RFQ-DC-15-00182_Att_4_AddtTermsCond.docx

RFQ-DC-15-00182

ATTACHMENT 4

Terms and Conditions of the Order

1. Acknowledgement of Special Terms The signed acknowledgement of special terms is hereby incorporated into this order. No work may be performed under this order unless and until the student or recent graduate has signed the acknowledgment form.

2. Electronic Funds Transfer (EFT) Students or recent graduates must have a checking or savings account at a financial institution that will accept direct deposit of Federal funds for EFT.

3. Registration for Dun & Bradstreet (D&B), System for Award Management, and FedConnect® In order to submit a quotation via FedConnect® and perform work under the Student Services Contract to EPA, students or recent graduates must have a checking or savings account at a financial institution that will accept direct deposits of Federal funds for Electronic Funds Transfer (EFT), must register with Dun and Bradstreet (D&B) to obtain a DUNS number, register with the System for Award Management (SAM), and register with FedConnect®.

· To register with D&B and obtain a DUNS number, call D&B at 1-866-705-5711 or contact D&B at http://www.dnb.com/update.

· To register for SAM go to the SAM website found at https://www.sam.gov.

· To register for FedConnect® go to the FedConnect® website found at https://www.fedconnect.net/.

· Please note that FedConnect® is used by multiple federal agencies and therefore assistance with FedConnect® will be provided by Compusearch Software Systems, not the EPA. More information about registration requirements can be found by going to https://www.fedconnect.net/FedConnect/PublicPages/FedConnect_Ready_Set_Go.pdf and downloading the FedConnect Ready, Set, Go! Guide. If you need technical assistance in registering or for any other FedConnect® function, call the FedConnect Help Desk at (800) 899-6665 or email at support@fedconnect.net. There is no charge to register for a DUNS at D&B, SAM, or FedConnect®.

4. Background Check and Suitability Determinations Students or recent graduates who perform under contact to EPA are required to undergo background checks and checks for FBI fingerprint files and suitability determinations by EPA.

Where applicable, the students or recent graduates must return the completed forms to the Contracting Officer/Contract Specialist at least 14 business days prior to reporting for work. If there are not 14 business days available, the student or recent graduate will provide the completed forms to the Contracting Officer’s Representative when he/she reports for his/her first day of work. If a background check reveals information that the student or recent graduate represents a risk to the interests of EPA, the Contracting Officer will immediately terminate the award.

5. Billable Hours Hours shown in this order are estimates only. EPA will pay students or recent graduates only for the number of hours actually worked. Students or recent graduates may bill their time and be compensated in increments of a quarter of an hour. If the student or recent graduate works eight minutes or more, the total will be rounded up and seven minutes or less the total will be rounded down (on a daily basis).

As self-employed contractors, students or recent graduates do not accrue leave or holiday benefits. EPA will not pay for any non-worked hours, regardless of the reason the Agency/building is closed. This includes scheduled Government holidays, unscheduled holidays, or any other unscheduled closure (e.g., inclement weather, furloughs, security reasons.) When the Government decides to close the building after the student or recent graduate has reported to work, the Government will pay only for the hours worked before closure.

As self-employed contractors, they are paid the hourly rate specified in the contract for any hours worked beyond the 40 hour week, with no overtime premium.

6. Overtime and Withholdings Students or recent graduates performing under these contracts are considered self-employed contractors, and are, therefore, exempt from the Fair Labor Standards Act and the Service Contract Act. As contractors, Federal, state or local income taxes or Social Security (FICA) payments will not be deducted from payments.

The rate of pay is set forth in the contract based on the level of education needed to perform the requirements in the SOW. Students or recent graduates who have more years of education than required, or who attain a degree while work is underway do not move to a higher level of pay than required by the SOW.

Students or recent graduates, who are not employed by any other employer, whose net earnings are $400 or more, must pay self-employment taxes to pay into the Social Security and Medicare trust funds. They may also be liable for income taxes dependent on their total earnings. Since there is no withholding on their income, they may need to make quarterly estimated tax payments.

7. Invoicing and Payments All payments will be made through electronic funds transfer (EFT). The student or recent graduate shall submit the original copy of invoices for payment to the EPA finance center (FC) designated in the award, with copies to the CO, COR, and mentor. The student or recent graduate may submit invoices bi-weekly.

To be considered a complete and proper invoice, the invoice must include the following information:

1. Contractor name

2. Invoice Date

3. Award number

4. Billing period (dates covered by the invoice)

5. Daily record of hours worked

6. Total number of hours worked during the billing period

EPA-FMC will forward complete and proper invoices to the COR for review and acceptance. Once the COR has accepted the services by approving the invoice, EPA-FMC will endeavor to pay all invoices for these services within two weeks after receipt of a proper invoice. However, EPA is not obligated to make payment before the 30th day, as provided in the Prompt Payment clause. Students or recent graduates who submit timely invoices and do not receive payment within the 30 days stipulated in the Prompt Payment Act are entitled to interest payments as prescribed in the clause. A sample invoice is attached for use. It may be reproduced.

8. Principal Duty Station The primary duty location is the US EPA facility in Duluth, MN. The student or recent graduate may enter the building only during business hours or when a project member is present.

9. Compensation The rate of compensation for this work is commensurate with the level of education and experience required to perform this work. The rate of compensation for this position is as follows:

Students or recent graduates may bill their time and be compensated in increments of a quarter of an hour. If the student or recent graduate works eight minutes or more, the total will be rounded up and seven minutes or less the total will be rounded down (on a daily basis).

The student or recent graduate is responsible for all costs of transportation to and from the principal duty station. The Government does not provide housing, meals or other living expenses while the student or recent graduate is working at the principal duty station. Travel away from the duty station is not expected.

10. Termination FAR clause 5.249-12, Termination (Personal Services) (APR 1984) is incorporated into this order by reference and applies in place of the termination language at 52.213-4(f) and (g). The Government may terminate this order for cause in the event students or recent graduates fail to comply with any terms and conditions, including those listed in the Acknowledgment of Special Terms, repeatedly fail to report on scheduled work days, or otherwise fail to perform services under this order.

Additionally, false statements on resumes are grounds for termination as well as results of background checks that reveal information that the student represents a risk to the interests of EPA. If the order is terminated for cause, students or recent graduates are paid only for hours worked to the point of termination and will not receive the 15 days notice described in clause 52.249-12, Termination (Personal Services)”.

11. Overnight Travel If performance of the order requires overnight travel, the student or recent graduate will travel under the rules and procedures established for Federal employee travel (chapters 57 and 81 of title 5, United States Code.) The COR is responsible for issuing invitational travel orders.

12. Extensions to the Term of the Order If the award contains a line item for an option period to renew or extend the order and the price of the order is based on the pricing table for students and recent graduates, the Contracting Officer and the student contractor may agree to extend the period of performance, and the Contracting Officer may exercise an option period to extend the term of the order by modification to the award. The hourly rate will be adjusted to the applicable rate from the most current pricing table for students or recent graduates at the time of exercising the option. However, the Government is under no obligation to exercise an option. The hourly rate will not be adjusted to a different grade level for the option period. The total duration of this order, including base and any option or other extensions, shall not exceed twenty-four months or two years.

13. Contracting Officers Representatives and Mentors

a. Contracting Officer’s Representative – the Contracting Officer’s Representative is the primary representative of the Contracting Officer. The Contracting Officer’s Representative may be either an EPA employee or, as appropriate, another Federal Agency employee, appointed by the Contracting Officer, who possesses the necessary knowledge, skills, and abilities to perform pre-award and/or post-award functions. The Contracting Officer’s Representative is responsible for technical direction which changes or modifies the scope of work, or alters the period of performance of the contract. The Contracting Officer’s Representative may also serve as a mentor.

b. Mentor – the mentor is a Government scientist who provides the day-to-day direction, coaches, advises, counsels, provides guidance and support to the student or recent graduate in their work. Mentors review the student’s or recent graduate’s work and provide input to the Contracting Officer’s Representatives on the quality and quantity of this work. Mentors do not perform acquisition functions, such as approval of invoices.

14. Technical Direction by the Contracting Officer’s Representative or Mentor The performance required by this order shall be subject to the technical direction of the Contracting Officer’s Representative or Mentor as identified below. As used here, the term “technical direction” is defined as direction to the student or recent graduate that fills in details, suggest possible lines of approach, or otherwise supplements the scope of the work set forth and shall not constitute a new assignment, and does not supersede or modify any article or clause of this order.

The Contracting Officer’s Representative/Mentor is not authorized to perform, formally or informally, any of the following actions:

a. Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that

b. Waive or agree t modification of the delivery schedule:

c. Make any final decision on any contract matter subject to the Disputes Clause;

d. Terminate, for any reason, the student’s or recent graduate’s right to proceed;

e. Obligate in any way, the payment of money by the Government. Only a warranted, Contracting Officer is authorized to obligate funds on this or any other contract action.

The student or recent graduate shall immediately notify the Contracting Officer in writing if the Contracting Officer’s Representative or Mentor has taken any action (or fails to take action) or issues direction (written or oral) that the student or recent graduate considers to exceed the above limitations.

The Contracting Officer's Representative assigned for this Purchase Order is:

Name: Teresa Norberg-King

U.S. EPA

Mid-Continent Ecology Division 6201 Congdon Boulevard Duluth, MN 55804 218-529-5163 Norberg-king.teresa@epa.gov

The Mentor assigned for this Purchase Order is:

Name: Dan Villeneuve

U.S. EPA

Mid-Continent Ecology Division 6201 Congdon Boulevard Duluth, MN 55804 218-529-5217 Villeneuve.dan@epa.gov

Only the Contracting Officer may designate a new Contracting Officer’s Representative.

15. Vaccinations and Immunizations/Medical Monitoring/Health and Safety Training A. Vaccinations and Immunizations

i. Before beginning certain types of work, the student or recent graduate may be offered non-mandatory vaccinations, immunizations, or treatments as specified in the Statement of Work. The purpose of these vaccinations, immunizations, or treatments is to safeguard the health of those whose work may expose them t health or safety risks in the environment.

a. EPA will bear all costs for the administrations of the offered vaccinations, immunizations, or treatments provided that the student or recent graduate receives such treatment at the time and location designated by the Contracting Officer’s Representative.

b. Student or recent graduates electing to receive vaccinations, immunizations, or treatments from sources other than those designated by the Contracting Officer’s Representative will not be reimbursed for any costs associated with such treatment.

ii. Students or recent graduates that elect not to receive vaccinations, immunizations, or treatments from either the Government or private source will be required to sign a form letter acknowledging that they have declined the offered treatment. A student or recent graduate who declines the vaccinations, immunizations will not be covered by the Government for costs of or treating illnesses that could have been avoided by taking the recommended immunization therapy, unless the student or recent graduate provides written documentation from a physician certifying to the student’s or recent graduate’s intolerance of the immunization drugs.

iii. Students or recent graduates who have already received vaccinations, immunizations, or treatments suggested by the Statement of Work may provide copies of shot records or other evidence acceptable to the Contracting Officer’s Representative in lieu of receiving a new round of treatment or signing the declination letter. The contracting Officer’s Representative will retain copies of such evidence in the files related to the student’s or recent graduate’s work.

B. Medical Monitoring

i. Students or recent graduates whose contract requires work with or around hazardous substances, may be offered medical examinations to identify any adverse health effects related to exposure. These examinations, when offered, will be paid for by the Government.

ii. These medical examinations have been constructed in order to answer specific questions about exposure risk and health in the work place. These examinations are not meant to be “wellness” examinations. Participation in these examinations should not be construed as an adequate substitute for periodic examinations by the students’ or recent graduates’ personal physicians. The types of evaluations that may be performed are baseline, periodic, and exit.

c. Baseline evaluations are done to characterize the state of health of the individual prior to commencing work in a new assignment. It may be conducted in order to assess the individual’s health status in relation to the special demands of the proposed job assignment.

d. Periodic evaluations are performed to identify and measure any adverse effects from occupational activities, and to control risks from occupational exposures.

e. Exit evaluations are conducted when an individual terminates a given position that requires medical surveillance. This examination is performed to document the health status of the individual of an individual at the end of work in a particular position.

C. Health and Safety Training Students or recent graduates, will be expected to participate in health and safety training, at the Government’s expense, to make them aware of safety programs and policies at EPA. These include initial safety, health, and environmental management training, laboratory health and safety training, and field activity training. It also includes general safety, personal protective equipment, physical hazards and chemical hazards training. This training is required under Federal, OSHA, EPA, DOT, and NRC regulations.

Attachment 4: Additional Terms and Conditions of the Order Page 5 of 6