SSA-RFP-10-1030- Neurology.doc
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- Attached to
- Medical Experts- Neurology Federal contract opportunity
- Solicitation number
- SSA-RFP-10-1030
- Issued by
- Social Security Administration
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| SSA-RFP-10-1030 Amend 000001.pdf |
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Text version
SOCIAL SECURITY
Office of Budget, Finance and Management April 15th, 2010 Dear Prospective Offerors:
You are invited to submit a proposal in accordance with the requirements of the enclosed solicitation number SSA-RFP-10-1030, “Medical Consultants – Neurology.” This requirement is for the acquisition of Neurology Medical Consultants who will be available to analyze and provide expert advice related to their specialized field, as needed, so that adjudicators can render accurate determinations and decisions.
SSA anticipates awarding one (1) to thirteen (13) Indefinite Delivery/Indefinite Quantity type contracts with provisions which allows for the placement of fixed price or labor order task orders as necessary in accordance with the Federal Acquisition (FAR) Part 12, Acquisition of Commercial Items and FAR Part 15, Contracting by Negotiation. The period of performance for the contract will be a base year period from contract award to May 31st, 2011 with four 12-month option periods, if exercised.
Section E of the solicitation provides detailed instructions on submitting your proposal as well as criteria in which proposals will be evaluated. Please separate the proposal into two volumes, Volume I – Technical Proposal, and Volume II – Business Proposal.
Section E.3, “Proposal Checklist” includes a list of documents that you are required to submit with your proposal. Please be sure to work from the checklist and consult with the RFP to ensure you have included the necessary documents with your proposal submission.
Please submit your proposal (original and 2 copies, plus 1 electronic copy) to the Contract Specialist, Joeie Tracht, by 2:00p.m. local prevailing time on May 15th, 2010 as follows:
Original (and 2 copies):
Social Security Administration
Office of Acquisition and Grants
Attn: Joeie Tracht, Contracting Officer
7111 Security Blvd.
First Floor, Rear Entrance
Baltimore, Maryland 21244
Electronic (E-mail): joeie.tracht@ssa.gov
Any amendments or other information relative to this solicitation will be available on this website, http://www.fedbizopps.gov/. As such, it is the offeror’s responsibility to monitor this website for possible updates.
Please submit any questions regarding this solicitation to Joeie Tracht at the e-mail address cited above by April 29th, 2010.
Sincerely, ____/s/__________ Joeie Tracht
Contract Specialist
TABLE OF CONTENTS
PAGE #
SECTION A – PRICE
A.1
SUPPLIES/SERVICES AND PRICE
A.2
EXPENSE LIMITATIONS
A.3
PRICING TABLE
SECTION B – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
B.1
BACKGROUND
B.2
GENERAL REQUIREMENTS
B.3
NON-CASE SERVICES
B.4
PERFORMANCE EXPECTATIONS
B.5
QUALITY CONTROL REQUIREMENTS
B.6
PROGRAM ORIENTATION FOR NEW MC’S
B.7
PROGRAM ORIENTATION MEETINGS
B.8
ACCOUNTABILITY FOR HOURS OF SERVICES PROVIDED
B.9
PLACE OF PERFORMANCE
B.10
TIME OF PERFORMANCE
B.11
MINIMUM AND MAXIMUM HOURS
B.12
CURRENT LICENSE
SECTION C – CONTRACT CLAUSES
C.1
52.252-2/CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
C.2
52.212-5/CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS – COMMERICAL ITEMS (DEC 2009)
C.3
ADDITIONAL CLAUSES INCORPORATED BY FULL TEXT
C.4
AGENCY SPECIFIC TERMS AND CONDITIONS
C.5
CONTRACTOR PERFORMANCE REVIEW AND REPORTS
SECTION D – CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS
SECTION E – SOLICITATION PROVISIONS
E.1
52.216-1/TYPE OF CONTRACT (APR 1984)
E.2
52.216-27/SINGLE OR MULTIPLE AWARDS (OCT 1995)
E.3
52.212-1/INSTRUCTIONS TO OFFERORS – COMMERICAL ITEMS
(JUN 2008) - ADDENDUM
E.4
52.212-2/EVALUATION – COMMERCIAL ITEMS (JAN 1999) – ADDENDUM
E.5
52.212-3/OFFEROR REPRESENTATIONS AND CERTIFICATIONS –
COMMERICAL ITEMS (AUG 2009)
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER
0370-10-1017
2. CONTRACT NO.
3. AWARD/EFFECTIVE DATE
4. ORDER NO.
5. SOLICITATION NUMBER
SSA-RFP-10-1030
6. SOLICITATION ISSUE DATE
April 15th, 2010
7. FOR SOLICITATION
INFORMATION CALL
a. NAME
Joeie Tracht
b. TELEPHONE NO. (No collect calls)
410-965-9862
8. OFFER DUE DATE/ LOCAL TIME
May 15th, 2010
9. ISSUED BY
CODE
| 00600 |
| 10. THIS ACQUISITION IS |
[ ] UNRESTRICTED OR [X] SET ASIDE: 100 % FOR:
[X] SMALL BUSINESS [ ] EMERGING SMALL
BUSINESS
NAICS: 62111 [ ] HUBZONE SMALL BUSINESS
SIZE STANDARD: [ ] SERVICE-DISABLED VETERAN- [ ]8(A)
$10.0M OWNED SMALL BUSINESS
Social Security Administration
Office of Acquisition and Grants
1st Floor, Rear Entrance
7111 Security Blvd.
Baltimore, MD 21244-1811
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
[ ] SEE SCHEDULE
| 12. DISCOUNT TERMS |
| [ ] 13a. THIS CONTRACT IS A |
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
[ ] RFQ [ ] IFB [X] RFP
15. DELIVER TO
16. ADMINISTERED BY: CODE
OAG
Social Security Administration
Office of Acquisition & Grants
7111 Security Blvd
1st Floor – Rear Entrance
Baltimore, MD 21244-1811
Social Security Administration
Oak Meadows Bldg.
6340 Security Boulevard Woodlawn, MD 21207
17a. CONTRACTOR/
OFFEROR
FACILITY
| 18a. PAYMENT WILL BE MADE BY CODE |
| HDQTRS |
Telephone No.
TELEPHONE NO. ( )
| [ ]17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER |
| 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED |
[ ] SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
| 0001 |
| Medical Consultants –Neurology |
Services to be performed in accordance with the Statement of Work -- See Addendum attached herein to this Standard Form (SF) 1449
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
[ X ]27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA [X ] ARE [ ] ARE NOT ATTACHED.
[ ]27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA [ ] ARE [ ] ARE NOT ATTACHED.
28.
CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPY TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.
29.
AWARD OF CONTRACT: REFERENCE ___________________ OFFER DATED _________________. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
| 30a. SIGNATURE OF OFFEROR/CONTRACTOR |
| 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) |
30b. NAME AND TITLE OF SIGNER (Type or print)
30c. DATE SIGNED
31b. NAME OF CONTRACTING OFFICER (Type or print)
31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
STANDARD FORM 1449 (REV. 3/2005)
PREVIOUS EDITION IS NOT USABLE
Prescribed by GSA – FAR (48 CFR) 53.212
ADDENDUM TO STANDARD FORM (SF) 1449
In accordance with Federal Acquisition Regulation (FAR) 12.302 - Tailoring of Provisions and Clauses for the Acquisition of Commercial Items, and 12.303 - Contract Format, this addendum to the SF 1449 includes a continuation of the schedule of supplies/services to be acquired from blocks 18 through 21 of the SF 1449; a continuation of the description of the supplies/services being acquired; and other terms and conditions necessary for the performance of the contract.
SECTION A - PRICE
A.1
SUPPLIES/SERVICES AND PRICE
a) This is an Indefinite Delivery/Indefinite Quantity type contract with provisions for the issuance of labor order or fixed price task orders using the ordering procedures as described in Section C.4.
b) The Contractor shall furnish all necessary personnel, materials, services, facilities and equipment to perform all tasks necessary to provide training and technical assistance as described in Section B.
c) The estimated minimum and maximum quantity of services required is described in Section B.11. The government will issue task orders for services at the firm-fixed-price hourly labor rates listed in the pricing table at A.3 below.
A.2
EXPENSE LIMITATIONS
a) Travel
The decision on whether a contractor will travel will be based on a mutual agreement between the contractor and Government.
The contractor is responsible for making any travel arrangements necessary to perform the services ordered.
When preparing a price for travel, Contractors are reminded that, as a guide, the rates (per diem, personal vehicle mileage*, etc.) for travel shall be no greater than those allowed by Federal Travel Regulations (FTR), current as of the time the travel occurs. [To access the FTR, go to: http://www.gsa.gov/federaltravelregulations ] Video and/or teleconferencing may be utilized, although instances when this will be necessary are expected to occur rarely.
The Government will issue a fixed price order for travel on a fixed-price basis.
*IMPORTANT NOTE: Payment will not be provided for travel expenses to/from the Contractor’s place of business and either the local SSA office or other locations authorized by the Government if the distance between the two points is 50 miles or less (reference the FTR).
b) On-Site Services The government will not reimburse the Contractor for time spent at meals or conducting personal business while performing services at SSA.
Where the Contractor may need to be accessible to office/hospital staff/patients while performing services under this contract, the government will not provide or otherwise reimburse the Contractor for personal communication devices (e.g., cell phones, pagers, blackberries).
A.3
PRICING TABLE
The following pricing table will be used when issuing labor hour or fixed price task orders under the contract:
[The Offeror shall refer to the Business Proposal Instructions at Section E.3 for completing this table. Final rates will be incorporated upon a contract award.]
PERIOD OF PERFORMANCE
FIXED HOURLY LABOR RATE
Base Period From contract award through May 31st, 2011
Option Period 1 June 1st, 2011 to May 31st, 2012
Option Period 2 June 1st, 2012 to May 31st, 2013
Option Period 3 June 1st, 2013 to May 31st, 2014
Option Period 4 June 1st, 2014 to May 31st, 2015
SECTION B – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
B.1
BACKGROUND
The purpose of this contract is to obtain the services of experienced, licensed Neurology physicians, who are board certified and in current active practice, treating patients, or have recent (within the last 3 years) SSA disability program experience at the Office of Medical and Vocational Expertise (OMVE) central office combined with specialized training, to serve as Medical Consultants (hereinafter referred to as “MC”) to analyze and provide expert advice related to their specialized field, as needed, so that adjudicators can render accurate determinations and decisions.
The Social Security Administration (SSA) is responsible for two national disability programs, Social Security Disability Insurance (DI) and Supplemental Security Income (SSI). SSA uses a five-step sequential process for evaluating the disability claim submitted by an individual who alleges an inability to perform substantial gainful activity (SGA). The program defines disability as an inability to engage in SGA by reason of a medically determinable physical or mental impairment which can be expected to result in death, or has lasted or can be expected to last for a continuous period of not less than 12 months.
B.2
GENERAL REQUIREMENTS – CASE SERVICES
All disability claims are now electronic and as a result, all medical evaluations must be prepared electronically. The MC shall maintain all computer proficiencies as included in the "Certification of Computer Proficiency" document incorporated under Section D.
If at any time during contract performance the MC does not meet its certified level of computer proficiency, the Contracting Officer may terminate this contract for cause. Upon termination for cause, the government shall have all of the rights allowed by law and will have no further liability to the contractor. In addition, a termination for cause shall extinguish the government’s responsibility to order the guaranteed minimum number of hours (100 hrs per year).
MCs assigned to perform these services are prohibited from utilizing another party, e.g., Physician’s Assistant, or Nurse Practitioner to do all or part of the work, including signing or countersigning the final work product and/or providing testimony, etc.
The MC shall provide the services listed below in accordance with medical policy and procedures established for SSA’s disability program.
1) Reviews of the medical evidence associated with a claim for DI and/or SSI benefits. The reviews must be documented, prepared electronically on a computer, describing the adequacy and relevance of that evidence which may include the determination of a medically determinable impairment, the severity and duration of the impairment as related to meeting or equaling one of SSA’s listed impairments (http://www.ssa.gov/disability/professional/bluebook/) and determining functional capacity as it relates to the ability to perform work-related activities. If necessary, the MC may need to contact the claimant’s treating physician to resolve conflicts in medical evidence in order to document the case file accordingly.
2) Written medical evaluations of disability claims (prepared electronically on a computer) including narrative explanations and the completion of SSA designated forms or templates. SSA may require a combined or overall evaluation of a case, which encompasses the MC’s medical review and if necessary the reviews of other MCs.
3) Consultations with SSA personnel.
4) Oral expert medical opinions via telephone or video conference during non-adversarial administrative hearings.
5) Answers to written interrogatories (questions), which are prepared electronically, on a computer, related to medical issues associated with the case or administrative hearings.
6) Provide services other than case reviews (non-case services).
7) Physicians may also be called upon to participate in administrative hearings, etc., as stipulated in the contract.
B.3 NON-CASE SERVICES
Non-case services (services other than case reviews) typically include such tasks as providing program orientation to other MC and Disability Examiner (DE) reviewers, research, receiving program orientation, participating in formal presentations regarding the intricacies of the MC’s medical specialty and providing consultation for SSA policy development.
In the performance of non-case services, the MC may be required to research, prepare reports or a written outline of its approach to the task, including but not limited to, the topics to be addressed and a discussion of the methods to be utilized to accomplish the task (use of charts, slides, anatomical diagrams, such as skeletal structure, etc.). Some non-case services may merely require the MC to complete the assigned task within a specific timeframe.
All non-case services will be requested and/or approved in advance by the Contracting Officer Technical Representative (COTR) or COTR’s authorized representative and shall be provided within the timeframes established by the Contracting Officer Technical Representative or the COTR’s authorized representative.
B.4
PERFORMANCE EXPECTATIONS
a) General Statement
The MC shall address the issues of adequacy of medical documentation and assessment of medical factors. The MC shall be expected to use the program orientation and experience in his/her area of medical expertise when evaluating impairments in his/her field.
The MC shall evaluate medical evidence, recognizing when it is sufficient and to make a reasonable, medically-sound statement with regard to severity and other issues pertinent to impairment evaluation in compliance with SSA’s policy and procedures. The MC shall provide a satisfactory written document, using a computer, addressing impairment issues, which have arisen on review.
b)
Level of Performance
The MC shall maintain a satisfactory quality level of performance when reviewing disability case files. The MC’s level of performance shall be identified through the Office of Medical and Vocational Expertise (OMVE) quality assurance program and its policies and procedures. OMVE will randomly sample at least 1 completed work product per MC per month or at least 3 cases quarterly. The work will be reviewed by OMVE full time staff for compliance with SSA policy and procedures, completeness, and accuracy of medical assessment of severity and functional ability. The COTR will use the Contractor Performance System to evaluate the contractor’s performance (see Section C.5 entitled Contractor Performance Review and Reports).
c)
New Medical Consultants
New MCs will be required to participate in a program orientation program in order to attain and achieve SSA’s performance expectations. ((See B.4)
Upon successful completion of the orientation program, the MC will attain the status of Independent Medical Consultant, whereby they will be expected to autonomously maintain the performance expectations outlined under this section. An Independent Medical Consultant is required to maintain a satisfactory level of performance of the duties which is determined by:
i. The ability to accurately and expeditiously:
· Interpret and analyze medical documentation;
· Apply medical policy and procedures established by the SSA disability program;
· Record the findings of the contractor’s medical review in accordance with SSA and OMVE policies and procedures; and
· Provide a clear written summary of the contractor’s medical review that can be utilized by other individuals in the disability program (i.e.: physicians, disability examiners and program analysts).
ii. Maintaining at least a 91 percent substantive accuracy rate in every consecutive six-month period. “Substantive accuracy” refers to accuracy in preparing severity and functional capacity assessments and fulfilling documentation requirements. Specifically, no more than nine percent of a contractor’s reviews, selected for OMVE quality control review in any consecutive six-month period, shall need correction/revision because the contractor failed to achieve the accuracy standard.
The contractor’s substantive accuracy rate shall not fall below the 91 percent level.
Maintaining a satisfactory level of performance for non-case services which is determined by completing or fulfilling the following:
· Addressing all issues, giving due consideration to relevant SSA policy;
· Insuring that the content of any presentation is appropriate for the intended audience;
· Completing assigned tasks on a timely basis; and
· Presenting a final product in a logical, clear and understandable manner
B.5 QUALITY CONTROL REQUIREMENTS
While a minimum of one randomly-selected case per month may be selected for a quality-control evaluation, all cases are subject to such evaluation.
B.6 PROGRAM ORIENTATION FOR NEW MCs
The initial program orientation will provide MCs with an overview of SSA disability programs and processes. The training will concentrate on SSA policies and procedures, laws and regulations, etc., as they relate to evaluating disability for making decisions on entitlement to SSA’s disability benefits. This will include instructions as to the specific legal definitions of disability terms which may differ from how the same terms are commonly used in medical practice. The initial and ongoing program orientation is intended to enable MCs to achieve and maintain the status of Independent Medical Consultant through approximately 100 hours of program orientation.
MCs must be available to attend the program orientation that will commence at the time specified, usually 2-3 times per week for approximately 4 hours per session, for 6-8 weeks. MCs must attend all scheduled program orientation in order to attain Independent MC status. Failure to attend all scheduled program orientation at the specified times will result in contract termination.
Program orientation will be held at the Government facilities located in Baltimore, MD. The initial and on-going program orientation will be reimbursed by SSA at the MC’s hourly rate contained in the Pricing Table at Section A.3.
B.7
OTHER PROGRAM ORIENTIATION MEETINGS
Upon advance notice, the MC shall be available at a specified time between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday for program orientation and other meetings with the OMVE staff.
B.8 ACCOUNTABILITY FOR HOURS OF SERVICES PROVIDED
Each month, the COTR will submit to the MC (contractor) a report containing the number of hours worked by the MC as generated by the SSA time clock used for performance under this contract. The Contractor shall notify the COTR immediately of any inconsistencies.
B.9 PLACE OF PERFORMANCE
On-site services shall be performed in Government facilities in Baltimore, MD.
B.10
TIME OF PERFORMANCE
Normal hours to perform services shall be during the Government’s flex band hours of Monday through Friday from 6:00 a.m. – 6:00 p.m. However, for the program orientation period, new MCs will be required to adhere to a predetermined schedule. Recognizing that contractors may have professional responsibilities and/or be practicing medicine, after the initial program orientation has been completed, the Government will attempt to provide as much flexibility in the performance schedule as is practical. Provided there are services to be performed, the following shall apply:
· Upon approval by the COTR/Alternate COTR, hours worked may be performed during the extended working hours of 6:00 p.m. – 9:00 p.m. Monday through Friday.
· If COTR authorizes, the contractor can work on weekends.
· Upon the approval of the COTR, the contractor may work on Government holidays.
· Services must be performed in 2-hour increments unless otherwise authorized by the COTR/Alternate COTR.
· Case review services shall not be performed outside of the contractor's assigned place of performance or designated Government facility, unless approved in advance by the COTR. Transportation of Personally Identifiable Information (PII), as defined in Section C-3.10, or other information pertaining to case work is not permitted, unless encrypted and approved by the COTR.
B.11
MINIMUM AND MAXIMUM HOURS
During the contract’s period of performance, the Government shall issue fixed price or labor order task orders in accordance with the following minimum/maximum number of hours:
a) Government’s Guaranteed Minimum Hours
The Government’s guaranteed minimum hours shall be 100 hours in the base period and 100 hours for each option period. The MC shall be available for a minimum of 8 hours per week.
Six out of the 8 hour a week minimum must be worked during the core hours of 6:00am to 6:00pm, so that the MC is available to respond to questions and receive information on policy, procedural or other changes.
The remaining 2 hours may be performed during the extended hours of 6:00-9:00pm.
b) Government’s Maximum Hours The Government’s maximum amount of hours for each performance period is 1,800 hours.
B.12 CURRENT LICENSE
The MC shall maintain a current license to practice medicine in any one of the fifty United States, the District of Columbia or Puerto Rico throughout the performance of this contract.
The MC shall immediately notify the COTR and Contracting Officer if any of the following situations occur during the performance of the contract:
· MC’s license lapses for any reason and/or MC fails to renew its license when it expires;
· MC’s license to provide medical or health care services is revoked or suspended by any State licensing authority for reason bearing on professional competence, professional conduct or financial integrity, or for any reason;
· MC is excluded, suspended or otherwise barred from participation in the Medicare or Medicaid programs or any other Federal or Federally assisted programs; or
· ME is asked to surrender its license while formal disciplinary proceedings involving professional conduct are pending.
The MC shall provide a copy of any license renewal to the COTR within two weeks of a renewal.
The MC will be required to certify his/her license status prior to the Government’s exercising of any option period.
At any time during contract performance, the Government reserves the right to make inquiry of the appropriate State office and/or medical board as to the status of the MC’s license. In the event such inquiry reveals any of the bulleted situations above, of which the MC did not previously disclose, the MC may be terminated for cause in accordance with FAR 52.212-4(m).
SECTION C – CONTRACT CLAUSES
C.1
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/these address(s): http://farsite.hill.af.mil/vffara.htm or http://acquisition.gov/far/index.html.
52.203-3
Gratuities (APR 1984)
52.204-7
Central Contractor Registration (APR 2008)
52.204-9
Personal Identity Verification of Contractor Personnel (SEP 2007) 52.212-4 Contract Terms & Conditions- Commercial Items (Alt I) (MAR 2009) 52.224-1
Privacy Act Notification (APR 1984)
52.224-2
Privacy Act (APR 1984)
52.227-14 Rights in Data – General (DEC 2007)
52.228-5
Insurance – Work on a Government Installation (JAN 1997)
52.232-17 Interest (OCT 2008)
52.237-2 Protection of Government Buildings, Equipment and Vegetation (APR 1984)
52.243-7
Notification of Changes (April 1984) C.2 FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items. (FEB 2010)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (MAR 2009) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
__ (4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009) (Pub. L. 111-5).
__ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).
__ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (7) [Reserved]
X (8)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).
__ (ii) Alternate I (Oct 1995) of 52.219-6.
__ (iii) Alternate II (Mar 2004) of 52.219-6.
__ (9)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
__ (ii) Alternate I (Oct 1995) of 52.219-7.
__ (iii) Alternate II (Mar 2004) of 52.219-7.
X (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).
__ (11)(i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (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.
X (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).
__ (13) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
__ (14)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).
__ (ii) Alternate I (June 2003) of 52.219-23.
__ (15) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
__ (16) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
__ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).
X (18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).
X (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
__ (20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Aug 2009) (E.O. 13126).
X (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
X (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
X(23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).
__ (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).
X (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).
__ (26) 52.222-54, Employment Eligibility Verification (Jan 2009). (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.)
__ (27)(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.)
__ (28) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
__ (29)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).
__ (ii) Alternate I (Dec 2007) of 52.223-16.
__ (30) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).
__ (31)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).
__ (ii) Alternate I (Jan 2004) of 52.225-3.
__ (iii) Alternate II (Jan 2004) of 52.225-3.
__ (32) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
X (33) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (34) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (35) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
__ (36) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
__ (37) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
X (38) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).
___ (39) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).
__ (40) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).
__ (41) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (42)(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) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).
__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).
__ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).
__ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) [Reserved]
(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).
(vii) [Reserved]
(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).
(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).
(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
C.3 ADDITIONAL CLAUSES INCORPORATED BY FULL TEXT ARE AS FOLLOWS:
C.3-1
52.216-18 Ordering (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of task orders by the individuals or activities designated in the Schedule. Such orders may be issued at any time during contract performance.
(b) All labor hour or fixed price task orders are subject to the terms and conditions of this contract. In the event of conflict between a labor hour or fixed task order and this contract, the contract shall control.
(c) If mailed, a task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
(End of Clause) C.3-2
52.216-19 Order Limitations (OCT 1995)
(a) MINIMUM ORDER. When the Government requires services covered by this contract in an amount of less than 100 hours in the base period and each option period, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those services under the contract.
(b) MAXIMUM ORDER. The Contractor is not obligated to honor any order for an item or combination of items in excess of 1,800 hours in the base period and each option period.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of Clause) C.3-3 52.216-22 Indefinite Quantity (OCT 1995)
(a) This is an indefinite-quantity contract for the services specified, and effective for the period stated, in the Schedule. The quantities of services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of services designated in the Schedule as the “minimum.”
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after each individual performance period.
(End of Clause)
C.3-4
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 ten calendar days prior to the expiration date of the contract.
(End of Clause) C.3-5 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 at any time during the period of performance 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 (60) months.
(End of Clause)
C.4 AGENCY SPECIFIC TERMS AND CONDITIONS
The following agency-specific terms and conditions are hereby incorporated in full text as follows:
C.4-1
DESIGNATION OF GOVERNMENT CONTRACT SPECIALIST
[to be filled in at time of award], Contract Specialist, Division of Programs Contracts, has been assigned to administer the contractual aspects of this contract. Changes in the Scope of Work, contract price, quantity, quality or delivery schedule shall be made only by the Contracting Officer by means of a properly executed modification. All correspondence that in any way concerns the terms or conditions of this contract shall be submitted directly to the Contracting Officer at the following address: [to be filled in at time of award] C.4-2
DESIGNATION OF GOVERNMENT CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR)
(a) The individual(s) named below is hereby designated as the government COTR. If an alternate COTR is also listed below, that person will serve in the COTR’s stead when the COTR is unavailable. The COTR is responsible for the technical administration of this contract, [in accordance with the provisions of the clause included herein entitled, "Technical Direction."]
NAME
ADDRESS
COTR [to be filled in at time of award]
Alternate COTR [to be filled in at time of award]
(b) The COTR, or his/her authorized representative, shall be responsible for coordinating with the contractor the technical aspects of the contract. The COTR is not authorized to make any changes, which affect the contract amount, terms or conditions. The contracting officer is the only person with the authority to act as agent of the Government under this contract. Only the contracting officer has authority to: (1) direct or negotiate any changes in the Statement of Work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the contractor any costs incurred during the performance of this contract; or (5) otherwise change any terms and conditions of this contract.
C.4-3
TECHNICAL DIRECTION
Performance of the work under this contract shall be subject to the technical direction of the COTR. The term "technical direction" is defined to include, without limitation, the following:
(a) Directions to the contractor which redirect the contract effort, shift work emphasis between work areas or tasks, require the pursuit of certain lines of inquiry, fill in details or otherwise serve to accomplish contractual statements of work.
(b) Provision of information to the contractor which assists in the interpretation of specifications or technical portions of the work description.
(c) Review and, where required by contract, approval of specifications or technical information to be delivered by the contractor to the Government under the contract.
Technical direction must be within the general scope of work stated in the contract. The COTR does not have the authority to, and may not, issue any technical direction which: (1) constitutes the assignment of any additional work outside the general scope of the contract; (2) in any manner causes an increase or decrease in the total estimated contract price or time required for the contract performance or (3) changes any of the expressed terms, conditions or specifications of the contract.
All technical directions shall be issued in writing by the COTR or shall be confirmed by him/her in writing within 5 working days after issuance.
The contractor shall proceed promptly with the performance of technical directions duly issued by the COTR in the manner prescribed by this article and within his/her authority under the provisions of this article.
If, in the opinion of the contractor, any instruction or direction issued by the COTR is within one of the categories as defined in (1) through (3) above, the contractor shall not proceed, but shall immediately notify the contracting officer in accordance with FAR 52.243-7, Notification of Changes.
However, please note, that the COTR is not the contractor’s supervisor and that this is not a personal services contract.
C.4-4 CONTRACTOR’S CONTRACT ADMINISTRATOR
The contractor's representative responsible for handling contract administration is:
Name:
[to be named by offeror in its proposal, will be filled in at time of award] Title:
Address:
Telephone Number:
E-mail:
C.4-5 KEY PERSONNEL
The personnel (Medical Consultants) specified in this contract are considered to be essential to the work being performed hereunder. If during the performance of the contract a person proposed as “Key” can no longer fulfill that position, the contractor shall notify the Contracting Officer immediately and submit justification. When key personnel positions are vacated due to unforeseen circumstances, the contract may be terminated.
Due to the comprehensive program orientation requirements contained in Section B, no substitutions of the key personnel (Medical Consultants) identified below will be allowed.
The following Medical Consultants are considered “key” under this contract:
[to be named by Offeror in its proposal, of which names will be filled in at time of award]
C.4-6 INVOICE SUBMISSION AND PAYMENT RELATED INFORMATION (MAR 2009)
You may submit your invoice, electronically via email, by regular mail, or by hand carrying it to the COTR by the 5th of each month for services provided in the previous month to the addresses below. Your invoice must include all of the elements of a proper invoice as defined in the invoice or payment clause used in this award as well as any other information required below or in the Contract. If your invoice is not received by the deadline payment may be delayed until the next payment cycle.
SENDING THE INVOICE ELECTRONICALLY:
Submit your invoice either as an attachment to an email message, or within the message itself, to:
Name.Name@ssa.gov
FOR INVOICES NOT SUBMITTED ELECTRONICALLY:
Submit an original invoice to:
If sent by mail or hand carried:
Social Security Administration
Address Line 1
Address Line 2
City, State Zip Code
Attention: NAME, COTR
Telephone Number:
The COTR’s telephone number is ________________.
Proper Invoice Requirements
The consolidated invoice must include all elements of a proper invoice as defined in the invoice and payment clause used in this award, as well as any other information required below:
· Invoice Date
· Unique Invoice Number – every invoice submitted by a Contractor must have a unique invoice number. For example: The Contractors may number their invoices consecutively as long as they do not repeat a number, (1, 2, 3) and does not exceed 20 characters.
· Contractor Name and Address
· Taxpayer Identification Number (TIN)
· Dun and Bradstreet Number (DUNS)
· Contract Number and Task Order Number
· Order Date (Date Services were Ordered)
· Service Date (Date Services were Performed)
· Total Breakdown between Hours and Travel Fee Totals
Note: The Contractor shall not submit a consolidated invoice prior to completion of services. The contractor shall include travel expense documentation (i.e. receipts, tickets, etc.) for all travel expenses other than meals and incidental (which are covered under the daily fixed per diem allowance) with the submission of their monthly consolidated invoice. If the invoice is incomplete or needs correction, the COTR may return the invoice to the contractor for correction. Deficiencies must be resolved with the Contractor before the invoice may be certified and sent to the Office of Finance for payment. The lack of submitting an initial proper invoice may result in a delay in payment.
SUBMISSION…
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