Sol_140P2120R0033.pdf

COMBINED SYNOPSIS/SOLICITATION

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

(II) This solicitation is issued as a request for quotation (RFP), 140P2120R033.

(III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-74.

(IV) This solicitation is being issued as unrestrictive. The associated NAICS code is 621910 Ambulance Services. The small business size standard is $15,000,000.

(V) This combined solicitation/synopsis is for purchase of the following commercial services:

The Vendor shall provide all labor, software, materials, and supplies for the fulfillment of all requirements for the EMS Cost Recovery outlined within the following subtasks.

(VI) Description of requirements is as follows:

- Tasks EMS Cost Recovery

- Initial Program Establishment

- Program Cost Recovery Profile Establishment

- Individual Task Order Establishment

- Cost Recovery Billing

(VII) Place of performance shall be designated within each subsequent Task Order

(VIII) Period of performance shall be 10/30/2020-10/29/2021 base plus 4 option periods.

(IX) FAR 52.212-1, Instructions to Offerors -- Commercial Items (Apr 2014), applies to this acquisition. In addition to written pricing, offers are instructed to provide a technical proposal, key personnel information and past performance.

(X) FAR 52.212-2, Evaluation –

Evaluation Factor 1: Factor 1: COMPLIANCE – Offeror’s Preference of Contract (Pass/Fail) Show ability that company is in compliance with:

- Health Insurance Portability and Accountability Act of 1996 (HIPAA)

- Privacy Act of 1974

Failure to pass Factor 1 as a whole will eliminate the offeror from further consideration for award.

Evaluation Factor 2: Factor 2 – TECHNICAL APPROACH

Three technical approach sub-factors are stated below and considered equal in importance o Sub-factor 1 - Relevant Experience: Knowledge and understanding of EMS/Ambulance Cost Recovery Services.

o Sub-factor 2 – PWS that has a technical performance work statement that meets all requirements set forth in the SOW, and incorporates best industry practices to meet all of the SOW in its entirety.

EMS Cost Recovery Initial Program Establishment Program Cost Recovery Profile Establishment Individual Task Order Establishment Cost Recovery Billing Required Reports PWS must include:

1. Management Approach that addresses all items necessary meet the requirements of the SOW and to execute upon the award,

2. QASP that monitors quality assurance throughout the life of the contract. The QASP must ensure that all requirements are met or exceeded and support aggressive deployment schedules.

o Sub-factor 3 - Staffing Plan: The availability of appropriate staff, to include subject matter experts, to meet the requirements and timelines as required by the

SOW

Evaluation Factor 3: Past Performance Price

(XI) The offeror must submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications – Commercial Items (Nov 2013), with its proposal.

(XII) The clause at FAR 52.212-4, Contract Terms and Conditions – Commercial Items (Sep 2013), applies to this acquisition.

(XIII) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (OCT 2019) applies to this acquisition.

(XIV) The Government intends to award an IDIQ contract that includes the option for task orders to be issued on a firm-fixed-price, labor hour or commodity/supply basis.

(XV) Any questions regarding this solicitation should be directed to Jaime Mijares, Jaime_Mijares@nps.gov

140P2120R0033

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

09/09/2020 0040479778

1 58

P.O.Box 25287 MS WCP Denver CO 80225

NPS, WASO - WCP Contracting 09/30/2020

National Park Service

1849 C Street NW

Washington

DC 20240

303 969-2755Jaime Mijares

09/29/2020 1700 ET

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

This will be a fixed price IDIQ. Task orders will be a fixed price with a not-to-exceed ceiling amount.

Legacy Doc #: NPS Period of Performance: 10/30/2020 to 10/29/2021

00010 Cost Recovery Service Product/Service Code: Q999 Product/Service Description: MEDICAL- OTHER

Delivery: 09/30/2020 Period of Performance: 03/01/2020 to 09/30/2020

Jaime_Mijares@nps.gov Contracting Officer

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

Solicitation Document No.

Document Title Emergency Ambulance Billing Page 3 of 57

Table of Contents

PART A – CONTINUATION OF SF 1449

Supplemental Information:

Scope of Work

PART B – COMMERCIAL CONTRACT CLAUSES

As indicated in Block 27a of the SF1449, FAR Clause 52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018) applies to this solicitation and is incorporated by reference

Addenda to 52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018)

Addendum 1.0: Schedule of Supplies and Services

Addendum 2.0: Additional Clauses Incorporated by Reference

Addendum 4.0 Additional Clauses Incorporated by Full Text

Addendum 3.0 Department of the Interior Local Clauses

FAR CLAUSE 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders

– Commercial Items (OCT 2019)

PART C – CONTRACT DOCUMENTS, EXHIBITS AND ATTACHMENTS

List of Attachments

PART D – SOLICITATION PROVISIONS

As indicated in Block 27a of the SF1449, FAR Clause 52.212-1 Instructions to Offerors – Commercial Items (OCT 2018) applies to this solicitation and is incorporated by reference

Addendum to 52.212-1 Instructions to Offerors – Commercial Items (OCT 2018)

Addenda 1.0: Submission Instructions Specific to this Solicitation

Addendum 2.0: Additional Provisions Incorporated by Reference

Addendum 3.0: Additional Provisions Incorporated in Full Text

52.212-2 Evaluation – Commercial Items (OCT 2014)

52.212-3 Offeror Representations and Certifications – Commercial Items (OCT 2018)

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PART A – CONTINUATION OF SF 1449

Supplemental Information:

1. This procurement is set aside as unrestricted under NAICS code 621910 “Ambulance Services” with a size standard of $14M.

2. The price schedule (Blocks 19-24) applicable to this IDIQ is available in Attachment 1 – Pricing Schedule.

3. The Government will award one (1) Indefinite Delivery Indefinite Quantity (IDIQ) contract as a result of this solicitation.

4. The minimum contract value for all orders issued against this contract shall not be less than the minimum contract value stated in the following table. The maximum contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

Minimum Contract Value

Maximum Contract Value

Task Order Minimum/Maximum

$20,000 $2,000,000 $10,000.00 / $100,000

5. Submitted offers shall be valid for 90 calendar days from the date specified for receipt of offers.

Scope of Work

1.0 Background

The National Park Service (NPS) Visitor Resource Protection (VRP) provides as outlined in the Organic Act of 1916, protecting our visitors and our cultural and natural resources are the heart of the National Park Service.

Protecting these resources are the mission of the Visitor and Resource Protection program.

Visitor and Resource Protection staff perform a wide variety of functions, including:

enforcing existing wildlife, fishing, traffic, and other laws within the park's boundary;

protecting and preserving cultural and natural resources;

managing the park's structural and wildland fire protection and prevention programs;

providing emergency medical services;

responding to and managing developing emergencies; and

Document Title Emergency Ambulance Billing Page 5 of 57 providing the high level of "on-the-ground" customer service that has long been the tradition of park rangers.

"...to promote and regulate the use of the...national parks...which purpose is to conserve the scenery and the natural and historic objects and the wildlife therein and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment of future generations." - National Park Service Organic Act, 54 U.S.C. § 100101

This Statement of Work (SOW) encompasses the required need to ensure that a contract vehicle is in place in order to provide emergency medical services (EMS) billing services for all National Parks.

2.0 Tasks EMS Cost Recovery

The Vendor shall provide all labor, software, materials, and supplies for the fulfillment of all requirements for the EMS Cost Recovery outlined within the following subtasks.

3.0 Subtasks

3.0.1 Initial Program Establishment

Establish the capability of using electronic extraction of data on-line via third party software (NOTE:

emsCharts1 is the current NPS vendor for on-line Personal Care Reports (ePCRs)).

Review NPS EMS documentation standards and procedures and provide recommendations in order to assure compliance with applicable billing regulations and to achieve an effective and efficient cost recovery work-flow.

3.0.2 Program Cost Recovery Profile Establishment

Establishment of reporting systems that meet the requirements outlined in this document.

3.0.3 Individual Task Order Establishment

Train EMS personnel at individual park units on cost recovery requirements and how to facilitate the procedures for developing and processing claims for EMS rendered by NPS EMS providers.

Training may be completed through a variety of mediums to be agreed upon by the Vendor and each individual park units; specific training will be addressed in individual task orders.

Completion and Submission of Medicare and Medicaid Provider Enrollment Applications as deemed necessary by individual park units.

Establishment of any contract accounts with Insurance providers as designated by individual park units.

Payments received electronically via methods such as pay.gov, ACH or other individual park units identified electronic payment methods.

1 https://www.emscharts.com

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3.0.4 Cost Recovery – Billing

The Vendor will provide the following services on an ongoing basis for participating units of the NPS EMS program:

Assignment of the ICD-9/10 (International Classification of Diseases) diagnostic codes per patient’s medical record by a National Association of Ambulance Coders (NAAC) certified coder.

Submission of HIPAA (Health Insurance Portability and Accountability Act) compliant claim forms to both contracted and non-contracted primary third-party payers on a regular and agreed upon schedule.

Submission of claims to secondary and tertiary insurance companies, as applicable.

Review of Explanation of Benefits (EOB) forms received from third party payers.

Submission of bills to patients, as applicable.

Continued processing of bill until payment is received in full or until part or all of the bill is handled through the hardship process, written off, or submitted for federal collections.

Track/post all accounting items, including the following:

Initial charges Bills issued Insurance payments and adjustments Patient responsibilities and payments Write-offs (hardship, inability to locate patient for payment, etc.)

Accounts forwarded to NPS for Federal Treasury Collections

The Vendor may be required to obtain insurance information from patients, or from a medical facility that treated the patient.

Document/archive all communications with patient, insurer, individual parks, NPS EMS and other entities involved in the billing, collection and reimbursement processes.

Follow-up, appeal and/or re-submit all claims which are pending or inappropriately denied.

Submission of disputed charges and requests for hardship waivers or discounts to originating units for resolution, when disputes require attention beyond the standard procedures, which shall be provided by

NPS EMS.

Generation and delivery of financial reports to NPS EMS.

Maintenance of strict confidentiality of all information supplied by NPS EMS or any of its participating units or any other public or private entity on NPS EMS’ or any of its participating units’ behalf. Release of such information is granted only as needed for reimbursement purposes and as regulated by HIPAA.

The return to parks, upon termination of the contract, all print and electronic records.

4.0 Place of Performance

The Vendor will conduct all day to day operations at the Vendor’s site. There may be irregular need for the vendor to access an NPS site; travel and other preparations for these instances will be coordinated in line with the guidance in this document.

5.0 Contract Terms and Management

Period of Performance The anticipated TO Period of Performance will be 10/30/2020 – 10/29/2025 [Base Year with four (4) option years].

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6.0 Quality Control and Assurance

According to the Inspection of Services clause, Federal Acquisition Regulation (FAR) 52.246-4, dated Aug 1996, the Government will evaluate the Contractor’s performance under this contract.

The contractor shall provide and dynamically maintain a quality control plan (QCP), acceptable to the Government, for measuring, tracking, analyzing, reporting, and implementing preventive and corrective actions required to meet the performance standards. The plan shall emphasize deficiency prevention over deficiency detection and correction. The plan shall detail the contractor’s partnering approach with the Government. The Quality Control Plan shall include:

• Methods to measure actual performance against performance standards.

• Control and audit procedures to identify areas adversely affecting contract performance.

• An approach to continuously improve quality and timeliness.

• Problem identification and resolution process and a method for monitoring corrective action.

Vendor personnel shall observe all internal and Privacy Act regulations which apply to this requirement, the agency, and the Government.

7.0 Quality Assurance Surveillance Plan (QASP)

According to the Inspection of Services clause, Federal Acquisition Regulation (FAR) 52.246-4, dated Aug 1996, the Government will evaluate the contractor's performance under this contract.

Contractor Employees: The contractor shall provide highly qualified and motivated individuals who possess the skills, knowledge and training to perform the services required by this contract. The personnel shall be capable of working independently and with a demonstrated working knowledge of project management best practices as defined by the Project Management Institute’s Project Management Book of Knowledge. The Vendor’s main project contact and all members of the Vendor’s technical team on the project shall be fluent when both speaking and writing in the English language.

The Vendor is responsible for delivering services in conformance to the task order. The Government inspects tendered services and either accepts or rejects services based on the terms and conditions of the contract/task order. In performing both vital roles, the contractor will jointly plan and coordinate work and associated deliverables, timelines, and deadlines with the COR, and other members as designated by the Contracting Officer to establish standards and expectations of the Vendor’s efforts.

8.0 Close-out of Task Orders

Due to the variable and at times lengthy time from bill submission to collection within the U.S. healthcare and insurance system, the Vendor shall continue collection and processing per the terms and conditions of the order for 180 business days after the conclusion date of the order. The NPS shall not submit any new bills for collection to the Vendor after the conclusion date of the order. NPS payment to the Vendor shall also continue until 180 days after the order close out date, per the terms and conditions of the order.

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At the conclusion of 180 days, the Vendor shall provide the NPS any and all information obtained by the Vendor for each client with outstanding bills and or payment plans. Payment from clients received by the Vendor after the 180-day period should be returned to the client with instructions from the Vendor on new payment submission processes provided by the NPS. The NPS could also negotiate with the Vendor an individual client payment plan to process outstanding bills/payments.

9.0 Contracting Officer’s Representative (COR)

The COR will be identified in a separate letter for the base IDIQ contract. A separate COR will be assigned for each individual task order. The COR monitors all technical aspects of the contract and assists in contract administration.

The COR is authorized to perform the following functions: assure that the Vendor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance;

maintain written and oral communications with the Vendor concerning technical aspects of the contract;

issue written interpretations of technical requirements, including Government drawings, designs, specifications; monitor Vendor’s performance and notify both the Contracting Officer and Vendor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Vendor personnel. A letter of designation issued to the COR, a copy of which is sent to the Vendor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting contract and any task orders placed against said contract.

10.0 Key Personnel

Key personnel from the Vendor are to include:

a) A Project Manager to act as a primary point of contact

b) Certified Ambulance Coders (CAC)

The Vendor shall provide notification of all key personnel changes to the task order COR as well as an explanation for the change.

The Vendor shall provide key personnel with the ability to speak, read, and write in fluent English.

Key Personnel from the Government will include:

a) Base IDIQ CO

b) Base IDIQ COR

c) Individual TO CO

d) Individual TO COR

Document Title Emergency Ambulance Billing Page 9 of 57

e) TO EMS coordinator, if not the TO COR

The Contractor shall assign to this contract the following key personnel:

Project Manager Certified Ambulance Coders (CAC)

During the first 90 calendar days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90 calendar day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 calendar days prior to making any permanent substitutions.

The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. This clause will be modified to reflect any approved changes of key personnel.

(End of clause

11.0 Data

All communications, written or electronic, to and from the Vendor will be compliant with all HIPAA standards. All supporting documentation, manuals, reports, and other documentation materials produced by the Vendor as part of this contract shall become the property of the Government.

12.0 Confidentiality and Non-Disclosure

Contractor-generated preliminary and final deliverables, all associated working papers, and other materials relevant in the performance of individual Task orders subject to the limitations in FAR Clause 52.227-17 Rights in Data – Special Works and must be submitted to the IDIQ Task Order Contracting Officer with copy to the designated COR.

All documents produced as deliverables for any projects under this IDIQ contract shall not be used, released, reproduced, distributed, or published without written permission of the Contracting Officer.. All project documentation (deliverables, not Contractor working papers unless specifically required in the IDIQ Task Order) shall be provided as required

Personnel working on any of the described tasks, at the Government’s request, will be required to sign formal non-disclosure and/or conflict of interest agreements to guarantee the protection and integrity of Government and/or Contractor information and documents. The Contractor shall not release, communicate or otherwise disseminate information to any other parties without the written consent of the IDIQ Task Order Contracting Officer.

13.0 Standards of Conduct

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The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity and shall be responsible for taking such disciplinary action with respect to his employees as may be necessary.

The CO, or his authorized representative (COR), may require dismissal from work any employee who does not meet any of the above standards or is identified as a potential threat to the health, safety, security, general well-being or operational mission of the facility, building population or the Government.

14.0 Travel

Approved allowable and allocable travel costs associated with the performance of the Task Orders will be reimbursed. Contractor costs incurred for travel will be considered reasonable and allowable only to the extent they do not exceed on a daily basis the maximum per diem rates in effect at the time of travel as set forth in the Federal Travel Regulations (FTR). As such, estimated allowable and allocable travel costs shall be included in each Task Order when travel is anticipated. Costs incurred for transportation and per diem (lodging, meals and incidental expenses) will be billed in accordance with the regulatory implementation of Public Law 99-234, FAR 31.205-46 Travel Costs. These costs are directly reimbursable, if specifically authorized in the IDIQ Task Order.

The Contractor shall notify the IDIQ Task Order Contracting Officer Representative and copy the Contracting Office (& obtain pre-approval) in the Task Order proposal of the requirement for reimbursement of transportation and per diem expenses, prior to traveling.

The Government shall not be charged G&A fees for any travel. Contractors shall be reimbursed only for incurred costs at or below the “not to exceed” amount specified on the Task Order. Costs for transportation, lodging, meals, and incidental expenses incurred by Contractor personnel on official company business are allowable subject to the limitations contained in FAR 31.205-46 Travel Costs.

15.0 Government Furnished Property

There will be no Government Furnished Property for the overall IDIQ.

16.0 Invoicing

Invoicing under this IDIQ will occur in accordance with Local Clause Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (APR 2013) and the requirements in FAR 52.212-4 Contract Terms & Conditions – Commercial Items. Each Task Order will contain a payment schedule that will separate the work into discrete deliverables and identify amounts which may be invoiced for upon Government acceptance.

17.0 Contract Points of Contact

Individual Task Orders will be administered by the Contracting Office issuing the order. The contracting officer below will be responsible for administering and any overall concerns under the IDIQ:

IDIQ Contracting Officer’s Representative: IDIQ Contracting Officer:

National Park Service National Park Service

Visitor Resource Protection Washington Contracting Office

Attn: TBD Attn: Jennifer Dansby

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Phone: Phone: 303-969-2755

Jaime_Mijares@nps.gov

The Contractor's designated Project Manager/Account Representative for this contract is:

TO BE INSERTED UPON ISSUANCE OF AWARD

The Project Manager/Account Representative 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 Project Manager shall have full authority to act for the Contractor in the performance of the required services. The Project Manager, or a designated representative, shall meet with the COR to discuss problem areas as they occur. The Project Manager/Account Representative or designated representative shall respond within four hours after notification of the existence of a problem.

18.0 Post Award Conference

The Contractor shall schedule a meeting with the Government COR, and the Contracting Officer within five

(5) working days of contract award, before performance commences under this contract. This meeting will be conducted to identify primary points of contact, scope of efforts, and projected task(s). This meeting may take place in person or through a scheduled conference call.

19.0 Reporting Requirements

19.1 Monthly reports reflecting claims submitted, with relevant information, including but not limited to, date, time and to who the claims were submitted, status of claims submitted in the previous month, and the balance remaining on the contract will be required for each TO and will be sent to the TO COR for review. Monthly reports will be submitted by the 5th business day of each month.

19.2 Quarterly reports will be submitted to the IDIQ COR and will include the following; list of NPS EMS units with current TO in place, amount of claims submitted for each NPS EMS unit during the quarter, the net amount billed and the percentage of monies received, and balance remaining on each task order. Quarterly reports will be submitted by the fifth business day of each new quarter for the previous one (January, April, July, and October).

19.3 All reports will be submitted electronically unless otherwise specified.

20.0 Ordering Period

The period of performance for this IDIQ contract shall include a one-year base period plus four (4) one-year option periods and is anticipated as follows:

Base Period 10/30/2020-10/29/2021

Option Period One (1) 10/30/2021-10/29/2022

Option Period Two (2) 10/30/2022-10/29/2023

Option Period Three (3) 10/30/2023-10/29/2024

Option Period Four (4) 10/30/2024-10/29/2025 mailto:Jaime_Mijares@nps.gov

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PART B – COMMERCIAL CONTRACT CLAUSES

As indicated in Block 27a of the SF1449, FAR Clause 52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018) applies to this solicitation and is incorporated by reference.

Addenda to 52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018)

Addendum 1.0: Schedule of Supplies and Services Fixed Price orders with ceiling amounts will be issued against this IDIQ contract for the services specified in each task order. Task order pricing shall be calculated based fixed unit rates as agreed to in the IDIQ no greater than those set forth in Attachment 1 – Pricing Schedule. Task order coordination and handling fees are not permitted. Task order pricing below the rates established In Attachment 1 – Pricing Schedule is encouraged and permissible under this contract.

ODCs that are required to perform the requirements of individual task orders shall be identified and the price negotiated prior to task order award.

Task Orders may include items not pre-priced within this contract (also referred to as open market items) if all applicable acquisition regulations pertaining to the purchase of the items have been followed and the ordering activity Contracting Officer has determined the price for the items is fair and reasonable.

Travel Costs (air travel, rental car Fuel, Insurance, mileage, lodging, meals & incidentals): Prices shall be calculated in accordance with Federal Travel Regulations. Prices shall be calculated based upon anticipated commercial rates at the time and location of travel. See www.gsa.gov/federaltravelregulation for additional information.

Addendum 2.0: Additional Clauses Incorporated by Reference

52.225-2 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/these address:

http://www.acquisition.gov http://www.acquisition.gov/

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CLAUSES INCORPORATED BY REFERENCE

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014 52.237-7 Indemnification and Medical Liability Insurance JAN 1997 52.232-18 Availability of Funds APR 1984

Addendum 4.0 Additional Clauses Incorporated by Full Text

52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 09/24/2020 through 09/23/2021 and period of performance covered in exercising any option on the IDIQ.

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

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

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

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

(3) If sent electronically, the Government either—

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

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

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

(End of clause)

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $10,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $100,000.00;

(2) Any order for a combination of items in excess of $2,000,000.00; or

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

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 15 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

52.216-22 INDEFINITE QUANTITY (OCT 1995)

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

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

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after one year after the final ordering period.

(End of Clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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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 from the current completion date.

(End of clause)

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 within 30 days before the contract expires; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 five years.

(End of clause)

Addendum 3.0 Department of the Interior Local Clauses

1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting

Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

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(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum.

The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph

(e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the

COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

(End of clause)

1452.237-70 INFORMATION COLLECTION – DEPARTMENT OF THE INTERIOR (JUL 1996)

If performance of this contract requires the contractor to collect information on identical items from ten or more public respondents, no action shall be taken or funds expended in the solicitation or collection of such information until the contractor has received from the Contracting Officer written notification that approval has been obtained from the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1980. The Contractor agrees to provide all information requested by the Contracting Officer which is necessary to obtain approval from OMB.

(End of clause)

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING

PLATFORM (IPP) (APR 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

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"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

An invoice in accordance with the clause at FAR 52.212-4(g) Invoice, containing the elements identified at (1) (i) through (x).

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Template)

NOTICE TO CONTRACTORS - CONTRACTOR PERFORMANCE ASSESSMENT REPORTING

SYSTEM (DEC 2015)

FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO).

Information in the report must be protected as source selection sensitive information not releasable to the public.

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html

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When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.

Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.

All information provided should be reviewed for accuracy prior to submission.

If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date).

The contractor neither signed nor offered comment in response to this assessment."

The following guidelines apply concerning your use of the past performance evaluation:

Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.

Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

(End of Notice) https://www.cpars.gov/ https://www.cpars.csd.disa.mil/ https://www.cpars.gov/

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FAR CLAUSE 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders – Commercial Items (OCT 2019)

(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 Reqiring 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 2019) (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:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 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 (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

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