HE125421Q4004.pdf

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Physical and Occupational Therapy Federal contract opportunity
Solicitation number
HE125421Q4004
Issued by
Department of Defense Education Activity

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SEE ADDENDUM

(No Collect Calls)

HE125421Q4004 23-Dec-2020

b. TELEPHONE NUMBER

571-372-1499

8. OFFER DUE DATE/LOCAL TIME

10:00 PM 03 Jan 2021

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

HE12549. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JOHN M. BAGGETT

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

DOD EDUCATION ACTIVITY

ATTN: PROCUREMENT DIVISION

4800 MARK CENTER DRIVE

SUITE 05F09-02

ALEXANDRIA VA 22350-1400

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,000,000

NAICS:

621340

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF49

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

HE125421Q4004

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 570 Session Physical Therapy Services

FFP

Contractor shall provide physical therapy services in accordance with the performance work statement (PWS) at Antilles High School in Puerto Rico.

Student - Estimated sessions/week x 21 weeks (570 sessions) Refer to the Sessions of Schedule for more details.

Sessions are equivalent to 1 hour.

FOB: Destination R499

NET AMT

0002 570 Session Occupational Therapy service

FFP

Contractor shall provide occupational therapy services in accordance with the performance work statement (PWS) at Antilles Elementary School in Puerto Rico.

Student - Estimated sessions/week x 21 weeks (570 sessions) Refer to the Sessions of Schedule for more details.

Sessions are equivalent to 1 hour.

0003 570 Session Occupational Therapy services

FFP

Contractor shall provide occupational therapy services in accordance with the performance work statement (PWS) at Antilles Middle School in Puerto Rico.

Student - Estimated sessions/week x 21 weeks (570 sessions) Refer to the Sessions of Schedule for more details.

Sessions are equivalent to 1 hour.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 22-JAN-2021 TO

15-JUN-2021

N/A DDESS-PR ANTILLES HIGH SCHOOL

ATTN: PRINCIPAL

1062 VICTORY ROAD

FT BUCHANAN PR 00934-4604

(787) 707-2301

HEPRA4

0002 POP 22-JAN-2021 TO

15-JUN-2021

N/A DDESS-PR ANTILLES ELEMENTARY

SCHOOL

ATTN: PRINCIPAL

700 SANTIAGO STREET

FT BUCHANAN PR 00934-4600

(787) 707-2364

HEPRA1

0003 POP 22-JAN-2021 TO

15-JUN-2021

N/A DDESS-PR ANTILLES MIDDLE SCHOOL

ATTN: PRINCIPAL

1081 PATRIOT BOULEVARD

FT BUCHANAN PR 00934-4533

(787) 707-2461

HEPRA3

PERFORMANCE WORK STATEMENT

Physical Therapy and Occupational Therapy (PT/OT) Services, Antilles Schools

1 General Information

1.1 Agency: For school year 2020-21, the Department of Defense Education Activity (DoDEA) will provide PK-12 instruction to approximately 66,000 dependents of military and civilian employees. Enrollment is based primarily on deployment of military troops worldwide.

1.2 Background: Physical and occupational therapy (PT/OT) services are mandated under DoD Instruction 1342.12 entitled Provision of Early Intervention and Special Education Services to Eligible DoD Dependents, June 2015, per a student’s individualized education program (IEP). PT/OT services are required at the following three schools: Antilles Elementary School, Antilles Middle School, and Antilles High School, which serve 623, 335, and 423 students, respectively. There has been one open occupational therapy position and two fulltime staff—a physical therapist and occupational therapist—have recently retired, providing DoDEA with minimal notice to find replacements. It is extremely unlikely that any replacements can be found before the beginning of school year 2020-21.

1.3 Scope of Work: DoDEA requires PT/OT services for students at all three schools—one physical therapist providing 30 hours of direct and indirect services per week and two fulltime occupational therapists, each providing 30 hours of direct and indirect services per week.

DoDEA expects to award one contract beginning on or about January 22, 2021 to June 15, 2021.

2 Requirement (Objectives)

2.1 Objective 1, PT/OT Services at Antilles Schools

Provide PT/OT services to meet each student’s IEP-mandated requirements to include the required reports and consultations and, if necessary, screenings.

2.1.1 Task 1, PT/OT Services—The Contractor shall provide physical and occupational therapy services at the Antilles school sites as scheduled post-award. See PWS 3.5.1 for the teacher’s qualifications and Technical Exhibit #1 for the Standards of Conduct.

PT/OT services include the following:

1) Consultations to staff, parents/sponsors, and students IAW the IEP goals.

2) Helping develop IEPs for students requiring physical therapy services.

3) Observations, screenings, and evaluations at the Antilles schools.

4) Evaluation reports to include diagnostic findings and education implications.

5) Case management duties to include tracking of timeliness and review dates.

6) Maintenance of confidential special education files to ensure compliance with the

Privacy Act 10 USC 2164 and other related instructions.

7) Coordination of their work schedules with the COR.

2.1.2 Task 2. Meetings—The Contractor shall:

2.1.2.1 Medium and Minutes: Provide the medium through which each conference/meeting occurs, record each meeting’s minutes, and submit them to the COR within two business days of the event.

2.1.2.2 Post-Award Conference: Participate in a video- or teleconference with the COR five business days after award in accordance with FAR Subpart 42.5.

2.1.2.3 Other Post-Award Meetings: Meet with the Contracting Officer, COR, and/or other Agency personnel, as appropriate to primarily for parent/sponsor meetings and/or IEP meetings, as required by DoDEA in writing. At these meetings the Contracting Officer may discuss the Government’s view of Contractor performance, and the Contractor shall apprise the Government of problems, if any, being experienced. The Contractor shall take appropriate action to resolve any outstanding issues raised by the Government.

2.1.2.4 Attendance: Attend virtual meetings at no additional cost to DoDEA. Costs associated with attendance at face-to-face meetings shall be equal to the contract cost of one session, unless stated otherwise in writing by the contracting officer or the COR.

Requirements / Objectives The tasks listed above are to help the Contractor gain a better understanding of the requirements and are not all-inclusive. The Contractor is expected to develop a total solution in accordance with a performance-based approach.

3 Constraints

3.1 Place of Performance: Work performed at the three Antilles schools (1 Physical Therapist at

Antilles HS, 1 Occupational Therapist at Antilles ES, and 1 Occupational Therapist at Antilles

MS). Teachers’ school year duty day hours: 0730-1530. However, the teachers’ instructional hours on Wednesdays are 0730-1330, when students are dismissed, with school-wide Focused Collaboration from 1330-1500.

3.2 Installation Security Requirements: Contractor personnel performing work under this contract shall follow the installation’s rules and regulations for contracted services.

3.3 PT/OT Qualifications—The Contractor shall:

3.3.1 Provide a physical therapist and/or occupational therapist who meets the following minimum qualifications:

1) Possesses a current certificate/license from the Puerto Rico or from a state with reciprocity with Puerto Rico.

2) Possesses pediatric experience.

3) Has experience developing and implementing IEP services in elementary and secondary school settings.

4) Is proficient in English and possesses basic computer skills.

5) Works the scheduled school year calendar covered by the period of performance.

6) Provides all direct services onsite at the Antilles schools.

3.3.2 Provide a replacement physical therapist and/or occupational therapist—if needed— who meets or exceeds the qualifications and experience of the physical therapist and/or occupational therapist provided upon award of the contract. Notify the COR in writing regarding personnel changes at least ten business days in advance of the change.

3.4 Anti-Bias Professional Learning—The Contractor shall self-certify that it shall not provide its own employees any professional learning content that is forbidden by OMB, as cited above.

3.5 Privacy—The Contractor shall:

3.5.1 User Accounts: Require, wherever applicable, that individual accounts possess unique usernames and passwords that do not require personally identifiable information (PII) to access online content, i.e., first & last name and any other unique personal information.

3.5.2 Contractor Personnel: Ensure personnel assigned to this contract take proper precautions to protect information from disclosure. Collect and/or store all agency-owned or agency-controlled PII IAW the relevant requirements of the Privacy Act, 5 U.S.C— http://www.archives.gov/about/laws/privacy-act-1974.html.

3.5.3 Privacy Training: Ensure Contractor staff who have access to DoDEA’s student, teacher and/or staff personally identifiable information take the DoD Privacy Act/Personally Identifiable Information (PA/PII) training before gaining access to the data and yearly thereafter. Provide copies of the certificates of completion to the COR which can be audited at any time by the Chief Information Security Officer (CISO) or his/her designee.

3.6 Organizational Conflict of Interest (OCI): The Contractor (including any subcontractor) personnel performing work under this contract may receive, have access to, or participate in the development of, proprietary or Privacy Act information (e.g., personal information, education, etc.) may create a current or subsequent OCI as defined in FAR Subpart 9.5.

Whenever the Contractor becomes aware that such access or participation may result in actual or potential OCI, the Contractor shall (1) immediately notify the Contracting Officer (KO) in writing and (2) promptly submit a plan to the KO to avoid or mitigate any such OCI.

Note: The KO will unilaterally determine if the Contractor’s plan is acceptable. If the KO determines the plan cannot satisfactorily avoid or mitigate an OCI, s/he may implement other remedies to include prohibiting the Contractor’s further participation in contracted requirements.

3.7 Termination of Services: In the event that DoDEA is able to fill one or more of the positions, the Contractor will receive a 2-week notice and then terminate the services of that portion of the contract.

4 Government-Furnished Resources

The Government will provide the dates, times, and locations for the PT/OT services delivered at the Antilles Schools in writing post-award and will provide appropriate space for the therapists’ services to be delivered effectively at each school.

5 Deliverables

DELIVERABLES FREQUENCY MEDIUM/FORMAT

SUBMIT

TO

Task 1. PT/OT Services, PWS 2.1.1

As scheduled post-award. N/A N/A

Task 2. Meetings, PWS 2.1.2

Initial Conference: Participate in a post-award video- or teleconference within five business days after award. Provide minutes in writing in a format acceptable to the COR within two business days after the conference.

Other Meetings: As required by the COR.

Provide minutes and medium as stated above.

Email as MS Word/ Excel attachment

COR

6 Acronyms and Definitions

CCRS College and Career Ready Standards

DoD/DOD Department of Defense DFARS Defense Federal Acquisition Regulation Supplement EIT Electronic Information Technology FAR Federal Acquisition Regulations IAW In Accordance With PA/PII Privacy Act/Personally Identifiable Information IEP Individual Education Program QASP Quality Assessment Surveillance Plan TE Technical Exhibit

Contract Line Item Number (CLIN) – Basic structural element in a procurement instrument describing and organizing the required product or service for pricing, delivery, inspection, acceptance, invoicing, and payment. The use of the term “line item” includes “subcontract line number”, (SLIN), as applicable.

Contracting Officer (KO) – The only individual with expressed authority to obligate (bind) the Government by means of entering, administering, and terminating contracts within the limits of authority delegated via a Contracting Officer’s warrant.

Contracting Officer’s Representative (COR) – Qualified and trained Government employee, nominated by the requiring activity (RA) and appointed in writing by a KO primarily to perform specific technical or administrative functions on a specific contract(s);

serves as the ‘eyes and ears’ of a KO to assure the Government’s best interests are protected via the terms and conditions of the contract(s) appointed. COR’s do not have authority to obligate (i.e., bind) the Government.

Contractor - Supplier or vendor having a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

Deliverable – Usually physically delivered items but may include such items as digital documents/reports.

Performance Requirements Summary (PRS) – Tabular listing of performance objectives and standards that provides the basis for a meaningful QASP.

Performance Work Statement (PWS) - A statement of work for performance-based acquisitions describing the required results in clear, specific and objective terms with measurable outcomes.

7 Performance Requirement Summary and Quality Assurance Surveillance Plan

7.1 Performance Requirement Summary

Performance Standards and Acceptable Quality Levels (AQL) Objective 1, PT/OT Services

Performance Standard and Related Task

AQL Inspection Method Incentives*

* Unless specified otherwise, possible ratings are as follows: exceptional, very good, satisfactory, or unsatisfactory, per FAR 42.1503, Table 42-1, “Evaluation Ratings Definitions”.

Task 1, PT-OT Services, PWS 2.1.1

95% of the sessions occur as scheduled.

COR inspection and stakeholder feedback

Positive performance references for future contracts

Task 2, Meetings, PWS 2.1.2

No more than one meeting per year will need to be rescheduled

COR inspection

Positive performance references for future contracts

7.2 Quality Assurance Surveillance Plan (QASP): See attached Quality Assurance

Surveillance Plan

TECHNICAL EXHIBIT 1 – Standards of Conduct

Contractor personnel performing under this requirement shall comply with the Standards of Conduct. The Contractor agrees that inappropriate conduct shall not be tolerated and may be grounds for suspension or dismissal of a Contractor employee under this contract.

1.1 Definitions and Response to Sexual Misconduct

1) Sexual Abuse: Any act of a sexual nature committed with the intent to arouse, appeal to or gratify the lust, passions or sexual desire of the employee/ volunteer and/or student, including but not limited to criminal sexual conduct as defined by state or Federal law. Such acts include, but are not limited to: rape; carnal knowledge; sexual assault or battery; indecent exposure, indecent acts with another; or producing, viewing or trafficking in child pornography.

2) Sexual Harassment: Any acts, criminal in nature or otherwise, used to influence or threaten the rights or privileges of a student, in exchange for sexual favors, and/or deliberate and/or repeated comments or gestures of a sexual nature.

3) Inappropriate Conduct: Any behavior of a contractor toward a student that would reasonably cause the student to feel uncomfortable or that would reasonably give the appearance of impropriety, regardless of whether such behavior is complained of by the student, regardless of whether the behavior is overtly sexual, and/or regardless of whether such behavior would constitute a crime.

4) Response to Sexual Misconduct: If the contractor employee solicits, coerces, or engages or attempts to engage in any sexual conduct to include sexual abuse, sexual harassment and/or inappropriate conduct with a student, the Contracting Officer may respond to by barring the contractor employee from providing service under this contract.

The Contracting Officer may take this action regardless of the student’s age, regardless of whether the student may have consented, and/or whether the conduct may be a crime under state or Federal law.

1.2 Standards—Contractor personnel shall:

1) Physical Contract: Limit physical contact with students to those actions necessary for the safety of the students (e.g., to assist students in getting on or getting off the bus, to assist in fastening seat belts [where required], to break up fights, to administer first aid [if applicable], to keep a student from falling or tripping).

2) Attire: Be properly attired and present a neat and clean appearance.

3) Communicating Allegations of Abuse: Communicate to a school administrator any observation of or student/ parent/sponsor complaint alleging sexual abuse, sexual harassment, or inappropriate conduct.

4) Discipline: NOT use verbal assault, foul language, personal or racial insults, physical contact, and/or threats of physical violence to obtain a student’s name or to enforce discipline during the performance of contracted services.

5) Improper Conduct: NOT engage in any conduct of a sexual nature (verbal or physical) with students.

6) Substance Abuse: NOT be under the influence of intoxicants, medications or drugs that impair the senses during performance of contracted services.

7) Tobacco and Food/Drink: NOT use tobacco, eat, or drink at any time while performing contracted services. This includes in and around contractor-operated vehicles, on school grounds, and on the installation. This further includes conduct that would result in the presence/scent of residual smoke on or around the transportation vehicle at the time of contracted services.

8) Giving & Selling Prohibition: NOT give or sell food, beverages, tobacco products, or merchandise to students.

SESSIONS OF SCHEDULE

CLAUSES INCORPORATED BY REFERENCE

52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

Physical Therapy and Occupational Therapy Services, Antilles Schools

Categories

Week Starting On

Staff Estimated

Units (per person)

Week 1: PT/OT Services 22-Jan-21 3 30 Week 2: PT/OT Services 1-Feb-21 3 30 Week 3: PT/OT Services 8-Feb-21 3 30

Week 4: PT/OT Services* 15-Feb-21 3 24 Week 5: PT/OT Services 22-Feb-21 3 30 Week 6: PT/OT Services 1-Mar-21 3 30 Week 7: PT/OT Services 8-Mar-21 3 30 Week 8: PT/OT Services 15-Mar-21 3 30 Week 9: PT/OT Services 22-Mar-21 3 30

Spring Break 29-Mar-21 0 0 Week 10: PT/OT Services 5-Apr-21 3 30 Week 11: PT/OT Services 12-Apr-21 3 30 Week 12: PT/OT Services 19-Apr-21 3 30 Week 13: PT/OT Services 26-Apr-21 3 30 Week 14: PT/OT Services 3-May-21 3 30 Week 15: PT/OT Services 10-May-21 3 30 Week 16: PT/OT Services 17-May-21 3 30 Week 17: PT/OT Services 22-May-21 3 30

Week 18: PT/OT Services** 29-May-21 3 24 Week 19: PT/OT Services 7-Jun-21 3 30

Week 20: PT/OT Services*** Jun 14-15 only 3 12 Total sessions 570

* Shortened week, Presidents Day

** Shortened week, Memorial Day

*** Shortened week, School Year ends

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 (Dev) Instructions to Offerors - Commercial Items. (DEVIATION 2018-O0018)

JUN 2020

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.219-13 Notice of Set-Aside of Orders MAR 2020 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-26 Alt I Equal Opportunity (SEPT 2016) - Alternate I FEB 1999 52.222-50 Combating Trafficking in Persons OCT 2020 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.232-18 Availability Of Funds APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.252-5 Authorized Deviations In Provisions NOV 2020 52.252-6 Authorized Deviations In Clauses NOV 2020 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

DEC 2019

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.243-7002 Requests for Equitable Adjustment DEC 2012 252.243-7999 (Dev) Section 3610 Reimbursement. (DEVIATION 2020-O0021) AUG 2020 252.244-7000 Subcontracts for Commercial Items OCT 2020

CLAUSES INCORPORATED BY FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

Not Applicable.

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Invoice 2in1

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC HQ0747

Issue By DoDAAC HE1254

Admin DoDAAC** HE1254

Inspect By DoDAAC HEPRAN

Service Approver (DoDAAC) HEPRAN

Service Acceptor (DoDAAC) HEPRAN

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

lezlie.shull@dodea.edu

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [] will, [] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

(a) Definitions. As used in this clause--

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.212-1 ADDENDUM – INSTRUCTIONS TO OFFERORS - - COMMERCIAL ITEMS (DEC 2006)

TECHNICAL QUOTE REQUIREMENTS.

(A) The Offeror’s quote shall include all data and information requested by these Instructions to Offerors (ITO) and must be submitted in accordance with these instructions. Non-conformance with the instructions provided in this ITO may result in an unfavorable quote evaluation.

(B) Quotes should provide the following administrative information:

1. Tax identification number (TIN)

2. Unique Identity Identifier (Formally DUNS)

3. Complete Business Mailing Address

4. Cage Code

5. Contact Name

6. Contact Phone

7. Contact email address

(C) Technical Capability Factor. The technical capability factor consists of two subfactors: 1) Technical Approach, and 2) Staffing Plan. Technical quotes will be evaluated at the factor level. An overall Technical Capability Factor rating will be provided as either Excellent, Acceptable, or Unacceptable. The Technical rating will be provided based on a combined assessment of the technical subfactors below:

1. Technical Approach Subfactor. This sub-factor evaluates the Offeror’s capability as an organization in providing Physical and Occupations Therapy services of the kind or similar to those specified in the Performance Work Statement (PWS). The subfactor shall be evaluated as Excellent, Acceptable, or Unacceptable. The specific requirements of the Technical Approach subfactor are defined in Addendum to FAR 52.212‐2 Evaluation – Commercial Items.

2. Staffing Plan Subfactor. The Staffing Plan sub-factor evaluates the Offeror’s capability (planned procedures and practices) to hire, train, and maintain the necessary staff to meet the requirements in the PWS. This subfactor shall be rated as Excellent, Acceptable, or Unacceptable.

(D) Page size should be 8.5 x 11 inches and pages shall be single spaced. Except for the reproduced sections of the solicitation document, the text size should be no less than 10 point.

(E) All referenced documents for this solicitation are available on the beta.SAM website at https://beta.sam.gov. Potential Offerors are encouraged to subscribe for real-time e-mail notifications when information has been posted to the website for this solicitation.

PAST PERFORMANCE REQUIREMENTS.

(A) To assist the Government is evaluating Past Performance, Offerors should submit customer Points of Contact (POC) and Past Performance information relating to at least one similar requirement for Physical and Occupations Therapy services previously provided by the Offerors. The Physical and Occupations Therapy services shall have been provided within 3 years from the closing date of the solicitation. The Past Performance information should include:

1. POC Name

2. Agency/Company

3. Phone number

4. Email Address

5. Description of work provided

6. Contract/Order Number (if applicable)

(B) The Government reserves the right to contact the POC’s to gather information on any aspect of the Offeror’s performance of providing services similar to Physical and Occupations Therapy services. The Government also reserves the right not to contact some or all the POC’s provided. It is the Offeror’s responsibility to verify the POC information is current. Submit the Past Performance. Information along with the technical quote.

(C) In addition to, or in lieu of, contacting the POC’s provided by Offerors, the Government may research Offerors’ past performance on its own by searching various databases such as System for Award Management (SAM), Contractor Performance Assessment Report System (CPARS), and the Federal Awardee Performance and Integrity Information System (FAPIIS).

PRICE QUOTE REQUIREMENTS.

(A) Offerors may provide a price quote on the Offeror’s standard quote form or may submit price quotes on the complete, most current conformed copy of…

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