W91YTZ23Q0164 Amendment 0001.pdf

W91YTZ23Q0164 Amendment 0001

Combined Synopsis/Solicitation Number: W91YTZ23Q0164 Amendment 0001

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

12.603 – Streamlined Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Quotes are being requested and a written solicitation will not be issued. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-04, dated June 02, 2023.

The requirement is solicited unrestricted under NAICS 621340 – Offices of Physical, Occupational and Speech Therapists, and Audiologists; Size Standard – $12.5 M

Description: Audiology Testing Services BPA within 50 miles of Bluegrass Army Depot, Richmond, KY

Contract Line Items: This requirement is for a five-year BPA. Pricing shall be established in accordance with Paragraph 3 Pricing in the BPA agreement below.

Offer Submission and Basis for award: Please refer to 52.212-1 Addendum and 52.212-2 Addendum.

Offerors must submit the following documents for this solicitation:

1. Quote

2. A technical description of the services being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary.

3. Include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information or reject the terms and conditions of the solicitation may be excluded from consideration.

Offerors are required to be actively registered with the System for Award Management (SAM) at www.sam.gov prior to award. Offerors are highly encouraged to download and review all attachments to this solicitation prior to submitting a quote.

Performance or Delivery: Contractor’s facility within 50 miles of Bluegrass Army Depot, Richmond, KY.

The closing date to this combined synopsis/solicitation is on or before 12:00 pm Eastern, on 11 Aug 2023. Offers should be emailed to the Point of Contact (POC) shown below by the closing date and time. Offers are only being accepted via email to the contact POC below. If an offer is e-mailed to the POC shown below, it is the offeror’s responsibility to ensure that the transmission is received by the Government prior to the closing date and time. Upon receipt of an electronic offer, the Government will acknowledge receipt of that offer via email to the offeror.

POC: Tiffany Fouts email: Tiffany.M.Fouts.civ@health.mil

Section B - Supplies or Services and Prices

BPA Master Dollar Limit: $0.00 BPA Call Limit: $0.00

Period of Performance: 01-Jan-2024 to 31-Dec-2028

PSC Codes:

Q518

BPA

BLANKET PURCHASE AGREEMENT

Between

And

United States Department of Defense Medical Readiness Contracting Office – East (MRCO-E)

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 January 2024 through 31 December 2028 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

Test Description Estimated Annual Quantity

Cost per Test Estimated Total

Basic Comprehensive Audiometry 110 Tympanometry (Impedance Testing) 50 Acoustic Reflex Decay Test 50 Acoustic Reflex Test 50 Pure Tone Audiometry, Air and Bone 50 Pure Tone Audiometry, Threshold Air Only

Speech Audiometry, Threshold Only 50 Speech Audiometry, Threshold & Discrimination

SPRINT Test 50

Any changes to established pricing in this BPA will be submitted in writing to the Contracting Administrator, Tiffany Fouts @ Tiffany.M.Fouts.civ@health.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:

Medical Readiness Contracting Office – East Tiffany.M.Fouts.civ@health.mil

6. INDIVIDUALS AUTHORIZED TO PLACE CALLS/CALL LIMITATION:

Individuals authorized to place purchases/calls under this agreement are identified by the MRCO-E 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

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: MRCO-E

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

Card holder:

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

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 Juneteenth, June 19th 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 Audiometry, air and bone conduction measurements.

Pure-tone Audiometry, bone threshold air only.

Speech Audiometry, thresholds only.

Speech Audiometry, threshold & discrimination.

Sprint Test

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 invoices to TBD, Business Operations Division, Fort Knox, KY, 502- 624-2398. 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’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

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

DEC 2022

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns

OCT 2022

52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-41 Service Contract Labor Standards AUG 2018 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

AUG 2018

52.222-50 Combating Trafficking in Persons NOV 2021 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

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 FEB 2021 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

MAR 2023

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 DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

JAN 2023

252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

CLAUSES INCORPORATED BY FULL TEXT

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (MAR 2023)

(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--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph

(d) of this clause.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13

CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon 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) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(d) 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(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

(1) Was set aside for small business and has a value above the simplified acquisition threshold;

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) 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, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) 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 (f) or (h) of this clause.

(h) 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:

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

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .]

(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .]

(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a veteran-owned small business concern.

(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(8) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that--

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

[Contractor to sign and date and insert authorized signer's name and title.]

(End of clause)

52.222-26 EQUAL OPPORTUNITY (SEPT 2016)

Compensation means any payments made to, or on behalf of, an employee or offered to an applicant as remuneration for employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement.

Compensation information means the amount and type of compensation provided to employees or offered to applicants, including, but not limited to, the desire of the Contractor to attract and retain a particular employee for the value the employee is perceived to add to the Contractor's profit or productivity; the availability of employees with like skills in the marketplace; market research about the worth of similar jobs in the relevant marketplace; job analysis, descriptions, and evaluations; salary and pay structures; salary surveys; labor union agreements; and Contractor decisions, statements and policies related to setting or altering employee compensation.

Essential job functions means the fundamental job duties of the employment position an individual holds. A job function may be considered essential if--

(1) The access to compensation information is necessary in order to perform that function or another routinely assigned business task; or

(2) The function or duties of the position include protecting and maintaining the privacy of employee personnel records, including compensation information.

Gender identity has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.

Sexual orientation has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.

United States means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b)(1) If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause.

http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html

(2) If the Contractor is a religious corporation, association, educational institution, or society, the requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor's activities (41 CFR 60-1.5).

(c) (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by

41 CFR 60-1.5.

(2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This shall include, but not be limited to, (i) employment, (ii) upgrading, (iii) demotion, (iv) transfer,

(v) recruitment or recruitment advertising, (vi) layoff or termination, (vii) rates of pay or other forms of compensation, and (viii) selection for training, including apprenticeship.

(3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause.

(4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(5)(i) The Contractor shall not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This prohibition against discrimination does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.

(ii) The Contractor shall disseminate the prohibition on discrimination in paragraph (c)(5)(i) of this clause, using language prescribed by the Director of the Office of Federal Contract Compliance Programs (OFCCP), to employees and applicants by--

(A) Incorporation into existing employee manuals or handbooks; and

(B) Electronic posting or by posting a copy of the provision in conspicuous places available to employees and applicants for employment.

(6) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.

(7) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor.

(8) The Contractor shall furnish to the contracting agency all information required by Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard Form 100 (EEO-1), or any successor form, as prescribed in 41 CFR part 60-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms.

(9) The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order 11246, as amended, and rules and regulations that implement the Executive Order.

(10) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law.

(11) The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor.

(12) The Contractor shall take such action with respect to any subcontract or purchase order as the Director of OFCCP may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance;

provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

(d) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR part 60-1.

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)

"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at Federal Acquisition Regulation (FAR) 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance.

Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

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

12305 - Radiologic Technologist $28.23 GS 10/$30.14

52.222-55 MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE ORDER

14026 (JAN 2022)

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

"United States" means the 50 states, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.).

"Worker"--

(1) (i) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 14026, and --

(A) 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);

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

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

(ii) 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).

(iii) 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.

(2)(i) A worker performs on a contract if the worker directly performs the specific services called for by the contract; and

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

(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 $15.00 per hour beginning January 30, 2022.

(2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2023, 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.