M6739918R0002.pdf
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SF1449 SOLICITATION FOR AIR AMBULANCE SERVICES.
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SEE ADDENDUM
(No Collect Calls)
M6739918R0002 01-Mar-2018
b. TELEPHONE NUMBER
760.830.5122
8. OFFER DUE DATE/LOCAL TIME
12:00 AM 02 Apr 2018
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
M673999. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
MATTHEW S RADI
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
M3500218SUTM014
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED ORX
SMALL BUSINESS
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
REGIONAL CONTRACTING OFFICE
BOX 788153 BLDG 1102 MAGTFTC MCAGCC
TWENTYNINE PALMS CA 92278-8153
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE M35002 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
M35002
SCOTT LARSON
MAGTF-TC MCAGCC DEL VALLE RD
TWENTYNINE PALMS CA 92278
TEL: FAX:
760.830.6353FAX:
TEL: 760.830.6042
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$15,000,000
NAICS:
621910
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF61
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
M6739918R0002
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 8,760 Hours Stand by hours
FFP
Stand by hours for rotary air medical evaluation. Helicopter is required to be aboard Marine Corps Air Ground Combat Center, Twentynine Palms, CA on a
24/7/365 basis in accordance paragraphs 3.1 and 6.1 of the performance work statement.
FOB: Destination
MILSTRIP: M3500218SUTM014
PURCHASE REQUEST NUMBER: M3500218SUTM014
ADDITIONAL MARKINGS: N/A
NET AMT
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
0002 100 Hours Health and Safety Flight Hours
FFP
Flight hours for all health and safety support flights in accordance with paragraphs 3.2 and 6.1.2 of the performance work statement.
FOB: Destination
MILSTRIP: M3500218SUTM014
PURCHASE REQUEST NUMBER: M3500218SUTM014
MAX
1001 8,784 Hours OPTION Stand by hours
FFP
Stand by hours for rotary air medical evaluation. Helicopter is required to be aboard Marine Corps Air Ground Combat Center, Twentynine Palms, CA on a
24/7/365 basis in accordance paragraphs 3.1 and 6.1 of the performance work statement.
FOB: Destination
UNIT UNIT PRICE MAX AMOUNT
1002 100 Hours OPTION Health and Safety Flight Hours
FFP
Flight hours for all health and safety support flights in accordance with paragraphs 3.2 and 6.1.2 of the performance work statement.
2001 8,760 Hours OPTION Stand by hours
FFP
Stand by hours for rotary air medical evaluation. Helicopter is required to be aboard Marine Corps Air Ground Combat Center, Twentynine Palms, CA on a
24/7/365 basis in accordance paragraphs 3.1 and 6.1 of the performance work statement.
UNIT UNIT PRICE MAX AMOUNT
2002 100 Hours OPTION Health and Safety Flight Hours
FFP
Flight hours for all health and safety support flights in accordance with paragraphs 3.2 and 6.1.2 of the performance work statement.
3001 8,760 Hours OPTION Stand by hours
FFP
Stand by hours for rotary air medical evaluation. Helicopter is required to be aboard Marine Corps Air Ground Combat Center, Twentynine Palms, CA on a
24/7/365 basis in accordance paragraphs 3.1 and 6.1 of the performance work statement.
UNIT UNIT PRICE MAX AMOUNT
3002 100 Hours OPTION Health and Safety Flight Hours
FFP
Flight hours for all health and safety support flights in accordance with paragraphs 3.2 and 6.1.2 of the performance work statement.
4001 8,760 Hours OPTION Stand by hours
FFP
Stand by hours for rotary air medical evaluation. Helicopter is required to be aboard Marine Corps Air Ground Combat Center, Twentynine Palms, CA on a
24/7/365 basis in accordance paragraphs 3.1 and 6.1 of the performance work statement.
UNIT UNIT PRICE MAX AMOUNT
4002 100 Hours OPTION Health and Safety Flight Hours
FFP
Flight hours for all health and safety support flights in accordance with paragraphs 3.2 and 6.1.2 of the performance work statement.
PERFORMANCE WORK STATEMENT
1. GENERAL
2. DEFINITIONS
3. SCOPE OF WORK
4. GOVERNMENT FURNISHED PROPERTY, MATERIALS, AND SERVICES
5. CONTRACTOR FURNISHED PROPERTY, MATERIALS, AND SERVICES
6. SPECIFIC TASKS
7. BILLING
8. CONTACTOR QUALITY CONTROL
1. GENERAL
1.1. PURPOSE. Provide aero-medical ambulance service coverage in a standby status 24 hours per day, 7 days per week by means of an indefinite quantity, indefinite delivery contract, and also limited amounts of other air transportation services by means of CLIN 0002 and respective option CLINs, if exercised, for Marine Air-Ground
Task Force Training Center (MAGTFTC), Marine Corps Air Ground Combat Center (MCAGCC), Twentynine
Palms, California. The Contractor shall be prepared, ready, capable and available to provide Level I Advanced Life
Support (ALS), Level II Basic Life Support (BLS), and Level III (BLS monitoring not required) air ambulance services as needed, when needed, and where needed on the MAGTFTC/MCAGCC as appropriate to the severity of the medical emergency, as well as non-emergency / non-medical air transportation services as defined in this performance work statement (PWS). Transport frequency will vary based upon training density on the ranges, amount of medical evacuations and other air transportation services rendered.
1.2. The Contractor shall furnish services in accordance with the requirements specified in the PWS, when authorized by Ordering Officials, as defined below.
1.3. MAGTFTC, MCAGCC, Twentynine Palms will require from the Contractor Level I, II, and III services on a
24/7 basis. The Contractor shall be in a ready and capable status to provide Level I, II, and III services as required for the medical emergency exclusively to MAGTFTC, MCAGCC, Twentynine Palms unless released by the
Contracting Officer or COR. At no time shall the Contractor use the dedicated aircraft or space provided as a base of operations to support other functions outside the scope of this contract without prior written authorization from the Contracting Officer. Non-emergency air transportation services will be ordered only when required.
1.4. The Contractor shall comply with all applicable Federal, State, and Local Statutes and Regulations.
1.5. Estimated Quantity: The Government does not guarantee or imply that any quantity of non-emergency supplies or services will be ordered under this contract. Estimated quantities are estimates only.
2. DEFINITIONS.
2.1. BENEFICIARY. A member of the population eligible for care in military treatment facilities.
2.2. CONTRACTING OFFICER. A person with the authority to enter into, administer, and/or terminate contracts and make findings and determinations on behalf of the Government.
2.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR). The individual designated by the Contracting
Officer to monitor the contractor’s performance against the contract terms and conditions.
2.4 CONTRACTOR. The Contractor shall be compliant with all provisions and clauses of this contract.
2.5. MEDICAL TREATMENT FACILITY (MTF). Hospital or clinic, including all activities providing outpatient and/or inpatient health care for authorized personnel.
2.6 ORDERING OFFICIAL. For Level I-III services, the contractor will be dispatched to the appropriate location by the Marine Corps Air Ground Combat Center (MCAGCC) Range Control Floor Supervisor. For non-emergency flight services, the Director of Range Control Division (RCD) or designated representative will direct the contractor when and where to perform the services. Only the Contracting Officer may direct the diversion of the contractor from tasks assigned in the contract in accordance with Paragraph 6.1 of the PWS. In the case of an emergency, the
Contracting Officer may issue verbal direction to the contractor to be followed up by written direction as soon as reasonably feasible. Names of ordering officials will be provided to the awardee at the time of award.
2.7. PROGRAM MANAGER (PM). Person(s) designated by the Contractor to be his/her authorized representative, having authority to speak and act for the Contractor. One such person shall serve as the Government's principal point of contact.
2.8 STANDBY STATUS. To be available and ready to act if needed or called upon, and airborne within thirty (30) minutes of notification by the authorized government-designated representative.
2.9 READY AND CAPABLE. Have aircraft flight worthy, materially prepared, equipped, and able to provide
Levels I-III emergency medical services.
2.10. ACRONYMS AND ABBREVIATIONS.
ACLS- Advanced Cardiac Life Support
ALS- Advanced Life Support
ATLS- Advanced Trauma Life Support
BLS- Basic Life Support
BTLS- Basic Trauma Life Support
CAMTS- Commission on Accreditation of Medical Transport Systems
CCLS- Critical Care Life Support
CCRN- Certified Critical Care Nurse
CEN- Certified Emergency nurse
CFRN- Certified Flight Nurse
CFP- Certified Flight Paramedic
COR - Contracting Officer's Representative
CVIC- Combat Visual Information Center
DOD - Department of Defense
EMT- Emergency Medical Technician
EMT-P- Emergency Medical Technician/Paramedic
FAA- Federal Aviation Administration
GPS- Global Positioning System
ICEMA- Inland County Emergency Medical Agency
IFR- Instrument Flight Rules
IV- Intravenous
LLL- Low Light Level
LZ- Landing Zone
MEDEVAC- Medical Evacuation Flight
MICN- Mobile Intensive Care Nurse
NALS- Neonatal Advanced Life Support
NREMT-P- Nationally Registered EMT-Paramedic
NRP- Neonatal Resuscitation Program
NVG- Night Vision Goggles
OOD - Officer of the Day
PALS- Pediatric Advanced Life Support
PIC- Pilot in Command
PM- Program Manager
PRS- Performance Requirements Summary
QA- Quality Assurance
QAE- Quality Assurance Evaluator
QASP- Quality Assurance Surveillance Plan
QC- Quality Control
QCP- Quality Control Plan
RCO- Regional Contracting Office
SELF- Strategic Expeditionary Landing Field
TNATC Trauma Nurse Advanced Trauma Course
3. SCOPE OF WORK.
3.1. The Contractor shall be ready capable of providing rotary wing aircraft and crews ready and capable in all appropriate aspects in a standby status on a 24-hour per day, seven day per week status. The aircraft and crew shall be ready and capable to perform:
a. Levels I, II, and III Life Support Services. The Contractor shall furnish all labor, tools, materials, transportation, equipment, supplies, testing, certification, supervision, management, and quality control required to provide on-call aero-medical ambulance service and in-flight treatment of military and training staff at MAGTFTC, Twentynine Palms, California, including all ranges and Camp Wilson.
3.1.1. The Contractor shall provide emergency medical airlift of patients between the ranges and Robert E. Bush
U.S. Naval Hospital or other designated medical treatment facility within a 250 mile radius of MAGTFTC, 24 hours per day, 7 days a week to include holidays. The Naval Hospital is located at Building 1145, MAGTFTC, Twentynine Palms, and California 92278. Any other designated medical treatment facilities shall be within a 250 mile radius of MAGTFTC.
3.1.2. At a minimum, the crew shall consist of a pilot, flight nurse and an EMT-P. Performance shall be in accordance with this PWS and professional standards as specified in the Commission on Accreditation of Medical
Transport Systems (CAMTS). The Contractor shall ensure the availability of medical specialists sufficient to meet the needs of the patients transported under this agreement.
3.2. Non-Emergency Flight Hours. The Contractor shall provide non-emergency / non-medical air transportation services as ordered up to the maximum hours specified in the schedule. The Director of Range Control Division
(RCD) or designated representative will direct the contractor when and where to perform the services. Only the
Contracting Officer, or a designated representative, may direct the diversion of the contractor from stand-by hours
(Level I, II, and III services). The Contracting Officer, or a designated representative, may issue verbal direction to the contractor to be followed up by written direction as soon as reasonably feasible. If Contractor is directed to perform non-emergency flight services, the billing for CLIN 0001 should be adjusted downward, unless the
Contractor provides a dedicated back-up aircraft for Level I-III MCAGCC evacuations.
3.3. The Contractor shall provide adequate ready and capable aircraft to meet the terms and conditions of this contract. Due to the nature of the services required and the potential for multiple medical evacuations the
Government cannot specify the number of aircraft required; however, historical data indicates one (1) aircraft has met the requirement.
In some circumstances, one additional helicopter may be required to conduct medical evacuations. Historically, this has occurred three times during the last five years. If this occurs, the Contractor will have thirty (30) minutes to dispatch an additional aircraft to meet the terms and conditions of this contract. If the Contractor also provides stand-by medical evacuation support for the private sector and has dispatched simultaneous (MCAGCC and private sector) medical evacuations, the Contractor will not breach the terms of this contract if unable to dispatch an aircraft in thirty (30) minutes. The Contractor shall provide support expeditiously and advise the Government of the estimated time of dispatch and arrival.
3.4. The Government cannot conduct training on the ranges unless the Contractor helicopter is within 30 minutes of
MCAGCC. In emergency situations when civilian helicopters are unavailable, the Contracting Officer, or a designated representative, may release the Contractor to assist in off-base evacuations. This is a unilateral
Government decision. Release of the Contractor is not a command direction to perform the work and the cost of any such flight hours shall not be paid through this contract, nor will the Government be charged for standby hours on
CLIN 0001 during any corresponding flight hours, unless the Contractor provides a dedicated back-up aircraft for
Level I-III MCAGCC evacuations.
4. GOVERNMENT FURNISHED PROPERTY, MATERIALS, AND SERVICES. The Government will provide on-base access to temporary parking and closed field ops; helicopter wash rack; Fuel truck staging area, helicopter fueling area; hand held radios for ground communication; utilities to include electricity, phone lines, however, high speed internet access is the responsibility of the contractor, and an area for Contractor furnished living and office spaces. Fuel is not provided under this contract; however, the government will assist the contractor in obtaining a fuel card through Defense Logistics Agency (DLA). The cost of fuel is to be paid directly by the contractor to DLA and is not to be billed against this contract. The Government will also provide maps, Landing
Zone (LZ) locations, trained ground guides, interpreters as required, and ground transportation for the patient to and from the LZ. In addition, the Government will provide parking for the helicopter at LZ 10 and alternate sites as mutually agreed upon.
4.1 Only minor maintenance NOT involving hazardous materials/waste is authorized at LZ10. All other maintenance necessary to be performed on station must be conducted at the Strategic Expeditionary Landing Field
(SELF) located at Camp Wilson.
4.2 Flight Logs shall be submitted monthly to the Contracting Officer’s Representative (COR) with a breakdown of flight hours/ fuel consumption for MEDEVAC flights and non-emergency flights (range sweeps (visual confirmation that a range is clear), cherry picker (picking up uninjured personnel equipment), etc.).
4.3 If the Government provided hoses are not compatible/available, the air ambulance is authorized to fuel from outside sources or sponsor civilian fuel truck aboard MAGTFTC to re-fuel the aircraft at the SELF or other location as authorized by the Contracting Officer.
5. CONTRACTOR FURNISHED PROPERTY, MATERIALS, SERVICES. Except for items listed in
GOVERNMENT FURNISHED PROPERTY, MATERIALS AND SERVICES, the Contractor shall provide all equipment, materials, supplies, tools and services necessary to perform the requirements of this contract, to include fuel and fuel truck inspection/testing. The Contractor shall utilize billeting and office spaces for its aircrew and staff in the Government designated area.
5.1 PERSONNEL.
5.1.1. POINT OF CONTACT. The Contractor shall provide a Program Manager (PM) who shall be responsible for the performance of the work. The PM shall have full authority to act for the Contractor on all matters relating to the daily operation of this contract. The PM may be a paramedic, pilot or flight nurse providing care in accordance with this PWS. The Contractor shall designate this individual, in writing, to the Contracting Officer before the contract start date. An alternate may be designated, but the Contractor shall identify those times when the alternate shall be the acting PM.
5.1.2. WORK-FORCE.
5.1.2.1. The Contractor shall provide adequately trained and experienced personnel to complete the work requirements within the specified time limits and in conformance with the quality standards established herein. The personnel shall be certified, licensed, trained and experienced. The Contractor shall provide evidence prior to beginning performance under this contract, and whenever requested by the Contracting Officer, that the air ambulance medical aircrew members, pilots, and medical control physicians meet or exceed CAMTS standards for education, training, and experience in delivering air medical transport services. In addition, the medical crew members shall be certified in San Bernardino County (ICEMA).
5.1.2.2 The aircrews shall be trained to fly unaided at night.
5.1.3. ENGLISH LANGUAGE REQUIREMENT. Contractor personnel involved in the performance of this contract shall be able to read, write, speak and understand English. Contractor personnel shall possess adequate communication skills to ensure free-flowing exchange of information between themselves and with hospital staff, all local public safety agencies, incident units, and military ground guides. The Contracting Officer has discretion to require replacement of any of the Contractor’s personnel, and such replacement does not excuse the Contractor from performance under this contract.
5.1.4. CONFLICT OF INTEREST. The Contractor shall not employ any person who is an employee of the United
States Government if the employment of that person would create a conflict of interest. The Contractor shall not employ any person who is an employee of the Department of Defense, either military or civilian, unless such person seeks and receives approval in accordance with DoD Directive 5500.7 and policy.
5.2. AVAILABILITY. The Contractor will be required to perform services 24 hours a day, 7 days per week, including Federal holidays. A Program Manager or designee shall be available 24 hours per day seven days a week.
5.3. STAFFING COVERAGE. The Contractor shall ensure that fully qualified back-up personnel are available to provide coverage during all crewmember absences, whether scheduled or unscheduled. Absence of any crewmembers without backup crew coverage may result in termination of the contract for cause.
5.4. NON-PERSONAL SERVICES CONTRACT. This solicitation and resulting contract will be a non-personal service contract, as defined in FAR 37.101, under which the Contractor is an independent Contractor.
5.5. The Contractor shall provide patients referred by the MAGTFTC with access to service on terms no less favorable than those afforded to any other patient of the Contractor, and shall not discriminate against MAGTFTC-referred patients in anyway. Health care providers must be sensitive to cultural differences affecting the provision of services. MAGTFTC is responsible for providing interpreters for non-English speaking patients.
5.6. AIRCRAFT REQUIREMENTS. The rotary wing aircraft must be twin engine (no older than 20 years) and capable of flying 138 mph or greater with a range of 400 miles. It must also have multiple radios in order to monitor Range Control (“BEARMAT”) and LZ Control or the hospital using DoD band with UHF/VHF capable radios. Aircraft must be capable of transporting up to two critical patients and also must be able to support up to 8 personnel for non-emergency flight services. The aircraft must be able to land and take off from a 100’ X 100’ LZ and the crew must be capable of landing in dusty zones with the potential for “brown out” conditions. Additionally, the crew must be able to fly in Low Light Level (LLL) conditions and be Night Vision Capable (NVG) capable to include the NVG lighting in the aircraft. The Contractor shall maintain enough fuel on board to reach the most appropriate medical facility and land with FAA minimum fuel requirements.
5.7. LICENSES AND CERTIFICATIONS. The Contractor shall maintain all required licenses and certifications.
Proof of all required licenses and certifications, as well as documentation concerning the qualifications of personnel, shall be provided to the Contracting Officer prior to award of the contract, and whenever requested after award. The
Contracting Officer, COR, or QA may conduct random checks to ensure the Contractor and Contractor’s personnel hold current required licenses and certifications. This includes, but is not limited to, the following:
5.7.1. State Air Ambulance and/or Air Charter licensure and/or certification, where required for company operations.
5.7.2. Accreditation by the Commission on Accreditation of Medical Transport Services (CAMTS).
5.7.3. FAA Air Carrier Operating Certification. Each pilot who performs under this contract shall hold a valid commercial operating certificate with the appropriate ratings for the conditions of the flight being undertaken, and operate under the FAA rules for that certificate. One hundred percent (100%) compliance is required at all times. Failure to comply with this clause will result in Termination and the Government will seek all remedies available under statute and regulation, including acquisition of similar items from another contractor and charging the Contractor with any excess re-procurement costs together with any incidental or consequential damages incurred because of the termination.
5.7.4. Contractor must also satisfy Department of Defense (DOD) quality and safety requirements described in 32 CFR Part 861 and the Additional Standards for Department of Defense Contract Aircraft
Operations Under FAA Part 135.
5.8. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA),
Public Law 104-191. The Federal Government is required to comply with the HIPAA. HIPAA was implemented by the U.S. Department of Health and Human Services, Office of Civil Rights, under 45
Code of Federal Regulations, Parts 160, 162, and 164. The Contractor shall comply with HIPAA requirements. Additional information is available at http://www.hhs.gov/ocr/hipaa/. One hundred percent (100%) compliance is required at all times. Failure to comply with this clause will result in
Termination and the Government will seek all remedies available under statute and regulation, including acquisition of similar items from another contractor and charging the Contractor with any excess re-procurement costs together with any incidental or consequential damages incurred because of the termination.
6. SPECIFIC TASKS.
6.1. GENERAL PERFORMANCE.
6.1.1. AIR MEDICAL TRANSPORT SERVICES OR MEDIVAC. The Contractor shall provide the levels and types of air medical transport services routinely provided to the public. The types of services are described in the following levels:
LEVEL I. High Acuity Air Ambulance to destination facilities:
1. Critical Care Life Support (CCLS): Acute conditions
2. Advanced Life Support (ALS): Acute or non-acute conditions. ALS is defined as a patient having any of these conditions singly or in combination:
Any invasive procedures or equipment including IV therapy, chest tube, endotracheal intubation, crichothyrotomy, pacemaker, and nasogastric tube;
Supplemental oxygen dependency;
Cardiac monitoring;
Ventilator;
Pulse oximetry required to monitor pulmonary/respiratory status; and/or
Any complaint involving the head, neck, chest or abdomen except for superficial involvement.
3. Specialty Care Missions: Neonatal, Obstetric, and others. Neonatal transports are arranged in conjunction with the Pediatric / Neonatal transport team out of Loma Linda, California primarily. The
Government is not responsible for providing medical staff and personnel for Air Evac services. See paragraph 7.3 for billing procedures.
LEVEL II: Moderate Acuity (Minimum Basic Life Support required) Air Ambulance to destination facilities and/or return to MAGTFTC facilities for re-admission. Specialty care monitoring or BLS monitoring required (non-acute/stable). BLS is defined as a patient having any of these conditions singly or in combination:
Need for oxygen for flight supplementation only;
Capped IV device;
Foley-type catheter to gravity drainage;
Stabilized single fracture;
Capped nasogastric tube;
Need for monitoring of vital signs;
Superficial wounds and/or infections; and
Stable overall patient condition.
LEVEL III: Any patient not requiring BLS monitoring.
6.1.2. OTHER AIR TRANSPORT SERVICES.
Non-Emergency Flight: As needed by the Government, in the Government’s sole discretion, when emergent services are in excess of those provided under other contracts or via Government helicopters, the Contractor shall provide the following: Scene response helicopter transports, to include performing search and assist, transport of maintenance personnel to repeater/camera sites for emergency repairs, range sweeps, emergency PMO reaction force, exercise force emergency re-supply, simulated MEDEVAC training with exercise forces, and other non-medical transportation of personnel. Resupply may consist of, but not limited to, small arms, chow, water, replacement Marines and communication equipment.
6.2 SPECIFIC PROCEDURES FOR WHICH THE CONTRACTOR SHALL BE RESPONSIBLE.
6.2.1. The Contractor shall perform procedures and provide services compatible with the Naval Hospital’s operating capacity and equipment. New medical procedures or services shall not be introduced without prior recommendation to and approval of the Contracting Officer, who will seek guidance from the Naval Hospital Commander.
6.2.2. AIR AMBULANCE RESPONSE.
6.2.2.1. The Contractor shall provide air ambulance response for patient transfer and perform air transportation services from MAGTFTC training sites or an accident scene, to a designated destination as ordered by the Inland
Counties Emergency Medical Agency EMS Policies and Procedures. The Contractor shall provide all supplies, services and equipment necessary to maintain the patient's medical status. The Contractor shall provide access to the aircraft to qualified MAGTFTC EMT/Medical personnel. All helicopters used for this contract must be capable of transporting a minimum of two litter patients. Once cleared for flight operations, the Contractor shall be airborne within thirty minutes of notification by Authorized Range Control (BEARMAT) personnel to include the Range
Control Floor Supervisor; the Director of Range Control Division, or designated representative.
6.2.2.2. The only exceptions to the above response time requirement in 6.2.2.1 are contained in 3.4 above, or if the
Contractor provides the caller with information that weather conditions or other circumstances prevent flying, in which case the Contractor shall provide the caller with an estimated time of dispatch. Under these circumstances, the Ordering Official may determine that another method of air or ground transport is required; this determination will not constitute a breach of the Government’s obligations under this contract. The Contractor will notify Range
Control (BEARMAT) (760) 830-6535/6623 any time that weather or any other circumstance prevents flight. The
Contractor shall provide an anticipated time of return to full mission capabilities.
6.2.2.3 PATIENT ROUTING DETERMINATION. Patients will be transported to the most appropriate treatment facility as determined by the senior medical authority on scene under the direction of their governing medical base station. Medical base stations and the air ambulance provider are to operate under the protocols and controls of the
Inland Counties Emergency Medical Agency (ICEMA).
7. BILLING.
7.1. The Contractor will submit monthly invoices in accordance with DFARS clause 252.232-7003.
7.2. The Contractor shall provide trip reports (flight logs) to substantiate their invoice submissions when requested by the Contracting Officer or COR. The trip report shall also include the date, number of flight hours, estimated fuel usage for all services, and number of personnel transported.
7.3. The Contractor shall bill monthly for air ambulance standby hours and flight hours in accordance with the contract line items. Any costs associated with Level I-III flight hours shall be recovered independently by the
Contractor and will not be paid through this contract, to include fuel. Additionally, the Contractor will not invoice for standby hours on CLIN 0001 when performing non-emergency flight services in accordance with paragraph 3.2 above, or when released by MCAGCC to perform off-installation flights in accordance with paragraph 3.4 above, unless the Contractor provides a dedicated back-up aircraft for Level I-III MCAGCC evacuations.
7.4. INVOICE ROUTING. The Contractor shall provide invoices via Wide-Area Work Flow.
8. CONTACTOR QUALITY CONTROL. The Contractor shall establish and maintain a Quality Control Plan to ensure that the work performed under the contract conforms to the contract requirements. The Contractor shall submit to the Contracting Officer a Quality Control Plan for approval within 15 calendar days after award of the contract.
a. Contractor performed inspections are independent of those performed by the Government.
b. The Contractor's PM and Quality Control Specialist shall attend the pre-performance conference.
The Quality Control specialist shall also attend meetings with the Contracting Officer and other
Government personnel to resolve quality assurance considerations that may arise in the course of the work.
c. The Contractor's Quality Control Specialist shall provide the Contractor’s management with an effective and efficient means of identifying and correcting problems throughout the entire scope of contract operations.
d. The Quality Control Plan shall include:
(1) A description of the Contractor's Quality Control (QC) system. The (QC) system must cover all contract services, specify work to be inspected on either a scheduled or unscheduled basis, and describe how inspections are to be conducted.
(2) The name(s) and qualifications of the individual(s) responsible for performing the Quality Control, and the extent of their authority. Any changes to personnel shall be reported to the Contracting Officer in writing as they occur.
(3) Provisions for recording the results of inspections and for recording corrective action taken.
(4) Resumes shall be submitted for flight nurses, flight paramedics, and pilots.
MANDATORY REQUIREMENTS
PIOLT
1. Technical Conformance
2. PILOTS 3000 hours minimum PIC
3. Annual Flight Safety and FAA currency training
4. IFR training
5. 12 hour shifts (FAA mandated)
6. Certified ICEMA
7. Program Manager
8. Fly unaided at night
9. Fly in Low Level Light
10. NVG Capable
11. FAA Air Carrier Operating Certification
FLIGHT NURSES
1. 5 years minimum ER/ICU experience
2. MICN
3. ACLS/PALS/NALS
4. CEN/CCRN/CFRN
5. TNATC/BTLS/ATLS
6. Specialized Aeromedical Training
7. Certified ICEMA
8. Program Manager
9. Fly unaided at night
10. Fly in Low Level Light
11. NVG Capable
FLIGHT PARAMEDICS
1. 3 years minimum field experience
2. ACLS/PALS/NRP
3. BTLS
4. NREMT-P/EMT-P/CFP
5. Specialized Aeromedical Training
6. Certified ICEMA
7. Program Manager
8. Fly unaided at night
9. Fly in Low Level Light
10. NVG Capable
DOD approved
1. Capable of liftoff within 30 minutes of dispatch.
2. Available 24 hours per day/7 Days per week.
3. Personnel read, write, speak and understand English.
4. Indemnify the Government of any liability.
5. Meet the minimum insurance requirements.
6. Provide proof of insurance.
7. Registered in WAWF and capable of invoicing.
8. Capable of billing private insurance carriers.
AIRCRAFT REQUIREMENTS
1. Minimum of 2 engines.
2. No Older than 20 years
3. Capable of flying over 138 mph.
4. Range greater than 400 miles.
5. Separate radios for BEARMAT, LZ Control and Naval Hospital.
6. UHF/VHF capable.
7. NVG included in aircraft.
8. Capable of transporting two litter patients plus crew.
9. Capable of transporting 8 personnel plus pilot.
PERFORMANCE REQUIREMENTS
SURVEY (PRS)
Performance
Objective
PWS Performance Standard Acceptable
Quality
Level
Method of Surveillance Incentives
Medevac
Response
6.2.2
.1
Launch within 30 minutes from initial notification
99%
COR Surveillance, Monthly
Reports
CPARS/PPIR
S Reporting
Detailed Flight
Report
4.2 Trip report shall include
the date, number of flight hours, and estimated fuel usage for all services
95% Weekly submission to the COR CPARS/PPIR
S Reporting
Notification that aircraft is non-mission capable
6.2.2
.3
Notification shall be made to the government within
30 minutes of helicopter becoming non-mission capable
100% Phone call to Duty Floor
Supervisor
CPARS/PPIR
S Reporting
Aircraft fuel 6.1.2 Helicopters must maintain a proper fuel level to conduct evacuations and non-emergency flight services.
95% COR Surveillance CPARS/PPIR
S Reporting
IDIQ CONSTRAINTS
The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.
CLIN
MINIMUM
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
AMOUNT
0001-4001 8,760 8,784
0002-4002 10 100
CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE
The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.
CLIN
MINIMUM
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
AMOUNT
0001-4001 8,760 8,784
0002 -4002 1
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
0002 Destination Government Destination Government
1001 Destination Government Destination Government
1002 Destination Government Destination Government
2001 Destination Government Destination Government
2002 Destination Government Destination Government
3001 Destination Government Destination Government
3002 Destination Government Destination Government
4001 Destination Government Destination Government
4002 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 01-JUL-2018 TO
30-JUN-2019
N/A M35002
SCOTT LARSON
MAGTF-TC MCAGCC DEL VALLE RD
TWENTYNINE PALMS CA 92278
M35002
0002 POP 01-JUL-2018 TO
30-JUN-2019
N/A (SAME AS PREVIOUS LOCATION)
1001 POP 01-JUL-2019 TO
30-JUN-2020
N/A (SAME AS PREVIOUS LOCATION)
1002 POP 01-JUL-2019 TO
30-JUN-2020
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 01-JUL-2020 TO
30-JUN-2021
N/A (SAME AS PREVIOUS LOCATION)
2002 POP 01-JUL-2020 TO
30-JUN-2021
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 01-JUL-2021 TO
30-JUN-2022
N/A (SAME AS PREVIOUS LOCATION)
3002 POP 01-JUL-2021 TO
30-JUN-2022
N/A (SAME AS PREVIOUS LOCATION)
4001 POP 01-JUL-2022 TO
30-JUN-2023
N/A (SAME AS PREVIOUS LOCATION)
4002 POP 01-JUL-2022 TO
30-JUN-2023
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY FULL TEXT
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil/
(End of provision)
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):
http://farsite.hill.af.mil/
(End of clause)
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions NOV 2013
52.203-3 Gratuities APR 1984
52.203-18 Prohibition on Contracting With Entities That Require Certain
Internal Confidentiality Agreements or Statements--
Representation
JAN 2017
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-7 System for Award Management OCT 2016
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011
52.204-13 System for Award Management Maintenance OCT 2016
52.204-16 Commercial and Government Entity Code Reporting JUL 2016
52.204-17 Ownership or Control of Offeror JUL 2016
52.204-18 Commercial and Government Entity Code Maintenance JUL 2016
52.204-20 Predecessor of Offeror JUL 2016
52.204-21 Basic Safeguarding of Covered Contractor Information
Systems
JUN 2016
52.204-22 Alternative Line Item Proposal JAN 2017
52.209-2 Prohibition on Contracting with Inverted Domestic
Corporations--Representation
NOV 2015
52.209-9 Updates of Publicly Available Information Regarding
Responsibility Matters
JUL 2013
52.209-11 Representation by Corporations Regarding Delinquent Tax
Liability or a Felony Conviction under and Federal Law
FEB 2016
52.212-1 Instructions to Offerors--Commercial Items JAN 2017
52.217-5 Evaluation Of Options JUL 1990
52.219-9 (Dev) Small Business Subcontracting Plan (Deviation 2016-O0009) JAN 2017
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008
52.225-25 Prohibition on Contracting with Entities Engaging in Certain
Activities or Transactions Relating to Iran-- Representation and Certifications.
OCT 2015
52.228-5 Insurance - Work On A Government Installation JAN 1997
52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.237-3 Continuity Of Services JAN 1991
52.237-7 Indemnification and Medical Liability Insurance JAN 1997
52.245-1 Government Property JAN 2017
52.246-4 Inspection Of Services--Fixed Price AUG 1996
52.251-1 Government Supply Sources APR 2012
252.201-7000 Contracting Officer's Representative DEC 1991
252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013
252.203-7003 Agency Office of the Inspector General DEC 2012
252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7004 Alt A System for Award Management Alternate A FEB 2014
252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
OCT 2016
252.204-7015 Notice of Authorized Disclosure of Information for Litigation
Support
MAY 2016
252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of
Terrorism
OCT 2015
252.215-7008 Only One Offer OCT 2013
252.219-7003 Alt I
(Dev)
Small Business Subcontracting Plan (DoD Contracts)
(Deviation 2016-O0009) Alternate I
AUG 2016
252.222-7007 Representation Regarding Combating Trafficking in Persons JAN 2015
252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.225-7012 Preference For Certain Domestic Commodities DEC 2016
252.225-7048 Export-Controlled Items JUN 2013
252.226-7001 Utilization of Indian Organizations and Indian-Owned
Economic Enterprises, and Native Hawaiian Small Business
Concerns
SEP 2004
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.232-7010 Levies on Contract Payments DEC 2006
252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JUN 2013
252.243-7001 Pricing Of Contract Modifications DEC 1991
252.243-7002 Requests for Equitable Adjustment DEC 2012
252.244-7000 Subcontracts for Commercial Items JUN 2013
252.245-7001 Tagging, Labeling, and Marking of Government-Furnished
Property
APR 2012
252.245-7003 Contractor Property Management System Administration APR 2012
252.245-7004 Reporting, Reutilization, and Disposal DEC 2017
252.245-7002 Reporting Loss of Government Property DEC 2017
252.247-7023 Transportation of Supplies by Sea APR 2014
52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)
(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-
(i) The Offeror and/or any of its Principals-
(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or
State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and
(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.;
and
(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent
Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(1) Federal taxes are considered delinquent if both of the following criteria apply:
(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.
(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;
head of a division or business segment; and similar positions).
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)
(a) Definitions. As used in this provision--
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian
Board of…
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