A.09.03_Solicitation_W81K04-17-T-BPAN.pdf

PDF 841 KB Posted Jun 14, 2017

Attached to: Short Term Nursing Services
Solicitation number: W81K04-17-T-BPAN
Issued by: Department of the Army Medical Command

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File	Type	Posted
Factor_3__Price_by_Region_Worksheet_29_Jun_17_.xls	XLS spreadsheet	Jun 29, 2017
Solicitation_Amendment_W81K04-17-T-BPAN_29_June_2017.pdf	PDF	Jun 29, 2017
W81K04-17-T-BPAN_Exhibit_D_29_June_2017.pdf	PDF	Jun 29, 2017
W81K04-17-T-BPAN_Exhibit_E__29_Jun_2017.pdf	PDF	Jun 29, 2017
W81K04-17-T-BPAN_Vendor_Submitted_Questions.pdf	PDF	Jun 29, 2017
Subfactor_1E_States_in_WhichNursing_Service_Have_Been_Provided_Spreadsheet.xls	XLS spreadsheet	Jun 14, 2017
Factor_3__Price_Worksheet_.xls	XLS spreadsheet	Jun 14, 2017
Subfactor_1D_Nurse_Specialties_Provided_Worksheet.xlsx	XLSX spreadsheet	Jun 14, 2017

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W81K04-17-T-BPAN

Combined Synopsis/Solicitation IAW FAR Subpart 12.6 Nursing Services in Support of the U.S. Army Medical Command

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

The solicitation number is W81K04-17-T-BPAN and is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95 and Defense Federal Acquisition Regulation Supplement Publication Notice 20161222.

The North American Industrial Classification System (NAICS) is 561320, Temporary Help Services. The small business size standard is $27,500,000 dollars. This procurement is 100% Total Small Business Set-Aside.

DESCRIPTION OF REQUIREMENT: The U.S. Army Medical Command (MEDCOM) has repetitive needs for personal and non-personal short term nursing services. The Health Readiness Contracting Office (HRCO) intends to establish Blanket Purchase Agreements (BPAs) in order to satisfy these repetitive needs. The BPA method will allow MEDCOM contracting activities within the Regional Health Commands (RHCs) to place calls for temporary/ short term nursing services. Short term requirements historically range from three (3) to eight (8) months. For purposes of this requirement, BPA calls may be for less than three months but shall be for less than ten (10) months. While short term requirements may occur year round, the summer months (May through September) are the most frequent due to military personnel transferring to new locations. The Contractor shall provide short term/ temporary Registered Nurses (RNs) and Licensed Practical/Vocational Nurses (LPNs/LVNs) services in support of military and DoD civilian medical staff at the military treatment facilities (MTFs) within the 50 United States and the District of Columbia, to contribute to a stable workforce tasked with providing quality health care services to a diverse beneficiary population. In addition, the Army will be phasing in a new electronic health system which will require short term health care staffing support to maintain access to care during the transition. A listing of the required Nurse Specialties is provided in Exhibit B of the Performance Work Statement (PWS).

The BPAs are not contracts and are not funded. Funded BPA calls will be issued to order the nurse(s) services. All responsible sources may submit a quote which will be considered by the agency. This agreement will be established in accordance with FAR 13.303, Blanket Purchase Agreements in conjunction will FAR Part 12, Acquisition of Commercial Items.

The BPA will have a five year ordering period from 1 August 2017 through 31 July 2022. The contracting office, HRCO, anticipates establishing a maximum of four (4) BPAs as a result of this solicitation.

SCHEDULE B AND LIST OF CONTRACT LINE ITEM NUMBERS (CLINs): The Master BPA(s) will include the following BPA Limitations and CLIN structure.

BPA Master Dollar Limit: $48,000,000.00 BPA Call Limit: $1,200,000.00

ITEM NO SUPPLIES/SERVICES QTY U/I Unit Price

0001 Temporary Nursing Services TBD Per Call Hours Per Approved Price List --0001

The approved price list for this CLIN is for BPA Calls issued between 1 August 2017 through 31 July 2018.

FOB: Destination

0002 Temporary Nursing Services TBD Per Call Hours Per Approved Price List -- 0002

The approved price list for this CLIN is for BPA Calls placed between 1 August 2018 through 31 July 2019.

0003 Temporary Nursing Services TBD Per Call Hours Per Approved Price List --0003

The approved price list for this CLIN is for BPA Calls placed between 1 August 2019 through 31 July 2020.FOB: Destination

0004 Temporary Nursing Services TBD Per Call Hours Per Approved Price List -- 0004

The approved price list for this CLIN is for BPA Calls placed between 1 August 2020 through 31 July 2021..

0005 Temporary Nursing Services TBD Per Call Hours Per Approved Price List -- 0005

The approved price list for this CLIN is for BPA Calls placed between 1 August 2021 through 31 July 2022.

0006 Travel - First Fiscal Year (FY) TBD Per Call TBD TBD Per Call

In accordance with Government fiscal law, travel must be paid in the fiscal year that it is incurred. Since there is a possibility that the period of performance on a call will cross fiscal years the ordering official will place two CLINs for travel on the call and ensure that travel is invoiced and paid in accordance with fiscal law.

0007 Travel - Second FY TBD Per Call TBD TBD Per Call

0008 Contractor Manpower Reporting 6 Each NSP

The contractor shall complete the annual CMR report in accordance with the PWS. The annual CMR report shall account for service provided for all calls issued during the reporting period and shall be submitted in accordance with the following delivery dates:

Report #1: Due NLT 31 October 2017 Report #2: Due NLT 31 October 2018 Report #3: Due NLT 31 October 2019 Report #4: Due NLT 31 October 2020 Report #5: Due NLT 31 October 2021 Report #6: Due NLT 31 October 2022

BLANKET PURCHASE AGREEMENT DETAILS IAW FAR 13.303:

(1) Description of agreement.

a. This agreement shall govern the terms and conditions under which the supplier shall provide nursing services. BPA calls for nursing services are for short-term fills only and will be for less than 10 months in duration. Use of the BPA to fill vacancies for 10 months or longer is prohibited and consecutive calls orders will not be placed to cover longer timeframes. The BPA holder shall not accept a call which circumvents this prohibition. If longer timeframes are required for certain vacancies, the contracting office must seek an alternate method of fulfillment. Either party may terminate this agreement by giving thirty (30) days written notice before the end of the BPA term.

b. This BPA provides for ordering of nursing services in all fifty of the United States, plus the District of Columbia.

c. The listed specialties identified in Exhibit B of the PWS are authorized for ordering against this BPA. Pricing is in accordance with the approved supplier’s price list that will be included in the BPA as an Exhibit. Changes to the pricelist will be accomplished only by a formal written modification to the BPA by the HRCO Contracting Officer.

d. The supplier agrees to the terms and conditions of this BPA, exclusively with the following contracting office:

U.S. Army Health Contracting Activity (USAHCA) Health Readiness Contracting Office (HRCO) ATTN: MCAA-C, 2199 Storage Street, Suite 68 JBSA-Fort Sam Houston, TX 78234-5074

e. Nursing Services shall be performed in accordance with the attached performance work statement (PWS) and any more specific PWS attached to subsequent BPA calls if provided by the Regional Health Contracting Office (RHCO) Contracting Officer (KO) with an individual call.

f. The contractor shall furnish services, described in general terms, if and when required by the KO (or the authorized representative of the KO during the specified period and within the stipulated aggregate amount.

(2) Extent of obligation. The Master BPA does not obligate any funds. The Government is obligated only to the extent of authorized purchases actually made under the BPA.

(3) Purchase limitation. The dollar limitation for each individual purchase under the BPA is $1,200,000.00. The combined maximum amount of all calls placed under this Master BPA is $48,000,000.00, provided that the total combined amount of all BPA calls resulting from this solicitation does not exceed $48,000,000.00.

(4) Individuals authorized to purchase under the BPA. Only KOs warranted within U.S. Army Health Contracting Activity (USAHCA) are authorized to place calls under the BPA within the BPA call dollar limitations stated above.

a. The following USAHCA Contracting Offices are authorized to place calls from this BPA:

Health Readiness Contracting Office (HRCO) -- DODAAC: W81K04

W40M USA HLTH CONTRACTING ACT CTR FOR HEALTH CARE CONTR

2199 STORAGE ST BLDG 4197 STE 68 JBSA FT SAM HOUSTON TX 78234-5074

Regional Health Contracting Office – Atlantic (RHCO-A) -- DODAAC: W91YTZ

W40M NORTHEREGION CONTRACT OFC NORTHERN REG CONTR OFC NRCO 6021 5TH ST

BLDG 1467 FORT BELVOIR VA 22060-5580

Regional Health Contracting Office – Central (RHCO-C) -- DODAAC: W81K00

W40M USA HLTH CONTRACTING ACT REGIONAL HEALTH CONTRACT OFF CENTRA 2539

GARDEN AVENUE JBSA FT SAM HOUSTON TX 78234-0000

Regional Health Contracting Office – Pacific (RHCO-P) -- DODAAC: W81K02

W40M FT LEWIS RHCO PACIFIC REGIONAL HEALTH CONTR OFC PACIFIC BLDG 339 CLARK

ROAD FORT SHAFTER HI 96858-5098

b. A call number will be assigned to each call. Call numbers will consist of four numeric characters. Each RHCO will be assigned a series of numeric Procurement Instrument Identification Numbers (PIINs) to be used for BPA calls they issue. A list the serial numbers of Call PIINs assigned to each region will be included in the resulting Master

BPA.

Note: In compliance with FAR 4-1603 and DFARS 204.1603, there is a numbering change that will take place with the next upgrade of the contract writing system utilized by USAHCA contracting offices.. A BPA call issued before the system upgrade will reflect the old PIIN format (e.g. W81K04-17-A-0001-0001) and all modifications will follow that format throughout the life of the action (e.g. W81K04-17-A-0001-0001-01). New BPA Calls issued after the upgrade will be in the new format (e.g. W81K0417F0001) and modification (e.g. W81K0417F0001P0001)

c. BPA calls requiring a COR shall be appointed in writing IAW DFARS 201.602-2, Responsibilities, by the RHCO KO. The appointment letter shall include the authorities and limitations of the appointed COR. The COR shall monitor the contractor’s performance IAW the COR Appointment letter and Quality Assurance Plan (QASP).

d. RHCO KOs and RHCO MTF appointed CORs are the contractor’s primary points of contact for performance of the individual call(s).

(5) Delivery tickets. All shipments under the agreement, except those for newspapers, magazines, or other periodicals, shall be accompanied by delivery tickets or sales slips that shall contain the following minimum information:

(i) Name of supplier.

(ii) BPA number.

(iii) Date of purchase.

(iv) Purchase number.

(v) Itemized list of supplies or services furnished.

(vi) Quantity, unit price, and extension of each item, less applicable discounts

(vii) Date of delivery or shipment.

(6) Invoices. An itemized invoice shall be submitted monthly or upon completion of the BPA call, whichever occurs first, for all deliveries made during a billing period and for which payment has not been received. These invoices need not be supported by copies of delivery tickets.

a. Invoicing and Payment by Electronic Funds Transfer (EFT). Payment will be made by electronic funds transfer in accordance with FAR 52.232-33, Payment by Electronic Funds Transfer—System for Award Management.

b. Invoicing and Payment by WideAreaWorkFlow (WAWF). Invoices by this method will be submitted through the WAWF Invoicing, Receipt, Acceptance and Property Transfer (iRAPT) module. Payment will be made by the Defense Finance Accounting Service (DFAS).

(7) Discounts. BPA holders are encouraged to provide discounts in their initial BPA call pricing. Discounts, if not provided at that time, may also be identified by the contractor on its monthly invoices.

(8) Customer Service. The BPA holder shall provide the name of their primary point of contact and contact information (to include a toll free customer service number if available) within seven (7) calendar days after receipt of the finalized Master BPA to the HRCO contracting officer who will in turn disseminate the information to the ordering offices. The USAHCA Contracting Offices will engage this primary point of contact when requesting quotes, establishing calls and for other service and performance problems.

(9) Reviews/Reports. The Government will conduct reviews on the BPA and calls placed against the BPA to ensure that prices and services ordered are provided in accordance with the terms and conditions of the BPA and proper procedures are followed. This review will occur annually at a minimum, but may occur more frequently if determined necessary by the HRCO KO. The BPA holder shall provide documentation in support of such reviews as requested.

In addition, the BPA holder shall provide a quarterly report of all calls issued which includes the call number, the required fill rate, the fill rate met, and the turnover rate, no later than 5 working days following the end of each quarterly interval, i.e. 05 May, 05 August, 05 November, and 05 February. Failure to do so may result in the cancellation of the BPA. All USAHCA RHCOs will submit a monthly BPA register specific to the call(s) placed each month to the HRCO KO in a format specified by the HRCO KO. If CPARS applies to the call (see paragraph (12) below), the Government CPAR focal point for the ordering office is responsible for registering the calls.

(10) Notification Concerning Unauthorized Calls. Any services provided pursuant to a call made by an unauthorized person may result in the non-payment for such services and possible cancellation of the BPA.

(11) Special Ordering Procedures. When ordering services that require a PWS, the KO issuing the call order will provide a copy of the PWS specific to the requirement to the BPA holder with the individual call.

(12) Competitive Calls. These services are very important to the Government and the Government has a concern that the quoters may under quote specialty pricing. To discourage under quoting, after the Master BPAs are established, if a Master BPA holder submits a quote to a solicitation issued under the BPAs and receives the call, but fails to meet the minimum acceptable fill rate identified in the call, this will be reflected negatively in the BPA holder’s past performance rating. Also, if a Master BPA holder fails to submit a quote on three (3) consecutive solicitations issued under the BPAs, this will also be reflected negatively in the BPA holder’s past performance rating. Note: Normally calls <$1M are not subject to CPARS; however, ordering offices must report via CPARS when the aforementioned applies regardless of dollar value.

(13) Small Business Set-asides for Competitive Calls. As a result of this solicitation, if the Government establishes Master BPAs with two or more Women-Owned Small Businesses (WOSBs) or two or more Service Disabled Veteran Owned Small Businesses (SDVOSBs), the RHCO KO will have the option to set-aside calls as either a WOSB set-aside or a SDVOSB set-aside for all calls with an estimated dollar value of $150,000 or less.

(End of Blanket Purchase Agreement Details)

The provision at FAR 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition. See FAR Provision 52.212-1, Instructions to Offerors – Commercial Items and ADDENDUM TO FAR 52.212-1 for requirements regarding preparation of quotes.

The provision at FAR 52.212-2, Evaluation -- Commercial Items is applicable to this requirement. The provision and the ADDENDUM TO FAR 52.212-2 have been incorporated in full text within the solicitation below.

All quoters shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, with its quote

The clause at FAR 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition. The clause and the ADDENDUM TO 52.212-4 have been incorporated in full text within the solicitation below.

The clause at FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition. All additional FAR clauses cited within this clause that are applicable to the acquisition have been incorporated into the solicitation below.

Any additional contract requirement(s) or terms and conditions determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices have been included in the solicitation below.

The Defense Priorities and Allocations System (DPAS) is not applicable to this requirement.

QUESTIONS CONCERNING THE SOLICITATION: Interested quoters shall submit any questions concerning this solicitation no later than 12:00 PM Central Time on Thursday, June 22, 2017 for the Government’s consideration. Those questions not received within the prescribed date may not be considered. All questions must be submitted in writing to the following e-mail addresses: yesenia.c.rodriguez2.civ@mail.mil and dawn.e.simington.civ@mail.mil.

SOLICITATION RESPONSES: Quotes shall be fully executed and returned by the time specified below. Electronic submission via e-mail is required. Only emailed quotes received directly from the quoter are acceptable. Quotes shall be submitted by email to Yesenia C. Rodriguez, Contracting Officer at yesenia.c.rodriguez2.civ@mail.mil and Dawn E. Simington, Contract Specialist at dawn.e.simington.civ@mail.mil no later than 12:00 PM Central Time on Friday, July 14, 2017. All quotes received after this due date and time may be considered late in accordance with FAR 52.212-1(f).

CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017

ADDENDUM TO 52.212-4

(w) Insurance Requirements – Before commencing work under a call, the BPA holder shall certify to the Contracting Officer issuing the call order, in writing that the required insurance has been obtained by the BPA holder and (if applicable) their subcontractors (See FAR Clause 52.228-5). The following insurance as referenced in FAR 28.307-2, is the minimum insurance required:

Workers’ Compensation and Employer’s Liability – BPA holders are required to comply with applicable Federal and State workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except where contract operations are so commingled with a BPA holder’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker’s compensation to be written by private carriers.

General Liability – Bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

Automobile Liability – Automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all company owned and operated* automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims. *All vehicles operated on a Government installation shall maintain automobile liability insurance. However, the liability coverage required herein, to be certified before commencing work under this contract, will be for company owned and operated vehicles (i.e.

company cars) only. If the BPA holder does not intend to use company cars for performance of contract requirements, the BPA holder shall clearly state so with their insurance certification.

(x) The non-FAR Part 12 discretionary FAR and DFARS clauses included herein are incorporated into this contract either by reference or in full text. If incorporated by reference, see clause 52.252-2 herein for locations where full text can be found.

(End of ADDENDUM TO 52.212-4)

52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

OCT 2010

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

APR 2014

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2016 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

JUL 2013

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-8 Utilization of Small Business Concerns NOV 2016 52.219-14 Limitations On Subcontracting NOV 2011 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-41 Service Contract Labor Standards MAY 2014 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

MAY 2014

52.222-50 Alt I Combating Trafficking in Persons (MAR 2015) Alternate I MAR 2015 52.222-54 Employment Eligibility Verification OCT 2015 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.224-1 Privacy Act Notification APR 1984

52.224-2 Privacy Act APR 1984 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-18 Availability Of Funds APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991 52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.249-12 Termination (Personal Services) APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General DEC 2012 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.225-7012 Preference For Certain Domestic Commodities AUG 2016 252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7006 Wide Area WorkFlow Payment Instructions MAY 2013 252.232-7010 Levies on Contract Payments DEC 2006

CLAUSES INCORPORATED BY FULL TEXT

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015)

(a) Definitions. As used in this clause--

Agent means any individual, including a director, an officer, an employee, or an independent Contractor, authorized to act on behalf of the organization.

Full cooperation—

(1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete response to Government auditors' and investigators' request for documents and access to employees with information;

(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not require--

(i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; or

(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and

(3) Does not restrict a Contractor from--

(i) Conducting an internal investigation; or

(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment;

and similar positions).

Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

Subcontractor means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime contractor or another subcontractor.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Code of business ethics and conduct. (1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the Contractor shall--

(i) Have a written code of business ethics and conduct;

(ii) Make a copy of the code available to each employee engaged in performance of the contract.

(2) The Contractor shall--

(i) Exercise due diligence to prevent and detect criminal conduct; and

(ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law.

(3)(i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed--

(A) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code; or

(B) A violation of the civil False Claims Act (31 U.S.C. 3729-3733).

(ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained pursuant to the Contractor's disclosure as confidential where the information has been marked “confidential” or “proprietary” by the company. To the extent permitted by law and regulation, such information will not be released by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any department or agency within the Executive Branch if the information relates to matters within the organization's jurisdiction.

(iii) If the violation relates to an order against a Government wide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract.

(c) Business ethics awareness and compliance program and internal control system. This paragraph (c) does not apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract or if this contract is for the acquisition of a commercial item as defined at FAR 2.101. The Contractor shall establish the following within 90 days after contract award, unless the Contracting Officer establishes a longer time period:

(1) An ongoing business ethics awareness and compliance program.

(i) This program shall include reasonable steps to communicate periodically and in a practical manner the Contractor's standards and procedures and other aspects of the Contractor's business ethics awareness and compliance program and internal control system, by conducting effective training programs and otherwise disseminating information appropriate to an individual's respective roles and responsibilities.

(ii) The training conducted under this program shall be provided to the Contractor's principals and employees, and as appropriate, the Contractor's agents and subcontractors.

(2) An internal control system.

(i) The Contractor's internal control system shall--

(A) Establish standards and procedures to facilitate timely discovery of improper conduct in connection with Government contracts; and

(B) Ensure corrective measures are promptly instituted and carried out.

(ii) At a minimum, the Contractor's internal control system shall provide for the following:

(A) Assignment of responsibility at a sufficiently high level and adequate resources to ensure effectiveness of the business ethics awareness and compliance program and internal control system.

(B) Reasonable efforts not to include an individual as a principal, whom due diligence would have exposed as having engaged in conduct that is in conflict with the Contractor's code of business ethics and conduct.

(C) Periodic reviews of company business practices, procedures, policies, and internal controls for compliance with the Contractor's code of business ethics and conduct and the special requirements of Government contracting, including--

(1) Monitoring and auditing to detect criminal conduct;

(2) Periodic evaluation of the effectiveness of the business ethics awareness and compliance program and internal control system, especially if criminal conduct has been detected; and

(3) Periodic assessment of the risk of criminal conduct, with appropriate steps to design, implement, or modify the business ethics awareness and compliance program and the internal control system as necessary to reduce the risk of criminal conduct identified through this process.

(D) An internal reporting mechanism, such as a hotline, which allows for anonymity or confidentiality, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.

(E) Disciplinary action for improper conduct or for failing to take reasonable steps to prevent or detect improper conduct.

(F) Timely disclosure, in writing, to the agency OIG, with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of any Government contract performed by the Contractor or a subcontractor thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed a violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 U.S.C. or a violation of the civil False Claims Act (31 U.S.C. 3729-3733).

(1) If a violation relates to more than one Government contract, the Contractor may make the disclosure to the agency OIG and Contracting Officer responsible for the largest dollar value contract impacted by the violation.

(2) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract, and the respective agencies' contracting officers.

(3) The disclosure requirement for an individual contract continues until at least 3 years after final payment on the contract.

(4) The Government will safeguard such disclosures in accordance with paragraph (b)(3)(ii) of this clause.

(G) Full cooperation with any Government agencies responsible for audits, investigations, or corrective actions.

(d) Subcontracts.

(1) The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts that have a value in excess of $5.5 million and a performance period of more than 120 days.

(2) In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

(End of clause)

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)

(a) Definitions. As used in this clause--

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.

(End of clause)

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 agreement. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days prior to agreement expiration.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 561320- assigned to contract number TBD.

(Contractor to sign and date and insert authorized signer's name and title).

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT

(DEC 2010)

(a) During the term of this contract, the Contractor shall post an employee notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR 471.2(d) and (f).

(1) Physical posting of the employee notice shall be in conspicuous places in and about the Contractor's plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract.

(2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice electronically by displaying prominently, on any Web site that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor's Web site that contains the full text of the poster. The link to the Department's Web site, as referenced in (b)(3) of this section, must read, ``Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers.''

(b) This required employee notice, printed by the Department of Labor, may be--

(1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S.

Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

(2) Provided by the Federal contracting agency if requested;

(3) Downloaded from the Office of Labor-Management Standards Web site at http://www.dol.gov/olms/regs/compliance/EO13496.htm; or

(4) Reproduced and used as exact duplicate copies of the Department of Labor's official poster.

(c) The required text of the employee notice referred to in this clause is located at Appendix A, Subpart A, 29 CFR Part 471.

(d) The Contractor shall comply with all provisions of the employee notice and related rules, regulations, and orders of the Secretary of Labor.

(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with 29 CFR 471.14 and subpart 9.4. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471, which implements Executive Order 13496 or as otherwise provided by law.

(f) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (f), in every subcontract that exceeds $10,000 and will be performed wholly or partially in the United States, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor.

(2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this clause.

(3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance.

(4) However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

(End of clause)

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION

Army Fringe Benefit Rate = 40.0%

Employee Class General Schedule Monetary Fringe Equivalent Wage Benefits