AG-82A7-C-16-0089.pdf

TABLE OF CONTENTS

PART CONTENTS PAGE

I STANDARD FORM (SF) 1449 1-3

Table of Contents 4 Continuation of SF 1449 5-7

II CONTRACT CLAUSES 8-13

FAR 52.212-4, Contract Terms and Conditions - 8 Commercial Items Addendum to FAR 52.212-4 8-10

FAR 52.212-5, Contract Terms and Conditions Required to 10-13 Implement Statutes and Executive Orders

III CONTRACT DOCUMENTS, EXHIBITS, AND ATTACHMENTS 14-21

Performance Work Statement (PWS) 14-20

- Quality Assurance Surveillance Plan (QASP) 20-21

IV SOLICITATION PROVISIONS AND QUOTE SUBMISSION INSTRUCTONS 22-25

(This section will be removed at time of award)

NOTE: This contract was awarded using Simplified Acquisition procedures.

ATTACHMENT TO SF 1449 - SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | PAGE OF PAGES (Solicitation No AG-82A7-S-16-0089) | | IN REFERENCE TO Continuation of SF 1449 |__5 |__ 25___

PART I - CONTINUATION OF STANDARD FORM 1449

I. CONTINUATION OF BLOCKS 19 THROUGH 24 (Schedule of Services):

1. BASIC SERVICES: See the Performance Work Statement (PWS). 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 Medical services as specified herein.

Medical services are defined as Physician services or a combination of Physician and Physician Services/Nurse Practitioner services. All services provided must be in accordance with state regulations.

The Physician and/or Physician Assistant/Nurse Practitioner must have an active, unrestricted license to practice in state where the center is located. Primary care physician preferred – family medicine, pediatrics, or internal medicine.

Candidates with active, unrestricted licenses other than specified above, who are qualified to provide Physician services in the State where services are to be performance, MAY be considered at the sole discretion of the Government and would require a waiver prior to providing services.

All candidates require approval by the Contracting Office PRIOR to proving services at the Center before and after award.

Contractors are only responsible for providing for basic health care as detailed in the PWS in accordance with the Policy and Requirements Handbook (PRH) Exhibit 6-4 (Job Corp Basic Health Care Responsibilities).

2. LOCATION: The Contractor shall be fully responsible for providing Medical Services as indicated herein for the location listed below:

Boxelder Job Corps Center 22023 Job Corps Place Nemo, SD 57759

3. PERFORMANCE: Contractor personnel will perform all work required in the PWS for the amounts agreed to as stated below and in accordance with the applicable wage determination, if applicable. The center will be closed for two, two (2) week periods in the summer and winter and for all Federal holidays. The breaks generally occur the first two weeks in July and the last two weeks in December;

however, the exact dates are subject to change. The Contractor will be paid based upon the actual work performed pursuant to the PWS. Performance schedules shall be agreed to through mutual agreement with Center personnel.

4. SUBSTITUTE SERVICES: When Contractor personnel are on vacation, sick leave, or any other leave, qualified substitute(s) shall be provided by the Contractor in accordance with the PWS. The Contractor shall ensure that the current license(s) for each substitute personnel is submitted to the WO-AQM office for approval PRIOR to providing services.

ATTACHMENT TO SF 1449 - SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | PAGE OF PAGES

IN REFERENCE TO Continuation of SF 1449 |__6 |__ 25___

5. SCHEDULE OF SERVICES:

19.

ITEM

NO.

20.

SCHEDULE OF SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

TOTAL AMT

BASE YEAR SERVICES – October 01, 2016 through September 30, 2017

001 Medical Services (8 hours per week x 48 weeks per year) 384 HR $ $

BASE YEAR SERVICES TOTAL: $

ITEM

NO.

20.

SCHEDULE OF SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

TOTAL AMT

OPTION YEAR ONE SERVICES – October 01, 2017 through September 30, 2018

101 Medical Services

OPTION YEAR ONE SERVICES TOTAL: $

NO.

20.

SCHEDULE OF SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

TOTAL AMT

OPTION YEAR TWO SERVICES – October 01, 2018 through September 30, 2019

201 Medical Services

OPTION YEAR TWO SERVICES TOTAL: $

NO.

20.

SCHEDULE OF SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

TOTAL AMT

OPTION YEAR THREE SERVICES – October 01, 2019 through September 30, 2020

301 Medical Services

OPTION YEAR THREE SERVICES TOTAL: $

NO.

20.

SCHEDULE OF SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

TOTAL AMT

OPTION YEAR FOUR SERVICES – October 01, 2020 through September 30, 2021

401 Medical Services

OPTION YEAR FOUR SERVICES TOTAL: $

GRAND TOTAL WITH ALL OPTIONS: $____________________

ATTACHMENT TO SF 1449 - SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | PAGE OF PAGES

IN REFERENCE TO Continuation of SF 1449 |__7 |__ 25___

6. ADDIONAL INFORMATION

Emergency Services: Emergency services are not included into the scope of work. Should the center require emergency mental health assistance, the center shall contact 911 for immediate assistance.

Hours per Week: The requirement is a firm-fixed priced contract for 576 total annual hours which shall consist of 12 hours per week. It is acceptable for the center/contractor to ‘flex’ hours from one week to another as long as ALL the total annual hours are provided by the end of the contract period of performance. (Funding is for 48 weeks per annum)

Missed Days: All diligence and effort shall be made to make up any missed days/hours as soon as possible. Upon mutual agreement, additional hours can be provided outside the established schedule in order to make up any missed days.

ATTACHMENT TO SF 1449 - SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | PAGE OF PAGES

IN REFERENCE TO Contract Clauses _ |__8 |__ 25___

PART II -- CONTRACT CLAUSES

II. 1. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (MAY 2015)

As stated in Block 27 of the SF 1449, the provision at 52.212-4 – Contract Terms and Conditions – Commercial Items is hereby incorporated by reference, and any addendum to the provision applies to this acquisition, 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.

II. 2. ADDENDUM TO FAR 52.212-4

A. 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 address: https://www.acquisition.gov/far and http://www.dm.usda.gov/procurement/policy/agar_x/agar04/index.html. (End of Clause)

FAR 52.204-4 Printed or Copied Double-Sided On Recycled Paper (MAY 2011)

52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)

52.204.18 Commercial and Government Entity Code Maintenance (JUL 2015) 52.228-5 Insurance – Work on A Government Installation (JAN 1997) 52.232-40 Providing Accelerated Payments To Small Business Subcontractors (DEC 2013) 52.237-7 Indemnification and Medical Liability Insurance (JAN 1997)

*1 million dollars.

AGAR 452.224-70 Confidentiality of Information (FEB 1988) 452.228-71 Insurance Coverage (NOV 1996) 452.237-74 Key Personnel (FEB 1988) The Contractor Shall Assign To This Contract The Following

Key Personnel: *Physician and Physician Assistant/Nurse Practitioner, if applicable

452.237-75 Restrictions against Disclosure (FEB 1988)

B. CLAUSES AND OTHER CONTRACT REQUIREMENTS IN FULL TEXT

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 30 days.

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 30 days of expiration of the current contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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.

ATTACHMENT TO SF 1449 - SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | PAGE OF PAGES

IN REFERENCE TO Contract Clauses _ |__9 |__ 25___

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years and 6 months.

AGAR 452.209–71 Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants—

ALTERNATE I (FEB 2012)

(a) This award is subject to the provisions contained in sections 433 and 434 of the

Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434, amended and/or subsequently enacted.

452.204-71 Personal Identity Verification of Contractor Personnel (OCT 2007)

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

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

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

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

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

(f) The PIV Sponsor for this contract is a designated program point of contact, which in most cases is the COR\COTR, unless otherwise specified in this contract. The PIV Sponsor will be available to receive contractor identity information from Monday to Friday during business hours at the Job Corps Center. The Government will notify the contractor if there is a change in the PIV Sponsor, the office address, or the office hours for registration; however, it is the contractor's responsibility to meet all aspects of paragraphs (c), (d), and (e).

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, verbal, or emotional 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

ATTACHMENT TO SF 1449 - SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | PAGE OF PAGES

IN REFERENCE TO Contract Clauses _ |__10 |__ 25___

Contracting Officer and the Contracting Officer’s Representative (COR) 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. If the contractor cannot provide a substitute employee during the investigation, the contract may be terminated for performance related issues.

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, an assault felony, or any other violent crime, 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 as determined by the Contracting Officer. The consideration of another crime bearing on an individual’s fitness will be mutually agreed upon between the Contracting Officer and agency involved.

II. 3. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (NOV 2015)

(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(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)(Public Laws 108-77 and 108-78 (19 U.S.C.

3805 note)).

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

[Contracting Officer check as appropriate.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct

1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June

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 (Oct 2015) (Pub. L.

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

__ (5) [Reserved].

__ (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. (Oct 2015) (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) [Reserved].

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

__ (ii) Alternate I (Nov 2011) of 52.219-3.

ATTACHMENT TO SF 1449 - SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | PAGE OF PAGES

IN REFERENCE TO Contract Clauses _ |__11 |__ 25___

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Jan 2011) of 52.219-4.

__ (13) [Reserved] _X_ (14)(i) 52.219-6, Notice of Total Small Business Set-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 (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (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 (Oct 2015) of 52.219-9.

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

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

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

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C.

657 f).

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned

Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns

Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

_X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

_X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

_X_ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (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.)

__ (35)(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.)

__ (36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

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

__ (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

__ (41) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

ATTACHMENT TO SF 1449 - SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | PAGE OF PAGES

IN REFERENCE TO Contract Clauses _ |__12 |__ 25___

__ (42)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (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, 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 (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (43) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 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. 2302 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. 4505, 10 U.S.C.

2307(f)).

__ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_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 (May 2014) (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.] _X_ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

_X_ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

_X_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

_X_ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple

Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_X_ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May

2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

__ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 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.

(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

ATTACHMENT TO SF 1449 - SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | PAGE OF PAGES

IN REFERENCE TO Contract Clauses _ |__13 |__ 25___ 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 (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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 $700,000 ($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 (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

(ix) 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.

(x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xi) __(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).

__(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvi) 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).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 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.

ATTACHMENT TO SF 1449 - SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | PAGE OF PAGES

IN REFERENCE TO Contract Documents _ |__14 |__ 25___

PART III -- CONTRACT DOCUMENTS

PERFORMANCE WORK STATEMENT

III. 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.

III. 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; General Educational Development (GED); vocational skills training; residential living program;

healthcare; and related support services. The comprehensive combination of training and support services is designed to help each student become a responsible and productive citizen. 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.

III. 3. CONTRACT EFFORT REQUIRED:

Basic Job Corps Health-Care responsibilities for Medical Services are described below; including intakes, well-exams, immunizations, and prescription services in conjunction with the Center Mental Health Consultant:

Cursory medical evaluation by a qualified health professional (usually within 48 hours of the student’s entry) Entrance physical examination by a qualified health professional (usually within 14 days after entry using Job Corps approved history and physical forms) Required entry laboratory studies Hemoglobin or hematocrit Pregnancy test (all females) Pap smear (all females > 21 year of age) Chlamydia and gonorrhea testing HIV testing Urine drug screen Immunizations, to include boosters for incomplete immunization series, and hepatitis B vaccine for health occupations training students Tuberculin skin test (Mantoux) Vision and hearing screening Episodic illness treatment and/or injury assessment

ATTACHMENT TO SF 1449 - SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | PAGE OF PAGES

IN REFERENCE TO Contract Documents _ |__15 |__ 25___

Minor conditions, such as respiratory infections or flu symptoms Care for illness and injury, including first aid and CPR, and other care within capabilities, e.g., injection of epinephrine, and immediate transfer to hospital emergency room for specialized diagnosis and treatment during scheduled weekly visits, if necessary.

Treatment of urgent and other conditions not needing specialized care and that are within capabilities during scheduled weekly visits, as needed.

Management of chronic health conditions when needed Referral to off-center physician services for detailed specialized assessment as needed.

Prescription services in coordination with the Center Mental Health Consultant (CMHC).

III. 4. POSITION REQUIREMENTS:

Medical Services are required on a weekly basis to assist students in attaining and maintaining optimal health with the services being provided at the Center, unless, through mutual agreement of the Contractor and the center personnel, services shall be provided off-center. Off-center services must be established prior to award.

Medical 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 medical 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;

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 PRH;

where feasible, providing physician services to those students who require hospitalization; and provide 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;

ATTACHMENT TO SF 1449 - SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | PAGE OF PAGES

IN REFERENCE TO Contract Documents _ |__16 |__ 25___

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 that does not involve actual travel.

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.

III. 5. SCHEDULE AND AVAILABILITY:

Medical services are required on a weekly basis, during days of the week and hours of the day established in coordination with Center personnel. . The days and times of services shall be upon mutual agreement between the Contractor and center personnel and must be considered reasonable. A reasonable schedule would be considered providing services one (1) or two (2) days a week, M-F, 8am – 5pm.

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. However, any changes to the required hours will be executed via a bilateral modification to the contract

Key Personnel must provide a current contact number to the Center HSM or COR.

III. 6. QUALIFICATIONS OF CONTRACTOR PERSONNEL:

A. 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;

must be able to practice independently, or provide the contact information for a supervising physician.

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 applicable;

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. Information obtained through the background check may be used in determining contractor’s qualification for this contract. Information regarding a person’s race, national origin, color, sex, religion, disability, genetic information (including family medical history), or age will not be evaluated or have any impact on the determination of qualifications for this contract.

Government will terminate the contract for cause if the background check is determined to be unacceptable or if any aspect would jeopardize the health and safety of the students.

ATTACHMENT TO SF 1449 - SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | PAGE OF PAGES (Solicitation No AG-82A7-S-16-0089) | | IN REFERENCE TO Contract Documents _ |__17 |__ 25___

III. 7. 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 disbursed 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.

III. 8. RECORDS, REPORTS, AND REQUIRED SUBMITTALS:

A. 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.

III. 9. THE ROLE OF GOVERNMENT PERSONNEL AND RESPONSIBILITY FOR CONTRACT

ADMINISTRATION:

ATTACHMENT TO SF 1449 - SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | PAGE OF PAGES

IN REFERENCE TO Contract Documents _ |__18 |__ 25___

A. Contracting Officer: The Contracting Officer 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 administrative 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.

III. 10. GOVERNING REGULATIONS, HANDBOOKS AND REFERENCES:

A. 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.

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 Job Corps Health & Wellness information and Department of Labor Policy and Requirements Handbook (PRH): http://www.jobcorps.gov/Libraries/pdf/prh.sflb

III. 12. INVOICE PROCEEDURES:

Invoices should be submitted on a monthly basis, no later than ten days following the period being invoiced;

Invoices shall include only those services rendered during the billing period;

Invoices shall bill by Line Items as listed in the Schedule of Items;

Billing rates shall be in accordance with the firm-fixed rates listed in the Schedule of Items.

Invoices shall be submitted through the INVOICING PROCESSING PLATFORM (IPP) which can be accessed at:

http://www.ipp.gov/index.htm

IPP Customer Support – 1 (866) 973 – 3131

III. 13. CONTRACTORS PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)

In accordance with FAR 42.1502 – Past performance evaluation shall be prepared at least annually and at the time the work under a contract or order is completed for each contract and/or order that exceeds the

ATTACHMENT TO SF 1449 - SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | PAGE OF PAGES

IN REFERENCE TO Contract Documents _ |__19 |__ 25___ simplified acquisition threshold (SAT). This includes any contract and/or order that is below the SAT and is modified, which results in the contract exceeding the SAT.

(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of Agriculture (USDA) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(c) We request that you furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm’s past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at http://www.cpars.csd.disa.mil/. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation, and the report will be accessible at http://www.cpars.csd.disa.mil/. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official’s narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 – 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating “No comment” in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: “The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment.” Your response is due within 60 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation as “source selection information.” After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

ATTACHMENT TO SF 1449 - SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | PAGE OF PAGES

IN REFERENCE TO Contract Documents _ |__20 |__ 25___

(3)…