Tab_14-Solicitation-Ergonomic_Consulting_(FedBizOps).pdf

CONTINUED ON NEXT PAGE

1.) Action Code: N/A

2.) Date: 31 August 2015

3.) Year: 2015

4.) Contracting Office Zip Code: 22060

5.) Classification Code: 541618

6.) Contracting Office Address: DLA CONTRACTING SERVICES OFFICE HQ CONTRACTING DIV, RM 1145 8725 JOHN J.

KINGMAN ROAD FORT BELVOIR VA 22060 USA

7.) Subject: Ergonomic Consulting Service

8.) Solicitation Number: SP4705-15-Q-0011.

9.) Closing Response Date: 13 September 2015, 5:00p.m. Eastern Standard Time.

10.) Contract Point of Contact: Major Xkoshan L. Arnold, 703-767-3714, xkoshan.arnold@dla.mil

11.) Description:

A.) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in 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.

B.) This solicitation is a Request for Quote (RFQ).

C.) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular: FAR, DFAR, and DLAD.

D.) This requirement is an unrestricted requirement.

E.) NACIS Code: 541618, Size Standard: $15,000,000.00

F.) Provision at 52.212-1, Instructions to Offerors—Commercial, applies to this acquisition and a statement regarding any addenda to the provision.

G.) The provision at 52.212-2, Evaluation—Commercial Items, applies to this requirement. Evaluation of offers is by ‘LOWEST PRICE TECHNICALLY ACCEPTABLE.’ All offerors must include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications—Commercial Items, with its offer.

H.) The clause at 52.212-4, Contract Terms and Conditions—Commercial Items, applies to this acquisition.

12.) EVALUATION FACTORS:

A.) Technical: Offers must meet or exceed the specifications in the solicitation and any subsequent amendments.

B.) Price: For offers which meet all other evaluation factors, award will be made to the low offeror based on price.

C.) Delivery: Offerors must meet the required delivery date or be able to start period of performance on the required period of performance.

D.) Responsibility: Offerors must meet the standard for FAR 9.104.

13.) Prospective awardee shall be registered in the System for Award Management (SAM.gov) database prior to award, during performance, and through final payment.

Ergonomic Consulting Services

Combined synopsis/solicitation for Ergonomic Consulting Service Solicitation Number: SP4705-15-Q-0011 Page 1 of 30

ITEM DESCRIPTION: Ergonomic Consulting Service-See Statement of Work (SOW)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

0001 12.000 MO $ ________________ $ ________________ Ergonomic Consulting Service

PRICING TERMS: Firm Fixed Price

ITEM DESCRIPTION: Ergonomic Consulting Service-See Statement of Work (SOW)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

1001 12.000 MO $ ________________ $ ________________ Ergonomic Consulting Service

PRICING TERMS: Firm Fixed Price

ITEM DESCRIPTION: Ergonomic Consulting Service-See Statement of Work (SOW)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

2001 12.000 MO $ ________________ $ ________________ Ergonomic Consulting Service

PRICING TERMS: Firm Fixed Price

ITEM DESCRIPTION: Ergonomic Consulting Service-See Statement of Work (SOW)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

3001 12.000 MO $ ________________ $ ________________ Ergonomic Consulting Service

PRICING TERMS: Firm Fixed Price

ITEM DESCRIPTION: Ergonomic Consulting Service-See Statement of Work (SOW)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

4001 12.000 MO $ ________________ $ ________________ Ergonomic Consulting Service

PRICING TERMS: Firm Fixed Price

Ergonomic Consulting Services

Solicitation Number: SP4705-15-Q-0011 Page 2 of 30

PERFORMANCE WORK STATEMENT

FOR

ERGONOMIC CONSULTING

1.0 SCOPE

This Performance Work Statement (PWS) covers all supervision, labor, services and material required to provide ergonomic assessments of workstations and consultation services to provide or recommend specialized equipment to meet the needs of employees within the McNamara Headquarters Complex (HQC) or other DLA Installation Support Fort Belvoir HQC Installation Management supported facilities within the National Capital Region.

1.1 PERIOD OF PERFORMANCE. The period of performance shall be for one (1) Base Year of 12 months and four (4) 12-month option years. The Period of Performance reads as follows:

Base Year Option Year I Option Year II Option Year III Option Year IV

1.2 QUALITY CONTROL. The contractor shall develop and maintain an effective quality control program (QCP) to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. The QCP is to be delivered within 30 days after contract award. Three copies of a comprehensive written QCP shall be submitted to the contracting officer (CO) and contracting officer’s representative (COR) within 5 working days when changes are made thereafter. After acceptance of the quality control plan the contractor shall receive the CO’s acceptance in writing of any proposed change to his

QCP.

1.2.1 QUALITY ASSURANCE. The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

2.0 SITE

The McNamara Headquarters Complex (HQC) is located at 8725 John J. Kingman Road, Fort Belvoir, Virginia, 22060. The HQC contains a 1.1 million square foot administrative McNamara Building, a 33,000 square foot Child Development Center, and a 16,000 square foot Material Receiving and Screening Facility. The population of the HQC is approximately 6,200.

CONTINUED ON NEXT PAGE

Ergonomic Consulting Services

Solicitation Number: SP4705-15-Q-0011 Page 3 of 30

During the period of this contract, additional facilities may be constructed on the HQC or acquired within the NCR and service to those spaces will be supported under this contract.

3.0 SERVICES

The contractor shall provide industry standard ergonomic assessment services for HQC Installation Management supported employees. Specific assignments within each task shall include, but not be limited to, the following services:

3.1 ERGONOMIC EVALUATIONS

3.1.1 Mini Evaluation: Intended for low MSD (musculoskeletal disorders) risk employees.

Contractor shall evaluate employee work environment and provide immediate recommendations for proper positioning of workspace equipment and posture. Evaluations are intended to be short in nature, lasting no longer than 20 minutes. The contractor shall provide a brief written report with recommendations that were provided to the employee.

3.1.2 Protective Evaluation: Intended for employees with MSD symptoms or those in high-risk jobs. Contractor shall provide a thorough assessment, estimated to last no longer than one hour.

Evaluation may result in immediate recommendations, proposed work environment modifications and/or equipment recommendations. Result of evaluation shall be recommendations or modifications which maximize the employees’ ability to work safely and injury free, as necessary to prevent further repetitive strain injuries. The contractor shall provide a detailed written report to include recommendations following the evaluation (Reference 8.2)

3.1.3 Post-Injury Evaluation: Conducted following a physician referral or request for a reasonable accommodation (RA) approved by Equal Employment. Contractor shall provide a thorough assessment of employee work environment, estimated to last no longer than one hour.

Evaluation may result in immediate recommendations, proposed work environment modifications and/or equipment recommendations. The contractor shall provide a detailed written report following the evaluation (Reference 8.2).

3.1.4 Follow-up Evaluations: Intended to ensure workstation recommendations and equipment modifications have been implemented properly. Length of evaluation is not intended to exceed 20 minutes.

3.1.5 Ergonomic Seminars: Contractor shall be onsite to provide general ergonomic awareness training or address employee questions and concerns and provide general ergonomic information. COR to coordinate support with group(s) and shall be on an hourly basis.

Government shall provide mock-up or existing workstation for contractor use if required.

4.0 PERSONNEL

4.1 ERGONOMIST: The contractor shall be trained in ergonomics, human factors, or similar field and possess a minimum of five years of relevant experience within the past 10 years.

4.2 All contractor employees shall be citizens of the United States of America, or an alien who has been lawfully admitted for permanent residence or who presents other evidence from the Immigration and Naturalization Service that employment will not affect immigration status.

Contractor employees shall be able to communicate with HQC tenants.

CONTINUED ON NEXT PAGE

Ergonomic Consulting Services

Solicitation Number: SP4705-15-Q-0011 Page 4 of 30

4.3 All contractor employees shall be required to comply with the policies and procedures that apply requirements of the Privacy Act of 1974 (5 U.S.C. 552a) (the Act) and OMB Circular No.

A-130, December 12, 1985, to Government contracts and cites the Freedom of Information Act (5 U.S.C. 552, as amended).

5.0 HOURS OF OPERATION

5.1 NORMAL DUTY HOURS. The normal operating hours at the HQC are Monday through Friday, 0730-1700.

5.2 RECOGNIZED HOLIDAYS. No work shall be performed on the following eleven (11) Federal holidays observed at Fort Belvoir.

New Year’s Day Memorial Day Veterans Day

Inauguration Day Independence Day Thanksgiving Day

Martin Luther King Day Labor Day Christmas Day

President’s Day Columbus Day

The contractor will not be required to work when the Federal Government is closed due to inclement weather. If the Government closes early, the Contractor will be under the same schedule. If Government is given the option of unscheduled telework or leave on same day individuals are scheduled the Contractor will not be required to work but is required to contact the individuals on next business day to reschedule. This new schedule is to be submitted to the COR within 24 hours of day not worked. If the Government closes early, the Contractor will be under the same schedule. Appointments impacted by government unscheduled closures such as but not limited to inclement weather shall be rescheduled by the contractor at no additional cost to the government.

5.3 WORK SCHEDULE. The Contractor shall meet with the Contracting Officer’s Representative prior to all evaluations to review affected workstations in regards to medical diagnosis for each employee.

5.3.1 CANCELLED APPOINTMENTS. Contractor is to contact employee at least 2 days before scheduled appointment via email for confirmation that he or she is still available. Contractor shall notify COR on the same day that an individual is scheduled that cancels at the last minute without any prior notification. If employee is out sick, then it will be considered an excused absence, however if not then their Supervisor will be notified of the attempt. The next appointment will then be made thru the Supervisor to assure that the employee will attend.

6.0 SECURITY REQUIREMENTS

6.1 All contractor personnel regularly working at the HQC in support of this contract must be capable of obtaining and maintaining a building badge. Personnel shall be required to complete the necessary documentation and receive a favorable background investigation. If an investigation is initiated and the Contractor’s security questionnaire contains unfavorable information, the contractor will not be given a badge and will not be allowed access to work at the HQC. Personnel Security will notify the COR with the name of the contractor employee.

The KO will notify the project manager in writing of this decision. If an investigation is initiated

CONTINUED ON NEXT PAGE

Ergonomic Consulting Services

Solicitation Number: SP4705-15-Q-0011 Page 5 of 30 and the security questionnaire contains no unfavorable information, and a badge is provided, if the completed background check comes back indicating derogatory information that the employee omitted, the contractor shall reimburse the government $100 to cover the administrative costs to process the background check.

6.2 Contractor access will be permitted during normal duty hours Monday through Friday. Prior notification to the COR and police must be provided for access outside normal duty hours, to include weekends and holidays.

6.3 Vehicle Registration and Operation. All contractor employees shall register their vehicles with the Pass and ID Office. Employees are responsible for parking in accordance with the HQC Parking Policy.

6.4 Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to COR within 5 days of any of the following notifications, unless otherwise determined by the Government; (1) When no longer needed for contract performance

(2) Upon completion of the Contractor employee’s employment (3) Upon contract completion or termination. The COR may delay final payment if the Contractor fails to comply with these requirements.

7.0 CONTRACTING OFFICERS REPRESENTATIVE APPOINTMENTS (COR):

COR shall be appointed in writing by the contracting office.

8.0 DELIVERABLES

All deliverables shall be submitted to the COR in electronic editable file and PDF. Deliverables will be considered “draft” upon initial receipt. Drafts will be reviewed and accepted or concerns raised/comments provided with two weeks of receipt. The detailed report and log format are required to be provided as a part of the proposal to be approved by the COR.

8.1 The contractor shall schedule evaluations directly with employees within 3 weeks of receipt of DLA work order request and provide schedule to COR a minimum of one full week in advance of appointments. If Contractor has attempted to schedule an appointment with an individual, but is not able to perform Ergonomic Evaluation within 30 days of receipt of work order request, they are to notify the COR who will submit notice to Supervisor for further action.

Appointments shall be scheduled during normal duty hours of employees. Contractor shall notify COR upon their arrival to the HQC of the scheduled day, and shall meet with COR following final appointment for the day.

8.2. The contractor shall submit to the COR for approval within 5 days of contract award a report template(s) to be used for all protective or post-injury evaluations. The template shall provide at a minimum employee’s name, location, date assessed, supervisor, location, DLA work order number request, primary employee concerns/issues, primary job tasks, current workstation set-up conditions (to include but not limited to computer, chair, work position, glare, accessories, CONTINUED ON NEXT PAGE

Ergonomic Consulting Services

Solicitation Number: SP4705-15-Q-0011 Page 6 of 30 placement of frequently used items), chair ailment, observations, a description of modifications made during the evalutions, a list of specific recommendations of equipment or workstation modifications, and space for documentation of follow up assessments. . The COR may accept as presented, or request modification to the template. Once approved, this becomes the template for detailed evaluation report submissions. Any changes to the template must be approved by the COR prior to implementation. The evaluation report must be submitted in pdf and Word (.doc) format to the COR within 7 business days of the assessment.

The contractor shall plan to specify DLA standard products of manufacturers on current DLA furniture contract in preparing items for report of Steelcase, Details, ErgoGenesis/Bodybilt. If not available, similar products from manufacturers of other ergonomic tools can be substituted as needed but must be pre-approved by COR before recommendation to individuals.

8.3 The contractor shall maintain a log and provide monthly reports to document the status of all requests for service. This log shall include individual’s name, work order number provided by DLA, date assessed, what type of Ergonomic Evaluation was performed, date Ergonomic Evaluation report was sent to COR, completion date, and any other comments that may need to be addressed. Status Log is due monthly by the fifth work day of the month in an Excel file format (.xls).so COR can add comments as needed.

SEE ATTACHED DELIVERABLES

9.0 DATA OWNERSHIP

All data and documents collected or produced in support of employee an assessment remains the sole property of DLA. Employee individually identifiable information must be protected and accordance with all federal, state, and local policy. At the conclusion of the contract, all copies of data and documents regarding employee assessments must be provided to the government.

CONTINUED ON NEXT PAGE

Ergonomic Consulting Services

Solicitation Number: SP4705-15-Q-0011 Page 7 of 30

Part 12 Clauses

52.212-04 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (MAY 2014) FAR

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232- 33, Payment by Electronic Funds Transfer—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer— Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

Ergonomic Consulting Services

Combined synopsis/solicitation for Ergonomic Consulting Service Solicitation Number: SP4705-15-Q-0011 Page 8 of 30 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

Ergonomic Consulting Services

Combined synopsis/solicitation for Ergonomic Consulting Service Solicitation Number: SP4705-15-Q-0011 Page 9 of 30 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C.

2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer.

The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via CCR accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.

52.212-9000 CHANGES – MILITARY READINESS (NOV 2011) DLAD

52.212-9001 APPLICATION OF FAST PAYMENT TO PART 12 ACQUISITIONS (NOV 2011) DLAD

CLAUSES ADDED TO PART 12 BY ADDENDUM

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) DFARS

52.204-07 SYSTEM FOR AWARD MANAGEMENT (JUL 2013) FAR

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013) FAR

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS

252.204-7004 ALTERNATE A, SYSTEM FOR AWRD MANAGEMENT (FEB 2014) DFARS

252.204-7012 SAFEGUARDING OF UNCLASSIFIED CONTROLLED TECHNICAL INFORMATION (NOV 2013) DFARS

Ergonomic Consulting Services

Combined synopsis/solicitation for Ergonomic Consulting Service Solicitation Number: SP4705-15-Q-0011 Page 10 of 30 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+160+141++%2818%29%20%25 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+1574+51++%2840%29%20%20AND%20%28%2840%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+37+408++%2810%29%20%252 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+37+408++%2810%29%20%252 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t49t50+2+224++%2849%29%20%20AND%20%28%2849%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

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

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items

(May 2015)

(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

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

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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.] ___ (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).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (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 (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved] _X_ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (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 (Aug 2013) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.

657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved] _X_ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

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

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

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

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637 (d)(4)).

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

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

___ (iv) Alternate III (Oct 2014) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

Ergonomic Consulting Services

Combined synopsis/solicitation for Ergonomic Consulting Service Solicitation Number: SP4705-15-Q-0011 Page 11 of 30 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm%23P120_20018

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (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 (Nov 2011) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

_X_ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_X_ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

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

___ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Jun 2014) of 52.223-13.

___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

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

___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).

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

___ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

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

___ (42) (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.

___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (44) 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).

Ergonomic Consulting Services

Combined synopsis/solicitation for Ergonomic Consulting Service Solicitation Number: SP4705-15-Q-0011 Page 12 of 30

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

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

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

_X_ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.] ___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) _X_ (2) 52.222-41, Service Contract Labor Standards (May 2014) (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).

_X_ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (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).

_X_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792).

___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

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

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

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

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising

Ergonomic Consulting Services

Combined synopsis/solicitation for Ergonomic Consulting Service Solicitation Number: SP4705-15-Q-0011 Page 13 of 30 under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(e)

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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