Amendment 0002 Replacement Pages to Solicitation.pdf

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(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if—

(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage;

provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

5.7 Performance Penalties

(a) If the Contractor fails to perform the contracted services in the time specified or is not in compliance with program standards as identified herein, the Contractor shall be liable to the penalties as identified below. The Government will automatically process the payment via a deduction from the subsequent invoice. As a result of this action, contract performance may be placed on hold.

(b) Penalties may be assessed to the Contractor for the occurrence of any of the events described below:

1. Failure to provide any and all deliverables in accordance with the requirement specified herein.

2. Failure to provide reports, documentation, and administrative requirements in accordance with the requirements specified herein.

(c) The amount of the penalties to be assessed will be as follows:

Performance Objective Standard Performance Threshold

Method of Surveillance

Penalty Assessment

PRS # 1.

The Contractor shall develop a Claims Process consistent with the Statement of Work and Exhibit A and submit it to USDA for approval. SOW 2.3.1

The Contractor shall develop the Claims Process within 15 days of award.

100% compliance is required.

Inspection of deliverables

10% Deduction from Invoice Total

PRS # 2

The Contractor shall implement the approved process and provide the required staffing and resources. SOW 2.3.1

The Contractor shall implement the Claims Process within 30 days of USDA approval.

Periodic review of work and inspection of deliverables.

PRS # 2A

The Contractor shall distribute Summary Notice, Fact Sheet, and Claims Package (in both English and Spanish as necessary). SOW 2.3.1

The Contractor shall distribution to all individuals identified by USDA or those who contact the Administrator.

Random sampling.

PRS # 3

The Contractor shall establish and operate a toll-free helpline (with English and Spanish speaking operators during business hours). SOW 2.3.1

The Contractor shall establish the helpline within 30 days.

Zero deviation.

Customer complaints.

PRS # 4

The Contractor shall answer calls promptly. SOW 2.3.1

The helpline shall be adequately staffed with sufficient lines to handle call volume.

Customer complaints.

PRS # 5

The Contractor shall respond to helpline inquiries and requests promptly. SOW 2.3.1

Responses to requests for packets will be sent within 5 business days, requests for information and questions received by phone shall be acknowledged within 72 hours, and answered by phone or mail within 10 business days.

Customer complaints and random sampling.

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PRS # 6

The Contractor shall maintain the privacy of individual claimants. SOW 2.3.1

The Contractor shall not release individual claimant information unless directed by the CO or by court order.

Identified breaches.

PRS # 7

The Contractor shall determine whether a Claims Package is timely and complete in accordance with Sections V, VI, and VII Exhibit A. SOW 2.3.1

The Contractor shall make reasonable efforts to complete these determinations in a prompt manner.

Random sampling

PRS # 8

The Contractor shall provide all notices to Claimants regarding timeliness and completeness of Claims Packages in accord with section VII of Exhibit A.

SOW 2.3.1

The Contractor shall send this letter within 21days of receipt of the claims package.

PRS # 9

The Contractor shall promptly forward all Claims Packages that are determined to be timely and complete to the Adjudicator in accord with Exhibit A. SOW 2.3.1

The Contractor shall forward all Claims Packages that the Administrator determines to be timely to the Adjudicator within a reasonable time for adjudication.

Random sampling.

PRS # 10

The Contractor shall construct a comprehensive web-based tracking database to manage Claims Packages through the entire process from initial contact to the Contractor/Adjudicator’s decision. SOW 2.3.1

The Contractor shall design and maintain the contract compliant web-based tracking database and implement all necessary updates.

The Contractor shall issue status reports every 6 months or at the request of the contracting officer.

PRS #11

The Contractor shall notify the Contracting Officer’s Technical Representative of the number of timely and complete claims at the end of the claim period and the potential total dollar amount of claims. SOW 2.3.1

The Contractor shall provide this information within 60 business days of the end of the claims period.

Inspection by COTR

PRS # 12

The Contractor shall provide a list of all timely filed and complete packages every two (2) weeks. SOW 2.3.2

The Contractor shall provide a list of all timely filed and complete packages every two (2) weeks.

PRS # 13

Once the Contractor receives the names of claims that are not subject to the Treasury Offset Program, the contractor shall print and mail checks to claimants eligible for payment after notification of authorization to pay from DOJ. SOW 2.3.1

The Contractor shall process payments after the Adjudicator rules on all timely and complete claims.

Random sampling by

COTR

PRS # 14

Create and mail tax 1099s to claimants receiving a payment. SOW 2.3.1

The Contractor shall mail 1099s for a given tax year by the following January 31st.

PRS # 15

The Contractor shall review each claims package that the Contractor/Administrator has deemed timely and complete and issue a decision making an award to each successful claimant (including any proration or adjustment of the award due to the number of successful claimants and the total cap on awards established by USDA and DOJ) in accordance with section VIII of Exhibit A. SOW 2.3.2

The Contractor shall complete all adjudications within 12 months of the beginning of the claims period.

PRS # 16

Notify both successful and unsuccessful claimants in writing of the results of their Adjudications in accord with Sections VIII and XI of Exhibit A and SOW 2.3.2

Issue notifications within 10 business days after each claim is adjudicated.

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PRS # 17

The Contractor shall issue reports to USDA on the progress of implementing the Claims Process and the results of adjudications, categorized by State, County, gender, and ethnicity. SOW 2.3.1

Issue reports not less than every 2 weeks.

PRS # 18

The Contractor shall comply with all Fraud Prevention requirements. Exhibit A - Framework

The Contractor shall conduct or assist in the process set forth in Section X of Exhibit A.

Inspection of deliverables.

6.0 Contract Administration Data

6.1 Roles and Responsibilities of Government Personnel

(a) Contracting Officer: The Contracting Officer has the overall and primary responsibility for the administration of this contract. Only the Contracting Officer has authority to enter into, administer, or terminate this contract on behalf of the Government. This includes modifying and deviating from the contract terms, conditions, requirement, specifications, and delivery schedules; making final decisions involving such matters as invoice payments or other consideration due to the Government for nonperformance or unsatisfactory performance, interpreting the contract, and resolving disputes; and, terminating the contract for default or convenience. The Contracting Officer also has authority to delegate certain responsibilities to an authorized Government representative.

(b) Contracting Officer’s Technical Representative (COTR): The Contracting Officer will appoint individuals to act as authorized representatives in the monitoring and administration of this contract. This individual is designated in writing as a Contracting Officer’s Technical Representative (COTR), with a copy to the Contractor. An individual designated as a COTR is authorized to perform the following functions and those functions in accordance with COTR appointment letter:

(1) Coordinate the technical aspects of this contract and inspect all required services.

(2) Certify and accept invoices for payment for the services and/or supplies rendered and allowed under the terms and conditions of this contract.

6.2 Contract Administration

(a) This contract will be administered by:

Jodey J. Barnes-Edwards, Contracting Officer United States Department of Agriculture Procurement Operations Division 300 7th Street, SW, Room 377 Washington, DC 20024

However, any Contracting Officer assigned to USDA, and acting within his/her authority, may take formal action when contract administration is required and the primary Contracting Officer is unavailable.

(b) Written communications shall make reference to the contract number and shall be mailed to the above address. Only the Contracting Officer, or authorized representative acting within the limits of authority as defined by the Contracting Officer’s appointment letter, may direct the Contractor and/or obligate the Government. No order, statement or conduct by Government personnel who visit the Contractor’s facility, or communicate with the Contractor personnel during contract performance, shall constitute a change to the contract, unless such change is authorized by the Contracting Officer.

(c) Any actions taken by the Contractor outside the terms and conditions of this contract shall be deemed to have been at the Contractor’s convenience and therefore shall not obligate the Government to pay the Contractor for those efforts.

6.3 Contracting Officer’s Technical Representative (COTR)

(a) Upon award, the Contracting Officer will designate a Contracting Officer’s Technical Representative (COTR) to coordinate the technical aspects of this contract and to inspect and accept services furnished hereunder; however, this individual shall not be authorized to: change any expressed terms, conditions, or specifications of the contract; increase or decrease the total contract pricing; or interfere with the Contractor’s right to perform the terms and conditions of the contract.