solicitation_Medical SVS_Centennial.doc

AG-82A7-S-10-0059

Physician Services

Centennial Job Corps Center

6/21/2010

7 /19/2010

1630 MST

U S Forest Service

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UNRESTRICTED OR FORMCHECKBOX

SET ASIDE: 100 % FOR

SMALL BUSINESS FORMCHECKBOX

EMERGING SMALL

BUSINESS

HUBZONE SMALL

NAICS: 621111 BUSINESS

SERVICE-DISABLED VETERAN- FORMCHECKBOX

8(A)

SIZE STANDARD: $10 million OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

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SEE SCHEDULE

13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) 13b. RATING

14. METHOD OF SOLICITATION

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RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

15. DELIVER TO CODE

Centennial Job Corps Center, Nampa, ID, 83687

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.

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

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SEE ADDENDUM

+ Return pages 1, 4-6, 50-60 (as applicable), and 61-65 along with the other documents required above and required for evaluation under FAR 52.212-2 – Evaluation Factors (page 49).

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

+ Attach current certification/license and proof of insurance with quote.

+ CCR valid until___________________

+ Submit completed Experience Questionnaire with Quote (see page 61).

+ Submit completed FAR Clause 52.212-3 Offeror Representations and Certifications – Commercial Items with Quote (see page 50) 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)

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ARE NOT ATTACHED

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ARE NOT ATTACHED

29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (REV.3/2005)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA ‑ FAR (48 CFR) 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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RECEIVED

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INSPECTED

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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

CORRECT FOR

|PARTIAL | |FINAL

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COMPLETE FORMCHECKBOX

PARTIAL FORMCHECKBOX

FINAL

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV.3/2005) BACK

TABLE OF CONTENTS

Attachments:

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 Centennial Job Corps Center.

BASE Period (Sept 1, 2010 – June 30, 2011)

OPTION Period 1 - (July 1, 2011 – June 30, 2012)

OPTION Period 2 (July 1, 2012 – June 30, 2013)

OPTION Period 3 (July 1, 2013 – June 30, 2014)

OPTION Period 4 (July 1, 2014 – June 30, 2015)

CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

PHYSICIAN SERVICES

SECTION C- DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 Background C.1.1 The U.S. Forest Service Centennial Job Corps Center (Center) is located at 3201 Ridgecrest Drive, Nampa, ID 83687, and is a residential, educational, and vocational training facility for students’ ages 16 to 25 years of age. The Centennial Job Corps Center is the place of performance for this contract. The mission of the Center is to provide academic, vocational and life learning skills to at-risk youths.

C.1.2 Job Corps is a U.S. Department of Labor, Employment and Training Administration (ETA) program. Job Corps is designed to assist young people who need, and can benefit from, the wide range of services provided at a Job Corps Center. Through its centers, Job Corps offers academic, vocational and life skills training using a unique approach of competency-based and individualized instruction. Services include: basic education, High School Diploma (HSD) program; General Education Development (GED); vocational skills training; residential living program; healthcare; and related support services. The comprehensive combination of training and support services is designed to help each student become a responsible and productive citizen.

Approximately 300 students live full-time at the Centennial Job Corps Center. The students attend classes at the Center. The Center has classroom facilities, hands on trade education, a cafeteria, health services, recreational facilities, and dormitories.

C.1.3 Job Corps is a self-paced program; therefore a student’s length of enrollment varies. Students may remain in the program for up to two years, but the average length of enrollment is approximately eight months. An optional third year is granted to students who qualify for advanced training. Upon completion of the program, students are better prepared to obtain meaningful employment or further their education through Job Corps sponsored Advanced Career Training (ACT) or college. Career transition services are provided to all students separating from Job Corps.

C.1.4 Students Eligibility: Applicants must meet all of the following criteria to participate in Job Corps.

· Applicants must be at least 16 years of age and not yet 25 years of age.

· Each applicant must be a U.S. citizen, a U.S. National, a lawfully admitted permanent alien, refugee, asylum or parolee, or alien who has been authorized by the U.S Attorney General to work in the United States.

C.1.5 The Job Corp assists students in attaining and maintaining optimal health by providing basic on-Center health services to include promotion, prevention, assessment, intervention, and treatment with follow up care. In addition, the Job Corps strives to educate students how to maintain a healthy lifestyle contributes to their ability to retain employment.

C.2 DEFINITIONS

CO - Contracting Officer, personnel responsible for the administration of the contract

COR - Contracting Officer Representative, personnel delegated by the CO for specified duties. A COR delegation outlining specific responsibilities will be provided to the Contractor after contract award.

TAG - Technical Assistance Guide(s) http://jchealth.jobcorps.gov/documents/tags/ PRH – Job Corps Policy and Requirements Handbook http://www.jobcorps.gov/pdf/prh.pdf

C.3 GENERAL

C.3.1 The contract is a non-personal health care services contact as defined in FAR Part 37. The purpose of the contract is to assist students in attaining and maintaining optimal health by providing basic on-center health services to include promotion, prevention, assessment, intervention, treatment and follow up care.

C.3.2 Centennial Job Corps Center is required by the Department of Labor to provide basic medical services to student. The Contractor shall provide Physician Services under this contract at the Centennial Basin Job Corps Center, Nampa, Idaho. This includes all labor, transportation of Contractor’s personnel and incidentals (other than those provided by the Government as outlined below) necessary to successfully provide Physician Services. The physician will not be scheduled during the period of center –wide student leave (approximately two weeks, twice yearly).

C.3.3 The Physician performing work must be registered/licensed/certified by the State of Idaho. To be considered for award the Contractor must submit, with their quote, proof of their current State of Washington registration, license, or certification and controlled substance registration certificate.

C.3.4 The Contractor shall maintain insurance as outlined in 52.228-5 Insurance -Work on a Government Installation, 452.228-71 Insurance Coverage, and 52.237-7 Indemnification and Medical Liability Insurance (of at least $1 million). Proof of insurance will be required prior to contract award and each time an option is exercised.

C.3.5 The Contractor must agree to adhere to all applicable policies, procedures, and guidelines, and shall make no public statements concerning Job Corps students or Job Corps activities.

C.3.6 The period of performance for this contract is Sept 1, 2010 through August 31, 2011, with four 12 month option periods.

C.4

CONTRACTOR FURNISHED CRITICAL ITEMS/SERVICES

C.4.1 All work shall be performed in accordance with the following:

a. Code of Federal Regulations (CFR), 20 CFR Section 638 and 20 CFR Section 670 —The CFR (http://www.gpoaccess.gov/cfr) states the operating requirements for Job Corps. The promotion and maintenance of student health and wellness is a desirable goal as well as a requirement under the CFR: “A Job Corps center operator must provide medical services, through provision and coordination of a wellness program which includes access to basic medical, dental, and mental health services for all students, from their date of enrollment until separation from the program.”

b. Policy and Requirements Handbook (PRH)—The PRH expands the CFR by establishing operating policy requirements for Job Corps centers. There are six PRH Chapters. Chapter 6, sections 6.10 – 6.12, defines the required parameters and services of center health and wellness programs. Although Chapter 6 is critical to understanding health requirements, Center staff should be familiar with the other PRH chapters too. The PRH is available at the following website: http://www.jobcorps.gov/pdf/prh.pdf

c. Technical Assistance Guides (TAGs)—TAGs contain technical assistance for implementing the policies and requirements set forth in the PRH. As new requirements are added to the PRH, new TAGs are developed to assist in implementing the policy. The TAG (TAG K) for Center Physicians and other health TAG’s are available at the following website – http://jchealth.jobcorps.gov/documents/tags/tagk_jul03.pdf

Note: The Contractor providing Physician Services shall use the PRH Chapter 6 (referenced in C.4.1.b.) while reviewing the TAG.

d. The Centennial Job Corps Center Operating Policies and Procedures Manual which is available on-site at the Job Corps Center.

e. For the purpose of the solicitation, any policies referred to in the Statement of Work that are not available online at a public website may be requested, in writing, from the Contract Specialist listed on page 1, Box 7(a) of the Standard Form 1449.

C.4.2 The environment of the service facility shall be maintained to provide the patient with privacy as mandated by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule. The Contractor will assure the maintenance, confidentiality, and safeguarding of all necessary health records. The program guides are available 24 hours a day to the Contractor at the Centennial Job Corps Center and are also available at the websites noted above. The Contractor shall make no public statements concerning Job Corps students or Job Corps activities without prior written approval of the Center Director or his designated representative. All research projects and/or publications relating to Job Corps physical and mental health activities will be approved through the Job Corps National Office, Washington, DC.

C.4.3 The Physician Services provided shall include, but are not limited to, the following:

C.4.3.1 Center Visits: development, implementation, and monitoring of the total center health and wellness program, to help students become and stay employed, including but not limited to:

a.

A cursory medical inspection for each student within the first 48 hours after arrival on center, and a definitive medical examination and health history of each student, within 14 days of arrival on center. The medical examination will include the interpretation of all routine laboratory tests. Although much of this work may be delegated, the center physician maintains the ultimate responsibility for the quality of work performed.

a. Perform examinations to include those items listed on the Report of Medical Examination, Standard Form 88 (http://www.gsa.gov/Portal/gsa/ep/formslibrary.do?formType=SF), which are considered necessary by the Contract Physician, and meet the minimum requirements of the Department of Labor, Job Corps, Policy and Requirements Handbook, Section 6.10-6.12 and Technical Assistance Guide K, Guide for the Center Physician. Refer to Section C.4 for information on these references.

b. Advising the center director and health services staff on all medical and health related matters. This shall include staffing requirements; the advisability of medical separations, including the furnishing of diagnosis, prognosis, and recommendations for future care; the utilization and cost of services; the personalization of patient care; and any other health areas deemed appropriate by the center physician and the center director.

c. Hold clinic 12 hours each week, at a time to be mutually agreed to by the Contractor and the COR, for the 48 weeks students are in residence at the Center, during the period of performance.

d. Consulting with center staff on ordering, accounting for, and safeguarding health equipment, supplies, and medications.

e. With due regard for Job Corps requirements, the center physician will prioritize health needs and set program direction accordingly. To accomplish this, the center physician should confer with the health and wellness manager (HWM), the center dentist, and center mental health consultant (CMCH), and meet with the Center Director or Administrative Officer on a monthly basis to review policies and expenditures for that period and establish restraints, if necessary, to stay within budgetary guidelines. The center physician may involve the regional health consultants in this process, if needed.

f. Work with other divisions to promote the coordination and integration of the health components (medical, oral health, mental health, environmental health, and health education) with other center activities. This will be done in cooperation with the HWM, center dentist, and CMHC.

g. Review the set of written standing orders and provide guidance to non-health personnel on how to deal with health emergencies and minor illnesses when Center Health Staff are not on duty

h. Prioritize health needs and help set program directions accordingly.

i. Confer with Center Dentist, Mental Health consultant and Health & Wellness Manager, and meet with the Center Director or representative on at least a monthly basis to review the program.

j. Work with the Health Services Manager who will prioritize scheduling of students for Contract Physician.

k. Advise the Health Services Manager of the need for additional treatment; and submit to the Health Services Manager, referrals for special medical treatment and diagnostic testing of students. These items include but are not limited to:

1. Arrangement of surgical or specialist services.

2. Interpret all routine x-ray and laboratory tests (consultation of radiographic interpretation is excluded)

l. Providing direct medical services to students, including:

1. Diagnosis and treatment of illness and injury, including the center physician’s availability on center for acute illness and injury visits.

2. Arrangements for preventive immunizations and detection and control of communicable diseases as specified in the PRH-6: Appendix 601 and Technical Assistance Information: Immunization and Communicable Disease Control.

3. Provision of all necessary referrals for specialist and institutional care and assisting in reviewing follow up information from such off-center referrals.

4. Providing a system of 24-hour emergency back-up coverage/referral as referenced in section C.1.6. Performance Schedule, item c.

m. The center physician agrees to adhere to the policies, procedures, and guidelines established by Job Corps. The center physician will have primary responsibility to implement the program outlined above and may be assisted by the Job Corps National Office and/or health consultants. The center physician, with the concurrence of the center director, may delegate by written and dated standing orders any of his/her responsibilities set forth in this contract to appropriate qualified staff. The center physician may delegate professional responsibilities set forth in this contract to another full- or part-time physician only with the center director’s prior concurrence and a prior review of the secondary physician’s qualifications by the regional director and regional medical consultant.

C.4.3.2

Emergency Care Requirements

a. 24-houre emergency coverage for students shall be provided by the Contractor throughout the life of the contract.

b. At the time of an emergency call, and depending on the nature of the emergency, the physician shall determine the need for transport to an emergency facility or the Contractor’s facilely, or the physician shall come to the Center.

c. The center will provide transportation for the student to the hospital or other medical facilities as determined by the physician.

d. The physician shall be required to contact the Health Services Manager or designee so that any required documentation on the student can be completed.

e. Emergency Calls-24-hour emergency services shall be available for the entire contract period. Emergency coverage is required year round. Holidays and vacation periods are to be arranged by mutual agreement between the Contractor and the Health Services Manager. The contractor shall be responsible for ensuring these services are available during holiday and vacation periods. These services shall be performed at the Contractor’s facilities or other mutually acceptable location. Cost for emergency work performed away from the Center is not covered by the hourly rate specified in this contract; rather it shall be in accordance with per call price shown in the Schedule.

C.4.3.3

Conferences

a. The contractor will be required to attend the annual Department of Labor health and wellness conference. Travel Reimbursement will be at actual subsistence rates with supporting receipts, not to exceed the Federal Travel Rates and Regulations. ALL travel costs will only be reimbursed based on the allowable government travel rates, as defined above. The reimbursement of these travel costs will be paid as a separate line item on this contract. Actual costs that can be reimbursed are food, lodging and airline transportation. Rental vehicles must be approved on a case specific basis and only actual costs will be reimbursed. The Contractor must obtain the approval of the Contracting Officer Representative and the Center Director prior to undertaking travel. See section H2.

C.5 GOVERNMENT FURNISHED PROPERTY/SERVICES

C.5.1 The government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract.

a. The Center will furnish full clinic facilities and equipment for performance of medical services. Offerors may contact Connie Schreiber, Health and Wellness Manager of the Centennial Job Corps, located at 3201 Ridgecrest Drive, Nampa, ID 83687, Building AB, telephone (208) 442-4532 for information on the facilities and to arrange a site visit to view the facilities and equipment. Suitability of facilities, equipment and supplies is the responsibility of the Contractor

b. The Center will provide necessary medical supplies and equipment used in routine treatment (clinic type) such as stethoscope, tongue depressors, etc. The Health Services manager shall be given an itemized list prepared by the Contractor of the supplies needed at least 30 to 60 days in advance of the desired delivery date in order to allow the Center adequate lead time to procure such supplies. The Contractor may be provided with catalogs from Government sources of supply in order that such sources can be utilized. In the event that supplies are unavailable from Government sources, supplies may be purchased on the open market by the authorized purchasing agent. The contractor is responsible for maintaining a sterile and organized work environment and to maintain the suitability of all government furnished facilities and supplies.

a. The Center will provide transportation for students when off-center treatment is necessary.

C.5.2 The government will provide a Registered Nurse, either a Forest Service employee or a contractor, to the Contract Physician, as needed, while services are being performed on the Center.

C.6 Record Management

C.6.1 Contractor will provide a copy of current required Physician certificates/license, and malpractice insurance upon each renewal period and must provide an emergency telephone number to the Centennial Basin Job Corps Center.

C.7 GOVERNMENT PUBLICATIONS/INDUSTRY STANDARDS/STATE STANDARDS/GOVERNMENT STANDARDS/TECHNICAL EXHIBITS

C.7.1 The TAG and PRH are available 24 hours a day to the Contractor at the Centennial Job Corps Center and are also available at the websites listed in Section C.4 above.

C.8 Invoicing and Payment C.8.1 The Contractor will provide an invoice to the Centennial Job Corps Center on a monthly basis. The invoice must be submitted after all services have been completed for the month. Payment shall be made in accordance with the Schedule of Items. Work Time Determination- Payments shall be computed based on the elapsed time worked from the time the Contractor reports their arrival to the Health Services manager until they are released by the Health Services manager. The Contractor shall not be reimbursed separately for travel time.

C.8.2 The Contractor shall forward a proper itemized invoice for the services performed and accepted, at the contract rates. The invoice should be mailed to the Contracting Officer’s Representative so that it is received by the 5th day of each month following the month services were provided. Payment shall be made monthly. One single billing is to be provided each month and should be mailed to:

U S Forest Service

Centennial Job Corps Center Attention: Health Services Manager

3201 Ridgecrest Drive Nampa, ID 83687 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.

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-xxx 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-xxx series and to maintain a list of employees eligible for a USDA Linc Pass 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 Linc Pass. Failure to maintain a sufficient workforce of employees eligible for a USDA Linc Pass 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 9 to 3, daily, at the Center address. 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).

Alternate I: Pending issuance of USDA Directives 4620-xxx series, replace paragraph (a) of 452.204-71 with the following paragraph (a):

(a) Before a contractor employee may begin work on this contract, each contractor employee must at a minimum and as directed by the PIV Sponsor:

i. Provide Sponsor with personal identity information required for PIV enrollment upon request.

ii. If no Background Investigation is completed or in progress, input information into Electronic Questionnaire for Investigations Processing (e-QIP) system located on the Office of Personnel Management (OPM) secure website, if available. If e-QIP is not available, fill out the appropriate SF-85, Questionnaire for Non-sensitive Positions, SF-85P, Questionnaire for Public Trust Positions, or SF-86, Questionnaire for National Security Positions, as appropriate, and items 1, 2, 8 through 13, 16 and 17a of the OF-306, Declaration for Federal Employment.. The current version of form SF-85 carries Office of Management and Budget (OMB) control number, 3206-0005. Form SF-85P has OMB control number 3206-0191. Form SF-86 has control number 3206-0007. Form OF-306 has OMB control number 3206-0182. See http://www.opm.gov/forms/pdf_fill/sf85.pdf; or http://www.opm.gov/forms/pdf_fill/sf85p.pdf; or http://www.opm.gov/forms/pdf_fill/sf86.pdf; and http://www.opm.gov/forms/pdf_fill/of0306.pdf.

iii. Complete a Fair Credit Reporting Release, and Submit fingerprints for a background check on two (2) FD-258 Fingerprint Charts. The Fair Credit Reporting Release is located at: http://www.usda.gov/da/pdsd/Web-Fair.htm.. The FD-258 Fingerprint Charts may be obtained by contract companies (not individuals) email request at fisdgoodwillwarehouse@opm.gov. Include the number of cards required, the address to which they should be mailed and a point of contact. Contractor employees’ fingerprints shall be taken by a Federal security office, or Federal, State, municipal or local law enforcement agency.

iv. Schedule an enrollment appointment. The Applicant will be notified (e.g. by e-mail) to schedule an enrollment appointment time and location in a web-based application.

v. Appear for the enrollment appointment at the time and place scheduled.

vi. Provide the Registrar with two I-9 identity source documents in original form. The identity source documents must be documents listed as acceptable for establishing identity on Form I-9, Employment Eligibility Verification, List A and B. The I-9 Form may be found at http://uscis.gov/graphics/formsfee/forms/files/i-9.pdf. At least one document shall be a valid State or Federal government-issued picture identification (ID) card. Applicants who possess a current State Drivers License or State Picture ID card shall present that document as one identity source document before presenting other State or Federal government-issued picture ID cards.

vii. Submit to a digital photo taken by the Registrar.

viii. Submit 10 rolled fingerprints to the Registrar. These fingerprints will be stored on the card for automated authentication during card usage.

ix. Digitally sign the enrollment package as instructed by the Registrar.

x. Pick up the credential at the specified time and place. The shipping address will be collected by the Sponsor as part of the personal identity information required for PIV enrollment. Finalization instructions to activate the credential will be sent via email to the Contractor Employee or Contractor Point of Contact (if Contractor Employee does not have an email address).

xi. Take the credential to an Activation station to activate it via biometric verification.

xii. Set a PIN for the credential at the Activation Station.

xiii. Provide a digital signature to complete the activation.

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.

452.211-74 Period of Performance (FEB 1988) The initial period of performance of this contract is from July 1, 2010 through June 30, 2011, with four additional 12 month option periods.

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 Government wide 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 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 sub-line 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.