SOLICITATION.rtf

RFP-241-2016-0013

file_0.emf file_1.wmf

SECTION B – PRODUCTS OR SERVICES AND PRICES/COSTS

B.1. CONSIDERATION AND PAYMENT

The Contractor shall provide the services described in Section C, Description/ Specifications/Work Statement. Except as otherwise specified in the contract, the Contractor shall furnish the necessary personnel, materials, services, facilities, and otherwise do all things necessary for or incident to the performance of the work set forth herein.

In consideration of satisfactory performance of the work described in the Statement of Work, the Contractor shall be compensated for the number of hours actually incurred at the fixed loaded hourly rates set forth below. Other direct costs, if applicable, shall be paid at actual cost. The Government shall not be obligated to pay any amount in excess of the ceiling price, nor is the Contractor obligated to continue performance if to do so would exceed the ceiling price.

B.2. TYPE OF TASK ORDER

This is a Firm Fixed Price, Requirements Type contract.

B.3. CONTRACT PRICING

Base Period- June 16, 2016 through June 15, 2017 – 365 days with a total of 5824 hours

CLIN

Schedule Rate Security Services

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

General

The Indian Health Service (IHS), an agency within the Department of Health and Human Services, is responsible for providing federal health services to American Indians and Alaska Natives. The mission of IHS is to raise the physical, mental, social, and spiritual health of American Indians and Alaska Natives to the highest level and assure that comprehensive, culturally acceptable personal and public health services are available and accessible to members of the 566 federally recognized Tribes across the United States.

Background

The intent of this contract is to acquire the non-personal professional security services for a 365 day period totaling 5824 hours which will include the following hours:

MONDAY THRU FRIDAY 6:30PM TO 6:30AM

SATURDAY AND SUNDAY 6:30AM TO 6:30PM AND 6:30PM TO 6:30AM

Position is located at the Rapid City Service Unit, Rapid City, South Dakota. The vendor provides protective services to patients, property, employees, visitors, and vehicular traffic. Include providing services to the main hospital facility, the outlying IHS buildings and designated Federal property. Security patrol provided by foot patrol and/or by contractor vehicle. Contractor security guard to wear uniform of his/her company, no firearms, pepper spray, taser or other soft or hard restraints. The vendor will provide Security Guard services on all weekend days, weekend nights and weekday nights.

Statement of Work

MAJOR DUTIES:

Effectively performs interior, exterior, and motor patrols of facility/grounds and housing complexes to provide a visible deterrence to crime and prohibited activities.

Monitors buildings and grounds, entrance doors, locks, and windows to determine that they are secure and not tampered with and ensure the campus is secure.

Monitors patients and visitors closely, intervening as appropriate.

Diplomatically Enforces hospital security rules and regulations.

When called to assist with disturbed and belligerent patients and/or visitors, assesses situations and restraints are applied as needed per Facility Restraint Policy.

Escorts personnel to and from parking lot as requested or in emergent conditions.

Patrol buildings (Hospital, Property & Supply, Maintenance, Dental Complex, CHR Building, Student Housing bldg. 8 & 9, Native Healing, CHR and Head start) and grounds to protect property, patients, visitors, and employees from danger of accidents, fire, theft or intrusion.

Assure that all unoccupied offices are locked during non-duty hours.

Respond when summoned via overhead page, cellular phone, or radio to assist staff with belligerent or dangerous staff, patients or visitors.

Must be CPR certified.

Provide crowd control Respond to the announcements of disaster, fire, bomb, tornado or condition Orange, as outlined by Hospital Policy.

Assist staff with patient transfers by use of wheelchair or stretcher.

Remove unauthorized persons from Compound, with the notification of the Local Law Enforcement.

Control access by monitoring entrances to identified sensitive areas in the hospital and outlying buildings according to hospital standards.

Escort and monitor patients who have previously been identified as abusive, while on the Compound, maintaining patient privacy, confidentiality and right to treatment.

Participate with facilities department in fire drills, extinguisher checks, disaster drills, and traffic control.

Respond to trouble alarms when Facilities personnel are not present.

Monitor and/or guard patients and or visitors identified as being in legal custody or identified as an escape threat, until the appropriate law enforcement authorities arrive on site.

Secure weapons or firearms from patients, visitors, or staff according to hospital policy.

Maintain prompt, courteous, culturally sensitive services to hospital staff, visitors, patients and community.

Monitor “Sweat Activities” in concurrence with present sweat lodge policy.

Completes written log of daily activities and prepares written reports of all unusual situations and conditions encountered during his/her tour of duty.

Reports fires, accidents, hazards, and any unusual conditions or malfunctioning of heating, plumbing, and electrical systems immediately to the Nursing Supervisor.

Investigates incidents of unusual circumstances reported by Rapid City Service Unit personnel, visitors, physicians or patients and reports all incidents, verbally or through general incident form by the end of each shift.

Supports and adheres to administrative and security service policies and procedures.

Government Furnished Equipment, Facilities and Property:

The Government will furnish keys, cell phone and computer access. Contractors are prohibited from utilizing a Government vehicle.

Contractor furnished equipment, facilities and property:

The Contractor shall provide all necessary equipment, insurance, workman’s comp, fuel, taxes, and wages. The vendor will provide all personnel required to cover all shifts as required.

Work schedule/pay schedule:

Work schedule will provided to the contractor two weeks in advance. The contractor will provide the Security Supervisor with a monthly billing of all hours worked. The contractor shall submit copies of the monthly invoice. 1 copy shall be mailed to the Service Unit, ATTN: Acquisitions and Property and 1 copy shall be mailed to the address stated on the Purchase Order.

Quality Assurance:

The Security Supervisor is responsible for quality assurance by direct observation, submission of reports provided by IHS staff, and complaints by patients and hospital staff.

Professional Qualifications Criteria:

The contractor shall have the applicable licenses and bonding from the state of South Dakota to perform the required work.

Compliance With IHS Rules And Regulations:

The vendor must comply with the following IHS rules and regulations while in the performance of work;

A. Federal Acquisition Regulation B. HHS Acquisition Regulation C. Implementation of the Requirements of the FY2012 HHS Appropriations Acts And HHS Non- Discrimination Policy D. Prohibition against Contracting with Corporations with a Felony Criminal Conviction Under Federal or State Law or an Unpaid Federal Tax Liability E. Courtesy and Respect in the Workplace Oct. 6, 2014 F. Special General Memorandum 95-4 Workplace violence.

G. All Rapid City Sioux San hospital wide policies and Security Department policies

Project Officer:

Gerald Birk; Security Supervisor

Immunization

The contractor will provide the required information and comply with Service Unit Employee Health Requirements as follows: Previous immunization history is reviewed by the Employee Health Nurse. RCSU requires all potential caregivers to provide proof of the following immunization records. If the caregiver cannot provide proof appropriate laboratory testing will be ordered.

Hepatitis B (Vaccination-declination required) All RCSU contract providers who perform tasks that may involve exposure to blood or body fluids should receive a 3-dose series of hepatitis B vaccine according to manufacturer recommendations. Test for hepatitis B surface antibody (HBSAB) to document immunity 1-2 months after dose #3. If HBSAB is positive, the caregiver is immune. No further testing or vaccination is recommended.

For new hires providing proof of previous vaccination: HBSAB testing will be performed. If HBSAB results are >10mIU/mL the caregiver is immune and no additional vaccination is required. If the HBSAB is < 10mIU/mL the care giver should be revaccinated with 3-dose series on an appropriate schedule and serologic testing repeated in 1-2 months. If HBSAB is negative following 6 doses of vaccine, the caregiver is a non-responder.

For non-responder blood exposure: Consult the RCSU Infection Control Plan.

Measles, Mumps, Rubella (MMR) All RSSU employees must be immune to Measles (Rubeola), Mumps and Rubella. For HCP without serologic evidence of immunity to each component of the vaccine or proof of 2 vaccinations, recommend additional doses needed per CDC guidelines.

Varicella All RCSU contract providers must be immune to varicella. Evidence of immunity for the Caregiver includes documentation of 2 doses of varicella vaccine give per manufacturer recommendation, history of varicella or herpes zoster, laboratory evidence of immunity or laboratory confirmation of disease. Proof of varicella history will be obtained through laboratory testing if no serologic testing is provided at the time of screening.

All RCSU Caregivers between 19-64 years of age (or per manufacturer recommendation) must receive a 1-time dose of T-dap, with priority given to those having contact with infants younger than age 12 months.

Influenza (Required Vaccination unless approved declination for medical or religious reasons)

Tuberculosis All potential RCSU contract providers must have a two-step (boosted) TBST or are sent to the Laboratory for QuantiFERON TB-Gold blood assay testing if they cannot show proof of a tuberculin skin test in the last twelve months.

If a potential RCSU contract provider is a known TBST reactor, he/she will be required to complete a chest x-ray. The x-ray may be waived if the potential caregiver can provide documented proof of a chest x-ray, which was done in the last twelve months and the potential caregiver denies signs and symptoms of Tuberculosis.

SECTION D – PACKAGING AND MARKING

PACKAGING

THIS SECTION IS INTENTIONALLY LEFT BLANK

MARKING

THIS SECTION IS INTENTIONALLY LEFT BLANK

SECTION E – INSPECTION AND ACCEPTANCE

INSPECTION AND ACCEPTANCE

All work under this contract is subject to inspection and final acceptance by the Contracting Officer or the duly authorized representative of the Government.

The Government’s Contracting Officer’s Representative (COR) is a duly authorized representative of the Government and is responsible for inspection and acceptance of all items to be delivered under this contract.

ACCEPTANCE CRITERIA

Unless otherwise specified by the COR, the general quality measures, as set forth below, will be applied to each work product received from the Contractor under this task order.

Accuracy: Work Products shall be accurate in presentation, technical content, and adherence to accepted elements of style.

Clarity: Work Products shall be clear and concise. Any/All diagrams shall be easy to understand and be relevant to the supporting narrative.

Consistency to Requirements: All work products must satisfy the requirements of this statement of work.

Timeliness: Work products shall be submitted by the due date specified in this statement of work or submitted in accordance with a later scheduled date determined by the Government.

File Editing: All text and diagrammatic files shall be editable by the Government.

Format: Work Products shall be submitted in hard copy (where applicable) and in media mutually agreed upon prior to submission. Unless otherwise specified by the COR, hard copy formats shall follow any specified Directives or Manuals.

APPROVALS BY THE COR

All services delivered to the COR will be deemed to have been accepted 30 calendar days after date of delivery, except as otherwise specified in this contract, if written approval or disapproval has not been given within such period. The COR’s approval or revision to the services delivered shall be within the general scope of work stated in this contract.

SECTION F – DELIVERIES OR PERFORMANCE

PLACE OF PERFORMANCE

Rapid City Indian Health Service 3200 Canyon Lake Drive Rapid City, SD 57702

PERIOD OF PERFORMANCE

The period of performance is a based period of 12 months with four (4) 12 months option periods, unless the period is extended by modification. The Government may exercise options to extend the period of performance in accordance with 52.217-9 – Option to Extend the Term of the Contract; upon written notification by the Contracting Officer within 30 days of contract expiration or within 30 days of funds becoming availability for that fiscal year. (contingent upon the availability of funds).

Base Period:

June 16, 2016 through June 15, 2017

365 days with a total of 5824 hours

F.3.

WORK HOURS

Work hour and deliverables may vary per location. On-site supervisor shall provide more guidance on core hours and deliverables.

OBSERVANCE OF FEDERAL HOLIDAYS

1.

New Year’s Day January 1st 2.

Martin Luther King’s Birthday Third Monday in Jan.

3.

President’s Day Third Monday in Feb.

4.

Memorial Day Last Monday in May 5.

Independence Day July 4th 6.

Labor Day First Monday in Sept.

7.

Columbus Day Second Monday in Oct.

8.

Veteran’s Day November 11 9.

Thanksgiving Day Fourth Thursday Nov.

10.

Christmas Day December 25

If the date falls on a Saturday, the Government holiday is the preceding Friday. If the date falls on a Sunday, the Government holiday is the following Monday.

In addition to the days designated as holidays, the Government observes the following days:

It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement of compensation except as set forth within the contract.

SECTION G – CONTRACT ADMINISTRATION DATA

AUTHORITIES OF GOVERNMENT PERSONNEL

Notwithstanding the Contractor’s responsibility for total management during the performance of this contract, the administration of the contract will require coordination between the Government and the Contractor. The following individuals will be the Government’s points of contact during performance of the contract.

Contracting Officer All contract administration shall be done by:

Kristina J Baker Great Plains Area Indian Health Service 115 4th Ave, Rm 309 Aberdeen, SD Phone: 605-226-7241 Email: @ihs.gov" kristina.baker@ihs.gov Contracting Officer's Representative (COR) TBD Performance of work under this contract must be subject to the technical direction of the Contracting Officer’s Representative identified above, or a representative designated in writing. The term “technical direction” includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

Technical direction must be within the scope of the specification(s)/work statement.

The Contracting Officer’s Representative does not have authority to issue technical direction that:

Technical direction may be oral or in writing. The Contracting Officer’s Representative shall confirm oral direction in writing within five work days, with a copy to the Contracting Officer.

The contractor shall proceed promptly with performance resulting from the technical direction issued by the Contracting Officer’s Representative. If, in the opinion of the contractor, any direction of the Contracting Officer’s Representative, or his/her designee, falls within the limitations in (b), above, the contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.

Failure of the contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled “Disputes.”

INVOICE SUBMISSION

The Contractor shall submit invoices once per month. A complete invoice with all required back-up documentation shall be sent electronically, via email, to:

The subject line of your email invoice submission shall contain the contract number, contract line item number, the order number, if applicable, and the number of invoices. The Contractor shall send one email per contract per month. Invoices shall be submitted in accordance with the contract terms, i.e. payment schedule, progress payments, partial payments, deliverables, etc.

All calls concerning contract payment shall be directed to the COR.

In accordance with FAR 52.212-4, Contract Terms and Conditions—Commercial Items, a proper invoice must include the following items:

FAR 52.212-4(g) Invoice.

The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include- Name and address of the Contractor;

Invoice date and number;

Contract number, contract line item number and, if applicable, the order number;

Description, quantity, unit of measure, unit price and extended price of the items delivered;

Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

Terms of any discount for prompt payment offered;

Name and address of official to whom payment is to be sent;

Name, title, and phone number of person to notify in event of defective invoice; and Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

Electronic funds transfer (EFT) banking information.

The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), or applicable agency procedures.

EFT banking information is not required if the Government waived the requirement to pay by EFT.

Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

Additionally, the FMS requires the contractor to include its Dunn and Bradstreet Number (DUNS) on each invoice.

In accordance with OMB Memorandum, M-11-32, Agencies shall make payments to small businesses as soon as practicable, with the goal of making payments within 15 days of receipt of a proper invoice. If a small business contractor is not paid within this (15 day) accelerated period, the contractor will not be given a late-payment interest penalty. Interest penalties, as prescribed by the Prompt Payment Act, remain unchanged by means of this memorandum. All small businesses shall label all invoices as “Small Business.”

Additionally, in accordance with OMB Memorandum, M-12-16, all prime contractors are encouraged to disburse funds received from the Federal Government to their small business subcontractors in a prompt manner. To assist prime contractors in expediting contractor payments to small business subcontractors, Agencies shall, to the full extent permitted by law, temporarily establish an earlier, accelerated date for making agency payments to all prime contractors. Consistent with OMB Memorandum M-11-32 above, Agencies shall have a goal of paying all prime contractors within 15 days of receiving proper documentation. In an effort to support small business growth, drive economic activity and job creation, the Contractor is encouraged to accelerate payments to their small business subcontractors.

In accordance with the requirements of the Debt Collection Improvement Act of 1996, all payments under this order will be made by electronic funds transfer (EFT). The Contractor shall provide financial institution information to the Finance Office designated above in accordance with FAR 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration.

KEY PERSONNEL (HHSAR 352.242-70, JANUARY 2006)

The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to diverting any of the specified individuals to other programs or contracts (or as soon as possible, if an individual must be replaced, for example, as a result of leaving the employ of the Contractor), the Contractor shall notify the Contracting Officer and shall submit comprehensive justification for the diversion or replacement request (including proposed substitutions for key personnel) to permit evaluation by the Government of the impact on performance under this contract. The Contractor shall not divert or otherwise replace any key personnel without the written consent of the Contracting Officer. The Government may modify the contract to add or delete key personnel at the request of the contractor or Government.

The labor categories in Section B are to be considered key personnel: To be included upon contract award

SECTION H – SPECIAL CONTRACT REQUIREMENTS

ORGANIZATIONAL CONFLICT OF INTEREST AND CONFIDENTIALITY

In order to avoid any organizational conflict of interest, the contractor – including its parent company, subsidiaries, and subcontractors, if any – shall not be biases because of its financial, contractual, organizational, or other interests which relate to the work under this requirement, and does not obtain any unfair competitive advantage over other parties by virtue of its performance of this requirement. Any conflict of interest must have prior Governmental approval. Furthermore, to preserve the contractor’s independence and effectiveness, the contractor shall maintain strict confidentiality of information that is provided by the Government during the performance of the contract. Information provided to and received from the contractor is considered the Government’s property. Data is classified as confidential. All contractor personnel will be required to wear a PSC contractor issued badge while in a Government facility. The contractor shall conduct its business in a manner befitting the special relationship with the Government, operating in the public interest with objectivity and independence. Prior to working on this contract, contractor employees shall be required to sign a “Certificate of Confidentiality and Non-Disclosure Agreement” to ensure protected health information is not shared or mistreated. The Government will determine whether a conflict of interest exists during its evaluation. Any proposal determined to violate this conflict of interest restriction will be deemed non-responsive and will be disqualified from further evaluation.

NEW PROCEDURES/SERVICES

The Contractor and/or Contractor providers shall not introduce new procedures or services without prior recommendations to, and written approval by, the COR.

ENGLISH SPEAKING REQUIREMENTS

The Contractor shall ensure that all Contractor providers performing services under this contract are able to read, write and speak English well enough to effectively communicate with all patients and other providers/ professionals. All providers are to communicate/converse in English in the presence of clients.

LITIGATION/INVESTIGATION OF A CLAIM

In the event of litigation/investigation of a claim of liability or malpractice, the Contractor must cooperate fully with Government authorities and designated officials in the investigation of the claim and/or in preparation of litigation.

CONTRACTOR PERFORMANCE EVALUATION REPORT

During the life of this contract, Contractor performance will be evaluated on an interim and final basis pursuant to FAR Subpart 42.15. This evaluation shall become a part of the contract file and shall be used as past performance information in evaluating the Contractor’s, and any significant subcontractors’ or affiliates, past performance on future contracts. Contractor Performance Assessment Report System (CPARS) is an on-line reporting system http://www.cpars.csd.disa.mil/cparsmain.htm. The Contractor Performance Report is completed by the Project Officer electronically and sent to the Contractor for review and approval at the end of each performance period as an interim report and at the end of the contract performance as a final report. After review by the Contracting Officer, the report becomes a permanent record of the Contractor’s past performance.

RIGHTS IN DATA

Notwithstanding any other clause concerning data, data rights and computer software and hardware under this contract, all data produced, recorded, transferred or manipulated under this contract shall remain the exclusive property of the Government irrespective of the manner or method of recording or storage and no matter what form of computer mechanism is used in the processing of said information or data. The Government shall retain exclusive right and domain over any by-product produced under this contract, or any other use of the data produced under this contract by either plan or accident.

"Data," as used herein, means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management.

The term "Technical Data", as used herein, means recorded information, regardless of form or characteristic, of a scientific or technical nature. It may, for example, document research, experimental, developmental or engineering work, or be usable or used to define a design or process or to procure, produce, support, maintain, or operate material. The data may be graphic or pictorial delineations in media such as drawings or photographs, text in specifications or related performance or design type documents or computer printouts. Examples of technical data include research and engineering data, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information, and computer software documentation. Technical data does not include computer software or financial, administrative, cost and pricing, and management data or other information incidental to contract administration.

The term "Computer Software", as used herein means Computer Programs and Computer Data Bases. "Computer Programs", as used herein means a series of instructions or statements in a form acceptable to a computer, designed to cause the computer to execute an operation or operations. Computer Programs include operating systems, assemblers, compilers, interpreters, data management systems, utility programs, sort merge programs, and ADP maintenance diagnostic programs, as well as applications programs such as payroll, inventory control and engineering analysis programs. Computer Programs may be either machine-dependent or machine independent, and may be general-purpose in nature or designed to satisfy the requirements of a particular user.

The term "Computer Data Bases", as used herein, means a collection of data in a form capable of being processed and operated on/by a computer.

All data first produced in the performance of this Order shall be the sole property of the Government. The Contractor hereby acknowledges that all data, including, without limitation, computer program codes, produced by the Contractor for the Government under this Order, are works made for hire and are the sole property of the Government; but, to the extent any such data may not, by operation of law, be works made for hire, the Contractor hereby transfers and assigns to the Government the ownership of copyright in such works, whether published or unpublished. The Contractor agrees to give the Government all assistance reasonably necessary to perfect such rights including, but not limited to, the works and supporting documentation and the execution of any instrument.

PHYSICAL SECURITY/KEY CONTROL

The Contractor may be issued keys for the SPSs. The Contractor must safeguard the keys from loss, theft or destruction, and must produce all keys signed for, upon request by the COR. The Contractor must reimburse the Government for lost keys or locksets if locksets must be replaced as a result of lost/destroyed/stolen keys. All keys issued to the Contractor must be accounted for upon completion of the contract. In such an event, the Contractor will receive an itemized deduction from the invoice to compensate for the cost of lost/stolen/destroyed keys.

SECTION I – CONTRACT CLAUSES

FEDERAL ACQUISITION REGULATIONS (FAR) 48 CFR CHAPTER CLAUSES

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FAR 52.252-1, FEBRUARY 1998) & CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2, FEBRUARY 1998) This contract incorporates some FAR provisions/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://www.arnet.gov/far/index.html. The applicable provisions/clauses are as follows:

PROVISIONS:

FAR Citation Clause Title Clause Date

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS Sep-07 52.204-3

TAXPAYER IDENTIFICATION

Oct-98 52.204-6

DATA UNIVERSAL NUMBERING SYSTEM NUMBER

Jul-13 52.204-7

SYSTEM FOR AWARD MANAGEMENT

Jul-13 52.204-8

ANNUAL REPRESENTATIONS AND CERTIFICATIONS

Dec-14 52.204-17

OWNERSHIP OR CONTROL OF OFFEROR

Nov-14 52.214-34

SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE

Apr-91 52.214-35

SUBMISSION OF OFFERS IN U.S. CURRENCY

Apr-91 52.216-27

SINGLE OR MULTIPLE AWARDS

Oct-95 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN—REPRESENTATION AND CERTIFICATIONS Dec-12 52.237-1

SITE VISIT

Apr-84 52.237-2

PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION

Jan-00

CLAUSES:

CLAUSES INCORPORATED BY REFERENCE

SERVICES

Federal Acquisition Regulations (FAR) (48 CFR Chapter 1) Clauses

And Reinvestment Act of 2009

Content Paper

Subcontract Awards

Commercial Items

28. 52.212-5 Contract Terms and Conditions March 2016 Required to implement statutes Or Executive Orders-Commercial Items Corporations

(Multiple Year and Option Contracts)

Data (Alternate I)

Representation and Certifications

II. FAR Clauses Incorporated by Full Text FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019) (Jan 2014)

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

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

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

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

(b)

Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Non-displacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

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

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

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

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

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

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

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

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

(xiv) 52.247-64, Preference for Privately-Owned U.S.- Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

Alternate I (2013-O0019) (Jan 2014). As prescribed in 12.301(b)(4), delete paragraph (a) from the basic clause, redesignate paragraph (b)(1) as paragraph (a), and redesignate paragraphs (b)(1)(i) through (b)(1)(xiv) as paragraphs (a)(1) through (a)(14) and redesignate paragraph (b)(2) as paragraph (b).

Alternate II (2013-O0019) (Jan 2014). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (a)(1) and (b)(1) for paragraphs (a)(1) and (b)(1) of the basic clause as follows:

(a)

(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—

(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

(b)

(1) Notwithstanding the requirement of any other clause in this contract, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than—

(i) Paragraph (a) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (a)(1)(ii) does not flow down; and

(ii) Those clauses listed in this paragraph (b)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(A) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter1 (41 U.S.C. 251 note)).

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).

(C) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.

(D) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

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

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

(G) 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.

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

(I) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

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

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

(L) 52.222-54, Employment Eligibility Verification (Jan 2009).

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

(N) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

52.237-7 -- Indemnification and Medical Liability Insurance.

As prescribed in 37.403, insert the following clause:

Indemnification and Medical Liability Insurance (Jan 1997)

(a) It is expressly agreed and understood that this is a nonpersonal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor are rendered in its capacity as an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over professional aspects of the services rendered, including by example, the Contractor’s professional medical judgment, diagnosis, or specific medical treatments. The Contractor shall be solely liable for and expressly agrees to indemnify the Government with respect to any liability producing acts or omissions by it or by its employees or agents. The Contractor shall maintain during the term of this contract liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence: *_________________.

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

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

(d) Evidence of insurance documenting the required coverage for each health care provider who will perform under this contract shall be provided to the Contracting Officer prior to the commencement of services under this contract.