Section_I_-_Contract_Clauses.pdf

United States Department of Labor

(DOL)

Workers’ Compensation Medical Bill Process

(WCMBP)

Section I (Contract Clauses)

Office of Workers’ Compensation Programs (OWCP)

Section I – Contract Clauses

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I.1 CLAUSE INCORPORATION

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 https://acquisition.gov/far/current/pdf/FAR.pdf

All FAR references are formatted as in the list of incorporated clauses below:

52.202-1, Definitions (January 2012)

52.203-2 Certificate of Independent Price Determination (April

1985)

52.203-3, Gratuities (April 1984)

52.203-5, Covenant Against Contingent Fees (April 1984)

52.203-6, Restrictions On Subcontractor Sales To The

Government (September 2006)

52.203-7, Anti-Kickback Procedures (October 2010)

52.203-8, Cancellation, Rescission, And Recovery Of Funds For

Illegal Or Improper Activity (January 1997)

52.203-10, Price Or Fee Adjustment For Illegal Or Improper

Activity (January 1997)

52.203-11, Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions (September 2007)

52.203-12, Limitation On Payments To Influence Certain Federal

Transactions (October 2010)

52.204-1, Approval Of Contract (December 1989), 52.204-4, Printed Or Copied Double-Sided On Recycled Paper (May 2011)

52.204-7, System for Award Management.(July 2013)52.204-9, Personal Identity Verification Of Contractor Personnel (January

2011)

52.209-5, Certification Regarding Responsibility Matters (April 2010)

52.209-6, Protecting The Government's Interest When Subcontracting With Contractors Debarred, Suspended, Or

Proposed For Debarment (August 2013)

52.215-1, Instructions To Offerors – Competitive (January 2004)

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52.215-2, Audit And Records—Negotiation (October 2010)

52.215-6, Place Of Performance (October 1997)

52.215-8, Order Of Precedence--Uniform Contract Format

(October 1997)

52.215-20, Requirements For Cost Or Pricing Data Or

Information Other Than Cost Or Pricing Data (October 2010)

52.215-21, Requirements For Cost Or Pricing Data Or

Information Other Than Cost Or Pricing Data—Modifications (October 2010)

52.217-2, Cancellation Under Multiyear Contract (October 1997)

52.217-8, Option To Extend Services (November 1999)

52.217-9, Option To Extend The Term Of The Contract (March 2000)

52.219-1, Small Business Program Representations (Apr 2012)

52.219-4, Notice Of Price Evaluation Preference For Hubzone

Small Business Concerns (January 2011)

52.219-8, Utilization Of Small Business Concerns (July 2013)

52.219-9, Small Business Subcontracting Plan (July 2013)

52.219-16, Liquidated Damages – Small Business Subcontracting Plan (January 1999)

52.219-25, Small Disadvantaged Business Participation Program

– Disadvantaged Status And Reporting (July 2013)

52.219-28, Post-Award Small Business Program Representation (July 2013)

52.222-3, Convict Labor (June 2003)

52.222-21, Prohibition Of Segregated Facilities (February 1999)

52.222-22, Previous Contracts And Compliance Report (February 1999)

52.222-25, Affirmative Action Compliance (April 1984)

52.222-26, Equal Opportunity (March 2007)

52.222-35, Equal Opportunity For Veterans (September 2010)

52.222-36, Affirmative Action For Workers With Disabilities (October 2010)

52.222-37, Employment Reports On Veterans (September 2010)

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52.222-40, Notification Of Employee Rights Under The National

Labor Relations Act (December 2010)

52.222-41, Service Contract Act Of 1965 (November 2007)

52.222-43, Fair Labor Standards Act And Service Contract –Price Adjustment (Multiple Year And Option Contracts) (September

2009)

52.222-49, Service Contract Act – Place Of Performance

Unknown (May 1989)

52.222-50, Combating Trafficking In Persons (February 2009)

52.223-6, Drug-Free Workplace (May 2001)

52.224-1, Privacy Act Notification (April 1984)

52.224-2, Privacy Act (April 1984)

52.225-5, Trade Agreements (September 2013)

52.225-13, Restrictions On Certain Foreign Purchases (June 2008)

52.227-1, Authorization And Consent (December 2007)

52.227-2, Notice And Assistance Regarding Patent And Copyright Infringement (December 2007)

52.227-14, Rights In Data—General (December 2007) – Alternate V, Jun 1987

52.227-15, Representation Of Limited Rights Data And Restricted Computer Software (December 2007)

52.227-16, Additional Data Requirements (June 1987)

52.227-17, Rights In Data—Special Work (June 1987)

52.227-19, Commercial Computer Software License (December 2007)

52.227-23, Rights To Proposal Data (Technical) (June 1987)

52.229-3, Federal, State, And Local Taxes (February 2013)

52.232-1, Payments (April 1984)

52.232-8, Discounts For Prompt Payment (February 2002)

52.232-11, Extras (April 1984)

52.232-17, Interest (October 2010)

52.232-18, Availability Of Funds (April 1984)

52.232-23, Assignment Of Claims (January 1986)

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52.232-25, Prompt Payment (July 2013)

52.232-33, Payment by Electronic Funds Transfer-System for Award Management (July 2013)

52.233-1, Disputes (July 2002)

52.233-3, Protest After Award (August 1996)

52.233-4, Applicable Law For Breach Of Contract Claim (October 2004)

52.237-3, Continuity Of Services (January 1991)

52.242-1, Notice Of Intent To Disallow Costs (April 1984)

52.242-2, Production Progress Reports (April 1991)

52.242-3, Penalties For Unallowable Costs (May 2001)I

52.242-13, Bankruptcy (July 1995)

52.242-15, Stop-Work Order (August 1989)

52.243-1, Changes – Fixed Price (August 1987) –

52.244-2, Subcontracts (October 2010)

52.244-5, Competition In Subcontracting (December 1996)

52.244-6, Subcontracts For Commercial Items (July 2013)

52.246-25, Limitation Of Liability—Services (February 1997)

52.248-1, Value Engineering (October 2010)

52.249-2, Termination For Convenience Of The Government

(Fixed Price) (April 2012)

52.249-8, Default (Fixed-Price Supply And Service) (April 1984)

52.253-1, Computer Generated Forms (January 1991)

I.2 AWARD TERM CLAUSE

In addition to the terms set forth elsewhere in the contract, the Contractor may earn an extension to the contract period on the basis of performance during the evaluation periods. The Government will review contractor performance with, at a minimum, every month . The Contractor will be evaluated annually beginning with the Base year of the contract. At the end of option period 2 (if exercised), the Contractor’s cumulative performance must be rated “Satisfactory” or above to be awarded a 1 year award term.

.At the end of option period 3 (if exercised) the Contractor must earn a rating of “Satisfactory” or above to be awarded a second 1 year award term. The award term years will be awarded sequentially but individually starting at the end of the option years.

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Award Term

The award term concept is an incentive that permits extension of the contract period beyond the base period of performance and any options that may be exercised by the Government. In order for the Contractor to be awarded these additional years, the Contractor must receive a performance rating of “Satisfactory” or above at the ends of each evaluation year as described under “Award Term Clause”.

Award Term Plan

The award term plan is located in Section H.

Monitoring of Performance

The Contractor’s performance will be continually monitored by the Contract Officer’s Representative (COR) whose findings will be reported in the annual CPARS. The COR briefs the TDO and CO on the recommended overall CPARS rating and the contractor’s overall performance (including findings by third-party and/or Government auditors), and recommends if award terms should be granted. The TDO considers the COR’s recommendation and approves the Award Term. The CO evaluates the award term ratings available subsequent to the TDO decision and, if appropriate, modifies the contract period of performance to reflect the decision.

Disputes

If a dispute arises, the TDO will be responsible for making a final determination of whether the award term will be granted.

Modification of Award Term Plan

Any changes to the award term process shall require a modification to the contract.

While the Government may choose to make changes to this plan prior to commencement of the period in which the change takes effect, changes that apply to the period of performance in which a change is made will require mutual agreement of both parties. If agreement cannot be reached on changes, the current award term plan remains in effect during the period of performance. Nothing in this plan shall excuse the Contractor from complying with the terms and conditions of the contract.

I.3 AWARD TERM EXTENSIONS

The Government may extend the performance period of this contract by issuance of a written award term extension pursuant to the Award Term Clause (Section I). If an award term extension is awarded, preliminary written notice must be given to the Contractor thirty (30) days after the performance rating becomes final.