20Q0032 Commercial Solicitation.docx

N6893620Q0032

Section A - Solicitation/Contract Form

CLAUSES INCORPORATED BY FULL TEXT

FOR YOUR INFORMATION:

The following addresses and points of contact are provided:

CONTRACT SPECIALIST

U.S. Postal Service Mailing Address:

Direct Delivery Address (UPS, FedEx, etc):

CONTRACTING OFFICER

U.S. Postal Service Mailing Address:

Direct Delivery Address (UPS, FedEx, etc):

NOTICE TO OFFERORS:

1. This acquisition is being conducted under FAR Part 12 – Acquisition for Commercial Items and FAR Part 13 – Simplified Acquisition Procedures, and is a Total Small Business Set Aside under FAR 19.502-2. This solicitation is a Request for Quote (RFQ).

1. Offerors may submit questions requesting clarifications to the solicitation requirements as specified in the Section L Instruction to Offerors Addendum.

1. Partial Delivery and Partial Payment is not acceptable.

1. The Contracting Officer has designated the following as an authorized Contracting Officer's Representatives (COR): COR 1: [*To be completed at award] to perform the following functions, duties, and/or responsibilities:[*To be completed at award]. The Contracting Officer has designated the following as an authorized Alternate Contracting Officer's Representatives (ACOR): ACOR 1: [*To be completed at award] to perform the functions, duties, and/or responsibilities outlined below in the absence of [*To be completed at award]. ACOR 1 Functions, Duties, and/or Responsibilities:[ *To be completed at award]

1. FAR Clause 52.217-8 is not incorporated in Section I of this solicitation and there will be no extension. In accordance with the limitations set forth in DFARS 216.601(d)(i)(A)(1), this contract base period plus all options is three years or less.

Section B - Supplies or Services and Prices

Base Year: Psychologist Labor T&M The contractor shall provide a Psychologist in accordance with (IAW) the Performance Work Statement (PWS) in Section C.

FOB: Destination

PURCHASE REQUEST NUMBER: 1300763701

PSC CD: Q526

TOT ESTIMATED PRICE

CEILING PRICE

Base Year: Medical Examinations

FFP

The contractor shall provide medical evaluations as necessary to support this effort IAW with the ELIN Matrix as Attachment 3 in Section J. Medical examination costs may include applicable indirects, i.e., but are not fee bearing.

FOB: Destination

NET AMT

Base Year: Travel T&M The contractor shall provide travel as necessary to support this effort IAW the PWS in Section C and FAR Clause 52.212-4 Alt. I. Travel costs may include applicable indirects, i.e., but are not fee bearing.

TOT ESTIMATED PRICE

CEILING PRICE

T&M The contractor shall provide a Psychologist IAW the PWS in Section C.

TOT ESTIMATED PRICE

CEILING PRICE

FFP

The contractor shall provide medical evaluations as necessary to support this effort IAW with the ELIN Matrix as Attachment 3 in Section J. Medical examination costs may include applicable indirects, i.e., but are not fee bearing.

NET AMT

T&M The contractor shall provide travel as necessary to support this effort IAW the PWS in Section C and FAR Clause 52.212-4 Alt. I. Travel costs may include applicable indirects, i.e., but are not fee bearing.

TOT ESTIMATED PRICE

CEILING PRICE

T&M The contractor shall provide a Psychologist IAW the PWS in Section C.

TOT ESTIMATED PRICE

CEILING PRICE

FFP

The contractor shall provide medical evaluations as necessary to support this effort IAW with the ELIN Matrix as Attachment 3 in Section J. Medical examination costs may include applicable indirects, i.e., but are not fee bearing.

NET AMT

T&M The contractor shall provide travel as necessary to support this effort IAW the PWS in Section C and FAR Clause 52.212-4 Alt. I. Travel costs may include applicable indirects, i.e., but are not fee bearing.

TOT ESTIMATED PRICE

CEILING PRICE

NSP

The contractor shall provide data IAW Exhibit A, in Section J, Contract Data Requirements List DD Form 1423. This CLIN is not separately priced.

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

FOR

PERSONNEL SECURITY (PERSEC)

MEDICAL EVALUATIONS

1.0 BACKGROUND AND SCOPE

1.1 Background

This requirement is to provide personnel security related medical evaluation services in support of the Naval Air Warfare Center Weapons Division (NAWCWD) Personnel Security (PERSEC) Office and the Department of Defense Central Adjudicative Facility (DODCAF). The services will be provided for civilian employees and military members at NAWCWD China Lake and Point Mugu, CA sites. The China Lake site of the NAWCWD and the Naval Air Weapons Station (NAWS) China Lake are located adjacent to the City of Ridgecrest, approximately 150 miles north of Los Angeles in Southern California’s Mojave Desert. China Lake has various remote sites that are located within a 50-mile radius of the main complex. The Point Mugu site of NAWCWD is located on the Pacific Coast, approximately 53 miles northwest of Los Angles, California. Point Mugu has a remote site located at San Nicholas Island (SNI), off the coast of Southern California.

1.2 Scope of Work

The scope of this requirement is to provide professional medical evaluation services through the NAWCWD PERSEC Office for civilian employees and military members at China Lake and Point Mugu, CA. The purpose of this requirement is to determine eligibility of Department of Defense (DoD) military and civilian personnel, affiliated with the DoD, for access to classified information, Special Sensitive, Critical Sensitive, Non-Critical Sensitive, acceptance or retention in the Armed Forces, assignment or retention in Special Sensitive, Critical Sensitive, Non-Critical Sensitive duties, or other designated duties requiring professional medical evaluations. The contractor shall provide the requested medical evaluation utilizing professional standards, testing, and tools in assessing an employee then provide a written report of their findings to DODCAF via NAWCWD PERSEC. DODCAF will utilize the contractor’s evaluation results to determine the employee’s eligibility to access and safeguard information relating to National Security and make final security clearance determination in accordance with DoD personnel security policies and procedures as set forth in the DODM 5200.02. Personnel Security Program, January 1987. The contractor shall not provide a recommendation concerning the employee’s eligibility, as illustrated in paragraph 3.3.3.

PERSEC medical evaluations are necessary in assessing an employee’s eligibility to obtain or maintain access to information related to National Security and DoD Information Technology (IT) systems. Depending on the specific circumstances, an employee may require a medical evaluation to assist in the determination of factors that could affect job performance and/or conduct. The type of evaluations shall include, but are not limited to, medical, psychological, psychiatric, emotional, sexual conduct, or substance use conditions, which could impair his or her judgment, reliability, or trustworthiness.

1.3 Contract Work Environment

The performance will take place at the contractor’s facility within commuting distance of China Lake and Point Mugu, CA. Employees must be able to commute to the contractor’s office within the local commuting area of NAWCWD at China Lake. For the Point Mugu site, employees will be transported to China Lake via Navy provided air shuttle services. For those employees who are unable to utilize the Navy air shuttle, the contractor will be required to travel to Point Mugu and will be reimbursed travel expenses in accordance with Joint Travel Regulation (JTR) Per Diem rates, in addition to their contracted service charges. For San Nicholas Island (SNI), the government will be responsible for transporting the employee when the need arises.

2.0 APPLICABLE DOCUMENTS

The following is a list of the required applicable documents for PERSEC operations:

(1) DoDM 5200.02

(2) SECNAVINST 5510.30B

(3) 5 United States Code (USC), Part 552A (Privacy Act)

3.0 REQUIREMENTS

For the purposes of military service standard and compliance with DoD personnel security policies and procedures, the Government requires professional medical examination services for NAWCWD civilian employees and military members, as stated in the following paragraphs.

3.1 Referrals.

The contractor shall provide professional medical examination services as requested. All requests will be made through the NAWCWD 7.4 Security Office at China Lake, CA. The contractor shall not accept requests for an evaluation unless the Contracting Officer Representative (COR), Technical Point of Contact (TPOC), or Alternative Technical Point of Contact (TPOC) has authorized the evaluation and assigned a billing number.

3.2 Expertise.

The contractor shall maintain a comprehensive mental health care operation that includes sufficient expertise to diagnose or recommend actions as a result of the medical examination. Experience with forensic examinations or other high-stakes psychological evaluations is highly desirable.

3.3 Medical Evaluations.

A face-to-face medical examination is required for any employee who exhibits potentially disqualifying behavior, mental or emotional disorders, or substance abuse. Telemedicine exams are not sufficient to conduct examinations. A medical evaluation will determine whether any medical, psychological, psychiatric, emotional, or other conditions exists that could affect the individual’s judgment, mental stability, or reliability.

3.3.1 The contractor shall perform evaluations that include objective psychological measures as well as a mental status examination including a discussion of the examinee’s relevant psychological history and behaviors related to the security questions detailed in Section 3.4. Additional testing and/or interviews of the examinee may be requested by COR, TPOC, or ATPOC if the initial evaluation does not provide sufficient information to security professionals to make an informed decision about the examinee’s trustworthiness. The contractor may administer additional tests upon request and approval by the COR, TPOC, or ATPOC.

3.3.2 Once notified by the COR, the contractor shall conduct an evaluation concerning one of the areas as determined and requested by the COR. The applicable medical considerations listed below may be helpful in conducting the evaluation. The factors may not be all inclusive and the contractor need not limit its evaluation or examination to these issues. Any information, which would assist in the adjudication process, may be used.

3.3.3 The contractor shall ensure that sensitive detailed information concerning the employee that is provided by the Government is safeguarded and kept confidential. This information shall not be released to the individual or anyone else, and it may not be copied or retained in the evaluator’s files. Any background materials provided to the contractor to inform the contractor of the behavioral issues of concern will be returned to the NAWCWD security office at the time the written report is submitted for review. The background materials and the written report may be hand-delivered, or delivered via certified mail or other approved method which ensures a clear chain of custody of the record at all times. Also, be advised that the Government is seeking the contractor’s medical diagnosis and prognosis with an emphasis on judgment and reliability. The Government is not seeking a medical recommendation as to the individual suitability for employment or security eligibility. It is more important for the contractor to address the following elements, which are listed under the section “Types of Evaluations/Evaluation Elements.” Reports need not be lengthy; however, all reports must be:

1) Completed by a qualified examiner (psychiatrist or psychologist for a psychological/medical evaluation; a psychiatrist, psychologist, social worker, or physician for a Substance abuse evaluation);

2) Informed by all available information;

3) Complete, including all elements listed below;

4) Internally consistent, with the recommendations following from the evaluation data.

3.4. Types of Evaluations/Evaluation Elements.

The evaluation elements listed below which directly correlate to the evaluations that are listed in the ELIN Matrix Attachment 3 are identified as conditions that could raise security concern and would require adjudication in accordance with the adjudication policy guidance in the DODM 5200.02, to determine whether a person is eligible for access to classified information, access to DOD IT systems, or assignment to sensitive duties. These factors may not be all inclusive and the contractor need not limit its evaluation or examination to these issues. Any information, which would assist in the adjudication of the case, would be most helpful. The contractor shall conduct an evaluation concerning the areas below.

3.4.1 Mental/Emotional Issues. If the issue involves mental/emotional conditions, please provide the following:

1) An outline of the methods used in the evaluation (i.e. psychological testing/clinical interviews);

2) A narrative case history of the subject’s condition;

3) Results of any psychological tests;

4) The date of onset of the condition;

6) The subject’s degree of adherence to the recommended treatment plan (e.g., medication, psychotherapy, Electro-convulsive Therapy (ECT); Transcranial Magnetic Stimulation (TMS), etc.;

7) The subject’s participation in treatment was voluntary or involuntary;

9) A prognosis regarding the subject’s condition; (e.g., poor, guarded, fair, good, excellent);

10) Whether the subject's condition is under control or in remission;

3.4.1.1 Under the circumstances specified, the contractor shall provide the following information:

2) If the subject does not have a formal diagnosis of a disorder, does the subject’s behavior nonetheless cast doubt on his/her judgment, reliability or trustworthiness? These behaviors may include, but are not limited to emotionally unstable, irresponsible, dysfunctional, violent, paranoid, or bizarre behaviors. If so, the contractor shall specify the nature of the subject’s behavior and how it could impair judgment, reliability or trustworthiness.

3.4.1.2 The contractor shall conclude the report with a clear statement addressing whether the subject’s emotional condition could affect his or her judgment or reliability.

3.4.2 Sexual Conduct Issues. If the issue involves sexual conduct issues, the contractor shall provide the following information (in addition to the above):

1) What is the history or extent of the conduct?

4) Is the conduct likely to recur? If so, under what circumstances?

5) Has the subject sought help for his or her condition?

6) If so, did the subject voluntarily seek treatment?

7) Is the individual aware of the seriousness of the conduct?

10) Can the individual's conduct be a basis for vulnerability to blackmail, pressure, or coercion?

3.4.2.1 If the individual's condition is currently under control or in remission, indicate the probability of recurrence or exacerbation, and indicate whether ongoing treatment is recommended.

3.4.2.2 If the subject does not have a formal diagnosis of a disorder, does the subject’s behavior nonetheless cast doubt on his or her judgment, reliability or trustworthiness?

1) Compulsive

2) Self-destructive

3) High-risk

4) Reflective of a lack of discretion or judgment

5) Of a criminal nature (whether or not the individual has been prosecuted)

3.4.2.3 The contractor shall conclude the report with a clear statement addressing whether the subject’s sexual conduct could affect his or her judgment or reliability.

3.4.3 Substance Abuse. If the issue involves substance abuse, the contractor shall provide the following information (in addition to the above):

1) What is the subject’s current level of alcohol/drug use?

4) Has the individual engaged in habitual or binge substance use to the point of impaired judgment?

5) Has the subject failed to follow court orders regarding alcohol education, evaluation, treatment, or abstinence?

6) Has the individual's physical or mental health deteriorated as a result of his or her substance use?

7) Does the subject acknowledge his or her issues of substance use?

8) Under what circumstances is the subject’s substance use likely to recur?

9) Can the individual's substance abuse be a basis for vulnerability to blackmail, pressure, or coercion?

3.4.3.1 If the subject meets criteria for a DSM-5 substance use disorder, the contractor shall identify the severity of the condition (e.g., Mild, Moderate, Severe) and provide the following information:

1) What is the subject’s prognosis?

2) Has the subject recently shown evidence of substance withdrawal (per DSM 5 criteria)?

3.4.3.2 If the subject has shown evidence of excess alcohol consumption, whether or not the behavior met criteria for an alcohol use disorder, the contractor shall provide the following information:

1) Has the subject established a pattern of abstinence or responsible use of alcohol?

2) Is the subject’s current pattern of alcohol use in accordance with treatment/legal recommendations?

3.4.3.3 If the subject has shown evidence of illegal drug involvement or misuse of a prescription drug, whether or not the behavior met criteria for a substance use disorder, the contractor shall provide the following information:

3.4.3.4 The contractor shall conclude the report with a clear statement addressing whether the subject’s alcohol consumption or drug involvement could affect his or her judgment or reliability.

3.5 Time Frame.

The contractor shall initiate evaluation services within five (5) working days (based upon the NAWCWD work schedule) of request, and shall provide the completed medical evaluation report to the COR, TPOC or ATPOC within two weeks after the employee has been tested. (A001).

3.6 Key Personnel/Changes in Staff.

The contractor shall notify the NAWCWD in writing immediately when there will be a change in staff that impacts this contract. Replacement of key personnel must be approved by the COR and the Contracting Officer (as identified in Section 4.0).

3.7 License.

Clinicians under this contract are responsible for maintaining a current clinical license to include obtaining continuing education units (CEUs) as required by their discipline and licensing body. Licensing fees and other costs related to maintaining a current license are not the responsibility of the Government.

3.8 Roster.

The Contractor shall provide a roster of contractor personnel employees under this contract to the COR not later than the contract start date. The roster shall include employee name, social security number, date of birth, place of birth, driver’s license number, position title, security clearance (if applicable), home address, and phone numbers. The personnel roster shall be updated and forwarded to the COR as changes occur and within 24 hours of changes of Key Personnel. (A002)

3.9 Individual Credentials File (ICF).

The contractor shall establish and maintain an ICF for all contractor personnel. The ICF will contain items such as a copy of pertinent diplomas, current licenses, proof of liability insurance, results of credentials review and privileging and verification of continuing education. The contractor is responsible for ensuring the NAWCWD Security receives a copy of all information placed into the ICF for every individual under the contract.

4.0 QUALIFICATIONS

4.1 The contractor shall be responsible for employing personnel having at least the minimum level of education, training, and experience as stated under each labor category specified herein. The contractor and all key personnel will have no history of malpractice findings in the past ten (10) years. The contractor must notify the COR and Contracting Officer within 5 days of any new malpractice actions which occur during the term of this contract.

NAWCWD reserves the right to terminate the contract if malpractice actions against the contractor/key personnel arise during the contract period.

4.2 Key Personnel are those who will be performing Key Labor Categories as specified for applicable labor categories below.

4.3 Labor Qualifications: The following lists the minimum labor category, education and experience requirements, and the functional descriptions for each labor category:

Psychiatrist: Psychiatrists must have an Medical Doctorate (MD) degree, be licensed in the State of California as a physician, be a Board Certified (American Board of Psychiatry and Neurology) and have a minimum of 7 years’ experience (5 of which must have been continuous immediately prior to the date of this contract) *Key

Psychologist: Psychologists must have a Doctor of Philosophy (PD.D.). or a Doctor of Psychology (Psy.D.), and must have been licensed and practicing in the United States of America for the last five years, and be licensed to practice psychology in the State of California. *Key

5.0 SECURITY

5.1 In the case of an unclassified contract that requires no access to Classified Military Information (CMI), but that does require access to Controlled Unclassified Information (CUI), NAWCWD Restricted Areas, and/or Government IT systems, contractors are required to comply with non-NISP processing requirements before local access to CUI, Restricted Areas, and IT can be granted. This process shall be coordinated by the Contracting Officer’s Representative (COR) or Technical Point of Contact (TPOC) through the NAWCWD Industrial Security Office.

5.2 Information Security.

Direct Support contractor personnel working under the purview of a DoN Commanding Officer/Commander shall comply with the local security provisions and the requirements of SECNAV M-5510.36 (series). The contractor shall implement and maintain security procedures and controls to prevent unauthorized disclosure of controlled unclassified information and to control distribution of controlled unclassified information in accordance with DoD 5220.22-M, National Industrial Security Program Operating Manual (NISPOM), and SECNAV M-5510.36 For Official Use Only information generated and/or provided under this contract shall be marked and safeguarded as specified in DoDM 5200.01, Information Security Program Manual (Volume 4) available at http://www.dtic.mil/whs/directives/corres/pdf/520001_vol4.pdf . Contractor shall not store or transmit CUI on personal information technology systems or via personal e-mail. Unclassified e-mail containing any DoD CUI shall be encrypted. Prior to sending CUI to any non-Navy Marine Corps Internet (NMCI) addressees, the sender must first positively verify all recipients are authorized access to CUI and have need-to-know. Non-NMCI recipients must have a DoD compliant Private Key Infrastructure (PKI) certificate that enables electronic transmission via unclassified networks while protecting the CUI with a digital signature and encryption.

5.3 Operations Security (OPSEC).

The contractor shall comply with the OPSEC requirements outlined within the DD Form 254.

The Contractor shall develop, implement, and maintain an OPSEC program to protect controlled unclassified activities, information, equipment, and material used or developed by the Contractor and any subcontractor during performance of the contract. The Contractor shall be responsible for the subcontractor implementation of the OPSEC requirements. The OPSEC program shall be in accordance with National Security Decision Directive (NSDD) 298, and at a minimum shall include:

1) Assignment of responsibility for OPSEC direction and implementation.

2) Issuance of procedures and planning guidance for the use of OPSEC techniques to identify vulnerabilities and apply applicable countermeasures.

3) Establishment of OPSEC education and awareness training.

4) Provisions for management, annual review, and evaluation of OPSEC programs.

5) Flow down of OPSEC requirements to subcontractors when applicable.

5.4 Public Release.

Disclosure of information is covered by DFARS 252.204-7000 Disclosure of Information, incorporated in Section I of the contract. Concerning subsection (a)(2), “information otherwise in the public domain” is information officially released into the public domain, e.g. via Distribution Statement A, and does not include information in the public domain that has not been officially released. For disclosure of unclassified information that has not been officially released, the Contractor must seek specific approval from the Contracting Officer in consultation with the Security Department.

6.0 RELEASE OF INFORMATION

The contractor shall provide full access to all information regarding the employee and shall disclose and discuss any and all details/findings with the COR, TPOC, ATPOC and DODCAF staff personnel assigned to the case, while protecting this information from all others.

It is important for the subject to be informed about the limits of confidentiality. This is best accomplished by the clinician including a statement in his or her report which indicates that the subject has been informed that the purpose of the evaluation is to determine whether the subject may have a psychological condition or substance use disorder which may reasonably impact his or her reliability and judgment, particularly as these factors may pertain to performing sensitive National Security duties. The evaluation is not being conducted for the subject's clinical benefit; as such, the subject should have no expectation that the information that he or she provides to the examiner will not be shared with those who have a need to know (e.g., the NAWCWD Security Department personnel, COR, TPOC, ATPOC, DOHA, and DODCAF). If necessary, the examiner should be prepared to explain or discuss clinical findings with the NAWCWD security office or a duly qualified mental health professional employed by the U.S. Government.

If the individual requests a copy of any investigative files, or other information provided for your consideration, please refer him/her to their Command Security Manager. Under no circumstances may information be released to the individual. If the individual requests a copy of a medical evaluation, please follow the standard procedures for release of that information.

6.1 Consultation.

Based on the outcome of the medical evaluation, the contractor shall advise and consult with the NAWCWD management, including but not limited to Base Commander, Chief of Staff, Department Heads, etc., to identify problem areas and develop strategies for successful resolution in areas of mental health programs, wellness programs, psychological suitability of personnel, and other related areas as required by the TPOC.

6.2 Testimony.

The contractor may be called upon to testify at administrative hearings to provide expert testimony on psychiatric information concerning employees who have been referred for evaluation under this contract. A minimum of one-hour billing time may be billed.

6.3 Records/Case Files.

All records of PERSEC are under the jurisdiction of the NAWCWD Commander. Records shall be available to the PERSEC TPOC immediately upon request. All clients’ records shall be submitted to the TPOC on a quarterly basis with any exceptions being addressed to the TPOC. Upon completion or termination of the contract, the contractor shall surrender all records to the PERSEC TPOC within 14 days. Clients’ cases may only be discussed between professional PERSEC staff for case management purposes. Confidentiality of clients shall be protected.

7.0 REPORTS, DATA, AND OTHER DELIVERABLES

7.1 Medical Evaluation Report (A001)

7.2 Contactor Personnel Roster (A002)

7.3 Travel Trip Report (A003)

8.0 TRAVEL

8.1 The contractor may be required to travel in performance of this contract to Point Mugu, CA approximately three times a year to evaluate the NAWCWD employees who cannot travel to China Lake, CA for evaluation. All travel shall be in accordance with the Joint Travel Regulations (JTR) and IAW FAR Clause 52.212-4 Alt. I.

8.2 The contractor shall obtain approval from the COR prior to going on travel.

8.3 The contractor shall submit a trip report to the COR, no later than five (5) days after completion of the trip (A003).

9.0 QUALITY SURVEILLANCE AND PERFORMANCE STANDARDS

A Quality Assurance Surveillance Plan (QASP) will be used by the Government to provide surveillance. A copy of the QASP is provided as Attachment 1, in Section J, for informational purposes only.

10.0 SPECIAL BILLING INSTRUCTIONS

10.1 Billing is separate from the required invoice required in Section G for contractor payment. None of the following information is to appear on the invoice submitted to Wide Area Work-Flow (WAWF):

C-TXT-ECMRA REQUIRED ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION (ECMRA) INFORMATION (NOV 2017)

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

DELIVERY INFORMATION

31-JUL-2021

DAVID SHIPLEY

1 ADMINISTRATION CIRCLE M/S 1301

BLDG 1027, RM 206

CHINA LAKE CA 93555

(760) 939-3249

N68936

31-JUL-2021

N68936

31-JUL-2021

N68936

31-JUL-2022

N68936

31-JUL-2022

N68936

31-JUL-2022

N68936

31-JUL-2023

N68936

31-JUL-2023

N68936

31-JUL-2023

N68936

31-JUL-2023

N68936

Section G - Contract Administration Data

**If a "Combo" document type is identified but not supportable by the Contractor's business systems, an "Invoice" (stand-alone) and "Receiving Report" (stand-alone) document type may be used instead.

POC: *____________________________________________________________________________ ALT POC: *____________________________________________________________________________

*To be completed at the time of award.

*To be completed at the time of award.

Section I - Contract Clauses

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (OCT 2018)

(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 41 U.S.C. chapter 71, Contract Disputes'', 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 or 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, 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…