RMC SSA-RFQ-R04-10-1002.docx

SSA-RFQ-R04-10-1002

TABLE OF CONTENTS

Addendum to Standard Form 1449

In accordance with Federal Acquisition Regulation (FAR) 12.302 and 12.303, this Section 1 contains addenda to the Standard Form 1449. The addenda, contained in Sections A, B, C, D & E are part of the continuation of the Blanket Purchase Agreement and description of the supplies and services to be acquired.

SECTION A – BLANKET PURCHASE AGREEMENT

SECTION B – SCHEDULE OF PRICES/STATEMENT OF WORK

B-1 – SCHEDULE OF ITEMS AND PRICE

B-2 – MAXIMUM ACCEPTABLE RATES

B-3 – TRAVEL EXPENSES

B-4 – ORDERING OFFICIALS

B-5 – STATEMENT OF WORK

SECTION C – BLANKET PURCHASE AGREEMENT CLAUSES

C-1 – FEDERAL ACQUISITION REGULATION CLAUSES INCORPORATED BY REFERENCE

C-2 – FEDERAL ACQUISITION REGULATION CLAUSES INCLUDED IN FULL TEXT

C-3 – AGENCY SPECIFIC CLAUSES

SECTION D – DOCUMENTS, EXHIBITS AND ATTACHMENTS

SECTION E – SOLICITATION PROVISIONS

E-1 – 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

E-2 – ADDENDUM TO 52.212-1

E-3 – 52.212-2 EVALUATION OF OFFERS – COMMERCIAL ITEMS

E-4 – 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS

SECTION A – BLANKET PURCHASE AGREEMENT

In the spirit of the Federal Acquisition Streamlining Act, the SOCIAL SECURITY ADMINISTRATION (SSA) and (to be completed at time of award) enter into this agreement to further reduce the administrative costs of acquiring commercial items.

This BPA will further decrease costs, reduce paperwork, and save time by eliminating the need for repetitive, individual purchases. The end result is to create a purchasing mechanism for the Government that works better and costs less.

Signatures:

SECTION A

BLANKET PURCHASE AGREEMENT

The contractor, ________________________, agrees to the following terms of Blanket Purchase Agreement (BPA) #__________________ exclusively with the Social Security Administration (SSA). All orders placed against this BPA are subject to the terms and conditions noted herein.

DESCRIPTION OF SERVICES: This BPA is to provide Medical Consultant Services for the Social Security Administration (SSA).

PRICING: The contractor shall provide Medical Consultant Services in accordance with the attached price table. All quoted prices/rates will be effective annually.

DELIVERY/PLACE OF PERFORMANCE:

EXTENT OF OBLIGATION: This BPA does not obligate any funds. The Government estimates, but does not guarantee that the total volume of purchases for all orders through this agreement will be (To be entered at time of award) The Government is obligated only to the extent of authorized purchases (Calls) actually ordered and performed under this agreement.

This BPA is valid from date of award through (To be entered at time of award) The total potential effective period of this BPA is 60 months from the award. The Contractor shall not be required to accept any new orders beyond 60 months from the award date of this BPA.

ORDERING PROCEDURES: The Government shall order services under the BPA via the issuance of Individual Call Orders.

PURCHASE LIMITATION: The per call limitation for each individual call ordered shall not exceed $100,000.00. Only Contracting officers who have the authority to purchase within this limit are authorized to place calls.

TERM OF AGREEMENT: This BPA shall be for sixty (60) months from date of award unless otherwise extended or terminated.

AUTHORIZED INDIVIDUALS: Any Contracting Officer in the SSA Office of Acquisition and Grants (OAG), their team leader and or Division Director are the only persons authorized to place orders against the BPA.

INVOICING PROCEDURES

The requirements of a proper invoice are as specified in Section C, (General Terms and Conditions), paragraph C.3.6, INVOICE SUBMISSION.

Other terms and conditions specific to this BPA and all subsequently issued call orders can be found at Section C of this agreement.

SECTION B - CONTINUATION OF STANDARD FORM 1449

B-1 – SCHEDULE OF ITEMS AND PRICE

The contractor shall provide medical consultant services in the specialty of (To be entered at time of award) for the Social Security Administration (SSA) _______________ as described in Section B-5 Statement of Work, at the prices listed in the schedule below for the items.

Base Period - July 01 to December 31, 2010

Ordering Period I - January 01, 2011 to December 31, 2011

Ordering Period II - January 01, 2012 to December 31, 2012

Ordering Period III - January 01, 2013 to December 31, 2013

Ordering Period IV - January 01, 2014 to December 31, 2014

*Estimated quantities listed in the schedule of items and prices represent the Government’s estimate of the quantity of work required. They do not create a guarantee of work or an obligation to pay for work not rendered.

** To be ordered as required.

B-2 – MAXIMUM ACCEPTABLE RATES

MAXIMUM ACCEPTABLE RATES PER CASE:

The Government has determined the following maximum acceptable rates for completed case assessments (independent case reviews) for each specialty. Offerors shall propose a per-case price for the base period and each ordering period; however, the price per case shall not exceed the maximum specified below:

MAXIMUM ACCEPTABLE RATES PER HOUR (ADDITIONAL SERVICES):

In addition to the case services, the primary purpose of this agreement, the Government will occasionally require non-case services, such as assisting in the orientation of new MCs orientation, close monitoring of case reviews, and other services that do not involve independent case reviews. These additional services shall be provided on an “as required” basis. Non-case services will be ordered by the ordering officials listed in Clause B-3 below. Non-case services may only be provided when the COTR or COTR designee requests delivery of the services ordered by the authorized ordering official.

The Government will order additional services beyond those funded at the time of award and those for the ordering periods in accordance with the ordering terms of this Blanket Purchase Agreement. The contractor’s need for orientation, and/or close monitoring will be considered in the Government’s determination as to whether to order additional services in the base year. The Government has determined that the maximum acceptable hourly rates for additional services shall not exceed the following:

B-3 TRAVEL GUIDELINES

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 ]

The Government will issue a call 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-4 – AUTHORIZED ORDERING OFFICIALS

The individuals below are authorized to place orders under this Blanket Purchase Agreement. Changes to this list can only be made by the Contracting Officer by written modification to this Blanket Purchase Agreement. Authorized personnel shall, when placing orders, provide the following information to the contractor:

A. Ordering official's name, telephone number, Blanket Purchase Agreement number, and call number; and

B. The specific number of cases ordered and the period during which these cases or services may be performed.

Under no circumstances are orders to be accepted from persons other than those authorized individuals as specified below.

Authorized Ordering Officials

Any of the Warranted Contracting Officers in the region, their Team leader and Division Director.

While the Contracting Officer’s Technical Representative (COTR) is not an ordering official under this Blanket Purchase Agreement, the COTR may request delivery of cases or hours ordered by an authorized ordering official. For example, if an authorized ordering official places an order for 100 cases and 100 hours of non-case services, the COTR may assign actual cases and request delivery of non-case hours for specific purposes.

Payment will only be made for cases and non-case services actually delivered to the Government.

B-5 STATEMENT OF WORK

B-5.1 BACKGROUND

The Social Security Administration (SSA) utilizes the services of licensed contract physicians, psychologists, ophthalmologists, audiologists, and speech and language pathologists. Contractors will assess and document impairment severity in SSA disability claims following the procedures at 20 CFR 404.1500ff. The contractors perform most case processing at a computer terminal. Medical records and case folder documentation is viewed, processed, and stored electronically. Interaction with disability reviewers, adjudicators, medical providers, and other staff is required. There is no contact with the claimant nor is there clinical responsibility. The Government Contracting Officer’s’ Technical Representative (COTR) or designee provides technical direction under this Blanket Purchase Agreement.

B-5.2 DEFINITIONS

New Medical Consultants (MC) - A new MC is defined as a contractor who is not under contract to provide these services directly to the Social Security Administration. New MCs will be required to participate in an orientation program which is intended to enable the contractor to attain and achieve SSA's performance expectations.

Upon successful completion of the orientation program, the contractor will attain the status of Independent Case Reviewer.

Independent Case Reviewer – An independent case reviewer is a contractor who can independently maintain the performance expectations outlined in this section. An independent case reviewer is required to maintain a satisfactory level of performance of the duties as specified below.

When providing services under the BPA, the contractor shall:

1. Address all relevant issues in a policy compliant manner, including such items as adequacy of documentation, onset of disability, and medical impairment severity;

1. Respond to all questions posed to the contractor;

· Ensure that content of presentations is appropriate for the intended audience;

· Complete assigned tasks on a timely basis;

· Present final product in a logical, clear, and understandable manner.

B-5.3 INDEPENDENT CASE REVIEWS

When performing independent case reviews, the Contractor shall:

· Review medical and non-medical evidence of record;

· Identify and interpret medical records, applying SSA disability policies and procedures;

· Consult with staff and others as needed for the review of the case;

· Record findings in the agency electronic process systems as specified by SSA case review policies and procedures;

· Provide a satisfactory written assessment that can be utilized by other individuals in the disability program;

· Perform self-directed work, such as reading agency email, keeping abreast of SSA policy and conducting research required for successful independent case review;

· Attend required meetings and briefings.

B-5.4 NON-CASE SERVICES

All non-case services will be requested in advance by the COTR or COTR designee.

As needed, the Contractor shall:

· Participate in presentations regarding the intricacies of the contractor’s specialty and application of disability policies;

· Provide consultation and expertise on policy development issues including written and/or oral summarization;

· Participate in assigned workgroups, visits and meetings (other than those necessary to perform independent case reviews);

· Assist SSA in providing one-on-one orientation to others;

B-5.5 ORIENTATION

At the beginning of orientation, the contractor will be considered a new MC. At the end of the orientation period, it is expected that the contractor will obtain the status of independent reviewer.

The Government’s orientation program is structured to provide new MCs with a general overview of the SSA disability program as well as familiarize them with its policies and procedures. This orientation is intended to enable the contractor to achieve and maintain the status of an independent case reviewer through both group and one-on-one sessions.

The orientation consists of approximately 40 hours of formal presentations and an average of 300 hours of one-on-one case collaboration at which point the contractor will be evaluated. If the contractor does not achieve the status of independent case reviewer as determined by the COTR, additional orientation may be provided without further compensation.

· For MCs with current (or recent) experience providing Independent Case Reviews for SSA, the Orientation period will not be required.

· For MCs with current or past DDS independent case review experience, or past SSA independent case review experience, the Estimate for the Orientation period should be markedly shorter, an average of 40 hours of formal presentations and an average of 150 hours of one-on-one case collaboration.

· The complete Orientation period should only be for those new MCs with no relevant disability case review experience.

SECTION C – CONTRACT CLAUSES

C1 FEDERAL ACQUISITION REGULATION CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions—Commercial Items (MAR 2009)

C-2 – FEDERAL ACQUISITION REGULATION CLAUSES INCLUDED IN FULL TEXT

C-2.1 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 (SEP 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 (JUL 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 (JUN 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 (JUN 2003) (15 U.S.C. 644).

[ ](ii) Alternate I (OCT 1995) of 52.219-7.

[ ] (iii) Alternate II (MAR 2004) of 52.219-7.

[ ](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 (JUN 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 (JUN 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 (SEP 2006) (38 U.S.C. 4212).

[X](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 (SEP 2006) (38 U.S.C. 4212).

[X](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).

[ ](39)(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 (JUN 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 (JUN 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 U.S.C. 351, et seq.).

[ ](6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

[ ](7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247).

[ ](8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

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

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

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (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 (SEP 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).

(vii) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201).

(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.

C-2.2 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this BPA shall be ordered by issuance of call orders by the individuals or activities designated in the Schedule. Such orders may be issued at any time during the BPA performance period.

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

(c) If mailed, a call 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.

C-2.3 NOTICE TO CONTINUE SERVICES/CANCELLATION OF BPA

SSA shall review the BPA annually to determine if services are still in the best interest of the Government to continue. If in the event it is determined that services are no longer required, the contractor shall be notified in writing.

In the event that the contractor decides to no longer provide services under this BPA, the contractor shall provide written notification to SSA at least 30 days prior to the cancellation of services.

C-3 AGENCY SPECIFIC CLAUSES

C-3.1 DESIGNATION OF GOVERNMENT CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR)

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 Blanket Purchase Agreement.

NAME : Rickie Bowens, Contracting Officer ADDRESS: Region 4

COTR (NAME TO BE PROVIDED AT TIME OF AWARD)

Alternate (NAME TO BE PROVIDED AT TIME OF AWARD)

The COTR, or his/her authorized representative, shall be responsible for coordinating with the contractor the technical aspects of the Blanket Purchase Agreement. The COTR is not authorized to make any changes which affect the Blanket Purchase Agreement amount, terms or conditions. The contracting officer is the only person with the authority to act as an agent of the Government under this Blanket Purchase Agreement. 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 for any costs incurred during the performance of this Blanket Purchase Agreement; or (5) otherwise change any terms and conditions of this Blanket Purchase Agreement.

C-3.2 DESIGNATION OF GOVERNMENT CONTRACTING OFFICER

Rickie Bowens, Contracting Officer, Region IV, will serve as the Administrative Contracting Officer. Changes in the Scope of Work, Blanket Purchase Agreement price, quantity, quality, or delivery schedule shall be made only by the contracting officer by a properly executed modification. All correspondence that in any way concerns the terms or conditions of this Blanket Purchase Agreement shall be submitted directly to the Contracting Officer at the following address:

Social Security Administration OAG Division of Eastern Regional Contracts 61 Forsyth Street, SW.; Suite 22T64 Atlanta, GA 30303

Attention:

Rickie Bowens

(404) 562-1433

C-3.3 ADMINISTRATION OF BPA

The contractor's representative responsible for handling BPA administration is:

NAME TITLE ADDRESS TELEPHONE NUMBER

C-3.4 CONTRACTOR'S KEY PERSONNEL

NOTE: TO BE COMPLETED ONLY IF OFFEROR IS OTHER THAN AN INDIVIDUAL.

The term "key personnel" is defined as reviewing medical consultants(s). The key personnel under this Blanket Purchase Agreement shall be:

C-3.5 SUBSTITUTION OF KEY PERSONNEL

Due to the comprehensive requirements, no substitutions of the key personnel identified will be allowed.

C-3.6 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 Blanket Purchase Agreement. 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 (To be completed at time of award)

FOR INVOICES NOT SUBMITTED ELECTRONICALLY:

(To be completed at time of award)

Submit an original invoice to:

If sent by mail or hand carried:

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)

· Blanket Purchase Agreement Number (BPA)

· Call Order Numbers – Full Call Order Number should be provided including the Ordering Office CAN, Fiscal Year, and remaining digits assigned for the hearing (Format example: 1234-08-567890)

· Order Date (Date Services were Ordered)

· Service Date (Date Services were Performed)

· Dollar amount requested per Call Order

· Grand Total

· Total Breakdown between Case, Additional Services 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 OF ELECTRONIC FUNDS TRANSFER (EFT) INFORMATION AND REMITTANCE INFORMATION:

The Government shall make payment to the Contractor using the EFT information contained in the Central Contractor Registration (CCR) database. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the CCR database.

Remittance information associated with EFT payments is now available via the Internet Payment Platform (IPP) on the Department of Treasury¡¦s Internet site at http://www.ipp.gov. The IPP site provides an explanation of how the system works, security and access information, a user demonstration, and registration information. There is no charge to use the IPP system.

You may also direct payment inquiries to SSA's Office of Finance by:

· Using its Financial Interactive Voice Response System (FIVR). FIVR is an automated self-service telephone system available 24 hours a day that allows direct electronic access to administrative payment information using the telephone keypad. You can access FIVR by calling (410) 965-0607. The services available through FIVR will be available through a Telecommunications Device for the Deaf (TDD) Line at 410-597-1395. Customer Service Representatives will be available to answer vendor payment inquiries Monday - Friday, between 8 a.m. and 4:30 p.m. Eastern Time.

· By sending an email to payment.inquiries@ssa.gov, or visiting its internet site at http://www.socialsecurity.gov/vendor/contact.htm You can also access the IPP system through a link on this site.

C-3.7 PLACE OF PERFORMANCE

A. On-site services shall be performed in Government facilities in Atlanta, GA. 61 Forsyth St. SW.; Suite 21T50, unless specifically authorized, in writing, by the COTR.

B. Services may also be required off-site at both Government and non-Government facilities subject to agreement between the contractor and COTR.

C. 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.

C-3.8 SCHEDULE OF SERVICES TO BE PERFORMED

A schedule of services to be performed will be established by the Government COTR within 30 days after Blanket Purchase Agreement award. The schedule will be based on the volume of services needed and the contractor's availability. The contractor is required to give at least 24 hours advance notification to the COTR or COTR designee if the contractor is unable to provide the services in accordance with the established schedule.

C-3.9 TIME OF PERFORMANCE

Normal hours to perform services shall be during the Government's normal work hours of 6:00 a.m., - 6:00 p.m., Monday - Friday. However, recognizing that contractors may have professional responsibilities and/or may be practicing medicine, the Government will provide as much flexibility in the performance schedule as is practicable. Services may be performed outside the Government’s normal work hours, with advance authorization provided by the COTR or COTR designee.

C-3.10 PROTECTING AND REPORTING THE LOSS OF PERSONALLY IDENTIFIABLE INFORMATION: RESPONSIBILITIES CONCERNING INDIVIDUAL EMPLOYEES (DEC 2008)

1. Definitions

The following terms are defined for the purposes of this clause:

"Agency" means the Social Security Administration (SSA).

"Employee(s)" means an individual(s) employed, including, for the purposes of this clause, management officials, by either the Contractor or subcontractor that are working under this contract.

"Handling PII" means having access, either currently or in the future, to personally identifiable information (PII), as defined in this clause.

"Lost, compromised, or potentially compromised PII" means that, while the Contractor/employee is in possession of PII, the PII has become physically missing (e.g., it has been stolen) or has been otherwise breached so that persons other than authorized users, and for other than an authorized purpose, have access or potential access to the PII, regardless of the form (e.g., electronic or physical) in which it was stored. Indications of lost, compromised, or potentially compromised PII include missing equipment (e.g., laptops and removable storage devices such as USB flash or "thumb" drives, CDs, DVDs, etc.) and/or paper documents potentially containing PII, as well as actions where PII was emailed in violation of the terms contained in Section 2.(d), Emailing PII, below.

"Personally Identifiable Information" (PII): SSA follows the definition of PII provided by the Office of Management and Budget in OMB Memorandum OMB M-07-16: "The term 'personally identifiable information' refers to any information which can be used to distinguish or trace an individual's identity, such as their name, Social Security number, biometric records, etc. alone, or when combined with other personal or identifying information which is linked or linkable to a specific individual, such as date and place of birth, mother's maiden name, etc." Other examples of PII may include, but are not limited to: Social Security benefit data, official State or government issued driver's license or identification number, alien registration number, government passport number, employer or taxpayer identification number, home address, and medical information. Within this clause, "PII" shall specifically mean PII as defined above which: (1) SSA has a primary responsibility for and/or interest in protecting; and (2) is made available or becomes accessible to the Contractor and/or any subcontractor, including their respective employees, as a result of performing under this contract (e.g., under the contract, SSA directly furnishes PII to the Contractor/subcontractor, or the Contractor/subcontractor, in order to perform its duties under the contract, collects PII from outside sources, such as in a public survey).

"Secure Area" or "Secure Duty Station" means, for the purpose of this clause, either of the following, unless SSA expressly states otherwise on a case-by-case basis: (1) an employee's official place of work that is in the Contractor's or subcontractor's established business office in a commercial setting, OR (2) a location within SSA or other Federal- or State-controlled premises. A person's private home, even if it is used regularly as a "home office" (including that of a Contractor or subcontractor management official), shall not be considered a secure area or duty station.

2. Employee Responsibility in Safeguarding PII

The Contractor shall establish, maintain, and follow its own policy and procedures to protect PII, including those for reporting lost or compromised, or potentially lost or compromised, PII (see Section 4. (a), below). The Contractor shall inform its employees handling PII of their individual responsibility to safeguard it. In addition, the Contractor shall, within reason, take appropriate and necessary action to: (1) educate employees on the proper procedures designed to protect PII, as described below and as otherwise approved by the Agency; and (2) enforce their compliance with the policy and procedures prescribed as follows:

(a) General. Employees shall properly safeguard PII from loss, theft, or inadvertent disclosure. Employees are responsible for safeguarding this information at all times, regardless of whether or not the employee is at his or her regular duty station. Examples of proper safeguarding include, but are not limited to: maintaining the confidentiality of each employee's individual password (by not sharing the password with any other individual or entity and not writing it down); verifying the identity of individuals before disclosing information to them; preventing others in the area from viewing PII on one's computer screen; consistently locking or logging off one's workstation when one is away; and ensuring that PII is appropriately returned or, upon receiving SSA's approval, destroyed when no longer needed.

(b) Transporting PII Outside a Secure Area/Secure Duty Station. Note: The term "transporting" used here does not include shipping by a common or contract carrier, as defined in FAR 47.001, or by the U.S. Post Office.

(1) Employees shall make every reasonable effort to safeguard equipment, files, or documents containing PII when transporting information from a secure area/secure duty station. Employees must ensure that the laptops and other electronic devices/media being used to transport PII are encrypted and password protected. The Contractor shall make every reasonable effort to ensure that the encryption and password protection are in accordance with any SSA-prescribed standards or policies which shall be communicated separately from this clause. Employees must use reasonable protection measures when transporting PII, e.g., storing files in a locked briefcase, not leaving files and/or equipment in plain view.

(2) Employees transporting PII, including transporting PII duplications, such as electronic copies and photocopies, from their secure duty station or an otherwise secured area to an unsecured area shall obtain prior approval in accordance with the Contractor's established policy. The Contractor shall provide employees with contact information and instructions based on the Contractor's security/PII loss incident policy and procedures. (NOTE: Agency-prescribed contact information and instructions for reporting lost or possibly lost PII are discussed in Section 3. below.)

(3) Tracking files.

Unless the PII is being transported for disposal pursuant to the contract, (see (c) below), the Contractor shall, within reason, take appropriate and necessary action to ensure that the file(s) or document(s) being physically transported or transmitted electronically outside the secure area/secure duty station are tracked through a log: they must be logged out prior to transport as well as logged back in upon return. The Contractor can establish any mechanism for tracking as long as the process, at a minimum, provides for the following information to be logged:

· first and last name of the employee taking/returning the material;

· the name of the file or document containing PII that he/she intends to transport from the office;

· all the forms or media in which the PII was transported (e.g., electronic, such as laptop, thumb drive, CD-be as specific as possible; paper, such as paper file folders or printouts);

· the reason he/she intends to transport the file or document containing PII;

· the date he/she transported the file or document containing PII from the secure duty station; and

· the date he/she returned the file or document containing PII to the secure duty station.

· Materials must be returned or documented as destroyed within 90 days of removal from the office or have Contractor supervisory approval for being held longer.

The log must be maintained in a secure manner. Upon request by the Agency, the Contractor shall provide the information from the log in a format (e.g., electronic or paper) that can be readily accessed by the Agency.

(c) Employee Disposal of PII. The marked statement below applies to this contract: [Contracting Officer: Mark the appropriate statement below.]

[ ] This contract entails employee disposal of PII. Employees shall follow the procedures described in [Contracting Officer: Fill in reference to appropriate section, paragraph, article, etc., of the contract as applicable. Page numbers are optional.]

[ X ] This contract does not entail employee disposal of PII. The Contractor shall, within reason, take appropriate and necessary action to ensure that the procedures detailed in (3) above pertaining to the logging of PII that is transported outside a secure area/from their secure duty station are followed.

(d) Emailing PII. The Contractor's corporate or organizational email system is deemed not to be secure. Therefore, the Contractor shall put policies and procedures in place to ensure that its employees email PII using only the following procedures in (1)-(2), below:

(1) Sending from an SSA email address. If employees have been given access to the SSA email system, they may use it to send email messages containing PII in the body or in an unencrypted attachment but only to other SSA email addresses (which contain the "name @ssa.gov" format) or to email addresses belonging to an SSA-certified email system. Email directed to any other address(es) may contain PII only if the PII is entirely contained in an encrypted attachment.

(2) Sending from a non-SSA email system. If employees are using the Contractor's own or any other non-SSA email system (e.g., Yahoo!, Gmail), they may send email messages transmitting PII only if the PII is entirely contained in an encrypted attachment; none of the PII may be in the body of the email itself or in an unencrypted attachment. When emailing from such systems, this procedure applies when emailing PII to any email address, including but not limited to, an SSA email system address. Unless specifically noted otherwise, the Contractor and its employees are expected to conduct business operations under this contract using the Contractor's own email system, i.e., in accordance with the foregoing rules for transmitting PII.

3. Agency-Prescribed Procedures for Reporting Lost, Compromised, or Potentially Compromised PII.

"Lost, compromised, or potentially compromised PII" is defined in Section 1., above. The reporting requirement established in this section is for reporting all incidents involving PII, with no distinction between suspected and confirmed breaches.

SSA has its own reporting requirements for PII that is lost, compromised, or potentially compromised. The purpose of this section is to ensure that these requirements are met and that incident information is shared appropriately.

(a) Contractor Responsibility. In addition to establishing and implementing its own internal procedures referenced in Section 2., above, the Contractor is responsible for taking reasonable actions to implement Agency-prescribed procedures described in (c) below for reporting lost, compromised, or potentially compromised PII. These include educating employees handling PII about these procedures and otherwise taking appropriate and necessary steps to enforce their compliance in carrying them out.

(b) Potential Need for Immediate, Direct Reporting by the Employee. SSA recognizes that Contractor employees will likely make the initial discovery of a PII security breach. When an employee becomes aware or suspects that PII has been lost or compromised, he/she is required to follow the Contractor's established security/PII loss incident reporting process (see Section 4. (a), below). The Contractor's reporting process, along with SSA's (see Section 3. (c) below), shall require the Contractor, and not necessarily the employee, in such circumstances to notify SSA of the incident. However, the Contractor shall inform each employee handling or potentially handling PII that he/she must be prepared to directly notify outside authorities immediately as described in (c)(4) below, if, shortly following the incident or discovery of the incident, he/she finds it evident that neither an appropriate Contractor nor SSA manager/contact can be reached. The Contractor should emphasize to the employee that timeliness in reporting the incident is critical.

(c) Procedures.

(1) When an employee becomes aware or suspects that PII has been lost, compromised, or potentially compromised (see 1. Definitions, above), the Contractor, in accordance with its incident reporting process, shall provide immediate notification of the incident to the primary SSA contact.