RFP-HUG-OMT-21-0022.pdf

RFP-HUG-OMT-21-0022

The Bureau of the Fiscal Service, on behalf of the Department of Housing and Urban Development Office of Inspector General is requesting a proposal for Medical & Drug Testing Services. It is anticipated that a Fixed Price (FP) award will be issued on a best value basis. The resulting award will be subject to the supplement Terms, Conditions, and Clauses attached below.

TABLE OF CONTEXT

SUPPLEMENTAL CLAUSES ……………………....………...…..……………………………. Pages 2 - 10

PEFORMANCE WORK STATEMENT…………………………………………………………. Pages 11 - 31

NOTICES, SOLICITATION PROVISIONS, PROHIBITIONS ………………………..………. Pages 32 - 35

PROPOSAL INSTRUCTIONS..………..………………………………………………………... Pages 34 - 36

BASIS FOR AWARD/EVALUATION CRITERIA..………………………………………….… Pages 37 - 50

See Attachments for more details

Attachment 1 – Non-Disclosure Agreement (NDA) Attachment 2 – Pricing Spreadsheet Attachment 3 – Manual Chapter 3023 (Physical Efficiency Battery is found on pg. 42 or Appendix 23B) Attachment 4 – Locations Spreadsheet Attachment 5 – Quality Assurance Surveillance Plan

IMPORTANT DUE DATES

QUESTIONS DUE:

On or before 4:00PM EST, Thursday, May 20, 2021

PROPOSALS DUE:

On or before 10:00AM EST, Thursday, June 3, 2021

Responses should be sent to purchasing@fiscal.treasury.gov, with the subject line of “RFP-HUG-OMT-21- 0022, Attn: SD/TRA”. Please direct all communication with the Bureau of Fiscal Service.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any _____ [insert regulation name] (48 CFR _____) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (OCT 2018)

1052.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (OCT 2018) (DEVIATION 2017- 00001)

(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; 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.

1052.201-70 CONTRACTING OFFICER’S REPRESENTATIVE (COR) APPOINTMENT AND AUTHORITY

(APR 2015)

(a) The COR(s) are named on the award form. Should a change to the COR(s) be necessary in the future, they will be named on the modification SF-30.

(b) Performance of work under this contract is subject to the technical direction of the COR 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, and/or fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

(c) Technical direction must be within the scope of the contract specification(s)/work statement. The COR does not have authority to issue technical direction that:

(1) Constitutes a change of assignment or additional work outside the contract specification(s)/work statement;

(2) Constitutes a change as defined in the clause entitled “Changes”;

(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or

(6) Directs, supervises or otherwise controls the actions of the contractor's employees.

(d) Technical direction may be oral or in writing. The COR must confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.

(e) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the

COR. If, in the opinion of the contractor, any direction of the COR or the designated representative falls within the limitations of (c) above, the contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.

(f) 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.”

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

1052.210-70 CONTRACTOR PUBLICITY (APR 2015)

The Contractor, or any entity or representative acting on behalf of the Contractor, shall not refer to the supplies or services furnished pursuant to the provisions of this contract in any news release or commercial advertising, or in connection with any news release or commercial advertising, without first obtaining explicit written consent to do so from the Contracting Officer. Should any reference to such supplies or services appear in any news release or commercial advertising issued by or on behalf of the Contractor without the required consent, the Government shall consider institution of all remedies available under applicable law, including 31 U.S.C. 333, and this contract. Further, any violation of this clause may be considered during the evaluation of past performance.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

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

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

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

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

60 months.

52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)

52.224-2 PRIVACY ACT (APR 1984)

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

LAPSE FUNDING

In the event of a lapse funding resulting in a government shutdown, the status of Fiscal Year funding and any necessary action required of the Contractor will be made available at the following website:

https://www.fiscal.treasury.gov/doing-business-with-fiscal-service/ . It is the Contractor's responsibility to monitor this website for information regarding Fiscal Year funding.

1052.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. (April 2018) (DEVIATION 00002)

(a) Definition. As used in this clause-

"Commercial supplier agreements" means terms and conditions customarily offered to the public by vendors of supplies or services that meet the definition of commercial item set forth in FAR 2.101 and intended to create a binding legal obligation on the end user. Commercial supplier agreements (CSA) are particularly common in information technology acquisitions, including acquisitions of commercial computer software and commercial technical data, but they may apply to any supply or service. The term applies-

(1) Regardless of the format or style of the document. For example, a CSA may be styled as standard terms of sale or lease, Terms of Service (TOS), End User License Agreement (EULA), or another similar legal instrument or agreement, and may be presented as part of an offer or quotation responding to a solicitation;

(2) Regardless of the media or delivery mechanism used. For example, a CSA may be presented as one or more paper documents or may appear on a computer or other electronic device screen during a purchase, software installation, other product delivery, registration for a service, or another transaction.

(b) Except as stated in paragraph (c) of this clause, when any supply or service acquired under this contract is subject to any CSA, that includes any language, provision, or clause requiring the Government to pay any future fees, penalties, interest, legal costs or to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(1) Any such language, provision, or clause is unenforceable against the Government.

(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the CSA. If the CSA is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(3) Any such language, provision, or clause is deemed to be stricken from the CSA.

(c) Paragraph (b) of this clause does not apply to indemnification or any other payment by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

1052.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (APR 2015)

(a) Definitions. As used in this clause—

(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), "Content of Invoices" and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with Treasury procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting

Officer’s written authorization with each payment request.

PAYMENT AND INVOICE QUESTIONS (IPP)

For payment and invoice questions, go to https://arc.fiscal.treasury.gov/ipp/fsippqrg.htm or contact Accounts Payable at (304) 480-8000 option 7 or via email at AccountsPayable@fiscal.treasury.gov.

OVERPAYMENTS

In accordance with 52.212-4 section (i) 5 Overpayments: Accounts Receivable Conversion of Check Payments to electronic funds transfer (EFT): If the Contractor sends the Government a check to remedy duplicate contract financing or an overpayment by the government, it will be converted into an EFT. This means the Government will copy the check and use the account information on it to electronically debit the Contractor's account for the amount of the check. The debit from the Contractor's account will usually occur within 24 hours and will be shown on the regular account statement.

The Contractor will not receive the original check back. The Government shall destroy the Contractor's original check, but will keep a copy of it. If the EFT cannot be processed for technical reasons, the Contractor authorizes the Government to process the copy in place of the original check.

MARKING OF SHIPMENTS

The Contractor shall ensure the contract number is clearly visible on all shipping/service documents, containers, and invoices.

PERFORMANCE EVALUATION

This award is subject to a performance evaluation via the Contractor Performance Assessment Reporting System (CPARS) at www.cpars.gov. Following the end of each 12 month performance period and at completion, a completed Government evaluation shall be forwarded to the Contractor. The Contractor may submit written comments, if any, within the time period specified in the evaluation transmittal. The Contractor’s comments shall be considered in the issuance of the final evaluation document. Any disagreement between the parties regarding the evaluation shall be forwarded to the Contracting Officer. The final evaluation of the Contractor’s performance is the decision of the Contracting Office. The final performance evaluation will be available to the Contractor through the Government’s past performance database at https://www.cpars.gov/.

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

EXECUTIVE ORDERS -- COMMERCIAL ITEMS (JAN 2021) (DEVIATION APR 2020) [(DEVIATION

00001 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 items:

(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 (Jul 2018) (Section 1634 of Pub. L. 115–91)

(3) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (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. 3805 note)).

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

☒ (1) 52.203-6 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN

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 (JUN 2020) (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. (JUN 2020) (31 U.S.C. 6101 note).

☒ (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 (i) 52.219-3, Notice of HUBZone Set-Aside or Sole Source Award (MAR 2020) (15 U.S.C. 657a).

☐ (ii) Alternate I (MAR 2020) of 52.219-3

☐ (12)(i) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

☐ (ii) Alternate I (Mar 2020) of 52.219-4.

☐ (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 (JUN 2020) (15 U.S.C. 637(d)(4))

(DEVIATION 2018-00002).

☐ (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 (JUN 2020) (DEVIATION 2018-00002) 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 (Mar 2020) (15 U.S.C. 637(a)(14)).

☐ (20) 52.219-16 Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

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

☐ (21) 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657 f).

☒ (22)(i) 52.219-28 Post Award Small Business Program Representation (NOV 2020) (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 (EDWOSB) Concerns (Mar 2020) (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 (Mar 2020) (15 U.S.C. 637(m)).

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

☐ (26) 52.219-33 Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637 (a)(17)).

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

☐ (28) 52.222-19 Child Labor—Cooperation with Authorities and Remedies [(Deviation

00001) JUL 2020)] (JAN 2020) (E.O. 13126).

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

☒ (30)(i) 52.222-26 Equal Opportunity (Sept 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 (JULY 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 (JULY 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 (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

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

☒ (36) 52.222-54 Employment Eligibility Verification (OCT 2015). (Executive Order 12989).

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

☐ (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.)

☐ (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 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 Aerosoles (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. 552a).

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

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

☐ (49)(i) 52.225-3 Buy American—Free Trade Agreements—Israeli Trade Act [(Deviation 00001)(JUL 2020)] (JAN 2021) (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- 43212-3.

☐ (ii) Alternate II Alternate II [(Deviation 00001)(JUL 2020)] (JAN 2021) of 52.225-3.

☐ (iii) Alternate III Alternate III (JAN 2021) of 52.225-3.

☐ (50) 52.225-5 Trade Agreements [(Deviation 00001)(JUL 2020)] (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☒ (51) 52.225-13 Restrictions on Certain Foreign Purchases (June 2008) (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 (Jun 2020)

☐ (56) 52.232-29 Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

☐ (57) 52.232-30 Installment Payments for Commercial Items (Jan 2017) (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) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)(DEVIATION APR 2020)(31 U.S.C. 3903 and 10 U.S.C.

2307).

☐ (62) 52.239-1 Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

☐ (63) 52.242-5 Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.

637(d)(13)).

☐ (64)(i) 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

☐ (iii) Alternate II (FEB 2006) of 52.247-64.

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

☐ (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).

☐ (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 Under Executive Order 13658 (NOV 2020).

☐ (8) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

☐ (9) 52.226-6 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, and does not contain the clause at 52.215-2, Audit and Records— Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller

General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

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

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (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 (Jul 2018) (Section 1634 of Pub. L. 115–91).

(iii) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (Sept 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 (OCT 2020) (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 (OCT 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

(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 (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

OFFICE OF INSPECTOR GENERAL (OIG)

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)

CRIMINAL INVESTIGATION MEDICAL SERVICES AND DRUG TESTING

PERFORMANCE WORK STATEMENT (PWS)

1.0 – GENERAL

1.1 – BACKGROUND

The Office of the Inspector General (OIG) at the U.S. Department of Housing and Urban Development (HUD) is an independent government entity established by the Inspector General Act of 1978, to safeguard government funds provided to HUD to assist and support affordable housing and community development from fraud, waste and abuse. Our agency staff are located in Washington, DC and in Field Offices around the Country and its Territories.

In support of the OIG Mission, HUD OIG employs special agents who are duly sworn federal law enforcement officers who possess accounting expertise and specialized skills to investigate complex financial crimes. Agents must be able to handle long hours and stressful, dangerous, and potentially violent situations. Special agents investigate and assist in prosecuting individuals for tax and other financial crimes, such as money laundering, currency violations, narcotics trafficking, organized crime, and fraud.

Since the duties of these positions are exacting and involve the responsibility for the safety of others under potentially dangerous and stressful conditions, all applicants and incumbents must possess physical, emotional, and mental stability. Therefore, all applicants and incumbents must meet the medical standards outlined in the HUD OIG Office of Investigations Manual Chapter 3023 (Attachment 3), as well as be subject to drug testing in accordance with ‘Mandatory Guidelines for Federal Workplace Drug Testing Programs’ (59 FR 29908).

1.2 – SCOPE

The HUD OIG Office of Investigations (OI) has a requirement for a medical contractor to provide medical services and drug testing for applicants and incumbent special agents (incumbents) across the United States, Guam, the Virgin Islands, and Puerto Rico. The Contractor shall be required to evaluate applicants and student trainees to determine if they meet the HUD OIG medical qualification standards.

The Contractor shall also conduct mandatory annual medical screenings of incumbents to determine if they continue to meet the HUD OIG medical qualification standards, can safely carry out law enforcement duties, and participate in the Physical Efficiency Battery (PEB) (Appendix 23B of Attachment 3).

The Contractor shall provide a Medical Review Officer (MRO) who is a medical doctor with experience in exercising perceptive judgment in applying agency medical standards. The MRO shall also have experience in interpreting and evaluating exam results and other medical information in order to make medical clearance determinations for law enforcement personnel. This experience shall include making medical clearance determinations for reported medical or psychological conditions, medications, or injuries, or when an incumbent returns to duty after recovering from a medical or psychological condition or injury. The MRO may make recommendations regarding fitness for duty examinations and/or Independent Medical Evaluations (IME) to determine if a condition or injury precludes safe performance of law enforcement duties. The Contractor shall ensure incumbents and applicants receive the appropriate tests necessary to make medical determinations and report medical clearance results as required.

The Contractor shall provide the necessary facilities, staff, materials and equipment to administer an all-inclusive medical screening program, assist HUD OIG OI with the development of new policies and programs, and continue current policies and programs. The Contractor may sub-contract medical specialists as needed. The Contractor shall work with HUD OIG OI personnel to update forms and reports as needed to reflect changes in HUD OIG OI medical policies.

1.3 – CONTRACTOR PERSONNEL

The Contractor and all key personnel shall demonstrate in-depth knowledge and expertise in occupational medicine related to the safe performance of law enforcement duties. The Contractor shall ensure medical qualification standard consistency and program compliance through internal standard operating procedures.

The Contractor shall use the key personnel set forth in its proposal for performance of the effort set forth under task orders against this contract. If one (1) or more of the personnel are not available, or become unavailable, the Contractor shall furnish substitute personnel of equal skills, which substitutions shall be subject to approval of the Contracting Officer (CO).

All requests for substitutions must include a detailed explanation of the circumstances necessitating the proposed substitutions, a complete resume for the proposed substitute, and any other information requested by the Contracting Officer needed to approve or disapprove the proposed substitution. All proposed substitutions must have qualifications that are equal to or higher than the qualifications of the person(s) to be replaced. The Contracting Officer Representative (COR) will evaluate such requests and promptly notify the Contractor of approval or disapproval within five (5) workdays of receipt of the substitution request.

1.3.1 – PROGRAM MANAGER

The Contractor shall provide a Program Manager (PM) that shall have the authority to make cost, technical, hiring and dismissal decisions, or special arrangement as deemed necessary. The PM shall be responsible for the overall management and coordination of this contract and shall act as the central point of contact with the Government. The PM shall have full authority to act for the contractor in the performance of the required services. The Contractor PM, or a designated representative, shall meet with the COR or HUD OIG PM to discuss problem areas as they occur. The PM or designated representative shall respond within four (4) hours after notification of the existence of a problem. The PM shall be able to fluently read, write, and speak the English language. The PM is designated as

KEY.

1.3.2 – MEDICAL REVIEW OFFICER (MRO)

The Medical Review Officer (MRO) - Shall be a Board-Certified Internist, or a Physician, Board Certified in Emergency Medicine or Occupational Medicine, with knowledge of HUD OIG federal law enforcement medical requirements. In addition, the MRO shall demonstrate the ability to render a medical clearance determination regarding whether the examinee is able to safely carry out law enforcement duties, drive a government-owned vehicle, and participate in the physical fitness program. These situations include pre-employment screenings, annual medical screenings, and as otherwise medically indicated. The MRO is designated as KEY.

The MRO shall also advise the HUD OIG Investigative Medical Services Program Manager (IMS PM) or other designated HUD OIG management after reviewing applicant or incumbent medical documentation resulting from the following common situations:

Conditions that pose a safety risk while carrying out law enforcement duties and participating in the physical fitness program;

Requests for extended sick leave;

Requests for leave without pay due to a medical condition;

Workers’ Compensation cases;

Disability claims;

Use of a medical condition as a defense against administrative actions.

1.3.3 – ALL OTHER PERSONNEL

All other personnel shall have knowledge and experience in occupational medicine related to law enforcement duties and the processes for a medical clearance program.

1.3.4 – EMPLOYEE CONDUCT

Contractor employees shall comply with all applicable Government regulations, policies and procedures (e.g., fire, safety, sanitation, environmental protection, security, “off limits” areas, wearing of parts of military uniforms, and possession of weapons) when visiting or working at Government facilities. The Contractor shall ensure contractor employees present a professional appearance at all times and that their conduct shall not reflect discredit on the United States and the Housing and Urban Development Office of Inspector General.

1.3.5 – REMOVING EMPLOYEES FOR MISCONDUCT OR SECURITY REASONS

The Government may, at its sole discretion, direct the Contractor to remove any Contractor employee from HUD OIG facilities for misconduct or security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required under this agreement. The Contracting Officer will provide the Contractor with a written explanation to support any request to remove an employee.

1.3.6 – CONFIDENTIALITY

The Contractor recognizes that, in performing under this contract, the Contractor may obtain access to nonpublic information that is confidential or proprietary in nature. Except as permitted by this contract, the Contractor agrees that it, its employees, its subcontractors, and its subcontract employees shall not disclose to any third party, or otherwise use, any information it obtains or prepares in the course of performance of this agreement for any purpose other than to perform work under this contract without first receiving written permission from the CO or COR. The Contractor shall secure information received from or prepared or gathered for the Government under this contract in a secure location with access limited to only those personnel with a “need to know.” If disclosure of information is required by law or legal process, the Contractor shall contact the COR and the CO immediately to receive approval prior to release of any information.

1.4 – KICK OFF MEETING AND REPORTING

The Contractor shall be available for a brief Contract Kick Off meeting within three (3) Business Days of the date of award. This may be in person at HUD OIG HQ or telephonically by request.

The Contractor shall submit a biweekly status report to the COR. This may be in the form of an email or attached word document or similar, outlining the general progress made during the reporting period, and include such basic, bulletized information as progress made towards deliverables, specific risks, interviews conducted, such that the COR can monitor progress and ensure compliance.

1.5 – PERIOD OF PERFORMANCE

12 months from date of award, with four (4) 12-month option periods.

1.6 – PLACE OF PERFORMANCE

The primary place of work shall be the Contractor’s facilities.

1.6.1 – TRAVEL

Travel is not anticipated under this requirement.

2.0 – GOVERNMENT TERMS & DEFINITIONS

CAPD – Contracts and Acquisition Procurement Division CO – Contracting Officer COR – Contracting Officer Representative HUD – Housing and Urban Development

HUD OIG – Housing and Urban Development Office of Inspector General IG – Inspector General OA – Office of Audit OI – Office of Investigations OM – Office of Management OIT – Office of Technology PM – Program Manager

3.0 – GOVERNMENT FURNISHED RESOURCES

The Government will furnish necessary access to employees, facilities, and information systems as necessary for the Contractor to complete the required work. For access to certain information the Contractor shall be required to sign a Non-Disclosure Agreement (NDA).

HUD OIG OI will provide the Contractor with all medical policies and procedures and all existing medical data for all incumbents. The Contractor shall comply with all HIPAA and related standards in addition to HUD OIG Data and Information Security policies.

4.0 – CONTRACTOR FURNISHED PROPERTY

The Contractor shall furnish all resources necessary to complete the requirements, excluding those items specified in 3.0.

5.0 – REQUIREMENTS

The Contractor shall provide a complete Criminal Investigative Service medical and drug testing program(s) to support approximately 170 HUD OIG Staff, including sections below. To the maximum extent practicable and where permitted, electronic documentation is preferred.

All contractor personnel supporting any task under this action shall be appropriately qualified, to include:

a. The laboratory shall have a qualified individual to assume professional, organizational, educational, and administrative responsibility for the laboratory’s urine drug testing facility. At a minimum, this individual shall meet the qualifications listed in the “Mandatory Guidelines for Federal Workplace Drug Testing Programs.”

b. The laboratory shall have a qualified certifying scientist(s) with training and experience in the theory and practice of all methods and procedures used in the laboratory, including a thorough understanding of chain of custody procedures, quality control practices, and analytical procedures relevant to the results that the individual certifies. Relevant training and experience shall also include the review, interpretation, and reporting of test results; maintenance of chain of custody; and proper remedial action to be taken in response to test systems being out of control limits or detecting aberrant test or quality control results.

c. The laboratory shall have an individual(s) responsible for day-to-day operations and supervision of technical analysts meeting the qualifications listed in the "Mandatory Guidelines for Federal Workplace Drug Testing Programs."

d. Other technicians or non-technical staff employed by each laboratory shall meet the qualifications listed in the "Mandatory Guidelines for Federal Workplace Drug Testing Programs.”

5.1 – MEDICAL PROGRAM REQUIREMENTS

The Contractor shall be required to demonstrate the following evidence of experience and resources:

5.1.1 – MEDICAL RESOURCES

a) The Contractor shall have an existing, fully operational organization of full or part-time staff, contract physicians, physician’s assistants, or nurse practitioners in all screening locations.

b) The Contractor must be able to perform all phases of the medical screening in one (1) day at a facility located within 50 miles of a HUD OIG OI Office, as listed in the spreadsheet (Attachment 4)

c) Each location shall have laboratory facilities conveniently located within or near their medical facility and/or have arrangements with remote labs suitable for completion of necessary tests and panels with a comparable turnaround time to that of onsite labs excepting reasonable relay times.

d) Each location shall have access to providers in audiometric testing and ophthalmology.

e) The Contractor shall ensure all facilities provide quality care and are knowledgeable and capable of accurately performing the full scope of the HUD OIG medical screening. Facility personnel are expected to be proficient at performing the services requested in a timely and professional manner.

The facilities are expected to have a sanitary environment and be located in safe areas.

f) The Contractor should avoid using facilities that provide walk-in services only.

g) The Contractor shall have sufficient full-time medical staff to supervise and audit the providers and facilities and maintain a system for quality control. This staff shall include, at a minimum, physicians that are Board Certified in Internal medicine and/or Occupational Medicine, with the ability to exercise perceptive judgment when applying agency medical standards.

5.1.2 – CENTRAL ADMINISTRATION AND RECORDS

a) The Contractor shall use technology and processes consistent with HUD OIG standards.

b) The Contractor shall maintain and store hard copy applicant/incumbent examination/medical records and have appropriate facilities to safeguard these records for the life of the contract.

c) Within 60 calendar days of an option renewal and/or contract award, the Contractor shall return all files of separated employees to the HUD OIG to be retired. The Contractor shall also provide a listing of employee files contained in each box. The electronic alphabetical listing shall include Name, SSN, and Birthdate of each employee.

d) The Contractor shall have operating procedures that allow for secure and effective communication between the screening locations, the Contractor’s staff, and HUD OIG personnel as designated by the HUD OIG IMS PM.

e) The Contractor shall provide a secure database to track exam status and medical clearance determinations.

f) The Contractor shall provide a secure electronic process to request applicant exams.

g) Agency personnel shall have access to the Contractor’s tracking database as delineated/delegated by the IMS PM.

h) The Contractor shall not breach the confidential nature of the medical records generated under this contract.

5.1.3 – GENERAL EXAMINATIONS / SCREENING PROCESS

a) The Contractor shall send out incumbent screening packets, screening results, pre-placement medical information, and other relevant HUD OIG OI medical program information utilizing the HUD OIG mailing contractor. The Contractor will be provided with the account number.

b) The Contractor shall track examinations and appointments via a secure database through which designated HUD OIG personnel will be able to track exam status, progression, and medical clearance status.

c) All mail to incumbents or applicants containing Personally Identifiable Information (PII) (i.e., social security numbers, DOB, etc.) shall be double packaged. Double packaged is defined as information sealed within an envelope and then placed in the HUD OIG mail carrier packaging.

d) Facilities shall perform all phases of exams in one (1) workday, unless otherwise medically required.

The Contractor shall render a clearance determination within five (5) workdays of completion of the examination/screening.

5.1.4 – EXAMINATIONS / SCREENING REQUIREMENTS

EXAM PROTOCOL

APPLICANT

EXAM

36 MONTH

SCREENING EXAM

FITNESS

FOR

DUTY

EXAM

HEALTH HISTORY QUESTIONNAIRE Y Y Y

PHYSICAL EXAM Y MI Y

BLOOD PRESSURE Y Y Y

HEIGHT & WEIGHT Y Y Y

HEARING HISTORY Y Y MI

AUDIOGRAM Y Optional* MI

If elected – MRO reviews results consistent with OSHA Hearing Standard and OPM Medical standards (see 4.8) *If an incumbent has previously received a hearing waiver, the annual audiogram is mandatory.

RESTING EKG Y Every five (5) years beginning at age 40

MI

EXERCISE EKG (Stress Test) MI MI MI

SPIROMETRY Y N MI

VISION Y N MI

DISTANT – uncorrected and corrected

Y N MI

NEAR – uncorrected and corrected Y N MI DEPTH PERCEPTION – seconds of arc

Y N MI

COLOR – Ishihara Y N MI

PERIPHERAL Y N MI

LIPID PANEL Y Y MI

GLUCOSE Y Y MI

BLOOD LEAD & ZINC PROTOPORPHYRIN

(ZPP)

Y Y MI

BLOOD CHEMISTRY W/LIPIDS Y MI MI

THYROID PANEL MI MI MI

COMPLETE BLOOD COUNT WITH

DIFFERENTIAL (CBC W/D)

Y MI MI

ROUTINE URINALYSIS Y N MI

PURIFIED PROTEIN DERIVATIVE (PPD)

(Tuberculosis Skin Test)

Y N MI

HEPATITIS B ANTIBODY Y N MI

MEDICAL REVIEW OFFICER (MRO)

REVIEW AND FINDINGS

Y Y Y

LEGEND: Y = YES, N = NO, MI = MEDICALLY INDICATED

5.1.5 – PRE-PLACEMENT MEDICAL CLEARANCE EXAM PROCESS

a) HUD OIG OI will provide the HUD OIG operating procedures contained at that provides the details of this process.

b) HUD OIG OI will provide the Contractor with a list of applicants that need pre-placement examinations. The list may include applicants who need to update their health history questionnaire (HHQ) if thirty-six (36) months has elapsed since the initial clearance or repeat their medical examination if thirty-six (36) months has elapsed since the initial clearance. The HUD OIG OI will notify any applicant who needs to be re-evaluated sixty (60) calendar days prior to the expiration of their HQ or medical clearance.

c) The Contractor shall mail the pre-placement exam instructions and related information directly to the applicant.

d) The Contractor shall facilitate the applicant clearance process and provide HUD OIG OI designated personnel with access to a secure database to track the…