be sent to the patient/employee.

NIOSH has employees that are part of the CDC Emergency Response Team as well as the PHS Commissioned Corps Readiness Team. These teams are involved in incident management activities to include the prevention of, preparedness for, response to, and recovery from terrorism, major natural disasters, and other major emergencies.

This would require immediate medical services which would include a general fit for duty medical clearance and may also include immunizations and/or respiratory medical clearance. Therefore, it is essential that the contractor be located nearby to the facility (within approximately 20 miles) or be able to provide services in that vicinity within eight (8) hours of request for services.

4. Services required:

Physicals are performed one or two days per month. Quotes shall be priced per unit per item. Any estimated quantity provided in this scope of work is not a guaranteed minimum, and is used solely for estimation purposes and as a determination as to the acceptability and reasonableness of the prices proposed by the offeror. The Government will make a determination as to the acceptability and reasonableness of the prices proposed by the offeror. Prices shall be fully burdened and inclusive of overhead, G&A, profit, etc. for the performance periods. Services include:

Services

Estimated Quantity (not a guaranteed minimum)

Physical Exam (Attachment 5) 115

Physical Exam (PHO) 20

Add ons to Exam:

Urinalysis 135

Executive Profile (blood work) 135

Executive Profile with PSA 70

Chest X-Ray 70

EKG 135

Audiogram 30

Spirometry 15

Heme Cards 135

Pap Smear 10

Vision Test 135

Stress Test 5

Eye Exam for Laser Use (Attachment 8) 5

Other Services

Responder Readiness Medical Clearance (Attachment 1) 20

Responder Readiness Program Interim Medical Evaluation (Attachment 2) 20

Post-Deployment Health Assessment (Attachment 3) 20

Respirator Evaluation Questionnaire (may include spirometry and OSHA questionnaire.) (Attachment 6 and 7) 30

SCBA Clearance (Attachment 6 and 7) 2

Animal Allergy Questionnaire (Attachment 9) 75

Hepatitis B Titer (blood work) 10

Varicella Titer (blood work) 10

Hepatitis A Titer (blood work) 10

MMR Titer (blood work) 10

Annual AED Program (Attachment 10, 11 and 12) 1

BeLPT (blood work) 15

Hearing test for mandatory Hearing Conservation Program (Attachment 13) 15

Administration of Vaccine (cost of vaccine and administration)

Hepatitis A 5

Hepatitis B 15

Adult DT (Regular) 5

Adult TDp (Adacel) 10

Influenza 400

PPD 15

Pneumonia 5

MMR 10

Varicella 10

Polio 5

5. Description of Services

Physical Exam

The physical exams are scheduled one or two days per month and include vital signs, standard systems checks (height, weight, blood pressure, pulse, respiration, etc.), as well as the actual physical exam and assessment performed by the physician (See Attachment 5). This may include an assessment and review of systems (head, ears, eyes, heart, lungs, extremities, etc), a urinalysis, an EKG (if over 40) a breast exam (if appropriate and agreed to by the patient), a pap smear (if appropriate and agreed to by the patient), and a prostate exam (if appropriate and agreed to by the patient).

Blood work: Employees will complete blood work prior to the physical examination. Males over the age of 40 will have a PSA test included in the blood work. Employees will be able to receive a chest x-ray if they so choose.

Physicals examinations for Public Health Service Commissioned Officers will include completion of two forms along with the paperwork completed for standard physicals. Extra time and administration is required for these physicals. Additional physical testing requirements may also be included with these examinations, such as a stress test and a hearing test.

Hearing Conservation

Hearing Conservation (audiometric testing): Audiometric screening shall be performed as needed for emergency responders and for workers in high-risk noise positions in accordance with 29 CFR, 1910.95. In addition, the contractor will provide medical follow up with anyone exhibiting standard threshold shift (STS) (Attachment 13).

Respirator Clearances - Including Self Contained Breathing Apparatus (SCBA) Clearance

Conduct medical clearance for respirator use in accordance with 29 CFR 1910.134. Morgantown operations may require respiratory protection against multiple contaminants in a broad variety of exposure situations, and that these requirements may not be predictable, each participant will generally need to be cleared for several types of respirators (up to and including SCBA) under varying levels of exertion and physical stressors. The contractor will provide clearance decisions that are specific to the types of respirators and usage conditions each participant may encounter. The contractor will also maintain a list of clearances in an electronic format that can be exported to Microsoft Excel, for use in Respiratory Protection Program administration. This information will be provided as part of the monthly report. SCBA clearance (Attachments 6&7) will include same clearance requirements as other respirators plus a Pulmonary Function Test and possibly a stress test (to be determined by contractor based on health status and age of employee).

Laser Eye Exam

Eye exam for laser users in accordance with American National Standards Institute (ANSI) Z136.1, Safe Use of Lasers. Provide baseline eye examinations for laser users of class 3B and 4 laser systems in accordance with ANSI Z136.1-2000. (Attachment 8)

The examination must include:

Ocular History Visual Acuity Amsler Grid Test Color Vision Ocular Fundus (If any of the above exam results are abnormal)

CDC Responder Readiness Clearances (Attachments 1-4)

A significant number of personnel are deployed to respond to CDC-recognized emergencies such as disease outbreaks and disasters of various kinds (biological, chemical, radiological, natural, and humanitarian) which are identified as “emergency deployments.” Emergency deployments are best made using previously prepared personnel. Hazards and risks presented by deployments may be directly related to the reason for the deployment (infectious disease outbreak, disaster) or incidental to the deployment (endemic diseases, lack of medical facilities, and physical security hazards such as street crime and terrorism at the deployment location). Proper identification of hazards, assessment of the risks presented by these hazards, and appropriate control measures can, in most cases, reduce the risks to acceptable levels.

CDC’s highest priority is the health and safety of its personnel during deployments. CDC’s policy is to deploy personnel only if and when they have successfully completed all required preparations and when the health and safety risks associated with deployments have been eliminated or reduced to acceptable levels. Personnel deployed in response to CDC-recognized emergencies must have completed all the elements of the state of readiness process including fitness for duty evaluation, training on using appropriate personal protective equipment, and (if needed), other specialized training. CDC programs supplement CDC-wide general guidance and procedures with program-and project-specific information.

Attachment 1 – CDC Responder Readiness Medical Clearance This is the initial, full screening employees must complete before deployment.

Attachment 2 – CDC Responder Readiness Program Interim Medical Evaluation This is the periodic screening to be completed annually.

Attachment 3 – Confidential Post-Deployment Health Assessment To be completed after employee returns from deployment to assess health.

Attachment 4 – CDC Deployment Health and Safety Policy

Beryllium Surveillance (BeLPT)

Beryllium surveillance in accordance with 10 CFR 850.34 - http://vlex.com/vid/19618871.html - for personnel participating in on-site work at beryllium facilities.

Beryllium is a hard, lightweight metal that is very strong and easy to shape. It has many industrial uses. Beryllium-copper alloys and beryllium-oxide ceramics are used in the electronic, nuclear and aerospace programs. Beryllium parts for nuclear weapons were manufactured and used at a number of Department of Energy (DOE) laboratories.

This manufacturing process continues at some laboratories today.

All personnel working with or visiting sites that use beryllium will be enrolled in beryllium surveillance. The surveillance will be the beryllium lymphocyte proliferation test (Be LPT). The Be LPT is a blood test used to detect a person’s sensitivity to beryllium.

Animal Allergy Questionnaire

Employees who work with laboratory animals will be administered the Laboratory Animal Allergy Questionnaire on a bi-annual basis (Attachment 9).

Automated External Defibrillator (AED) Program

A review of the NIOSH AED program will be performed annually (Attachments 10&11). Contractor provides physician oversight and Medical Direction of NIOSH's Public Access Defibrillation (PAD) program. The physician will review, approve, and sign off on NIOSH- Morgantown AED program policy and will conduct a yearly program audit to ensure the following:

• Training: Ensure that the expected users of the AED received nationally recognized training in CPR and AED use.

• Maintenance: Ensure the AED is maintained and tested in accordance with manufacturer's guidelines by record review of completed monthly Safety Office AED inspections.

• Event and Post Event Notification: The Contractor will provide a PAD report form (Attachment 12) to be completed by the Health Care Provider and/or AED user when any type of emergency care or treatment on a person in cardiac arrest is performed using an AED. Once notified, the physician will review data and commentary from the event and write a summary of the event, to include CPR compression and the function of the AED and potential changes that might need to be addressed in the emergency response procedure.

Immunization Program

Administer necessary immunizations to at-risk employees identified by the Project Officer. The Contractor shall provide individual employees with records of immunizations documented in their chart as may be required for occupational health or international travel purposes, in accordance with the CDC/ATSDR Occupational Immunization Program. The Contractor shall also enter this data into an electronic records system (such as a spreadsheet) on a daily basis. These immunizations may include, but are not limited to, the following licensed vaccines, toxoids, or globulins: tetanus-diphtheria toxoids, immune globulins, hepatitis-A vaccine, hepatitis-B vaccine, influenza vaccine, immune mumps and rubella vaccine, meningococcal vaccine, and poliomyelitis vaccine.

Vaccines may be furnished by NIOSH when it is advantageous to the government.

The Immunization Program provides immunizations at no cost to employees who have potential occupational exposure to infectious agents. The Program provides immunizations to laboratory workers, engineering personnel, animal care personnel, field investigators, and other individuals who may be at potential risk of exposure to the disease agents. The Program also provides free immunizations to employees as part of the CDC/ATSDR Adult Immunization Activity which administers adult recommended immunizations to Federal employees. Contract employees are not eligible for these immunizations unless pre-approved by the Project Officer. Immunizations included in the program are: Influenza, Rubella, Adult Tetanus-Diphtheria (Regular), Adult Tetanus-Diphtheria (Adacel), Pneumococcus, Hepatitis A, Varicella, Polio and MMR.

Administer test for Antibody to Hepatitis B Surface Antigen (Hepatitis B Titer) as needed determined by the contractor or requested by the Project Officer. The purpose is to evaluate the immune response in persons who have received hepatitis B vaccine.

Administer test for Antibody to Varicella as needed determined by the contractor or requested by the Project Officer. The purpose is to determine if a person has immunity to Varicella.

Administer test for Antibody to Hepatitis A as needed determined by the contractor or requested by the Project Officer. The purpose is to determine if a person has immunity to Hepatitis A.

Administer test for Antibody to MMR as needed determined by the contractor or requested by the Project Officer.

The purpose is to determine if a person has immunity to Measles/Mumps/Rubella (MMR).

Influenza Clinic

Administer influenza vaccine annually to the NIOSH Morgantown workforce. The influenza immunization campaign shall be conducted at the NIOSH Morgantown facility. The Contractor and Project Officer will review historical data regarding the number of persons who received the vaccine in the prior year and any employee population increase to determine the number of vaccinations to plan for each year. Influenza immunizations are offered annually to all employees by the contractor. An "all employees" announcement of availability of the vaccine is issued in the fall with three flu clinics held onsite at NIOSH. Additional influenza vaccines may be administered at the contractor’s office.

6. Technical Requirements –

Operations – Provide personnel and medical supplies to support operations that include the following services:

- Provide qualified medical personnel. The contractor’s workforce shall be board certified by their appropriate occupational health or medical discipline.

- Provide administrative oversight to manage personnel, pharmaceuticals, medical records, equipment and supplies.

- Conduct employee physical examinations (approximately 135 annually), including: analysis of clinical results and patient interaction. Examinations will include: vital signs (height, weight, blood pressure, pulse, and respirations) as well as the actual physical exam and assessment performed by the physician. This may include an assessment and review of systems (head, ears, eyes, heart, lungs, extremities, etc), a breast exam (if appropriate and agreed to by the patient), and a prostate exam (if appropriate and agreed to by the patient).

- Provide respirator certifications as needed (approximately 35 annually) for job specific occupational exposure. Employees who may be exposed to hazardous atmospheres in the conduct of their work will require respirator clearance.

- Maintain appropriate corresponding medical inventories including a supply of vaccines (tetanus-diphtheria, Hepatitis B, Hepatitis A, MMR, TB testing materials, etc) in order to accomplished the requirements in the SOW.

- Provide employee medical record maintenance and administrative support for medical records of current and former employees in accordance with Federal, state, and local laws.

- Protect the privacy of employees and confidentiality and physical security of all employee medical records, and provide access to employee medical and behavioral health records, in a manner consistent with: 1) The Privacy Act as codified in 10 CFR 1008; 2) “Access to Exposure and Medical Records” as codified in 29 CFR 1910.1020 (OSHA Standard); and 3) The Health Insurance Portability and Accountability Act.

- Provide copies of medical records to other professional medical and behavioral health providers and third-party medical claims processor(s) as appropriate and in a manner consistent with all applicable laws and standards.

- Manage durable medical supplies.

- Provide consultation services for occupational health issues for services provided by this contract.

- The contractor shall supply pharmaceuticals, and other controlled medical supplies, as appropriate, and required to accomplish the work under this contract.

- The contractor shall furnish the infrastructure, equipment, and supplies (consumable medical supplies and general office supplies, to include lab equipment, clinic furniture, medical beds, exam tables, etc.)

to enable the services described herein.

7. Reporting Schedule –

- Monthly billing will include a detailed report of services rendered during the month by price, category, and patient. Billing statement must list all services rendered including physical exam, immunizations, questionnaires, and any other services provided. This will serve as the monthly report.

8. Special Considerations

-Privacy Act: The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 U.S.C.552a) and applicable agency regulations. The system covered under this Act is Employee Medical File System Records – OPM/GOVT 10 found under Attachment 14. Violation of the Act may involve the imposition of criminal penalties.

- Insurance Requirements: The contractor shall, at its own expense, provide and maintain during the entire performance of the contract, the types and kinds of minimum amounts of insurance required by law.

Including but not limited to: Professional Medical Liability: $1,000,000. (See clause 52.237-7, Indemnification and Medical Liability Insurance). A copy of the insurance certificate(s) shall be required upon award of the contract.

-Licensure Requirements: The contractor shall, at its own expense, provide and maintain during the entire performance of the contract, the types and kinds of licensure and certifications appropriate to the medical specialties and to the state for the performance of this contract.

9. Government Furnished Property

- The Government may provide space for the contractor during fall influenza clinics.

- The Government may provide space for the contractor to conduct medical examinations.

10. Deliverables–

Deliverables – 1.) The contractor shall provide a monthly detailed report of all services rendered during the month by price, category, and patient. This is to be attached to the monthly billing statement in electronic format.

2.) The contractor shall provide each employee who undergoes a physical:

1) a copy of all forms completed, test results, exam reports, etc.,

2) post-exam counseling only (no formal follow-up communication is expected/required),

3) an advisement letter explaining medically significant data with any abnormal findings,

4) written (typed in English) recommendations for addressing these concerns.

SECTION C - CONTRACT CLAUSES

C.1 IDIQ Delivery Order Contract:

1. Description of Contract:

The supplier shall furnish the services from the statement of work specified during the period of performance under any exercised option period and task order performance period.

2. Extent of Obligation:

The Government is obligated only to the extent of authorized purchases actually made under this Delivery

Order Contract.

3. Minimum Guarantee:

The Government’s minimum guarantee under this IDIQ contract is $5,000.00.

4. Pricing:

Pricing to the Government shall be in accordance with the applicable prices specified in Section B, in addition to any discount for prompt payment.

5. Purchase Limitation:

Delivery Orders issued against this contract may not exceed $100,000.00 and aggregate total for this IDIQ

Contract shall not exceed $400,000.00.

6. Incremental Funding:

The Government may provide incremental funding for fixed priced, severable services, on individual task orders in accordance with HHSAR 352.232-72 Limitation of Government’s Obligations (Jun 2010).

7. Invoices:

All invoices are to be submitted to the address in block 16 above and in accordance with section C.15.

1. Name of Supplier

2. Delivery Order Number

3. Date of Purchase

4. Itemized List of Supplies

5. Quantity, Unit Price and Extension Price of each item.

6. Dun’s Number and Tax ID Number

7. Name of person items are to be shipped to on each call.

C.2 FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acqnet.gov http://farsite.hill.af.mil/

(End of Clause)

C.3 FAR 52.252-6 Authorized Deviations in Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Health and Human Services Acquisition Regulation (HHSAR) (48 CFR Chapter 3) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

C.4 FAR Clauses Incorporated by Reference

FAR SOURCE TITLE AND DATE

52.202-1 Definitions (Jul 2004) (Deviation) (HHSAR 352.202-1) (Jan 2006) 52.224-1 Privacy Act Notification (Apr 1984) 52.224-2 Privacy Act (Apr 1984) 52.228-5 Insurance - Work on a Government Installation (Jan 1997) 52.232-18 Availability of Funds (Apr 1984) 52.237-7 Indemnification and Medical Liability Insurance (Jan 1997) 52.242-15 Stop-Work Order (Aug. 1989) 52.247-34 F.o.b. Destination (Nov 1991)

HHSAR SOURCE TITLE AND DATE

352.203-70 Anti-Lobbying (Jan 2006) 352.223-70 Safety and Health (January 2006) 352.227-70 Publications and Publicity (Jan 2006)

352.232-72 Limitation of Government’s Obligation (Jun 2010) 352.242-70 Tobacco-Free Facilities (Jan 2006)

C.5 Ordering Procedures

Delivery orders under this contract will be placed telephonically. In addition to the Contracting Officer and Contract Specialist, the following personnel shall be authorized to place such orders, delay deliveries, should a condition exist which would prevent the Government from accepting delivery, and accept receipt of deliveries:

1. Beth Ramage (NIOSH) (304) 285-5777

2. Daniel Browning (NIOSH) (304) 285-5776

3. Stephanie Kraynak (NIOSH) (304) 285-5707

4. George Sims (NIOSH) (304) 285-5863

5. Melanie Moore (NIOSH) (304) 285-5742

The Contractor shall provide the Government with a telephone number or numbers to be used for placing orders and communicating necessary information should a delay in deliveries be required.

C.6 FAR 52.212-4 -- Contract Terms and Conditions -- Commercial Items (Jul 2013)

(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 reperformance 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). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(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.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C.

40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data.

To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the SAM database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database.

Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov .

(u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti- Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(1) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

C.7 FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders --

Commercial Items (Sep 2013)

(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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110- 252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

__…