Solicitation_70Z02320RP1C00000_2020-08-05.pdf

SOLICITATION: 70Z02320RP1C00000

U. S. COAST GUARD

EXTERNAL ACCREDITATION

Table of Contents

SECTION A – STANDARD FORM (SF) 1449

SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449

B.1. SUBMISSION OF INVOICES (CONTINUATION OF BLOCK 18b)

B.2. PERFORMANCE WORK STATEMENT (CONTINUATION OF BLOCK 20)

SECTION C - CONTRACT CLAUSES

C.1 CLAUSES INCORPORATED BY REFERENCE

C.2. CLAUSES INCORPORATED BY FULL TEXT

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

ATTACHMENT 1 – PRICE BREAKOUT SCHEDULE

ATTACHMENT 2 – PAST PERFORMANCE QUESTIONNAIRE

SECTION E - SOLICITATION PROVISIONS

E.1 PROVISIONS INCORPORATED BY REFERENCE

E.2. ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS

E.3 ADDENDUM TO 52.212-2 EVALUATION-COMMERCIAL ITEMS

E.4 PROVISIONS INCORPORATED BY FULL TEXT

E.5 NOTICE FOR FILING AGENCY PROTESTS

Solicitation: 70Z02320 R P1C00000

SECTION A - STANDARD FORM (SF) 1449

SECTION B - CONTINUATION OF SF 1449 – BLOCKS 18b and 20

B.1. SUBMISSION OF INVOICES (CONTINUATION OF BLOCK 18.b)

INVOICE SUBMISSION INSTRUCTIONS

(a) Each invoice shall contain the following information:

Contract Number

Name of the Contract Specialist or Contracting Officer

Invoice Routing Code (IRC) provided in paragraph (b) below.

Annotate on the invoice indicating that the contractor represents a Small

Business for accelerated payment purposes

DUNS number

(b) The Coast Guard unique Invoice Routing Code (IRC) for this contract is: CG-9121.

(c) Each invoice must be submitted to the designated billing office via one of the following modes listed in descending order of preference:

(1) FINCEN Website invoice receipt form:

http://www.fincen.CG.mil/centralinv/central_inv_contr.cfm

(2) Mailed to: Commercial Invoices

U.S. Coast Guard Finance Center

1430A Kristina Way

Chesapeake, VA 23326

(d) To facilitate processing, all proper invoices and any supporting information submitted electronically using the Finance Center (FINCEN) web based invoice submission capability must be submitted as a single Adobe .pdf formatted file, or as otherwise specified in the contract.

(e) It is mandatory that a copy of the invoice, and all supporting documentation, shall also be e-mailed to the Contract Specialist and the Contracting Officer’s Representative (COR).

(Contract Specialist and COR will be named at the time of award.)

(f) In accordance with the Prompt Payment Act, for the purposes of determining a payment due date and the date on which interest will begin to accrue if a payment is late, a proper invoice shall be deemed to have been received:

(1) On the later of:

(i) For invoices that are mailed the date a proper invoice is actually received by the designated billing office and annotates the invoice with date of receipt at the time of receipt.

(ii) For invoices electronically transmitted by the contractor via web based submission, the date a transmission is received by the designated billing office, and receipt confirmation is provided to the designated recipient; or http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

(ii) The seventh day after the date on which the property is actually delivered or performance of the services is actually completed; unless—

a) The agency has actually accepted the property or services before the seventh day in which case the acceptance date shall substitute for the seventh day after the delivery date; or

b) A longer acceptance period is specified in the contract, in which case the date of actual acceptance or the date on which such longer acceptance period ends shall substitute for the seventh day after the delivery date;

(2) On the date placed on the invoice by the contractor, when the agency fails to annotate the invoice with date of receipt of the invoice at the time of receipt (such invoice must be a proper invoice); or

(3) On the date of delivery, when the contract specifies that the delivery ticket may serve as an invoice.

(4) Web-based submission by the contractor and receipt confirmation does not reflect

Government review or acceptance of the invoice.

(5) Payment inquiries and status may be obtained - at the following website:

https://www.fincen.CG.mil/secure/payment.htm

(g) The last invoice submitted for this award shall be clearly labeled, “FINAL INVOICE.”

https://www.fincen.uscg.mil/secure/payment.htm

B.2. PERFORMANCE WORK STATEMENT (Continuation of block 20)

PERFORMANCE WORK STATEMENT (PWS)

External Accreditation

Vision Statement

87% of the United States Coast Guard (USCG) clinics are fully externally accredited per federal and civilian standards of practice. The lack of external accreditation can impede the delivery of high quality health care. The USCG desires to have 100% all forty-two (42) clinics receive full external accreditation resulting in three (3) year certification for each site.

1 Introduction/Background

Under the direction of Health, Safety, and Work-Life Service Center (HSWL SC), the USCG ambulatory health care clinics are responsible for achieving external accreditation through a civilian accreditation agency with national and state recognition. The USCG operates 42 ambulatory health care clinics throughout the contiguous United States, as well as Alaska, Hawaii, and Puerto Rico, offering outpatient medical, dental, and vision care, as well as pharmacy, radiology and laboratory services. Specifically, the types of care provided include outpatient medicine utilizing the patient centered wellness home model, aviation medicine, preventive medicine, physical therapy, optometry, dentistry, gynecology, occupational medicine and dental anesthesiology.

The number of medical professionals (e.g., doctors, dentists, pharmacists, optometrists, physician assistants, nurse practitioners, registered nurses) providing care and services at each clinic ranges from one (1) to thirty (30), with an average of five (5) credentialed and/or privileged personnel at each location.

The USCG operates one health care facility that provides overnight health care. The clinic at Training

Center Cape May, New Jersey, includes a 25-bed ward for the recruits and active duty members with mild to moderate illnesses requiring overnight treatment. Currently the USCG does not have an electronic health record at every location.

1.1 Mission

In accordance with the Defense Health Agency (DHA) and the Department of Defense (DoD) Directives, health care clinics that provide care to Department of Defense (DoD) beneficiaries are required to be accredited. Additionally, to ensure continued participation in TRICARE, USCG clinics must be externally accredited. USCG Headquarters is responsible for maintaining a central repository for all credentials and privileges for USCG health care personnel and facilities. The HSWL SC is responsible for maintaining a central repository for all USCG health care facility accreditations. Approximately 9-15 accreditation surveys are required annually to ensure all USCG clinics remain accredited.

1.2 Scope

The purpose of this Contract is to obtain external accreditation services for the 42 ambulatory health care clinics located across the USCG enterprise in the United States and applicable territories.

2 General Requirements

The USCG requires Contractor employees and surveyors be familiar with current Coast Guard Medical

Manual (current version COMDTINST M6000.1F), HSWLSCTD 2016-008: Patient Event Reporting

Template (PERT), and all other instructions relating to credentialing and privileging, peer review process, etc. as carried out per USCG established policy and HSWL SC Technical Directives (HSWLSCTD).

2.1 Non-Personal Services

The Government shall neither supervise Contractor employees nor control the method by which the

Contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual Contractor employees. It shall be the responsibility of the

Contractor to manage its employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the Contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the Contractor's responsibility to notify the

Contracting Officer (KO) immediately.

2.2 Business Relations

The Contractor shall successfully integrate and coordinate all activity needed to execute the requirement.

The HSWL SC will be the primary point of contact for the Contractor. Meetings will take place between

0900-1600 ET. Survey schedules are to be arranged with the HSWL SC at least six (6) months in advance of a scheduled survey. The applications for survey will be the responsibility of the individual clinics.

Should the clinic not complete the required application one month prior to survey, the HSWL SC shall be notified. The Contractor shall manage the timeliness, completeness, and quality of survey. Should there be a concern; a grievance policy shall be available. All survey results will be remitted to the HSWL SC for review and dissemination to the individual clinics with the certificates and handbooks being forwarded directly to the individual clinics. The HSWL SC shall also receive access to or be provided a copy of the current handbook. The Contractor shall seek to ensure customer satisfaction and professional and ethical behavior of all Contractor personnel.

2.3 Contract Administration and Management

The USCG requires Contractor support/Key Personnel to complete the accreditation process. To remain current in standards, the USCG requires the Contractor to provide annual Accreditation Handbook to be distributed to each clinic, USCG Headquarters Medical and HSWL SC and training to ensure that clinics are successful in maintaining the standards which the Contractor uses to measure the clinics in the survey process.

The USCG requires Contractor employees and surveyors become familiar with current USCG policy, instructions, Technical Directives (TD), and other requirements pertaining to medical care, credentialing and privileging, peer review process, etc. Current USCG policies and instructions can be reviewed on the following link: https://www.dcms.uscg.mil/Our-Organization/Assistant-Commandant-for-C4IT-CG-

6/The-Office-of-Information-Management-CG-61/About-CG-Directives-System/Commandant-

Instruction-Manuals/. Technical directives can be provided upon award.

2.3.1 Contract Management

The Contractor shall provide technical advice and feedback during and after each survey to assist the

USCG in continuously improving health care for USCG personnel. The Contractor, however, has no authority to alter the current USCG policy, instructions, and directives.

2.3.2 Contract Administration

The Contractor shall establish processes and assign appropriate resources to effectively administer the requirement. The Contractor shall respond to Government requests for contractual actions in a timely fashion. The Contractor shall have a single point of contact between the Government and Contractor personnel assigned to support this Contract. The Contractor shall assign work effort of the personnel assigned to work on the requirement.

2.3.3 Personnel Administration

The Contractor shall provide the following support as required. The Contractor shall not conduct surveys during designated Government non-work days or other periods where Government offices are closed due to weather or security conditions. The Contractor shall maintain the currency of their employees by providing initial and refresher training on USCG policies and procedures as required to meet the PWS requirements. The Contractor shall make necessary travel arrangements for employees. The Contractor shall provide necessary infrastructure to support Contract tasks and ensure that each surveyor has completed annual Health Insurance Portability and Accountability Act (HIPAA) training.

2.5 Contractor Personnel, Disciplines, and Specialties

The Contractor shall provide qualified personnel to perform all requirements specified under this Contract in accordance with the contracting company’s hiring practices for surveyors to include experience in conducting surveys in small government healthcare facilities. The Contractor shall not employ any person who is an employee of the United States Government. As it would cause a conflict of interest. Surveyors should be knowledgeable or familiar in accessing USCG websites for documents. Including the Coast

Guard Medical Manual, instructions and technical directives provided by the USCG to its health care facilities in matters related to the survey process. An annual surveyor webinar will be conducted by the

HSWL SC to provide updates on USCG policies, procedures and program updates.

2.6 Location and Hours of Work

The Contractor shall conduct survey activities (e.g., interviews, site surveys) involving clinic staff members between the hours of 0800 and 1600 (local time) Monday through Friday, except Federal holidays or when the clinic is closed due to security or weather concerns. The Contractor shall coordinate all survey activities in advance with designated USCG personnel at each clinic locations.

2.7 Key Personnel

Before replacing any individual designated as Key by the Government, the Contractor shall notify the

Contracting Officer no less than ten (10) working days in advance, submit written justification for replacement, and provide the name and qualifications of any proposed substitute(s). All proposed substitutes shall possess qualifications equal to or superior to those of the Key person being replaced. The

Contractor shall not replace Key Contractor personnel without written consent from the Contracting

Officer. The Key Personnel for this requirement are the Program Manager and Surveyors.

3 Performance Requirements

The purpose of this Contract is to obtain external accreditation services for the 42 ambulatory health care clinics located across the USCG enterprise in the United States and applicable territories.

3.1 Provide external accreditation for all USCG clinics.

Performance Standards

a) Standard: There are no gaps in accredited status for each clinic (unless the Government causes the delay or gap; e.g., a clinic fails to achieve accreditation).

Acceptable Quality Limit (AQL): No deviation acceptable.

Deliverables

A002 - Individualized Survey Report

A004 - Accreditation Certificate

A007 - Quality Report

3.1.1 The Contractor shall conduct accreditation surveys.

Performance Standards

a) Standard: Clinics due for survey in a given option year are scheduled at the beginning of that option year in coordination with the HSWL SC to allow clinics the ability to ensure mission essential personnel are available during that survey period. The Contractor is expected to complete these surveys on time unless prior approval given by program office or the USCG causes the delay.

AQL: Delay allowed if prior approval received from USCG Program Office and an extension of the current accreditation term is granted with no additional cost to the

USCG.

A001 - Accreditation Survey

3.1.1.1 The Contractor shall be knowledgeable about the operation of small government run clinics.

a) Standard: Verifiable via past performance from similarly sized organizations.

AQL: No deviation.

3.1.1.2 The Contractor shall be able to provide services to clinics without an electronic medical record.

a) Standard: Contractor must allow clinics to be accredited without an electronic health record.

3.1.1.3 The Contractor shall provide survey reports to the program office for review within

30 days of the completed survey.

a) Standard: Provide survey reports to the program office.

AQL: Must be received by the program office within 30 days of the completed survey.

A002 - Individualized Survey Report

3.1.2 The Contractor shall provide access (either electronic or paper copy) to the organization's handbook to each clinic annually or as the handbook is updated.

a) Standard: Each clinic is to receive a copy of the handbook annually or as the handbook is updated. This can be either electronic or via paper copy.

AQL: If the handbook is provided via paper copy, the handbook can be mailed at the beginning of the option year to the clinics that are pending survey during that option year.

The HSWL SC should have the most current copy of the handbook at all times.

A003 - Accreditation Handbook

3.1.2.1 The Contractor shall have a grievance policy/protocol available.

3.1.3 The Contractor shall provide each clinic with an accreditation certificate for display and records upon successful completion of an accreditation survey.

a) Standard: Timely presentation of certificates for display.

AQL: Within 30 days of completion of survey.

A004 - Accreditation Certificate

3.2 Provide advice and expertise for USCG clinics.

3.2.1 The Contractor shall provide training for clinic personnel to be successful in external accreditation.

3.2.1.1 The Contractor shall conduct three (3) webinars or one live training annually at the discretion of the government.

a) Standard: Three (3) webinars (or one (1) live training if exercised at beginning of option year) will be arranged to provide training to the entire enterprise annually at the beginning of the option year. The webinar topics will require prior approval from the Contracting Officer’s

Representative (COR)/Program Office and should be designed to ensure clinics have the latest information on topics designed to lead to successful accreditation.

AQL: Webinars must include topics relevant to the USCG and aid in successful outcomes.

A005 - Webinar

A006 - In-person training

3.2.2 The Contractor shall be available for communication with the government between the hours of 0800-1630 ET.

3.3 Compose and deliver quarterly quality report on USCG clinics for program office.

a) Standard: Provide quarterly quality reports to the program office.

AQL: Must be received by the program office within 60 days of the close of the quarter.

A007 - Quality Report

3.3.1 The fourth quarter quality report shall be a consolidated annual report to the program office.

a) Standard: Provide annual quality reports to the program office. This shall be a combination of the 4th quarter report along with the annual review.

AQL: Must be received by the program office within 60 days of the close of the performance period.

A008 - Annual Quality Report

4.1 Security and Safety

Contractor access to classified information is not currently required under this performance work statement. Therefore, at this time, Contractor employees are not required to have a Secret Clearance.

However, the Contractor shall be knowledgeable on HIPAA Rules and Regulations and their employees

(surveyors) are required to have completed all necessary training required under the HIPAA Rules and

Regulations. Additionally, the Contractor shall not have unescorted or unaccompanied access into locked files or files requiring password access. Information review by the Contractor in these files shall not be shared with other than the Government, specifically the USCG HSWL SC.

4.3 Government Furnished Materials

The Government will make available the materials, office space, communications capability and information to complete the accreditation survey during the survey process for each clinic for use by the

Contractor in the performance of this Contract.

4.6 Quality

This section describes the Quality Control components for this effort. The following sub-sections provide details of various considerations on this effort.

4.6.1 Quality Control

The Contractor shall develop a Quality Control Program (QCP) to maintain an effective quality control standard to ensure services are performed in accordance with this PWS. The Contractor's QCP is the means by which they assure the Government that their work complies with the requirement of the

Contract.

The finalized QCP will be accepted by the Government at the time of the award of the Contract. The

Contracting Officer may notify the Contractor of required modifications to the plan during the period of performance. The Contractor then shall coordinate suggested modifications and obtain acceptance of the plan by the Contracting Officer. Any modifications to the program during the period of performance shall be provided to the Contracting Officer for review no later than ten (10) working days prior to effective date of the change. The QCP shall be subject to the Government's review and approval. The

Government may find the QCP "unacceptable" whenever the Contractor's procedures do not accomplish quality control objective(s). The Contractor shall revise the QCP within ten (10) working days from receipt of notice that QCP is found "unacceptable."

5 Deliverables

The Contractor shall provide deliverables as described in subsequent modifications. Deliverables shall be specified by the government. Format and delivery schedule for deliverables shall be outlined in the

Contract Data Requirements List below.

Number Name Frequency Quantity

A001 Accreditation Survey: Every 3 years 1 Per clinic

Survey of USCG clinics (see clinic roster

Appendix A) for accreditation.

(42 clinics)

A002 Individualized Survey Report Every 3 years 1 Per clinic

A003 Accreditation Handbook:

Additional 2 copies to the Health, Safety and

Annually or as updated

1 Per clinic

Work-Life Service Center

A004 Accreditation Certificate: Every 3 years 2 Per clinic

Certification for display and one for records

A005 Webinar Annual 3 Per option year

A006 In-Person Training: Annual 1 Per option

Instead of annual webinar training at government's request.

(as requested) year

A007 Quality Report Quarterly 3 Per option year

A008 Annual Quality Report Annual 1 Per option year

6 Related Documents

The following documents are related to this project.

Appendix A - 2020 Clinic Verification

Appendix B - HSWLSCTD 2016-008: Patient Event Reporting Template (PERT)

Appendix C - HSWLSCTD 2018-013: Quality Improvement Focus Group (QIFG)

Appendix D - COMDINST M6000.1F (AUG 2014): Coast Guard Medical Manual

Appendix A - 2020 Clinic Verification

District Clinic Name

D1 USCG Base Cape Cod Kaehler Memorial Clinic

D1 USCG Sector New York Clinic

D1 USCG Base Boston Clinic

D5 USCG Base Portsmouth Clinic

D5 USCG Base Elizabeth City Clinic

D5 U.S. Coast Guard Training Center Yorktown

D7 Sector Key West Clinic

D7 USCG Base San Juan Clinic

D7 U.S. Coast Guard Air Station Clearwater Clinic

D7 USCG Sector St. Petersburg Clinic

D7 USCG Base San Juan Detachment Borinquen Clinic

D7 USCG Air Station Miami Clinic

D7 USCG Air Station Savannah Clinic

D7 USCG Base Miami Beach Clinic

D7 USCG HITRON Clinic

D8 USCG Base New Orleans Clinic

D8 USCG ATC Mobile Clinic

D8 USCG Sector Houston/Galveston Clinic

D8 USCG Air Station Corpus Christi Clinic

D9 USCG Air Station Traverse City Clinic

D9 USCG Air Station Detroit Clinic

D11 USCG Base LA/LB Clinic

D11 USCG Sector San Diego Clinic

D11 U.S. Coast Guard Base Alameda Clinic

D11 USCG Sector Humboldt Bay Clinic

D11 USCG TRACEN Petaluma Clinic

D11 USCG Air Station Sacramento Clinic

D13 U.S. Coast Guard Air Station Port Angeles Gershowitz Clinic

D13 U.S. Coast Guard Base Seattle Clinic

D13 USCG Sector North Bend Clinic

D13 USCG Sector Columbia River Clinic

D14 USCG Air Station Barbers Point Clinic

D14 USCG Base Honolulu Clinic

D17 USCG Base Ketchikan Clinic

D17 USCG Base Kodiak, Rockmore-King Clinic

D17 USCG Air Station Sitka Clinic

D17 USCG Base Ketchikan-Juneau Clinic

RP Cape May USCG TRACEN Cape May, Samuel J. Call Clinic

RP Cape May USCG Air Station Atlantic City Clinic

RP NCR USCG Base NCR Clinic

RP NCR USCG Yard Clinic

RP New London U.S. Coast Guard Academy Clinic

Appendix B – (due to file size document attached)

Appendix C – (due to file size document attached)

Appendix D – (due to file size document attached)

Performance Requirement Summary (PRS)

Sections Standards/AQLs Incentive/Remedy

3.1 Provide external

accreditation for all

USCG clinics.

a) There are no gaps in accredited status for each clinic (unless the

Government causes the delay or gap;

e.g., a clinic fails to achieve accreditation).

AQL: No deviation acceptable.

Feedback through the

Contractor Performance

Assessment Reporting

System (CPARS).

3.1.1 The Contractor shall

conduct accreditation surveys.

a) Clinics due for survey in a given option year are scheduled at the beginning of that option year in coordination with the HSWL SC to allow clinics the ability to ensure mission essential personnel are available during that survey period.

The Contractor is expected to complete these surveys on time unless prior approval given by program office or the USCG causes the delay.

AQL: Delay allowed if prior approval received from USCG Program Office and an extension of the current accreditation term is granted with no additional cost to the USCG.

Feedback through the

Contractor Performance

Assessment Reporting

System (CPARS)

3.1.1.1 The Contractor shall

be knowledgeable about the operation of small government run clinics.

a) Verifiable via past performance from similarly sized organizations.

Feedback through the

Contractor Performance

Assessment Reporting

System (CPARS)

3.1.1.2 The Contractor shall

be able to provide services to clinics without an electronic medical record.

a) Contractor must allow for clinics to be accredited without an electronic health record.

Assessment Reporting

System (CPARS)

3.1.1.3 The Contractor shall

provide survey reports to the program office for review within 30 days of the completed survey.

a) Provide survey reports to the program office.

AQL: Must be received by the program office within 30 days of the completed survey.

Assessment Reporting

System (CPARS)

3.1.2 The Contractor shall

provide access (either electronic or paper copy) to the organization's handbook to each

a) Each clinic is to receive a copy of the handbook annually or as the handbook is updated. This can be either electronic or via paper copy.

AQL: If the handbook is provided via paper copy, the handbook can be

Feedback through the

Contractor Performance

Assessment Reporting

System (CPARS) clinic annually or as the handbook is updated.

mailed at the beginning of the option year to the clinics that are pending survey during that option year. The

HSWL SC should have the most current copy of the handbook at all times.

3.1.3 The Contractor shall

provide each clinic with an accreditation certificate for display and records upon successful completion of an accreditation survey.

a) Timely presentation of certificates for display.

AQL: Within 30 days of completion of survey.

Assessment Reporting

System (CPARS)

3.2.1.1 The Contractor shall

conduct three (3) webinars or one live training annually as the discretion of the government.

a) Three webinars (or one live training if exercised at beginning of option year) will be arranged to provide training to the entire enterprise annually at the beginning of the option year. The webinar topics will require prior approval from the COR/Program

Office and should be designed to ensure clinics have the latest information on topics designed to lead to successful accreditation.

AQL: Webinars must include topics relevant to the USCG and aid in successful outcomes.

Feedback through the

Contractor Performance

Assessment Reporting

System (CPARS)

3.3 Compose and deliver

quarterly quality report on USCG clinics for program office.

a) Provide quarterly quality reports to the program office.

AQL: Must be received by the program office within 60 days of the close of the quarter.

Feedback through the

Contractor Performance

Assessment Reporting

System (CPARS)

3.3.1 The fourth quarter

quality report shall be a consolidated annual report to the program office.

a) Provide annual quality reports to the program office. This shall be a combination of the 4th quarter report along with the annual review.

AQL: Must be received by the program office within 60 days of the close of the performance period.

Feedback through the

Contractor Performance

Assessment Reporting

System (CPARS)

SECTION C – CONTRACT CLAUSES

C.1 - CLAUSES INCORPORATED BY REFERENCE:

FAR Clause

No.

Title and Date

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

52.232-25 Prompt Payment (JAN 2017)

HSAR Clause

No.

Title and Date

3052.209-70 Prohibition On Contracts With Corporate Expatriates (JUN 2006)

C.2 - CLAUSES INCORPORATED BY FULL TEXT. The following clauses are incorporated by full text:

52.203-17 -- Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights (Sept 2013) (DHS-USCG DEVIATION 14-01)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the enhancement of whistleblower protections for Contractor employees established at 10 U.S.C. 2409 by section 827 of the NDAA for FY 2013 (Pub. L. 112-239) and FAR

3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 10 U.S.C. 2409, as described in section 3.908 of the FAR.

(c) The Contractor shall insert the substance of this clause, including this paragraph ( c ), in all subcontracts over the simplified acquisition threshold.

(End of clause)

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders-

Commercial Items (Mar 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment. (Aug 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. 3805note)).

(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 (Sep 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 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American

Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct

2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

_x_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section

743 of Div. C).

_x_ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101note).

_x_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15

U.S.C.657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

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

__ (13) [Reserved]

__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (15 U.S.C.644).

__ (ii) Alternate I (Mar 2020).

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and

(3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Mar 2020) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Mar 2020) of 52.219-9.

__ (v) Alternate IV (Aug 2018) of 52.219-9

__ (18) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C.637(a)(14)).

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

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

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar

2020) (15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Mar 2020) (15

U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program (Mar 2020) (15 U.S.C.

637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.

644(r)).

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

_x_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_x_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020)

(E.O.13126).

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

_x_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

_x_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

_x_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

_x_ (33) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_x_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

_x_ (35) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and

E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989).

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

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated

Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (Jun 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s

13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015)

(E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_x_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug

2011) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

__ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

_x_ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (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, 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 (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

_x_ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (51) 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).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10

U.S.C. 2302 Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)

(42 U.S.C. 5150).

__ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41

U.S.C.4505, 10 U.S.C.2307(f)).

__ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10

U.S.C.2307(f)).

__ (57) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct

2018) (31 U.S.C. 3332).

__ (58) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management (Jul 2013) (31 U.S.C.3332).

__ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

__ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (62) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)

(46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

__ (iii) Alternate II (Feb 2006) of 52.247-64.

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

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

__ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and

41 U.S.C. chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41

U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42

U.S.C. 1792).

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

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

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

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

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

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph

(e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 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).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

(viii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212)

(xii) 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.

(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and

E.O 13627).

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

(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41

U.S.C. chapter 67).

(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

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

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

(B) Alternate I (Jan 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10

U.S.C. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42

U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 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.

(End of clause ADDENDUM to 52.212-5)

52.217-8 -- Option to Extend Services (Nov 1999)

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

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; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the

Government to an extension.

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

(c)The total duration of this contract, including the exercise of any options under this clause, shall not exceed 1 year.

52.252-2 -- Clauses Incorporated by Reference (Feb 1998)

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

52.252-6 -- Authorized Deviations in Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Homeland Security Acquisition Regulation (HSAR) /

Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

3052.212-70 -- Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items

(SEP 2012)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:

(a) Provisions.

__3052.209-72 Organizational Conflicts of Interest.

__3052.216-70 Evaluation of Offers Subject to An Economic Price Adjustment Clause.

__3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor Protege Program.

(b) Clauses.

__3052.203-70 Instructions for Contractor Disclosure of Violations.

__3052.204-70 Security Requirements for Unclassified Information Technology Resources.

_x_3052.204-71 Contractor Employee Access.

_x_Alternate I

_x_3052.205-70 Advertisement, Publicizing Awards, and Releases.

https://www.acquisition.gov/

__3052.209-73 Limitation on Future Contracting.

_x_3052.215-70 Key Personnel or Facilities. – Program Manager and Surveyors

__3052.216-71 Determination of Award Fee.

__3052.216-72 Performance Evaluation Plan.

__3052.216-73 Distribution of Award Fee.

__3052.217-91 Performance. (USCG)

__3052.217-92 Inspection and Manner of Doing Work. (USCG)

__3052.217-93 Subcontracts. (USCG)

__3052.217-94 Lay Days. (USCG)

__3052.217-95 Liability and Insurance. (USCG)

__3052.217-96 Title. (USCG)

__3052.217-97 Discharge of Liens. (USCG)

__3052.217-98 Delays. (USCG)

__3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair. (USCG)

__3052.217-100 Guarantee. (USCG)

__3052.219-70 Small Business Subcontracting Plan Reporting.

__3052.219-71 DHS Mentor Protege Program.

__3052.228-70 Insurance.

__3052.228-90 Notification of Miller Act Payment Bond Protection. (USCG)

__3052.228-91 Loss of or Damage to Leased Aircraft. (USCG)

__3052.228-92 Fair Market Value of Aircraft. (USCG)

__3052.228-93 Risk and Indemnities. (USCG)

__3052.236-70 Special Provisions for Work at…