UPDATED_Section_I_-_T2017_-_01.20.16.pdf

SECTION I

CONTRACT CLAUSES

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FAR 52.252-2 Clauses Incorporated By Reference. (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

http://farsite.hill.af.mil

(End of Clause)

FAR 52.202-1 Definitions. (Nov 2013)

FAR 52.203-3 Gratuities. (Apr 1984)

FAR 52.203-5 Covenant Against Contingent Fees. (May 2014)

FAR 52.203-6 Restrictions on Subcontractor Sales to the Government. (Sep 2006)

FAR 52.203-7 Anti-Kickback Procedures. (May 2014)

FAR 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (May 2014)

FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (May 2014)

FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (Oct 2010)

FAR 52.203-13 Contractor Code of Business Ethics and Conduct. (Apr 2010)

FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights. (Apr 2014)

FAR 52.204-4 Printed or Copied Double-Sided Postconsumer Fiber Content Paper. (May 2011)

FAR 52.204-9 Personal Identity Verification of Contractor Personnel. (Jan 2011)

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

(Jul 2013)

FAR 52.204-13 System for Award Management Maintenance. (Jul 2013)

FAR 52.204-18 Commercial and Government Entity Code Maintenance. (Nov 2014)

FAR 52.209-6 Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013)

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FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. (Jul 2013)

FAR 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (Dec 2014)

FAR 52.210-1 Market Research. (Apr 2011)

FAR 52.211-15 Defense Priority and Allocation Requirements. (Apr 2008)

FAR 52.215-2 Audit and Records – Negotiation. (Oct 2010)

FAR 52.215-8 Order of Precedence - Uniform Contract Format. (Oct 1997)

FAR 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data - Modifications. (Aug 2011)

FAR 52.215-13 Subcontractor Certified Cost or Pricing Data - Modifications. (Oct 2010)

FAR 52.215-15 Pension Adjustments and Asset Reversions. (Oct 2010)

FAR 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions. (Jul 2005)

FAR 52.215-19 Notification of Ownership Changes. (Oct 1997)

FAR 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data - Modifications. (Oct 2010) – Alternate III (Oct 1997).

(c) Submit the cost portion of the proposal via the following electronic media:

MICROSOFT EXCEL Format with formulas

(End of Clause)

FAR 52.215-23 Limitations on Pass-Through Charges. (Oct 2009)

FAR 52.216-7 Allowable Cost and Payment. (Jun 2013) (Applicable to all CLINs for Service Assist Teams and Transition Out)

Allowable Cost and Payment (Jun 2013)

(a) Invoicing.

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(1) The Government will make payments to the Contractor when requested as work progresses, but (except for small business concerns) not more often than once every 2 weeks, in amounts determined to be allowable by the Contracting Officer in accordance with Federal Acquisition Regulation (FAR) Subpart 31.2 in effect on the date of this contract and the terms of this contract. The Contractor may submit to an authorized representative of the Contracting Officer, in such form and reasonable detail as the representative may require, an invoice or voucher supported by a statement of the claimed allowable cost for performing this contract.

(2) Contract financing payments are not subject to the interest penalty provisions of the Prompt Payment Act. Interim payments made prior to the final payment under the contract are contract financing payments, except interim payments if this contract contains Alternate I to the clause at 52.232-25.

(3) The designated payment office will make interim payments for contract financing on the _________ [Contracting Officer insert day as prescribed by agency head; if not prescribed, insert “30th”] day after the designated billing office receives a proper payment request. In the event that the Government requires an audit or other review of a specific payment request to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the specified due date.

(b) Reimbursing costs.

(1) For the purpose of reimbursing allowable costs (except as provided in subparagraph (b)(2) of this clause, with respect to pension, deferred profit sharing, and employee stock ownership plan contributions), the term “costs” includes only --

(i) Those recorded costs that, at the time of the request for reimbursement, the Contractor has paid by cash, check, or other form of actual payment for items or services purchased directly for the contract;

(ii) When the Contractor is not delinquent in paying costs of contract performance in the ordinary course of business, costs incurred, but not necessarily paid, for --

(A) Supplies and services purchased directly for the contract and associated financing payments to subcontractors, provided payments determined due will be made—

(1) In accordance with the terms and conditions of a subcontract or invoice; and

(2) Ordinarily within 30 days of the submission of the Contractor’s payment request to the Government;

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(B) Materials issued from the Contractor’s inventory and placed in the production process for use on the contract;

(C) Direct labor;

(D) Direct travel;

(E) Other direct in-house costs; and

(F) Properly allocable and allowable indirect costs, as shown in the records maintained by the Contractor for purposes of obtaining reimbursement under Government contracts; and

(iii) The amount of financing payments that have been paid by cash, check or other form of payment to subcontractors.

(2) Accrued costs of Contractor contributions under employee pension plans shall be excluded until actually paid unless—

(i) The Contractor’s practice is to make contributions to the retirement fund quarterly or more frequently; and

(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor’s indirect costs for payment purposes).

(3) Notwithstanding the audit and adjustment of invoices or vouchers under paragraph (g) of this clause, allowable indirect costs under this contract shall be obtained by applying indirect cost rates established in accordance with paragraph (d) of this clause.

(4) Any statements in specifications or other documents incorporated in this contract by reference designating performance of services or furnishing of materials at the Contractor’s expense or at no cost to the Government shall be disregarded for purposes of cost-reimbursement under this clause.

(c) Small business concerns. A small business concern may receive more frequent payments than every 2 weeks

(d) Final indirect cost rates.

(1) Final annual indirect cost rates and the appropriate bases shall be established in accordance with Subpart 42.7 of the Federal Acquisition Regulation (FAR) in effect for the period covered by the indirect cost rate proposal.

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(2)

(i) The Contractor shall submit an adequate final indirect cost rate proposal to the Contracting Officer (or cognizant Federal agency official) and auditor within the 6-month period following the expiration of each of its fiscal years. Reasonable extensions, for exceptional circumstances only, may be requested in writing by the Contractor and granted in writing by the Contracting Officer. The Contractor shall support its proposal with adequate supporting data.

(ii) The proposed rates shall be based on the Contractor’s actual cost experience for that period. The appropriate Government representative and the Contractor shall establish the final indirect cost rates as promptly as practical after receipt of the Contractor’s proposal.

(iii) An adequate indirect cost rate proposal shall include the following data unless otherwise specified by the cognizant Federal agency official:

(A) Summary of all claimed indirect expense rates, including pool, base, and calculated indirect rate.

(B) General and Administrative expenses (final indirect cost pool).

Schedule of claimed expenses by element of cost as indentified in accounting records (Chart of Accounts).

(C) Overhead expenses (final indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts) for each final indirect cost pool.

(D) Occupancy expenses (intermediate indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts) and expense reallocation to final indirect cost pools.

(E) Claimed allocation bases, by element of cost, used to distribute indirect costs.

(F) Facilities capital cost of money factors computation.

(G) Reconciliation of books of account (i.e., General Ledger) and claimed direct costs by major cost element.

(H) Schedule of direct costs by contract and subcontract and indirect expense applied at claimed rates, as well as a subsidiary schedule of Government participation percentages in each of the allocation base amounts.

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(I) Schedule of cumulative direct and indirect costs claimed and billed by contract and subcontract.

(J) Subcontract information. Listing of subcontracts awarded to companies for which the contractor is the prime or upper-tier contractor (include prime and subcontract numbers; subcontract value and award type;

amount claimed during the fiscal year; and the subcontractor name, address, and point of contact information).

(K) Summary of each time-and-materials and labor-hour contract information, including labor categories, labor rates, hours, and amounts;

direct materials; other direct costs; and, indirect expense applied at claimed rates.

(L) Reconciliation of total payroll per IRS form 941 to total labor costs distribution.

(M) Listing of decisions/agreements/approvals and description of accounting/organizational changes.

(N) Certificate of final indirect costs (see 52.242-4, Certification of Final Indirect Costs).

(O) Contract closing information for contracts physically completed in this fiscal year (include contract number, period of performance, contract ceiling amounts, contract fee computations, level of effort, and indicate if the contract is ready to close).

(iv) The following supplemental information is not required to determine if a proposal is adequate, but may be required during the audit process:

(A) Comparative analysis of indirect expense pools detailed by account to prior fiscal year and budgetary data.

(B) General organizational information and limitation on allowability of compensation for certain contractor personnel. See 31.205-6(p).

Additional salary reference information is available at http://www.whitehouse.gov/omb/procurement_index_exec_comp/ .

(C) Identification of prime contracts under which the contractor performs as a subcontractor.

(D) Description of accounting system (excludes contractors required to submit a CAS Disclosure Statement or contractors where the description http://www.whitehouse.gov/omb/procurement_index_exec_comp/

HT9402-15-R-0002 Page I-7 of I-23 Amendment 000008 of the accounting system has not changed from the previous year’s submission).

(E) Procedures for identifying and excluding unallowable costs from the costs claimed and billed (excludes contractors where the procedures have not changes from the previous year’s submission).

(F) Certified financial statements and other financial data (e.g., trial balance, compilation, review, etc).

(G) Management letter from outside CPAs concerning any internal control weaknesses.

(H) Actions that have been and/or will be implemented to correct the weaknesses described in the management letter from subparagraph (G) of this section.

(I) List of all internal audit reports issued since the last disclosure of internal audit reports to the Government.

(J) Annual internal audit plan of scheduled audits to be performed in the fiscal year when the final indirect cost rate submission is made.

(K) Federal and State income tax returns.

(L) Securities and Exchange Commission 10-K annual report.

(M) Minutes from board of directors meetings.

(N) Listing of delay claims and termination claims submitted which contain costs relating to the subject fiscal year.

(O) Contract briefings, which generally include a synopsis of all pertinent contract provisions, such as: Contract type, contract amount, product or service(s) to be provided, contract performance period, rate ceilings, advance approval requirements, pre-contract cost allowability limitations, and billing limitations.

(v) The Contractor shall update the billings on all contracts to reflect the final settled rates and update the schedule of cumulative direct and indirect costs claimed and billed, as required in paragraph (d)(2)(iii)(I) of this sections, within 60 days after settlement of final indirect cost rates.

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(3) The Contractor and the appropriate Government representative shall execute a written understanding setting forth the final indirect cost rates. The understanding shall specify

(i) the agreed-upon final annual indirect cost rates,

(ii) the bases to which the rates apply,

(iii) the periods for which the rates apply,

(iv) any specific indirect cost items treated as direct costs in the settlement, and

(v) the affected contract and/or subcontract, identifying any with advance agreements or special terms and the applicable rates.

The understanding shall not change any monetary ceiling, contract obligation, or specific cost allowance or disallowance provided for in this contract. The understanding is incorporated into this contract upon execution.

(4) Failure by the parties to agree on a final annual indirect cost rate shall be a dispute within the meaning of the Disputes clause.

(5) Within 120 days (or longer period if approved in writing by the Contracting Officer) after settlement of the final annual indirect cost rates for all years of a physically complete contract, Contractor shall submit a completion invoice or voucher to reflect the settled amounts and rates. The completion invoice or voucher shall include settled subcontract amounts and rates. The prime contractor is responsible for settling subcontractor amounts and rates included in the completion invoice or voucher and providing status of subcontractor audits to the contracting officer upon request.

(6)

(i) If the Contractor fails to submit a completion invoice or voucher within the time specified in paragraph (d)(5) of this clause, the Contracting Officer may--

(A) Determine the amounts due to the Contractor under the contract; and

(B) Record this determination in a unilateral modification to the contract.

(ii) This determination constitutes the final decision of the Contracting Officer in accordance with the Disputes clause.

(e) Billing rates. Until final annual indirect cost rates are established for any period, the Government shall reimburse the Contractor at billing rates established by the Contracting Officer

HT9402-15-R-0002 Page I-9 of I-23 Amendment 000008 or by an authorized representative (the cognizant auditor), subject to adjustment when the final rates are established. These billing rates --

(1) Shall be the anticipated final rates; and

(2) May be prospectively or retroactively revised by mutual agreement, at either party’s request, to prevent substantial overpayment or underpayment.

(f) Quick-closeout procedures. Quick-closeout procedures are applicable when the conditions in FAR 42.708(a) are satisfied.

(g) Audit. At any time or times before final payment, the Contracting Officer may have the Contractor’s invoices or vouchers and statements of cost audited. Any payment may be --

(1) Reduced by amounts found by the Contracting Officer not to constitute allowable costs; or

(2) Adjusted for prior overpayments or underpayments.

(h) Final payment.

(1) Upon approval of a completion invoice or voucher submitted by the Contractor in accordance with paragraph (d)(5) of this clause, and upon the Contractor’s compliance with all terms of this contract, the Government shall promptly pay any balance of allowable costs and that part of the fee (if any) not previously paid.

(2) The Contractor shall pay to the Government any refunds, rebates, credits, or other amounts (including interest, if any) accruing to or received by the Contractor or any assignee under this contract, to the extent that those amounts are properly allocable to costs for which the Contractor has been reimbursed by the Government. Reasonable expenses incurred by the Contractor for securing refunds, rebates, credits, or other amounts shall be allowable costs if approved by the Contracting Officer. Before final payment under this contract, the Contractor and each assignee whose assignment is in effect at the time of final payment shall execute and deliver --

(i) An assignment to the Government, in form and substance satisfactory to the Contracting Officer, of refunds, rebates, credits, or other amounts (including interest, if any) properly allocable to costs for which the Contractor has been reimbursed by the Government under this contract; and

(ii) A release discharging the Government, its officers, agents, and employees from all liabilities, obligations, and claims arising out of or under this contract, except --

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(A) Specified claims stated in exact amounts, or in estimated amounts when the exact amounts are not known;

(B) Claims (including reasonable incidental expenses) based upon liabilities of the Contractor to third parties arising out of the performance of this contract; provided, that the claims are not known to the Contractor on the date of the execution of the release, and that the Contractor gives notice of the claims in writing to the Contracting Officer within 6 years following the release date or notice of final payment date, whichever is earlier; and

(C) Claims for reimbursement of costs, including reasonable incidental expenses, incurred by the Contractor under the patent clauses of this contract, excluding, however, any expenses arising from the Contractor’s indemnification of the Government against patent liability.

FAR 52.216-7 ALLOWABLE COST AND PAYMENT (Jun 2013) (DEVIATION – Pending Approval) (Applicable to all CLINs for Underwritten Health Care Cost)

(a) Invoicing.

(1) The Government will make payments to the Contractor when requested, but not more often than once every Government business day, in amounts determined to be allowable by the Contracting Officer in accordance with Federal Acquisition Regulation Subpart 31.2 and with the terms of this contract. The submission of health care costs on a TED voucher that pass the TED edits will be considered an invoice or voucher for reimbursement of claimed allowable health care costs.

(2) Contract financing payments are not subject to the interest penalty provisions of the Prompt Payment Act. Interim payments made prior to the final payment under the contract are contract financing payments, except interim payments if this contract contains Alternate I to the clause at 52.232-25.

(3) In the event that the Government requires an audit or other review of a specific payment request to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the specified due date.

(b) Reimbursing costs. For the purpose of reimbursing allowable costs, the term "costs" includes only --

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(1) Those submitted on vouchers for direct health care costs that, at the time the request for reimbursement, have passed the TED edits; and

(2) Those recorded costs that, at the time of the request for reimbursement, the Contractor has actually paid or expended by cash, check, electronic fund transfer, or other form of actual payment for health care under this contract; and

(3) When those costs eligible for reimbursement are the direct health care costs that pass TED edits involving health care furnished to an eligible beneficiary, health care authorized under TRICARE, health care furnished by an authorized TRICARE provider, and health care costs consistent with authorized TRICARE reimbursement methodologies. Costs reimbursed based on vouchers passing initial TED edits are subject to further payment adjustment by the Government if determined not to qualify as an allowable cost.

(c) Audit. At any time or times before final payment, the Contracting Officer may have the Contractor's invoices or vouchers and statements of cost audited. "Audits" as used in this clause, includes audits on statistically valid samples. The audit results will be extrapolated across all the TRICARE medical claims for the region submitted for TED edits during the audited period to determine the total overpayment of the TRICARE medical claims population sampled for the region. The results of the audits will be used to adjust for overpayments of, or other unallowable health care costs. Underpayments made by the contractor that are found in an audit are not used to offset overpayment adjustments. These adjustments are in addition to the Government's rights under the Inspection of Services Clause (FAR 52.246-5). Any payment may be—

(1) Reduced by amounts found by the Contracting Officer not to constitute allowable costs; or

(2) Adjusted for prior overpayments or underpayments.

(d) Final Payment.

(1) Upon approval of a completion invoice or voucher submitted by the Contractor, and upon the Contractor's compliance with all terms of this contract, the Government shall promptly pay any balance of allowable costs and that part of the fee (if any) not previously paid.

(2) The Contractor shall pay to the Government any refunds, rebates, credits, Contractor’s claim overpayment or fraud recoveries, or other amounts (including interest, if any) accruing to or received by the contractor or any assignee under this contract, to the extent that those amounts are properly allocable to costs for which the Contractor has been reimbursed by the Government and not previously identified and returned to the Government as an unallowable cost. Before final payment under this contract, the Contractor and each assignee whose assignment is in effect at the time of final payment shall execute and deliver--

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(i) An assignment to the Government, in form and substance satisfactory to the Contracting Officer, of refunds, rebates, credits, or other amounts (including interest, if any) properly allocable to costs for which the Contractor has been reimbursed by the Government under this contract; and

(ii) A release discharging the Government, its officers, agents, and employees from all liabilities, obligations, and claims arising out of or under this contract, except—

(A) Specified claims stated in exact amounts, or in estimated amounts when the exact amounts are not known; and

(B) Claims (including reasonable incidental expenses) based upon liabilities of the

Contractor to third parties arising out of the performance of this contract; provided, that the claims are not known to the contractor on the date of the execution of the release, and that the Contractor gives notice of the claims in writing to the Contracting Officer within 6 years following the release date or notice of final payment date, whichever is earlier.

(End of clause)

FAR 52.216-8 Fixed Fee. (Jun 2011)

FAR 52.217-8 Option to Extend Services. (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the contractor within 90 calendar days of contract expiration.

FAR 52.217-9 Option to Extend the Term of the Contract. (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the contractor within 30 calendar days before the contract expires; 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 7 years, 3 months

FAR 52.219-8 Utilization of Small Business Concerns. (Oct 2014)

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FAR 52.219-9, Small Business Subcontracting Plan (Deviation 2013-O0014) (Aug 2013) – Alternate II (Oct 2001).

(l) (2) SSR

(i) Reports submitted under individual contract plans

(C) If a prime Contractor and/or subcontractor is performing work for more than one executive agency, a separate report shall be submitted to each executive agency covering only that agency’s contracts, provided at least one of that agency’s contracts is over $650,000 (over $1.5 million for construction of a public facility) and contains a subcontracting plan. For DoD, a consolidated report shall be submitted for all contracts awarded by military departments/agencies and/or subcontracts awarded by DoD prime Contractors.

(D) The consolidated SSR shall be submitted annually for the twelve month period ending September 30. The report is due 30 days after the close of the reporting period.

FAR 52.219-16 Liquidated Damages – Subcontracting Plan. (Jan 1999)

FAR 52.219-28 Post-Award Small Business Program Representation. (Jul 2013)

FAR 52.222-3 Convict Labor. (Jun 2003)

FAR 52.222-21 Prohibition of Segregated Facilities. (Feb 1999Apr 2015)

FAR 52.222-26 Equal Opportunity. (MarApr 200715)

FAR 52.222-35 Equal Opportunity for Veterans. (Jul 2014)

FAR 52.222-36 Equal Opportunity for Workers with Disabilities. (Jul 2014)

FAR 52.222-37 Employment Reports on Veterans. (Jul 2014Oct 2015)

FAR 52.222-38 Compliance With Veterans’ Employment Reporting Requirements (Sep 2010)

FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act.

(Dec 2010)

FAR 52.222-41 Service Contract Labor Standards. (May 2014)

FAR 52.222-42 Statement of Equivalent Rates for Federal Hires. (May 2014)

Formatted: Font: (Default) Times New Roman, 12 pt

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In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

THIS STATEMENT IS FOR INFORMATION ONLY (IT IS NOT A

WAGE DETERMINATION):

MONETARY EQUIVALENT

EMPLOYEE CLASS HOURLY WAGE GS Grade

Accounting Clerk I $9.78 GS-02 Accounting Clerk II $10.68 GS-03 Accounting Clerk II $11.98 GS-04 Accounting Clerk IV $13.41 GS-05 Computer Operator I $11.98 GS-04 Computer Operator II $13.41 GS-05

Computer Operator III $14.95 GS-06 Computer Operator IV $16.61 GS-07 Computer Operator V $18.39 GS-08 Computer Programmer I $13.41 GS-05 Computer Programmer II $16.61 GS-07 Computer Programmer III $20.32 GS-09 Computer Programmer IV $24.58 GS-11 Computer Systems Analyst I $20.32 GS-09 Computer Systems Analyst II $24.58 GS-11 Computer Systems Analyst III $29.46 GS-12 General Clerk I $8.70 GS-01 General Clerk II $9.78 GS-02 General Clerk III $10.68 GS-03 General Clerk IV $11.98 GS-04 Health Information Specialist $19.32 GS-09 Registered Nurse $24.58 GS-11 Physician Assistant $24.58 GS-11 Nurse Practitioner $35.03 GS-13 Quality Assurance Specialist $29.46 GS-12 Staff Trainer $29.46 GS-12 Network Administrator $35.03 GS-13 Intranet/ Extranet Site developer $35.03 GS-13 Database Manager $35.03 GS-13 Mail Clerk $9.78 GS-02 Mathematical Technician $16.61 GS-07 Medical Records Clerk $11.98 GS-04 Medical Records Technician $16.61 GS-07

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Paralegal/ Legal Assistant I $13.41 GS-05 Paralegal/ Legal Assistant II $16.61 GS-07 Paralegal/ Legal Assistant III $20.32 GS-09 Paralegal/ Legal Assistant IV $24.58 GS-11 Personnel Assistant I $10.68 GS-03 Personnel Assistant I $11.98 GS-04 Personnel Assistant III $13.44 GS-05 Personnel Assistant IV $14.95 GS-06 Administrative Assistant I $11.98 GS-04 Administrative Assistant V $18.39 GS-08 Technical Writer $24.58 GS-11

General Schedule Step 1 does not include locality pay

(End of clause)

FAR 52.222-43 -- Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts). (May 2014)

FAR 52.222-50 Combating Trafficking in Persons. (Mar 2015)

FAR 52.222-54 Employment Eligibility Verification. (Aug 2013)

FAR 52.222-55 Minimum Wages Under Executive Order 13658. (Dec 2014)

FAR 52.223-6 Drug-Free Workplace. (May 2001)

FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving.

(Aug 2011)

FAR 52.224-1 Privacy Act Notification. (Apr 1984)

FAR 52.224-2 Privacy Act. (Apr 1984)

FAR 52.225-13 Restrictions on Certain Foreign Purchases. (Jun 2008)

FAR 52.227-1 Authorization and Consent. (Dec 2007)

FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. (Dec 2007)

FAR 52.227-14 Rights in Data--General. (May 2014)

FAR 52.228-5 Insurance – Work on a Government Installation. (Jan 1997)

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FAR 52.229-3 Federal, State, and Local Taxes. (Feb 2013)

FAR 52.230-2 Cost Accounting Standards. (May 2014)

FAR 52.230-6 Administration of Cost Accounting Standards. (Jun 2010)

FAR 52.232-1 Payments. (Apr 1984)

FAR 52.232-11 Extras. (Apr 1984)

FAR 52.232-17 Interest. (May 2014)

FAR 52.232-18 Availability of Funds. (Apr 1984)

FAR 52.232-22. Limitation of Funds (Apr 1984)

FAR 52.232-23 Assignment of Claims. (May 2014)

FAR 52.232-25 Prompt Payment. (Jul 2013) - Alternate I (Feb 2002).

FAR 52.232-33 Payment by Electronic Funds Transfer - System for Award Management.

(Jul 2013)

FAR 52.232-39 Unenforceability of Unauthorized Obligations. (Jun 2013)

FAR 52.232-40 Providing Accelerated Payment to Small Business Subcontractors. (Dec 2013)

FAR 52.233-1 Disputes. (May 2014) - Alternate I (Dec 1991).

FAR 52.233-3 Protest after Award. (Aug 1996)

FAR 52.233-4 Applicable Law for Breach of Contract Claim. (Oct 2004)

FAR 52.237-3 Continuity of Services. (Jan 1991)

FAR 52.237-7 Indemnification And Medical Liability Insurance (Jan 1997) (Applies to any Non-Personal Services under CSA CLINs)

(a) It is expressly agreed and understood that this is a nonpersonal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor are rendered in its capacity as an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control

HT9402-15-R-0002 Page I-17 of I-23 Amendment 000008 over professional aspects of the services rendered, including by example, the Contractor’s professional medical judgment, diagnosis, or specific medical treatments. The Contractor shall be solely liable for and expressly agrees to indemnify the Government with respect to any liability producing acts or omissions by it or by its employees or agents. The Contractor shall maintain during the term of this contract liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence:

(b) An apparently successful offeror, upon request by the Contracting Officer, shall furnish prior to contract award evidence of its insurability concerning the medical liability insurance required by paragraph (a) of this clause.

(c) Liability insurance may be on either an occurrences basis or on a claims-made basis. If the policy is on a claims-made basis, an extended reporting endorsement (tail) for a period of not less than 3 years after the end of the contract term must also be provided.

(d) Evidence of insurance documenting the required coverage for each health care provider who will perform under this contract shall be provided to the Contracting Officer prior to the commencement of services under this contract. If the insurance is on a claims-made basis and evidence of an extended reporting endorsement is not provided prior to the commencement of services, evidence of such endorsement shall be provided to the Contracting Officer prior to the expiration of this contract. Final payment under this contract shall be withheld until evidence of the extended reporting endorsement is provided to the Contracting Officer.

(e) The policies evidencing required insurance shall also contain an endorsement to the effect that any cancellation or material change adversely affecting the Government’s interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer. If, during the performance period of the contract the Contractor changes insurance providers, the Contractor must provide evidence that the Government will be indemnified to the limits specified in paragraph (a) of this clause, for the entire period of the contract, either under the new policy, or a combination of old and new policies.

(f) The Contractor shall insert the substance of this clause, including this paragraph (f), in all subcontracts under this contract for health care services and shall require such subcontractors to provide evidence of and maintain insurance in accordance with paragraph (a) of this clause. At least 5 days before the commencement of work by any subcontractor, the Contractor shall furnish to the Contracting Officer evidence of such insurance.

FAR 52.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (JAN

1997) (DEVIATION – Pending Approval) (Excludes CSA SubCLINs/CLINs)

(a) The Contractor is responsible for determining the medical malpractice coverage

HT9402-15-R-0002 Page I-18 of I-23 Amendment 000008 required in the state (including state risk pools if applicable) for each network provider (both professional and institutional) and ensuring that each network provider is in compliance with this requirement. In the absence of a state law requirement for medical malpractice insurance coverage, the Contractor is responsible for determining the local community standard for medical malpractice coverage and the Contractor must maintain the documentation evidencing both the standard and compliance by network providers.

In no case shall a network provider not have medical malpractice coverage.

(b) The Contractor shall be solely liable for and expressly agrees to indemnify the Government for the costs of defense and any liability resulting from services provided to Military Health System (MHS) eligible beneficiaries by a network provider. As an alternate, the Contractor shall have all network provider agreements used by the Contractor contain a requirement, directly or by reference to applicable regulations or Defense Health Agency policies, that the provider agrees to indemnify, defend, and hold harmless the Government from any and all claims, judgments, costs, liabilities, damages and expenses, including attorney’s fees, whatsoever, arising from any acts or omissions in the provision of medical services by the provider to MHS eligible beneficiaries.

(c) Each network provider agreement must indicate the required malpractice coverage.

Evidence documenting the required coverage of each network provider under the contract shall be provided to the Contracting Officer upon request. The Contracting Officer, after consulting with the Contractor, retains the authority to determine whether state and/or local community standards for medical malpractice coverage have been met by a network provider and whether the Contractor has documented the required coverage.

(d) Liability insurance may be on either an occurrences basis or on a claims-made basis.

If the policy is on a claims-made basis, an extended reporting endorsement (tail) for a period of not less than 3 years after the end of the contract term must also be provided, or as long as standard practice in the locality or as may be required by local law or ordinance.

FAR 52.239-1 Privacy or Security Safeguards. (Aug 1996)

FAR 52.242-13 Bankruptcy. (Jul 1995)

FAR 52.243-1 Changes - Fixed-Price. (Aug 1987) – Alternate I (Apr 1984).

FAR 52.243-2 Changes – Cost Reimbursement. (Aug 1987) Alternate I (Apr 1984).

FAR 52.243-6 Change Order Accounting. (Apr 1984)

FAR 52.243-7 Notification of Changes. (Apr 1984)

FAR 52.244-2 Subcontracts. (Oct 2010)

HT9402-15-R-0002 Page I-19 of I-23 Amendment 000008

FAR 52.244-5 Competition in Subcontracting. (Dec 1996)

FAR 52.244-6 Subcontracts for Commercial Items. (Mar 2015)

FAR 52.245-1 Government Property (April 2012) Alternate I (April 2012)

FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price). (Apr 2012)

FAR 52.249-6 Termination (Cost-Reimbursement). (May 2004)

FAR 52.249-8 Default (Fixed-Price Supply and Service). (Apr 1984)

FAR 52.249-14 Excusable Delays. (Apr 1984)

FAR 52.252-6 Authorized Deviations in Clauses. (Apr 1984)

The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

FAR 52.253-1 Computer Generated Forms. (Jan 1991)

DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT (DFARS)

SOLICITATION/CONTRACT CLAUSES

DFARS 252.201-7000 Contracting Officer's Representative. (DEC 1991)

(a) Definition. Contracting officer's representative" means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

HT9402-15-R-0002 Page I-20 of I-23 Amendment 000008

(Revised January 29, 2015)

DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials.

(SEP 2011)

DFARS 252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense- Contract-Related Felonies. (DEC 2008)

DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. (SEP 2013)

DFARS 252.203-7003 Agency Office of the Inspector General. (DEC 2012)

The agency office of the Inspector General referenced in paragraphs (c) and (d) of FAR clause 52.203-13, Contractor Code of Business Ethics and Conduct, is the DoD Office of Inspector General at the following address:

Department of Defense Office of Inspector General Investigative Policy and Oversight

Contractor Disclosure Program

4800 Mark Center Drive, Suite 11H25 Alexandria, VA 22350-1500

Toll Free Telephone: 866-429-8011

DFARS 252.203-7004 Display of Hotline Posters. (JAN 2015)

(a) Definition. “United States,” as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of fraud hotline poster(s).

(1) The Contractor shall display prominently the DoD fraud hotline poster, prepared by the DoD Office of the Inspector General, in common work areas within business segments performing work in the United States under Department of Defense (DoD) contracts.

(2) If the contract is funded, in whole or in part, by Department of Homeland Security (DHS) disaster relief funds, the DHS fraud hotline poster shall be displayed in addition to the DoD fraud hotline poster. If a display of a DHS fraud hotline poster is required, the Contractor may obtain such poster from:

HT9402-15-R-0002 Page I-21 of I-23 Amendment 000008

Not Applicable-is not funded by DHS

c) Display of Combating Trafficking in Persons and Whistleblower Protection hotline posters. The Contractor shall display prominently the DoD Combating Trafficking in Persons and Whistleblower Protection hotline posters, prepared by the DoD Office of the Inspector General, in common work areas within business segments performing work under DoD contracts.

(d)(1) These DoD hotline posters may be obtained from: Defense Hotline, The Pentagon, Washington, D.C. 20301-1900, or are also available via the internet at http://www.dodig.mil/hotline/hotline_posters.htm.

(2) If a significant portion of the employee workforce does not speak English, then the posters are to be displayed in the foreign languages that a significant portion of the employees speak. Contact the DoD Inspector General at the address provided in paragraph (d)(1) of this clause if there is a requirement for employees to be notified of this clause and assistance with translation is required.

(3) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of these required posters at the website.

(e) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (e), in all subcontracts that exceed $5 million except when the subcontract is for the acquisition of a commercial item.

DFARS 252.204-7000 Disclosure of Information. (AUG 2013)

DFARS 252.204-7002 Payment for Subline Items Not Separately Priced. (DEC 1991)

DFARS 252.204-7003 Control of Government Personnel Work Product. (APR 1992)

DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (DEC 2015)

DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders. (DEC 1991)

DFARS 252.209-7004 Subcontracting with Firms That Are Owned or Controlled by the Government Country that is a State Sponsor of Terrorism. (DEC 2014)

DFARS 252.215-7000 Pricing Adjustments. (DEC 2012) http://www.dodig.mil/hotline/hotline_posters.htm

HT9402-15-R-0002 Page I-22 of I-23 Amendment 000008

DFARS 252.219-7000 Advancing Small Business Growth (MAY 2015)

DFARS 252.219-7003 Small Business Subcontracting Plan (DoD Contracts). (OCT 2014) (Deviation 2013-O0014)

(a) Definitions. As used in this clause--*** “Summary Subcontract Report (SSR) Coordinator,” means the individual who is registered in eSRS at the Department of Defense (9700).

(h)(1) For DoD, the contractor shall submit reports in eSRS as follows:

(i) The Individual Subcontract Report (ISR) shall be submitted to the contracting officer at the procuring contracting office, even when contract administration has been delegated to the Defense Contract Management Agency.

(ii) To submit the consolidated SSR for an individual subcontracting plan in eSRS, the contractor identifies the Government Agency in Block 7 (“Agency to which the report is submitted”) by selecting the “Department of Defense (DoD) (9700)” from the top of the second dropdown menu. Do not select anything lower.

(2) For DoD, the authority to acknowledge receipt or reject reports in eSRS is as follows:

(i) The authority to acknowledge receipt or reject report in the ISR resides with the contracting officer who receives it, as described in paragraph (h)(1)(i) of this clause.

(ii) The authority to acknowledge receipt or reject SSRs in eSRS resides with the SSR Coordinator.

(End of Clause)

DFARS 252.223-7004 Drug-Free Work Force. (SEP 1988)

DFARS 252.225-7004 Report of Intended Performance Outside the United States and Canada--Submission after Award. (OCT 2010)

DFARS 252.225-7006 Reserved.

DFARS 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns. (SEP 2004)

DFARS 252.231-7000 Supplemental Cost Principles. (DEC 1991)

DFARS 252.232-7006 Wide Area Workflow Payment Instructions. (MAY 2013)

DFARS 252.242-7005 Contractor Business Systems. (FEB 2012)

DFARS 252.243-7001 Pricing of Contract Modifications. (DEC 1991)

Formatted: Font: (Default) Times New Roman, 12 pt

HT9402-15-R-0002 Page I-23 of I-23 Amendment 000008

DFARS 252.243-7002 Requests for Equitable Adjustment. (DEC 2012)

DFARS 252.244-7001 Contractor Purchasing System Administration. (MAY 2014)

(End of Section)