A.09.03_Combined_Synopsis_Solicitation_Amendment_0001.pdf

COMBINED SYNOPSIS/SOLICITATION

Amendment 0001

W91YTZ18Q0213

The Regional Health Contracting Office – Atlantic, Ireland Army Health Clinic, Fort Knox, KY intends to solicit, negotiate, and award a Single-Award Blanket Purchase Agreement (BPA) for Audiology Services as listed in the

Performance Work Statement and Exhibit 1. Services are required for Blue Grass Army Depot and contractors servicing office shall be within 50 miles of Richmond, KY. Proposals shall conform to the requirements of

Addendum to 52.212-1 and FAR 52.212-1 Instructions to Offerors. Award will be made in accordance with

Addendum to FAR 52.212-2 and FAR 52.212-2 Evaluation – Commercial Items.

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Subpart

12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This requirement is being solicited as Unrestricted. This solicitation number W91YTZ18Q0213 is a request for proposal (RFP). The ordering period for the BPA will be a 12 month base year of with four 12 month ordering periods. The NAICS Code is

621340.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition

Circular 2005-100 (as of 22 Aug 18). Interested persons may identify their interest and capability to respond to the requirement and submit proposals. All proposals received after the date of publication of this synopsis will be considered by the Government. Questions concerning this acquisition may be addressed to tiffany.m.narbone.civ@mail.mil no later than 26 November 2018, 4:00 PM Eastern. Submit proposals via email

ONLY to Tiffany M. Narbone at tiffany.m.narbone.civ@mail.mil no later than 30 November 2018 @ 4:00 PM

Eastern.

No telephonic request will be honored.

Clauses and provisions throughout this solicitation can be viewed by accessing website www.acquisition.gov. All offerors are cautioned that if selected for award, they must be registered with the System for Award Management

(SAM) program. The SAM can be accessed via the internet at https://www.sam.gov/portal/public/SAM/.

Confirmation of SAM registration will be validated prior to awarding a contract.

Vendors shall include a completed copy of FAR provision 52.212-3 Alt 1, Offeror Representations and

Certifications with their offer. Offerors shall include a confirmation of receipt of any amendments to this solicitation. Failure to submit a confirmation could result in the offer being determined non- responsive. Clause

52.212-4 Contract Terms and Conditions—Commercial items, applies to this acquisition to include any applicable addenda.

http://www.acquisition.gov/

Section B - Supplies or Services and Prices

BPA Master Dollar Limit: TBD

BPA Call Limit: TBD

Period of Performance: 01-Nov-2018 to 31-Oct-2023 (Adjusted according to award date)

PSC Codes:

Q522

BLANKET PURCHASE AGREEMENT

Between

And

United States Department of Defense

Regional Health Contracting Office - Atlantic

BLANKET PURCHASE AGREEMENT (BPA)

TERMS AND CONDITIONS

ORDERS WILL BE MADE BY PLACING CALLS FOR ITEMS REQUIRED. PAYMENT WILL BE MADE

FOR ITEMS RECEIVED. PAYMENT WILL BE MADE VIA GOVERNMENT PURCHASE CARD BY

AUTHORIZED USER ONLY. CALLS AGAINST THIS BPA WILL ONLY BE PLACED BY AUTHORIZED

INDIVIDUALS LISTED IN PARA 6 BELOW.

1. BLANKET PURCHASE AGREEMENT (BPA)

This agreement is established in accordance with Federal Acquisition Regulation (FAR) Part 13, Subpart 13.303, Blanket Purchase Agreements (BPAs). This Blanket Purchase Agreement (BPA) is entered into on the date in Block

3 of the form 1155 and shall be effective 01 November 2018 through 31 October 2023 (date to be adjusted according to award date) unless sooner cancelled in writing by either party. This Blanket Purchase Agreement has a five year ordering period. The BPA will be reviewed by the Contracting Officer at least once annually before the anniversary of the effective date, and revised to conform to all requirements of Statutes, Executive Orders, and the

FAR as these changes occur. Any revision shall be evidenced by a modification to this BPA.

Pricing will be reviewed by the contractor and the customer prior to the end of each 12 month term of the agreement, in order to assess potential price adjustments based on actual volumes achieved during the year.

There are no funds available for this BPA. Funds will be made available and the Government will only be obligated for payment upon issuance of valid orders placed against this BPA. The Government is only obligated to the extent of authorized orders made against the BPA.

2. DESCRIPTION OF AGREEMENT

Contractor shall provide audiology testing services in accordance with the attached Performance Work Statement

(PWS).

3. PRICING

Pricing is listed in Attachment 1. Any changes to established pricing in this BPA will be submitted in writing to the

Contracting Administrator, Tiffany Narbone @ Tiffany.m.narbone.civ@mail.mil. Activity will be charged established pricing until a modification is done to adjust pricing on the BPA..

4. DELIVERY TICKETS:

All shipments under this BPA shall be accompanied by a delivery ticket that contains the following information:

Name of supplier

BPA Number and CALL Number

Date of request

Request Number

Itemized list of services performed

Quantity, unit price, and extension of each item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information).

Date of Performed Services

5. INVOICES/PAYMENTS:

The contractor shall create a separate invoice for each call. Invoices shall include, at minimum, the information stated under “Delivery Tickets”, above.

Invoice payments will be made via the Government Purchase Card. The contractor shall submit invoices for calls placed by authorized callers to the attention of the ordering individual who will verify material receipt and process payments.

5.1 QUARTERLY REPORTS:

Authorized ordering individuals shall submit monthly call reports no later than the 5th business day of each month to:

Regional Health Contracting Office - Atlantic

Tiffany Narbone: FAX 315-772-1941

E-mail: Tiffany.m.narbone.civ@mail.mil

6. INDIVIDUALS AUTHORIZED TO PLACE CALLS/CALL LIMITATION:

Individuals authorized to place purchases/calls under this agreement are identified by the Regional Health

Contracting Office - Atlantic (RHCO-A) – Fort Drum Contracting Cell and is identified by name, organization component and dollar limitation per call for each individual authorized to place purchases/calls as follows:

NAME ACTIVITY SINGLE PURCHASE LIMIT

Teresa Hall IAHC $2,500

Calls placed by individuals not on the list are “not” authorized and shall not be honored by the contractor. Supplies provided by the contractor in violation of this authorization will be treated as an unauthorized commitment and may result in termination of this agreement by the Government. Changes in the authorized ordering individual list shall require the signature of the Administering Contracting Cell: RHCO-A Fort Drum

Payment for calls placed against subject Blanket Purchase Agreement will be made by Government purchase card.

Card holder: Teresa Hall.

7. PLACEMENT OF ORDERS (CALLS):

Orders shall be placed by authorized personnel as calls against this BPA via FAX, mailed order, telephonically (with written follow-up).

NAME ACTIVITY SINGLE PURCHASE LIMIT

Teresa Hall IRAHC $2,500.00

8. NUMBERING OF PURCHASES/CALLS PLACED UNDER THIS AGREEMENT

Each order under this agreement, paid by Credit Card shall be assigned a call number with a prefix. The prefix X will be used for all calls placed under this BPA. Numbers will consist of three numeric characters, i.e., 001, 002, 003, etc., therefore call numbers will read, for example, X001, X002, X003 etc.

9. TERMS AND CONDITIONS:

9.1. CONTRACTOR RESPONSIBILITIES

9.1.1. Contractor shall provide audiology testing services in accordance with the attached Performance Work

Statement (PWS).

PWS

PERFORMANCE WORK STATEMENT – BLUEGRASS ARMY DEPOT, RICHMOND, KY

AUDIOLOGIST EVALUATIONS

1. 0. INTRODUCTION.

1.0.1. The Contractor shall provide health care support for Blue Grass Army Depot (BGAD). The contractor shall perform Audiology evaluations for eligible Department of the Army civilian employees from BGAD, Richmond, KY, referred from the Occupational Health Nurse. The contractor shall provide the contract services at the contractor’s office, which must be located within a 50 mile radius of BGAD as a required condition for effecting the contract services. These services will be in support of, as needed, audiometric testing, evaluation, and remedial services for patients with a variety of hearing problems, meeting or exceeding current recognized national standards as established by the Joint Commission and the American Medical Association (AMA). The services will be of a nature and scope described in the paragraphs below. The Contractor shall provide the non-personal services of

Audiologist licensed to perform services of the nature and scope described in this Performance Work Statement

(PWS).

1.0.1.1. The quality of care provided by the Contractor HCP shall be of a quality meeting or exceeding currently recognized national standards as established by the Joint Commission (JC). Contractor HCP shall give the highest regard to patient dignity and observe the precepts of the American Hospital Association’s Bill of Rights for Patients.

1.1. GENERAL.

1.1.1. This contract is a non-personal services contract. Performance under a non-personal services contract means the personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees and is viewed as an independent contractor. The Government may evaluate the quality of professional and administrative services provided.

1.1.2. Malpractice Insurance. Direct health care providers in performance of services are not responsible for obtaining medical malpractice insurance under this contract in accordance with the Gonzales Act (10 U.S.C. Section

1089, also known as the Medical Malpractice Immunity Act). The Government will not reimburse or otherwise pay for medical malpractice insurance should it be purchased by the contractor or contractor employees.

1.1.3. Confidentiality / HIPAA. The Contractor HCP shall abide by AR 40-3 and AR 40-66 concerning the nature of limited privileged communication between patient and health care provider for security and personnel reliability programs. The Contractor HCP shall abide by AR 40-66 concerning the confidentiality of patient records, as embodied in federal statutes including the Privacy Act of 1974 and the Drug and Alcohol Act, Public Law 92-129 and HIPAA. The Contractor HCP shall direct all requests for medical information on patients to the Chief, Patient

Administration Division. The Contractor HCP shall not release any medical or personal information on a patient without first receiving written approval from the government. Government will provide the regulations upon request by the Contractor HCP. The contractor shall abide by the Standards for Privacy of Individually Identifiable

Health Information of the Health Insurance Portability and Accountability Act (HIPAA), Public Law 104-91. The contractor shall not use or further disclose Protected Health Information other than as permitted or required by this contract or as required by Law. The contractor shall use appropriate safeguards to prevent use or disclosure of the

Protected Health Information. The contractor shall mitigate, to the extent practicable, any harmful effect that is known to the contractor of a use of disclosure of Protected Health Information by the contractor in violation of the requirements of this contract. The contractor shall report to the government any use of disclosure of the Protected

Health Information not provided for by this Contract. The contractor shall document, in a time and manner designated by the government, any disclosure of Protected Health Information as would be required for the government to respond to a request by an individual for an accounting of disclosure of Protected Health Information.

1.1.4. Conflict of Interest.

1.1.4.1. Contractor HCP shall not use patient care rendered pursuant to this agreement as a part of a study, research grant, or publication without the prior written consent of the MTF Commander.

1.1.4.2. Contractor HCP shall not bill the patient, an insurer, or anyone else for services rendered. The Contractor

HCP is prohibited from receiving compensation of any kind for eligible patients treated, procedures performed, or any other actions performed, except under the terms and conditions of this contract, at the rate specified in the contract.

1.1.4.3. Contractor HCP shall not, while performing services under this contract advise, recommend, or suggest to persons eligible to receive medical care at Army expense that such persons should receive care from the Contractor

HCP at any place other than at the MTF. The Contractor HCP will not refer any patients to any company or service to which they have a direct or indirect involvement (including partnership programs and ancillary services not offered by the MTF).

1.1.4.4. Contractor HCP shall not be an employee of the United States Government if the employment would create a conflict of interest. The Contractor HCP who is an employee of the Department of Defense, either military or civilian, shall not be employed unless such person seeks and receives approval in accordance with DoD 5500.7-R and MEDCOM Reg 600-3.

1.1.5. SCOPE OF WORK: The Contractor shall provide qualified personnel, services, materials, equipment, supplies and facilities necessary to perform Audiology examinations for BGAD, Richmond, KY.

1.1.6. ANTITERRORISM / OPERATIONS SECURITY (OPSEC)

1.1.6.1. OPSEC Acknowledgement. The Contractor shall review and acknowledge understanding of USA MEDDAC, Fort Knox Essential Elements of Friendly Information (EEFI) prior to assuming duties. No EEFI will be discussed with unauthorized personnel without written approval from the MEDDAC Commander. Acknowledgement will be annotated in Attachment 4 (EEFI Acknowledgement Statement).

1.2. SCHEDULE/PERIOD OF PERFORMANCE

1.2.1. The contractor shall perform services during weekdays, Monday through Friday, excluding legal Federal holidays, between the hours of 0800 and 1600, as scheduled by the Occupational Health Clinic (OHC), BGAD, Richmond, KY.

1.2.2. The contractor shall schedule patients within 72 hours of telephonic request from the clinical staff of the

OHC, BGAD, Richmond, KY.

1.2.3. Contractor HCP working under this contract shall be paid only for audiology examinations actually performed at the rates established in the contract.

1.2.4. Holidays. The following is a list of legal federal holidays as referred to elsewhere in the contract/task order.

New Year’s Day, January 1st

Martin Luther King’s Birthday, 3rd Monday in January

President’s Day, 3rd Monday in February

Memorial Day, Last Monday in May

Independence Day, July 4th

Labor Day, 1st Monday in September

Columbus Day, 2nd Monday in October

Veteran’s Day, November 11th

Thanksgiving Day, 4th Thursday in November

Christmas Day, December 25th

1.3. DESCRIPTION OF WORK.

1.3.1. PROFESSIONAL QUALIFICATIONS. All Contract employees provided by the contractor shall meet the qualifications for that specialty and perform essentially the same functions, within the scope of acceptable for their technical professional discipline and standard, as those required by Army or government service technical professionals of similar experience and in similar duty assignments.

1.3.1. 1. The contract provider may be an audiologist or a physician who has successfully completed a residency in otolaryngology. The contract audiologist and/or contract physician shall be licensed to practice in the state in which the contractor’s office/clinic is located.

1.3.1.2. Audiometric testing must be administered by a physician, audiologist, or an audiometric technician certified by the council for Accreditation in Occupational Hearing Conservation. Audiometric technicians must administer audiometric tests under the supervision of a physician or an audiologist.

1.3.1.3. The contract audiologist/physician shall not be the subject of a current or pending investigation of appeal by any certifying organization to determine whether the individual has engaged in unprofessional conduct or substandard practice which may result in the suspension or restriction of the individual’s licensure. The contract audiologist/physician shall not have had any adverse actions, i.e. suspension or restrictions, in the past.

1.3.1.4. The contract audiologist/physician shall have education and training required for the position that is being applied for.

1.3.1.5. The contract employee performing under this Contract shall be able to read, write, speak and understand

English well enough to effectively communicate with all patients and other health care providers.

1.3.2. SPECIFIC DUTIES/TASKS/RESPONSIBILITIES. Duties include but are not limited to the following:

1.3.2.1. Evaluation. The contractor shall perform comprehensive audiology evaluations on Department of the Army civilian employees referred by the Occupational Health Nurse, BGAD, Richmond, KY. Our Occupational Health

Clinic would contact your office with a referral to set up an appointment for a patient. Only physician may diagnose noise-induced hearing loss. The contractor shall use all reasonable methods of differential diagnosis to include, but not limited to:

Basic Comprehensive Audiometry of the individual’s auditory history and previous hearing tests.

Tympanometry (Impedance Testing)

Acoustic Reflex Decay Test

Acoustic Reflex Test

Pure-tone air and bone conduction measurements.

Pure-tone bone threshold air only.

Speech reception thresholds only.

Speech recognition threshold & Discrimination.

1.3.2.2. Written Evaluation. The contractor shall provide a written report within fifteen (15) calendar days after conducting test(s). The report shall summarize findings and recommendations, and will advise if the individual’s hearing condition is work-related and what additional follow-up actions, if any, are recommended. Statements about non-occupational noise exposures (e.g., hunting, motorcycling, chain saw use) must be included in the patient history. The contractor shall send the written report to the Occupational Health Nurse, BGAD, Richmond, KY., by fax or mail.

1.3.2.2.1. The contractor shall include the following in the written report:

1.3.2.2.2. Descriptive terminology understandable to a lay person.

1.3.2.2.3. A summary of all test results including the type and degree of hearing loss. If the loss is sensorineural, indicate if there is any indication of possible retrocochlear involvement.

1.3.2.2.4. Recommendations for additional testing, medical evaluations and/or amplification. If amplification is discussed, please indicate its benefits and restrictions, e.g., hearing aids are not to be worn while exposed to hazardous noise.

1.3.2.2.5. If diagnostic testing reveals a medically related hearing loss, the contractor shall refer the patient back to the Occupational Health Nurse, BGAD, Richmond, KY. Conductive hearing loss is not the result of exposure to loud noise, so treatment for conductive hearing loss is not the responsibility of the government. However, the patient should be advised to seek care at his/her own expense to ensure the medical problem is treated. The contractor shall discuss all finding and recommendations’ with the patient at the time of evaluation. The contractor shall only perform and receive payment for the audiology evaluation, as requested by the Occupational Health

Nurse, BGAD, Richmond, KY.

1.3.3. Limitations. Department of the Army employees will not receive any additional testing or services at

Government expense. The contractor shall not, while conducting services under this contract, perform any other examinations or services except as identified above.

1.4. TECHNICAL REQUIREMENTS

1.4.1. REQUIRED DOCUMENTATION OF QUALIFICATIONS.

1.4.1.1. The contractor shall submit the following documentation for qualifications no later than ten (10) working days after award.

1.4.1.2. Copy of current license/certification from the state in which services are to be provided.

1.4.1.3. Certifications/licenses shall be maintained in a current status at all times while performing services under this contract. If at any time during the contract, a contract provider does not renew any of the reuqi4red certifications/licenses prior to the expiration date he/she will not be allowed to work for IRACH. This expense shall be borne by the contractor.

1.4.2. DISQUALIFIERS.

1.4.2.1. No contractor who is chemically dependent or impaired shall be acceptable.

1.4.2.2. No contractor who has been previously convicted of a felony shall be acceptable.

1.4.2.3. No contractor who is awaiting possible adverse administrative action by any certifying board shall be acceptable.

1.5. DELIVERABLES.

1.5.1. Invoicing. The contractor shall submit an invoice to Teresa A. Hall, Business Operations Division, Fort

Knox, KY, 502-624-9066. After verification with the clinic, the invoice will be paid with a Government Credit

Card.

The invoice shall include names of individuals, the services provided and the cost. The contractor shall submit the invoice no later than five (5) working days following the last calendar day of the previous month. All payments will be paid after each service. Payment will be made at the rate set forth in the bid schedule for the satisfactory performance of services required by the contract.

1.5.2. Contractor Manpower Reporting. The Office of the Assistant Secretary of the Army (Manpower & Reserve

Affairs) operates and maintains a secure Army data collection site where the Contractor will report ALL Contractor manpower (including subcontractor manpower) required for performance of this contract. The Contractor is required to completely fill in all the information in the format using the following web address https://cmra.army.mil/ . The required information includes: (1) Contracting Office, Contracting Officer, Contracting Officer’s Technical Representative; (2) Contract number, including task and delivery order number;

(3) Beginning and ending dates covered by reporting period; (4) Contractor name, address, phone number, e-mail address, identity of Contractor employee entering data; (5) Estimated direct labor hours (including sub-Contractor);

(6) Estimated direct labor dollars paid this reporting period (including sub-Contractor); (7) Total payments

(including sub-Contractor); (8) Predominant Federal Service Code (FSC) reflecting services provided by Contractor

(and separate predominant FSC for each sub-Contractor if different); (9) Organizational title associated with the

Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the Contractor with its UIC for the purposes of reporting this information); (10) Locations where

Contractor and sub-Contractors perform the work (specified by zip code in the United States and nearest City, https://cmra.army.mil/

Country, when in an overseas location, using standardized nomenclature provided on website); (11) Presence of deployment or contingency contract language, and, (12) Number of Contractor and sub-Contractor employees deployed in theater this reporting period (by country). (13) As part of its submission, the Contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period will be the period of performance not to exceed 12 months ending September 30 of each Government fiscal year and must be reported by 31 October of each calendar year. The Contractor shall notify the Contracting Officer’s

Representative (COR) by the 5th working day of November whether or not they have completed this report. If the

COR is unavailable, the Contractor will notify the Contracting Officer.

1.5.3. Contractor’s Point of Contact. The contractor shall provide both the Contracting Officer and the Contracting

Officer’s Representative the name and telephone number of an individual to act as his/her representative and Point of Contact no later than five (5) working days after award.

2.0. DEFINITIONS AND ACRONYMS.

2.0.1. DEFINITIONS

CONTRACTOR. The term as used in this contract refers to the prime.

CONTRACTING OFFICER. A person with authority to enter into contracts; administer, or terminate contracts.

Make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to monitor contractor performance. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

MILITARY TIME is on a 24-hour clock, i.e., 8:00 a.m.-0800

9:10 a.m.-0910

Noon -1200

8:00 p.m.-2000

9:10 p.m.-2110

Midnight-2400

12:01 a.m.-0001

MILITARY DATES are written by placing the day of the month, followed by the first three letters of the month, followed by the last two digits of the year, i.e., September 02, 2001 - 02 Sep 01

November 10, 2004 - 10 Nov 04

May 1, 2005 - 01 May 05

QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

QUALITY ASSESSMENT AND IMPROVEMENT (QA& I): An ongoing program designed to objectively and systematically monitor and evaluate the quality and appropriateness of patient care, to pursue opportunities to improve patient care, and to resolve identified problems.

QUALITY CONTROL (QC): Those actions taken by the Contractor to control and ensure that performance of duties meet the requirements of the contract.

2.0.2. ACRONYMS.

AR - Army Regulation

AMA - American Medical Association

COR - Contracting Officer Representative

DA - Department of Army

DCCS - Deputy Commander for Clinical Services

DOD - Department of Defense

EFT - Electronic Funds Transfer

FAR - Federal Acquisition Regulation

HCP - Health Care Provider

HIPAA - Health Insurance Portability & Accountability Act of 1996

HSPD - Homeland Security Presidential Directive

JC - Joint Commission

KO - Contracting Officer

MEDCOM - Medical Command

MEDDAC - Medical Department Activity

MTF - Military Treatment Facility

OSHA - Occupational Safety & Health Association

PAD - Patient Administration Division

PL - Public Law

POC - Point of Contact

PPIMS - Past Performance Information Management System

PWS - Performance Work Statement

QA&I - Quality Assessment & Improvement

QA - Quality Assurance

QC - Quality Control

QAP - Quality Assurance Program

QASP - Quality Assurance Surveillance Plan

QCP - Quality Control Program

SF - Standard Form

EXHIBIT 1 – PRICING

Test Description Estimated Quantity Price per Test Estimated Annual Total

Basic Comprehensive

Audiometry

Tympanometry (Impedance

Testing)

Acoustic Reflex Decay Test 36

Acoustic Reflex Test 36

Pure Tone Audiometry, Air and Bone

Pure Tone Audiometry, Threshold Air Only

Speech Audiometry, Threshold Only

Speech Audiometry, Threshold & Discrimination

CMR in accordance with

PWS Paragraph 1.5.2

Required once annually

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

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

52.212-4 ADDENDUM

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

(End of Addendum)

CLAUSES INCORPORATED BY REFERENCE

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2016

52.209-6 Protecting the Government’s Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for

Debarment

OCT 2015

52.219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns

OCT 2014

52.222-3 Convict Labor JUN 2003

52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-26 Equal Opportunity SEP 2016

52.222-35 Equal Opportunity for Veterans OCT 2015

52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014

52.222-37 Employment Reports on Veterans FEB 2016

52.222-41 Service Contract Labor Standards MAY 2014

52.222-44 Fair Labor Standards And Service Contract Labor Standards-

Price Adjustment

MAY 2014

52.222-50 Combating Trafficking in Persons MAR 2015

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.224-1 Privacy Act Notification APR 1984

52.224-2 Privacy Act APR 1984

52.224-3 Privacy Training JAN 2017

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.232-18 Availability Of Funds APR 1984

52.232-36 Payment by Third Party MAY 2014

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.204-7000 Disclosure Of Information OCT 2016

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.225-7048 Export-Controlled Items JUN 2013

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

CLAUSES INCORPORATED BY FULL TEXT

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

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

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

6 U.S.C. 395(c).

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

(c) Exceptions to this prohibition are located at 9.108-2.

(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting

Officer within five business days from the date of the inversion event.

(End of clause)

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

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

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

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

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

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

(3) For long-term contracts--

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

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

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

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

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The

Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the

Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in

SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 621340- assigned to contract number .

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

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

In compliance with the Service Contract Labor Standards statute 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

12100 - Medical Assistant GS 05/$16.00

52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015)

``United States'' means the 50 states and the District of Columbia.

``Worker''--

(1) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order

13658, and --

(i) Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C. chapter 8), the

Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV);

(ii) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541;

(iii) Regardless of the contractual relationship alleged to exist between the individual and the employer.

(2) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c).

(3) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and Training

Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of

Apprenticeship.

(b) Executive Order minimum wage rate. (1) The Contractor shall pay to workers, while performing in the United

States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $10.10 per hour beginning January 1, 2015.

(2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2016, and annually thereafter, to meet the applicable annual E.O. minimum wage. The Administrator of the Department of Labor's

Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than

90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on www.wdol.gov (or any successor Web site), and a general notice on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements

(Construction) statute, that will provide information on the E.O. minimum wage and how to obtain annual updates. The applicable published E.O. minimum wage is incorporated by reference into this contract.

(3)(i) The Contractor may request a price adjustment only after the effective date of the new annual E.O. minimum wage determination. Prices will be adjusted only for increased labor costs (including subcontractor labor costs) as a result of an increase in the annual E.O. minimum wage, and for associated labor costs (including those for subcontractors). Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers' compensation insurance, but will not otherwise include any amount for general and administrative costs, overhead, or profit.

(ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2).

Contractors shall consider any subcontractor requests for such price adjustment.

(iii) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provideduplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate

Requirements (Construction) statute.

(4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause.

(5) A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period. Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued.

(6) The Contractor shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback. The Contractor may make deductions that reduce a worker's wages below the E.O. minimum wage rate only if done in accordance with 29 CFR 10.23, Deductions.

(7) The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof.

(8) Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance establishing a minimum wage higher than the

E.O. minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart.

(9) The Contractor shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate.

(10) The Contractor shall follow the policies and procedures in 29 CFR 10.24(b) and 10.28 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips.

(c)(1) This clause applies to workers as defined in paragraph (a). As provided in that definition--

(i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the worker;

http://www.wdol.gov/

(ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C.

214(c) are covered; and

(iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the

Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State

Apprenticeship Agency recognized by the Office of Apprenticeship, are covered.

(2) This clause does not apply to--

(i) Fair Labor Standards Act (FLSA)-covered individuals performing in connection with contracts covered by the

E.O., i.e. those individuals who perform duties necessary to the performance of the contract, but who are not directly engaged in performing the specific work called for by the contract, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such contracts;

(ii) Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C. 213(a) and 214(a) and (b), unless otherwise covered by the Service Contract Labor Standards statute, or the Wage Rate Requirements

(Construction) statute. These individuals include but are not limited to--

(A) Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under 29

U.S.C. 214(a).

(B) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(b).

(C) Those employed in a bona fide executive, administrative, or professional capacity (29 U.S.C. 213(a)(1) and 29

CFR part 541).

(d) Notice. The Contractor shall notify all workers performing work on, or in connection with, this contract of the applicable E.O. minimum wage rate under this clause. With respect to workers covered by the Service Contract

Labor Standards statute or the Wage Rate Requirements (Construction) statute, the Contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers whose wages are governed by the FLSA, the Contractor shall post notice, utilizing the poster provided by the Administrator, which can be obtained at www.dol.gov/whd/govcontracts, in a prominent and accessible place at the worksite. Contractors that customarily post notices to workers electronically may post the notice electronically provided the electronic posting is displayed prominently on any

Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment.

(e) Payroll Records. (1) The Contractor shall make and maintain records, for three years after completion of the work, containing the following information for each worker:

(i) Name, address, and social security number;

(ii) The worker's occupation(s) or classification(s);

(iii) The rate or rates of wages paid;

(iv) The number of daily and weekly hours worked by each worker;

(v) Any deductions made; and

(vi) Total wages paid.

http://www.dol.gov/whd/govcontracts

(2) The Contractor shall make records pursuant to paragraph (e)(1) of this clause available for inspection and transcription by authorized representatives of the Administrator. The Contractor shall also make such records available upon request of the Contracting Officer.

(3) The Contractor shall make a copy of the contract available, as applicable, for inspection or transcription by authorized representatives of the Administrator.

(4) Failure to comply with this paragraph (e) shall be a violation of 29 CFR 10.26 and this contract. Upon direction of the Administrator or upon the Contracting Officer's own action, payment shall be withheld until such time as the noncompliance is corrected.

(5) Nothing in this clause limits or otherwise modifies the Contractor's payroll and recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the Fair

Labor Standards Act, or any other applicable law.

(f) Access. The Contractor shall permit authorized representatives of the Administrator to conduct investigations, including interviewing workers at the worksite during normal working hours.

(g) Withholding. The Contracting Officer, upon his or her own action or upon written request of the Administrator, will withhold funds or cause funds to be withheld, from the Contractor under this or any other Federal contract with the same Contractor, sufficient to pay workers the full amount of wages required by this clause.

(h) Disputes. Department of Labor has set forth in 29 CFR 10.51, Disputes concerning contractor compliance, the procedures for resolving disputes concerning a contractor's compliance with Department of Labor regulations at 29

CFR part 10. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. These disputes include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the Department of Labor, or the workers or their representatives.

(i) Antiretaliation. The Contractor shall not discharge or in any other manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to compliance with the E.O. or this clause, or has testified or is about to testify in any such proceeding.

(j) Subcontractor compliance. The Contractor is responsible for subcontractor compliance with the requirements of this clause and may be held liable for unpaid wages due subcontractor workers.

(k) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (k) in all subcontracts, regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage

Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United

States.

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2017)

(a) Definitions. As used in this clause (in accordance with 29 CFR 13.2)--

Child, domestic partner, and domestic violence have the meaning given in 29 CFR 13.2.

Employee--(1)(i) Means any person engaged in performing work on or in connection with a contract covered by

Executive Order (E.O.) 13706; and

(A) Whose wages under such contract are governed by the Service Contract Labor Standards statute (41 U.S.C.

chapter 67), the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV), or the Fair

Labor Standards Act (29 U.S.C. chapter 8);

(B) Including employees who qualify for an exemption from the Fair Labor Standards Act's minimum wage and overtime provisions;

(C) Regardless of the contractual relationship alleged to exist between the individual and the employer; and

(ii) Includes any person performing work on or in connection with the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and Training

Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of

Apprenticeship.

(2)(i) An employee performs ``on'' a contract if the employee directly performs the specific services called for by the contract; and

(ii) An employee performs ``in connection with'' a contract if the employee's work activities are necessary to the performance of a contract but are not the specific services called for by the contract.

Individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship has the meaning given in 29 CFR 13.2.

Multiemployer plan means a plan to which more than one employer is required to contribute and which is maintained pursuant to one or more collective bargaining agreements between one or more employee organizations and more than one employer.

Paid sick leave means compensated absence from employment that is required by E.O. 13706 and 29 CFR part 13.

Parent, sexual…