EMT_RFP_DJD-16-R-0011.docx

DJD-16-R-0011

Final

U.S. DEPARTMENT OF JUSTICE

DRUG ENFORCEMENT ADMINISTRATION

OPERATIONAL MEDICAL SUPPORT AND TRAINING PROGRAM

Office of Training (TR)

RFP: DJD-16-R-0011

TABLE OF CONTENTS

SOLICITATION/CONTRACT/ORDER: Standard Form (SF) 1449………………………… . 1

SOLICITATION: Solicitation Notice ……………………………………………

SECTION 1.0: Schedule of Services..………… …………………………………………………….. 3

SECTION 2.0: Statement of Work ………………………………………………

SECTION 3.0: Contract Administration………………………………………

SECTION 4.0: FAR and DEA Contract Clauses…………………………….…………………… 21

SECTION 5.0: FAR and DEA Contract Provisions………………………..…………………… 37

SECTION 6.0: Instruction to Offerors..……………………………………..……………………. 62

SECTION 7.0: Evaluation Factors/Basis for Award ……………………………………….. 67

ATTACHMENTS AND EXHIBITS: ………………………………………..……………………………... 70

Section 1 Schedule of Supplies or Service

1.0 Minimum Guarantee / Contract Maximum

The maximum value for this contract is the sum of Contract Line Items (CLIN) 0001 – 0003. The guaranteed minimum under this contract is the amount of the first task order issued in the base period.

1.1 Ceiling Price

The ceiling price of this contract is established at the time of award. The Contractor shall not make expenditures nor incur obligations in the performance of this contract that exceed the ceiling price specified, herein, except at the Contractor’s own risk.

1.2 Ordering

The Government shall pay the contractor the fixed unit rate for services in effect on the date of the task order even if the task order is later modified for any reason and/or performance under the task order crosses in to another performance period.

1.3 Schedule of Services

Important: The Contractor’s unit price shall be a single loaded rate per Contract Line Item Number (CLIN) that includes direct labor, fringe, overhead, general administrative and expenses and profit. In addition, for Non-Exempt positions, the Contractor’s single loaded rate incorporates the Wage Determinations in Exhibit 2 for all of the locations under the contract.

Base Period: Period of performance TBD

OPITON YEAR 1: Period of performance TBD

OPITON YEAR 2: Period of performance TBD

OPITON YEAR 3: Period of performance TBD

OPITON YEAR 4: Period of performance TBD

[End of Section]

Section 2 Statement of Work

2. Background:

The Drug Enforcement Administration (DEA), Office of Training (TR), Operational Medical Support and Training Program has a requirement for emergency medical training, certification and support services for Emergency Medical Technicians (EMTs) and DEA Special Agents. The Operational Medical Support and Training Program, otherwise known as the Emergency Medical Technician (EMT) program, provides specialized continuing medical education and advanced training applicable to EMT-Basic through EMT Paramedic certifications along with 24/7 operational mission support. This program is a unique DEA program. Unlike commmercial EMT training variants, the EMT program provides for advanced and specialized emergency medical skills training to prepare DEA EMTs for duty in global, tactical and remote or obscure environments.

DEA is registered in the National Registry of Emergency Medical Technicians (NREMT) which provides guidance for over 200 DEA EMTs and over 1000 Special Agents operating with medical training.

Scope The Contractor shall provide comprehensive medical direction, curriculum guidance and review of medical protocols to support the specialized needs of DEA EMTs. This shall include conducting ongoing certification and recertification medical training courses in accordance EMT-Basic through EMT-Paramedic certification requirements, 24/7 operational mission support and expert medical consultation, quality assurance reviews, and support services. It is anticipated that the majority of the training will be held in Quantico, VA with DEA’s Office of Training (TR). Occasional training may be ordered and conducted in DEA domestic field divisions and/or DEA approved facilities.

2.1 Program Objectives

The contractor shall provide all management direction and qualified personnel to staff and support the following program objectives.

2.1.1 Director of Medical Support (Medical Director)

The Director of Medical Support shall provide overall medical authority serving as the subject matter expert for technical accuracy, emergency medicine, and medical direction to various DEA personnel. The Medical Director shall be the primary point of contract for DEA EMT personnel. The Medical Director’s authority shall not be delegated to any other personnel without the approval of the DEA EMT Coordinator. This includes 24/7 real-time medical consultation for DEA EMT personnel, Special Agents and pre-hospital care providers.

The Director of Medical support shall be responsible for the development and management of the comprehensive EMT program, including course curriculum, management of records and ensuring EMT personnel comply with patient non-disclosure requirements. The Director of Medical support shall review DEA’s current drug and medical care guidelines and recommend modifications or additions to existing DEA written standing orders and protocols for pre-hospital medical care. The Medical Director shall review and approve all medication orders submitted by DEA EMT’s. The Director of Medical Support shall provide assistance in the development of DEA’s mission-specific Medical Threat Assessments and 24 hour communications support, as needed.

a. Qualifications

i. The Director of Medical Support shall be certified as a physician by the American Board of Emergency Medicine and possess a current, permanent, full unrestricted license to practice medicine in the District of Columbia or any U.S. state or territory.

ii. The Director of Medical Support shall be knowledgeable in progressive research to provide DEA with leading edge best practices in tactical and emergency medicine.

iii. The Director of Medical Support shall have a verifiable minimum of 5 years’ experience providing emergency medical, surgical and operational support.

iv. The Director of Medical Support shall have documented and verifiable experience in providing emergency medical direction, program management and operational support to federal and/or state agencies.

v. The Director of Medical Support shall have documented and verifiable experience in military medicine, tactical emergency medicine or combat/tactical operations experience. Experience in tactical combat causality care is highly desirable.

2.1 Secondary Director of Medical Support

The Secondary Director of Medical Support shall serve in support of the primary Medical Director in the assistant roles of subject matter expert for technical accuracy, emergency medicine support, and medical direction to various DEA personnel and also as the alternative Medical Director in the event that the primary Medical Director is not available. The Medical Director shall remain the primary point of contact for DEA EMT personnel. The Secondary Director of Medical Support shall only assume the Medical Directors authority without approval form the DEA EMT Coordinator upon the unavailability of the Medical Director. This includes 24/7 real-time medical consultation for DEA EMT personnel, Special Agents and pre-hospital care providers.

The Secondary Director of Medical support shall assist in the and management of the comprehensive EMT program, including development of course curriculum, management of records and ensuring EMT personnel comply with patient non-disclosure requirements. The Secondary Director of Medical support shall assist in the review of DEA’s current drug and medical care guidelines and recommend modifications or additions to existing DEA written standing orders and protocols for pre-hospital medical care. The Secondary Director of Medical Support shall provide assistance in the development of DEA’s mission-specific Medical Threat Assessments and 24 hour communications support, as needed.

Qualifications

i. The Secondary Director of Medical Support shall be certified as a physician by the American Board of Emergency Medicine and possess a current, permanent, full unrestricted license to practice medicine in the District of Columbia or any U.S. state or territory.

ii. The Secondary Director of Medical Support shall be knowledgeable in progressive research to provide DEA with leading edge best practices in tactical and emergency medicine.

iii. The Secondary Director of Medical Support shall have a verifiable minimum of 3 years’ experience providing emergency medical, surgical and operational support.

iv. The Secondary Director of Medical Support shall have documented and verifiable experience in providing emergency medical direction, program management and operational support to federal and/or state agencies.

v. The Secondary Director of Medical Support shall have documented and verifiable experience in military medicine, tactical emergency medicine or combat/tactical operations experience. Experience in tactical combat causality care is highly desirable.

2.2 Training and Continuing Education

2.3.1 Training Courses

All courses shall be developed in conjunction with guidance provided by the DEA EMT Coordinator and at the request of the DEA Office of Training. The contractor shall provide a course catalogue of potential courses to the DEA EMT Coordinator for approval. All EMT training curriculum shall be in accordance with the guidelines of the National Registry of Emergency Medical Technicians (NREMT) referenced to the most current edition of the National Standard Curriculum. Inclusive of each forty (40) hour training course, the contractor shall provide Cardiopulmonary Resuscitation (CPR) training in accordance with the current American Heart Association (AHA) standards. Upon completion of the CPR training each student will receive an AHA CPR for Health Providers Card. The number of course hours provided in a given class may vary but will be specified by the DEA Office of Training prior to the start of each course. Course content and method of instruction shall be approved 15 days prior the start of training by the DEA EMT Coordinator.

All Training and continuing education courses are held based on the needs of the program office. All courses are subject to change under the direction of the DEA EMT Coordinator. Training courses shall include but will not be limited to:

2.3.2 EMT-Initial Basic Certification

This training shall provide a 120 hour (three weeks) EMT initial basic EMT certification course for up to 40 students per class. This course will teach the certify students as EMTs following the successful passing of the NREMT exam. It is anticipated that 2 two of these classes may be required per year.

2.3.3 EMT-Basic Refresher

This training shall provide 40-hour EMT-Basic (EMT-B) continuing education classes for up to 30 students per class. Continuing education shall be in accordance with NREMT guidelines and specifically referenced to the current edition of the National Standard Curriculum for EMT-B. This training must be approved for credit toward initial or recurrent certification by the NREMT. It is anticipated that (3) three of these classes will be required per year.

2.3.4 EMT-Paramedic Continuing Education

This training shall provide 40-hour Paramedic (EMT-P) continuing education classes for up to 30 students per class. Continuing education shall be in accordance with NREMT guidelines and specifically referenced to the current edition of the National Standard Curriculum for EMT-P. This training must be approved for credit toward initial or recurrent certification by the NREMT. It is anticipated that (3) three of these classes will be required per year.

2.3.5 EMT Tactical Medicine

This training shall provide a 40-hour Tactical Medicine continuing education classes for up to 24 students per class. This training shall provide the latest tactical and medical practices as established by the Committee on Tactical Combat Causality Care (TCCC) and medical standards as established by the American College of Surgeons as outlined by the Pre-hospital Trauma Life Support (PHTLS) and Tactical Emergency Causality Care Committee (C-TECC). This course shall be tailored to students certified as EMT or higher. It is anticipated that (3) three of these classes will be required per year.

2.3.6 Wilderness Medicine

This training shall provide a 40-hour Wilderness Medicine continuing education classes for up to 18 students per class. This course shall be tailored to students certified as EMT or higher to enhance their skill sets to delivering casualty care in rural, wilderness, remote or obscure, or technical rescue environments. This training must be approved for credit toward initial or recurrent certification by the NREMT. It is anticipated that (3) three of these classes will be required per year.

2.3.7 Narcan Train-the-Trainer Instructor Course

This training shall support and equip DEA EMT personnel to lead as instructors to non-EMT certified DEA Special Agents. This training shall provide an overview of Narcan, Adult Learning Theory, AHA BLS Certification and certification of EMTs as instructors. The course will review Narcan Administration and Airway Management as well as providing the tools needed to teach individuals to carry and administer Narcan. It is anticipated that up to (3) three of these classes will be required per year.

All training material shall be furnished by the Contractor and all courses shall be developed in conjunction with guidance provided by the DEA EMT Coordinator or designated representative.

All course material shall be approved by the DEA EMT Coordinator and/or a designee at least 15 days prior to the beginning of the course(s). As part of the approval process, the Contractor shall submit for review to the DEA EMT Coordinator and/or his designee a copy of all lectures and presentations to be presented, to include a copy of student handouts.

All lectures and presentations shall be supported by student handouts, which shall be presented to the students prior to the beginning of the lecture/presentation. Training in all new or advanced skills, techniques, equipment, medications, and protocols shall be approved by the DEA EMT Coordinator and Medical Director prior to inclusion in the DEA EMT Program Protocols and scope of practice.

2.4 Instructors/Subject Matter Experts

The contractor shall provide highly skilled instructors with extensive backgrounds in medicine as well as practical experience in tactical and emergency medicine. A minimum of two (2) instructors shall be present in each course. One instructor shall be designated as the primary instructor and the other an assistant instructor.

Qualifications

i. Each instructor shall possess a minimum of 5 years of verifiable EMS medicine, tactical medicine, law enforcement or military operational instructional experience.

ii. Each instructor shall be NREMT or State certified Paramedics or higher.

iii. All instructor resumes shall be submitted from the vendor to the DEA EMT Coordinator for approval 15 days prior to the start of training.

2.5. 24/7 Consultation Line

The Contractor shall establish a 24/7 toll free direct consultation line for DEA EMT personnel and Special Agents to access for immediate medical consultation and direction. The proposed Director of Medical Support shall be the primary point of contact for the 24/7 consultation line. In times of high call volume, the Medical Director can request for approval from the DEA EMT Coordinator to designate the Secondary Medical Director as another point of contract as well as additional personnel certified at the NREMT Paramedic level or higher to temporarily assist the consultation line under the direct guidance of the Director of Medical Support. If the primary Medical Director is unavailable then the Secondary Medical Director will operate as the Medical lead under the authority of the Medical Director.

2.6. Recruiting and Retention

The contractor shall maintain an active instructor database comprised of highly skilled and experienced subject matter expert instructors with verifiable experience in EMS medicine, tactical medicine, law enforcement or military operational instructional experience.

2.7. Place of Performance

A. All training and continuing education shall be held in Quantico, VA with DEA’s Office of Training (TR) or, at facilities approved by DEA Office of Training. Occasional training may be requested and conducted in DEA domestic field divisions and/or DEA approved facilities.

2.8. Period of Performance:

The period of performance is from the effective date of the contract through three-hundred sixty-five (365) consecutive days with four (4) successive twelve (12) month option periods. Pursuant to clause 52.217-9, Option to Extend the Term of the Contract, in the event that the Contracting Officer exercises an option, the period of performance for each option period shall be as follows:

Base Period: 12 Months Option Period I: 12 months from the end of the Base Period Option Period II: 12 months from the end of Option Period I Option Period III: 12 months from the end of Option Period II Option Period IV: 12 months from the end of Option Period III

The exercise of any options is subject to the availability of funding and the continuing needs of the Government.

2.9. Contract Deliverables shall be provided to in hard and soft copy to the Contract Specialist and the COR.

i. Incident Reports

a. Incident reports shall be provided to the COR/DEA EMT Coordinator and shall include at a minimum:

· The number of individuals treated.

· The number of calls received by location.

· A general description of the incident and course of action.

ii. Monthly Status Reports

a. Monthly status reports shall be provided to the COR/DEA EMT Coordinator and shall include at a minimum:

· The number of training courses conducted and the number of students.

· Preview of upcoming scheduled training.

· Status reports shall be submitted to the COR/DEA Coordinator no later than the 15th day of each month.

iii. 24/7 Hotline Call Support Reports

a. The Contractor shall provide a daily call log report designated to record the volume of calls received and level of care associated with each call received. This report shall be delivered to the COR/DEA EMT Coordinator on a monthly basis.

iv. Patient Care Reports

a. All patient care reports shall be received and maintained by the Contractor. The Contractor shall safeguard the reports in accordance with applicable HIPPA regulations. Patient care reports are submitted directly from the EMT to the Director of Medical Support.

b. The Contractor shall provide a brief description of the incident reported on the patient care report to the COR/DEA EMT Coordinator.

v. Ad Hoc Reports

a. The Contractor shall provide Ad Hoc Reports and/or briefings on an as needed basis, via email to the COR.

b. The Contractor shall provide a quarterly report to the Office of Training showing the utilization of the EMT’s in the field to include the number of patient care reports submitted and a brief description of the patient and treatment, the number of times the EMT’s have been utilized in the field and by what agencies.

c. Throughout the life of the contract at specified intervals, the Contractor shall submit information identifying those employees that support DEA’s efforts in accordance with DEA Provision, DEA-2852.204-78, Contractor Personnel Reporting Requirements (Jan 2013). A blank copy of a CPRR spreadsheet will be provided to the Contractor upon award of the contract.

2.10 Travel Requirements:

a. During the performance of this requirement it will be necessary for contractor personnel to travel to CONUS locations as directed to carry out tasks within the scope of the Statement of Work (SOW). Travel will be on a cost reimbursement basis only.

Local travel under this contract will be governed by the Federal Travel Regulations to include DOJ’s/DEA’s supplements to the FTR. Commuting expenses will not be reimbursed. Once travel has been completed the contractor shall submit the supporting documentation to the COR. The documentation shall include the following information: traveler’s name, contract number, Contract Line Item Number (CLIN) and a breakdown of the actual travel costs.

2.11 Security:

a. Throughout the life of the contract, the Contractor shall comply with Exhibit 1 - DEA Security Provision, DEA-2852.204-83, Public Trust Positions – Security Requirements for Access to DEA Sensitive Information/U.S. Citizenship Required (October 2015).

b. The security requirement for this contract will be DEA SENSITIVE. Only U.S. citizens, by birth or naturalized, shall be permitted to perform services on this contract. Under no circumstances shall Contractors have access to classified information or classified systems. The Office of Security Programs, Personnel Security Section (ISR) will conduct a suitability review on all Contractor personnel. A final suitability determination will come from ISR on Contractors requiring access to DEA facilities, systems, or DEA Sensitive Material.

2.12 Key Personnel

c. Key Personnel are individuals that are considered essential to the successful performance of this contract. The following individual(s) is/are hereby designated as Key Personnel in the performance of this contract:

1. Director of Medical Support

2. Secondary Director of Medical Support

3. Primary SME instructor for each class

Section 3 Contract Administration

DEA-2852.204-78 CONTRACTOR PERSONNEL REPORTING REQUIREMENTS (JAN 2016)

(a) During the life of the contract, the contractor shall report all personnel assigned to perform under the contract using the Contractor Personnel Reporting Requirements (CPRR) template available at http://www.dea.gov/resource-center/doing-business_acq_policies.shtml.

(b) The report shall be updated quarterly to include any additions, updates, or changes in status. This information will be maintained by DEA’s Office of Security Programs, to ensure compliance with requirements of Homeland Security Presidential Directive 12 (HSPD-12).

(c) By the 10th of January, April, July, and October, the Contractor shall provide the report directly to the HSPD-12.Division.Mail@usdoj.gov.

(d) Failure to submit timely updates on the quarterly Contractor report will be documented by Security Programs and reported to the Contracting Officer’s Representative (COR) or Contracting Officer for appropriate action and may result in adverse comments to the Contractor Performance Assessment Reporting System (CPARS).

(e) In the event of repetitive failures to provide this report, the contract may be terminated for default.

(End of clause)

DEA-2852.242-70 CONTRACTOR PERFORMANCE ASSESSMENT (JUL 2014)

(a) Pursuant to FAR subpart 42.15, the Government will assess the Contractor’s performance under this contract. Performance assessment information may be used by the Government for decision-making on exercise of options, source selection, and other purposes, and will be made available to other federal agencies for similar purposes.

(b) Performance will be assessed in the following areas:

(1) Quality of product or service;

(2) Schedule;

(3) Cost control;

(4) Business relations;

(5) Management of key personnel; and

(6) Other appropriate areas.

(c) For contracts that include the clause at 52.219-9, Small Business Subcontracting Plan, performance assessments will consider performance against, and efforts to achieve, small business subcontracting goals set forth in the small business subcontracting plan.

(d) For any contract with a performance period exceeding 18 months, inclusive of all options, the Government will perform interim performance assessments annually and a final performance assessment upon completion of the contract.

(e) The Government will prepare contractor performance assessment reports electronically using the Contractor Performance Assessment Reporting System (CPARS), which is the approved feeder system for the Past Performance Information Retrieval System (PPIRS). Additional information on CPARS may be found at www.cpars.gov and on PPIRS at www.ppirs.gov.

(f) The Contractor will be provided access to CPARS to review performance assessments. The Contractor shall designate a CPARS point-of-contact for each contract subject to performance assessment reporting. Upon setup of a contract in CPARS, the Contractor’s CPARS point-of-contact will receive a system-generated e-mail with information and instructions for using CPARS. Prior to finalizing any contractor performance assessment, the Contractor shall be given 14 calendar days to review the report and submit comments, rebutting statements, or additional information. Disagreements between the Contractor and the Government performance assessment official will be resolved by a Government Reviewing Official, whose decision on the matter will be final. Upon finalization of each performance assessment, CPARS will upload the performance assessment data to PPIRS.

(g) The Government will also report in the Federal Awardee Performance and Integrity Information System (FAPIIS) module of PPIRS information related to:

(1) A Contracting Officer’s final determination that a contractor has submitted defective cost or pricing data;

(2) Any subsequent change to a final determination concerning defective cost or pricing data pursuant to 15.407-1(d);

(3) Any issuance of a final termination for default or cause notice; or

(4) Any subsequent withdrawal or a conversion of a termination for default to a termination for convenience.

(End of clause)

DEA-2852.242-71 INVOICE REQUIREMENTS (MAY 2012)

(a) The Contractor shall submit scanned or electronic images of invoice(s) to the following e-mail addresses:

(1) Office of Training; invoice.training@usdoj.gov;

(2) Jason Fludd; Contract Support Specialist, Jason.fludd@usdoj.gov; and

(3) Contracting Officer’s Representative: See DEA-2852.242-73

(End of clause)

DEA-2852.242-72 FINAL INVOICE AND RELEASE OF RESIDUAL FUNDS (MAY 2012)

(a) The Contractor shall submit a copy of the final invoice to the Contracting Officer at the address listed in clause DEA-2852.242-71, Invoice Requirements. The final invoice must be marked “Informational Copy – Final Invoice.”

(b) By submission of the final invoice and upon receipt of final payment, the Contractor releases the Government from any and all claims arising under, or by virtue of, this contract. Accordingly, the Government shall not be liable for the payment of any future invoices that may be submitted under the above referenced order.

(c) If residual funds on the contract total $100 or less after payment of the final invoice, the Government will automatically de-obligate the residual funds without further communication with the vendor.

(d) If funds greater than $100 remain on this order after payment of the final invoice, the Government will issue a bilateral modification to de-obligate the residual funds. The contractor will have up to 30 calendar days after issuance of the modification to sign and return it. The contractor’s signature on the modification shall constitute a release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically exempted from the operation of the release. If the contractor fails to sign the modification or assert a claim within the stated period, the Government will de-obligate the residual balance and proceed with close-out of the contract.

(End of clause)

DEA-2852.242-73 CONTRACTING OFFICER’S REPRESENTATIVE (MAY 2012)

(a) Pursuant to FAR 1.602-2, the following individual has been designated as the Contracting Officer's Representative (COR) under this contract:

TBD

Office of Training Quantico, VA

(b) The COR has responsibility for performing contract administration, which includes, but is not limited to, the following duties: functioning as the technical liaison with the contractor; monitoring the contractor’s performance and progress of the work; receiving, inspecting, and accepting all deliverables or services provided under the contract; and reviewing all invoices/vouchers submitted for payment.

(c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

(End of clause)

DEA-2852.242-74 CONTRACT ADMINISTRATION POINTS OF CONTACT (MAY 2012)

(a) The Contract Administration Office for this contract is:

U. S. Department of Justice Drug Enforcement Administration Office of Acquisition and Relocation Management (FA) 8701 Morrissette Drive Springfield, VA 22152

Contract Support Specialist/telephone #/email: Jason Fludd, 202-307-7819, Jason.Fludd@usdoj.gov

Contracting Officer/telephone #/email: Doreen Adair, 202-307-7806, Doreen.U.Adair@usdoj.gov

Contracting Officer’s Representative (COR): Refer back to DEA-2852.242-73

(b) Contract administration for the contractor shall be performed by:

Name: [enter name, title, mailing address, telephone #, and e-mail address]

(End of clause)

1. Subcontracting Compliance

a. The contractor shall complete the subcontracting certification form, after award. A copy of the form will be provided to the contractor upon award of the contract, and is included in this solicitation as Exhibit B.

b. Submission of the certification form shall be made to the Contracting officers and the Contracting Officer’s Representative (COR) annually, upon completion of each contract period of performance (i.e. base year plus any option period).

c. The certificate shall be completed by a designated company officially authorized to act on behalf of the company that has been selected as the recipient of the contract award.

Section 4 Federal Acquisition Regulation and DEA Contract Clauses

4.1 Clauses Incorporated by Reference

52.203.16 – Preventing Personal Conflicts of Interest (DEC 2011) 52.203-17 – Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (APR 2014) 52.204-4 – Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) 52.204-7 – System for Award Management (JUL 2013) 52.204-13 – System for Award Management Maintenance (JUL 2013) 52.204-19 – Incorporation by Reference of Representations and Certifications (DEC 2014) 52.232-39 – Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 – Providing Accelerated Payment to Small Business Subcontractors (DEC 2013) 52.212-4 – Contract Terms and Conditions – Commercial Items (MAY 2015)

4.2 Clauses Incorporated by Full Text

FAR 52.212-5 - Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (Jun 2016)

(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).

_X_ (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].

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

_X_ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__ (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).

_X_ (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.

__ (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.

__ (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)).

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

_X_ (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)).

_X_ (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).

__ (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).

__ (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) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (38)(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.

__ (39)(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.

_X_ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (41)(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_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (45) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (46)(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.

__ (47) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (48) 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).

__ (49) 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).

__ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (54) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (55) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (58)(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).

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

__ (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).

__ (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).

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

(End of clause)

FAR 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from January 1, 2016 through December 31, 2020.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $1 million;

(2) Any order for a combination of items in excess…