RFP 12318722R0011.pdf

US Department of Agriculture (USDA)

US Forest Service USFS Medical Qualifications for Wildland Firefighters

RFP #12318722R0011

Requiring Office:USFS Washington Office –Fire and Aviation Management

NAICS 621498 All Other Outpatient Care Centers, $22.0 million

PSC: Q403 Medical Evaluation Screening

Title: USFS Medical Qualifications for Wildland Firefighters

National Interagency Fire Center (NIFC) Wildland Firefighter (FFTR) Medical Screenings, providing timely access to standardized quality medical exam services, producing accurate and secure records of annual medical qualification determinations for Forest Service (FS) FFTR positions. Provide FFTR (including annual new hires) initial and periodic (every three years) medical exams services required by regulation including basic physical exams and ancillary services, specialized tests such as vision, hearing, urinalysis, EKG or Chest Xray as required, performed by a licensed health care professional. The general scope of the contract will include the following services for FS incumbents and applicants in all US States and Territories. The current eMedical program serves an estimated 24,000 individuals across 10 Regions in the US and Territories covering: Arduous Medical Exams (Triennial); OF-178 Exams (Periodic);

and HIPAA Privacy & Security Rules and FIPS compliant electronic Medical Record utilization. Services will be phased in starting with Region 8, 9, 10, and smokejumper bases schedule for August 2022, Region 6 January 2023, Region 5 August 2023, Regions 1 and 3 January 2024, Regions 2 and 4 January 2025. The exact number of individuals is unknown and can fluctuate from year to year based on the number of new hires. Contract time is anticipated for base year with four option periods.

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(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii) This solicitation is issued as a Request for Proposal (RFP).

(iii)The combined synopsis/solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-06.

(iv)This combined synopsis/solicitation is not a Small Business Set- Aside. The NAICS code is 621498 All Other Outpatient Care Centers, and the Small Business Size Standard is $22M

(v) Schedule of Items/Price Schedule

Base Year: June 1, 2022 through May 31, 2023

Base Items

Service Estimated Quantity

Unit of Issue

Unit Price

Total Price

Arduous Medical Exam Within 50 road mile radius 7990 Each

Arduous Medical Exam Remote 51-100 miles 5 Each

Arduous Medical Exam Remote 101-200 miles 5 Each

4 Missed Appointments 1* Each

Ancillary Chest Xray 700 Each

Ancillary EKG 600 Each

Tetanus vaccination booster, Td or Tdap 1000 Each

8 Program Manager 12 Each

*Missed appointments allow 10 per quarter, after the 10th missed appointment per quarter, contractor shall itemize and invoice. Unit Price shall not exceed $50 each.

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The quantities are estimates only to be used for evaluation purposes. The actual quantities can vary and will be specified on task orders. One award will be made from this solicitation, contractors shall submit pricing for all items to be considered.

Minimum and Maximum Contract Amounts -During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $250,000, but not in excess of $18 million over the term of the contract.

Option Year 1, June 1, 2023 through May 31, 2024

Base Items

Service Estimated Quantity

Unit of Issue

Unit Price

Total Price

Arduous Medical Exam Within 50 road mile radius 11,740 Each

Arduous Medical Exam Remote 51-100 miles 5 Each

Arduous Medical Exam Remote 101-200 miles 5 Each

4 Missed Appointments 1* Each

Ancillary Chest Xray 1000 Each

Ancillary EKG 900 Each

Tetanus vaccination booster, Td or Tdap 1500 Each

8 Program Manager 12 Each

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Option Year 2, June 1, 2024 through May 31, 2025

Base Items

Service Estimated Quantity

Unit of Issue

Unit Price

Total Price

Arduous Medical Exam Within 50 road mile radius 4490 Each

Arduous Medical Exam Remote 51-100 miles 5 Each

Arduous Medical Exam Remote 101-200 miles 5 Each

4 Missed Appointments 1* Each

Ancillary Chest Xray 400 Each

Ancillary EKG 300 Each

Tetanus vaccination booster, Td or Tdap 550 Each

8 Program Manager 12 Each

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Option Year 3, June 1, 2025 through May 31, 2026

Base Items

Service Estimated Quantity

Unit of Issue

Unit Price

Total Price

Arduous Medical Exam Within 50 road mile radius 7990 Each

Arduous Medical Exam Remote 51-100 miles 5 Each

Arduous Medical Exam Remote 101-200 miles 5 Each

4 Missed Appointments 1* Each

Ancillary Chest Xray 700 Each

Ancillary EKG 600 Each

Tetanus vaccination booster, Td or Tdap 1000 Each

8 Program Manager 12 Each

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Option Year 4, June 1, 2026 through May 31, 2027

Base Items

Service Estimated Quantity

Unit of Issue

Unit Price

Total Price

Arduous Medical Exam Within 50 road mile radius 11,740 Each

Arduous Medical Exam Remote 51-100 miles 5 Each

Arduous Medical Exam Remote 101-200 miles 5 Each

4 Missed Appointments 1* Each

Ancillary Chest Xray 1000 Each

Ancillary EKG 900 Each

Tetanus vaccination booster, Td or Tdap 7250 Each

8 Program Manager 12 Each

*Missed appointments allow 10 per quarter, after the 10th missed appointment per quarter, contractor shall itemize and invoice. Unit Price shall not exceed $50 each.

(vi) Description of Requirement (including a list of any attachments)

The requirement to meet minimum Interagency Wildland Firefighter Medical Standards is a condition of employment for many Forest Service employees and a critical element to performing the full range of essential arduous duties and responsibilities safely and efficiently. In accordance with 5 CFR 339, the U.S. Department of Agriculture, Forest Service, and Department of Interior have developed Office of Personnel Management approved medical standards to address the arduous and hazardous occupational, functional, and environmental requirements of wildland firefighting positions. The Medical Qualifications Program establishes the minimum medical requirements considered necessary

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5 CFR 339.205 Medical Qualification Program provides for the establishment of periodic examinations to safeguard the health of employees whose work may subject them or others to significant health or safety risks due to occupational or environmental exposure or demands.

More information on Medical standards can be found on the USFS eMedical Qualifications website: https://www.fs.usda.gov/managing-land/fire/safety/emedical

The general scope of the contract will include the following services for USFS incumbents and applicants in all US States and Territories.

• Arduous Medical Exams (Triennial) (Performance Work Statement Appendix A)

• OF-178 Exams (Periodic) (Performance Work Statement Appendix A)

• HIPAA Privacy & Security Rule and FIPS compliant electronic Medical Record utilization

The goal of this contract is to obtain timely access to standardized, quality occupational medical exam services on a nationwide scale and accurate and secure records of these medical exams for all USFS positions requiring such. Additionally, exams will be input, stored, and tracked within the USDA’s eMedical information system. Medical Provider services will be identified and procured by the Contractor, scheduled through the contractor, and payment arranged through the contractor.

LIST OF ATTACHMENTS

Attachment No.

Description

Performance Work Statement (PWS)

2 USFA Wildland Firefighter Medical Qualifications Program Physical Exam Arduous Duty FS-5100-41

3 Certificate of Medical Examination, OF-178

4 Duty Station Locations

5 Maps (nine attachments)

(vii) Date(s) and Place(s) of Delivery and Acceptance/Location

See PWS, Section 4.0 Deliverable/Schedule https://www.fs.usda.gov/managing-land/fire/safety/emedical https://www.fs.usda.gov/managing-land/fire/safety/emedical https://www.fs.usda.gov/managing-land/fire/safety/emedical

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Location. All US States and Territories. (See attachments for PWS and Duty Station Locations)

(viii) 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (NOV 2021) (Provision) Addenda to provision 52.212-1:

Addenda to paragraph (b) Submission of Offers:

1) Offerors must have an active entity registration in the System for Award Management in order to submit an offer. https://www.sam.gov/SAM/

2) Offers submitted in response to this solicitation shall include a technical proposal, a price proposal, and contractor representations and certifications.

a) Technical Proposal – The technical proposal shall address the evaluation factors listed in 52.212-2.

b) Price Proposal – Include the following: 1) completed, Schedule of Items pricing, 2) Acknowledge any amendments issued on sam.gov for this solicitation by completing, and signing the posted SF-30.

c) Representations and Certifications – Fill in the check boxes for provisions 52.204-24, 52.209-7, 52.212-3, and include a copy with your offer.

2) Submit offer by email to drackus.thomas@usda.gov so that it is delivered into this inbox by May 25, 2022, 1700 (pacific). Emails should contain 3 separate attachments (Technical Proposal, Price Proposal, and Representations and Certifications) in Microsoft Word or Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email.

It is the offerors responsibility to confirm receipt of the offer from Drackus Thomas, CS.

3) Address questions about this solicitation to Drackus Thomas at drackus.thomas@usda.gov https://www.sam.gov/SAM/ mailto:dennis.cantrell@usda.gov

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(ix) 52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021) (Provision)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Factor 1 - Technical Subfactor 1.1 Organizational Capacity Subfactor 1.2 Key Personnel Subfactor 1.3 Medical Network, Provider Capacity Subfactor 1.4 Project Plan Subfactor 1.5 Timeline for Project Plan Subfactor 1.6 Compensation Plan Subfactor 1.7 Medical Provider Training for eMedical

Factor 2 – Past Performance Factor 3 - Price

Factor 1 –Technical Subfactor 1 Organization Capacity The proposal must demonstrate the organization possesses the resources and infrastructure to implement the PWS on a national scale. Provide narrative demonstrating the organizational structure and resources necessary.

Subfactor 1.2 Key Personnel and Subcontractors Identify the Key Personnel, provide their skills, qualifications and credentials for their respective roles to perform the services required.

Subfactor 1.3 Medical Network Provider Capacity Provide narrative and/or graphics illustrating the magnitude and geographic range of the medical provider network. Explain access and scheduling exam process. Ensure Medical Providers meet credentialing requirements, as outlined in the PWS.

The proposal must detail a provider network ready and capable of providing medical exams in accordance with PWS.

Subfactor 1.4: Project Plan An explanation of how service providers are recruited, oriented, trained, and monitored to maintain a high quality of services will be considered. It must include approach and demonstrate capability to provide service in locations outside the 50 mile road radius.

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Other than Small Business required to submit a Subcontracting Plan (Reference FAR 52.219-9, Small Business Subcontracting Plan)

Subfactor 1.5: Timeline for Project Plan Identify timeline for the Project Plan

Subfactor 1.6: Compensation Plan Provide a total compensation plan setting forth proposed salaries and fringe benefits for professional employees working on the contract. Include supporting information, such as compensation surveys, used in establishing the total compensation structure.

Compensation Plan should reference position classifications, not individuals.

Reference Provision FAR 52.222-46, this information will be evaluated in terms of its impact on recruiting and retention of quality employees. This evaluation will include an assessment of the offeror’s ability to provide uninterrupted high-quality work. The professional compensation proposed will be considered in terms of its impact upon recruiting and retention, its realism, and its consistency with a total plan for compensation. Offerors are cautioned that lowered compensation for essentially the same professional work may indicate lack of sound management judgment and lack of understanding of the requirement.

Subfactor 1.7 – Medical Provider Training for eMedical Provide a framework for training delivery on the eMedical system for medical providers.

Factor 2– Past Performance

(1) Submit a reference list of no more than five (5) recent and relevant projects. The response must include the following information:

Contract Number Project Title and Brief Description of Work Contract Type Original Award Amount Final Contract Amount Original Award Dates Actual Completed Dates Whether work was performed as the Prime Contractor or Sub-Contractor Point of Contact’s Information for Owner, (Contracting Officer, Contracting Officer Representative or Project Manager) to include Name, Title, Agency, physical and e-mail addresses, and telephone number.

(2) Offerors are encouraged to include information regarding unique challenges of a given project, and how the challenge(s) was overcome.

(3) Offerors lacking relevant past performance and experience may submit information regarding predecessor companies, key personnel who have relevant experience or subcontractors that will perform major or critical aspects of the requirement if such information is relevant to this undertaking.

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(4) Offerors are advised that the Government may use data provided by the Offeror and data obtained from other sources in the development of performance confidence assessments. Performance information on contracts not listed by the Offeror or that of subcontractors may also be evaluated.

(5) The Government may contact references other than those identified by the Offeror, and information received may be used in the evaluation of the Offeror’s performance.

The past performance evaluation considers each Offeror's past performance in terms of quality of services; timeliness of performance; management and business relations with previous customers; customer satisfaction; cost control; oversight of project including subcontractors, and suppliers; and compliance with contract requirements, labor, and safety standards.Those offerors with no history of past performance will not be evaluated favorably or unfavorably for this criterion.

Sources of Past Performance Information for Evaluation. Past performance information may be provided by the Offeror. The Government shall also obtain past performance information from the Past Performance Information Retrieval System (PPIRS). Additionally, Offerors are advised the Government will use data provided by sources other than the Offeror to evaluate past performance. This information may be obtained from questionnaires from interviews with project managers, COs, and other sources known to or found by the Government. The Government may also use information from previous source selections or contractor capability assessments if the information is recent and relevant.

Definitions.

Recent: Recent is defined as a project completed or significantly completed within 5 years from the issuance date of this solicitation.

Relevant: Past performance effort involving much of the same magnitude of effort and complexities this solicitation requires. Effort and complexities is defined by the scope, tasks and requirement’s specifications. Therefore, projects will be considered not relevant if the past performance effort did not involve any of the magnitude of effort and complexities required by this solicitation. Relevant performance includes performance of efforts that are similar or greater in scope, magnitude, and complexity than the effort described in this solicitation.

The assessment process will result in an overall performance confidence assessment of High Confidence, Some Confidence, Low Confidence as follows:

Past performance projects deemed not relevant will be rejected and not be considered.

Projects deemed not recent (greater than five years) will be disregarded. The evaluation of past performance information will consider past performance information regarding

Solicitation Number: 12318722R0011, USFS Medical Qualifications for Wildland Firefighters Page 12 of 37 predecessor companies, key personnel who have relevant experience or subcontracts that will perform major or critical aspects of the proposed agreement when such information is relevant to this acquisition. The evaluation will also consider information provided relative to corrective actions taken to resolve problems on past or existing contracts.

Offerors with no relevant performance history or the Offeror’s performance record is so limited that no confidence assessment rating can be reasonably assigned shall receive the rating "Unknown Confidence," meaning the rating is treated neither favorably nor unfavorably.

Evaluation of past performance also includes feedback provided by reference(s) contacted including quality of work performed, risk mitigation, correction of deficiencies, project management, resolution of delays and meeting progress schedules and experience with firm fixed priced contracts.

Factor 3– Price Offerors shall propose fully loaded, firm fixed pricing for all items in the price schedule.

For unit price items, ensure the estimated quantity multiplied by the unit price (proposed) equals the extended price exactly. The Offeror must propose on all line items to be considered responsive.

The evaluation factors other than cost or price, when combined, are equal and significantly more important than cost or price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

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(x) 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (NOV 2021) (DEVIATION JUL 2020) (Provision)

(xi) 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2021)

Addenda to 52.212-4:

Wage Determinations (WD) will be provided at the individual Task Order level.

Located: https://sam.gov/content/home

Replace paragraph (r) of clause 52.212-4 with the following as specified in

DEVIATION 2017-1 (AUG 2017):

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C chapter 21 relating to procurement integrity.

(xii) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (MAY 2022) (DEVIATION JUL 2020)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L.

115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions https://sam.gov/content/home

Solicitation Number: 12318722R0011, USFS Medical Qualifications for Wildland Firefighters Page 14 of 37 of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.] ☒ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

☒ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C.

3509)).

☐ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

☒ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

☐ (5) [Reserved].

☐ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☒ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☒ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101note).

☒ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Oct 2018) (41 U.S.C. 2313).

☐ (10) [Reserved].

☐ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15

U.S.C.657a).

☒ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Sep 2021) 15 U.S.C. 657a).

☐ (13) [Reserved] ☐ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.644).

☐ (ii) Alternate I (Mar 2020) of 52.219-6.

☐ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

☐ (ii) Alternate I (Mar 2020) of 52.219-7.

☒ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and

(3)).

☒ (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) (15 U.S.C. 637(d)(4)).

☐ (ii) Alternate I (Nov 2016) of 52.219-9.

☒ (iii) Alternate II (Nov 2016) of 52.219-9.

☐ (iv) Alternate III (Jun 2020) of 52.219-9.

☐ (v) Alternate IV (Sep 2021) of 52.219-9.

☐ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

☐ (ii) Alternate I (MAR 2020) of 52.219-13

☐ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C.637s) [Contracting Officer check as appropriate.]

Solicitation Number: 12318722R0011, USFS Medical Qualifications for Wildland Firefighters Page 15 of 37

☐ By the end of the base term of the contract and then by the end of each subsequent option period; or ☐ By the end of the performance period for each order issued under the contract.

☒ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C.

637(d)(4)(F)(i)).

☐ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (15 U.S.C. 657f).

☒ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (15 U.S.C. 632(a)(2)).

☐ (ii) Alternate I (MAR 2020) of 52.219-28.

☐ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Sep 2021) (15 U.S.C. 637(m)).

☐ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Sep 2021) (15 U.S.C. 637(m)).

☐ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

☐ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

☒ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☐ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022)

(DEVIATION JUL 2020) (E.O.13126).

☒ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☒ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

☐ (ii) Alternate I (Feb 1999) of 52.222-26.

☒ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

☐ (ii) Alternate I (Jul 2014) of 52.222-35.

☒ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29

U.S.C.793).

☐ (ii) Alternate I (Jul 2014) of 52.222-36.

☒ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

☒ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

☒ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and

E.O. 13627).

☐ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

☒ (36) 52.222-54, Employment Eligibility Verification (Nov 2021). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in 22.1803.)

☐ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

☐ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

Solicitation Number: 12318722R0011, USFS Medical Qualifications for Wildland Firefighters Page 16 of 37

☐ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

☐ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

☐ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Oct 2015) of 52.223-13.

☐ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Jun 2014) of 52.223-14.

☐ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C.

8259b).

☐ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Jun 2014) of 52.223-16.

☒ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

☐ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

☐ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

☒ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

☐ (ii) Alternate I (Jan 2017) of 52.224-3.

☐ (48) 52.225-1, Buy American-Supplies (Nov 2021) (41 U.S.C. chapter 83).

☐ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021)

(DEVIATION JUL 2020) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Pub.

L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

☐ (iii) (ii) Alternate II (Jan 2021) (DEVIATION JUL 2020) of 52.225-3.

☐ (iv) (iii) Alternate III (Jan 2021) (DEVIATION JUL 2020) of 52.225-3.

☐ (50) 52.225-5, Trade Agreements (Oct 2019) (DEVIATION JUL 2020) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☐ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

☐ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

☐ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

☐ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

☐ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

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☐ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C.4505, 10 U.S.C.2307(f)).

☐ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C.4505, 10 U.S.C.2307(f)).

☒ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

☐ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

☐ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

☐ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

☒ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

☐ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov

2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

☐ (ii) Alternate I (Apr 2003) of 52.247-64.

☐ (iii) Alternate II (Nov 2021) of 52.247-64.

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

Contracting Officer check as appropriate.] ☒ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

☒ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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 5 332.

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage-Fringe Benefits

0105X Data Entry Operator, GS-2, 3 $10.87, $11.86

12030 EKG Technician, GS-9 $22.57 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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Employee Class Monetary Wage-Fringe Benefits

1222X Nursing Assistant, GS-1, 2, 3, 4 $9.67, $10.87, $11.86, $13.31

1231X Registered Nurse, GS-7, 9, 11, 12 $18.45, $22.57, $27.30, $32.73

☒ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

☐ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

☐ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

☒ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

☒ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

☐ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42

U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

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

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

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the

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Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C.

3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C.4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29

U.S.C.793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C.4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Nov 2021) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026

(Jan 2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O.

13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

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(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C.2631). Flow down required in accordance with paragraph

(d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(xiii) Additional Requirements/Terms and Conditions:

Clauses:

52.203-3 Gratuities (APR 1984)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2020)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

(MAY 2011)

52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021)

(a) Definitions. As used in this clause– “Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

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“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

http://uscode.house.gov/

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(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

52.216-18 Ordering (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from effective date of awarded contract award through May 31, 2027.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered “issued” when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $4 million.

(2) Any order for a combination of items in excess of $5 million; or

(3) A series of orders from the same ordering office within 15 calendar days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection

52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to https://www.acquisition.gov/far/current/html/52_216.html#wp1115057

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(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 calendar days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 Indefinite Quantity (Oct 1995)

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

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after May 31, 2027.

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.