rfq_dental_JC _s_10 _.doc

COMMERCIAL ITEMS

Solicitation No. AG-82X9-S-09-0019

Project Name: Dental Services UNIT: Jacob’s Creek CCC

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

DATE

DATE

9/14/2010

NFORMATION CALL:

USDA Forest Service WO AQ Job Corps Support Branch

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UNRESTRICTED OR FORMCHECKBOX

SET ASIDE: 100% FOR

SMALL BUSINESS FORMCHECKBOX

EMERGING SMALL

BUSINESS

740 SIMMS ST., GOLDEN, CO 80401

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HUBZONE SMALL

NAICS: 621210 BUSINESS

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SERVICE-DISABLED VETERAN- FORMCHECKBOX

8(A)

SIZE STANDARD: $7 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

Jacob’s Creek Civilian Conservation Center

984 Denton Valley Road Bristol, TN 37620

16. ADMINISTERED BY CODE

SAME AS BLOCK #9

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

USDA, OFCD, COD, APB

P.O. BOX 60075

NEW ORLEANS, LA 70160

DUNS #:

TIN #

E-MAIL:

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

Provide Dental SERVICES AT JACOB’S CREEK Civilian Conservation Center IN ACCORDANCE WITH ATTACHED STATEMENT OF WORK, TERMS AND CONDITIONS.

-- CONTINUED ON PAGE 2 --

(Use Reverse and/or Attach Additional Sheets as Necessary)

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:

Lincoln S. Capstick III 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

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

ATTACH CURRENT CERTIFICATIONS/LICENSE WITH QUOTE

CCR REGISTRATION VALID UNTIL ________________________

SUBMIT COMPLETED EXPERIENCE QUESTIONNAIRE WITH QUOTE

SUBMIT COMPLETED FAR CLAUSES 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS

SEE SECTION M FOR EVALUATION CRITERIA

ALL INFORMATION REQUESTED ABOVE MUST BE SUBMITTED TO BE CONSIDERED TO BE RESPONSIVE TO THIS SOLICITATION.

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

CORRECTFOR

|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

PART I--THE SCHEDULE

SECTION B—Supplies or services and price/costs

SECTION C—Description/specifications/statement of work SECTION D—Packaging and marking SECTION E—Inspection and acceptance SECTION F—Deliveries or performance SECTION G—Contract administration data SECTION H—Special contract requirements

PART II--CONTRACT CLAUSES

SECTION I—Contract clauses

PART III--List of documents, exhibits, and other attachments SECTION J—List of attachments

ATTACHMENT i:

ATTACHMENT iI: Experience Questionnaire

ATTACHMENT III: Sample Invoice

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K—Representations, certifications, and other statements of offerors or respondents SECTION L—Instructions, conditions, and notices to offerors or respondents Solicitation provisions SECTION M—Evaluation factors for award

PART I—THE SCHEDULE

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 hours of services provided and performed pursuant to the Statement of Work.

No mileage or compensation will be allowed for travel to and from the stated Civilian Conservation Center(s).

JACOB’S CREEK CCC:

Provide Dental Services at Jacob’s Creek Civilian Conservation Center in Sullivan County, Bristol, Tennessee for the period beginning November 1, 2010 through October 30, 2011 and any subsequent option periods (maximum of 60 months) in accordance with the Terms of the Contract.

Monday-Friday except Federal holidays.

No mileage or compensation will be allowed for travel to and from Jacobs Creek Job Corps.

Base Period

November 1, 2010 to October 30, 2011

Diagnostic

Preventive

Radiographic

Restorative

Endodontics

Prosthodontics including sitting

Miscellaneous

O item No.

Diagnostic

Preventive

Radiographic

Restorative

Endodontics

Prosthodontics including sitting

Miscellaneous

Diagnostics

Preventive

Radiographic

Restorative

Endodontics

Prosthodontics including sitting

Miscellaneous

Diagnostics

Preventive

Radiographic

Restorative

Endodontics

Prosthodontics including sitting

Miscellaneous

Diagnostics

Preventive

Radiographic

Restorative

Endodontics

Prosthodontics including sitting

Miscellaneous

SECTION C-- CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

STATEMENT OF WORK

Contract Dentist; Dental Provider

Part I: General Information:

Within the scope of this contract the Center Dentist will also provide the following personnel in accordance with PRH staffing requirements. A Dental Assistant (6 hours/per 100 students/per week). In addition to assisting the dentist, the assistant may provide oral health education, perform clerical work, and provide authorized emergency oral health care under Health Care Guidelines. Certified or Licensed in the State of Tennessee. A Dental Hygienist (4 hours/ per 100 students / per week). Certified or Licensed in the Sate of Tennessee.

Introduction

The USDA Forest Service Jacobs Creek Job Corps Center, located at 984 Denton Valley Road, Bristol, Tennessee, is a residential, educational and vocational training facility for males and females aged 16 and not yet 25 years of age. The mission of our facility is to provide academic, vocational and life success skills training to our nation’s youth.

Background

Job Corps is a U.S. Department of Labor, Employment and Training Administration (ETA) program. Job Corps is designed to assist young people who both 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, General Education Development (GED), vocational skills training and support services is designed to help each student become a responsible and productive citizen.

All of the students live full-time at the Jacobs Creek Job Corps Center. The students attend classes at the center, where they have classroom facilities, a cafeteria, Health & Wellness Center, Recreational Facilities, and four dormitories. The students are provided allowances for personal expenditures.

The lengths of enrollment vary with each individual student. The programs are self-paced so therefore the students may remain in the program for up to two years. The average length of enrollment is approximately 8 months. An optional third year may be granted for students qualifying for advanced training.

Upon completion of the program, students are better prepared to obtain meaningful employment or further their education through the Job Corps sponsored Advanced Career Training (ACT) or college. Career transition services are provided to all students separating from the Job Corps program.

Student Eligibility: Applicants must meet all of the following criteria to participate in Job Corps:

· Must be at least 16 years of age but not yet 25.

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

Scope of Work

This contract is a Dental services contract as defined in the Federal Acquisition Regulation (FAR). The purpose of the contract is to assist students in attaining and maintaining optimal Health and Wellness by providing basic dental services as defined in the Job Corps Policy and Requirements Handbook (PRH) which can be accessed at the Job Corps community website: http://www.jobcorps.org . Each Center is required to provide a Dental Health and Wellness Program that includes routine dental health services/intervention for all students. The dental services include promotion, prevention, assessment, intervention treatment, and follow-up care. The dental team is to educate and teach students to achieve and maintain optimal dental health which will contribute to their ability to retain employment.

Jacobs Creek Job Corps is required by the Department of Labor to provide basic dental services to students (http://www.jobcorps.org PRH Chapter 6, 6-5). The Contractor shall provide Dental Services under this contract at the Jacobs Creek Job Corps Center, Bristol, Tennessee. This includes all labor, transportation of Contractor’s personal and incidental (other than those provided by the Government as outlined below) necessary to successfully provide dental services. The Dentist will not be scheduled during the center-wide student leave (approximately 2 weeks, twice per year) or on Federal holidays.

Other regulations related to providing Dental services are:

· U.S. Department of Labor, Job Corps Policy and Requirements Handbook (PRH) Ch. 6. Administrative Support, Part 6.10 – 6.12 Student Health Services.

Job Corp Community Website; http://www.jobcorps.org

· Technical Assistance Guide, Tag A; Oral Health & Wellness Program. Job Corps Health and Wellness Website/ Health Program Documents; http://www.jobcorpshealth.com/html/doc_main.htm

· Documents; http://www.jobcorpshealth.com/html/doc main.htm

· Code of Federal Regulations, CFR 670.525

CFR Website: http://www.do.gov/allcfr/title_20/Part-670/toc.html The above items are available to the Dentist at the USDA Forest Service, Jacobs Creek Job Corps Center, 984 Denton Valley Road, Bristol, Tennessee, from Health and Wellness Staff on duty.

In addition, the contract dentist agrees to adhere to all policies, procedures and guidelines; to make no public statement concerning Job Corps Students or Job Corps activities without prior written approval of the Center Director, or their designated representative; and, provide all research and /or publications relating to Job Corps Health activities to the National DOL Health Office, Washington, DC. for approval prior to publication.

Technical requirements (includes both technical and consultation requirements)

The Center and the Center Dentist hereby agree that the services to be provided will include, but will not be limited to, those health and wellness services specified in the Job Corps Federal Regulations (Title 20 Code of Federal Regulations, Part 638.510) in the Job Corps Policy and Requirements Handbook (PRH) Ch. 6, and applicable Technical Assistance Guides (TAGs) as cited above. These Services include:

· The development, implementation, and monitoring of the total oral health and wellness program, to help students become and stay employed, including:

· Advising the Health and Wellness Manager on all oral health-related matters. This shall include staffing requirements; the advisability of medical separations, including the furnishing of diagnoses, prognoses, 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 Dentist and the Center Director.

· Consulting with the wellness staff on ordering, accounting for, and safeguarding health equipment, supplies, and medications.

· The Center Dentist will work with the Health and Wellness manager prioritizing health needs and setting program direction accordingly. To accomplish this, the Center Dentist and wellness manager should confer with the center physician, mental health consultant and meet with the center director on a monthly basis to review policies and expenditures and establish restraints. If needed, the Center Dentist may involve the regional health, mental health, and dental consultants.

· Developing a system 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 (Health and Wellness Manager), Center physician, and CMHC (Community Mental Health Consultant).

· Providing advice and assistance to instructors on the implementation of the oral health and wellness program and promoting health and wellness outside the clinic walls, (i.e. out on center) to enhance employability of the total student population.

· Ensuring maintenance, confidentiality, and safeguarding of all health records.

· Issuing and maintaining signed and dated Dental Healthcare Guidelines for medical care in accordance with Technical Assistance Guide M; Health Care Guidelines (http://www.jobcorps.org) .

· Staying current on Job Corps policies and procedures by communicating with the HWM and frequenting the Job Corps Health and Wellness website (http://www.jobcorps.com/html/cod)

· Providing direct dental services to students including:

· Provide an oral health and wellness plan between the 45th and 75th day after the student’s arrival at the center.

· Providing a written diagnosis and treatment plan as part of an oral health and wellness plan for each student and obtaining agreement for voluntary care before proceeding with treatment.

· Establishing treatment according to priority classification and within program constraints.

· Providing basic dental care to students per PRH http://www.jobcorps.org .

· Providing oral health education to students.

· Establishing an appropriate referral system to ensure the receipt of specialty care as defined in the PRH and within budget constraints.

· Providing or arranging for 24-hour emergency coverage as needed.

· Participating in the coordination and integration of the oral health program with the wellness components, center activities, and center-community activities.

· Maintaining the accuracy and confidentiality of all required oral health and wellness records when they are in the subcontractor’s presence.

· Providing support to the students in acquiring the oral health-related skills, knowledge, and attitudes that will make them employable.

· Promoting opportunities for the students to practice the oral health-related skills that will help make them employable.

· Developing and complying with Job Corps infection control policies and procedures. http://www.jobcorps.org

· Reviewing and signing Health Care Guidelines annually for dental care in accordance with the Technical Assistance Guide (TAG M) http://www.jobcorps.org

· Enforcing appropriate student workplace behavior when students are in the dental office or waiting area.

The Center Dentist agrees to adhere to the policies, procedures, and guidelines established by Job Corps. The undersigned further agree that the Center Dentist 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 Dentist, with the concurrence of the Center Director, may delegate by written and dated health care guidelines any of his/her responsibilities set forth in this contract to appropriate fully qualified and licensed staff. The Center Dentist may delegate professional responsibilities set forth in this contract to another fully qualified and licensed full-or part-time dentist only with the Center Director’s prior concurrence and a prior review of the secondary dentist’s qualifications by the regional director and/or regional dental consultant

Dr. Kevin Avery ktavery33@aol.com

It is understood that the dental services provided by the Center Dentist are subject to monitoring and review by Job Corps. The Center Dentist may contact the regional dental consultant Dr. Kevin Avery with any questions/concerns

Criteria for Performance Evaluation

· Maintains current licensure and insurance as evidenced by having copies of the required licenses and insurance on file in the Wellness Department with 100% compliance.

· Assures that the Dental Assistant and Dental Hygienist maintain current licensure and insurance as evidenced by having copies of the required licenses and insurance on file in the Wellness Department with 100% compliance.

· Promotes coordination and integration of the dental health program and other Center programs and activities as evidenced by monthly meetings with the Health and Wellness Manager and other staff as needed with 100% compliance.

· Completes 100% of initial dental evaluations to include 4 dental bitewing x-rays of new students within the 45-75 day window per the PRH TAG A 2.2 with classification of the students’ oral health condition as Priority 1 (P1), Priority 2 (P2), Priority 3 (P3), or Priority 4 (P4) as described in Section 3.0.

· Provides a preliminary treatment plan as part of the oral health and wellness program that establishes priorities for providing oral health care (within program constraints) and lists specific services to be rendered on specific teeth with 100% compliance as evidenced by written dental notes in the dental area of the student medical record.

· Discusses the oral exam findings and any proposed oral care with the student and indicates whether the student accepts or declines the proposed oral care with 100% compliance as evidenced by written dental notes in the dental area of the student medical record.

· Provides emergency care management of acute conditions on a 24-hour basis as indicated in TAG A Section 2.3. Emergency care providers may include the Center Dentist, Health and Wellness personnel (within the scope of their license or job description), and other dental providers in the community as evidenced by responding to the health and wellness team within 30 minutes of notification of a dental emergency 100% of the time.

· As part of the oral health and wellness team, the Center Dentist will assist the health and wellness team to devise measures to encourage students to obtain treatment and preventive services by developing written oral health guidelines within the scope of the PRH and TAG A.

· Promote employability by providing oral prophylaxis to assist in maintaining good oral health as evidenced by the oral health treatment plans to be maintained in each student medical record.

· Maintain and protect student privacy and confidentiality pertaining to the oral health and wellness treatment of each student with 100% compliance.

· Monitors the dental assistant and dental hygienist to maintain 100% compliance with dental care charting in the student medical record, spore testing, and any other requirements per TAG A and the PRH.

· Assist the health and wellness manager and staff to secure appropriate referral arrangements within budget limitations. The Center Dentist needs to identify a local specialist and, if needed, arrange for the Regional Dental Consultant to review the specialist’s qualifications. The Center Dentist needs to request that the specialist submit a fee schedule or financial reimbursement plan for a range of off-center services.

· Advise Center staff (Center Director, Center Physician, HWM, health and wellness staff) on all oral health-related matters including the advisability of student medical separations for dental reasons and documenting the justification for medical separation in the student’s oral health record.

Supporting Information

Government Furnished Property:

· The center will furnish a fully equipped dental clinic facility with 2 rooms.

· The necessary equipment, supplies, and medication required to provide dental services. New equipment may be acquired on an as-needed basis

· Job Corp PRH and TAGs http://www.jobcorps.org

· Janitorial care

· Utilities for the clinic

· Linens, towels, washcloths

· Maintenance of facilities and equipment

Government Furnished Services:

· Health Center will provide a Health & Wellness staff to support the dentist while services are being performed on the center.

· The center will provide janitorial services and maintenance of equipment and facilities.

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

· Laundry services for wellness center linens Place of Performance

Services will provided at the USDA Forest Service, Jacobs Creek Job Corps, Health & Wellness Center Building, 984 Denton Valley Road, Bristol, Tennessee. The center is located approximately 20 miles outside of Bristol, Tennessee.

Period of Performance November 1, 2010 to October 30, 2011 with 4 option years.

Time of Performance

Work may be performed between 0730 and 1500, Monday thru Friday. Day is to be determined by Center Dentist and Health and Wellness Mgr. Schedule changes shall be approved by the Health & Wellness Manager. The preferred day for dental services is Monday to avoid Center wide scheduling conflicts. The Center Dentist will not be scheduled on Federal holidays or during the 2 week winter and summer breaks.

Requirement for Performance

The contractor shall be a fully qualified and licensed Dentist, a graduate of an approved Dental program. The contractor shall also be licensed to practice Dentistry in the State of Tennessee. The contractor shall carry professional malpractice insurance. Contractor agrees to provide copies to both the Contracting officer along with the offer and once the Contract has been awarded, to the Health and Wellness Manager.

Basis of Payment Payment shall be made in accordance with the Schedule of Items. Each month, contractor will submit an invoice for services provided. The Department of Labor occasionally has Health and Wellness Conferences for Health care providers. The Contract Dentist must obtain approval from the centers Administrative Officer prior to undertaking such travel to attend a Job Corps conference. Reimbursement will be at subsistence rates with supporting receipts, not to exceed Federal Travel Regulation Rates located at http://www.dol.gov

DEFINITIONS

CO – Contracting Officer Personnel responsible for award and administration of Government contract

ACO – Administrative Contracting Officer primary contact person for the contract

COR – Contracting Officer’s Representative Personnel delegated by the CO to oversee contract

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

HWM – Health and Wellness Manager

CMHC – Center Mental Health Counselor

CONTRACTOR FURNISHED CRITICAL ITEMS/SERVICES

The contractor must furnish all labor, supervision, transportation, and incidentals necessary to provide Dental Services.

CONTRACTOR FURNISHED CRITICAL tasks/subtasks

Technical requirements (includes both technical and consultation requirements)

The center and the center dentist thereby agree that the services to be provided will include, but will not be limited to, those health and wellness services specified in the Code of Federal Regulations (Title 20 Code of Federal Regulations, Part 638.510) in the Job Corps Policy and Requirements Handbook (PRH) Ch. 6, and applicable Technical Assistance Guides (TAGs)

ATTENDANCE, LEAVE, AND SUBSTITUTION

Attendance – The Dentist shall be contracted for 12 months a year with the exception of 2 weeks for both a summer and winter student break for a total of 4 weeks.

Work may be performed between 0730 and 1530, Monday thru Friday. A minimum of 8 hours per week is required per Department of Labor Guidelines, or 384 hours per contract year. An increase or decrease in scheduling may occur depending on the number of clients and sessions which will be determined and approved by the COR. The preferred day for dental services is Tuesdays to avoid Center wide scheduling conflicts.

Substitution – The Contractor shall work with the COR to provide alternate work hours for any scheduled or unscheduled absences. If an agreement cannot be reached by both parties, the Contractor shall follow the procedures outlined in C.5.3 at no additional cost to the Government. If the Contractor fails to adhere, the Contractor will then be charged for any day or fraction of a day that a portion of the program remains unoccupied.

Substitutions are NOT preferred or encouraged.

No position shall have a substitute in excess of (1) week without prior approval of the Contracting Officer.

SECTION D—PACKAGING AND MARKING

For this Solicitation, there are NO clauses in this Section

SECTION E--INSPECTION AND ACCEPTANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

FAR 52.246-1

Contractor Inspection Requirements (APR 1984)

FAR 52.246-4

Inspection of Services--Fixed-Price (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

FAR 52.242-15

Stop Work Order (AUG 1989)

AGAR 452.211-74 Period of Performance (FEB 1988) The period of performance of this contract is a base year + 4 option years.

AGAR 452.211-75 Effective Period of Contract (FEB 1988) The effective period of this contract is from date of award.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 AGAR 452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror will be scheduled within 10 days after the date of contract award. The conference will be held via teleconference and information will be provided by the contracting officer before the scheduled date and time.

G.2

INVOICE PROCESSING

Invoices shall be completed in accordance with contract clauses. Invoices shall be submitted to the COR for their acceptance of services rendered.

Payment shall be made in accordance with the schedule of items as shown in Section B. All other work will be considered incidental and included in the payment for the items listed in Section B. The contractor will be paid based upon the actual services provided and performed pursuant to the Statement of Work The Contractor shall forward a proper itemized invoice (see attachment III) for the services performed and accepted, at the contract rates. The invoice shall 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 shall be provided each month and shall be mailed to the attention of the designated Contracting Officer Representative (COR) to the address of the specific center where work was performed.

Cass Civilian Conservation Center

21424 N. Highway 23

Ozark, AR 72949

SECTION H--SPECIAL CONTRACT REQUIREMENTS

AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

Licensed Dentist

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

PART II--CONTRACT CLAUSES

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

SECTION I--CONTRACT CLAUSES

52.212-4 Contract Terms and Conditions—Commercial Items.

As prescribed in 12.301(b)(3), insert the following clause:

Contract Terms and Conditions—Commercial Items (June 2010)

(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 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.