69727618Q000023__BRF_MEDICAL_EXAMS_1.pdf
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MEDICAL SURVEILLANCE PROGRAM
EXAMINATIONS
DOT MARAD BEAUMONT RESERVE FLEET
STATEMENT OF WORK
Table of Contents
I. AUTHORITY AND SCOPE
II. PURPOSE
III. SERVICES AND CONDITIONS
IV. OCCUPATIONAL HEALTH FACILITY RESPONSIBILITIES
V. V. BEAUMONT RESERVE FLEET RESPONSIBILITIES
VI. GENERAL RESPONSIBILITIES/CONDITIONS
VII. REPORTING REQUIREMENTS
VIII. BILLING FOR OCCUPATIONAL HEALTH MEDICAL EXAMS
Medical Surveillance Program 2018
Statement of Work
I. AUTHORITY AND SCOPE
Pursuant to the provisions of the Maritime Administration’s (MARAD)
“Action Plan for the Control of Asbestos Exposure in MARAD Programs,”
MARAD is entering into a contract with an Occupational Health Medical
Facility (FACILITY), employing an Occupational Health Physician
(PHYSICIAN), Nurses and Certified Medical Technicians to provide occupational medical/physical examinations to designated MARAD employees assigned to the Beaumont Reserve Fleet (BRF), Beaumont, Texas.
II. PURPOSE
The health risks of occupational exposures to asbestos and hazardous materials are becoming well known. In order to limit preventable illnesses and to provide medical surveillance to the BRF employees who may have been exposed to potentially hazardous materials and chemicals in the past, MARAD’s Occupational Medical Surveillance Program provides medical/physical examinations and laboratory tests to these employees.
III. SERVICES AND CONDITIONS
Occupational medical health surveillance shall be provided to designated
BRF employees who have been, are, or will be exposed to potentially hazardous material and conditions (for example: asbestos, lead, excessive noise) as outlined in 29 CFR 1910.1001. For the purpose of this contract, asbestos includes crysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos and any of these minerals that have been manufactured or chemically treated or altered. The FACILITY shall be responsible for providing and performing the following occupational medical/physical examination types, unless otherwise specified in this
Statement of Work:
1. Basic Periodic Examinations
Asbestos/Occupational Health Medical Examinations are to be provided to detect early or subclinical effects as a result of accidental or inadvertent over exposure to potentially hazardous substances, and to monitor for unanticipated effects of long-term low level exposure to specific biological, chemical and physical agents.
These examinations shall be given to all designated BRF employees authorized to participate in this Surveillance Program, and will consist of the following:
a) Hands On Physical Examination conducted by a qualified
Occupational Health Physician in accordance with current and acceptable medical practice (including basic vision screening, height/weight measurements, blood pressure reading, etc.).
b) Medical Laboratory Tests as follows:
* Blood Chemistries:
CHEM 6 = Glucose
Sodium
Chloride
BUN (Blood Urea Nitrogen)
K+ (Potassium
Carbon Dioxide
HDLT = High Density Lipid Triglycerides
CBC = Complete Blood Count
PSA = Prostate Specific Antigen
(To male employees age 40
Years and over)
* Urinalysis = Dip w/micro
(dipstick + microscopic exam for WBC’s, RBC’s Bacterial, casts, crystals, Trichomonas, yeast and epithelial cells
(transitional, renal, squamous)
* Hemocult Test = Three (03) stool specimens
* Lead Testing = Blood sample and analysis which determines blood lead level and the
ZPP test
c) Audiometric Hearing Test administered in a sound attenuated booth based on guidelines established in 29 CFR 1910.95. The audiometric hearing test shall also be performed in compliance with specifications prescribed by the American National Standards
Institute, S3.6-1969, Specifications for Audiometers (or latest revision thereof), and in a room whose background noise meets the requirements of the American National Standards Institute S3.1-1977, Criteria for Permissible Ambient Noise During Audiometer Testing
(or latest revision thereof).
d) . Pulmonary Function Test - Spirometry test consisting of simple measurements of lung ventilation, including Forced Expiratory
Volume in one second (FEV) and Forced Vital Capacity (FVC) which meets, as a minimum, the OSHA/NIOSH standards/requirements.
Such tests shall be performed, calculated and interpreted in accordance with the current NIOSH standards. The FACILITY’s technician/nurse who administers the pulmonary function test shall be certified technician/nurse and/or supervised by a licensed physician.
e) Electrocardiogram (EKG) - An electrocardiogram, consisting of a Standardized 12 lead testing shall be administered to the BRF employees. A record of the electric potentials associated with electric currents that traverse the heart, which can be used to diagnose heart disease, shall be maintained.
f) A Comprehensive, Occupational History detailing prior exposure to potentially harmful chemical or physical respiratory hazards, particularly asbestos, is to be developed. Any adverse effects related to the exposure are to be recorded. A respiratory history, with emphasis on the presence of respiratory symptoms and smoking is to be recorded.
g) A Judgment of the Employee’s Ability to Use Respiratory Equipment shall be made. The PHYSICIAN shall provide the BRF a certification of fitness for respirator use.
h) Any Additional or Follow-up Occupational Health Related
Examinations. /Medical Laboratory Tests deemed appropriate/necessary by the PHYSICIAN, must be PREAPPROVED by BRF.
i) Additional or follow-up occupational health related examinations, medical laboratory tests, consultations and training may be authorized by BRF if deemed appropriate/necessary by the PHYSICIAN.
2. Chest X-Rays (Posterior and Anterior)
In accordance with OSHA Standard 29 CFR 1910.1001, and the “Frequency of Chest Roentgenograms, Table 1 (see below), 14" x 17" posterior and anterior chest x-rays shall be taken. It will be the responsibility of the
FACILITY to screen employee’s prior medical records and compare the information with the following chart to determine whether employee is due for a chest x-ray. The x-ray films shall be locally screened for clarity and quality. It will be the FACILITY’S responsibility to have the x-ray films interpreted by Board Certified “B” Reader, Radiologist. It will be the
FACILITY’S responsibility to provide the x-ray films (current and previous year) to the Radiologist for comparison and interpretation.
TABLE 1
FREQUENCY OF CHEST ROENTGENOGRAMS
AGE OF EMPLOYEE
15 TO 35 35+ TO 45 45+
YEARS SINCE
FIRST EXPOSURE
0 TO 10........................ EVERY 5 YRS EVERY 5 YRS EVERY 5 YRS
10+............................... EVERY 5 YRS EVERY 2 YRS EVERY YR
If an employee’s previous medical examination results indicate an asbestos health problem, x-rays shall be taken on an annual basis. The PHYSICIAN may recommend that an employee be x-rayed if, in his/her opinion, and in accordance with current and acceptable medical practices, the employee’s health situation dictates the need for additional x-rays.
All of the above medical examinations should include physical examination of all systems with emphasis on the respiratory system, cardiovascular system and digestive tract with specific emphasis on the chest, particularly the presence of persistent “dry rales” or “crackles” at the lung base. In addition, the presence or absence of “clubbing” of the fingers and signs of bronchitis and emphysema will also be noted. The FACILITY shall perform periodic occupational health medical/physical examinations and will also provide pre-placement, fitness for/return to duty and pre-separation examinations as requested.
The FACILITY shall perform all of the medical examination services as described above, at one designated location.
The medical examinations shall be conducted in THREE PARTS:
1. All lab tests and x-rays (if required) are conducted.
2. The PHYSICIAN conducts the hands-on physical examination in accordance with Standard Medical Practice and discusses results of all lab tests, x-ray interpretations (if required), and hands-on examination with the employee.
3. The LICENSED PHYSICAL THERAPIST conducts the Functional
Capacity Test, IF REQUIRED, for Pre-placement/Fitness for Duty examinations.
IV. OCCUPATIONAL HEALTH FACILITY RESPONSIBILITIES
Under the terms of this contract, the FACILITY shall be responsible to:
1. Ensure that all medical examinations are conducted by the
PHYSICIAN and that all lab tests and procedures are performed by or under the supervision of a PHYSICIAN in accordance with current and acceptable medical practices, and the FACILITY shall provide a professional staff, administrative support and other services necessary to perform the occupational health medical/physical examinations in a professional manner. The PHYSICIAN shall be a graduate of an accredited school of medicine and shall meet the licensing requirements of the State of Texas. As a minimum, two years’ experience in occupational health medicine is required for the
PHYSICIAN who will be conducting the medical examinations. All nurses shall be graduates of an accredited school of nursing, shall be registered and shall be legally qualified to practice nursing in the State of Texas.
2. Ensure that the examining PHYSICIAN reviews all occupational medical information, medical examination data, lab test results and compares results, including the x-ray interpretations and written summary reports from the Board
Certified “B” Reader Radiologist and validates the conclusions of the medical examinations in accordance with OSHA’S requirements and professional medical procedures. Also, the
PHYSICIAN shall compare the employee’s current occupational health medical/physical examination results (PFT, hearing test, etc.), with the employee’s previous medical examination test results and any health changes shall be noted in the examining PHYSICIAN’s written opinion/report.
3. Provide a written opinion/report signed by the examining
PHYSICIAN. This report shall be available to BRF and shall be placed in the employee’s asbestos medical folder within fourteen (14) days of the employee’s hands-on physical examination. This opinion/report shall contain the results of the current occupational health medical examination and any occupational health changes as a result of the comparison of the current test with the employee’s previous year’s occupational health test results. As a minimum, the PHYSICIAN’s written opinion/report shall contain the following:
a) Examining PHYSICIAN’s opinion as to whether the employee has detected medical conditions that would place the employee at an increased risk of material health impairment from exposure to asbestos, tremolite, anthophyllite, actinolite, or any other occupational hazardous substances. The examining PHYSICIAN shall clearly identify any occupational health abnormalities and shall state his/her recommendations. The judgment of the PHYSICIAN concerning the adequacy of the diagnostic information to support the impression of asbestos related disease should be entered in the medical report/opinion.
b) Any recommended limitations on the employee or upon the use of personal protective equipment, such as clothing or respirators, etc. The PHYSICIAN shall complete the “Medical Determination for Respirator
Use” (Attachment b2). The PHYSICIAN shall a complete the “Respirator Approval Card,” for each employee. The completed forms shall be provided to the
Fleet within seven (7) days after completion of Part II of the employee’s medical exam. Forms should be forwarded by FEDEX to BRF once a week.
c) A statement that the employee has been informed by the examining PHYSICIAN of the results of the occupational health medical/physical examination and of any occupational health conditions resulting from asbestos, tremolite, anthophyllite, or actinolite exposure that requires further explanation or treatment, or from any other occupational health hazardous substances.
d) The employee’s original occupational health medical examination results/records which shall include results/records of the medical/physical examination tests identified in Section III of this Statement of Work, and the examining PHYSICIAN’s written medical opinion/report as to the employee’s occupational health status.
4) The examining PHYSICIAN SHALL NOT REVEAL in the written opinion/report given to the BRF specific findings of diagnoses unrelated to occupational health exposure to asbestos, tremolite, anthophyllite, or actinolite, or other occupational hazardous substances. The written opinion/report shall state that the examining PHYSICIAN has informed the employee of any personal health problems and has instructed the employee to see his/her personal physician for any necessary definitive care or follow-up treatment for these personal health problems. The employee shall be required to sign this statement.
5) Utilize standard occupational health medical history and physical examination report forms provided as attachments to this
Statement of Work.
6) The FACILITY shall be responsible for all medical records.
Records shall be handled in accordance with the requirements of the Privacy Act of 1974 (5 U.S.C. 552a). The confidentiality of all employee medical information shall be protected.
7) Provide the services of a Board Certified “B” Reader, Radiologist, to independently interpret the BRF employees’ x-ray films (P/A) in accordance with ILO International Classification of Radiograph of
Pneumoconiosis.
a. Radiologist will compare the employees’ current x-ray films with the employees’ last x-rays taken under this program.
b. Complete Pneumoconiosis Radiograph Interpretation Form
c. Provide a detailed written summary report stating the
Radiologist’s professional findings, opinions, and recommendations
8) All Medical Surveillance Program medical/physical examination opinions/reports/lab test results and x-rays of BRF employees shall be maintained in a secure file at the FACILITY, in accordance with prescribed Federal and Medical record keeping requirements/practices and Privacy Act requirements. The
Beaumont Reserve Fleet is responsible for assuring compliance with OSHA Standard 29 CFR 1910.20, “Access to Employee
Exposure and Medical Records.”
9) Upon receipt of a written request by the employee, the FACILITY shall provide a copy of the current occupational health medical/physical examination results to the employee and/or the employee’s personal physician.
10) Maintain professional liability insurance in an amount not less than $1,000,000. Indemnify and hold harmless and defend the
United States, MARAD, and it’s officials and employees against any and all claims and demands (including costs and attorney fees in defending such claims or demands, whether or not the claims or demands are found to be valid) for injury or death arising out of the medical/physical examination and testing activities of the occupational health medical facility for BRF employees under the
Medical Surveillance Program.
11) The FACILITY shall immediately notify the Fleet Program
Manager, or his/her designee, if an employee refuses a portion of the occupational health medical examination.
12) The FACILITY shall immediately notify the employee, upon discovery of a health problem that would restrict the employee from safely performing job duties.
13) All occupational health medical/physical examinations shall commence as agreed upon by the Fleet Program Manager or his/her designee.
14) The FACILITY’s liaison for the administration of this contract with the BRF shall be a full time employee, experienced in occupational medicine requirements and contract administration, with complete comprehension of this statement of work, and the authority to authorize, accept and sign for changes to this contract.
15) The FACILITY shall ensure that examinations are scheduled for completion during the normal FLEET working hours, Monday-
Friday, 7:00 a.m. to 3:30 p.m.
V. BEAUMONT RESERVE FLEET RESPONSIBILITIES
The Fleet Superintendent, or his/her designee, shall provide the FACILITY with the following information:
1) Description of the employees’ duties as they relate to the employees’ exposure (position description - initial examination only).
2) Description of any personal protective and respiratory equipment used or said to be used by BRF employees.
3) Completed OSHA medical questionnaires for each BRF employee.
4) OSHA’s asbestos requirements as contained in 29 CFR
1910.1001 and 1926.62 at the following links:
http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_ table=standards&p_id=9995, http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_ id=1570&p_table=DIRECTIVES
5) OSHA's occupational noise exposure as contained in 29 CFR
1910.95. Provide noise level sampling data, as appropriate, which contains data pertaining to the employees’ noise exposure. At the following link:
http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_ table=standards&p_id=9735
6) Provide employee asbestos sampling data-survey for ambient concentrations of airborne asbestos, both personal and area sampling results.
VI. GENERAL RESPONSIBILITIES/CONDITIONS
1) The FACILITY shall ensure that BRF employees will not be required to travel more than twenty-five (5) miles one way to a single location from the BRF worksite in order to obtain the complete occupational health medical/physical examination.
This is required in order to minimize employee time away from the job.
2) This award is not intended to create a third party beneficiary and is not construed as a third party beneficiary contract.
3) The BRF designee and point of contact on matters relating to http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=standards&p_id=9995 http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=standards&p_id=9995 http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_id=1570&p_table=DIRECTIVES http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_id=1570&p_table=DIRECTIVES http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=standards&p_id=9735 http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=standards&p_id=9735 this statement of work is:
Mr. Kevin Champagne
Department of Transportation
Maritime Administration
Beaumont Reserve Fleet
Telephone: (409) 722-3433, Ext. 244
FAX: (409) 720-5220
4) Upon thirty (30) days written notice to the FACILITY, this contract may be terminated at any time at the discretion of the
Maritime Administration.
VII. REPORTING REQUIREMENTS
1) The FACILITY is responsible for providing a written report to the BRF Fleet Superintendent. This report shall consist of two parts: (1) a written report, and (2) an oral presentation by the
PHYSICIAN and the appropriate FACILITY staff member(s) to the BRF’s designee or other MARAD personnel as deemed necessary.
a) The written report shall consist of, at a minimum, the following information:
(1) Number of occupational medical/physical examinations conducted by type and total amount of examinations.
(2) Number of follow up examinations, special tests, recommended and provided to employees.
(3) Breakdown of occupational medical problems identified:
* Asbestos
* Hearing Loss
* Lead
* Respirator Fitness
* Other Problems
(4) FACILITY recommendations/views:
The written report shall be delivered to BRF, within two (2) weeks after completion of the examinations.
b) The FACILITY shall provide a critique which, as a minimum, shall present a summary of the written report, overview of the program and services, recommendations and discussions of the current program, and initiatives and suggestions for improvement of the program. A question and answer period should follow the medical FACILITY critique. The critique shall be held within three (3) weeks after completion of the medical examinations.
VIII. BILLING FOR OCCUPATIONAL HEALTH MEDICAL EXAMS
a) Original plus one (01) copy of any correspondence and invoice billing will be forwarded to:
b) Sharon Duhon
Department of Transportation
Maritime Administration
Beaumont Reserve Fleet
2600 Amoco Road, Beaumont, Texas
77705
52.212-1 Instructions to Offerors—Commercial Items
52.212-2 Evaluation—Commercial Items
52.212-3 Offeror Representations and Certifications—Commercial Items
52.212-4 Contract Terms and Conditions—Commercial Items
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items
52.252-2 Clauses Incorporated by Reference
52.217-8 Option to Extend Services
52.217-9 Option to Extend the Term of the Contract
Wage Determination
52.212-1 Instructions to Offerors—Commercial Items.
As prescribed in 12.301(b)(1), insert the following provision:
INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JAN 2017)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) “Remit to” address, if different than mailing address;
(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.
https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2012_3.html#wp1084399 https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard67.html#wp1189284 https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard67.html#wp1189284 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179194 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179194 https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard67.html#wp1189284
(f) Late submissions, modifications, revisions, and withdrawals of offers.
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.
(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation.
(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR
Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—
GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407
Telephone (202) 619-8925 Facsimile (202) 619-8978.
(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.
(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
(i) ASSIST (https://assist.dla.mil/online/start/).
(ii) Quick Search (http://quicksearch.dla.mil/).
(iii) ASSISTdocs.com (http://assistdocs.com).
(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by—
(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);
(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-
5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.)
The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror’s name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_11.html#wp1043964 https://www.acquisition.gov/sites/default/files/current/far/html/www.sam.gov should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.
(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.
(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(4) A summary of the rationale for award;
(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
(End of provision)
52.212-2 Evaluation—Commercial Items.
As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:
EVALUATION—COMMERCIAL ITEMS (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
1-Technical proposal – company capability statement demonstrating experience performing recent similar work.
2 – Past Performance – satisfactory performance of recent similar work 3 - Price
Non-price evaluation factors will be evaluated on a pass/fail basis. Award will be made to the lowest price, technically acceptable (LPTA), responsible offeror.
PLEASE SUBMIT: COMPANY’S CAPABILITY STATEMENT AND BUSINESS REFERENCES
(NAMES, EMAIL ADDRESSES, NAME OF COMPANY AND POINT OF CONTACT) THAT YOU
HAVE RECENTLY DONE BUSINESS WITH.
https://www.acquisition.gov/sites/default/files/current/far/html/www.sam.gov https://www.acquisition.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2012_3.html#wp1084399
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of provision)
52.212-3 Offeror Representations and Certifications—Commercial Items.
As prescribed in 12.301(b)(2), insert the following provision:
OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (NOV 2017)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.
(a) Definitions. As used in this provision— “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror.
Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation”, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2012_3.html#wp1084399 https://www.sam.gov/portal http://uscode.house.gov/
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).
Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
“Sensitive technology”—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR
124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
“Subsidiary” means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
“Veteran-owned small business concern” means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.
101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
“Women-owned small business concern” means a small business concern—
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
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(b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website.
(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs
[Offeror to identify the applicable paragraphs at (c) through (t) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is,
□ is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—
(i) It □ is,□ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB http://www.acquisition.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%204_12.html#wp1073667 concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—
(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility;
and
(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of…
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