SOA_201800482_-_Medical_Services.pdf

SOLICITATION, OFFER, AND AWARD

201800482

Offerors:

The Board of Governors of the Federal Reserve System hereby issues this Solicitation, Offer, and Award (Solicitation) to provide services as described in Section C, the Statement of Work.

Pertinent dates associated with this Solicitation are:

Release of SOA: August 29, 2018

Closing date for inquiries: September 14, 2018

Submission of proposals: October 12, 2018 2:00 p.m. Washington, DC, time

Questions pertaining to this Solicitation may be directed to me via email at:

Helen.H.Nguyen@frb.gov

Sincerely, Helen Nguyen Contract Specialist

Procurement Section Division of Financial Management

Board of Governors of the Federal Reserve System Solicitation, Offer, and Award 201800482

Please see attached SOA form

SECTION B

PRICE PROPOSAL FORM

B.1 SERVICES TO BE PROVIDED

Offerors shall submit in their proposals the prices to provide the goods or services set forth in Section C, the Statement of Work, of this Solicitation. Offerors shall use the forms included in this Section B when submitting their Price Proposals.

B.2 PAYMENT OF PREVAILING WAGE: SERVICE CONTRACT ACT

The Contractor and all of its subcontractors shall pay the prevailing wages that are applicable for Washington, DC. The Contractor shall:

• Pay its workers wages that meet the minimum wages set forth in the applicable Wage Determination from the US Department of Labor which lists prevailing wages and fringe benefits for service contracts for Washington, DC. The applicable Wage Determination shall be that which is current at the time of Contract award or, when an option period is exercised, adjusted to the rate applicable at the time the option period is exercised. For information purposes, the Board has identified Wage Determination No. 15-4281 Rev., Revision No. 11 as applicable at the time of Solicitation issuance (see attached).

• Incorporate in all contracts with subcontractors a provision that the subcontractor shall pay those wages specified in the applicable Wage Determination (including any applicable adjustment for exercised options), and

• Assist the Board in determining any applicable wage decision for wages not included in Wage Determination No. 15-4281, Revision No. 11, or the applicable Wage Determination current at the time of Contract award or option period exercised.

Please use attached price form

SECTION C

STATEMENT OF WORK

C.1 BACKGROUND

The Board of Governors of the Federal Reserve System (Board) requires services related to conducting Occupational Safety and Health Administration (OSHA)-mandated programs as described in Section 2.1, in addition to the services of (1) providing psychological evaluation services, and (2) providing work station ergonomic evaluations,.

Outsourcing these services aligns with industry best practices as other government agencies have transitioned from employer-run clinics to either eliminating in-agency health clinics and/or outsourcing the management of clinics to companies that specialize in these areas.

The Board seeks a Contractor to perform the entire scope of work listed below under C.2.

C.2 SCOPE OF WORK

The Contractor shall conduct (1) medical and physical examinations and reviews, (2) work station ergonomic services, (3) psychological assessments, and (4) automated external defibrillator program and services.

2.1 OSHA MANDATED PROGRAMS

The Contractor, at its own location, shall perform physical examinations for all medical surveillance programs, initial fit-for-duty, annual fit-for-duty, and return to work examinations for all positions that affect public safety, including law enforcement officers (LEOs) in the Board’s Law Enforcement Unit (LEU) and the Protective Services Unit (PSU) who carry weapons.

For OSHA-mandated programs, the Contractor shall:

2.1.1 Coordinate scheduling the pre-employment (initial) and annual fit-for-duty medical examinations for LEU, PSU, and Board-identified Facilities staff with Board personnel in those areas as designated by the Contracting Officer’s Representative (COR).

2.1.2 Review histories and perform physical examinations on workers in the hearing conservation and respiratory protection medical surveillance programs as identified by government standards (i.e. 29 CFR 1910.95 and 29 CFR 1910.134 respectively) and industry practice. As of the date this Solicitation is issued, there are currently 35 employees in the hearing conservation program and three (3) in the respiratory protection program.

2.1.3 Perform annual fit-for-duty examinations and new applicant medical examinations for law enforcement personnel using the Board’s “Medical Standards for Law Enforcement” as a guideline for determining fitness for duty status (see Attachment 3). General Services Administration (GSA) Standard Form 93 is used for new applicants. The Board anticipates hiring twenty (20) new LEOs annually. There are approximately 180 law enforcement positions at the Board.

2.1.4 Provide medical examinations using the following common components:

physical examination, comprehensive vision, Ishihara – 12 Plate Color Vision, audiometry, electrocardiogram, lab profile (blood and urine), venipuncture, vital signs (heart rate, blood pressure, height, and weight), agility testing (see descriptions for step, grip, and reach tests below), respirator fit testing, and record processing. The Contractor shall submit a report including the person’s medical determination after the completion of each examination.

2.1.4.1 Step Test – The LEO is given instructions regarding the step test.

The LEO is asked to step up onto a 12" platform with one foot followed by the other, then to step off the platform with one foot followed by the other. The LEO will be asked to keep cadence with a metronome. The LEO will be given 30 seconds of practice;

he/she will be offered a second 30 second practice session if he/she desires. The evaluation consists of three minutes of persistent stepping up and down off the 12" platform in time to the cadence of the metronome at a rate of 96 steps per minute. The LEO’s heart rate will be monitored with an electronic heart rate monitor. The Contractor shall record the heart rate at the beginning and end of every minute of the test, and shall test the heart rate one minute after the test. The LEO shall be encouraged to complete the three minutes, but may stop if the LEO feels that he/she is unable to safely complete the evaluation. The Contractor shall record all results on the Fitness for Duty Evaluation form.

2.1.4.2 Grip Test – A dynamometer is used to measure the LEO’s grip strength. The LEO will be asked to hold his or her arm out at shoulder level, and will then be instructed to squeeze the handle with his or her full force. The dynamometer will provide a read out in pounds of force generated with the trial. The LEO will be asked to repeat this three times with each hand. The result for each hand grip strength will be the average of the three trials. The Contractor shall record all results on the Fitness for Duty Evaluation form.

2.1.4.3 Reach Test – The LEO is asked to warm up and stretch prior to this evaluation. The LEO will be asked to sit on the floor with his/her legs fully extended and his/her feet placed flat against the sit and reach test device. The LEO will then be coached to slowly reach as far forward as he/she can while exhaling and dropping his/her head forward between his/her arms. The Contractor shall calculate the reach in centimeters from the waist to the tips of the fingers. The Contractor shall record the results of all three trials on the Fitness for Duty Evaluation form.

2.1.5 Perform physical examinations for the renewal of commercial driver’s licenses for the Board’s drivers, where applicable, in accordance with the Department of Transportation’s (DOT’s) protocol.

2.1.6 Recommend and review exercise stress tests for LEOs to determine fit for duty requirements, where applicable.

2.1.7 Comply with Health Insurance Portability and Accountability Act (HIPAA) and underlying regulations in maintaining protocols for the storage, retrieval, and archiving of data resulting from medical examinations and reviews.

2.1.8 Provide services for the retrieval, digitization, and storage of the

Board’s medical records currently stored by the incumbent.

2.1.8.1 The Contractor shall provide services for the conversion of paper medical records to electronic records and ensure that paper and electronic records for employees are secured and stored in a HIPPA-compliant manner. The document retrieval and storage services shall be performed as follows:

a) Document scanning shall be performed in duplex mode set with automatic blank page deletion at 5kb or less per image.

b) Scanning is bitonal and images will be created at 300 DPI.

c) Digital records shall be indexed to create necessary metadata fields to support standard search functionality to access the documents.

d) For the purposes of a transfer of service from the Board’s existing Contractor to a new Contractor, the Contractor shall complete work related to the implementation process 10 business days prior to the start date of services under the contract resulting from this Solicitation (January 1, 2019).

e) The Contractor shall provide scan medical records and be digitally available in three (3) business days from receipt of the records from the Board or their health care professional.

2.1.8.2 The medical records shall remain Board property during the term of this Contract and beyond the term of this Contract, and shall be maintained by the Contractor in accordance with Federal records retention requirements, unless and until the Board instructs the Contractor in writing otherwise. This maintenance requirement shall survive any termination of this Contract, except to the extent that the Board issues written instructions regarding the disposition of the medical records to the Contractor or the Contractor transfers the medical records to the Board or a designee of the Board.

2.2 ERGONOMICS SERVICES

The Contractor shall provide basic ergonomics assessments for Board employees on a monthly basis, at a minimum, or when requested by the Board. Historically, the Board has conducted 30 ergonomic assessments per year, at an average of 30 minutes for each assessment. The Contractor shall perform the following:

2.2.1 Provide each person with an abbreviated consultation that is focused on assuring the client’s work area is set-up correctly for his/her task requirements.

2.2.2 Assure that safe work practices are being utilized.

2.2.3 Make any necessary on-the-spot changes to the extent possible

(adjusting keyboard trays, client/chair mismatches, etc.)

2.2.4 Provide ergonomics instruction and reference handouts (chair adjustments, keyboard shortcuts, etc.) as needed.

2.2.5 Provide a summary report that will include changes made and any recommended Board-approved ergonomics equipment that is necessary for the employee.

2.3 PSYCHOLOGICAL ASSESSMENTS

The Board’s LEU’s pre-employment qualifications for applicants include, among other steps, an extensive pre-employment psychological evaluation. These examinations evaluate the applicant’s ability to safely and effectively perform his or her essential job functions. The Contractor shall perform the following:

2.3.1 Conduct a pre-employment psychological assessment using the

International Association of Chiefs of Police’s Pre-Employment Psychological Evaluation Guidelines (http://www.theiacp.org/portals/0/documents/pdfs/Psych- PreemploymentPsychEval.pdf). The examiner’s findings and opinions are to be based on all data available at the time of examination and shall include:

2.3.1.1 Battery of psychological tests including objective, job-related, and validated psychological instruments (one example is the MMPI-2). The battery of psychological tests shall address the essential elements of law enforcement work including:

a) Social competence;

b) Teamwork;

c) Adaptability/flexibility;

d) Conscientiousness/dependability;

e) Impulse control;

f) Integrity;

g) Morality/ethics;

h) Emotional regulation/stress tolerance;

i) Decision-making/judgment;

j) Assertiveness;

k) Accountability; and avoidance of substance abuse and other risk-taking behaviors.

2.3.1.2 A semi-structured, job-related face-to-face interview of all applicants. The interview shall incorporate, at minimum, the following:

a) Review of the results of the battery of psychological tests performed under Section 2.3.1.1 above, prior to conducting the interview.

b) Review of the applicant’s relevant history (e.g., school, work, interpersonal, family, legal, financial, substance use and mental history).

2.3.2 Provide the Board with the following written reports and recommendations:

2.3.2.3 A written report of the LEO applicant’s evaluation. The report shall contain, at a minimum, a clear determination of the applicant’s psychological suitability for employment based upon an analysis of all psychological assessment material. Rating and/or recommendations for employment shall be specifically linked to the job duties, powers, demands, working conditions, etc. intended for law enforcement personnel.

a) The written report shall be submitted to the Contractor’s physician completing the fitness-for-duty examinations within six to ten business days after the psychologist’s final evaluation.

b) The report shall clearly state the period of time for which the evaluation is considered valid.

2.3.3 Evaluation of an incumbent employee’s psychological fitness for duty may be requested by the Board when there is (1) objective evidence that the employee may be unable to safely or effectively perform his or her duties and (2) reasonable belief that the cause may be due to psychological factors. In the performance of an evaluation of psychological fitness for duty, the psychologist shall:

2.3.3.1 Rely on multiple data sources depending on the referral question, to be provided by the Board as follows:

a) Description of the circumstances and evidence that have given rise to the concerns about the Law Enforcement Officer’s (LEO’s) ability to safely and/or effectively perform his or her duties.

b) Job description for the LEO’s position within the LEU.

c) Background documentation that may impact the examiner’s evaluation. This information may include: performance evaluations, internal investigations, incident reports of any triggering events, prior psychological evaluations, and other supporting or relevant documentation.

d) Any particular questions that the Board will need addressed to make its final decision regarding the LEO’s ability to safely and/or effectively perform his or her duties.

2.3.3.2 Conduct the psychological fitness for duty evaluation using the

International Association of Chiefs of Police’s Pre-Employment Psychological Evaluation Guidelines. The examiner’s findings and opinions are to be based on all data available at the time of examination and shall include:

a) Review of all background information provided by the Board.

b) Psychological tests including objective, job-related, and validated psychological instruments as indicated based on the referral issues and questions (one example is the MMPI- 2).

c) A comprehensive face-to-face clinical interview with the LEO.

2.4.3.3 Provide the Board with the following written reports

and recommendations:

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a) The psychologist shall provide the Board with a written report of his or her evaluation. The report shall contain a description of the psychological fitness for duty issue(s), the evaluation methods employed, and a clear determination of the incumbent employee’s psychological suitability for unrestricted duty for his or her analysis of all psychological assessment material available at the time of the examination.

b) If the employee is found unable to safely and/or effectively perform unrestricted duty due to a psychological issue(s), the report shall contain:

• A description of the employee’s job-related functional limitations; and

• Any recommendations for an appropriate time frame for re-evaluation of fitness for duty.

2.3.3.4 The written report shall be submitted to the Contractor’s physician completing the fitness-for-duty within six to ten business days after the psychologist’s final evaluation.

2.3.3.5 The report shall clearly state the period of time for which the evaluation is considered valid.

2.3.4 Disclosure. Prior to the administration of any psychological instruments and interviews, the psychologist shall disclose information, documented in writing, to the individual undergoing the evaluation that includes the following:

2.3.4.1 The nature and objectives of the evaluation;

2.3.4.2 The intended recipients of any results;

2.3.4.3 That the Board is the client;

2.3.4.4 The probable uses of the evaluation and the information obtained;

2.3.4.5 Who will have access to the information; and

2.3.4.6 Any applicable confidentiality requirements.

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2.4 AUTOMATED EXTERNAL DEFIBRILLATOR (AED) PROGRAM AND

SERVICES

The Contractor shall provide oversight for the Board’s AED program to include the following:

2.4.1 Provide physician oversight to ensure the program meets all legal requirements.

2.4.2 Conduct quarterly and annual inspection and maintenance checks.

2.4.3 Order, change and replace parts and/or defibrillator machine as needed.

2.4.4 Maintain records and reporting mechanisms.

C.3 ADDITIONAL SERVICES

The Board may require the Contractor to consult with the Board’s COR via telephone as needed.

C.4 PLACE/HOURS OF PERFORMANCE

4.1 Place of Performance. The Contractor shall perform work at an offsite office or clinic in close proximity to Board buildings, within the Washington DC area.

4.2 The Contractor shall perform all work during the Board’s customary working hours, which are 7:00 a.m. through 6:00 p.m., Monday through Friday, unless the Board expressly authorizes a change in these hours in writing.

C.5 MANDATORY REQUIREMENTS

The following requirements are for Offerors responding to the Solicitation:

5.1 Offeror shall provide resumes of two (2) Key Personnel, at a minimum, with the following knowledge, experience, and skills:

5.1.1 Physician – Shall be licensed in Washington, DC area. The physician shall be certified in internal medicine and occupational and environmental health. The physician shall possess the following, at a minimum:

5.1.1.1 At least five (5) years of overall experience in conducting medical examinations.

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5.1.1.2 At least three (3) years of experience with conducting pre-employment and post-employment examinations of law enforcement officers.

5.1.1.3 At least three (3) years of working knowledge of the following:

• OSHA Standards

• Health Insurance Portability and Accountability Act

(HIPAA)

• Genetic Information Nondiscrimination Act of 2008 (GINA)

• Family and Medical Leave Act (FMLA)

• Rehabilitation Act of 1973

5.1.1.4 At least three (3) years of working knowledge of return-to-work issues including workers’ compensation and Rehabilitation Act.

5.1.2 Psychologist – Shall be a doctoral-level psychologist who is licensed to practice psychology in the Washington, DC area. The psychologist shall possess the following at a minimum:

5.1.2.1 At least five (5) years of overall experience in conducting psychological assessments.

5.1.2.2 At least three (3) years of experience with law enforcement.

5.1.2.3 Expertise in clinical psychological testing and assessments, as well as in personnel evaluation using measures of normal personality characteristics, skills, and abilities.

C.6 DIVISION OF RESPONSIBILITY

6.1 The Board will provide:

6.1.1 A copy of the Board’s Medical Standards for Law Enforcement, at the kick-off meeting after contract award.

6.1.2 Access to Board premises when providing onsite services

(conducting ergonomics services, and AED services).

C.7 MEETINGS

The Board reserves the right to schedule special meetings during the course of the work, as required, to address matters that cannot be satisfactorily resolved by other means. Such meetings will be held at the Board’s offices in Washington, DC.

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C.8 CONDUCT OF CONTRACTOR PERSONNEL

The Board reserves the right to deny entry or access to its premises to any contractor whose presence, dress, or conduct the Board deems detrimental to the good order and productivity of its operations and staff. Such personnel shall be replaced by the Contractor immediately upon notification by the COR, or his designee, that a Contractor personnel problem exists. This replacement shall be made at no additional cost to the Board.

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SECTION D

[RESERVED]

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SECTION E

INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE

The COR will inspect and accept the goods and services at intervals that he/she specifies.

E.2 REDELIVERY OF WORK

If any of the services delivered by the Contractor under this Contract do not conform with the descriptions contained in Section C, the Statement of Work, the Contracting Officer may direct the Contractor to deliver the services again, in conformity with Section C, and the Contractor shall not reinvoice the Board for such rework. When defects in services cannot be corrected by re-delivery, as determined by the COR, the Contracting Officer may require the Contractor to (1) take actions to assure the Board that future deliveries will conform to contract requirements, and

(2) reduce the future amounts invoiced by the Contractor to reflect the reduced value of the nonconforming services.

If the Contractor again fails to deliver conforming services after attempting to re-deliver, or to take the actions necessary to ensure future conformance with contract requirements, the Board may (1) by contract or otherwise, engage a third party to perform and deliver the services in place of the Contractor and charge to the Contractor any charges incurred by the Board that are directly related to this third-party performance, or (2) terminate this Contract for default in accordance with the General Contract Provisions.

Notwithstanding any of the foregoing provisions, at any time, the Contracting Officer may require the Contractor to remedy by correcting or replacing the Contractor’s personnel, without cost to the Board, any failure by the Contractor to comply with the requirements of this Contract if failure is due to (1) fraud, lack of good faith, or willful misconduct on the part of any of the Contractor's personnel, or (2) the conduct of one or more of Contractor's personnel selected or retained by the Contractor after the Contractor's management or the Board has grounds to believe that the Contractor’s personnel are unqualified or habitually careless.

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SECTION F

CONTRACT DELIVERABLES

F.1 DELIVERABLES

The Contractor shall provide the services listed in Section C.

F.2 INSURANCE CERTIFICATES

The Contractor shall provide the Board with insurance certificates for each policy required to be in effect throughout the performance period.

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SECTION G

INQUIRIES

G.1 POINT OF CONTACT

The Board's contact person responsible for providing additional information and answering inquiries about this Solicitation is the Contract Specialist.

a. The Offeror shall submit all communications, such as requests for clarification and/or information concerning this Solicitation, in writing via electronic mail to

Helen.H.Nguyen@frb.gov

b. Inquiries shall be submitted via email no later than September 14, 2018.

c. Answers will be provided to questions to potential Offerors giving due regard for the proper protection of proprietary information.

The Board will not provide information concerning this Solicitation or requests for clarification in response to Offeror-initiated telephone calls. The Offeror shall make all such requests in writing via e-mail to the above address. Questions shall identify the specific area of this Solicitation, citing the particular section and paragraph of this Solicitation in which clarification is desired.

Note: Offeror is instructed specifically to contact only Helen Nguyen in connection with any aspect of this requirement prior to the Contract’s award. The Offeror shall submit proposals and all correspondence relating to this document to Helen Nguyen.

mailto:Helen.H.Nguyen@frb.gov

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SECTION H

KEY PERSONNEL

H.1 APPROVAL OF KEY PERSONNEL

Key Personnel are those personnel who are essential for the performance described in Section C, meet requirements outlined below in Section H.2, and who will be assigned to the Contract on a permanent basis.

No substitutions of key personnel shall be made except in accordance with Section H.3.

Approval of Key Personnel will not be unreasonably withheld.

H.2 PERSONNEL QUALIFICATIONS

Key personnel, at a minimum, shall possess sufficient experience, knowledge, skills, and abilities to permit them, at a minimum, to perform the work required under the SOA.

The Contractor shall provide skilled, credentialed personnel with demonstrated knowledge, abilities, and experiences to provide the required services. Letters of commitment shall be included in the Technical Proposals for all Key Personnel.

H.3 SUBSTITUTION OF KEY PERSONNEL

a. Guidance on Substitutions. During the first ninety (90) days of the contract performance period no Key Personnel substitutions by the Contractor will be made unless substitutions are necessitated by an individual's sudden illness, death, or termination of employment.

In any of these events, the Contractor shall promptly notify the Contracting Officer and provide the information required by paragraph (b) below. After the initial ninety (90) day period, all proposed substitutions must be submitted, in writing, at least 10 days in advance of the proposed substitutions to the Contracting Officer and provide information required by paragraph (b) below.

b. Request for Substitution. All requests for substitutions must provide a detailed explanation of the circumstances necessitating the proposed substitution, a resume for the proposed substitute, and any other information-requested by the Contracting Officer. All proposed substitutes must have qualifications equal to or higher than the qualifications of the individual replaced. The Contracting Officer or his/her authorized representative will evaluate such requests and promptly notify the Contractor of his/her approval or disapproval thereof.

H.4 LIST OF KEY PERSONNEL

The following personnel are identified as Key Personnel:

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• AT CONTRACT AWARD, CONTRACTING OFFICER WILL INSERT HERE

THE NAMES OF ACCEPTABLE KEY PERSONNEL FROM THE

SUCCESSFUL OFFEROR’S PROPOSAL

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SECTION I

EVALUATION AND AWARD PROCESS

I.1 EVALUATION OF PROPOSALS - PASS/FAIL

a. A proposal consists of Volume I (Offer), Volume II (technical proposal), and Volume III (price proposal) submitted by an Offeror responding to this Solicitation. Each non-covered company whose total price proposal exceeds $100,000 shall submit a Subcontracting Plan pursuant to Section L.13. Each Offeror shall submit a technical proposal and a price proposal, according to the guidelines presented in the following:

1. Section B, Price Proposal Form

2. Section C, Statement of Work

3. Section L, General Instructions and Information

NOTE: Offerors are advised that a one-word response, for example “comply”, to a mandatory requirement is insufficient and that such a response will receive a fail rating, thereby causing the entire proposal to be rated as fail.

b. Each technical proposal is subject to the same review and pass/fail analysis by the

Board’s technical evaluation team. Each proposal will first be examined to determine if the Offeror is responsible (see I.2). If any responsibility requirement is not demonstrated, the proposal will be rejected and will receive no further consideration. Technical proposals that meet all responsibility requirements will be subject to the pass/fail technical review described in subsection (c), below.

c. Technical Proposal (Pass/Fail). All proposals will be evaluated to determine technical acceptability based on the mandatory requirements in Section C.5 and conformance to the terms and conditions of the SOA. Technical acceptability will be evaluated based on pass or fail basis. In order to be determined to pass technically, and thus eligible for award, Offerors must meet the mandatory requirements of the SOA, including, as applicable, a Subcontracting Plan acceptable to the Contracting Officer. Technical proposals that meet all SOA requirements will receive a “pass” rating; technical proposals whose only deficiency is the Subcontracting Plan will receive a “conditional pass” rating.

d. A Board price evaluation team will review each Offeror’s price proposal as formatted according to Section B. Offerors are reminded that they must use the format set forth in Section B in submitting their price proposals. The price evaluation team will evaluate the price proposals for price reasonableness, realism, risk, and any other criteria set forth in Section B. The price evaluation team may reject unrealistically low or materially unbalanced offers.

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e. Covered Company Preference: If a covered company, as defined in Section M.25, is among the Offerors whose price proposal is being evaluated under this section, price will be adjusted as described in subparagraph 1, below. The adjusted price will be used as the final price when making an award decision.

1. Except for the acquisitions described in subparagraph 2., below, if a responsible covered company submits a responsive bid, quotation, or proposal, the Contracting Officer shall, for the purpose of price evaluation, add to each non-covered company’s proposal the following factor(s): three percent (3%) of the first $500,000, plus one percent (1%) for any amount of the bid, quotation, or proposal that exceeds $500,000. After applying this price adjustment, the Contracting Officer will evaluate the proposals and award the Contract as provided in paragraph g., below.

2. No price adjustment will be calculated in any of the following acquisitions, even if a covered company is a bidder: (1) the value of the contract is equal to or less than $100,000, (2) the acquisition is a set-aside under the Board’s Small and Disadvantaged Business Acquisition Policy, (3) the covered company has executed a waiver of the price preference, (4) price is not a factor in the evaluation, or (5) the contract is being awarded pursuant to the Trade Agreements Act or another international agreement.

f. The Offeror with the lowest price, acceptable proposal that also received a “pass” rating on its past performance evaluation and technical proposal will be awarded the Contract. If the Offeror with the lowest price received a “conditional pass” on its Subcontracting Plan, such Offeror will be awarded the Contract only if the Offeror timely agrees to amend the Subcontracting Plan in a manner acceptable to the Contracting Officer.

I.2 FACTORS TO DETERMINE A RESPONSIBLE OFFEROR

a. The Offeror shall provide financial statements for its two most recently completed fiscal years.

b. The Offeror shall disclose any actions pending before any body competent to rule on, adjudicate, or referee any legal dispute, including labor or workers’ compensation controversies, or bankruptcy filings.

c. Without additional expense to the Board, the Offeror shall possess and maintain, from the date of the Solicitation and throughout the Contract’s period of performance, any and all licenses and permits necessary to perform the work set forth in the Solicitation (i.e., licenses and permits required under Federal, State, and/or municipal laws, codes, and/or regulations applicable to the performance of the work). The Offeror shall indicate the type(s) of licenses and/or permits that have been issued to them, and the names of the

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d. The Offeror shall certify, as of the date of release of this Solicitation, that it has paid all taxes due, withholding or otherwise, and that it is not a party to any action by any taxing jurisdiction or authority to collect overdue or back taxes.

e. If an Offeror has financial statements that are weak, has any actions pending, has not obtained or retained the required licenses and/or permits, has any outstanding taxes, or fails to provide any other information required by this Solicitation, the Offeror shall fully explain such action or deficiency so that the Contracting Officer may have sufficient information to determine whether the Offeror is a responsible Offeror.

f. Upon the Contracting Officer’s request, Offerors shall submit information concerning their prior compliance with subcontracting plans required under previous contracts. The Contracting Officer will consider Offerors’ responses (including any failure to respond) in determining Offerors’ responsibility.

I.3 PROTESTS

Any actual or prospective Contractor who is aggrieved in connection with the solicitation or award of a contract may submit a written protest consistent with the provisions of Section M.23.

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SECTION J

CONTRACT ADMINISTRATION

J.1 CONTRACT TYPE

The Board plans to award a firm-fixed price contract to the successful Offeror.

J.2 PERIOD OF PERFORMANCE

The initial period of performance will consist of a base period plus four (4) one-year option periods, as shown below:

Period of Performance Start Date – End Date Base Period January 1, 2019 – December 31, 2019 Option Period One January 1, 2020 – December 31, 2020 Option Period Two January 1, 2021 – December 31, 2021 Option Period Three January 1, 2022 – December 31, 2022 Option Period Four January 1, 2023 – December 31, 2023

J.2.1 OPTION TO EXTEND CONTRACT

The Board may extend the Contract for four (4) one-year periods without formal recompetition, based on the Contractor’s satisfactory performance as determined by the COR at his/her sole discretion, continued project funding, and subject to a continuation of the Contract and the continued need for the Contractor to perform services under the Contract.

The Board may extend the Contract by giving written notice to the Contractor at any time prior to the Contract’s expiration date. If the Board exercises this option, the extended Contract shall be considered to include this option provision.

The total duration of this Contract including the exercise of any option under this clause shall not exceed December 31, 2023 without written modification to the Contract.

Negotiated extensions of the Contract beyond the option periods without formal competition are a Board prerogative and not a contractual right.

J.2.2 HOLIDAYS

The Board observes the following holidays: New Year’s Day, Martin Luther King Jr.’s Birthday, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day. The Contractor may perform work on these days, subject to the COR’s prior notification and approval.

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J.3 INVOICES

The Contractor shall submit invoices in arrears and on a thirty-day (30) cycle or in accordance with Clause 6, Payments, of the General Contract Provisions. The terms are net 30/prompt payment. All invoices shall show the contract number, contract line item numbers (CLINs), and modification number, if issued.

The Contractor shall submit invoices via electronic mail to MGT-Accounts-Payable@frb.gov or by facsimile to (202) 452-2840. If you submit your invoices by electronic mail or fax, please do not send invoices by postal mail.

If the Contractor does not have access to electronic mail or facsimile equipment, it may submit invoices by postal mail to:

Federal Reserve Board Accounting Section, Mail Stop 152

20th and C Streets, NW Washington, DC 20551

If any travel is authorized under this Contract, the Contractor shall attach to the invoice all documentation for travel expenses. The Contractor shall be reimbursed according to the Board's travel policy in effect on the date of travel.

J.4 CONTRACT MANAGEMENT

Contract management is as follows:

Name Title

Christine Fields Chief Acquisition Officer

Kimberly Briggs Manager, Procurement Operations

Helen Nguyen Contract Specialist

John Forbes COR

J.5 COR FUNCTIONS AND LIMITATIONS

John Forbes is designated the COR who represents the Contracting Officer in administering technical details within the scope of the Contract and in inspecting and accepting. The COR is not otherwise authorized to make any representations or commitments of any kind on behalf of mailto:MGT-Accounts-Payable@frb.gov

SOA (v. 07/10/2018) Page 26 of 83 the Contracting Officer or the Board. The COR does not have the authority to alter the Contractor's obligations or change the terms and conditions of the Contract. If, as a result of technical discussions, it is desirable to alter or change contract terms and conditions, changes will be issued in writing and signed by the Contracting Officer or his/her authorized representative.

Some of the types of actions within the scope of the COR's authority are:

a. To assure compliance of the Contractor's performance with Section C, the Statement of Work.

b. To perform or cause to be performed those inspections necessary to determine the

Contractor's compliance with the technical requirements and the Statement of Work.

c. To maintain both oral and written communications with the Contractor concerning those aspects of this Contract within his/her purview.

d. To monitor the Contractor's performance and to advise the Contract Officer of any deficiencies.

e. To coordinate the availability of Board-furnished property and services and to provide entry to the work area for the Contractor's personnel, as required.

f. To obtain the Contractor's proposal for a change order and to relay the information in a memo to the Contracting Officer.

g. To review invoices and, based on satisfactory performance of the terms and conditions of the Contract, to notify the Accounting Section that a payment should be made pursuant to the Contract.

h. To determine final acceptance of services provided under this Contract.

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SECTION K

REPRESENTATIONS AND OTHER STATEMENTS OF OFFEROR

The Offeror shall include one copy of Section K, Representations and Other Statements of Offeror, in Volume I (Offer). To make the offer binding, the Offeror shall complete all blocks of Section K, as required, type in the name of the authorized signing official in the space reserved for his/her signature, and sign the form on that space.

1. Small business concern

2. Regular dealer-manufacturer

3. Quotation acceptance period

4. Contingent fee

5. Type of business organization

6. Persons authorized to conduct negotiations for Offeror

7. Previous contracts and compliance reports

8. Affirmative action compliance

9. Equal employment compliance

10. Intended place(s) of performance or other establishment(s) from which the supplies are to be furnished or services are to be performed

11. Acknowledgment of amendments

12. Acknowledgement of duties, responsibilities, and authority

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REPRESENTATIONS AND OTHER STATEMENTS OF OFFEROR

K.1 SMALL BUSINESS CONCERN

The Offeror ( ) is, ( ) is not a small business concern.1 If the Offeror is a small business concern and is not the manufacturer of the supplies offered, it also represents that all supplies to be furnished hereunder ( ) will, ( ) will not be manufactured or produced by a small business concern in the United States, its possessions or Puerto Rico.

K.2 REGULAR DEALER-MANUFACTURER (applicable only to supply contracts exceeding $10,000).

The Offeror is a ( ) regular dealer in, ( ) manufacturer of the supplies offered.

K.3 QUOTATION ACCEPTANCE PERIOD

This quotation is valid for _______ days from _______. (A minimum of sixty (60) calendar days should be offered.)

K.4 CONTINGENT FEE (applicable only to supply contracts exceeding $100,000)

a. The Offeror ( ) has, ( ) has not employed or retained any company or person (other than a full-time, bona fide employee working solely for the Offeror) to solicit or secure this Contract; and

b. The Offeror ( ) has, ( ) has not paid or agreed to pay any company or person (other than a full-time, bona fide employee working solely for the Offeror) any fee, commission, percentage, or brokerage fee contingent upon or resulting from the award of this contract;

and

c. The Offeror agrees to furnish information relating to (a) and (b) above, as requested by the Contracting Officer.

If the Offeror, by checking the appropriate box, has represented that it has employed or retained a company or a person (other than a full-time bona fide employee working solely for the Offeror) to solicit or secure this Contract, or that it has paid or agreed to pay any

1 A small business concern for the purpose of government procurement is a concern, including its affiliates, which is independently owned and operated, is not dominant in the field of operation in which it is quoting on government contracts, and can further qualify under the criteria concerning number of employees, average annual receipts, or other criteria, as prescribed by the Small Business Administration.

(See Code of Federal Regulations, Title 13, Part 121, as amended, which contains detailed industry definitions and related procedures.)

SOA (v. 07/10/2018) Page 29 of 83 fee, commission, percentage or brokerage fee to any company or person contingent upon or resulting from the award of this contract, the Offeror shall provide a statement that:

1. Provides the full name and business address of any or all company(ies) or person(s) employed or retained to solicit or obtain this contract and indicate whether such is an individual, a partnership or a corporation.

2. Describes the relationship of the Offeror to such person or entity (for instance, a sales or purchasing representative, a broker, an employee, or a corporate officer or principal and,

3. Indicates whether a written contract or agreement exists regarding such relationship. If a contract exists, the Offeror must provide a copy of such contract; otherwise, it must state in detail the terms of such arrangement including the amount and the method of computation of compensation and expenses.

The Offeror shall submit two copies of this statement, each signed by an authorized principal. If the Offeror has previously submitted a completed statement to the office issuing this Solicitation, the Offeror may accompany its quotation with a signed statement (i) indicating when it previously furnished such completed form, (ii) identifying by number the previous solicitation or contract, if any, in connection with which it submitted such form, and (iii) representing that the statement in such form is applicable to this quotation.

K.5 TYPE OF BUSINESS ORGANIZATION

The Offeror operates as ( ) an individual, ( ) a partnership, ( ) a nonprofit organization, ( ) a corporation incorporated under the laws of the State of .

K.6 PERSONS AUTHORIZED TO CONDUCT NEGOTIATIONS FOR OFFEROR SHALL

BE THE FOLLOWING:

Name(s)/Title(s) Phone No(s)

K.7 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (NOTE: Applicable only to contracts or subcontracts that are not exempt from the equal opportunity compliance clause.)

The Offeror represents that:

a. It ( ) has, ( ) has not participated in a previous contract or subcontract subject either to the Equal Opportunity Compliance clause herein or the clause originally contained in Section 301 of Executive Order No. 10925, dated March 6, 1961, or the clause contained in Section 201 of Executive Order No. 11114, dated June 22, 1963;

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b. It ( ) has, ( ) has not filed all required compliance reports; and

c. It shall obtain representations indicating submission of required compliance reports, signed by proposed subcontractors, prior to subcontract award(s).

K.8 AFFIRMATIVE ACTION COMPLIANCE

The Offeror represents that it ( ) has, ( ) has not less than fifty (50) employees.

The Offeror represents that it ( ) has, ( ) has not developed and maintained at each of its establishments a written affirmative action compliance program policy.

K.9 EQUAL EMPLOYMENT COMPLIANCE

By submission of this offer, the Offeror represents that:

a. To the best of its knowledge and belief, except as noted below, up to the date of this offer no written notice such as a show cause letter, a letter indicating probable cause, or any other written notification citing specific deficiencies, has been received by the Offeror from any Federal government agency or representative that the Offeror or any of its divisions or affiliates or known first-tier subcontractors is in violation of (i) any of the provisions of Executive Order 11246 of September 24, 1965, as amended, or (ii) the rules and regulations of the Secretary of Labor and specifically as to not having an acceptable Affirmative Action Compliance Program or being in noncompliance with any other aspect of the Equal Employment Opportunity Program.

b. Should there be any change (i) in the Offeror's status or circumstances between this date and the date of expiration of this offer or any extension thereof, or (ii) during any Contract's performance period or extension thereof resulting from this Solicitation, the Offeror will promptly notify the Contracting Officer.

K.10 INTENDED PLACE(S) OF PERFORMANCE OR OTHER ESTABLISHMENT(S)

FROM WHICH THE SUPPLIES ARE TO BE FURNISHED OR SERVICES ARE TO

BE PERFORMED

The Offeror shall stipulate in its offer the following: the plant(s) where the work is to be performed, the street address(es), and the name(s) and address(es) of the owner(s) and operator(s) if other than the Offeror. If more than one plant is specified, information must be submitted as to the percentage and the extent of the work that is to be done in each plant listed.

Company Name

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Street Address

City/County/State/Zip Code

NOTE: If additional space is needed, attach an addendum.

K.11 ACKNOWLEDGMENT OF AMENDMENTS

Amendment No. Date

K.12 ACKNOWLEDGMENT OF DUTIES, RESPONSIBILITIES AND AUTHORITY

The undersigned acknowledges his/her company's understanding that:

a. The Board's Contracting Officer is the only person authorized to sign contracts or contract modifications on behalf of the Board.

b. The Board's Contracting Officer is the only person authorized to issue change orders to

Board contracts. The Contracting Officer will only issue changes in accordance with the changes clause of the General Contract Provisions.

c. A person designated in any Board contract as a representative of the Contracting Officer to inspect and accept products or services on behalf of the Contracting Officer or to provide technical oversight during contract performance, does not have the authority to make changes to the contract terms and conditions for any reason whatsoever. Such person may have the designation of COR or Contracting Officer's Representative, or any other designation.

d. As a Contractor for the Board, any services performed or products delivered not specifically required under the Contract terms and conditions shall be provided at the Contractor's own expense and the Contractor shall not file any claim for reimbursement from the Board.

This acknowledgment is a material representation of fact upon which reliance will be placed by the Board in any contract agreed to as a result of this solicitation.

Company Name and Address (Typed)

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Name and Title (Typed)

Date

Signature

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SECTION L

GENERAL INSTRUCTIONS AND INFORMATION

L.1 GENERAL INSTRUCTIONS

a. A Solicitation, Offer, and Award form, completed and signed by the Offeror, constitutes the Offeror's acceptance of the terms and conditions of this solicitation. The Offeror shall type in the name of the authorized signing official in Block 15 of the Solicitation, Offer, and Award form. The form shall be executed by a representative of the Offeror who is authorized to commit the Offeror to contractual obligations.

b. The Offeror is expected to examine the entire solicitation document. Failure to do so shall be at the Offeror's own risk.

c. Each Offeror shall furnish all information required by this Solicitation. The Offeror shall also fill in all blocks of Section K as required, and shall enter in the name of the authorized signing official in the space reserved for his/her signature.

L.2 QUALIFICATION OF PROSPECTIVE CONTRACTOR

The Board will consider proposals only from Offerors who are regularly established in the business called for, and who are financially responsible and able to show evidence of their reliability, capability, and experience. The Offeror shall have the equipment, facilities, and personnel directly employed or supervised by it to render prompt and satisfactory performance at the time of award. If the Offeror intends to subcontract any portion of the operation, it shall be so stated in its proposals. The qualifications of the identified subcontractor(s) will then be considered along with those of the prime Contractor.

L.3 CONDITIONS

a. This Solicitation does not commit the Board to pay any cost incurred in the preparation or submission of any proposal. The Board is not liable for any costs incurred in anticipation of a contract award. The Contracting Officer, at his/her sole discretion, may allow those costs that if incurred after contract award would be allowable.

b. This Solicitation in no way obligates the Board to award a contract(s), and the Board reserves the right to reject any and all offers for any reason that the Contracting Officer determines.

c. The Board reserves the right to award to other than the low-priced Offeror.

d. The Board reserves the right to award a contract(s), after receipt of proposals, without further discussion. Therefore, it is emphasized that all proposals should be submitted

SOA (v. 07/10/2018) Page 34 of 83 initially on the most favorable terms from a price and technical…