W912HZ19R0019_ERDC_PHYSICIANS_SERVICES.pdf
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W912HZ19R0019 PHYSICIANS SERVICES
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SEE ADDENDUM
(No Collect Calls)
W912HZ19R0019 28-May-2019
b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME
12:00 PM 17 Jun 2019
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
W912HZ9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
LEAH B COBB
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
W81EWF90637834
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED ORX
SMALL BUSINESS
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
ERDC CONTRACTING OFFICE
3909 HALLS FERRY ROAD
VICKSBURG MS 39180-6199
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE 16. ADMINISTERED BY
SEE SCHEDULE
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$11,000,000
NAICS:
621111
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF63
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
W912HZ19R0019
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 12 Months
BASE YEAR
FFP
PROVIDE PHYSICIAN’S SERVICES IN ACCORDANCE WITH
PERFORMANCE WORK STATEMENT.
FOB: Destination
MILSTRIP: W81EWF90637834
PURCHASE REQUEST NUMBER: W81EWF90637834
NET AMT
0002 12 Months
OPTION OPTION YEAR 1
FFP
PROVIDE PHYSICIAN’S SERVICES IN ACCORDANCE WITH
PERFORMANCE WORK STATEMENT.
FOB: Destination
0003 12 Months
OPTION OPTION YEAR 2
FFP
PROVIDE PHYSICIAN’S SERVICES IN ACCORDANCE WITH
PERFORMANCE WORK STATEMENT.
0004 12 Months
OPTION OPTION YEAR 3
FFP
PROVIDE PHYSICIAN’S SERVICES IN ACCORDANCE WITH
PERFORMANCE WORK STATEMENT.
0005 12 Months
OPTION OPTION YEAR 4
FFP
PROVIDE PHYSICIAN’S SERVICES IN ACCORDANCE WITH
PERFORMANCE WORK STATEMENT.
0006 6 Months OPTION 6 Month Option
FFP
PROVIDE PHYSICIAN’S SERVICES IN ACCORDANCE WITH
PERFORMANCE WORK STATEMENT.
Section C - Descriptions and Specifications
PERFORMANCE WORK STATEMENT
PERFORMANCE WORK STATEMENT
1. SERVICES TO BE PERFORMED. The Contractor shall provide physician's services on-site at the U.S. Army Engineer Research and Development Center (ERDC) located at the Waterways Experiment Station, 3909 Halls Ferry Road, Vicksburg, Mississippi.
1.1 Hours of Performance. Services shall be provided on each Monday and
Wednesday, Federal holidays excluded, between the hours of 8:00 a.m. and 12:00 noon unless both parties mutually agree to an alternate schedule. The physician may occasionally be contacted by the Government at other times for medical guidance or assistance during normal business hours. Services will not be required during any period when the ERDC is closed, for example, during inclement weather or on a locally observed holiday.
1.2 Continuity of Services. In the event that the Contractor's regular physician is unable to provide the scheduled services, the Contractor shall furnish a substitute, equally qualified physician who shall provide services as specified herein.
2. SCOPE.
2.1 Occupational Safety and Health. On-site physician's services shall be furnished under this contract for civilian and military employees of the ERDC as specified herein.
2.2 Military Sick Call. Physician's services shall be provided in support of limited sick call for the military personnel on active duty at the ERDC and for their eligible dependents 12 years of age and older.
2.3 Emergency Medical Services. If a life-threatening medical disorders, such as cardiac arrest, arises during the times the physician is on-site, emergency medical care shall be given to anyone at the ERDC including visitors, until the patient can be transferred to emergency medical personnel.
3. CONTRACTOR PERSONNEL MINIMUM QUALIFICATIONS. Physicians performing under this contract shall be licensed medical doctors who are qualified to practice in the Vicksburg, Mississippi, area. They shall be familiar with Health Insurance Portability and Accountability Act (HIPAA) requirements and shall be graduates of a medical school approved by the Council on Medical Education and Hospitals of the American Medical Association. Additionally, all physicians performing under this contract shall have education, training, or experience either in preventive medicine or in occupational health.
4. GOVERNMENT RESPONSIBILITIES.
4.1 Support. The Government will provide the following at no cost to the Contractor:
(1) Facilities for patient waiting, interviewing/counseling, examination, treatment, and recovery.
(2) Facilities for the physician's administrative activities.
(3) Storage area for the physician's supplies and equipment.
(4) Furniture and equipment.
(5) Office and patient care supplies.
(6) Patient appointment/scheduling services.
(7) Patient medical record management.
(8) Registered nurse.
(9) Utilities, including water, electricity, telephone, and internet access services.
(10) On-site transportation necessary for response to medical emergencies and for inspection of the work environment.
(11) Overall management of the health services program, including the establishment of program priorities, non-medical procedures, and policies.
5. PHYSICIAN'S RESPONSIBILITIES.
5.1 Medical Direction. The physician shall provide medical expertise to the Safety and Occupational Health program, and shall provide the nurse medical guidance in performing nursing services.
5.2 Confers with Patient's Personal Physician and/or with Government-paid Physicians at Remote Locations. With the patient's consent, the physician may communicate with the patient's personal physician and/or with Government-paid physicians at remote locations on all health matters, e.g., abnormal physical findings, emotional disturbance, care of occupational and non- occupational injuries and illnesses, return to work, rehabilitation, and job requirements.
5.3 Immunizations. The physician shall provide medical counsel concerning immunization of civilian employees, military personnel and eligible military dependents 12 years of age and older.
5.4 Occupational Injuries and Illnesses. The physician shall provide prompt diagnosis, treatment, and recommendations regarding rehabilitation services for occupational injuries and illnesses to civilian employees and to military personnel.
5.5 Occupational Physical Examination (Medical Surveillance) Program.
5.5.1 Upon request, the physician shall work with the registered nurse in establishing appropriate protocols for occupational medical examinations, including such factors as:
employee inclusion criteria, required medical tests and examinations, frequency of tests and examinations, employee notification procedures, interpretation of results, and identification of follow-up requirements.
5.5.2 Occupational physical examinations performed under this contract will usually be one of two types: either preplacement or periodic. Preplacement physicals are performed to ensure the proper placement of individuals consistent with established job requirements.
Periodic physicals are given to employees who are exposed to environmental conditions which may result in occupational illness or injury.
5.5.3 In addition to actually performing physical examinations, the physician will be required to interpret physical capacities of individuals in relation to the requirements of assigned duties. The physician's interpretation shall be based upon the documented results of a recent medical examination (performed either under this contract or by physicians under separate contract to the Government), all of which will be recorded on Standard Form 78, Record of Physical Examination.
5.5.3 The physician shall discuss and interpret medical findings with individuals when health problems are found. The physician may refer patients for further medical attention as the situation warrants. When appropriate, patients will be encouraged to consult their personal physician. Upon request by the patient's personal physician and with the patient's permission, the results of examinations conducted under this contract will be transmitted to the patient's personal physician.
5.6 Return to Work Evaluations. Upon request by the Government, the physician shall interview or examine an employee returning to work after disability or illness absence and shall review reports from the employee's personal physician. When indicated, the physician shall confer with the employee's personal physician in order to determine the employee's fitness to return to work. The physician shall exercise medical judgment in recommending any appropriate modifications or changes in the employee's normal work assignments, considering the employee's disability, physical requirements of the employee's position, and established Government policy.
5.7 Non-occupational Injuries, Illnesses, and Physical Examinations. See paragraph
2.3, above, regarding life-threatening medical disorders, such as cardiac arrest, arising during the times the physician is available under this contract.
5.7.1 Civilian Employees.
5.7.1.1 The diagnosis and treatment of non-occupational injuries and illnesses among civilian employees are primarily the responsibilities of each individual's personal physician.
5.7.1.2 In the diagnosis and treatment of non-occupational disabilities of civilian employees, physician's services provided under this contract shall be limited to the following:
(1) First-aid or palliative treatment of minor disorders if the condition is one for which the individual would not reasonably be expected to seek the attention of his/her personal physician.
(2) Treatment which will enable the employee to complete the current work shift before consulting his/her personal physician.
5.7.2 Military Personnel and their Eligible Dependents 12 Years of Age and Older. In the diagnosis and treatment of non-occupational disabilities of military personnel and their eligible dependents 12 years of age and older, physician's services provided under this contract shall be limited to the following:
(1) Limited sick call: outpatient diagnosis and treatment services not requiring
X- rays or lab tests. May include the writing of prescriptions if the physician deems it appropriate. See exclusions listed in paragraph 7, below.
(2) Physicals: preschool and athletic physicals for school-age dependents of military personnel.
5.8 Education, Counseling, and Referral. In collaboration with the nurse, the physician shall counsel and instruct patients in healthful living, in both the work and non-work environment. Patients shall be given advice about health needs and available community facilities.
5.9 Absence/cost Control. At the request of the Government and in collaboration with the nurse, the physician shall:
(1) Examine employees before they leave work due to alleged illness or injury or upon their return to work following absence due to alleged illness or injury.
(2) Examine an employee who has applied for or who is receiving continuation of pay or compensation as a result of an on-the-job injury or disease to determine medical limitations that may affect placement decisions.
(3) Periodically review the personal health records of employees with excessive absenteeism due to illness or injury. On a selective basis, interview or examine employees with frequent or questionable illness absence records.
(4) Closely monitor (through followup evaluations, review of medical reports, or telephonic consultations with the patient's treating physician) the status of any employee who is out of work more than 3 days; advise the treating physician as to the availability of light duty; and assure the treating physician that the Government will adhere to any physical restrictions that he/she may impose.
5.10 Inspection of the Work Environment. As deemed appropriate and necessary, the Government will provide the physician an inspection tour of the work environment for the purpose of detecting and appraising health hazards and to familiarize the physician with the physical requirements of various job categories. The physician shall also provide recommendations for any preventive or corrective actions needed to ensure a safe, healthful work environment.
5.11 Health Record Maintenance. The physician shall assist the nurse in developing and maintaining a complete individual patient health record, including examination reports, care given at each visit to the health service, and illness absentee reports. All health records shall be kept confidential.
5.12 Consultation to Management. Upon request by the Government, the physician shall provide medical consultation to management concerning the Safety and Occupational Health program and related areas such as OWCP, OSHA, and the American with Disabilities Act.
5.13 Evaluation of Requests for Reasonable Accommodations. Upon request by the
Government, the physician shall evaluate the medical usefulness of accommodations suggested by the employee or the employee's personal physician.
5.14 Employability Decisions. Physicians may be asked to make recommendations to management regarding employability, but physicians do not have authority to release employees from work. The decision as to whether or not an employee is able to perform his/her regular duties (or light duties) is a management, not a medical, decision. Medical information may be relevant, but the Government is responsible for considering other, non-medical issues and for making final decisions on such matters. The responsibility for determining an individual's ability to perform the essential duties of a particular position rests solely with the Government.
5.15 Commercial Drivers License Physicals. The US Department of Transportation
(DOT) requires Commercial Drivers License (CDL) holders to be examined periodically to ensure the drivers' ability to safely operate commercial vehicles. Physicians performing under this contract are required to perform DOT medical examinations of ERDC employees whose jobs require a CDL. Not later than May 21, 2020, physicians performing under this contract shall be registered in the National Registry of Certified Medical Examiners maintained by the DOT Federal Motor Carrier Safety Administration (FMCSA).
5.16 Underwater Diver Physicals. It is desirable, but not required, that the physician performing under this contract be qualified to perform underwater diver physicals for ERDC employees whose jobs entail underwater diving duties. In order to be qualified to perform such physicals, the physician must be either a Diving Physician, an Aviation Medical Examiner, or other licensed physician trained in hyperbaric medicine. Physicians who perform underwater diver physicals will be required to sign a fitness for duty letter stating that the physician is experienced with and/or knowledgeable of the specific requirements of dive medicine, hyperbaric medicine, or similar applicable medical fields and that to the best of his knowledge the employee is (or is not) cleared for underwater diving activities.
Underwater divers must be re-examined by a physician and reapproved for diving duties annually or after any serious injury or illness.
6. EXCLUSIONS. This contract does not include:
(1) Military physicals.
(2) Prenatal, postnatal, and child (less than 12 years old) care.
(3) Obstetrics.
(4) Gynecology.
(5) Surgery.
(6) Routine eye examinations.
(7) Dental care (other than emergency care and palliative treatment).
(8) Laboratory services.
(9) X-ray examinations.
(10) In-patient services.
(11) Drugs and medication.
(12) Ambulance services.
(13) House calls.
(14) Prosthetic devices.
(15) Orthopedic aids.
(16) Inspection of work areas more than 10 miles from Vicksburg, Mississippi.
(17) Nervous, mental, and emotional disorders.
(18) Medical and surgical care of personnel who are hospitalized, or who are receiving treatment under conditions that provide a basis for separate reimbursement.
(19) Drug screening.
7. SECURITY REQUIREMENTS
All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website:
http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum.
All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.
The contractor and all sub-contractors employees will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an interim CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management.
Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190- 13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.
The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.
All contractor employees with access to a government info system must be registered in the Army Training Certification Tracking System (ATCTS) at commencement of services, and must successfully complete the DOD Information Assurance Awareness prior to access to the information systems and then annually thereafter in accordance with personnel security standards listed in AR 25-2 (Information Assurance), an appropriate background investigation will be conducted prior to accessing the government information systems.
All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. OPSEC awareness training is available at the following websites: https://www.iad.gov/ioss/ or http://www.cdse.edu/catalog/operations-security.html; or it can be provided by the RA OPSEC Officer in presentation form which will be documented via memorandum.
All contractor employees and associated sub-contractor employees must complete the DoD IA awareness training before issuance of network access and annually thereafter. All contractor employees working IA/IT functions must comply with DoD and Army training requirements in DoDD 8570.01, DoD 8570.01-M and AR 25-2 within six months of employment.
All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.
The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 01-JUL-2019 TO
30-JUN-2020
N/A N/A
0002 POP 01-JUL-2020 TO
30-JUN-2021
0003 POP 01-JUL-2021 TO
30-JUN-2022
0004 POP 01-JUL-2022 TO
30-JUN-2023
0005 POP 01-JUL-2023 TO
30-JUN-2024
0006 POP 01-JUL-2023 TO
30-JUN-2024
CLAUSES INCORPORATED BY FULL TEXT
52.242-15 STOP-WORK ORDER (AUG 1989)
(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either--
(1) Cancel the stop-work order; or
(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.
(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if--
(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and
(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage;
provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.
(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.
(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.
(End of clause)
Section G - Contract Administration Data
G.1. Contracting Officer's Representative. The Contractor will be notified in writing of the Contracting Officer's Representative (COR) and the authority which the COR will exercise under the terms of this contract. The COR will be the Government's contact person for the Contractor in all matters relating to this contract.
G.2. Contractor Representative. The Contracting Officer shall be notified in writing of the name, address and telephone number of the person who will represent the Contractor. The notification shall also state the authority which the Representative can exercise under the terms of this contract.
G.3. Invoice Submission and Payment. The Contractor shall provide invoices in accordance with FAR 32.905(b). Electronic invoice submissions must be created in black and white and in Adobe’s Portable Document Format (PDF) and comply with the requirements specified within this contract. At a minimum, invoices will contain the following elements:
• Name and address of the Contractor (Note: Differences between the remittance address on the invoice and the data on record in the System for Award Management (SAM) can potentially cause delays in payment. Please verify this data agrees exactly.).
• Invoice date and number.
• Entire Contract number, contract line item number and modification number as applicable.
• Description, quantity, unit of measure, unit price and extended price of the item delivered.
Item description must match those contained in the contract description.
• Delivery tracking information to include tracing number and name of the person accepting delivery as applicable.
• In cases where there is no physical delivery, please include all email correspondence to the electronic delivery POC (the customer) when the product becomes available for download or is renewed in accordance with the statement of work. Read receipts may help substantiate electronic delivery.
• Name and address of official to whom payment will be sent.
All invoices for this contract action shall be emailed to the following location for processing:
CEFC-payments@usace.army.mil A copy of each invoice shall be emailed to:
Fredrick.Ragan@usace.army.mil Final invoices with respect to a specific contract shall be clearly marked “FINAL” and submitted within 45 days after period of performance end date specified in contract. NOTE: In some cases, the first invoice may also be the final invoice.
GENERAL INFORMATION
NOTE: Specifications and any amendments, which may be issued to this solicitation, may be obtained from the Federal Business Opportunities (FedBizOpps) Web Page at http://www.fedbizopps.gov/
1. PLEASE SUBMIT ALL PROPOSALS IN RESPONSE TO THIS RFP ON
OR BEFORE 17 June 2019, 12:00 PM, CST.
Proposals are to be submitted via email to: Leah.B.Cobb@usace.army.mil
2. DELIVERY FOB: DESTINATION (See delivery location in specifications)
3. Payment Terms:
4. REGISTERED ON SAM.GOV?
YES _____NO
NOTE: No. 4 is very important (See Clause 52.204-99)! If you are not registered on SAM, an award CANNOT be made to your company. You may register electronically at https://www.sam.gov.
Registering electronically will expedite the registration process.
5. DUN & BRADSTREET NUMBER:
6. CAGE CODE:
7. COMPLETE APPLICABLE INFORMATION ON THE FRONT OF THIS
FORM (STANDARD FORM 1449), THE BID SCHEDULE. INCLUDE
REPRESENTATION AND CERTIFICATIONS INCLUDING 52.212-3, OFFEROR
REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (NOV
2017). SEE SECTION L FOR ADDITIONAL REQUIREMENTS.
PLEASE PROVIDE THE FOLLOWING INFORMATION:
a) PHONE NUMBER:
b) FAX NUMBER:
c) E-MAIL ADDRESS:
d) PAYMENT ADDRESS IF DIFFERENT FROM MAILING ADDRESS:
e) POINT OF CONTACT:
GOVERNMENT CONTRACTING POINT OF CONTACT:
Leah B. Cobb
PHONE: (601) 634-6694
EMAIL: Leah.B.Cobb@usace.army.mil
Section I - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
52.203-11 Certification And Disclosure Regarding Payments To
Influence Certain Federal Transactions
SEP 2007
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-99 System for Award Management Registration (DEVIATION) AUG 2012 52.209-5 Certification Regarding Responsibility Matters OCT 2015 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.223-6 Drug-Free Workplace MAY 2001 52.223-9 Estimate of Percentage of Recovered Material Content for
EPA-Designated Items
MAY 2008
52.223-10 Waste Reduction Program MAY 2011 52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.224-3 Privacy Training JAN 2017 52.227-17 Rights In Data-Special Works DEC 2007 52.233-2 Service Of Protest SEP 2006 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-3 Continuity Of Services JAN 1991 52.237-7 Indemnification and Medical Liability Insurance JAN 1997 52.239-1 Privacy or Security Safeguards AUG 1996 52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998 252.204-7006 Billing Instructions OCT 2005 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
252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.232-7010 Levies on Contract Payments DEC 2006
CLAUSES INCORPORATED BY FULL TEXT
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision.
(a) Definitions. As used in this provision --
“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"Forced or indentured child labor" means all work or service-
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“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).
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except--
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
“Sensitive technology”--
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“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 size standards in this solicitation.
“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
“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.
“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.
The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
“Veteran-owned small business concern” means a small business concern--
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
“Women-owned small business concern” means a small business concern--
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or
(2) Whose management and daily business operations are controlled by one or more women.
“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.
[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.
(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a women-owned small business concern.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--
(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--
(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
(10) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--
(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and
(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(d) Certifications and representations required to implement provisions of Executive Order 11246--
(1) Previous Contracts and Compliance. The offeror represents that--
(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and
(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that--
(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or
(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or…
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