NRMC_Nurse_RFP__11-8-12.doc

Section SF 1449 - CONTINUATION SHEET

Each

NURSING SERVICES

FFP

The Ordering Period is 11 February 2013 through 10 February 2018. Contractor shall provide Nursing Services in all medical specialties as defined by the Performance Work Statement (PWS) for Military Treatment Facilities (MTFs) within the US Army Medical Command (MEDCOM) Northern Regional Medical Command and Tricare North Region facilities that are within any of the wage determination areas listed in Enclosure 8 of the Performance Work Statement (ie, Wage Determination #2005-2377, #2005-2379, etc.). Contractor is to perform in accordance with the terms and condition of this contract and the included PWS. See Attachment 1 for price matrix of Northern Regional Medical Command MTFs locations and provider specialties.

FOB: Destination

NET AMT

Travel

Ordering Period is 11 February 2013 through 10 February 2018. This is a cost reimbursable CLIN. Travel incidental to services being performed will be reimbursed in accordance with the Joint Federal Travel Regulation (JFTR), and will not exceed the maximum per diem rate (meals and lodging), and transportation costs, in effect at the time of travel. Documentation to support actual costs incurred shall meet JFTR standards. The contractor shall bill any travel reimbursement costs against this line item, submit appropriate documentation, and shall not exceed the ceiling amount of this line under any circumstances, without prior approval of the Contracting Officer.

NET AMT

ACCOUNTING FOR CONTRACTOR SERVICES

Ordering Period is 11 February 2013 through 10 February 2018. Mandatory annual data reporting in accordance with (IAW) PWS Paragraph 3.10. Reporting shall be for the period of performance not to exceed twelve (12) months ending September 30 of each Government fiscal year and must be reported by October 31 of each calendar year. (See Attachment 1 - Price Matrix) Note: Only one CMR report will be ordered for each applicable period of performance (fiscal year), regardless of the number of task orders performed by the contractor, and will be included on the first task order issued to a contractor.

NET AMT

MINIMUM GUARANTEE

The minimum guarantee shall cover contractor attendance (in person or by telephone) at the post-award conference scheduled within 30 days after contract and submission of the Quality Control plan and transition plan as required in paragraph 7.1 and 7.2 of the Performance Work Statement.

NET AMT

ORDERING

The US Army Medical Command (MEDCOM) Northern Regional Contracting Office

(NRCO) intends to make multiple contract awards for Nursing Services for the Northern Regional Medical Command (NRMC). A maximum of five contracts may be awarded for NRMC as a result of this solicitation. All NRMC Regional Contracting Offices (RCOs) located within the NRMC Area of Responsibility are authorized to issue task orders for their region. The RCOs may issue task orders under this contract for other DoD agencies having similar requirements within the NRMC Area of Responsibility. DoD agencies which are part of the Tricare North region are authorized to issue task orders for facilities that are within any of the wage determination areas listed in Enclosure 8 of the Performance Work Statement (ie, Wage Determination #2005-2377, #2005-2379, etc.).

MINIMUMS AND MAXIMUMS

The minimum guaranteed amount for each contract is $1,000.00. The estimated maximum value for all contracts combined for the life of the contracts is $381,000,000.

NOTE:

For those offerors planning to engage in a teaming arrangement or to use subcontractors, a conflict of interest may be created if a company is identified as a prime contractor, teaming partner/subcontractor, or as a member of a Joint Venture on more than one proposal. The Government’s strong preference is that each company participates in only one proposal. If the contracting officer concludes during proposal evaluation that a potential conflict of interest exists because one or more companies have participated in more than one proposal as a prime contractor, teaming partner/subcontractor, or as a member of a Joint Venture, the contracting officer reserves the right to require a conflict of interest mitigation plan from the prime contractors (offerors) of those proposals. If an offeror fails to submit a plan, or submits an inadequate plan, the offeror may not be considered. Companies which have entered into Mentor-Protégé agreements may submit a single proposal (as a joint venture or with one company being the prime or lead.) If the Mentor and Protégé companies intend to submit separate proposals, they must submit independent proposals and cannot avail themselves of any assistance or cooperation provisions contained in the Mentor-Protégé Agreement.

This is a 100% small business set aside procurement under NAICS 621399 with a size standard of $7M.

DELIVERY INFORMATION

10-FEB-2018

10-FEB-2018

10-FEB-2018

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

(c) 52.212-4(c) is changed to read as follows:

Changes in the terms and conditions of this contract may be made only by written agreement of the parties. However, any administrative changes such as change of the finance office, typographical or grammatical errors, bimonthly payment to authorized Contractors, exercise of contract option periods, and the option to extend the term of the contract, may be changed unilaterally by the Government provided that such exercise is in accordance with the terms and conditions of the contract.

(u) See FAR Clause 52.228-5. Before commencing work under the contract, the contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained by the contractor and their subcontractors. The following insurance as referenced in FAR 28.306(b)(1), is the minimum insurance required:

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 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.

Workers’ Compensation and Employer’s Liability—Contractors are required to comply with applicable Federal and State worker’ 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 contractor’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.

(v) TASK ORDER PROCEDURES

1. GENERAL INFORMATION: The Government will issue the Task Order Proposal Request (TOPR) to the prime contractor(s) consistent with the ordering procedures contained in FAR, DFARS and other guidance. The Government intends to give all multiple award contractors a “fair opportunity” to compete for all task orders unless an exception is authorized in statute or regulation to the “fair opportunity” process (see FAR 16.505(b), and as it may be amended in the future). Task Orders (TO’s) will be issued on a Firm-Fixed Price Basis for personal services.

a. Upon award of the basic IDIQ multiple award contract, NRMC Regional Contracting Offices (RCOs) located within the NRMC Area of Responsibility are authorized to issue task orders for their region. The RCOs may issue task orders under this contract for other DoD agencies having similar requirements within the NRMC Area of Responsibility. DoD agencies which are part of the Tricare North region are authorized to issue task orders for facilities that are within any of the wage determination areas listed in Enclosure 8 of the Performance Work Statement (ie, Wage Determination #2005-2377, #2005-2379, etc.). The Contracting Officer (KO) at each RCO will be responsible for monitoring the overall contractor performance for task orders in their region.

b. The Government may include FAR 52.217-8 Option to Extend Services and FAR 52.217-9, Option to Extend the Term of the Contract, in TOPRs and subsequent task orders when determined appropriate by the RCO Contracting Officer. Task orders may be issued for a one year period and can include option periods.

2. TASK ORDER CRITERIA AND EVALUATION PROCESS: The evaluation criteria will reflect best value analysis for performance-based acquisitions. The FAR encourages consideration of non-price evaluation factors as part of the best value analysis. At a minimum, past performance on earlier task orders under this contract, including but not limited to quality, timeliness and compliance with fill rate requirements, may be the determining factors for task order awards. For the first task order award, the evaluation will be determined solely on price since there will be no past performance from earlier task orders. In submitting task order pricing, contractors are obligated to propose rates no higher than those proposed in Attachment 1 (Price Matrix) for the first five years of performance and any extension of services under this contract, unless the Contractor requests an Economic Price Adjustment (EPA) starting only in year three of the contract period of performance. Contractors may request rate adjustments for the third, fourth and fifth years of the contract period of performance in accordance with procedures outlined in FAR 52.216-4 (Economic Price Adjustment clause), but not for the first or second year of the contract period of performance. If performance of the task order will begin during the first or second year of contract period of performance, the contactor must propose rates no higher than those listed in Attachment 1.

3. The Government may acquire services through the issuance of task orders via a letter or electronically that will be placed in accordance with Federal Acquisition Regulation (FAR) 16.505 and supplemental agency regulations. Performance can only be authorized by issuance of a task order or revision thereto issued by the contracting officer. Any changes will be issued in writing, will set forth any additional obligation incurred by the Government, will be adequately funded, and shall be signed by the KO in advance of the contractor initiating the change.

4. The Contracting Officer will initiate the TOPR process by sending a written TOPR letter, and attachments as appropriate to all awardees electronically via email. As a minimum, the following information shall be included:

Date

Name and email address of COR

Performance Work Statement

Labor categories

Place of performance

Period of performance

Work schedule

On-call hours and specific requirements, if applicable (i.e., response time, duty location, pager, cell, number of On-Call hours required)

Other pertinent data as necessary

Price Matrix for each labor category

Quality Assurance Surveillance Plan (QASP)

Immunization Forms

Instructions and Evaluation of Task Orders

5. Each awardee is expected to participate in the competition for each TOPR under this contract. If an awardee is unable to submit a quote, a brief written statement as to why the awardee is unable to submit a quote is required. Lack of participation in the task order competition will be considered in the Government’s evaluation of the contractor’s performance. Contractors who do not compete for task orders for 12 consecutive months may be eliminated from further competition for future task orders and may be terminated for default.

6. The date for the contractor to begin performance at an MTF will be designated in the TOPRs. Submission of complete credentialing/privileging packages shall be required not less than 30 days after task order award unless otherwise specified in the task order. Performance must begin on the date stated in the task order unless a delay is approved by the KO. Failure to begin performance as stated in the task order or as authorized by the KO will be reflected on performance assessments and may be a basis for termination for default.

7. The MEDCOM Ombudsman will review complaints from contractors regarding the award of Task Orders and ensure that all contractors are afforded a fair opportunity to be considered, consistent with the procedures in the contract. The Task Order contract Ombudsman is:

Ms. Joyce Nadeau

Center for Health Care Contracting, Northern Regional Contracting Office

(NRCO)

2199 Storage Street, Suite 69

Fort Sam Houston, TX 78234-5076

Telephone Number: 210-221-4093

Fax Number: 210-221-4082

E-mail: joyce.nadeau@us.army.mil

8. The non-FAR Part 12 discretionary FAR, DFARS, AFARS, and LOCAL 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 Clause)

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-99 SYSTEM FOR AWARD MANAGEMENT REGISTRATION (DEVIATION)(AUG 2012)

(a) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the retired primary Government repository for Contractor information required for the conduct of business with the Government.

“Commercial and Government Entity (CAGE) code” means—

(1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file. This type of code is known as an “NCAGE code.”

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the SAM database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database;

(2) The Contractor’s CAGE code is in the SAM database; and

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

“System for Award Management (SAM)” means the primary Government repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes—

(1) Data collected from prospective federal awardees required for the conduct of business with the Government;

(2) Prospective contractor submitted annual representations and certifications in accordance with FAR Subpart 4.12; and

(3) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the nonprocurement common rule by agencies, Government corporations, or by the Government Accountability Office.

(b)(1) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS+4.

(3) If indicated by the Government during performance, registration in CCR may be required in lieu of SAM.

(c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) A contractor may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The contractor should indicate that it is a contractor for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The Contractor should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) Reserved.

(e) Processing time for registration in SAM, which normally takes five business days, should be taken into consideration when registering. Contractors who are not already registered should consider applying for registration at least two weeks prior to invoicing.

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

(g)(1)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer sufficient documentation to support the legally changed name with a minimum of one business day’s written notification of its intention to—

(A) Change the name in the SAM database;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

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

(h) Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.acquisition.gov or by calling 866-606-8220, or 334-206-7828 for international calls.

(End of Clause)

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database via https://www.acquisition.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments--

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by--

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for--

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(End of clause)

52.216-4 ECONOMIC PRICE ADJUSTMENT--LABOR AND MATERIAL (JAN 1997)

1. EPA terms will apply only to rates for performance during the third to the fifth year of the contract. The contractor shall provide written notification to the Contracting Officer if the medical care services expenditure category of the Consumer Price Index (CPI) has increased or decreased since contract award, and shall propose increases or decreases in Attachment 1, Price Matrix rates and to the base labor (including fringe benefits) for its HCPs beginning in the third year of contract period of performance. The Contractor shall furnish this notice not later than 90 calendar days prior to the applicable year of performance. If a task order includes options, the notice must be filed no later than 90 calendar days prior to the beginning of the next applicable option period, and any adjustments shall only be applicable in the next option period(s). The Contractor is limited to one adjustment in Attachment 1, Price Matrix rates per annual performance period. The notice shall include the Contractor's proposal for an adjustment in the rates at Attachment 1, Price Matrix, its revised compensation plan which shall include the Contractor’s initial proposed base labor and fringe benefits for all affected HCPs and its proposed increases or decreases in labor and fringe benefits, a breakout of all cost components (e.g., to include but not limited to general and administrative costs, overhead, and profit) of its original and proposed Attachment 1, Price Matrix rates, and the applicable CPI rate and supporting underlying data. For proposed increases, the Contractor's proposal shall also include an explanation of how the change in the CPI has affected its ability to recruit and retain qualified HCPs to perform under the contract, using specific examples if available.

2. The Contracting Officer and Contractor shall negotiate a rate adjustment in the rates at Attachment 1, Price Matrix and its effective date within 60 days after the Contracting Officer receives the notice and data under paragraph 1 of this clause. The Contracting Officer will verify the Contractor's underlying data and conduct separate market research in sufficient depth to satisfy the Contracting Officer as to whether, and the extent to which, pricing adjustments are appropriate. If the Contracting Officer determines that an EPA adjustment is justified, the Contracting Officer shall modify the applicable rates and establish their effective date, subject to availability of funding. The Contractor shall continue performance pending agreement on, or determination of, any adjustment and its effective date. The Contracting Officer will make the final determination in the event of a disagreement between the Contracting Officer and the Contractor over whether or not an EPA adjustment will be made, or over the amount of such an adjustment.

3. Any price adjustment under this clause is subject to the following limitations:

a. The EPA adjustments will be based on Table 3A, medical care services expenditure category of the CPI from the Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/news.release/cpi.t01.htm).

b. When the Contractor requests an adjustment, the Contractor must submit a revised compensation plan for the year in which the adjustment is effective and base wage rates and fringes for all remaining years. If the Contracting Officer approves the adjustment amount, the Contractor shall submit revised figures reflecting the approved amounts.

c. Adjustments shall be to rates of pay (including fringe benefits) only. Changes to any other elements of cost/price will not be considered under this clause. General and administrative expenses, profit, and similar costs will remain unchanged. The contractor shall be required to submit a detailed explanation (per rate in Attachment 1, Price Matrix) that identifies how the Contractor arrived at the adjustment/revision in the rate.

d. No upward adjustment in rates shall apply to services that were performed before the effective date of the adjustment.

e. There shall be no adjustment (increase or decrease) for any change in rates of pay for labor (including fringe benefits) which would not result in a net change of at least 3 percent above or below the applicable rates in Attachment 1, Price Matrix.

f. The total EPA increase made under this clause in any year of contract performance or option period shall not exceed 10 percent of the fixed rates in Attachment 1, Price Matrix. There is no percentage limitation on the amount of decreases that may be made under this clause.

4. The Contracting Officer may unilaterally initiate a downward adjustment in applicable rates in Attachment 1, Price Matrix in the event the CPI rate decreases, even in the absence of a contractor request for a decrease in rates in accordance with the timelines stated in paragraph 1 above. If the Contracting Officer initiates such an action, the Contractor shall submit a revised compensation plan and proposed reductions in Attachment 1, Price Matrix rates consistent with this provision and shall provide such other information the Contracting Officer deems appropriate for purposes of making a downward adjustment in rates.

5. The Contracting Officer may examine the Contractor's books, records, and other supporting data relevant to the rate adjustment during the life of the contract and each task order. This right shall remain in effect until the end of three years after the date of final payment of the last task order under the contract.

(End of Clause)

52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100,000 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of $1,000,000

(2) Any order for a combination of items in excess of $10,000,000 or

(3) A series of orders from the same ordering office within five days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 10 February 2019.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor at least 15 days prior to expiration of contract.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

Applicable to task orders only

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 10 February 2019.

(End of clause)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2012)

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

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 rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, 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 ORCA, or does not have a representation in ORCA 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 621399- assigned to contract number .

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

(End of clause)

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)

CLAUSES INCORPORATED BY FULL TEXT

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)

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

Employee Class Monetary Wage-Fringe Benefits

This information will be provided on the task orders.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond 2014 . The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 2014, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEVIATION)(AUG 2012)

This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012.

(a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.

(b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns.

(c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(End of clause)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.arnet.gov.far http://farsite.hill.af.mil http://www.dtic.mil/dfars (End of clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation (DFARS) (48 CFR )Chapter 2 clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

252.204-7008 EXPORT-CONTROLLED ITEMS (APR 2010)

(a) Definition. Export-controlled items, as used in this clause, means items subject to the Export Administration Regulations (EAR) (15 CFR parts 730-774) or the International Traffic in Arms Regulations (ITAR) (22 CFR parts 120-130). The term includes:

(1) Defense items, defined in the Arms Export Control Act, 22 U.S.C. 2778(j)(4)(A), as defense articles, defense services, and related technical data, and further defined in the ITAR, 22 CFR part 120.

(2) Items, defined in the EAR as ``commodities, software, and technology,'' terms that are also defined in the EAR, 15 CFR 772.1.

(b) The Contractor shall comply with all applicable laws and regulations regarding export-controlled items, including, but not limited to, the requirement for Contractors to register with the Department of State in accordance with the ITAR.