Clauses Provisions Protestant Chaplain.doc
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ADDENDUM TO 52.212-4, CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (JUN 2010)
INVOICES
Invoices shall be submitted electronically to the e-mail address shown in Block 18a, page 1. Protected Microsoft Excel files are the preferred format; however, Adobe Acrobat Portable Document Format (PDF) and Microsoft Word are also acceptable. For payment and invoice questions contact Accounting Services Division at (304) 480-8300.
PAYMENT INFORMATION:
Receive a free email notice of your electronic payment. Register at www.ipp.gov.
OVERPAYMENTS
In accordance with 52.212-4 section (i) 5 Overpayments: Accounts Receivable Conversion of Check Payments to EFT: If the Contractor sends the Government a check to remedy duplicate contract financing or an overpayment by the government, it will be converted into an electronic funds transfer (EFT). This means the Government will copy the check and use the account information on it to electronically debit the Contractor's account for the amount of the check. The debit from the Contractor's account will usually occur within 24 hours and will be shown on the regular account statement.
The Contractor will not receive the original check back. The Government will destroy the Contractor's original check, but will keep a copy of it. If the EFT cannot be processed for technical reasons, the Contractor authorizes the Government to process the copy in place of the original check.
MARKING OF SHIPMENTS:
Please ensure that the order number (Block 4) is clearly visible on all shipping/service documents, containers, and invoices.
1052.201-70 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR) APPOINTMENT AND AUTHORITY (APR 2004) (DEVIATION) (DTAR)
a. The Contracting Officer’s Technical Representative will be named at award.
b. Performance of work under this contract must be subject to the technical direction of the COTR identified above, or a representative designated in writing. The term “technical direction” includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.
c. Technical direction must be within the scope of the specification(s)/work statement. The COTR does not have authority to issue technical direction that:
1. constitutes a change of assignment or additional work outside the specification(s)/work statement;
2. constitutes a change as defined in the clause titled “Changes”;
3. in any manner causes an increase or decrease in the contract price, or the time required for contract performance;
4. changes any of the terms, conditions, or specification(s)/work statement of the contract;
5. interferes with the Contractor’s right to perform under the terms and conditions of the contract; or
6. directs, supervises or otherwise controls the actions of the contractor’s employees.
d. Technical direction may be oral or in writing. The COTR shall confirm oral direction in writing within five workdays, with a copy to the contracting officer.
e. The contractor shall proceed promptly with performance resulting from the technical direction issued by the COTR. If, in the opinion of the contractor, any direction of the COTR, or his/her designee, falls within the limitations in (c) above, the contractor shall immediately notify the contracting officer no later than the beginning of the next Government work day.
f. Failure of the contractor and the contracting officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause titled “Disputes.”
CONTRACT TERM
This contract consists of a base period and four one-year option periods, as shown below:
Base Period:
October 1, 2011 through September 30, 2012 Option Period I:
October 1, 2012 through September 30, 2013 Option Period I:
October 1, 2013 through September 30, 2014 Option Period I:
October 1, 2014 through September 30, 2015 Option Period I:
October 1, 2015 through September 30, 2016
52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements—Commercial Item Acquisition (Feb 2007)
(a) The Government contemplates award of a Time-and-Materials or Labor-Hour type of contract resulting from this solicitation.
(b) The offeror must specify fixed hourly rates in its offer that include wages, overhead, general and administrative expenses, and profit. The offeror must specify whether the fixed hourly rate for each labor category applies to labor performed by—
(1) The offeror;
(2) Subcontractors; and/or
(3) Divisions, subsidiaries, or affiliates of the offeror under a common control.
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 before the contract expiration date.
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 the final 30 days of each contract period; provided, that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.
52.232-18 Availability of Funds (Apr 1984) Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.
NONDISPLACEMENT OF QUALIFIED WORKERS (EXECUTIVE ORDER JAN. 30, 2009)
(a) Consistent with the efficient performance of this contract, the contractor and its subcontractors shall, except as otherwise provided herein, in good faith offer those employees (other than managerial and supervisory employees) employed under the predecessor contract whose employment will be terminated as a result of award of this contract or the expiration of the contract under which the employees were hired, a right of first refusal or employment under this contract in positions for which employees are qualified. The contractor and its subcontractors shall determine the number of employees necessary for efficient performance of this contract and may elect to employ fewer employees than the predecessor contractor employed in connection with performance of the work. Except as provided in paragraph (b) there shall be no employment opening under this contract, and the contractor and any subcontractors shall not offer employment under this contract, to any person prior to having complied fully with this obligation. The contractor and its subcontractors shall make an express offer of employment to each employee as provided herein and shall state the time within which the employee must accept such offer, but in no case shall the period within which the employee must accept the offer of employment be less than 10 days.
(b) Notwithstanding the obligation under paragraph (a) above, the contractor and any subcontractors (1) may employ under this contract any employee who has worked for the contractor or subcontractor for at least 3 months immediately preceding the commencement of this contract and who would otherwise face lay-off or discharge, (2) are not required to offer a right of first refusal to any employee(s) of the predecessor contractor who are not service employees within the meaning of the Service Contract Act of 1965, as amended, 41 U.S.C. 357(b), and (3) are not required to offer a right of first refusal to any employee(s) of the predecessor contractor whom the contractor or any of its subcontractors reasonably believes, based on the particular employee's past performance, has failed to perform suitably on the job.
(c) In accordance with Federal Acquisition Regulation 52.222-41(n), the contractor shall, not less than 10 days before completion of this contract, furnish the Contracting Officer a certified list of the names of all service employees working under this contract and its subcontracts during the last month of contract performance. The list shall also contain anniversary dates of employment of each service employee under this contract and its predecessor contracts either with the current or predecessor contractors or their subcontractors. The Contracting Officer will provide the list of the successor contractor, and the list shall be provided on request to employees or their representatives.
(d) If it is determined, pursuant to regulations issued by the Secretary of Labor (Secretary), that the contractor or its subcontractors are not in compliance with the requirements of this clause or any regulation or order of the Secretary, appropriate sanctions may be imposed and remedies invoked against the contractor or its subcontractors, as provided in Executive Order (No.) 13495, the regulations, and relevant orders of the Secretary, or as otherwise provided by law.
(e) In every subcontract entered into in order to perform services under this contract, the contractor will include provisions that ensure that each subcontractor will honor the requirements of paragraphs (a) through (b) with respect to the employees of a predecessor subcontractor or subcontractors working under this contract, as well as a predecessor contractor and its subcontractors. The subcontract shall also include provisions to ensure that the subcontractor will provide the contractor with the information about the employees of the contractor needed by the contractor to comply with paragraph 5(c) above. The contractor will take such action with respect to any such subcontract as may be directed by the Secretary as a means of enforcing such provisions, including the imposition of sanctions for non-compliance: provided, however, that if the contractor, as a result of such direction, becomes involved in litigation with a subcontractor, or is threatened with such involvement, the contractor may request that the United States enter into such litigation to protect the interests of the United States.
Performance Evaluation This contract is subject to a performance evaluation. Following the end of each contract period and at contract completion, a completed Government evaluation shall be forwarded to the Contractor. The Contractor may submit written comments, if any, within the time period specified in the evaluation transmittal. The Contractor’s comments shall be considered in the issuance of the final evaluation document. Any disagreement between the parties regarding the evaluation shall be forwarded to the Bureau Chief Procurement Officer (BCPO). The final evaluation of the Contractor’s performance is the decision of the BCPO. A copy of the final performance evaluation report will be sent to the Contractor and to the Government's past performance database at www.ppirs.gov 52.212-5
CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS – COMMERCIAL ITEMS (AUG 2011)
(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 (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 (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).
__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).
_X_ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items).
__ (7) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011) (15 U.S.C. 657a).
__ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (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).
__ (9) 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).
__ (10) [Reserved]
_X_ (11)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).
__ (ii) Alternate I (Oct 1995) of 52.219-6.
__ (iii) Alternate II (Mar 2004) of 52.219-6.
__ (12)(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_ (13) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).
__ (14)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (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 (Jul 2010) of 52.219-9.
_X_ (15) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).
__ (16) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
__ (17)(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.
__ (18) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
__ (19) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
__ (20) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).
_X_ (21) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).
__ (22) 52.219-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2011).
__ (23) 52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2011).
_X_ (24) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
__ (25) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).
_X_ (26) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
_X_ (27) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
_X_ (28) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).
_X_ (29) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
_X_ (30) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).
_X_ (31) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
__ (32) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
__ (33)(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.)
__ (34) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
__ (35)(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_ (36) 52.223-18, Contractor Policy to Ban Text Messaging While Driving (Sep 2010) (E.O. 13513).
__ (37) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).
__ (38)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).
__ (ii) Alternate I (Jan 2004) of 52.225-3.
__ (iii) Alternate II (Jan 2004) of 52.225-3.
__ (39) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_ (40) 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).
__ (41) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (42) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
__ (43) 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)).
__ (44) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
_X_ (45) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).
__ (46) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).
__ (47) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).
__ (48) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (49)(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:
__ (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) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).
__ (8) 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 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 paragraphs (e)(1)(i) through (xi) of this paragraph 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 (Dec 2010) (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) [Reserved]
(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)).
___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 (Jan 2009).
(xiii) 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.
(xiv) 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.
PERFORMANCE WORK STATEMENT
PROTESTANT CHAPLAIN (40 not to exceed 50 HOURS PER WEEK)
1.0 PURPOSE
The Bureau of the Public Debt (BPD), on behalf of Armed Forces Retirement Home (AFRH), intends to acquire Chaplain services. The Chaplain shall have the overall responsibility of the Protestant Community Religious Activities and shall provide services in support of the Armed Forces Retirement Home – Washington (AFRH-W). Support programs shall be consistent with AFRH-W Instructions and Standard Operating Procedures (SOPs) for Religious Activities. Chaplains must be indorsed by their faith.
2.0 BACKGROUND
The United States Congress established the Armed Forces Retirement Home (AFRH) as a separate Federal Agency in 1991 when it enacted the Defense Authorization Act, Public Law 101-510. The AFRH is comprised of the Armed Forces Retirement Home – Washington, DC (AFRH-W) and the Armed Forces Retirement Home – Gulfport, Mississippi (AFRH-G).
3.0 REQUIRED SERVICES
The Contractor shall:
a. Conduct Sunday religious services.
b. Conduct daily pastoral visitation to and for all AFRH-W residents as a part of the overall chaplain pastoral support program.
c. Conduct rites and sacraments such as: communion, baptism, marriage, funeral, and worship services in accordance with established procedures of their particular faith group.
d. Refrain from infringing upon the sacraments other faith groups.
e. Develop and conduct religious services, including special religious services such as: Thanksgiving Day, Memorial Day, Veterans Day, Christmas Day, and Easter, which are ecumenical and/or non-denominational in character, when scheduled.
f. Subscribe to and support the visions and goals of pastoral care as outlined by the Standard Operating Procedures (SOPs) of the AFRH-W.
g. Sign in and out at located designated when arriving and departing AFRH-W. The Contractor invoices monthly for total time (hours and minutes) logged each month. Any additional minutes invoiced each month shall be rounded to the nearest 15 minute increment.
h. Identify subcontractors and receive approval by the Contracting Officer prior to assuming any religious activities.
i. Establish and implement methods consistent with the AFRH-W SOPs to ensure the coordination of ministries at AFRH-W.
j. Honor the chaplain dress code while on duty, which is clerical/dress shirts with jackets or shirt, for men, or dresses/dress slacks, for women, or other apparel.
k. Set up religious facilities, equipment and liturgical appointments for programs and worship services; assist and/or instruct other chaplains or volunteers during worship services.
l. Prepare and submit supply requisitions to the AFRH-W Resident Services Office for approval.
m. Prepare and submit forms and reports to the Chief, Resident Services as required by AFRH-W instructions and Religious Activities Standard Operating Procedures.
n. Organize and distribute devotional, religious education and publicity materials as directed by the various published programs of the Religious Activities Office.
o. Assist in the compilation and analysis of statistical data related to the Religious Activities as directed by AFRH-W Instructions and Standard Operating Procedures.
p. Work out of and be available for drop-in visits, appointments, and pastoral counseling in the office designated by the Government. These visits shall be performed during normal working hours and are to be scheduled so as not to interfere with the weekday visitation schedule.
q. Prepare and provide worship bulletins and other publications. Prepare worship bulletins and other publications necessary to accomplish Protestant worship and ministry.
r. Create an environment free of discrimination and harassment for all residents residing at AFRH-W and staff members with whom work is done; work with supervisory personnel to resolve resident complaints.
s. Help forecast office needs and requirements.
t. The Contractor may attend meetings and be a committee member as requested and with knowledge of the COTR.
u. Be responsible to set up all necessary equipment and supplies for pastoral duties and remove when pastoral work has been completed.
v. Provide religious services and environment to encompass special traditions and ceremonies related to the occasion.
4.0 PERSONNEL QUALIFICATIONS
a. Ordained minister of the Protestant Denomination, in good standing, with references.
b. 5 years minimum experience as an independent pastor of a congregation, including the experience and knowledge of institutional chaplaincy.
c. Exhibit effective communication skills, and ability to empathize in different situations.
d. Possess a pleasant attitude with the ability to get along with other constituents, peer professionals of all faiths, and AFRH-W residents.
e. Able to work as a team member of the Religious Activities office, and provide pastoral care to all residents regardless of denomination or faith.
f. Uphold high ethical and moral standards, in keeping with the environment of the AFRH-W leadership, the religious community(s) being served, and in keeping with the teachings of the Holy Scripture.
g. Able to respond to the AFRH-W with-in 30 minutes of after-hour emergency requirements.
5.0 OTHER REQUIREMENTS
5.1 The Contractor, although in fact not a Government employee, shall comply with Executive Order 11222, May 8, 1965, "Prescribing Standards of Ethical Conduct for Government Officers and Employees," and shall also comply with AFRH regulations implementing this Executive Order. Additionally, the Contractor shall comply with all safety practices, vehicle registration, speed limits and any other AFRH regulation and policy applicable to conduct standard.
5.2 All Contractor personnel shall adhere to the authorized speed limits while operating vehicles on the grounds of the AFRH-W. Contractor vehicles shall only be parked in areas as directed by the COTR. Contractor personnel are required to comply with District of Columbia laws, which require seat belts to be used at all times and restricts cell phone use. Speed limits on AFRH-W grounds are 15 mph unless otherwise posted. Only 5 mph is permitted through the shops and service area. Contractor personnel driving a motor vehicle on AFRH property cannot use a cell phone unless the vehicle is safely parked or the driver is using a hands-free device.
6.0 IDENTIFICATION BADGES
The Government will issue identification badges with name and photo at no cost to the Contractor. Contractor employees shall wear the Government issued identification badge over the front of the outer garment. When a contractor employee leaves the Contractor’s service, the employee’s identification badge shall be returned to the Government within two (2) days of departure.
7.0 ABSENCES
a. Backup Coverage - The Contractor shall provide backup coverage for the absences of all regularly scheduled Contractor employees.
b. Scheduled Absences - The Contractor shall schedule absences such as vacation, continuing education, and any other changes that could impact services to the residents, at least 6 weeks in advance. The COTR, and the Contractor shall mutually agree upon the scheduled absence and the Contractor shall provide a backup Chaplain who is a familiar with the procedures of AFRH
c. Unscheduled Absences - The Contractor shall notify the COTR four hours prior to the scheduled shift when unable to work (e.g. illness) and the Contractor shall provide a backup Chaplain.
8.0 UNFORESEEN GOVERNMENT FACILITIES CLOSURES
When an unforeseen Government facility closure occurs on a scheduled day of work, the Contractor shall not be required to perform any services on the day of the closure and shall receive no payment (unless the COTR designates these services are essential during the time of facility closure). In the event of a partial day (unforeseen Government facility closure), the Government will notify the Contractor within one hour after AFRH-W receives notification of the facility closure. Payment of a partial day closure will be made for the actual time worked.
9.0 GOVERNMENT-FURNISHED PROPERTY, EQUIPMENT & SUPPLIES
The Government will provide all required supplies and equipment to conduct religious services. Office space will be provided in the Sheridan Building with a computer, telephone service, and desk.
10.0 CONTRACTING OFFICER AUTHORITY
In no event shall any understanding or agreement between the Contractor and any Government employee other than the Contracting Officer on any contract modifications, change orders, letter or verbal direction to the Contractor be effective or binding upon the Government. All such actions must be formalized by the proper contractual document executed by the appointed Contracting Officer. The Contractor is hereby put on notice in the event a Government employee other than the Contracting Officer directs a change in the work to be performed or increases the scope of work to be performed, it is the Contractor’s responsibility to make inquiry of the Contracting Officer before making the deviation. Payments will not be made without being authorized by the appointed Contracting Officer with the legal authority to bind the Government.
11.0 GOVERNMENT REMEDIES
The Contracting Officer shall follow FAR 52.212.4, Contract Terms and Conditions-Commercial Items (May 1997), for Contractor’s failure to perform satisfactory services or failure to correct non-conforming services.
12.0 PERFORMANCE REQUIREMENTS SUMMARY (PRS)
The Contractor service requirements are summarized into performance objectives that relate directly to the mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.
| Task # |
| Required Service |
| Performance Standard |
| Monitoring Method |
| Incentive/ |
Disincentive
| 1 |
| Conduct rites worship services in accordance with established procedures of particular faith groups. |
| 100% Perform services in accordance with Instructions and Standard Operating Procedures (SOP) for Religious Activities. |
| Random Inspection |
| Unacceptable performance may be grounds for removal of the particular Contractor employee or termination of the contract. |
| 2 |
| Set up religious facilities, equipment and liturgical appointments for programs and worship services conducive to Protestant Services. |
| 100% Perform services in accordance with Instructions and Standard Operating Procedures (SOP) for Religious Activities. |
| Random Inspection |
| Unacceptable performance may be grounds for removal of the particular Contractor employee or termination of the contract. |
| 3 |
| Provide overall Protestant Religious Services as outlined in the Performance Work Statement (PWS) |
| 95% Perform services in accordance with the Performance Work Statement. |
| Random Inspection |
| Poor performance may result in reperformance at Contractor’s expense or termination of the contract. |
ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERS – COMMERCIAL ITEMS (JUNE 2008)
Proposal Preparation Instructions
Technical and price proposals are being requested in response to this solicitation. Proposals shall be submitted electronically to psb1@bpd.treas.gov Attn: E. De Graef/S. Tefft BPD-AFRW-12-0001, no later than September 1, 2011 by 2:00 PM ET. The Offeror assumes full responsibility for ensuring that offers are received by the due date and time specified in the solicitation.
Each proposal package shall include the following:
a. Written Technical Proposal
b. Past Performance
c. Pricing Proposal
The Offeror assumes full responsibility for ensuring all electronic materials and attachments submitted are formatted in accordance with the Bureau of the Public Debt Security Requirements. The following file extensions are not allowable and application materials/data submitted with these extensions cannot be considered:
.bat, .cmd, .com, .exe, .pif, .rar, .scr, .vbs, .hta, .cpl, and .zip files
Microsoft Office compatible documents are acceptable. If the Offeror determines that other formats are necessary, it is the Offeror’s responsibility to verify with BPD that those formats are acceptable. Proposal materials with unacceptable or unreadable formats may be found non-responsive.
Offerors must be registered and have an active status in the Central Contractor Registration (CCR) online data base at https://www.bpn.gov/ccr/default.aspx prior to the award effective date.
In addition to the items specified in the solicitation provision above, the following information is necessary to enable proper evaluation of offers in response to this solicitation.
Proposal Instructions
All prospective Offerors must read and understand all parts of the solicitation, proposal instructions, and evaluation factors, prior to responding or submitting a proposal. Submissions that do not follow instructions may be disqualified from further consideration.
The directions provided below assist in providing a fair, equitable and expeditious evaluation of all proposals. Offerors submitting a proposal shall include the following:
a.) Written Technical Proposal – The Offerors written technical proposal shall be concise and to the point. The written technical proposal shall consist of the following information:
(1) Technical Approach; A written narrative addressing the requirements in the Performance Work Statement that outline Protestant Chaplain qualifications.
b.) Past Performance – The Offeror shall provide at least three (3) references and more specifically any Federal Government references for whom similar supplies and/or services were provided:
(1) Federal Department of Agency Serviced;
(2) Year and Period of Performance Services were Performed;
(3) Contract Number;
(4) Contracting Officer's Name, Telephone, and Email;
(5) Total Amount of the Contract;
(6) Brief Description of the Supplies & Services Provided;
(7) Explanation of any problems or delays encountered;
c.) Pricing – The Offeror shall submit pricing in a separate document and refer to this solicitation. This solicitation provides for a firm fixed labor hour contract for 40 hours and not to exceed 50 hours per week.
ADDENDUM TO 52.212-2 EVALUATION -- COMMERCIAL ITEMS (JAN 1999)
The Government will award a delivery order resulting from this RFP to the responsible offeror whose offer conforming to the RFP is determined to be lowest priced, technically acceptable. The following factors shall be used to evaluate offers:
(A) Written Technical Proposal - The offeror shall submit a technical proposal that addresses the following technical evaluation factors:
(1) Technical Approach – The offeror shall respond with a description of its technical approach, which shall include the offeror's interpretation, approach to, and management of the requirements listed in the PWS. Evaluations will center on the offerors capabilities with respect to the following:
· Meeting PWS task requirements successfully
· Past Pastoral Education
· Past Pastoral Experience
· Current Licenses/Certifications
(B) Past Performance - The Offeror will be evaluated on performance under existing and prior contracts for similar products or services. The Government will focus on information that demonstrates the Offerors quality, cost control, timeliness, problem resolution, and business relations under existing or prior contracts. The Government will contact references to obtain additional information. An Offeror with no past performance will receive a neutral rating (the rating will not add or detract from its rating).
The relevance of the Offeror's past performance will be evaluated on work comparability, in terms of size, scope, and complexity, and relationship to skill sets furnished when compared to the requirements of this solicitation.
(C) Price Proposal - A separate price proposal shall be included with the offer. This RFP provides for a firm-fixed labor hour proposal for all requirements identified in Section 3.0 of the Performance Work Statement. For evaluation purposes, the hourly rate will be multiplied by the not to exceed 50 hours to determine the sum for proposal comparison.
Offerors are encouraged to propose promotional or discount pricing in order to take advantage of any efficiency or economy in scale due to a single award.
Basis for Award
Proposals will be evaluated to determine the offeror’s ability to complete all technical requirements for performance. Any proposal that addresses only part of the technical requirements may not be considered fully responsive to the Government’s technical needs and may not be accepted. Failure to furnish all and complete information requested may cause an offeror to be considered unacceptable.
Award will be made on a low price, technically acceptable basis. The Government has set a high standard for evaluating a vendor technically acceptable. It is our intent to review the lowest price response first. If it is rated technically acceptable the other responses will not be reviewed and award will be made. If it is determined not to meet the established technically acceptable standard it will not be considered further and the next lowest price response will be reviewed and so forth. If no responses are evaluated as technically acceptable the Government reserves the right to conduct negotiations with all offerors or to cancel the RFP.
BPD-AFRH-12-0001
File details come from the government source that posted it. Updated .