RFQ_-_Physician_-_Final.pdf

AG-82A7-S-14-0055 - Physician Services Page 1

TABLE OF CONTENTS

PART CONTENTS PAGE

I Schedule - Pricing 2-4

II CONTRACT CLAUSES 5-13

FAR 52.212-4, Contract Terms and Conditions -

Commercial Items

Addendum to FAR 52.212-4

FAR 52.212-5, Contract Terms and Conditions Required to

Implement Statutes and Executive Orders

III CONTRACT DOCUMENTS, EXHIBITS, AND ATTACHMENTS 14-18

Scope of Work / Performance Work Statement

Special Contract Requirements

Attachments (Separate Documents and are incorporated herein)

IV SOLICITATION PROVISIONS AND QUOTE SUBMISSION INSTRUCTONS 19-35

(This section will be removed at time of award)

NOTE: This acquisition utilizes Simplified Acquisition procedures. (insert if SAP)

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CONTINUATION OF STANDARD FORM 1449

1. Continuation of Blocks 19 through 24 (Schedule of Services):

BASIC SERVICES – See Special Contract Requirements, and Attachments 1 & 2. Provide all management, supervision, labor, supplies, materials, and equipment (except as otherwise specified herein); and plan, schedule, and coordinate as necessary to ensure effective performance of all Physician services as specified herein. The

Contractor shall be fully responsible for providing Physician Service as indicated herein for the location listed below:

Anaconda Job Corps Center

1384 Foster Creek Road

Anaconda, MT 59711

Prices for all years shall be based on the Wage Determination in Exhibit 1. Offerors shall not include any contingencies for increased labor costs for which adjustments are provided through FAR 52.222-43 or FAR

52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment clause.

Contractor personnel will perform all work required in the Performance Work Statement (PWS) for the amounts agreed to below, working Monday – Friday, excluding Federal holidays. Specific days and hours of duty are provided in the Performance Work Statement (Part III) and shall be agreed to through coordination with Center personnel. Contractors are only responsible for providing for basic health care as detailed in Exhibit 6-4

(Job Corp Basic Health Care Responsibilities).

When Contractor personnel are on vacation, sick leave, or any other leave, a qualified substitute Physician shall be provided by the Contractor in accordance with the PWS.

The quantities listed in the following Schedule of Services are based upon the limitations in accordance with the

Job Corps Program Requirements Handbook (PRH). The Contractor will be paid based upon the actual work performed pursuant to the PWS. A detailed breakdown of the proposed prices may be requested for evaluation purposes.

SCHEDULE OF SERVICES FOR SOLICITATION NUMBER

AG-82A7-S-14-0019

19.

ITE

M

NO.

20.

SCHEDULE OF SERVICES

21.

EST.

QUANT

ITY

22.

UNI

T

23.

UNIT

PRICE

24.

TOTAL AMT

BASE PERIOD SERVICES – July 1, 2014 – June 30, 2015

001 Physician Services - Up to 6 hours per week x 48 weeks per year

288 HR $ $

002 Physician Assistant/Nurse

Practitioner – Up to 6 hours per week x 48 weeks per year

288 HR S S

BASE PERIOD TOTAL: $

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19.

ITE

M

NO.

20.

SCHEDULE OF SERVICES

21.

EST.

QUANT

ITY

22.

UNI

T

23.

UNIT

PRICE

24.

TOTAL AMT

OPTION ONE SERVICES – July 1, 2015 – June 30, 2016

101 Physician Services - Up to 6 hours per week x 48 weeks per year

288 HR $ $

102 Physician Assistant/Nurse

Practitioner – Up to 6 hours per week x 48 weeks per year

288 HR $ $

OPTION ONE (1) TOTAL: $

M

NO.

20.

SCHEDULE OF SERVICES

21.

EST.

QUANT

ITY

22.

UNI

T

23.

UNIT

PRICE

24.

TOTAL AMT

OPTION TWO SERVICES – July 1, 2016 – June 30, 2017

201 Physician Services - Up to 6 hours per week x 48 weeks per year

288 HR $ $

202 Physician Assistant/Nurse

Practitioner – Up to 6 hours per week x 48 weeks per year

OPTION TWO (2) TOTAL: $

M

NO.

20.

SCHEDULE OF SERVICES

21.

EST.

QUANT

ITY

22.

UNI

T

23.

UNIT

PRICE

24.

TOTAL AMT

OPTION THREE SERVICES – July 1, 2017 – June 30, 2018

301 Physician Services - Up to 6 hours per week x 48 weeks per year

288 HR $ $

302 Physician Assistant/Nurse

Practitioner – Up to 6 hours per week x 48 weeks per year

OPTION THREE (3) TOTAL: $

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M

NO.

20.

SCHEDULE OF SERVICES

21.

EST.

QUANT

ITY

22.

UNI

T

23.

UNIT

PRICE

24.

TOTAL AMT

OPTION FOUR SERVICES – July 1, 2018 – June 30, 2019

401 Physician Services - Up to 6 hours per week x 48 weeks per year

288 HR $ $

402 Physician Assistant/Nurse

Practitioner – Up to 6 hours per week x 48 weeks per year

OPTION FOUR TOTAL: $

Total Amount – Including Base and All Four (4) One-year option periods:

Please Note:

1. Procedure Pricing:

The Physician contractor for the Anaconda Job Corps Center.is required to provide only “basic health care” and “emergency advice” as defined in PRH Exhibit 6-4 (see attached). All students requiring additional treatments beyond what is stated in PRH Exhibit 6-4 shall be separated under Medical Separation with

Reinstatement Rights (MSWR) status.

2. Emergency Services:

Consultations are included in the prescribed number of hours. If the medical provider exceeds the prescribed hours in a given week, hours may be borrowed from another week to provide for full compensation.

3. Hours per Week:

It is acceptable for the center/contractor to ‘flex’ hours from one week to another as long as the total hours per month does not exceed an average of the prescribed hours per week. (Funding is for 48 weeks per annum, per position.)

Please Note: if Physician Assistant/Nurse Practitioner is not available, only price Physician Services

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PART II – CONTRACT CLAUSES

2.1 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (SEP

2013)(TAILORED)

(As stated in Block 27 of the SF 1449, this clause is Incorporated By Reference; however, in accordance with FAR 12.302, the following paragraphs of this clause have been tailored, all other paragraphs remain unchanged.)

(c) Changes (tailored). Changes in the terms and conditions of this contract may be made only by written agreement of the parties. NOTE: Modifications to exercise option years are issued unilaterally, as it’s at the Government’s sole discretion to invoke additional performance periods.

2.2 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 these addresses:

https://www.acquisition.gov/far http://www.dm.usda.gov/procurement/policy/agar.html

AGAR 452.204-71 Personal Identity Verification of Contractor Personnel Oct 2007

452.224-70 Confidentiality of Information Feb 1988

FAR 52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011

52.228-5 Insurance -- Work on a Government Installation Jan 1997

2.3 TERM OF CONTRACT

Performance of the work requirements under this contract is expected to begin on July 1, 2014 and continue through June 30, 2015, with four (4) one-year option periods.

2.4 AGAR 452.228-71 Insurance Coverage

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable

Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

https://www.acquisition.gov/far http://www.dm.usda.gov/procurement/policy/agar.html

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(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the

United States shall provide coverage of at least $200,000 per person and 500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the

Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

2.5 KEY PERSONNEL (FEB 1988)

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

(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.

2.6 AGAR 452.237-75 RESTRICTIONS AGAINST DISCLOSURE (FEB 1988)

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting

Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

2.7 REPORTING ALLEGED CHILD ABUSE

Pursuant to the spirit and requirements of P.L. 101-647, Section 225 and 226, the following applies:

Any employee or representative of the Contractor who becomes aware of allegations that a child in the program covered by this contract is (a) a victim of a crime of physical abuse, sex abuse, or exploitation; or (b) a witness to a crime committed against another person; shall make a report of the suspected abuse to the Contracting Officer’s

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Representative within 24 hours. The initial report shall be made by phone and shall be followed-up in writing, providing salient points of the allegations.

When such allegations about a contractor employee occur as covered by this clause, the Contractor employee who is the subject of the allegations will immediately be required to vacate the work site and will be replaced by another contactor employee. The subject employee will remain away from the work site until an investigation is completed. The Government will not incur additional costs by the Contractor who must provide a replacement employee.

The Contractor shall limit disclosure of documents concerning alleged child abuse to the persons who by reason of their participation in the proceeding have reason to know such information.

Any conviction of a sex crime, an offense involving a child victim or drug felony, will be grounds for denying employment or for dismissal of an employee in any position-serving children. Conviction of a crime other than a sex crime may be considered if it bears on an individual’s fitness to have responsibility for the safety and well-being of children. The consideration of another crime bearing on an individual’s fitness will be mutually agreed upon between the NTC and agency involved.

2.8 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS – COMMERCIAL ITEMS (JAN 2014)

(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)).

____ Alternate I (AUG 2007) of 52.222-50 (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:

_X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 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 (Apr 2010) (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 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013)

(Pub. L. 109-282) (31 U.S.C. 6101 note).

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___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub.

L. 111-5).

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of

Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014)

(Pub. L. 111-117, section 743 of Div. C).

_X__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013)

(41 U.S.C. 2313).

___ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012)

(section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section

743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

___ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

_X__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan

2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (13) [Reserved]

_X__ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (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__ (16) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (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.

___ (iv) Alternate III (July 2010) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

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___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) (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.

___ (22) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and

Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (23) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting

(Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011)

(15 U.S.C. 657f).

_X__ (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small

Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible

Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

_X__ (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (29) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

_X__ (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X__ (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X__ (32) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

_X__ (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

_X__ (34) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

_X__ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

_X__ (36) 52.222-54, Employment Eligibility Verification (Aug 2013). (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.)

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___ (37) (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.)

___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (39) (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__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug

2011).

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

___ (42) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (Nov 2012) (41

U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (Mar 2012) of 52.225-3.

___ (iii) Alternate II (Mar 2012) of 52.225-3.

___ (iv) Alternate III (Nov 2012) of 52.225-3.

___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul

2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10

U.S.C. 2303 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C. 5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

255(f), 10 U.S.C. 2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C.

2307(f)).

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_X__ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul

2013) (31 U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management

(Jul 2013) (31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332).

___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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 check as appropriate.]

___ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41

U.S.C. 351, et seq.).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple

Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009)

(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain

Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

___ (7) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495).

___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-

247).

___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

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(1) The Comptroller General of the United States, or an authorized representative of the Comptroller

General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the

Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-

40.

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)

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

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___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C.

351, et seq.)

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain

Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year

2008; 10 U.S.C. 2302 Note).

(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub.

L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

2.9 FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm fixed-price Contract.

2.10 FAR 52.217-8 -- Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the

Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the

Contractor within thirty (30) days of Period of Performance End Date

2.11 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within thirty

(30) calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty (60) calendar days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

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(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed

5 years and 6 months.

2.12 52.237-7 -- Indemnification and Medical Liability Insurance (Jan 1997)

(a) It is expressly agreed and understood that this is a nonpersonal services contract, as defined in Federal

Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor are rendered in its capacity as an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over professional aspects of the services rendered, including by example, the Contractor’s professional medical judgment, diagnosis, or specific medical treatments.

The Contractor shall be solely liable for and expressly agrees to indemnify the Government with respect to any liability producing acts or omissions by it or by its employees or agents. The Contractor shall maintain during the term of this contract liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence: $250,000.00.

(b) An apparently successful offeror, upon request by the Contracting Officer, shall furnish prior to contract award evidence of its insurability concerning the medical liability insurance required by paragraph (a) of this clause.

(c) Liability insurance may be on either an occurrences basis or on a claims-made basis. If the policy is on a claims-made basis, an extended reporting endorsement (tail) for a period of not less than 3 years after the end of the contract term must also be provided.

(d) Evidence of insurance documenting the required coverage for each health care provider who will perform under this contract shall be provided to the Contracting Officer prior to the commencement of services under this contract. If the insurance is on a claims-made basis and evidence of an extended reporting endorsement is not provided prior to the commencement of services, evidence of such endorsement shall be provided to the

Contracting Officer prior to the expiration of this contract. Final payment under this contract shall be withheld until evidence of the extended reporting endorsement is provided to the Contracting Officer.

(e) The policies evidencing required insurance shall also contain an endorsement to the effect that any cancellation or material change adversely affecting the Government’s interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer. If, during the performance period of the contract the Contractor changes insurance providers, the Contractor must provide evidence that the

Government will be indemnified to the limits specified in paragraph (a) of this clause, for the entire period of the contract, either under the new policy, or a combination of old and new policies.

(f) The Contractor shall insert the substance of this clause, including this paragraph (f), in all subcontracts under this contract for health care services and shall require such subcontractors to provide evidence of and maintain insurance in accordance with paragraph (a) of this clause. At least 5 days before the commencement of work by any subcontractor, the Contractor shall furnish to the Contracting Officer evidence of such insurance.

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PART III – Contract Documents, Exhibits, and Attachments

PERFORMANCE WORK STATEMENT

3.1 INTRODUCTION

The USDA Forest Service Job Corps Civilian Conservation Centers (JCCCC) provide academic, vocational, and life-learning skills to at risk youth and young adults at 28 Job Corps Centers across the United States (U.S.). As part of this program, youth and young adults at the Centers are provided healthcare services as follows: medical, dental, mental health, and drug & alcohol intervention. Each Forest Service JCCCC has a need for basic health services provided by licensed medical professionals that includes examinations and assessments, treatment, issuance of prescriptions and immunizations, monitoring health conditions, recommending hospitalization, follow-up care, and prevention planning and intervention.

3.2 BACKGROUND

Job Corps is a U.S. Department of Labor (DOL), 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. Services include the following: basic education, High School Diploma (HSD) program; High

School Equivalency Training (HiSET); 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. Student populations range from 100 to over 300 enrollments depending on the Center’s On Board Strength (OBS). 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.

3.3 CONTRACT EFFORT REQUIRED

a. Position: Physician Services are required on a weekly basis to assist students in attaining and maintaining optimal health with the services being provided at the Center or physician’s office as determined by the Contracting Officer (CO), Contracting Officer’s Representative (COR), and

Contractor. Physician services provided must comply with Job Corps policies, requirements, and guidelines, and must also include analysis and use of the most efficient and cost-effective practice of contemporary, evidence-based healthcare possible given available time, resources, and personnel. These services will involve the monitoring of the Health and Wellness (H&W) program to ensure that students acquire the health-related skills, knowledge, and attitudes that help make them employable; coordinating and integrating the Basic H&W program with other H&W components/activities on Center; and providing basic healthcare to enrollees and established students on Center. Provision of physician services requires, but is not limited to:

the ability to work both independently and as a member of a healthcare team to provide optimal services to a population of financially disadvantaged youth, ranging from 16 to 24 years in age;

ensuring patient privacy for all examinations, procedures, and consultations as mandated by

HIPPA;

providing written diagnoses and treatment plans as part of a Chronic Care Management Plan for students with chronic conditions/disabilities providing on-center immunization of enrollees for prevention and control of communicable disease as specified in PRH-6, Appendix 601 and TAG B, Immunization and Communicable

Disease Control;

AG-82A7-S-14-0055 - Physician Services Page 16 providing maintenance of chronic conditions; treatment of acute conditions; promotion and maintenance of a family planning program for students (including prescription birth control medications);

establishing an appropriate referral system to ensure the receipt of specialty care by students, as defined in the DOL Job Corps Policy and Requirements Handbook and within budget constraints;

ensuring availability for 24-hour emergency care either by phone consultation or direct patient care in the Wellness Center or private practice office;

where feasible, providing physician services to those students who require hospitalization; and providing student services in such a manner as to obtain positive Student Satisfaction Survey

(SSS) results as determined by Job Corps.

Additional services required in support of the Job Corps Center’s Health and Wellness Program follow:

Maintain, safeguard, and ensure the confidentiality of all required student health records when they are in the health clinic or in the possession of health and wellness team members according to the federal Health Insurance Portability and Accountability Act (HIPAA);

Develop, support, and ensure compliance with infection control policies and procedures, per

Occupational Safety and Health Administration (OSHA) and other Job Corps safety guidelines;

Participate in the Reasonable Accommodation Committee (RAC) meetings and file applicant review team meetings as requested;

Review the Job Corps Health and Wellness website (http://jobcorpshealth.com) and attend Job

Corps’ physician conference calls, webinars, and DOL physicians’ training as may be required

(actual travel expenses will be reimbursed for training requiring travel only if approved in advance by the Contracting Officer);

Ensure that regular preventive maintenance is performed on the medical equipment through the

Health and Wellness Manager (HWM);

Do not engage in any research projects and/or publications relating to Job Corps health activities without prior written approval from the Job Corps National Office in Golden, CO;

Advise and assist the health education instructor in the development and implementation of the health education program;

Report adverse student behavior incidents to the HWM or Contracting Officer’s Representative;

understand that medical services shall be subject to monitoring and review by Job Corps assessment teams and that cooperation with such teams is required.

b. Schedule and Availability: Physician services are required on a weekly basis, during days of the week and hours of the day established in coordination with Center personnel. Based on the Center’s current

OBS, the Contractor must provide at least the Minimum Staffing Requirements specified in the Program

Requirements Handbook (PRH). Center OBS and the PRH may change at any time; consequently, the quantity of required physician services hours may vary, depending on the needs of the student population.

Hours in addition to the PRH minimum requirement may be needed on an occasional basis, and will be requested in writing by the Contracting Officer (CO) in advance.

NOTE: The PRH currently requires that half the physician services provided be provided by a licensed physician, and the other half be provided by a physician assistant or nurse practitioner.

The Contractor is required to provide 24 hours advanced notice to cancel scheduled services. When Key

Personnel are unavailable, the Contractor will provide an acceptable substitute to provide services.

Substitute personnel must be approved in advance by the CO.

Off-Center office visits for after-hours care and consultation relating to emergency or urgent student needs shall be provided when required. Key Personnel must be available by telephone 24 hours per day, http://jobcorpshealth.com/

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7 days per week to provide emergency services. Key Personnel must provide a current emergency contact number to the Center HSM. When Key Personnel is/are unavailable, the Contractor will provide to the Center HSM a current emergency contact number of an acceptable substitute to provide emergency services.

Physician services will not be scheduled on federal Government holidays and are not required during the period of Center-wide student leave (approximately two weeks, twice yearly. In addition, physician services may be limited during the one to two weeks immediately preceding and following each of these breaks.

3.4 QUALIFICATIONS OF CONTRACTOR PERSONNEL

Contractor personnel:

must be registered/licensed with the state in which physician services will be provided; all licensing requirements/certification/accreditation of the contractor’s staff must be maintained during the entire performance period with proof being submitted at the request of the Government;

are responsible for maintaining their own malpractice/professional liability insurance and general liability insurance;

must provide a current Drug Enforcement Administration (DEA) registration number to the CO and

HWM for use in procuring necessary supplies in support of the work requirements;

if possible, must have admitting rights to a hospital within a reasonable traveling distance from the center to ensure ability to provide services to hospitalized center students;

may be subject to a criminal background check and drug testing as prerequisites for contract performance.

3.5 MATERIALS, EQUIPMENT, TRAINING, AND UTILITIES

A. The Government shall furnish the following: Adequate work space, equipment, supplies, and materials as needed to accomplish the work requirements outlined herein, including examination rooms and furniture, assessment equipment, telephone, computer, a fax machine, prophylaxis supplies, gloves, masks, and similar items (unless services are provided at the physician’s office). Prescription and over-the-counter medications will be provided at the Center. These supplies and property shall be utilized during the performance of this contract only while providing student care. The contractor will provide an itemized list of items needed to the HWM at least 30 days in advance of the desired delivery date to allow for adequate time for ordering and receiving.

B. The Contractor shall furnish the following: All labor, services, permits, licenses, transportation of Contractor personnel (as necessary), and incidentals (other than those provided by the federal

Government) as needed to fulfill the work requirements herein, for the hours required based on the

Center’s On Board Strength (OBS). In addition, the Contractor shall insure that all Contractor personnel and their agents are covered by professional liability (malpractice) insurance and general liability insurance during the entire performance period and agrees to indemnify and hold harmless the Job Corps

Center from any actions taken by, for, or against the Contractor or their agents that could result in additional expenses, fees, or lawsuits.

C. Security: The space, equipment, and supplies used by contractor personnel MUST be secured at all times, per Center requirements. The Contractor shall review security procedures with the Center

HWM and COR.

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3.6 RECORDS, REPORTS, AND REQUIRED SUBMITTALS

The following submittals are required during the period of performance of this contract:

Documentation of all examinations, tests, treatments, medications, referrals, etc. on approved Job Corps

Health and Wellness Program forms to be maintained in Students’ Health Records (SHR);

Review of and authorization of standing orders for healthcare annually, in accordance with Technical

Assistance Guide M: Health Care Guidelines; and

Reports to the Center Director (CD) and Health and Wellness Manager (HWM) on all health- related matters including student medical separations, justifications for and costs of special services, Health and

Non-Health Care Guidelines, equipment repair and replacement needs, depletion of medical supplies and medications, and other areas deemed appropriate.

The federal Government reserves the right to have the Job Corps Regional Health Coordinator and other authorized/qualified personnel conduct audits of Contractor services and student medical records to verify that quality services are being performed. A copy of any audit report shall be provided to the Contractor and

Contracting Officer (CO) within two weeks of the audit. Within two weeks after receipt of the audit report, the

Contractor shall submit a performance plan for improving services to the Contracting Officer (CO) for approval.

The Contractor shall implement the approved performance plan immediately.

3.7 THE ROLE OF GOVERNMENT PERSONNEL AND RESPONSIBILITY FOR CONTRACT

ADMINISTRATION

A. Contracting Officer: The Contracting Officer (CO) has the overall responsibility for the administration of this contract. The CO alone, without delegation, is authorized to:

Amend, modify, or deviate from the contract;

Request removal of unsuitable Contractor personnel;

Order re-performance of unacceptable work or performance by other means.

Other responsibilities may be delegated to authorized representatives.

B. Contracting Officer's Representative (COR): The COR will be designated in writing at the time of award to assist the CO in the day-to-day on-site administration of the contract requirements. The responsibilities of the COR include, but are not limited to the following:

Determining the compliance and adequacy of performance by the Contractor;

Ensuring adequacy of schedule and Quality Assurance Plan (QAP), as well as coordination of changes to the schedule and QAP if necessary.

3.8 GOVERNING REGULATIONS, HANDBOOKS AND REFERENCES

The Contractor shall provide Health and Wellness (H&W) services as specified in the following documents:

Job Corps Federal Regulations (Title 20 Code of Federal Regulations, Part 638.510) Part 684 as amended, Job Corps Program under Title TV-B of the Job Training Partnership Act.

Job Corps Policy and Requirements Handbook (PRH) Chapter 6 (Section 6.10, 6.11 and 6.12) http://fsweb.jc.wo.fs.fed.us/program-mgr/PRH.pdf

Applicable Technical Assistance Guides (TAG s). - Job Corps Policy and Requirement Handbook (PRH), Physician’s Desk Reference

Job Corps Physician Desk Reference, ET Handbook 330, Website for the Job Corps Health & Wellness http://fsweb.jc.wo.fs.fed.us/program-mgr/PRH.pdf

AG-82A7-S-14-0055 - Physician Services Page 19 information and Department of Labor Policy and Requirements Handbook (PRH):

www.jobcorpshealth.com/directives/in01-22a.pdf

3.9 QUALITY ASSURANCE SURVEILLANCE MATRIX

In accordance with FAR 37.401, the Government will evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered (e.g.

professional judgments, diagnosis for specific medical treatment, etc.)

The Contractor will receive performance evaluations in accordance with the Quality Assurance Surveillance Plan for this requirement, which shall be provided to the Contractor by the CO or the COR.

Performance evaluations will include assessment of the following:

Quality/Performance Standards Acceptable

Quality Level

Means of

Measurements

Contractor will, in accordance with Job Corps Policy and

Requirements Handbook (PRH), Program Instructions and

Health and Wellness Program Technical Assistance Guide

(TAG), maintain patient privacy as mandated by the

HIPPA.

100%

Observation, communications with

HSM and COR, and review of documentation

Contractor will provide Physician Services weekly on established days of the week for the number of hours required by the PRH and will be available to provide

Emergency Services as needed throughout the performance period.

90% Observation, review of documentation

Contractor will provide the Center HSM a current emergency contact number for emergency services.

100%

Communications with

HSM and COR, and review of documentation

Contractor will contact the COR 24 hours in advanced for cancellation of services. For planned absences, the

Contractor will coordinate with Center staff and the CO to provide an approved substitute, as well as a current emergency contact number.

100%

Communications with

HSM, CO and COR, and review of documentation

Contractor will provide mandatory physical exams, recording on the forms required by Job Corps within the established time frame.

100%

Communications with

HSM and COR, and review of documentation

Contractor will obtain the CO’s prior, written approval when specialized medical care is required by student that exceeds the usual amount required by a student.

100% Review of documentation and verification with CO

Contractor will provide a written diagnosis and treatment plan as part of a Chronic Care Management Plan for students with chronic conditions/ disabilities in an effort to maintain the condition in a status of stable.

100%

Communications with

HSM and COR, and review of documentation

Contractor will provide proof of current professional license, professional liability and general liability insurance, and current DEA registration to the CO and

HSM upon request.

100% Review of documentation

Contractor will attend DOL training for medical contractor 75% Communications with http://www.jobcorpshealth.com/directives/in01-22a.pdf

AG-82A7-S-14-0055 - Physician Services Page 20 as may be required. HSM and COR

Contractor will ensure that space, equipment, and supplies used by Contractor personnel are secured per Center guidelines.

100% Review by HSM and

COR

This requirement is being procured as a Performance-Based Service Acquisition. Accordingly, the Contractor will receive performance evaluations at least annually.