A21_Medical Screening_Combined Syn Sol.pdf

Combined Synopsis/Solicitation Number: W912HQ-20-Q-0012 – Request for Quote

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format FAR 12.603 – Streamlined Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Offers are being requested and a written solicitation will not be issued. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-07, dated August 31, 2020.

The requirement is for a 100% small business set-aside under NAICS code 621111, – Offices of Physicians (Except Mental Health Specialist). The size standard for this NAICS codes is $12,000,000.

Description: The U.S. Army Corps of Engineers (USACE) Headquarters Safety and Occupational Health Office (HQUSACE-SO) requires medical screening services performed by a board certified Occupational Health Physician qualified to determine deployment suitability for USACE rehired annuitant employees and traditional employees. All suitability determination will be performed through ENGLINK in accordance with applicable laws and regulations

Contract Line Items: This requirement and associated contract line item numbers (CLINs) is provided below:

CLIN# Description Quantities Units of Measure

Unit Price Total

0001 Rehired Annuitant Medical Questionnaire - The contractor shall provide pricing for rehired annuitant medical questionnaire screenings in accordance with the PWS. The Government requires 966 screenings annually.

The contractor shall include in its pricing secure website hosting, maintenance, and support costs as applicable.

966 EA

0002 Traditional employee medical screenings - The contractor shall provide pricing for rehired annuitant medical questionnaire screenings in accordance with the PWS. The Government requires 1,933 screenings annually. The contractor shall include in its pricing secure website hosting, maintenance, and support costs as applicable.

1,933 EA

Basis for award: The Government will award a contract resulting from this combined synopsis solicitation on the basis of the lowest evaluated price of responsible offers whose product/service meets the requirements as listed in the performance work statement.

Offerors must submit the following documents for this solicitation:

1. Offer using CLIN structure above;

2. 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;

3. 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.

4. Provide copy of insurance coverage in accordance with FAR 52.237-7.

Offerors responding to this combined synopsis/solicitation shall include a completed copy of the provision at 52.212-3 Offeror Representations and Certifications – Commercial Items with its proposal. The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision.

Offerors are highly encouraged to download and review all attachments to this solicitation prior to submitting an offer.

Period and Place of Performance:

Period of Performance shall be 12 months from date of award. Accomplishment of the work described in this PWS requires work primarily at the contractor’s location.

Date, Time, and Place Offers are Due: All requests for clarifications/questions are due by 1:00 p.m. Eastern Daylight Time (EDT), on 8 September 2020. The closing date for the delivery of a response to this combined synopsis/solicitation is on or before 1:00 pm Eastern Daylight Time (EDT), on 14 September 2020. Offers shall be e-mailed to the Point of Contact (POC) shown below by the closing date and time. It is the offeror’s responsibility to ensure that the transmission is received by the Government prior to the closing date and time. Upon receipt of an electronic offer, the Government will acknowledge receipt of that offer via email to the offeror.

POC: Angela Lape Address: 7701 Telegraph Road Alexandria VA Phone: 703-428-6384 Email: angela.s.lape@usace.army.mil

Performance Work Statement Medical Screening Support Services

1 Introduction The contractor will furnish all the necessary personnel, labor, tools, equipment, transportation, and materials necessary to provide qualified occupational health support to the U.S. Army Corps of Engineers (USACE) Headquarters Safety and Occupational Health. HQUSACE-SO has a requirement for medical screening services provided an Occupational Health Physician to make deployment suitability determinations. The Period of Performance is for one (1) twelve

(12) month base period

1.1 Scope

HQUSACE-SO is responsible for providing policy, programs, technical services, and oversight related to safety and occupational health matters in support of USACE missions. HQUSACE-SO is located at 441 G Street NW, Washington DC. As a general overview, the services provided under this contract include: 1) receiving and reviewing the USACE medical screening forms through ENGLINK or fax, mail, or email, making deployment suitability determinations for USACE rehired annuitant employees and 2) traditional employees and properly and securely transmitting those suitability determinations to ENGLINK in accordance with (IAW all applicable local policy, federal/state laws, law and regulations.

2 General Requirements This section describes the general requirements for this effort. The following sub-sections provide details of various considerations on this effort.

2.1 Non-Personal Services

This requirement is a non-personal health care service contract, as defined in FAR 37.101, under which the contractor is an independent contractor. The Government shall neither supervise contractor employees nor control the method by which the contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual contractor employees. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the contractor's responsibility to notify the Procuring Contracting Officer (PCO) immediately.

2.2 Business Relations

The contractor shall successfully integrate and coordinate all activities needed to execute the requirement. The contractor shall manage the timeliness, completeness, and quality of problem identification. The contractor shall provide corrective action plans, proposal submittals, timely identification of issues, and effective management of subcontractors. The contractor shall seek to ensure customer satisfaction and professional and ethical behavior of all contractor personnel.

2.3 Contract Administration and Management

The following subsections specify requirements for contract, management, and personnel administration.

2.3.1 Contract Management

The contractor shall establish clear organizational lines of authority and responsibility to ensure effective management of the resources assigned to the requirement.

2.3.2 Contract Administration

The contractor shall establish processes and assign appropriate resources to effectively administer the requirement. The contractor shall respond to Government requests for contractual actions in a timely fashion. The contractor shall have a single point of contact between the Government and Contractor personnel assigned to support contracts or task orders. This person shall be identified prior to contract award.

2.3.3 Personnel Administration

The contractor shall provide the following management and support as required: The contractor shall provide support during designated Government non-work days or other periods where Government offices are closed, due to weather or security conditions.

The contractor shall maintain the readiness of their employees by providing initial and refresher training as required to meet the PWS requirements. The contractor shall make necessary travel arrangements for employees. The contractor shall provide necessary infrastructure to support contract tasks. The contractor shall provide administrative support to employees in a timely fashion (time keeping, leave processing, pay, emergency needs).

2.4 Subcontract Management

The contractor shall be responsible for any subcontract management necessary to integrate work performed on this requirement and shall be responsible and accountable for subcontractor performance on this requirement. The prime contractor will manage work distribution to ensure there are no organizational conflict of interest (OCI) considerations.

2.5 Contractor Personnel, Disciplines, and Specialties

The contractor shall accomplish the assigned work by employing and utilizing qualified personnel with appropriate combinations of education, training, and experience. The contractor shall match personnel skills to the work or task with a minimum of under/over employment of resources. The contractor personnel shall include a trained and licensed occupational health physician. The employment arrangement shall cover the entire Period of Performance in Section 2.8. Other physicians in the firm, who do not meet the above criteria, should not make occupational health decisions without the direction and review of the lead Occupational Health physician. The contractor shall ensure that there is a secure data transfer into the USACE ENGLINK system as needed.

The Contractor shall indemnify the Government any liability producing act or omission by the contractor, its employees and agents occurring during contract performance.

2.6 Location of Work

Accomplishment of the work described in this PWS requires work primarily at the contractor’s location. Once a year the contractor and contracting representative shall meet in person or via teleconference to discuss changes and performance.

2.7 Travel/Temporary Duty (TDY)

No travel or TDY is required.

2.8 Period of Performance

The PoP for this requirement is twelve (12) months from date of award.

2.9 Business Hours

Contractor shall remain available via electronic communication device (i.e. email, phone call, etc.) during normal business hours. Typical business hours are from 8 AM to 5 PM ET, while adjustments may be made with prior written approvals from the COR.

2.10 Recognized Holidays

The contractor is not required to perform services on the holidays listed below:

New Year’s Day President’s Day Martin Luther King Jr.’s Birthday Memorial Day Independence Day Labor Day Columbus Day Veteran’s Day Thanksgiving Day Christmas Day

3 Performance Requirements The following section specifies the Performance Objectives and Performance Elements for the contract.

3.1 Physician

3.1 Rehired Annuitant Cadre / Traditional Employee Cadre Medical Screening Review USACE is designated under the National Response Framework (NRF) to support the Federal Emergency Management Agency (FEMA) during civil Emergency Response and Recovery Operations by using members of the Rehired Annuitant Cadre and traditional USACE employees. USACE also uses members of the Rehired Annuitant Cadre and traditional USACE employees to support non-emergency operations.

The contractor will determine the medical suitability of all traditional employees who are assigned to a USACE deployment team or who wish to deploy for a USACE or FEMA deployment as well as all USACE Rehired Annuitant cadre employees assigned to a USACE position, USACE deployment, or USACE supported FEMA deployment. The contractor will determine the medical suitability by reviewing the medical screening questionnaire in ENGLINK or via email, fax, or mail and then choose a medical screening deployment code through a secure and compliant electronic submission to ENGLink within 3 working days of the questionnaire submission to the contractor. A blank copy of the medical screening questionnaire can be provided upon request. Normal volume during non-emergency response will likely average 10 medical suitability determinations per day. If there is an urgent need or during an actual emergency response, the contractor shall submit the deployment codes within 24 hours of questionnaire submission. During large scale disasters/ emergency response, this may require up to 60 medical suitability determinations per day. USACE will provide a generic job description based on the employee’s workplace setting (e.g. a field setting or an office setting.)

These generic job descriptions will be completed in the initial meeting between the contractor and USACE. If further information is required, the deployment code shall be entered as pending until such time as the information is provided or 30 working days after the initial request for more information, whichever is less. If an employee fails to respond at all within the 30 working days, the contractor shall declare that employee non-deployable. Any further submissions from that employee would be charged as a new review. A narrative assessment is not required by the physician for each medical suitability determination. In place of a narrative assessment will be a designation letter from the physician stating the employee/ RAO is or is not deployable, along with the following deployment codes: D (Deployable to CONUS+OCONUS Field Environment), DFC (Deployable to CONUS Field Environment Only), DM/DO (Deployable to OCONUS Office Environment), and DOC (Deployable to CONUS Office Environment.)

Additionally, the contractor will coordinate with private and/or governmental occupational health clinics via medical documentation to ensure that the traditional employee or the Rehired Annuitant Cadre employee meets the health requirements and then makes the medical determination, and transmits the medical determination within 3 working days of the submittal of the medical clearance. The transmittal of the medical determination will be in compliance with the Privacy Act, HIPAA, and ensure sufficient encryption for the safe data transfer (a HIPAA secure e-mail will suffice for this communication).

3.2 Employee Health Records

3.2.1 The Contractor shall properly maintain employee medical information.

The Medical Screening Questionnaires and any other employee medical information shall be treated as medically confidential and shall be maintained as such. The contractor shall maintain an electric copy of these records in a method that meets all Federal requirements, including Health Insurance Portability and Accountability Act (HIPAA) regulations and privacy rules. The content of these medical records is releasable to a medically qualified Government representative as requested by the COR and shall be provided via email within three (3) working days of the request. All medical screening and exam records should be maintained for three years and then they can be destroyed in accordance with appropriate regulations and laws. No later than the last day of the contract, the contractor shall provide the electronic medical records to the Government in a secure manner. Once a full transfer is confirmed, the contractor shall not be required to maintain the records.

3.3 Program/Project Management.

3.3.1 The Contractor shall attend a virtual orientation visit at HQUSACE-SO.

The contractor’s occupational health physician and industrial hygienist shall review current USACE Occupational Health and Industrial Hygiene documents and virtually attend a three (3) hour meeting at the Headquarters United States Army Corps of Engineers-Safety Office Washington, DC to discuss the USACE Occupational Health Program within 20 working days from award of contract. At a minimum, the contractor shall have the lead physician, the physician who will be providing the majority of services, the contract administrator, and the individual responsible for billing available. The contractor shall be responsible for taking minutes of this meeting. Meetings minutes shall be submitted to the COR via email within 10 working days of the orientation visit. At that initial meeting, USACE will provide generic job descriptions that correspond with each generalized work setting (e.g. field or office setting within or outside the continental U.S.) at this initial meeting.

3.3.2 The Contractor shall participate in virtual meetings for program management as deemed necessary by either party.

The contractor’s occupational health physician, and other employees as requested, shall meet with the COR at least semi-annually. This meeting can be telephonic or in person and is to discuss the status of the contract expenditures, any outstanding issues, the latest quality control report, and any changes in personnel or processes on the part of the contractor or the government. The contractor shall be responsible for taking minutes of these meetings and submitting the minutes to the COR via email within 10 days of the meeting.

3.3.3 The Contractor shall provide program management for work assigned.

Program management will include a single POC with signature authority. The Contractor must have the ability to ability to hire and retain personnel associated with work assigned.

4 Special Requirements This section describes the special requirements for this effort. The following sub-sections provide details of various considerations on this effort.

4.1 Insurance

In accordance with FAR 37.401, the Contractor shall maintain medical liability insurance, in a coverage amount acceptable to the contracting officer which is not less than amount normally prevailing within the local community for the medical specialty concerned. Contractor shall be required to ensure that its subcontracts for provisions of health care services, contain the requirements of the clause FAR 52.237-7, including the maintenance of medical liability insurance.

4.2 Security

The contractor will complete annual operational security (OPSEC), information assurance, HIPAA, and any other training required for transferring information to an ACE-IT network or ENGLINK network via a government provided or contractor provided computer.

4.2.1 Access and General Protection/Security Policy and Procedures: All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

4.2.2 For contractors requiring Common Access Card (CAC): The contractor and all sub-contractors employees will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an interim CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management.

4.2.3 Contractor Employees Who Require Access to Government Information Systems:

All contractor employees with access to a government info system must be registered in the Army Training Certification Tracking System (ATCTS) at commencement of services, and must successfully complete the DOD Information Assurance Awareness prior to access to the information systems and then annually thereafter in accordance with personnel security standards listed in AR 25-2 (Information Assurance), an appropriate background investigation will be conducted prior to accessing the government information systems.

4.2.4 For Information assurance (IA)/information technology (IT) training: All contractor employees and associated sub-contractor employees must complete the DoD IA awareness training before issuance of network access and annually thereafter. All contractor employees working IA/IT functions must comply with DoD and Army training requirements in DoDD 8570.01, DoD 8570.01-M and AR 25-2 within six months of employment.

4.2.5 Pre-screen candidates using E-Verify Program: The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

4.2.6 In support of USACE evaluation of personnel authorized for access to federal facilities, the Contractor shall submit background checks that have been conducted by a bonded third party within the last 6 months of Notice to Proceed date and authorize reports to be provided to the Security and Law Enforcement Office by the third party.

The background check will cover, at a minimum, the ten years covering states the employee has lived in, national criminal records check which includes felony and misdemeanor offenses, Department of Motor Vehicles records, and a national sex offender registry check, submitted 14 days prior to accessing the project site.

4.2.7 Identification Badges: The Contractor shall be responsible for furnishing a photo identification badge/card to each employee prior to the employee's work on-site, and for requiring each employee engaged on the work to display identification. At a minimum, the badge shall have the following items shown, the employee’s picture, employee’s name, and company name working for. The badge will be prominently displayed unless restricted for safety concerns, in which case it will be available for immediate display upon request (carried on person).

4.2.8 As employees are added or deleted from the submitted and approved Access Control List (ACL), this information will be reported immediately to the Contracting Officer (KO). Added employees will not be permitted on-site until requirements of this paragraph are completed, submitted, and approved. Disqualifying factors include, but are not limited to:

(1) Criminal conduct, in particular violent crime and sex offenders;

(2) Habitual use of intoxicating beverages to excess as evidenced by Driving under the influence or public intoxication records; or

(3) Any illegal activity or other disqualification which makes the individual unfit for service (e.g. drug trafficking or procurement fraud).

In addition to the submitted background checks, supplemental agency checks may be performed at the discretion of the U.S. Army Corps of Engineers security personnel.

The Contractor agrees to cooperate and ensure that Contractor personnel provide any documentation required to complete these checks. Any person lacking proper identification credentials or deemed a security threat may be denied access to the project. Such action in no way relieves the Contractor from performance of the Contract. The Army Corps of Engineers retains the right to deny any Contractor and sub-contractor employee from working on a contract awarded by the Army Corps of Engineers based on final background investigation results. All information received as a result of a background check will be handled according to Privacy Act regulation.

In the event that an unexpected change in personnel is required, due to sudden absence of a critical path employee, the Contractor shall immediately contact the Contracting Officer to coordinate obtaining written approval from the Security Office for new/additional personnel to be brought on site prior to background check acceptance.

Contractor shall submit Personnel Change Request Form and will receive written authorization from the Security Office prior to bringing new personnel on site, and ensure a background check is sent to the U.S. Army Corps of Engineers Security Office no later than ten days from written notice of approval. The U.S. Army Corps of Engineers reserves the right to terminate access of the employee upon completion of the Government’s review of the background check and the Contractor shall be notified immediately of any such Government decision.

In the event of an unforeseen change in work site conditions which may require a contract modification, and the contractor is required to immediately add personnel, a Personnel Change Request Form will be submitted to and approved by the Security Office prior to bringing new personnel on site, and ensure a background check is sent to the USACE HQ Security Office no later than ten days from written notice of approval.

The U.S. Army Corps of Engineers reserves the right to terminate access of the employee upon completion of the Government’s review of the background check and the Contractor shall be notified immediately of any such Government decision.

Subcontractor personnel not expected to be on the worksite for more than 15 days may be allowed on site with the following conditions:

1) Employee will be on site a total of 15 days or less, for the duration of the project.

2) Employee is added to the ACL as a short term employee.

3) Employee is escorted while on site. This is defined as being in the line of sight of an identified contractor employee who has a background check on file with the Army Corps of Engineers (as noted on the ACL).

4) Each contractor employee can sponsor only five short term employees at a time.

Foreign National employees: Due to a difference in background check procedures for long term foreign national employees, all such employees must provide a photocopy of their passport to the U.S. Army Corps of Engineers Headquarters Security Office NLT 30 days prior to arrival on site. Short term foreign national employees (e.g. specialists with a two week period of performance) may work on site with the following conditions:

1) Foreign national employee will be on site a total of 15 days or less, for the duration of the project.

2) Foreign national employee will comply with E-verify requirements E-verify paragraph).

3) Approved and identified contractor employee shall escort the foreign national employee at ALL times while on site.

4) Each contractor employee can sponsor only one short term foreign national at a time.

5. Quality This section describes the Quality Control components for this effort. The following sub-sections provide details of various considerations on this effort.

5.1 Quality Control

The Contractor shall develop a quality control plan (QCP) and maintain an effective quality control program to ensure services are performed in accordance with the IDIQ contract and this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s QCP is the means by which they assure themselves that their work complies with the requirement of the contract.

The finalized QCP will be accepted by the Government 20 days after date of the contract award. The Contracting Officer may notify the Contractor of required modifications to the plan during the period of performance. The Contractor then shall coordinate suggested modifications and obtain acceptance of the plan by the Contracting Officer. Any modifications to the program during the period of performance shall be provided to the Contracting Officer for review no later than 10 working days prior to effective date of the change. The QCP shall be subject to the Government’s review and approval. The Government may find the QCP “unacceptable” whenever the Contractors procedures do not accomplish quality control objective(s). The Contractor shall revise the QCP within 10 working days from receipt of notice that QCP is found “unacceptable.”

5.2 Quality Assurance Surveillance Plan (QASP)

The Government shall monitor the Contractors performance under this contract and each task order in accordance with the Government’s QASP. The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered (e.g., professional judgments, diagnosis for specific medical treatment);

6. Invoicing In accordance with FAR 52.212-4(g), the Contractor shall submit an electronic invoice monthly via e-mail to CEFC-S0invoices@usace.army.mil and copy furnished to the COR. The subject line shall include the contract number, invoice number, the contractor’s name and address and the charges by line item. Invoices shall be submitted within 10 days following the end of each month. Questions regarding status of payment should be directed to the USACE Finance Center at CEFC- Payments@usace.army.mil (if more than 30 days have passed since the invoice was submitted).

7. Government Furnished Property, Equipment, and Services The Government will provide a Government furnished computer to the contractor and a common access card (CAC) for the contractor.

8. Deliverables The contractor shall provide the following deliverables as listed in the table below.

Format and delivery schedule for deliverables are outlined in the applicable section of the PWS.

PWS

Section

Name Frequency Quantity

3.1.1 Record of telephone, mail, or electronic mail

RAO or traditional employee health screening review

As needed 1 per consultation

Records to be submitted to COR within 5 days of consultation; during a Civil Emergency Operation, exercise or event, the record of the consultation shall be forwarded within 24 hours of the request after notification from the COR to the Contractor.

3.1.2 The Contractor shall provide a secure

website IAW Privacy Act, IAW HIPAA, and appropriate encryption for healthcare information that will house the Rehired Annuitant Medical Screening Forms and provide the ability to submit the Rehired Annuitant Medical Screening Forms for review.

As needed 1

3.3.1 Meeting Minutes

Minutes from orientation visit and all other meetings submitted to COR within 10 days of meeting.

As needed 1

3.3.1 The Contractor shall participate in virtual

meetings for program management as deemed necessary by either party.

As needed 1

5.1 Quality Control Plan / Report

The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services.

Once per year

6 Invoices The Contractor shall submit electronic invoice to the Finance Center with the COR copied no later than 10 days after the end of the month.

Once per month

Performance Requirement Summary (PRS)

Statements Standards/AQLs Incentive/Remedy

3.1 Occupational Health

Physician Board certified occupational health Physician

Performance Evaluation Rating / Exercise of Option Years

3.1. Traditional Employee

and Rehired Annuitant Medical Screening Medical Support

80% of the time it will be submitted to ENGLink or to the Rehired Annuitant Program Manager within 3 working days of questionnaire submission.

If urgent or during actual emergency response, 90% of the time it will be submitted to ENGLink or to the Rehired Annuitant Program Manager within 24 hours of questionnaire submission.

Performance Evaluation Rating / Exercise of Option Years

3.1.2 Rehired Annuitant

Medical Screening Website

95% of the time The Contractor shall provide a secure website IAW Privacy Act, IAW HIPAA, and appropriate encryption for healthcare information that will house the sample Rehired Annuitant Medical Screening Forms and provide the ability to submit the Rehired Annuitant Medical Screening Forms for Review via email, fax, or mail.

Performance Evaluation Rating / Exercise of Option Years

3.2.1 Employee Health

Records

100% of the time the Contractor shall secure and transmit employee health records in accordance with HIPAA and Privacy Act compliance

Performance Evaluation Rating / Exercise of Option Years.

3.3.1 The Contractor shall

complete and forward meeting minutes as needed

90% of the time the Contractor shall complete and forward minutes from orientation visit and all other meetings

Performance Evaluation Rating / Exercise of Option Years / Re-perform at submitted to COR within 10 days of meeting.

no cost to the Government

3.3.2 The The Contractor shall

participate in meetings as needed

The Contractor shall participate in virtual meetings for program management as deemed necessary by either party.

Performance Evaluation Rating / Exercise of Option Years

6.0 The contractor shall

complete and send invoices to USACE

90% of the time, the Contractor shall submit electronic invoice to the Finance Center with the COR copied no later than 10 days after the end of the month.

Performance Evaluation Rating / Exercise of Option Years

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-18 Prohibition on Contracting With Entities That Require Certain

Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting NOV 2014 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.204-22 Alternative Line Item Proposal JAN 2017 52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

OCT 2018

52.209-12 Certification Regarding Tax Matters FEB 2016 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.222-56 Certification Regarding Trafficking in Persons Compliance

Plan.

MAR 2015

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.237-7 Indemnification and Medical Liability Insurance JAN 1997 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.223-7004 Drug Free Work Force SEP 1988 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2020)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. 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.

(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).