AG-82A7-S-10-0022.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 68

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSE

DATE

AG-82A7-S-10-0034

DATE

04/09/2010

a. NAME b. TELEPHONE NUMBER(No collect 8. OFFER DUE DATE 04/26/2010

7. FOR SOLICITATION Donald R Watson calls) 303-275-5158 LOCAL TIME

INFORMATION CALL: Contract Specialist 1500 MST

9. ISSUED BY CODE 10. THIS ACQUISITON IS

U S Forest Service UNRESTRICTED OR SET ASIDE: 100 % FOR

Attn: Donald R Watson SMALL BUSINESS EMERGING SMALL

BUSINESS

740 Simms St. HUBZONE SMALL

NAICS: 621111 BUSINESS

Golden, CO 80401-4720 SERVICE-DISABLED VETERAN- 8(A) SIZE STANDARD: $10 million OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

Wolf Creek Job Corps Center , 2010 Opportunity Lane, Glide, Oregon 97443

16. ADMINISTERED BY CODE

See Block 9

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

USDA, OCFO, COD, APB

P.O. Box 60075 New Orleans, LA 70160

TELEPHONE N0.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

OFFER IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM N0. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Contractor shall provide Physician Services for Wolf Creek Job Corps Center, in accordance with attached schedule of items, statement of work, and terms and conditions.

+ Return pages 1, 4-5, 49-59 (as applicable), and 61 -61 along with the other documents required above and required for evaluation under

FAR 52.212-2 – Evaluation Factors (page 48).

+ All prices shall be entered on the Schedule of Items located in this solicitation (see pages 4-5).

+ Attach current copies of certification/license, proof of insurance and Drug Enforcement Agency number with quote.

+ CCR valid until___________________ + Submit completed Experience Questionnaire with Quote (see pages 61-62).

+ Submit completed FAR Clause 52.212-3 Offeror Representations and Certifications – Commercial Items with Quote (see page 51) as applicable (not required if ORCA is complete).

ALL INFORMATION REQUESTED ABOVE MUST BE SUBMITTED TO

BE CONSIDERED TO BE RESPONSIVE TO THIS SOLICITATION.

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN FOUR (4) 29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY DATED .. YOUR OFFER ON SOLICITATION ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.3/2005)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

Physician Services Wolf Creek Job Corps Center

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

|PARTIAL | |FINAL

COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location)

42c. DATE RECD (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV.3/2005) BACK

TABLE OF CONTENTS

Section Page No.

SF-1449 Solicitation/Contract/Order 1 Table of Contents 3 Schedule of Items 4 Statement of Work 6 Contract Clauses 10 Department of Labor Wage Determination 2005-2439, Rev 9, 10/29/2009 32 Solicitation Provisions 44 Evaluation Criteria 48 Offeror’s Representations and Certifications – Commercial Items 49 Attachments:

Experience Questionnaire 61 Proper Invoice Letter and Attachments 65

SCHEDULE OF ITEMS

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

ESTIMATED QUANTITIES

The quantities listed for each item are the governments best estimates based upon past experience. The contractor will be paid based upon the actual work performed pursuant to the Statement of Work.

The Contractor shall furnish, maintain, and replace, when deemed necessary by the Government, all supplies and equipment to provide Physician Services as specified in the attached statement of work. No mileage or compensation will be allowed for travel to and from the Wolf Creek Job Corps Center.

Item No.

Supplies or Services Estimated Quantity

Unit Unit Price Estimated Total Price

BASE Period (July 1, 2010 – June 30, 2011) 001 Physician Services on-site at Wolf Creek Job Corps Center (8 hours per week based on 48 weeks per year excluding summer/winter break periods)

384 Hours

Base Period Total

Supplies or Services Estimated Quantity

Unit Unit Price Estimated Total Price

Option Period 1 (July 1, 2011 – June 30, 2012) 101 Physician Services on-site at Wolf Creek Job Corps Center (8 hours per week based on 48 weeks per year excluding summer/winter break periods)

Option Period 1 Total

Supplies or Services Estimated Quantity

Unit Unit Price Estimated Total Price

Option Period 2 (July 1, 2012 – June 30, 2013) 201 Physician Services on-site at Wolf Creek Job Corps Center (8 hours per week based on 48 weeks per year excluding summer/winter break

Option Period 2 Total

Supplies or Services Estimated Quantity

Unit Unit Price Estimated Total Price

Option Period 3 (July 1, 2013 – June 30, 2014) 301 Physician Services on-site at Wolf Creek Job Corps Center (8 hours per week based on 48 weeks per year excluding summer/winter break

Option Period 3 Total

Supplies or Services Estimated Quantity

Unit Unit Price Estimated Total Price

Option Period 4 (July 1, 2014 – June 30, 2015) 401 Physician Services on-site at Wolf Creek Job Corps Center (8 hours per week based on 48 weeks per year excluding summer/winter break

Option Period 4 Total

Total Price (Base + 4 Option Periods)

CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

PHYSICIAN SERVICES

SECTION C- DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 GENERAL

The contractor shall furnish professional medical services, all travel, and incidentals, except as stated herein, necessary to provide medical services to students of the Wolf Creek Civilian Conservation Center, Umpqua National Forest, Glide, OR. Duties will include but will not be limited to, assisting in the development of a self health care program, orientation of new students, entrance physical exams, consultation with Center Director, and coordination with other Center Health Care Specialists. This contract is a non-personal health care services contract under which the contractor is an independent contractor. The Contracting Physician must be licensed in the State of Oregon and provide current copies of both Medical License and Drug Enforcement Agency (DEA) number. The Doctor must also sign an Ethics/Conduct statement. This statement of work consists of completing the task/subtasks in C.4 through the “Quality Assurance Requirements of C.9.

C.2 DEFINITIONS

CO Contracting Officer, the Government’s person responsible for the administration of the contract COR Contracting Officer Representative, person delegated by the contracting officer for specified duties.

TAG Technical Assistance Guide PRH Job Corps Policy Requirements Handbook HWM Health and Wellness Manager

C.3 LOCATION - The Wolf Creek Civilian Conservation Center is located at 2010 Opportunity Lane, Glide, Oregon 97443.

C.4 GOVERNMENT FURNISHED ITEMS

The government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract.

C.3.1 Examination room with standard equipment such as, but not limited to examination table and autoclave.

C.3.2 Medical supplies and drugs - the Center will furnish all medical supplies and equipment used in routine examination and treatment such as stethoscope, tongue depressors and a selection of prescription and non-prescription drugs as needed by the Contractor in providing medical services on site.

C.3.2 Other services furnished by the Center include:

Two Registered Nurses (Forest Service Employees) will be available to assist the Contract Doctor(s) as needed while services are being performed at the Center. Transportation for students when off-center treatment is necessary. Janitorial services.

C.5 CONTRACTOR FURNISHED CRITICAL ITEMS/SERVICES

C.5.1 Emergency care for Job Corps employees and authorized Center visitor will be provided when dictated by emergency situations.

C.5.2 Contractor will provide support to related educational programs in the form of advice on curriculum elements and occasional talks on medical concepts and related subjects.

C.5.3 The Contractor agrees to provide a copy of malpractice insurance to cover his/her professional services to students.

C.6 PERFORMANCE WORK STATEMENT TASKS/CRITICAL SUBTASKS

C.6.1 The Contractor shall provide direct medical services in accordance with Job Corps Policy and

Requirements Handbook (PRH) Chapter 6, Program Instruction, Technical Assistance Guides (TAG) for Health Services, and Wolf Creek Job Corps Center Standard Operating Procedures Manual. The PRH and TAG are available for review by the contractor by contacting the Health and Wellness Manager, Wolf Creek Job Corps Center, 2010 Opportunity Lane, Glide, OR 97443, 541-496-3507.

These services include, but are not limited to:

(1) Physical examination of each new student within 14 days of their arrival on Center including a initial routine medical examination, and a definitive health history of each new student within the first two weeks of arrival on Center. The medical examination shall include the interpretation of all routine laboratory tests, and when necessary, x-rays. It is estimated that there will be approximately 500 new students per year.

(2) Diagnosis and treatment of illness and/or injury.

(3) Arrange for preventative immunizations, skin tests and chest x-rays for tuberculosis and control of communicable disease, as defined in PRH Chapter 6 and TAG K.

(4) Assure all necessary referrals for specialists and institutional care are reasonable and are delivered to Center in a timely manner.

(5) Available on an on-call basis for telephone communications regarding urgent student health issues.

(6) Review potential student applicant files and advise the Center on suitability and accommodations required for entry to Wolf Creek Job Corps.

(7) Arrange for all necessary inpatient care in a timely manner.

C.6.2 The Contractor is responsible for developing, implementing and monitoring of the total Center health program, which shall include but not be limited to:

(1) Advise the Center Director and health service staff in all medical or health related matters. This shall include staffing requirements; the advisability of medical terminations, including the furnishing of diagnosis, prognosis, and recommendation; the cost of services, the personalization of patient care;

and any other health areas deemed appropriate by the Contractor and Center Director.

(2) Assist the Center staff in the development of a system to promote the coordination and integration of the health components (medical, mental health, and health education) with other Center activities.

(3) Provision of assistance in the implementation of the Health Education Program.

(4) Issuance and annual maintenance of standing orders for health and non-health personnel as prescribed in the PRH and supplements

C.6.3 Ensure that medical records are properly documented for enrollees. This shall include the completion of Report of Medical History (Standard Form 93) and Report of Examination (Standard Form 88).

C.6.4 The Contractor shall make no public statements concerning students of Job Corps activities without prior written approval of the Center Director or designated representatives.

C.6.5 All research projects and/or publications relating to Job Corps health activities will first be cleared through Job Corps National Health Office, Job Corps, Washington DC.

C.6.6 Department of Labor training for Medical Contractor may be required and approved by the HWM.

Contractor will be reimbursed for said training at actual expenses.

C.7 PERFORMANCE SCHEDULE

C.7.1 The contractor shall provide services at Wolf Creek Civilian Conservation Center weekly. Hours will be between 8:00am and 5:00pm with a minimum of eight hours of on-site work per week will be required. The physician will not be scheduled during the period of center-wide student leaves (approximately two weeks, twice per year) unless an emergency occurs to a student who is on-center during breaks.

C.7.2 If the contractor is unable to provide these services for reasons beyond his control, such as hazardous driving conditions, illness to self, etc., the trip may be canceled by mutual agreement with the Government. Services will be rescheduled through either verbal or written notification to the COR.

C.8 Effective Period of Contract

The effective base period of this contract covers the period, July 1, 2010 through June 30, 2011.

The effective period also includes each one year option period exercised at the Government’s discretion.

The total contract period may not extend beyond June 30, 2015.

C.9 QUALITY ASSURANCE PLAN

The contractor shall submit to the Contracting Officer a written Quality Control Plan (QCP) in response to the Quality Assurance Plan. A description of how the Contractor will maintain acceptable quality of services to be provided to the Government shall be identified. The contractor shall submit a daily number of scheduled appointments to the Contracting Officer Representative (COR) that were performed each day without any confidential information included.

Acceptability of contractor performance shall be based on the Government’s evaluation of results, not the frequency or method of performance. The Government will inspect the contractor’s performance on a random basis under this contract to ensure compliance with the contract requirements. When performance is below standard, the Contractor shall re-perform or correct any defective or non-conforming service at no additional cost to the Government.

Physician Services Wolf Creek Job Corps Center

The Government shall not pay for services that do not conform, do not meet performance standards, or have not been properly rendered.

*Remarks – Performance assessment shall be documented as it is conducted, by use of daily diaries; written documentation when reviewing draft and final reports; and telephone calls, e-mails, and conversations with the Contractor or a member of his staff. All performance shall be documented, whether acceptable or unacceptable, in accordance with the contract specifications. The contractor shall submit a daily number of scheduled appointments to the Contracting Officer Representative (COR) that were performed each day without any confidential information included.

QUALITY ASSURANCE PLAN

Standard

Critical Factors/Performance Standards

Method of Surveillance

Acceptable Quality Level Incentives/Disincentives

As specified in paragraph C.6.1

Physical exam and review of medical history of incoming students within 14 days

Random review of records by Center RN and/or COR

100% Incentive: Positive performance evaluation.

Disincentive: Options not exercised

As specified in paragraph C.6.1

Available on an on-call basis for telephone communications regarding urgent student health issues.

Review by Center RN and/or COR and Center staff input

100% Incentive: Positive performance evaluation.

Disincentive: Options not exercised

As specified in paragraph C.6.1

Arrange for necessary inpatient care or alternative

Review by Center RN and/or COR

100% Incentive: Positive performance evaluation.

Disincentive: Options not exercised

As specified in paragraph C.6.2

Education of and consultation with Center Director, RNs, Dentist, Mental Health Consultant

Review by Center RN and/or COR and Center staff input

100% Incentive: Positive performance evaluation.

Disincentive: Options not exercised

As specified in paragraph C.6.2

Assist staff in integration of health components with center activities and provide assistance for Health Education Program

Student input, Review by Center RN and/or COR

100% Incentive: Positive performance evaluation.

Disincentive: Options not exercised

As specified in paragraph C.6.2

Review of standing orders and revise if necessary

Random review of documentation by Center RN and/or

COR

100% Incentive: Positive performance evaluation.

Disincentive: Options not exercised

As specified in paragraph C.6.3

Written documentation for each physical examination

Random review of documentation by Center RN and/or

COR

100% Incentive: Positive performance evaluation.

Disincentive: Options not exercised

As specified in paragraph C.7.1

Hold weekly clinic hours for a minimum of 8 hours

Review of clinic schedule by Center RN and/or

COR

100% Incentive: Positive performance evaluation.

Disincentive: Options not exercised

Continuation of SF1449 Block 27: The full text of a clause or provision may be accessed electronically at www.arnet.gov/far/

CONTRACT CLAUSES

FAR 52.204-7 Central Contractor Registration. (Apr 2008)

(a) Definitions. As used in this clause— “Central Contractor Registration (CCR) database” means the primary Government repository for

Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and

Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the

DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer

Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”.

The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and ZIP Code.

(iv) Company Mailing Address, City, State and ZIP Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering.

Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g) (1)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database.

Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

Physician Services

FAR 52.204-9 Personal Identity Verification of Contractor Personnel. (Sept 2007)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system.

452.204-70 Inquiries. (FEB 1988)

Inquiries and all correspondence concerning this solicitation should be submitted in writing to the Contracting Officer. Offerors should contact only the Contracting Officer issuing the solicitation about any aspect of this requirement prior to contract award.

452.204-71 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR EMPLOYEES (Oct 2007)

(a) The contractor shall comply with the personal identity verification (PIV) policies and procedures established by the Department of Agriculture (USDA) Directives 4620-002 series.

(b) Should the results of the PIV process require the exclusion of a contractor’s employee, the contracting officer will notify the contractor in writing.

(c) The contractor must appoint a representative to manage compliance with the PIV policies established by the USDA Directives 4620-002 series and to maintain a list of employees eligible for a USDA LincPass required for performance of the work.

(d) The responsibility of maintaining a sufficient workforce remains with the contractor. Employees may be barred by the Government from performance of work should they be found ineligible or to have lost eligibility for a USDA LincPass. Failure to maintain a sufficient workforce of employees eligible for a USDA LincPass may be grounds for termination of the contract.

(e) The contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system.

(f) The PIV Sponsor for this contract is a designated program point of contact, which in most cases is the Contracting Officer Representative (COR), unless otherwise specified in this contract. The PIV Sponsor will be available to receive contractor identity information from * (hours and days) to * (hours and days) at * (office address for registration). The Government will notify the contractor if there is a change in the PIV Sponsor, the office address, or the office hours for registration; however, it is the contractor’s responsibility to meet all aspects of paragraphs (c), (d), and (e).

(End of clause)

*This information will be provided to the successful quoter.

452.211-72 Statement of Work/Specifications (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in this commercial solicitation.

FAR 52.212-4 Contract Terms and Conditions—Commercial Items (Mar 2009)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601- 613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers.

The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall

Physician Services Wolf Creek Job Corps Center remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by

EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act

(31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in

32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; Section 1553 of the American Recovery and Reinvestment Act of 2009 relating to whistleblower protections for contracts funded under that Act; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws

Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data.

To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database;

(B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database.

Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Feb 2010)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer shall check as appropriate.]

_x_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110- 252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Mar 2009) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

___ (4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009) (Pub. L. 111-5).

___ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999)(15 U.S.C. 657a).

___ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (7) [Reserved]

_x__ (8) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-6.

___ (iii) Alternate II (Mar 2004) of 52.219-6.

___ (9) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_x_ (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

___ (11) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008)(15 U.S.C. 637 (d)(4).)

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

_x_ (12) 52.219-14, Limitations on Subcontracting (Dec 1996)(15 U.S.C. 637(a)(14)).

_x_ (13) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999)(15 U.S.C.

637(d)(4)(F)(i)).

___ (14) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008)(10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (15) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (16) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set- Aside (May 2004) (15 U.S.C. 657 f).

_x_ (18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

_x_ (19) 52.222-3, Convict Labor (June 2003)(E.O. 11755).

_x_ (20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Aug 2009) (E.O. 13126).

_x_ (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_x_ (22) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

_x_ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

_x_ (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)(29 U.S.C.

793).

_x_ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

___ (26) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (27) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008)(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (28) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

_x_ (29) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

___ (ii) Alternate I (Dec 2007) of 52.223-16.

_x_ (30) 52.225-1, Buy American Act--Supplies (Feb 2009)(41 U.S.C. 10a-10d).

___ (31) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-283, and 110-138).

___ (ii) Alternate I (Jan 2004) of 52.225-3.

___ (iii) Alternate II (Jan 2004) of 52.225-3.

___ (32) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (33) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and…