DMES _RRB13001 _Solicitation_Pgs_2-61.docx

I. OVERVIEW

A. Agency Information

B. Project Information

The RRB is seeking a single contractor who can provide consultative medical exam services and /or ancillary tests used as supportive evidence in making a determination of disability under federal guidelines, for either a current or former railroad employee or his’ or her widow(er) or child.

C. Contracting Officer’s Representative (COR)

D. Post Award Conference

II. SCHEDULE OF SERVICES

Unless specifically identified elsewhere in this contract, the unit prices set forth in the Attachment B “Price Schedules” reflect all costs associated with the provision of service under this contract. Offerors shall complete and provide a pricing schedule for each contract term listed below. (See Attachment B: Unit Pricing Schedule for Provision of Examination/Test services)

Nationwide Coverage CLIN

III STATEMENT OF WORK

A. Overview

The disability program, administered by the Railroad Retirement Board (RRB), is mandated by the Railroad Retirement Act (RR Act). When the disability decision is rendered by the RRB that decision is based on the regulations as cited in the current edition of 20 Code of Federal Regulations (CFR), Employees' Benefits, Part 220. This nationwide program consists of:

· initial determinations of disability, which may result in monthly annuity payments;

· “disability freeze” determinations, which may result in, among other things, early Medicare coverage;

· continuing disability review (CDR) activity, which determines continuing entitlement to disability benefits; and

· an appeals process, which affords any applicant who disagrees with a disability determination rendered by the RRB an opportunity for administrative review.

Consultative examinations and/or ancillary tests are used as supportive evidence in making a determination of disability under Federal guidelines for either a current or former railroad employee or his/her widow(er) or child.

The primary emphasis in disability claims processing is not on treatment, but rather on identifying the functional limitations that may interfere with the claimant's ability to work. Therefore, the consultative examination and report must be in sufficient detail to permit the claims examiner and/or evaluating physician - who do not see or examine the applicant - to determine the severity and duration of the impairment. This determination is made within set guidelines that require that objective medical findings be documented in a detailed manner and with the use of specific testing procedures. These manners and procedures are governed by regulations. Alternative testing methods and procedures must not be used in the disability determination. For example, in the pulmonary function test, the flow volume loop for calculating the forced expiratory volume (FEVI) and forced vital capacity (FVC) is not acceptable.

The types of examinations and tests the RRB will order depend upon the evidence needed for the disability determination. The RRB will order only the specific examinations or ancillary tests needed. If an ancillary test such as an X-ray, blood study, or EKG will furnish the additional evidence needed for the disability determination, a more comprehensive medical examination will not be ordered.

This solicitation outlines a program whereby ordered consultative examinations will be furnished by a contractor who shall establish and maintain systems and procedures necessary to provide consistent quality, timely response and adequate control. Cost control, accuracy and utilization of electronic data interchange (EDI), including a paperless payment system, are the benefits of such a contract.

B. Ordering Procedures

1. The orders for consultative examinations and/or ancillary tests will be initiated by authorized RRB s. Authorized RRB s include claims examiners from the Disability Benefits Division (DBD), claim specialists from the Reconsideration Section, hearings officers from the Bureau of Hearings and Appeals, and Claims Representatives from RRB field offices.

2. The orders for consultative examinations and ancillary tests shall be conveyed from the RRB to the Contractor electronically. Ordering data shall be accessed by the Contractor, transmitted over data communication lines and will be downloaded from the RRB’s host mainframe computer into the Contractor’s computer system.

3. Orders for examinations and/or ancillary tests will include the following information:

a. Date of request.

b. Order Number – Administrative number assigned to each order.

c. Name of the authorized RRB orderor.

d. Name of the unit to receive the examination/test reports.

e. Name and date of birth of the person to be examined, the latest address of record and phone number (if available).

f. Identification number. This will include the claim number plus a two character alpha suffix for RRB's internal use. The claim number is usually the social security number in the case of an employee, but it may be different in the case of a widow(er) or a child who is entitled on the employee's earnings record.

g. Name of railroad employee, if different from the person named in "e" above.

h. RRB field office that services the area where the claimant lives.

i. Special considerations such as:

1) Urgent handling required.

2) Physical/mental impairments, impaired speech, poor hearing, etc., that may affect the scheduling.

3) Other limitations, such as illiteracy or difficulty with English. If there is a language barrier, the primary language will then be specified.

4) Name, address and phone number of representative payee (if applicable).

5) Identification as a reconsideration or appeal case. To ensure impartiality, the original examining doctor MUST NOT BE USED FOR REEXAMINATION. The name of this doctor will be provided.

6) Any other limitations that should be considered by the contractor when scheduling an appointment.

j. The chief complaint(s) as described by the claimant.

k. The consultative examinations and/or ancillary tests needed. Currently, we use a three-digit examination number to identify examinations and tests. (See Attachment A.)

l. Reason code. This is a numeric code used to identify the Reason for the examination and the beneficiary type. (See Exhibit 1 for the listing of these codes.)

m. The name of the claimant’s treating physician(s), if known. The consultative examination shall not be done by the claimant’s treating physician(s).

n. When a psychiatric or neurological examination is ordered, the authorized RRB orderor will furnish a copy of available medical evidence that must then be forwarded to the physician performing the consultative examination for review and to aid in the medical evaluation.

a. The Contractor shall schedule and perform examinations and ancillary tests upon receipt of an order.

b. The Contractor shall follow the examination formats and test protocols set forth in Exhibit 2(consultative examinations) and Exhibit 3(ancillary tests) and shall assure that all required examinations and ancillary tests are performed in accordance with sound medical practice and as specified in this solicitation/contract.

c. (i) For cases designated as routine, the Contractor shall contact the claimant/representative by phone (or via mail if the claimant cannot be reached by phone) within 7 calendar days after receipt of an order to begin the scheduling process. Once the mutually-agreed upon appointment has been set up, the Contractor shall, within 24 hours, release a notice to the claimant including all specifics of the appointment, such as date, time, location, special instructions, reason(s) for appointment, types of examinations and/or ancillary tests, etc. The examination date shall be no later than 14 calendar days after the claimant has been contacted. A report must be received by the RRB headquarters no later than 14 calendar days after the examination is completed, for a total processing time of 35 calendar days.

(ii) The Contractor shall process urgent cases in an expeditious manner when requested by authorized RRB orderors. In the event of such a request, the contractor shall contact the claimant/representative by phone (or via mail if the claimant cannot be reached by phone) within 6 calendar days. The examination shall be scheduled within 11 calendar days after the claimant has been notified and the report shall be received by the RRB headquarters no later than 11 calendar days after the examination is completed, for a total processing time of 28 calendar days. The Contractor shall issue a written notice of the appointment as described in Section III.C.1.c.(i) above.

d. For cases designated as routine, the contractor’s processing time from receipt of the order to the receipt at the RRB of an acceptable written examination report shall be no more than 35 calendar days for 80% of the orders, and no more than 45 calendar days from the receipt of the order for the remaining 20%. For cases designated as urgent, the contractor’s processing time from receipt of the order to the receipt at the RRB of an acceptable written examination report shall be no more than 28 calendar days. The mean processing time average for all reports shall not exceed 35 calendar days. (See Attachment A for the number of examinations and tests ordered in Fiscal Year 2012 .)

e. The Contractor shall provide a reminder call to the claimant/representative between 48 and 72 hours prior to the scheduled appointments for routine and urgent cases.

f. The contract delivery schedule shall be waived and the contract timeliness standards shall be deemed inapplicable in the event that:

1) one of the following circumstances caused an otherwise timely and acceptable medical examination report to be submitted late

(i) Claimant requests that the location of a scheduled appointment be changed,

(ii) RRB requests that the location of a scheduled appointment be changed,

(iii) Claimant requests that the date of a scheduled appointment be changed,

(iv) RRB requests that the date of a scheduled appointment be changed,

(v) The Contractor is unable, through no fault of its own, to contact the claimant in a timely manner, and

2) the Contractor identifies the specific reason (i-v, above) for late submission of the report and conveys that information, in a manner mutually agreed to by the RRB and the Contractor, to the RRB at the time of report submission. The RRB shall have final authority in determining whether the contract required timelines performance shall be waived.

g. The Contractor's medical offices or sites must be located to provide maximum geographic coverage, minimizing inconvenience to the claimant. The Contractor must make every effort, including the recruitment of additional providers, if necessary, to assure that claimants need travel no more than 50 highway miles from their place of residence in order to attend an appointment.

h. Whenever feasible, ancillary tests shall be scheduled for the same day as the examination and at the same site, thereby reducing inconvenience to the claimant.

i. The Contractor must, at the time of scheduling, furnish the RRB headquarters with an electronic copy of the notice released in accordance with Section III.C.1.c.(i) above.

j. If additional consultative examinations or ancillary tests other than those requested by RRB authorized orderors become necessary during the testing, authorization for these additional services must be obtained from RRB headquarters personnel by telephone. Such contacts must go through the Contractor's liaison official. Whenever feasible, this authorization shall be obtained while the claimant is still at the examining site. The original order shall be modified by an authorized RRB orderor to reflect and confirm the authorization for additional service. Telephone numbers of RRB personnel will be provided to the Contractor before the commencement of contract performance. Personnel in the DBD , the Reconsideration Section, and the Bureau of Hearings and Appeals are generally available from 9:00 a.m. to 3:30 p.m. Central Standard Time each working day. Some personnel in these offices may also be available from 6:00 a.m. to 9:00 a.m. and 3:30 p.m. to 6:30 p.m.

k. Any examination or test-related instructions/notifications sent to the claimant in advance of the examination or test shall be sent by the Contractor. The specific format for these notifications/letters must be approved by the RRB prior to contract implementation.

l. (1) If the claimant fails to appear for an examination (“no shows”),the Contractor must notify RRB headquarters when it is determined that the claimant was a “no show.” The reason for the missed appointment should be stated, if known. The Contractor shall not reschedule a “no show” without RRB headquarters approval.

(2) The Contractor shall not be reimbursed in the event a claimant fails to appear for an examination or test.

m. The RRB and the claimant shall have the right to object to and refuse any scheduled examination with the Contractor's designated physician or psychologist.

n. The Contractor must not use the same doctor who had conducted a previous examination for a new consultative examination at the reconsideration or an appeal level. The RRB will furnish the name(s) of the doctor(s) involved in these cases.

o. The Contractor shall perform repeat examinations and/or ancillary tests without additional charges when the RRB determines that upon review the initial examinations and ancillary tests do not comply with the guidelines shown in Exhibits 2 and 3. Any repeated examination or ancillary test should be accomplished within the original timeframes and in accordance with the procedures set forth in this contract. The RRB shall have sole authority in determining adequacy of examinations and/or ancillary tests.

p. The Contractor must ensure that his/her staff will extend proper courtesy to the claimant in order to maintain good public relations.

q. The Contractor shall not charge the claimant for any services contracted by the RRB and shall assure that any subcontractors such as providers or billing services will not bill the claimant for any services. The RRB shall not be responsible for payment for any unauthorized services performed by any subcontractor.

r. Examination Duration - Specific examinations shall be performed within the following timeframes.

(1) A comprehensive internal medical examination including history but excluding ancillary testing time (blood drawing, X-rays, etc.) must be completed in not less than 30 minutes.

(2) The psychiatric examination must be performed in not less than 40 minutes.

(3) Musculoskeletal or neurological examinations must be done in not less than 20 minutes.

(4) The psychological testing must be completed in not less than 60 minutes.

2. Examination Report Requirements

a. The claimant's name and address.

b. The claimant's social security number or railroad retirement claim number, if different. This should be shown on each page of the report.

c. Date examination performed.

d. The major or chief complaints alleged by the claimant as reason for not working.

e. Current medication by name of drug, dose and frequency.

f. A family and social history including a list of any familial diseases; environmental exposure and information regarding the claimant's personal habits with respect to smoking, drug and alcohol consumption. A statement regarding the patient's reliability should be included.

g. A review of the affected system(s).

(1) Refer to the section in Exhibit 2 that corresponds to the examination ordered as well as the chief complaints for specific information required. Claimants with multiple impairments must be evaluated with the protocol that addresses each of the alleged impairments. For example, a physician examining a claimant with an alleged cardiovascular impairment and a respiratory impairment must follow the instructions for an internal medicine examination as well as the instructions for a cardiovascular examination and a respiratory examination. In most cases, a general internal medicine examination will be ordered for claimants with multiple impairments. However, if one of the multiple impairments is musculoskeletal in nature, a specialized internal medicine examination with orthopedic emphasis may be ordered, rather than a separate general internal medicine examination and a separate orthopedic examination.

(2) Any “positive” and “negative” detailed findings based on the examination and ancillary tests and from the background information (if provided) must be included. An omission of a specific finding will not be interpreted as a “negative” or normal finding.

(3) Quantifiable assessments must be given. Subjective terms such as “frequent” or “significant” are not acceptable. Measurable objective findings should be documented with actual measurements or a quantified assessment. For example, the range of motion information provided in an orthopedic or a musculoskeletal examination of the claimant's affected joint(s) is quantified in degrees. Percentages of normal range of motion or movement measured by inches are not acceptable.

h. Each major or chief complaint should be discussed in detail under the “History of Present Illness.” The discussion of these complaints must present a detailed longitudinal description of the pertinent past history of the disease stated in addition to the detailed description of the individual's statement of the current complaints. It is important to present, in as much detail as can be obtained from the individual, significant occurrences, including changes in the status of those complaints over time, hospitalizations with dates and names of hospitals, findings, test results and treatment during the hospitalization as understood by the individual, and the ongoing treatment. It is particularly important to provide a detailed description of the individual's current complaints, explaining those factors that increase the problem or impairment and those which may provide relief, and the individual's description of how the impairment limits the ability to function.

i. The physician obtaining the history and performing the physical examination must provide diagnostic and prognostic conclusions based on the claimant's medical history, the physical examination and any laboratory tests obtained in conjunction with the physical examination. All abnormalities should be explained or commented on if a definite explanation cannot be provided.

j. The physician who performs a physical examination should complete an assessment of the claimant's maximum physical work capability despite his/her impairment. This assessment, also known as the claimant's physical residual functional capacity (RFC), should be provided with every physical examination report. To assure conformity, the physical RFC assessment form shown in Exhibit 4 shall be completed. This assessment must be substantiated by the objective findings of the examination and should not be based on subjective factors such as the claimant's allegations.

k. The physician/psychologist who performs the psychiatric or psychological examination should complete an assessment of the claimant’s maximum mental work capability despite his/her impairment. This assessment, also known as the claimant’s mental RFC, should be provided with every psychiatric and psychological examination report. To assure conformity, the mental RFC assessment form shown in Exhibit 5 shall be completed.

l. When the claimant provides labeled tracing, X-ray interpretations, laboratory findings and graphs for the doctor's review, the examination report should include reference to pertinent information and/or findings.

NOTE: Do not send X-ray film.

m. While the examination is being done, the Contractor should not recommend treatment or a change in treatment directly to the claimant but should include such suggestions in the report. However, in circumstances where the evidence shows a medical condition that is legally reportable or which could be injurious to the health or safety of the individual or others, or where the individual has made a threat against himself/herself or others, the Contractor should take action consistent with sound and accepted medical practice. Any emergency treatment and/or information provided to the claimant or their treating sources should be specified in the report and reported immediately to the RRB headquarters. There shall be no liability on the part of the RRB, under this contract or otherwise, for any treatment recommended or provided by the Contractor.

n. All reports must be personally reviewed and signed by the physician who actually performed the examination. An electronic signature is acceptable. (Ref. 20 CFR §220.61(d).) A rubber stamp signature or a signature entered by another physician, nurse or any other person is not acceptable. The physician's name must also be typed at the end of the report.

o. The results and interpretation of laboratory findings must be included. When the laboratory studies are done as shown in Exhibit 3 "Ancillary Tests," the physician providing the formal interpretation must be identified. If the interpretation is provided on a separate report form, that report should be forwarded and should show the interpreting physician's name. An electronic signature is acceptable on X-ray reports.

D. Administrative Requirements

1. Medical Staff Qualifications

a. All physicians or psychologists performing services under this contract shall be currently licensed in the State in which he or she practices and shall have the training and experience necessary to perform the type of examination or test required. The physician or psychologist may use support staff to help perform the examination. However, examinations must be performed by a physician or psychologist. Examinations performed by other non-physicians, including but not limited to physician assistants, are not acceptable. Any such support staff must meet appropriate licensing or certification requirements of the State in which he/she practices. Psychologists may be a Ph.D., M.D., or have at least a Masters degree in clinical psychology.

b. The Contractor shall use medical technicians for ancillary tests who are licensed or certified, if applicable, and have appropriate experience and training in performing specified tests.

c. The Contractor shall ensure that all its medical providers' facilities meet State and local codes for licensing, safety and sanitary purposes.

d. The Contractor shall maintain and make available upon request by the RRB's Contracting Officer’s Technical Representative (COR) a list of all medical staff that displays name, title, specialty function, and languages spoken. Curriculum vitae on all medical staff and appropriate copies of medical licenses, specialty ratings and certifications must also be available for periodic spot checks by the RRB's COR.

e. No physician, psychiatrist or psychologist performing services under this contract shall have served as a witness in a lawsuit either against or for the railroad or a railroad employee, or at any time have been an employee of the RRB, an RRB contractor, or a railroad.

f. The Contractor shall not employ under this contract the services of any individual or entity that is excluded, suspended or otherwise barred from participation in the Medicare, Medicaid or any other Federal or Federally - assisted program. (Ref. 20 CFR §220.64.)

2. Contractor Management

a. The Contractor shall deliver the medical examinations and ancillary test results to the RRB headquarters on a daily basis using electronic transmission.

b. The Contractor shall implement an RRB accessible real-time system that tracks the status of each and every examination and ancillary test ordered under this contract.

c. The Contractor shall designate a contract performance liaison person and backup to coordinate activities, resolve day-to-day problems, and answer questions from RRB personnel. In addition, the contractor shall identify administrative staff that will be involved in the implementation and on-going administration of this contract. Staff changes after award must be coordinated with the RRB.

d. The Contractor shall revise systems and procedures in response to changes in laws and regulations as described and communicated to the Contractor by the RRB.

e. The Contractor shall provide an organized and trained staff to provide all required functions under this contract.

f. Reporting Requirement:

(1) The Contractor shall provide certain basic management information to the RRB on a twice-monthly basis, detailing such data as required by the RRB. Such information shall include, but not be limited to, the following data:

· RRB Claim Number

· Claimant’s Name

· Examinations Requested

· Field Office

· Reason Code

· Milestone dates: request order date, examination date, date contractor receives report, date report sent to RRB

(2) The reporting period for twice-monthly reports shall begin on the first and fifteenth day of each month, respectively. All reports shall be furnished and delivered to the Contracting Officer's Technical Representative (COR) within two workdays after the end of the reporting period. Secure Electronic Data Interchange technology must be employed to transmit reporting data to the RRB.

(3) At a minimum, the Contractor shall provide the following five reports on a twice-monthly basis. Each report shall be organized by RRB claim number.

(i) Displaying all of the above data, one report should reflect those cases where an examination order has been issued by the RRB but no Contractor action has been taken.

(ii) Displaying all of the above data, one report should reflect those cases where the Contractor has scheduled the examination but it has not yet been conducted.

(iii) Displaying all of the above data, one report should reflect those cases where the examination has been conducted but the report has not yet been submitted to the RRB.

(iv) Displaying all of the above data, one report should reflect those cases where the examination report has been submitted to the RRB.

(v) Displaying all of the above data, one report should consolidate all data reflected in the four reports described above.

· Reports (i-iii): Cases are self-deleting

· Report (iv): Cases need only be reported once

· Report (v): All activity for the Government's fiscal year (October 1 through September 30) shall be reflected on report (v)

(5) At the end of the fiscal year, only those transactions that have not yet appeared in Report (iv) should be carried over to the next fiscal year's report where they will be carried, along with all new activity, for the entire fiscal year.

g. The Contractor shall notify RRB headquarters daily of those orders where the Contractor has determined the claimant failed to show up for the scheduled examination/ancillary tests (“no-shows”). Notification should include the RRB claim number including the alpha suffix, the claimant's name, the examination code for the examination/ ancillary tests missed, and the reason for the “no-show,” if known. The specific notification process must be approved by the RRB prior to contract implementation.

h. The Contractor shall provide a monthly report on all urgent cases not completed by the due date and routine cases not completed within 45 days. Such reports will include but not be limited to the RRB claim number, claimant’s name, type of examination/test and the action being taken to complete the case.

i. The Contractor shall provide quarterly reports identifying the individuals where it was necessary to travel beyond a distance of 50 highway miles to attend an appointment. Such reports will include but not be limited to the RRB claim number, claimant’s name, claimant’s address, facility name, facility address, the examination/test date, and the distance between the claimant’s residence and the facility.

j. The Contractor shall maintain an ongoing quality assurance plan to ensure that the requirements of this contract are satisfied. The plan shall include methods for identifying, resolving and preventing deficiencies in the quality and timeliness of service performed under this contract before the level of performance becomes unacceptable.

E. Program Safeguard Requirements

1. The Contractor agrees not to have any direct or indirect financial or familial interest, or engage in any activity, which conflicts substantially, or appears to conflict substantially, with the Contractor's duties under this contract.

2. The Contractor will not in any case solicit, for the purpose of providing medical services, any individual referred by the RRB for examination.

3. The Contractor further agrees that the RRB shall have the exclusive right to determine whether such a conflict of interest exists, and whether it is substantial.

4. Failure of the Contractor to adhere to this provision will, at the discretion of the RRB, result in the immediate termination of the contract without any further liability to the Board.

5. The Contractor shall ensure that the records it maintains of all RRB orders are kept confidential and are only released when instructed to do so by the RRB. Records include medical examination reports, orders, financial data and quality assurance findings. All records must be retained by the Contractor for 3 years after final payment under this contract. The RRB is a social insurance agency. Privileged information is available in paper form, data disks, and data tapes throughout the Chicago headquarters facility and all of the remote sites. Access to, and use of, this information is covered under the Privacy Act of 1974 and other U.S. Codes. The provisions of the Federal Acquisition Regulation (FAR 52.224-01, Privacy Act Notification (Apr 1984), 52.224-2. Privacy Act (Apr 1984; and 52.239-1, Privacy or Security Safeguards (Aug 1996) are hereby incorporated by reference. No copies of railroad employee or family information can be retained by any member of the contractor staff in any transferable media, be that paper or electronic.

6. Any requests, including subpoenas, for information pertaining to services performed under this contract, shall be forwarded to the RRB COR. The Contractor shall notify the requester that this action has been taken.

7. The Contractor shall devise a disaster contingency plan covering operational and management activities.

8. The contractor’s staff involved in accessing RRB systems shall be required to periodically complete security awareness training as designated by the RRB.

IV. CONTRACT CLAUSES AND PROVISIONS

A. Contract Administration Data

1. Performance, Acceptance and Consideration – The Contractor shall render services under this contract and the Board shall compensate the Contractor for services rendered in accordance with this contract and accepted by the Government by paying the fixed rates specified in the price schedule applicable to the then current contract term that is attached to this contract and identified as Attachment B. The due date for making payments by the designated Government payment office shall be the thirtieth (30th) day after Government acceptance of services performed by the Contractor. The Government expects to accept or reject examination reports ordered and submitted under this contract within twenty-one (21) calendar days after receipt of the report by the Government. The Government shall promptly notify the Contractor whenever a report ordered under this contract is rejected and shall advise the Contractor of the specific reason for such rejection.

2. Notice of Intent to Withhold Payment – Notwithstanding any other payment provisions of this contract, failure of the Contractor to acceptably perform required services will result in the withholding of payments under this contract, unless such failure arises out of causes beyond the control and without the fault or negligence of the Contractor as defined by the clause entitled “Excusable Delays”, “Default”, or “Termination for the Convenience of the Government”, as applicable.

3. Invoices – Notwithstanding any other provision in this contract, the Contractor will not be required to issue and submit an invoice to the Government for services rendered under this contract in order to be compensated for such services. Payment shall be automatically effected in accordance with Provision IV. A. 6.w.

4. The Role of Government Personnel and Responsibility for Contract Administration –

a. Contracting Officer – The Contracting Officer has the overall responsibility for the administration of this contract. He alone, without delegation, is authorized to take actions on behalf of the Government to: amend, modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedule; make final decisions on disputed deductions from contract payments for convenience or default; issue final decisions regarding contract questions or matters under dispute. He may, however, delegate certain other responsibilities to his authorized representatives.

b. Contracting Officer’s Representative (COR) – The Contracting Officer may designate a COR to assist the Contracting Officer in the discharge of day-to-day responsibilities pertaining to the administration of disability program matters pertaining to this contract and the monitoring of Contractor performance. The specific responsibilities and limitations of COR authority are set forth in Provision IV.A.6.f, “Technical Direction”.

c. Contract Administrator – The Contracting Officer may designate an individual to monitor contract performance, review contract funding, billing any payments, prepare supplemental agreements and change orders, and conduct negotiations and discussions on behalf of the Contracting Officer.

5. Contract Terms and Conditions Required to Implement Statutes or Executive Orders –Commercial Items, FAR 52.212-5, (Jan 2013)

(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) 52.222-50, 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)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(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:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

_X _ (2) 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)).

___ (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).

_X _ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Aug 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

_X _ (6) 52.209-6, Protecting the Government’ Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note).

_X _ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313).

_X _ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

___ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (11) [Reserved] ___ (12) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (13) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_X _ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

_X _ (15) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637 (d)(4).)

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (July 2010) of 52.219-9.

___ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_X _ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

_X _ (18) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (19) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (21) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

___ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)).

___ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)).

___ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)).

_ X _ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_ X _ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).

_X _ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X _ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X _ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

_X _ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

_X _ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

_X _ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

___ (34) 52.222-54, Employment Eligibility Verification (Jul 2012). (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.)

___ (35) (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.)

___ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (37) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

___ (ii) Alternate I (Dec 2007) of 52.223-16.

_ X _ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).

___ (39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

___ (40) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (Nov 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (Mar 2012) of 52.225-3.

___ (iii) Alternate II (Mar 2012) of 52.225-3.

___ (iv) Alternate III (Nov 2012) of 52.225-3.

___ (41) 52.225-5, Trade Agreements (Nov 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (42) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_ X _ (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332).

___ (48) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

___ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

_ X __ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (51) (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.

(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 Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (5) 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.).

___ (6) 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.).

___ (7) 52.222-17, Non-displacement of Qualified Workers (Jan 2013) (E.O. 13495).

___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247).

___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(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 (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.

(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.

6. Special Contract Requirements

a. Term of Contract – The initial term of…