Pre-employment_ _Employ_Med_Services_SF-1449.pdf

1. REQUISITION Nu~r-- PAGE OF PAGESSOLICITATION/CONTRACT/OP' .~ FOR COMMERCIAL ITEMS 0020071756 1 3OFFEROR TO COMPLETE b ":KS 12,17,23,24 & 30 1

2. CONTRACT NO. 3. AWARD/EFF. DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITAnON

ISSUE DATE

00/00/0000 HSBPIOJ3R0033 10/2812013

7. FOR SOLICITATION a. NAME ,b. TELEPHONE NUMBER (No co//ect calls) rOFFER DUE DATEI

LOCAL TIME

INFORMATION CALL: Sharron White 202-344-3889 12103/2013 1:00PM, EDT

9. ISSUED BY CODE 17014 10. THIS ACQUISITION IS [81 UNRESTRICTED OR o SETASIDE: % FOR:

DHS Customs & Border Protection o SMALL BUSINESS o WOMEN-OWNED SMALL BUSINESS (WOSB) ELIGIBLE

UNDER THE WOMEN-OWNED SMALL BUSINESS PROGRAM

Departmcnt of Homeland Security o HUBZONE SMALL

ECONOMICALLY DISADVANTAGED NAICS:

1300 Pennsylvania Ave, NW

BUSINESS WOMEN-OWNED SMALL BUSINESS

621111(EDWOSB)

Procurement Directorate - NP 1310 SIZE STANDARD:

Washington DC 20229 o SERVICE-DISABLED

VETERAN-OWNED

o alA)

SMALL BUSINESS

11. DELIVERY FOR FOB 12. DISCOUNT TERMS

13a. THIS CONTRACT IS A RATED 14. METHOD OF SOLICITATION

DESTINATION UNLESS ORDER UNDER DPAS (15 CFR 700)

BLOCK IS MARKED

[81 13b.RATING o RFQ o IFB [81 RFP

SEE SCHEDULE

15. DELIVER TO CODE I DELIVERY DATE 16. ADMINISTERED BY CODE I

I

03103/2015

See Attached Delivery Schedule DHS - Customs & Border Protection Department ofHomeland Security 1300 Pennsylvania Ave, NW Procurement Directorate - NP 1310 Washington DC 20229

17a. CONTRACTORI CODE I~ACILITY I 18a. PAYMENT WILL BE MADE BY CODE lOFFEROR CODE

DHS Customs & Border Protection

National Finance Center

POBox 68908

Indianapolis IN 46268 TELEPHONE NO. o 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLj31Ba UNLESS

IN OFFER. BLOCK BELOW IS CHECKED. SEE ADDENDUM

19. 20. 21. 23.22. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

10 Pre-employment and Employee Med Services 1.000 AU

2S. ACCOUNTING AND APPROPRIAnON DATA J26. TOTAL AWARD AMOUNT (For Govt Use Only)

$0.00

~ 27•. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212,1, 52.212·4. FAR 52.212-3 AND 52.212·5 ARE AlTACHED.

ADDENDA [81 ARE 0 ARE NOT AlTACHED.

~ 27b. CONTRACTIPURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS AlTACHED

AODENDA [81 ARE 0 ARE NOT AlTACHED.

~ 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND

RETURN __1_ COPIES TO ISSUING OFFICE. CONTRACTOR

AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR

OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

029. AWARD OF CONTRACT: REF. OFFER DATED

YOUR OFFER ON SOLICITATION (BLOCK 5). INCLUDING

ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN. IS ACCEPTED AS TO

ITEMS:

30A. SIGNATURE OF OFFEROR/CONTRACTOR 31., UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30e. DATE

SIGNED

31 b. NAME OF CONTRACTING OFFICER

Susan Hargett-Evans

(TYPE OR PRINT) 3lc. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUOION STANDARD FORM 1449 (REV. 5/2011)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

PAGE OF PAGES

2 3

CONTRACT NO.: REQUISITION NUMBER AWARD/EFF. DATE

0020071756 00/00/0000

ADDITIONAL INFORMATION:

See attached documents:

Statement of Work

Attachment 1 - Medical Guidelines for CBP and ICE Weapon Carrying Positions Attachment 2 Candidate Medical Examination and History Report Attachment 3 - Employee Medical Examination and History Report Attachment 4A Border Patrol Agent Standards Attachment 4B - Customs and Border Protection Standards Attachment 4C - Agricultural Specialist Standards Attachment 4D Aircraft Mechanic Standards Attachment 4E - Automotive Mechanic Standards Attachment 4F Aviation Enforcement Agent Standards Attachment 4G - Aviation Maintenance Inspection Position Description Attachment 4H - Aviation Maintenance Officer Position Description Attachment 41 - Supervisory Aviation Maintenance Officer Attachment 4J - Criminal Investigator Standards Attachment 4K Engineering Equipment Operator Physical Requirements Attachment 4L - Heavy Mobile Equipment Mechanic Standards and Physical Requirements Attachment 4M Laborer Standards and Physical Requirements Attachment 4N - Maintenance Mechanic Standards and Physical Requirements Attachment 40 - Maintenance Worker Standards and Position Description Attachment 4P - Marine Interdiction Agent Position Description and Task List Attachment 4Q - Materials Handler Standards and Physical Requirements Attachment 4R - Motor Vehicle Operator Standards and Physical Requirments Attachment 4S Range Officer Position Description Attachment 4T - Supervisory Air Interdiction Position Description Attachment 4U Tools and Parts Attendant Standards and Physical Requirements Attachment 4V - Welder Physical Requirements Attachment 4W Seized Property Specialist Attachment 4X Investigative Program Specialist Attachment 5 - Candidate Medical Examination Rating Sheet Attachment 6 - Employee Medical Examination Rating Sheet Attachment 7 Employee CDL Exam Request Form Attachment 8 - Employee CDL Exam Form Attachment 9 Non-Psych Medical Consultation Attachment 10 - Non-Psych Level I Consultation Medical Qualification Template Attachment 11 - Non-Psych Consultation Medical Qualification Template Attachment 12 - Non-Psych Specialist Consultation Medical Qualification Template Attachment 13 Non-Psych Consultation Return to Academy Template

32a,-QllANTITY IN COL~ 21 HAS BEEN

U RECEIVED U INSPECTED D ACCEPTED AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED

32b. SIGNATURE OF AUTHORIZED GOVT. REPRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 321. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

329. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER

CORRECT FOR

I PARTIAL I I FINAL D COMPLETE D PARTIAL D FINAL

38. SIR ACCOUNT NUMBER 39. SIR VOUCHER NUMBER 40. PAID BY

41 a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 428. RECEIVED BY (Prin!)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location)

42c. DATE REC'D (YYIMMlDD) j42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 5/2011) BACK

PAGE OF PAGES

3 3

CONTRACT NO.: REQUISITION NUMBER AWARD/EFF. DATE

0020071756 0010010000

ADDITIONAL INFORMATION:

Attachment 14 - Specimen collection locations CBP map Attachment 15 DHS Handbook for Safeguarding Sensitive Personally Identifiable Information Attachment 16 - Psychiatric Consultation Template Attachment 17 DHS Sensitive Systems Handbook Attachment 18 - CBP Information Systems Security Policies and Procedures Attachment 19 - Med&DT export to ctr Attachment 20 Med&DT import to ctr Attachment 21 - Sub-contracting Plan Attachment 22 pricing Table Attachment 23 - Pricing Worksheet

STANDARD FORM 1449 (REV. 5/2011) BACK

HSBP1013R0033

TABLE OF CONTENTS

SECTION I SCHEDULES

1.1 SCHEDULE OF SUPPLIES/SERVICES

1.2 DELIVERY SCHEDULE

SECTION II CONTRACT CLAUSES

11.1 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS {SEP 2013)

11.2 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

11.3 52.252-2 CLAUSES INCORPORATED BY REFERENCE {FEB 1998)

11.4 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER {MAY

2011)4

11.5 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)

11.6 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (SEP 2013)

11.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS--COMMERCIAL ITEMS (SEP 2013)

11.8 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

11.9 52.216-18 ORDERING (OCT 1995)

11.10 52.216-19 ORDER LIMITATIONS (OCT 1995)

11.11 52.216-22 INDEFINITE QUANTITY (OCT 1995)

11.12 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

11.13 52.217 -9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

11.14 52.222-49 SERVICE CONTRACT ACT--PLACE OF PERFORMANCE UNKNOWN (MAY 1989)

11.15 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (AUG 2013)

11.16 52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)

11.17 52.224-2 PRIVACY ACT (APR 1984)

11.18 52.237-3 CONTINUITY OF SERVICES (JAN 1991)

11.19 3052.215-70 KEY PERSONNEL OR FACILITIES (DEC 2003)

11.20 3052.219-70 SMALL BUSINESS SUBCONTRACTING PLAN REPORTING (JUN 2006)

11.21 3052.219-71 DHS MENTOR-PROTEGE PROGRAM (JUN 2006)

11.22 3052.219-72 EVALUATION OF PRIME CONTRACTOR PARTICIPATION IN THE DHS MENTOR-PROTEGE

PROGRAM (JUN 2006)

11.23 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN 2006)

11.24 3052.242-72 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (DEC 2003)

11.25 52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS

(DEVIATION)

11.26 CONTRACT TYPE (OCT 2008)

11.27 CONTRACTING OFFICER'S AUTHORITY (MAR 2003)

11.28 PAYMENT AND INVOICE INSTRUCTIONS (FEB 2012)

11.29 ORDERING PROCEDURES - SUPPLIES (OCT 2007)

11.30 ORDERING PROCEDURES - SERVICES (OCT 2007)

11.31 DISCLOSURE OF INFORMATION (MAR 2003)

11.32 GOVERNMENT CONSENT OF PUBLICATION/ENDORSEMENT (MAR 2003)

11.33 SECURITY PROCEDURES (OCT 2009)

11.34 NON-PERSONAL SERVICE (MAR 2003)

11.35 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE (JUL 2010)

11.36 SPECIAL SECURITY REQUIREMENT - CONTRACTOR PRE-SCREENING (SEP 2011)

SECTION III SOLICITATION PROVISIONS

111.1 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

111.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

111.3 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUL 2013)

A. Volume 1- Technical, Management Plan and CurrenUPast Performance and Qualifications

B. Volume 11- Price Proposal and Socio-Economic Sub-contracting Plan

111.4 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

111.5 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

111.6 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

111.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (AUG 2013)

111.8 52.225-18 PLACE OF MANUFACTURE (SEP 2006)

111.9 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR

TRANSACTIONS RELATING TO IRAN--REPRESENTATION AND CERTIFICATIONS (DEC 2012)

111.10 52.250-2 SAFETY ACT COVERAGE NOT APPLICABLE (FEB 2009)

Page 2of46

SECTION I SCHEDULES

1.1 SCHEDULE OF SUPPLIES/SERVICES

i liTEM # I DESCRIPTION QTY UNIT UNIT PRICE EXT. PRICE

10 !Pre-~mployment and Employee Med Services

1.000 AU

Total Funded Value of Award:

1.2 DELIVERY SCHEDULE

DELIVER TO: ITEM # QTY DELIVERY DATE

I DHS - Customs and Border Protection . Minneapolis Hiring Center

5600 American Blvd., Suite 700 Bloomington, MN 55437-1450

10 1.000 03/3/2019 i

SECTION II CONTRACT CLAUSES

11.1 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013)

11.2 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

11.3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.acquisition.gov

I. FEDERAL ACQUISITION REGULATION (48 CHAPTER 1) CLAUSES

NUMBER TITLE

11.4 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)

11.5 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)

11.6 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (SEP 2013)

11.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS--COMMERCIAL ITEMS (SEP 2013)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons {FEB 2009} (22 U.S.C. 7104(g».

[] Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78)

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

[Contracting Officer check as appropriate]

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

[Xl (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note».

[] (3) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

[] (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (JUL 2010) (Pub. L. 111-5).

[X] (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (AUG 2013) (31 U.S.C. 6101 note).

Page4of46 http:www.acquisition.gov

[] (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) (41 U,S.C.

2313)

[] (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of PUb. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub, L. 111-8, and section 745 of Division D of Pub. L. 110-161).

[] (9) 52,219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S,C. 657a).

[] (10) 52,219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U,S.C. 657a).

[] (11) [Reserved1

[] (12) (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).

[] (13) (i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).

I1 (ii) Alternate I (OCT 1995) of 52,219-7.

[] (iii) Alternate II (MAR 2004) of 52.219-7.

[Xl (14) 52,219-8, Utilization of Small Business Concerns (JUL 2013) (15 U.S.C. 637(d)(2) and (3».

[Xl (15) (i) 52.219-9, Small Business Subcontracting Plan (JUL 2013) (15 U.S.C. 637(d)(4).

[] (ii) Alternate I (OCT 2001) of 52.219-9.

[Xl (iii) Alternate II (OCT 2001) of 52.219-9.

[] (iv) Alternate III (JUL 2010) of 52.219-9.

[] (16) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)}.

[J (17) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14».

[Xl (18) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i».

[] (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008)

(10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

[] (ii) Alternate I (JUN 2003) of 52.219-23.

I1 (20) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (JUL 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[] (21) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000) (Pub.

L. 103-355, section 7102, and 10 U.S.C. 2323).

[] (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small BUsiness Set-Aside (NOV 2011) (15 U.S.C. 657f).

[Xl (23) 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013) (15 U.S.C. 632(a)(2».

[] (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (JUL 2013) (15 U.S.C. 637(m».

[] (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (JUL 2013) (15 U.S.C. 637(m».

[Xl (26) 52.222-3, Convict Labor (JUN 2003) (EO. 11755).

[X] (27) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (MAR 2012) (EO. 13126).

[Xl (28) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

[X] (29) 52.222-26, Equal Opportunity (MAR 2007) (EO. 11246).

[X] (30) 52.222-35, Equal Opportunity for Veterans (SEP 201 O) (38 U.S.C. 4212).

[X] (31) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793).

[Xl (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

[ClIck here to enter text.] (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC

2010) (EO. 13496).

[X] (34) 52.222-54, Employment Eligibility Verification (JUL 2012). (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 Products Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii». (Not applicable to the acquisition of commercially available off-the-shelf items.)

[J (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) 52.223-15, Energy Efficiency in Energy--Consuming Products (DEC 2007) (42 U.S.C. 8259b).

[] (37)(i) 52.223-16, IEEE 1689 Standard for the Environmental Assessment of Personal Computer Products (DEC

2007) (EO. 13423).

[] (ii) Alternate I (DEC 2007) of 52.223-16.

[X1 (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011).

[] (39) 52.225-1, Buy American Act--Supplies (FEB 2009) (41 U.S.C. 10a-10d).

[] (40)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (NOV 2012) (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).

[] (ij) Alternate I (MAR 2012) of 52.225-3.

[] (iii) Alternate II (MAR 2012) of 52.225-3.

[] (iv) Alternate III (NOV 2012) of 52.225-3.

[] (41) 52.225-5, Trade Agreements (SEP 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (42) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (Eo.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (43) 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).

[] (44) 52.226-4, Notice of Disaster or Emergency Area set-Aside (NOV 2007) n(45) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007)

[] (46) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C.

2307(f».

[] (47) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

[X] (48) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (JUL 2013) (31 U.S.C.

3332).

[] (49) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

[] (50) 52.232-36, Payment by Third Party (JUL 2013) (31 U.S.C. 3332).

[] (51) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (52)(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) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq).

[Xl (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq).

[Xl (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq).

[Click here to enter text.] (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (NOV 2007) (41 U.S.C. 351, et seq.).

[] (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services- Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

[] (7) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.13495).

[] (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAR 2009) (Pub. L. 110-247).

[] (9) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1».

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) {1} Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) {Pub. l. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note».

(ii) 52.219-8, Utilization of Small Business Concerns (JUL 2013) (15 U.S.C. 637{d)(2) and (3», in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (EO. 13495). Flow down required in accordance with paragraph (I) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (MAR 2007) (EO. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (EO. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq.).

Ox) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g».

[] Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g».

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (NOV 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (JUL 2012).

(xiii) 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).

(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xv) 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)

11.8 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

11.9 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 03/04/2014 through 03/03/2019.

(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}

11.1052.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. The minimum guaranteed order under this 1010 is $100,000.00. When the Government requires supplies or services covered by this contract in an amount of less than $10,000.00, 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 $5,000,000.00;

{2} Any order for a combination of items in excess of $30,000,000.00; or

{3} A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in paragraph {b){1} or {2} of this section.

(4) The total of all orders under this contract shall not exceed $96,000,000.00 over the life of the contract.

(c) If this is a requirements contract (Le., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR», the Government is not required to order a part of anyone requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

11.11 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.

The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum" which is $96,000,000.00 The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum" which is $100,000.00.

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

http:100,000.00 http:96,000,000.00 http:96,000,000.00 http:30,000,000.00 http:5,000,000.00 http:10,000.00 http:100,000.00

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the end of the 4th option year.

(End of clause)

11.1252.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of the expiration of the contract.

(End of clause)

11.1352.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

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

(End of clause)

11.1452.222-49 SERVICE CONTRACT ACT--PLACE OF PERFORMANCE UNKNOWN (MAY 1989)

(a) This contract is subject to the Service Contract Act, and the place of performance was unknown when the solicitation was issued. In addition to places or areas identified in wage determinations, if any, attached to the solicitation, wage determinations have also been requested for the following: . The Contracting Officer will request wage determinations for additional places or areas of performance if asked to do so in writing by .

(b) Offerors who intend to perform in a place or area of performance for which a wage determination has not been attached or requested may nevertheless submit bids or proposals. However, a wage determination shall be requested and incorporated in the resultant contract retroactive to the date of contract award, and there shall be no adjustment in the contract price.

(End of clause)

11.1552.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (AUG 2013)

11.1652.224-1 PRIVACY ACT NOTIFICATION (APR 1984)

The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties.

(End of clause)

11.1752.224-2 PRIVACY ACT (APR 1984)

(a) The Contractor agrees to-

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies-

(i) The systems of records; and

(ii) The design, development, or operation work that the contractor is to perform;

(2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and

(3) Include this clause, including this paragraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records.

(b) In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor is considered to be an employee of the agency.

(c) (1) Operation of a system of records, as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records.

(2) Record, as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person's name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph.

(3) System of records on in9ividuals, as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

(End of Clause)

11.1852.237-3 CONTINUITY OF SERVICES (JAN 1991)

11.193052.215-70 KEY PERSONNEL OR FACILITIES (DEC 2003)

(a) The personnel or facilities specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel or facilities, as appropriate.

(b) Before removing or replacing any of the specified individuals or facilities, the Contractor shall notify the Contracting Officer, in writing, before the change becomes effective. The Contractor shall submit sufficient information to support the proposed action and to enable the Contracting Officer to evaluate the potential impact of the change on this contract. The Contractor shall not remove or replace personnel or facilities until the Contracting Officer approves the change.

The Key Personnel or Facilities under this Contract:

Program Manager

Lead Reviewing Physician

Reviewing Physicians

11.203052.219-70 SMALL BUSINESS SUBCONTRACTING PLAN REPORTING (JUN 2006)

11.21 3052.219-71 DHS MENTOR-PROTEGE PROGRAM (JUN 2006)

(a) Large businesses are encouraged to participate in the DHS Mentor-Protege program for the purpose of providing developmental assistance to eligible small business protege entities to enhance their capabilities and increase their participation in DHS contracts.

(b) The program consists of:

(1) Mentor firms, which are large prime contractors capable of providing developmental assistance;

(2) Protege firms, which are small businesses, veteran-owned small businesses, service-disabled veteran-owned small businesses, HUBZone small businesses, small disadvantaged businesses, and women-owned small business concerns; and

(3) Mentor-Protege agreements, approved by the DHS OSDBU.

(c) Mentor partiCipation in the program means providing business developmental assistance to aid Protege in developing the requisite expertise to effectively compete for and succeSSfully perform DHS contracts and subcontracts.

(d) Large business prime contractors serving as mentors in the DHS Mentor-Protege program, are eligible for a post award incentive for subcontracting plan credit. The mentor may receive credit for costs it incurs to provide assistance to a protege firm. The mentor may use this additional credit towards attaining its subcontracting plan partiCipation goal under the same or another DHS contract. The amount of credit given to a mentor firm for these protege developmental assistance costs shall be calculated on a dollar for dollar basis and reported in the Summary Subcontract Report via the Electronic Subcontracting Reporting System (eSRS) at http://www.esrs.gov. For example, a mentorllarge business prime contractor would report a $10,000 subcontract to the protege/small business subcontractor and $5,000 of developmental assistance to the protege/small business subcontractor as $15,000. The Mentor and Protege will submit a signed joint statement agreeing on the dollar value of the developmental assistance and the Summary Subcontract Report.

(e) Contractors interested in participating in the program are encouraged to contact the DHS OSDBU for more information.

(End of Clause)

11.223052.219-72 EVALUATION OF PRIME CONTRACTOR PARTICIPATION IN THE DHS MENTOR-PROTEGE

PROGRAM (JUN 2006)

This solicitation contains a source selection factor or subfactor regarding participation in the DHS Mentor-Protege Program. In order to receive credit under the source selection factor or subfactor, the offeror shall provide a signed Jetter of mentor-protege agreement approval from the DHS Office of Small Business and Disadvantaged Business Utilization (OSDBU) before intial evaluation of proposals. The contracting officer may, in his or her discretion, give credit for approvals that occur after initial evaluation of proposals, but before final evaluation.

(End of Provision)

11.233052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN 2006)

(a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting 'more than 50 percent' for 'at least 80 percent' each place it appears.

http:http://www.esrs.gov

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)

(1 )The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

(2)After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and

(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 1701{a) of the Internal Revenue Code of 1986, respectively.

(c) SpeCial rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or

(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)( 1) of the Homeland Security Act, 6 U.S.C. 395(b)(1).

(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C.

395 (b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:

(i) warrants;

(ii) options;

(iii) contracts to acquire stock;

(iv)convertible debt instruments; and

(v) others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of section 835.

(f) Disclosure. The offeror under this solicitation represents that [Check one]:

U it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003;

U it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108 7004, which has not been denied; or

U it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108 7004.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.

(End of Clause)

11.243052.242-72 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (DEC 2003)

(a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Technical Representative (COTR) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the Contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract.

(b) The Contracting Officer cannot authorize the COTR or any other representative to sign documents, such as contracts, contract modifications, etc., that require the Signature of the Contracting Officer.

(End of Clause)

11.25 52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEVIATION)

This clause implements the temporary policy provided by OMB Policy Memorandum M-13-15, Extension of Policy to Provide Accelerated Payment to Small Business Subcontractors, dated July 11, 2013.

(a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.

(b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns.

(c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(End of clause)

11.26 CONTRACT TYPE (OCT 2008)

This is a Fixed Price, Indefinite Oeliveryllndefinite Quantity Contract.

[End of Clause]

11.27 CONTRACTING OFFICER'S AUTHORITY (MAR 2003)

The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract. In the event the Contractor effects any changes at the direction of any person other than the Contracting Officer, the changes will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof. The Contracting Officer shall be the only individual authorized to accept nonconforming work, waive any requirement of the contract, or to modify any term or condition of the contract.

The Contracting Officer is the only individual who can legally obligate Government funds. No cost chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific authorization from the Contracting Officer.

[End of Clause]

11.28 PAYMENT AND INVOICE INSTRUCTIONS (FEB 2012)

In order to request contract payment, the contractor shall submit a proper invoice, as defined by Federal Acquisition Regulation (FAR) 2.101 for payment in the manner and format described below.

SUBMISSION OF INVOICES

(a) The contractor shall submit an original invoice/voucher, via postal mail or electronic mail (email), simultaneously to the following:

(1) National Finance Center (NFC)

DHS/U.S. Customs and Border Protection

National Finance Center/Commercial Accounts

PO Box 68908

Indianapolis, Indiana 46268

OR email: cbpinvoices@dhs.gov

NOTE: For invoices with payment terms less than net 30, the subject line for all emailed invoices to the NFC must include the following text: "Per CBP, Net [state # days] Invoice".

(2) Contracting Officer or Contract Administrator (CO or CAl [fill in at time of award]

DHS/U.S. Customs and Border Protection

Attention:

OR email:

(3) Contracting Officer's Representative (COR) [fill in at time of award]

DHS/U.S. Customs and Border Protection

OR email:

(b) The contractor shall submit a copy of the original invoice/voucher for all DHS cost-reimbursement and time and material/labor hour contracts and delivery orders to the branch manager/resident auditor of the cognizant Defense Contract Audit Agency (DCAA) Field Audit Office. Copies may be sent to DCAA, via postal mail or email and must be sent at the same time the invoice/voucher is sent to the NFC, CO and COR. The CO shall provide the following information:

DCAA Field Office mailto:cbpinvoices@dhs.gov

Phone:

Email:

(c) In accordance with FAR 32.904(b), the CO, in conjunction with the COR and NFC, will determine whether the invoice is proper or improper within seven (7) days of receipt. Improper invoices will be returned to the contractor within seven (7) days of receipt.

INVOICE REVIEW AND APPROVAL REQUIREMENTS

(a) To constitute a proper invoice, invoices shall include, at a minimum, all the items required in FAR 32.905.

(1) The minimum requirements are:

i. Name and address of the contractor.

ii. Invoice date and invoice number.

iii. Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).

iv. Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

v. Shipping and payment terms (e.g. shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

vi.