PRESOL | Q | Mobile MRI Service Solicitation - Mobile MRI Solicitation - Package #2

FBO DAILY ISSUE OF JULY 20, 2012 FBO #3891
SOLICITATION NOTICE

Q -- Mobile MRI Service Solicitation - Mobile MRI Solicitation - Package #2

Notice Date: 7/18/2012
Notice Type: Combined Synopsis/Solicitation
NAICS: 621512 — Diagnostic Imaging Centers
Contracting Office: Department of the Air Force, United States Air Force Europe, 48 CONS/LGC - Lakenheath, RAF Lakenheath, Unit 5070 Box 270, RAF Lakenheath, 09461-0270
ZIP Code: 09461-0270
Solicitation Number: FA5587-12-R-0020
Archive Date: 9/4/2012
Point of Contact: Sarah Gordon, Phone: 3142262234, Jesse J. Jacobson, Phone: 01638522165
E-Mail Address: sarah.gordon@lakenheath.af.mil, jesse.jacobson@lakenheath.af.mil
(sarah.gordon@lakenheath.af.mil, jesse.jacobson@lakenheath.af.mil)
Small Business Set-Aside: N/A
Description: Past Performance Questionnaire Mobile MRI Solicitation INFORMATIONAL SOLICITATION GUIDANCE: It is important that your company read,understand and submits a proposal that is current, accurate and complete. The list below includes but is not limited to vital information that must be acknowledged as well submitted with your proposal. - This is a Firm Fixed Price Contract and No Conditional Proposals will be accepted, ref FAR 16.202-1, FAR 15.101-2, solicitation addendum 52.212-1 page 40 and addendum 52.212-2 page 47. - Ensure you submit prices for the Basic year and Option years pages 2-6. - Ensure you submit all of the required information for all the factors and sub-factors, addendum 52.212-1 and addendum 52.212-2 solicitation pages 39-48. - Ensure you provide your past performance questionnaires, solicitation page 47 - Late proposals will NOT be accepted - FAR 52.212-1(f), solicitation page 43 Section SF 1449 - CONTINUATION SHEET ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 78 Each Mobile MRI Scheduled Visits (Base Year) FFP Firm Fixed Price (FFP) contract. Weekly provision of MRI facility and operator personnel. Work should be accomplished in accordance with the Performance Work Statement (PWS). Base year Period of Performance: 1 Oct 2012-30 Sep 2013 FOB: Destination NSN: Q522-P1-MRI-Unit PURCHASE REQUEST NUMBER: F2P4MD2166A001 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0002 4 Each Unscheduled Provisions (Base Year) FFP.Firm Fixed Price (FFP) Contract. Unscheduled Provision of MRI facility and operator personnel in accordance with Performance Work Satement 1.1.5. FOB: Destination NSN: Q522-P1-MRI-Unit PURCHASE REQUEST NUMBER: F2P4MD2166A001 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 1001 78 Each Mobile MRI Scheduled Visits (Opt 2) FFP Firm Fixed Price (FFP) contract. Weekly provision of MRI facility and operator personnel. Work should be accomplished in accordance with the Performance Work Statement (PWS). Base year Period of Performance: 1 Oct 2013-30 Sep 2014 FOB: Destination NSN: Q522-P1-MRI-Unit PURCHASE REQUEST NUMBER: F2P4MD2166A001 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 1002 4 Each Unscheduled Provisions (Opt 2) FFP.Firm Fixed Price (FFP) Contract. Unscheduled Provision of MRI facility and operator personnel in accordance with Performance Work Satement 1.1.5. FOB: Destination NSN: Q522-P1-MRI-Unit PURCHASE REQUEST NUMBER: F2P4MD2166A001 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 2001 78 Each Mobile MRI Scheduled Visits (Opt 3) FFP Firm Fixed Price (FFP) contract. Weekly provision of MRI facility and operator personnel. Work should be accomplished in accordance with the Performance Work Statement (PWS). Base year Period of Performance: 1 Oct 2014-30 Sep 2015 FOB: Destination NSN: Q522-P1-MRI-Unit PURCHASE REQUEST NUMBER: F2P4MD2166A001 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 2002 4 Each Unscheduled Provisions (Opt 3) FFP.Firm Fixed Price (FFP) Contract. Unscheduled Provision of MRI facility and operator personnel in accordance with Performance Work Satement 1.1.5. FOB: Destination NSN: Q522-P1-MRI-Unit PURCHASE REQUEST NUMBER: F2P4MD2166A001 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 3001 78 Each Mobile MRI Scheduled Visits (Opt 4) FFP Firm Fixed Price (FFP) contract. Weekly provision of MRI facility and operator personnel. Work should be accomplished in accordance with the Performance Work Statement (PWS). Base year Period of Performance: 1 Oct 2015-30 Sep 2016; FOB: Destination NSN: Q522-P1-MRI-Unit PURCHASE REQUEST NUMBER: F2P4MD2166A001 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 3002 4 Each Unscheduled Provisions (Opt 3) FFP.Firm Fixed Price (FFP) Contract. Unscheduled Provision of MRI facility and operator personnel in accordance with Performance Work Satement 1.1.5. FOB: Destination NSN: Q522-P1-MRI-Unit PURCHASE REQUEST NUMBER: F2P4MD2166A001 NET AMT DELIVERY INFORMATION CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC 0001 POP 01-OCT-2012 TO 30-SEP-2013 N/A 48 MDSS/SGSL PATRICIA CARNS BOSTON DRIVE, RAF LAKENHEATH BRANDON, SUFFOLK IP27 9PN 226-8542 FOB: Destination FM5587 0002 POP 01-OCT-2012 TO 30-SEP-2013 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination FM5587 1001 POP 01-OCT-2013 TO 30-SEP-2014 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination FM5587 1002 POP 01-OCT-2013 TO 30-SEP-2014 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination FM5587 2001 POP 01-OCT-2014 TO 30-SEP-2015 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination FM5587 2002 POP 01-OCT-2014 TO 30-SEP-2015 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination FM5587 3001 POP 01-OCT-2015 TO 30-SEP-2016 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination FM5587 3002 POP 01-OCT-2015 TO 30-SEP-2016 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination FM5587 HIPAA HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) OF 1996 HIPAA is comprised of several different sections, each to be implemented by the Dept. of Health and Human Services. The medical facilities of the military services and the DOD health plans are specifically listed as covered by HIPAA. Currently, HIPAA Privacy and Security Rules, as set forth in the Code of Federal Regulations, are in effect for all MTFs. The specific implementation of HIPAA Privacy for DOD medical facilities is set forth in DOD 6025.18-R, and for HIPAA Security, the requirements for AF MTFs are contained in DOD 8580.02-R and AFI 41-217, which also contains additional Information Assurance requirements for all AF MTFs. DOD 6025.18-R, DOD 8580.02-R and AFI 41-217 are incorporated herein by reference. MTFs are responsible to insure overall compliance with HIPAA requirements, which includes incorporation of certain requirements in contracts entered or amended after the respective implementation dates. IAW these regulations, the Contractor and its employees meet the definition of Business Associates. Therefore, a Business Associate Agreement is required by law to comply with both the HIPAA Privacy and Security regulations. This clause serves as that agreement for each MTF, whereby the Contractor and its employees agree to abide by all HIPAA Privacy and Security requirements regarding health information as defined in this clause, DoD 6025-18-R, DOD 8520.02-R and AFI 41-217. Additional HIPAA requirements will be addressed when implemented. Introduction (a) Definitions. As used in this clause generally refer to the Code of Federal Regulations (CFR) definition unless a more specific provision exists in DOD 6025.18-R, DOD 8520.02-R or AFI 41-217. Individual has the same meaning as the term "individual" in 45 CFR 164.50 1 and 164.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR 164.502(g). Privacy Rule means the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E. Protected Health Information has the same meaning as the term "protected health information" in 45 CFR 164.501, limited to the information created or received by The Contractor from or on behalf of the Government. Electronic Protected Health Information has the same meaning as the term "electronic protected health information" in 45 CFR 160.103. Required by Law has the same meaning as the term "required by law" in 45 CFR 164.501 and 164.103. Secretary means the Secretary of the Department of Health and Human Services or his/her designee. Security Rule means the Health Insurance Reform: Security Standards at 45 CFR part 160,162 and part 164, subpart C. Terms used, but not otherwise defined, in this Agreement shall have the same meaning as those terms in 45 CFR 160.103, 160.502, 164.103, 164.304 and 164.501. (b) The Contractor agrees to not use or further disclose Protected Health Information other than as permitted or required by the Contract or as Required by Law. c) The Contractor agrees to use appropriate safeguards to prevent use or disclosure of the Protected Health Information other than as provided for by this Contract. (d) The Contractor agrees to use administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the electronic protected health information that it creates, receives, maintains, or transmits in the execution of this Contract. (e) The Contractor agrees to mitigate, to the extent practicable, any harmful effect that is known to the Contractor of a use or disclosure of Protected Health Information by the Contractor in violation of the requirements of this Contract. (f) The Contractor agrees to report to the Government any security incident involving protected health information of which it becomes aware. (g) The Contractor agrees to report to the Government any use or disclosure of the Protected Health Information not provided for by this Contract of which the Contractor becomes aware of. (h) The Contractor agrees to ensure that any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by the Contractor on behalf of the Government agrees to the same restrictions and conditions that apply through this Contract to the Contractor with respect to such information. (i) The Contractor agrees to ensure that any agent, including a subcontractor, to whom it provides electronic Protected Health Information, agrees to implement reasonable and appropriate safeguards to protect it. (j) The Contractor agrees to provide access, at the request of the Government, and in the time and manner designated by the Government to Protected Health Information in a Designated Record Set, to the Government or, as directed by the Government, to an Individual in order to meet the requirements under 45 CFR 164.524. (k) The Contractor agrees to make any amendment(s) to Protected Health Information in a Designated Record Set that the Government directs or agrees to pursuant to 45 CFR 164.526 at the request of the Government or an Individual, and in the time and manner designated by the Government. (1) The Contractor agrees to make internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by the Contractor on behalf of, the Government, available to the Government, or at the request of the Government to the Secretary, in a time and manner designated by the 'Government or the Secretary, for purposes of the Secretary determining the Government's compliance with the Privacy Rule. (m) The Contractor agrees to document such disclosures of Protected Health Information and information related to such disclosures as would be required for the Government to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528. (n) The Contractor agrees to provide to the Government or an Individual, in time and manner designated by the Government, information collected in accordance with this Clause of the Contract, to permit the Government to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528. General Use and Disclosure Provisions Except as otherwise limited in this Agreement, the Contractor may use or disclose Protected Health Information on behalf of, or to provide services to, the Government for treatment, payment, or healthcare operations purposes, in accordance with the specific use and disclosure provisions below, if such use or disclosure of Protected Health Information would not violate the HIPAA Privacy Rule, DOD 6025.18-R, the HIPAA Security Rule, or DOD 8580.02-R if done by the Government. Specific Use and Disclosure Provisions (a) Except as otherwise limited in this Agreement, the Contractor may use Protected Health Information for the proper management and administration of the Contractor or to carry out the legal responsibilities of the Contractor. (b) Except as otherwise limited in this Agreement, the Contractor may disclose Protected Health Information for the proper management and administration of the Contractor, provided that disclosures are required by law, or the Contractor obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the person notifies the Contractor of any instances of which it is aware in which the confidentiality of the information has been breached. (c) Except as otherwise limited in this Agreement, the Contractor may use Protected Health Information to provide Data Aggregation services to the Government as permitted by 45 CFR 164.504(e)(2)(i)(B). (d) Contractor may use Protected Health Information to report violations of law to appropriate Federal and State authorities, consistent with 45 CFR 164.502(j)(1). Obligations of the Government Provisions for the Government to Inform the Contractor of Privacy Practices and Restrictions (a) Upon request the Government shall provide the Contractor with the notice of privacy practices that the Government produces in accordance with 45 CFR 164.520, as well as any changes to such notice. (b) The Government shall provide the Contractor with any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, if such changes affect the Contractor's permitted or required uses and disclosures. (c) The Government shall notify the Contractor of any restriction to the use or disclosure of Protected Health Information that the Government has agreed to in accordance with 45 CFR 164.522. Permissible Requests by the Government The Government shall not request the Contractor to use or disclose Protected Health Information in any manner that would not be permissible under the HIPAA Privacy Rule, DOD 6025.18R, the HIPAA Security Rule, or DOD 8580.02-R, if done by the Government, except for providing Data Aggregation services to the Government and for management and administrative activities of the Contractor as otherwise permitted by this clause. Termination (a) Termination. A breach by the Contractor of this clause, may subject the Contractor to termination under any applicable default or termination provision of this Contract. (b) Effect of Termination. (1) If this contract has records management requirements, the records subject to the Clause should be handled in accordance with the records management requirements. If this contract does not have records management requirements, the records should be handled in accordance with paragraphs (2) and (3) below. (2) If this contract does not have records management requirements, except as provided in paragraph (3) of this section, upon termination of this Contract, for any reason, the Contractor shall return or destroy all Protected Health Information received from the Government, or created or received by the Contractor on behalf of the Government. This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of the Contractor. The Contractor shall retain no copies of the Protected Health Information. (3) If this contract does not have records management provisions and the Contractor determines that returning or destroying the Protected Health Information is infeasible, the Contractor shall provide to the Government notification of the conditions that make return or destruction infeasible. Upon mutual agreement of the Government and the Contractor that return or destruction of Protected Health Information is infeasible, the Contractor shall extend the protections of this Contract to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as the Contractor maintains such Protected Health Information. Miscellaneous (a) Regulatory References. A reference in this Clause to a section in DOD 6025.18-R, HIPAA Privacy Regulation or DOD 8580.02-R, HIPAA Security Regulation, or any CFR or AFI provision means the section as currently in effect or as amended, and for which compliance is required. (b) Survival. The respective rights and obligations of Business Associate under the "Effect of Termination" provision of this Clause shall survive the termination of this Contract. (c) Interpretation. Any ambiguity in this Clause shall be resolved in favor of a meaning that permits the Government to comply with DOD 6025.18-R, the CFR HIPAA Privacy Rule, DOD 8520.02-R, the CFR HIPAA Security Rule and AFI 41-217. PERFORMANCE WORK STATEMENT PERFORMANCE WORK STATEMENT FOR MAGNETIC RESONANCE IMAGING (MRI) SERVICES SECTION 1- DESCRIPTION OF SERVICES 1. GENERAL SCOPE 3 1.1 MRI UNIT 3 1.2 TECHNICAL SUPPORT 3 1.3 SPECIFIC PROCEDURES CONTRACTOR IS RESPONSIBLE 3 1.4 DOCUMENTATION 4 1.5 CONTRACTOR FURNISHED 4 SECTION 2- SERVICE DELIVERY SUMMARY 5 SECTION 3- GOVERNMENT FURNISHED PROPERTY AND SERVICES 3.1 GOVERNMENT FURNISHED PROPERTY 6 3.2 GOVERNMENT FURNISHED FACILITIES 6 3.3 GOVERNMENT FURNISHED EQUIPMENT 6 3.4 GOVERNMENT FURNISHED MATERIALS(SUPPLIES) 6 3.5 EQUIPMENT ACCOUNTABILITY 6 3.6 GOVERNMENT FURNISHED SERVICES 7 3.7 GOVERNMENT FURNISHED RECORDS 7 SECTION 4- GENERAL INFORMATION 4.1 CONTRACTOR PERSONNEL 10 4.2 CONTRACTOR PERSONNEL TRAINING 11 4.3 SECURITY REQUIREMENTS 12 4.4 ENVIRONMENTAL CONTROL 12 4.5 HEALTH REQUIREMENTS 12 4.6 QUALITY CONTROL PLAN 12 4.7 QUALITY ASSURANCE 13 4.8 QUANTITY ESTIMATES BASED 13 4.9 PERFORMANCE EVALUATIONS MEETINGS 13 4.10 HOURS OF OPERATION 14 4.11 LITIGATION PROVISION 15 4.12 PARTNERING AGREEMENT 15 APPENDICES A WORKLOAD ESTIMATES 16 B GOVERNMENT FURNISHED PROPERTY AND SERVICES 17 C SECURITY REQUIREMENTS OVERVIEW 18 SECTION 1 - DESCRIPTION OF SERVICES The Contractor shall furnish a Mobile Magnetic Resonance Imaging (MRI) Unit with Technical Support Personnel required to provide outpatient and inpatient MRI studies for United States Government (hereinafter referred to as "Government") beneficiaries. The Contractor shall provide care in Contractor supplied facilities at the 48th Medical Group, also referred to as the "Medical Treatment Facility" (MTF) herein. Contractor care includes furnishing all equipment, maintenance, supplies for operation of equipment, all licenses necessary for the operation of the equipment, labor, transportation, reports, and technical assistance, except as provided in Section 3 below. Contractor's personnel performing MRI technical services under this contract (hereinafter referred to as "Contractor's personnel") are expected to provide technical support to the 48 Medical Group Operation (MDG) Commander, Diagnostic Imaging Flight. Studies shall be as comprehensive as Government requests and Contractor supplied facilities, equipment, and support services permit. Contractor care shall cover the range of MRI services typically provided in a civilian MTF or stand alone facility of similar size. Performance shall be according to the requirements contained in this Performance Work Statement (PWS). 1.1. MRI UNIT: 1.1.1. The Contractor shall provide a self contained 1.5 Tesla MRI unit to perform various MRI exams, with the latest software available, fitted with head, extremity(knee and ankle), flex extremity (small, medium, and large), phased array spine, c-spine, shoulder, and abdomen quadrature coils, auto injector and optical disc storage for permanent archiving of patient information. The unit will be used to perform the MRI services required by this MTF once per week, twice every other week, for 52 weeks. Scan days will routinely be Tuesday, Wednesday or Thursday. This will be periodically evaluated by the Chief of Radiology and reported through the hospital's Executive Committee of the medical staff. 1.1.2. The Contractor shall provide the MTF with digital copies of all studies accomplished when enough studies are conducted to fill a disk throughout the day and at the end of each scan day. This means the same type of equipment would have to be used on a regular basis to prevent non-compatibility between the disk produced and the scanner available. 1.1.3. The Contractor shall provide proof of maintenance certification on the Mobile MRI unit(s) that is/are used under this contract is conducted at least every three (3) months for the MRI unit and every six (6) months for trailer maintenance. 1.1.4. The Contractor shall, at no additional cost to the Government, use telephone equipment compatible with the coupling equipment available at the coach pad. 1.1.5. The Government will notify the Contractor two weeks in advance of any plans requiring unscheduled visits. 1.1.6. The mobile MRI unit must arrive on site and be parked in the designated parking area no earlier than 1900 the day prior to the first scheduled exam. The MRI unit must be in place and fully operational and ready for exams by 0800 on each day that exams are scheduled. The MRI unit must be removed immediately following the conclusion of the final exam. During MRI operational hours, a driver must remain with the unit at all times. If the MRI unit is scheduled to be on site for two consecutive days, the MRI unit may remain parked in the designated parking area overnight upon approval from the Flight Chief of Diagnostic Imaging or appointed representative. The driver must stay with the unit or supply contact information. When contacted the unit must be removed within 30 minutes or less. If required, the MRI unit shall be moved at the discretion of the 48 Security Forces Squadron commander, 48 Medical Group commander, Flight Chief of Diagnostic Imaging, or appointed representatives. 1.2. TECHNICAL SUPPORT: 1.2.1 The Contractor shall ensure that all personnel performing services under the requirements of this contract, particularly in operation of the MRI unit, are qualified and adequately trained. They shall hold and maintain certification by the Health Professions Council (HPC) and provide a copy of each individuals certification to the Contracting Office. New personnel that will be performing services after contract award shall submit their certifications to the MTF three (3) days prior performing services. 1.2.2. The Contractor must provide, at minimum, one (1) intravenous injections (IV) certified technologist each scan day. A copy of each individuals certification will be presented to the Contracting Office. 1.3. SPECIFIC PROCEDURES FOR WHICH THE CONTRACTOR SHALL BE RESPONSIBLE: 1.3.1. The Contractor shall perform Magnetic Resonance Imaging procedures compatible with the Contractor's and medical facility's operating capacity and equipment. 1.3.2. Contractor's personnel shall be required to perform the following MRI services: 1.3.2.1. Perform routine studies as well as more complex cases as exactly specified on Standard Form 519/B, Radiological Consultation Request Report or Composite Health Care System (CHCS) equivalent. In addition, they must follow the procedures per protocol to meet the needs of the patient. 1.3.2.2. Perform exams in a timely manner. Patients should be seen within ten (10) minutes of their scheduled appointment time. 1.3.2.3. Archive and annotate studies. 1.3.2.4. Administer paramagnetic contrast as required/requested by MTF Radiologist. 1.3.2.5. The Contractor's personnel will be responsible for escorting outpatients from the waiting room within the MTF, to the MRI, prior to the start of the scan. When the scan is completed, the patient may leave without reporting back into the MTF. In-patients will be transported to the MRI unit by the MTF staff. 1.3.2.6. If the MRI is unsatisfactory due to the Contractor's poor performance, as determined by the MTF Radiologists, the MRI will be re-accomplished at no additional cost to the Government. 1.4. DOCUMENTATION: All documentation prepared by contract personnel shall meet the following criteria to include: timeliness, legibility, accuracy, content, and signature. 1.4.1. Prepare a log sheet detailing the number of patients, the name of the patients, procedures, and sequences completed. 1.5. CONTRACTOR FURNISHED: 1.5.1. The Contractor shall provide the MTF Diagnostic Image Department digital copies, in DICOM imaging format, of all studies accomplished in the performance of this contract on CD when enough studies are conducted to fill a disk, throughout the day and at the end of each scan day. For patient with multiple studies, each study will be submitted on a separate CD. The images will be made available to the Contractor if required for future examinations of the same patient(s). SECTION 2 - SERVICE DELIVERY SUMMARY Performance Objective PWS Para. Performance Threshold A. Provide an up to date MRI unit on a weekly basis. Unit shall be ready to scan by 0800 hours. 1.1.1 1.1.5 No more than 3 incidents of canceling the scanning day or showing up late per year B. Required 1.5 Tesla Magnet/Quadrature Coils, injector and personnel must be available at the start of each scan day. 1.1.1 1.2 100% of the time C. The contractors personnel must perform quality diagnostic procedures, that meet established standard of care as ordered and protocoled on the procedure request. 1.3.2.1 100% of the time D. Perform exams in a timely manner. 1.3.2.2 No more than 3 incidents (scan days) of running behind schedule per quarter E. Provide the MTF with a CD of all studies by the end of the scan day. 1.5.1 100% of the time F. Prepare a log sheet detailing the number of patients, the name of the patients, procedures, and sequences completed and any additional materials for which the Government shall be charged. 1.4.1 100% of the time G. Administer intravenous paramagnetic contrast under the direction of a radiologists. 1.3.2.4 90% success rate in administering the contrast without radiologist intervention H. All contract personnel must provide a copy of CPR, IV access, and College of Radiographer certifications. 1.2.1, 1.2.2, 4.2.4.3 100 % compliance I. The contract personnel must comply with all MTF infection control, safety procedures, practices, and standards. 4.2.4.6 100% of the time J. Documents required for pass authorization submitted within 30 days of contract award. 4.3.1 100% compliance K. Driver and 1 (one) tech with passes present each scan day 4.3.1 100% of the time L. Contractor shall ensure maintenance on the Mobile MRI unit(s) that is/are used under this contract is conducted at least every three (3) months for the MRI unit and every six (6) months for trailer maintenance. 1.1.3 100% compliance SECTION 3 - GOVERNMENT FURNISHED PROPERTY AND SERVICES 3.1. GOVERNMENT FURNISHED PROPERTY: Except as noted below, the contractor shall provide everything to perform the services in this Performance Work Statement. The contractor will be responsible for safeguarding all Government property provided for contractor use. The contractor shall use this property for performance of this contract only. 3.1.1. The MTF will provide a pad for parking the coach. 3.1.2. The MTF will provide a UK commercial line connection within 5 feet of the coach pad. If unavailable the MTF will provide a mobile phone. 3.1.3. The MTF will be responsible for supplying a 3 phase, 450V, 125-amp electrical supply at the coach pad for powering the mobile MRI unit. 3.2. GOVERNMENT FURNISHED FACILITIES: Contract personnel will be authorized to use all common areas (i.e. conference room and break room) of the MTF available to active duty and civil service personnel of like position. The contract personnel will not be allowed access to restricted areas of the MTF. 3.3. GOVERNMENT FURNISHED EQUIPMENT: 3.3.1. A SHARPS container for used needles, an emergency drug kit, and a kit containing various medical supplies. Refer to appendix B. 3.3.2 All equipment will be inventoried upon check out and return. 3.4. GOVERNMENT FURNISHED MATERIALS (SUPPLIES): 3.4.1. The Government will provide medical and non-medical supplies commonly used in the facility for the care and management of patients. This does not include repair parts or supplies used only for MRI equipment or studies. See appendix B. 3.5. GOVERNMENT FURNISHED SERVICES: 3.5.1. The MTF will provide a radiologist to interpret Contractor generated studies per protocol and provide direction and limited oversight of contractor personnel to accomplish required studies. 3.5.2. MTF personnel will arrange patient scheduling. Complete administrative control of the patient shall remain with the Chief of Radiology. 3.5.3. The Government will provide housekeeping of the area around the coach pad. 3.5.4. The Government will provide training on Government provided forms. 3.5.5. The MTF will supply sterile equipment trays, instrument packs, and supplies. After use, the Contractor's personnel shall follow MDGI 44-113, Infection Prevention and Control procedures to submit non-disposable sterile items to the MTF. This service will be available to the Contractor's personnel on an equal basis with those of other hospital personnel/services. 3.6. GOVERNMENT FURNISHED RECORDS: All studies, films, records, files, documents, and work papers provided by the Government remain Government property. The Contracting Officer Representative (COR) will provide guidance for the Contractor's personnel who shall maintain and dispose of these records, files, documents, and work papers. The COR will ensure the MTF provides storage of all administrative materials and MRI exams. 3.6.1. Patient lists, no matter how developed, shall be treated as privileged information. Therefore subject to the Privacy Act of 1974, the Freedom of Information Act, and the Health Insurance Portability and Accountability Act. Policy is delineated in Department of Defense (DoD) Directive 6025.18-R, Health Information Privacy Regulation, Air Force Policy Directive (AFPD) 33-3, Information Management, Air Force Instruction (AFI) 33-332, Air Force Privacy Act Program, Air Force Manual (AFMAN) 33-363, Management of Records, and AFI 41-210, Patient Administration Functions. These establish procedures designed to protect personal information from unauthorized use or release and prescribe use and disclosure of Protected Health Information. Maintain and dispose of records created as a result of prescribed processes in accordance with AFMAN 37-139, Records Disposition Schedule. 3.6.2. Contractor personnel shall only release medical information obtained during the course of this contract to other MTF staff involved in the care and treatment of that individual patient. 3.7. GOVERNMENT FURNISHED TECHNICAL ORDERS, PUBLICATIONS AND FORMS: 3.7.1. FORMS. The Government will provide the Contractor with the applicable Government publications and forms used in the performance of services. Publications and forms applicable to the PWS are listed below. The publications and forms have been coded as mandatory or advisory. The Contractor is obligated to follow those publications and use those forms coded as mandatory to the extent specified in other sections of this PWS. The Contractor shall be guided by those publications or use those forms coded advisory to the extent necessary to accomplish requirements in this PWS. These publications will be made available by the Department of Radiology for review inside the MTF and shall not be removed from the MTF without the Government's authorization. The Government at the start of the contract will provide the publications and forms listed. The Government will provide additional publications if required to the Contractor when changes occur. Supplements or amendments to listed publications from any organizational level may be issued during the life of the contract. The Contractor shall immediately implement those changes, which result in a decrease or no change in the contract price and notify the Contracting Officer in writing of such change. Should a decrease in contract price result; the Contractor shall provide a proposal for reduction in the contract price to the Contracting Officer. Prior to implementing any change that will result in an increase in contract price; the Contractor shall submit to the Contracting Officer a price proposal within thirty (30) days or receipt of the change by the Contractor. The Contracting Officer and the Contractor shall negotiate the change into the contract under the provisions of the contract clause entitled "Changes". Publication Mandatory/ Number Title Date Advisory 3.7.2. DEPARTMENT OF DEFENSE (DOD) REGULATIONS/MANUALS/INSTRUCTIONS/DIRECTIVES Note - knowledge most regulatory instructions are the province of the Chief of Radiology. The Chief shall provide copies of relevant DOD, AF, and Medical Group Instructions that directly relate to Contractor performance under this agreement. These are considered to be: AFI 33-332 Air Force Privacy Act Program May 11 M AFMAN 33-363 Management of Records May 08 M AFI 41-209 Medical Logistics Support Jun 06 M AFI 41-210 Patient Administration Functions Mar 06 M (Sections on patient records, confidentiality, and release of information) AFI 44-102 Community Care Management May 06 M (Chapter 9, Radiology and Radiologic Services; pages 50-51) AFI 44-108 Infection Control Program Jul 00 M AFJI 48-110 Immunizations and Chemoprophylaxis Sep 06 M AFI 64-106 Air Force Industrial Labor Relations Mar 94 M Activities AFOSH 127-8 Medical Facilities Oct 98 M MDGI 44-113, Infection Prevention and Control Program Mar 11 M MDGI 44- 147 Plan For The Provision of Patient Care Dec 10 M AFMAN 37-139 Records Disposition Schedule Mar 96 M AFPD 33-3 Information Management Mar 06 M DoD 6025.18-R DoD Health Information Privacy Regulation Jan 03 M DoD 8580.02-R DoD Health Information Security Regulation Jul 07 M AFI 64-106 Air Force Industrial Labor Relations Activities Mar 94 M 3.7.2. OTHER REFERENCES: Comprehensive Accreditation Manual for Hospitals, current edition. 3.7.3. The forms listed below contains instructions which are self explanatory. Contractor personnel should be able to complete the form by following the instructions and/or prescribing regulations. The contractor shall provide proper disposition of the completed reports/forms by following the instructions and/or prescribing regulations. Proper disposition of the completed forms are the responsibility of the MTF medical technicians and medical administrative specialists. 3.7.3.1 SF 519A/B, Radiological Consultation Request/Report or CHCS equivalent 3.7.3.2. Procedure specific patient clinical history questionnaires (cervical, ankle, knee etc. etc.) SECTION 4- GENERAL INFORMATION 4.1. CONTRACTOR PERSONNEL: 4.1.1. The Contractor shall provide a Senior Technologist who shall be responsible for the performance of the work and consistently oversee the operation. The Senior Technologist shall have full authority to act for the Contractor on all matters relating to the daily operation of this contract. The Senior Technologist shall have authority to make decisions during visits to the MTF. The Contractor shall designate these individuals, in writing, to the Contracting Officer before the contract start date. An alternate may be designated, but the Contractor shall identify those times when the alternate shall be the primary point of contact. 4.1.2 The Government will not be responsible for any damage or loss occurring to the MRI mobile unit or any other Contractor equipment/supplies or Contractor personnel's personal items brought on to the Government installation, while performing under this contract. 4.1.3. Contractor's personnel shall be able to read, understand, fluently speak, and legibly write English. 4.1.4. The Contractor shall have the responsibility and prerogative of selection, assignment, transfer, supervision, management, and control of Contractor personnel in performance of this PWS. However, the Contractor shall not employ persons for work on this contract if such persons are identified to the Contractor by the Contracting Officer as a potential threat to the health, safety, security, general well being or operational mission of the installation and its population. 4.1.5. The Contractor shall not employ any person who is an employee of the Government if the employment of that person would create a conflict of interest nor shall the Contractor employ any person who is an employee of the Department of the Air Force, either military or civilian, unless such person seeks and receives approval in accordance with DODD 5500-7. In addition, the Contractor shall not employ any person who is an employee of the Department of the Air Force if such employment would be contrary to the policies contained in AFI 64-106. 4.1.6 The MTF will provide emergency health care for Contractor's representatives performing under this contract, for injuries occurring while on duty at the MTF. 4.1.7. Any individual performing under this contract who receives more than two (2) valid complaints (as determined by the Contracting Officer) within eighty (80) hours of service, shall not be permitted to provide services until the individual successfully completes a Government approved patient sensitivity training class. The Contractor shall submit a Patient Sensitivity Class curriculum to the Commander, Diagnostic Imaging Flight 30 days prior to desired training date for approval. The individual's participation in the training class shall be at no cost to the Government. 4.1.8. Contractor personnel shall present a neat professional business appearance and be easily recognized as Contractor employees. The Contractor shall provide employees with a smock, vest, or similar outer garment that easily identifies them as Contractor personnel. The Contractor shall also provide each employee with an identification badge that shall include the employee's name, employee's photograph, and contractor's name. Identification shall be available prior to performing under this contract and shall be worn or attached to the outer garment at all times. Contractor personnel will also obtain and wear an MTF identification badge. 4.1.9. The Contractor's personnel shall ensure their areas are tidy and any decorations present a professional, modest appearance. 4.2. CONTRACTOR PERSONNEL TRAINING: 4.2.1. The Contractor shall ensure that all personnel performing services under the requirements of this contract, particularly in operation of the MRI unit, are qualified and adequately trained. The Contractor's Senior Technologist shall have experience in providing MRI services as well as being able to make supervisor decisions on site. 4.2.2. Contractor's personnel shall not have any work or health restrictions which interfere with the performance of MRI services. 4.2.4.3. The Contractor agrees to provide a minimum of yearly CPR training to its personnel performing under this contract. The CPR certification will be presented upon completion of training. Contractor personnel will not be permitted to perform under this contract without current training documentation. 4.2.4.4. All Contractor personnel performing under this contract must submit to a medical evaluation. The medical evaluation shall include but not be limited to titers demonstrating immunity to various diseases and tuberculosis (TB) skin test. All medical evaluations shall be submitted in a sealed envelope marked "MEDICAL EVALUATION, SENSITIVE MEDICAL INFORMATION FOR MEDICAL EYES ONLY". For additional information, see paragraph 4.5. Contractor personnel will not be permitted to perform under this contract without current medical documentation. 4.2.4.5. The MRI staff should be selected appropriately to meet standard criteria as follows: If a Contractor's individual performing under this contract has ever been a defendant or the subject of a medical malpractice liability claim, settlement, judicial or administrative adjudication, or any other resolved or open charges or inappropriate, unethical, unprofessional, or substandard care, the Contractor shall provide information regarding the action(s). The Contractor shall indicate if the action(s) were settled prior to final court action; judgment rendered by a court; defendant found liable; or if the matter is still pending for each action. 4.2.4.6. All Contractor personnel shall comply with all MTF infection control, safety procedures, practices and standards. If in the event of a conflict between the MTF's procedures and the Contractor's procedures, the Contractor and Contracting Officer shall attempt to resolve the matter by mutual agreement. 4.2.4.7. Contractor's personnel shall be willing to conform to Joint Commission standards. 4.3. SECURITY REQUIREMENTS: 4.3.1. The contractor shall be required to obtain all necessary cards, passes, and decals required for access to the base at the 48th Security Forces Squadron, Pass and Registration Section. (See appendix C) The number of passes will be limited to three (3) drivers and five (5) technologists. All documents required for passes must be completed and filed within 30 days of contract award. The contractor is responsible for the accountability of all such media and these media shall be surrendered to the Pass and Registration Section upon completion or termination of the contract or upon the termination of an individual's employment for the contractor. Upon each visit, the driver and at least one (1) technician must have their passes to escort other technicians onto the installation. 4.4. ENVIRONMENTAL CONTROL: 4.4.1. If any personnel spill or release any toxic/hazardous substance into the environment, that individual shall immediately contain the spill and report the incident to any Diagnostic Imaging staff member who in turn will report the spill to appropriate Government agencies. 4.4.2. The Contractor shall provide for housekeeping within the MRI coach at no cost to the Government. 4.4.3. The MTF shall provide for solid, chemical and hazardous waste disposal. 4.5. HEALTH REQUIREMENTS FOR CONTRACTOR'S MRI PERSONNEL: 4.5.1. TESTS/IMMUNIZATIONS. The Contractor shall ensure that all personnel performing under this contract have the following: 4.5.2. Tuberculin Skin Test: All Contractor personnel shall have had a TB skin test performed within three (3) months of start of contract performance. 4.5.3. If personnel have been vaccinated with BCG within the last three years, they must have a clear chest x-ray within the last year and every year thereafter until contract completion. 4.5.4. Measles, mumps and rubella immunity status: All personnel must provide evidence of immunity to measles (rubeola), mumps and rubella (German measles), through either proof of adequate vaccination or titers, which demonstrate immunity. Male personnel without documented immunity may receive the vaccine without susceptibility screening, at no cost to the Government. 4.5.5. All Contractor personnel are required to have received Hepatitis B immunizations. 4.5.6. Varicella (chickenpox) immunity status: Varicella titer will be ordered for all personnel. If the titer reveals they are not immune, varicella vaccination is required as proof of immunity. 4.5.7. Prior to performance under this contract, Contractor personnel must furnish documentation of all medical requirements. All medical requirements must be completed within 6 months after performance commences. 4.6. QUALITY CONTROL: 4.6.1. The Contractor shall develop, submit for Contracting Officer's acceptance, maintain and enforce a Quality Control Plan (QCP) to ensure compliance with the requirements of this performance-based contract; applicable maintenance standards established by commercial/industrial standard practices, manufacturers recommendations and local laws/requirements. The QCP shall assure services provided are consistent with reasonable standards of medical care. The Contracting Officer will notify the Contractor of the acceptance or rejection of the plan prior to the contract start date. The Contractor shall make necessary changes to their QCP prior to contract start date. 4.6.2. The Contractor QCP shall include: a listing of employees who visit RAF Lakenheath and documentation to verify individual is trained to perform MRI procedures, Basic Life Support and IV certification. 4.7. QUALITY ASSURANCE: The Government will appoint CORs to assess contractor's performance to ensure services are received. The COR will assess the Contractor's performance through intermittent on-site inspections of the contractor's quality control system. The Government may inspect each task as completed or increase the number of quality assurance inspections if deemed appropriate. Repeated failures discovered during quality assurance inspections or repeated customer complaints will cause an increase in inspections. Likewise, the Government may decrease the number of quality control inspections if performance dictates. The Government will also receive and investigate complaints from various customers located on the installation. 4.7.1. MEDICAL QUALITY ASSURANCE/RISK MANAGEMENT (QA/RM). 4.7.2. The Government, through Commander, Diagnostic Imaging Flight, shall annually determine whether the Contractor's professional personnel have performed in accordance with industry standards in broad use throughout the Air Force or the private sector. However, deficiencies in performance shall always be corrected when observed or otherwise identified. Nothing in this paragraph precludes the Government from also conducting inspections under the Inspection of Services Clause. 4.7.3. INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE. Refer to Federal Acquisition Regulation (FAR) clause 52.237-7, "Indemnification and Medical Liability Insurance" of this contract. 4.8. QUANTITY ESTIMATES BASED ON HISTORICAL DATA: The following data is provided for information only: Number of MRI studies for last three Fiscal Years (FY's). FY 08-09 FY 09-10 FY 10-11 1000 950 1100 4.9. PERFORMANCE EVALUATION MEETINGS: The Senior Technologist and the Contract Manager may be required to meet with the Contracting Officer, Contract Administrator, COR, and other Government personnel as deemed necessary. The Contractor may request a meeting with the contracting officer when the Contractor believes such a meeting is necessary. If the Contracting Officer or Contract Administrator deems necessary, written minutes of any such meetings shall be recorded in the contract file and signed by the Senior Technologist and the Contracting Officer or Contract Administrator. If the Contractor does not concur with any portion of the minutes, such nonoccurrence shall be provided in writing to the Contracting Officer within ten (10) calendar days following receipt of the minutes. 4.10. HOURS OF OPERATION: Services shall be provided as follows: 4.10.1. Services shall be performed in the MRI unit. 4.10.2. Scheduled services shall be provided on site between 0800 and 2000 hours, which consists of one week, one visit and one week, two visits on an alternating schedule. If a scheduled service falls on a holiday, it will be rescheduled for another date agreed on by both parties. Scan days will routinely be Tuesday, Wednesday or Thursday. Contractor personnel will alternate lunch breaks in order to provide uninterrupted patient care. 4.10.3. U.S. and United Kingdom (U.K.) holidays are listed below. Any additional holidays declared by the U.S. or U.K. Government(s) shall likewise be considered official holidays for purposes of this provision. New Year's Day Jan 01 U.S. & U.K. Martin Luther King's Birthday 3rd Mon in Jan U.S. President's Day 3rd Mon in Feb U.S. Good Friday Fri. before Easter U.K. Bank Holiday Mon after Easter U.K. May Day Holiday 1st Mon in May U.K. Spring Holiday Last Mon in May U.K. Memorial Day Last Mon in May U.S. Independence Day July 04 U.S. Late Summer Holiday Last Mon in Aug U.K. Labor Day 1st Mon in Sep U.S. Columbus Day 2nd Mon in Oct U.S. Veterans Day Nov 11 U.S. Thanksgiving Day 4th Thur in Nov U.S. Christmas Day Dec 25 U.S. & U.K. Boxing Day Dec 26 U.K. 4.10.4. When a holiday falls on a Sunday, the following day is also a holiday, when a U.S. holiday falls on a Saturday, the preceding day is also a holiday. When a U.K. holiday falls on a Saturday, the following Monday is also a holiday. 4.10.5. When studies are interrupted by electronic, mechanical, weather or other difficulties with the Contractor's equipment and/or personnel and the repair can be made on the same day, the Contractor shall stay late to finish scanning all patients on the schedule. If more than 50% of the day is lost, the Contractor shall make an unscheduled visit within a reasonable timeframe prior to the next regularly scheduled visit, on a Monday through Friday, to finish scanning the patients on the schedule of the day of the breakdown. If this cannot be done, thus requiring patients to be rescheduled onto a subsequent regularly scheduled visit the Government shall not be liable for payment of the unused portion of the day of the breakdown. 4.11. LITIGATION PROVISION: If the Contractor or a representative of the Contractor, who is/are providing services under this contract has pending litigation or administrative proceedings that may affect his/her standing as a fellow/member in a professional organization, full disclosure shall be provided to the Contracting Officer within five (5) calendar days upon his/her notification by the Judicial or administrative forum. 4.11.1. If it is determined by the medical legal review that the standard of care has not been met, or there is substantial evidence of negligence on the part of the Contractor or the Contractor's representative, regardless of the final judicial decision, the contract may be terminated at the discretion of the Government. 4.11.2. The Contractor is responsible for reporting to the Government's Infection Control Committee Officer all information necessary to assure hospital records are correct, and comply with the Joint Commission health records requirements. 4.12. PARTNERING AGREEMENT: It is the Government's objective to foster a teamwork environment that promotes continuous improvement in contractor performance that results in no-grow, slow growth cost to the Government throughout the life of this contract. Partnering agreements between the contractor and the Government are highly encouraged to achieve these objectives. Partnering is the creation of a Government-contractor relationship that promotes achievement of mutually beneficial goals. It involves an agreement in principle to share risks involved in completing the project and to establish and promote a nurturing "win-win" relationship. All costs and savings for the partnership agreement should be shared equally between the Government and contractor. This group is responsible for developing a formal partnering agreement that should be signed by all parties involved. The agreement should contain as a minimum: specific goals to be reached and a list of objectives to reach the goals, a set of metrics to evaluate the objectives, a frequency for meetings to review metrics, an incentive agreement, and statement of cooperation to execute the terms of the agreement APPENDIX A The following work load data represent the Government's best estimate of the annual volume of work shown for each item listed. This exhibit is not intended to cover all of the work load items, but lists the major categories of work. Payments will not be made for any variation in the estimated quantities listed. PROCEDURES ESTIMATED QUANTITY 1. Brain, including brain stem 210 2. Orbit 0 3. Temporomandibular Joint 0 4. Spinal Cord a. Cervical 100 b. Thoracic 25 c. Lumbar 205 d. Screening spine 15 5. Face and neck 5 6. Chest 5 7. Pelvis and hips 20 8. Knees 215 9. Other joints 120 10. Shoulders 145 11. Upper extremities 90 12. Abdomen/pelvis 45 13. Myocardium 0 14. Bone marrow 0 15. Imaging with paramagnetic substances 175 16. Other 0 Total 1200 NOTE: The total quantity is exclusive of item "15", which overlaps some of the other examinations. APPENDIX B The supplies listed below shall be provided to the Contractor by the MTF on an as-needed basis: 1. Bed linen 2. Patient gowns 3. Normal saline 4. Surgical lubricant 5. Povidine - iodine solution 6. Sterile water 7. Paramagnetic contrast 8. 4 x 4 Gauze bandages 9. Adhesive tape 10. IV Catheters and tubing 11. Heparin locks 12. IV Stopcocks 14. Patient exam gloves 15. Alcohol Pads 17. Hypodermic needles 18. Butterfly needles 19. Sharps Container 20. Other minor consumables as determined by the Radiologist APPENDIX C Security Requirements Overview 1. Local national contractor employees requiring access to United States Air Force-occupied United Kingdom bases must comply with Third Air Force Instruction 31-501, and all local Security Forces requirements. This is an overview and does not contain all the specifics contained in the Instruction. 2. New contractor employees may be escorted onto the installation, only, to fill out paperwork. The employee is not to start work until all required paperwork has been submitted to the appropriate office. 3. Prior to beginning employment on the installation, individuals must, at a minimum, have a completed Local Files Check (LFC). Individuals with LFCs, are required to be escorted by an authorized US citizen (reference Instruction 31-501 for US citizen clearance requirements) or a local national with a Security Check (SC) who has escort authority. 4. Unescorted access requires a Host Agency Check (HAC). There are two levels of background investigations that meet the standards that meet this requirement. The level of background check required, will depend on whether the position is considered sensitive or non-sensitive. a. The Counter Terrorist Check (CTC). The CTC is a national-level security and police background investigation conducted by the DVA. This is the minimum check required for all contractor/subcontractor employees in non-sensitive positions requiring unescorted installation access. The CTC expires three years from the issue date. b. The Security Check (SC). The SC includes all of the elements of the CTC but is a more comprehensive investigation and includes such actions as a credit check, interviewing relatives, determining and evaluating the individual's involvement in various organizations, verifying any past military experience, etc. This is the minimum check required for employees and contractor personnel in sensitive positions. Most SCs expire five years from the issue date. 5. Individuals employed in sensitive positions may only be assigned to and or perform the non-sensitive portion of the position until the SC is positively completed or they must be provided with direct supervision by a U.S. citizen or an individual with a completed SC. 6. Investigation renewal. All employees renewing their background investigation will complete an MOD Form 1109, Security Questionnaire. On the front cover of the form, under General Details, the employee will mark the appropriate block indicating a security questionnaire has been completed before and will complete the form with current information. Renewal paperwork should be submitted 6 months prior to the current background expiration date to avoid a possible lapse in installation access. 7. Functional Contracting Officer Representative (COR) will be the point-of-contact for processing security clearances. They will provide necessary documents to contractor employees, compile completed forms, submit documents to Security Forces, and sign USAFE Form 79. The following must be accomplished ‘in-turn' for all new contractor employees. Contractor will provide the following to COR: - Completed LCF (conducted by HAC Office) - Completed MOD Form 1109, Security Questionnaire (required for CTC or SC; completed by unit submitter) - Completed USAFE Form 19, Residency Check for Employment with United States Air Forces in Europe - Completed AF Form 2583, Request for Personnel Security Action - Completed USAFE Form 79, Application for Base Entry Identification (completed by unit submitter) - Completed Basic Check Verification Record (BCVR)(verified and signed by unit submitter) 8. Upon receipt of a favourable HAC and all required documentation, the contractor employee will be issued a USAFE Form 77 which must be in the employee's possession at all times while on the installation. The expiration date of the Form 77 will be the contract expiration date or one year, whichever is shorter. The contractor is responsible for collecting and turning in to the COR, all Form 77s for employee who are no longer in their employment. INSPECTION AND ACCEPTANCE TERMS Supplies/services will be inspected/accepted at: CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY 0001 Destination Government Destination Government 0002 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government CLAUSES INCORPORATED BY REFERENCE 52.203-3 Gratuities APR 1984 52.204-7 Central Contractor Registration FEB 2012 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment DEC 2010 52.211-6 Brand Name or Equal AUG 1999 52.212-1 Instructions to Offerors--Commercial Items FEB 2012 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items MAY 2012 52.212-5 (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Deviation) MAY 2012 52.217-5 Evaluation Of Options JUL 1990 52.217-5 Evaluation Of Options JUL 1990 52.222-29 Notification Of Visa Denial JUN 2003 52.223-10 Waste Reduction Program MAY 2011 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.228-3 Worker's Compensation Insurance (Defense Base Act) APR 1984 52.229-6 Taxes--Foreign Fixed-Price Contracts JUN 2003 52.232-17 Interest OCT 2010 52.232-18 Availability Of Funds APR 1984 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation APR 1984 52.252-2 Clauses Incorporated By Reference FEB 1998 CLAUSES INCORPORATED BY FULL TEXT 52.202-1 DEFINITIONS (JAN 2012) (a) When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless-- (1) The solicitation, or amended solicitation, provides a different definition; (2) The contracting parties agree to a different definition; (3) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or (4) The word or term is defined in FAR Part 31, for use in the cost principles and procedures. (b) The FAR Index is a guide to words and terms the FAR defines and shows where each definition is located. The FAR Index is available via the Internet at http://www.acquisition.gov/far at the end of the FAR, after the FAR Appendix. (End of clause) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) (a) Definitions. As used in this clause-- Postconsumer fiber means- (1) Paper, paperboard, and fibrous materials from retail stores, office buildings, homes, and so forth, after they have passed through their end-usage as a consumer item, including: used corrugated boxes; old newspapers; old magazines; mixed waste paper; tabulating cards; and used cordage; or (2) All paper, paperboard, and fibrous materials that enter and are collected from municipal solid waste; but not (3) Fiber derived from printers' over-runs, converters' scrap, and over-issue publications. (b) The Contractor is required to submit paper documents, such as offers, letters, or reports that are printed or copied double-sided on paper containing at least 30 percent postconsumer fiber, whenever practicable, when not using electronic commerce methods to submit information or data to the Government. (End of clause) 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010) (a)(1) The Offeror certifies, to the best of its knowledge and belief, that- (i) The Offeror and/or any of its Principals- (A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation); and (C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and (D) Have [ballot], have not [ballot], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (1) Federal taxes are considered delinquent if both of the following criteria apply: (i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). (ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. (End of provision) 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (FEB 2012) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show-- (1) The solicitation number; (2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) "Remit to" address, if different than mailing address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (11) If the offer is not submitted on the SF 1449, 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. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. (d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing. (e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately. (f) Late submissions, modifications, revisions, and withdrawals of offers: (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-- (A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (C) If this solicitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. (g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites: (i) ASSIST (http://assist.daps.dla.mil). (ii) Quick Search (http://assist.daps.dla.mil/quicksearch). (iii) ASSISTdocs.com (http://assistdocs.com). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-- (i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office. (k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the CCR database accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757. (l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: (1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of the rationale for award; (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency. ADDENDUM TO 52.212-1 -- Instructions to Offerors -- Commercial Items (Feb 2012) A. To assure timely and equitable evaluation of the proposal, the offeror must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or subfactors. Failure to meet a requirement may result in an offer being ineligible for award. All proposals must be based upon Firm Fixed Prices (FFP), FAR 16.202-1. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The proposal shall consist of three (3) separate factors and three (3) subfactors; FACTOR 1 - TECHNICAL CAPABILITY SUBFACTOR 1 - MRI Unit Capability SUBFACTOR 2 - Technical Certifications SUBFACTOR 3 - Contractor Furnished Equipment, Supplies, and Maintenance FACTOR 2 - PRICE FACTOR 3 - PAST PERFORMANCE INFORMATION B. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer's opinion, adequate price competition exists, offerors will not be required to submit cost or pricing data or certification under FAR 15.406-2. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists, offerors may be required to submit cost or pricing data. Additionally, an offeror may be asked to submit information other than cost or pricing data if the contracting officer determines such information is necessary to determine the reasonableness and affordability of the price. C. Specific Instructions: Staffing agencies may submit up to three (3) candidates for this proposal. FACTOR 1 - TECHNICAL CAPABILITY - Limited to no more than 30 pages to include attachments. Any additional pages may not be evaluated or considered as part of the proposal. Submit original and three (3) copies. SUBFACTOR 1 - MRI Unit Capability: Submit a detailed comprehensive approach as to how you will adhere to the requirements set forth in the Performance Work Statement (PWS), para 1.1.1. This documentation at a minimum shall indicate: 1. That the mobile MRI unit is equipped with a 1.5 Tesla magnet, quadrature coils to perform all studies listed in Appendix A of the PWS, and that auto-injector capability will be readily available each scan day in the mobile facility for use (PWS paragraph 1.1.1). 2. Submit Mobile MRI manufacturer and model identification for all unit(s) that will be used under this contract. 3. The ability to perform the following studies: head, extremity (knee and ankle), flex extremity (small, medium and large), phased array spine, c-spine, shoulder and abdomen as outlined in Appendix A of the PWS. SUBFACTOR 2 - Technical Certifications: Submit copies of current and valid certificates listed below for all technicians that will perform under this contract in accordance with PWS section 1.2.1., 1.2.2., and 4.1.3 and 4.2.4.3. 1) UK Health Professions Counsel (HPC) 2) Cardiopulmonary resuscitation (CPR) certification. 3) Submit Intravenous (IV) certifications. SUBFACTOR 3 - Contractor Furnished Equipment, Supplies, and Maintenance: Submit a detailed comprehensive approach as to how you will adhere to the requirements set forth in the Performance Work Statement (PWS section 1.1.2, 1.1.3, and 1.5.1). This documentation at a minimum shall indicate: 1) Proof of current maintenance certification on the Mobile MRI unit(s) that is/are used under this contract. Current is defined as being conducted within three (3) months for the MRI unit and within six (6) months for trailer maintenance from the closing date of this solicitation. 2) Your ability to produce CD's in DICOM imaging format for all examinations performed per patient and provide them to the Military Treatment Facility (MTF). Digital copies of all studies accomplished will be given to the MTF when enough studies are conducted to fill a disk, throughout the day and at the end of each scan day set forth in the PWS section 1.1.2. and 1.5.1 FACTOR 2 - PRICE - Submit original and one (1) copy (a) Complete blocks 12, 17a, and 30a, b, and c of the SF 1449. In doing so, the offeror accedes to the contract terms and conditions as written in the solicitation, with attachments. The solicitation constitutes the model contract. (b) Insert proposed unit and extended prices in the pricing schedule for each contract line item number (CLIN). The extended amount must equal the whole currency unit price multiplied by the number of units. The proposal must be submitted for base performance period plus three (3) option years. This is a firm fixed price contract, the government will not accept contingent pricing. (c) Complete the necessary fill-ins and certifications in all provisions. The provisions FAR 52.212-3, 52.223-3, 52.209-5, 252.212-7000, and 252.212-7001, shall be returned along with the proposal. (d) Price proposals can be submitted in either U.S. Dollars or Great British Pounds. FACTOR 3 - PAST PERFORMANCE INFORMATION - Only references for same or similar type contracts are desired. This section will be due two weeks before the final proposals are due. Performance Surveys: The government will evaluate the quality and extent of offeror's performance deemed relevant to the requirements of this RFP. The government will use information submitted by the offeror and other sources such as other federal government offices and commercial sources, to assess performance. Provide a list of up to three (3), of the most relevant contracts performed for Federal agencies, National Health Service (NHS) and/or commercial customers within the last three (3) years. Relevant contracts include contracts of a similar or greater scope, magnitude and complexity for the management and performance of mobile MRI services. Relevant experience is defined as past/present performance effort involved much of the magnitude of effort and complexities this solicitation requires. Not Relevant experience is defined as past/present performance effort did not involve any of the magnitude of effort and complexities this solicitation required. Recent experience is defined as experience acquired in the last three years from solicitation closing date. The evaluation of past performance information will take into account past performance information regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the instant acquisition. Contractor shall complete sections A and B of the Past Performance Questionnaire (Attachment F) and submit by e-mail to both: jesse.jacobson@lakenheath.af.mil and sarah.gordon@lakenheath.af.mil. The past performance portion of this proposal is due on 20 August 2012, 1600 Hours. If a teaming arrangement is contemplated, provide complete information as to the arrangement, including any relevant and recent (within the past three years) past performance information on previous teaming arrangements with same partner. If this is a first time joint effort, each party to the arrangement must provide a list of past and present relevant contracts. (c) Subcontractor Consent: Past performance information pertaining to a subcontractor cannot be disclosed to the prime offeror without the subcontractor's consent. Provide with the proposal a letter from all subcontractors that will perform major or critical aspects of the requirement, consenting to the release of their past performance information to the prime contractor. D. Documents submitted in response to this RFP must be fully responsive to and consistent with the following: (1) Requirements of the RFP (CLINs & PWS) and government standards and regulations pertaining to the PWS. (2) Evaluation Factors for Award in provision 52.212-2, Evaluation-Commercial Items. (3) Any limitation on the number of proposal pages. Pages exceeding the page limitations set forth in this solicitation provision will not be read or evaluated, and will be removed from the proposal. E. Format for proposal Factor I shall be as follows: Element Title Submittal Number of Copies Volume I Factor 1- Technical Capability 30 pages maximum Original and three (3) copies Volume II Factor 2 - Price Fill in solicitation Contract Line Item Number (CLIN) pricing schedule for each CLIN listed in this solicitation. Original and one (1) copy Volume III Factor 3 - Past Performance Information List of up to three (3) past performance questionnaires (see Factor III of addendum 52.212-1) Original and three (3) copies *NOTE: The requirement for multiple copies does not apply to electronically submitted proposals. (1) The proposals will be 8 1/2" x 11" paper, or European equivalent, except for fold-outs used for charts, tables, or diagrams, which may not exceed 11" x 17", or European equivalent. (2) A page is defined as one face of a sheet of paper containing information. (3) Typing shall not be less than 12 pitch. (4) Elaborate formats, bindings or color presentations are not desired or required. F. Further changes to the original clause 52.212-1. (1) Paragraph 52.212-1(c), Period for Acceptance of Offers is tailored as follows: The offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers. (2) Paragraphs 52.212-1(d) and 52.212-1(h) do not apply to this acquisition. Documents submitted in response to this solicitation must be fully responsive to and consistent with the following: 1. Requirements of the solicitation (Item Numbers) and Performance Work Statement (PWS), and government standards and regulations pertaining to the PWS. 2. Evaluation Factors for Award. General Information INFORMATION REGARDING SUBMISSION OF PROPOSAL: Offerors are encouraged to submit their proposal electronically to: jesse.jacobson@lakenheath.af.mil & sarah.gordon@lakenheath.af.mil. Per 52.212-1(2)(i)(A), it is the offeror's responsibility to ensure the proposal is sent to the correct Government email address. Please note: - Our email system has a 1MB limit for attachments. Offerors may send their proposal using multiple emails and it is advised that number systems such as "email 1 of 4" are used so that if requested by the offeror, we can confirm receipt. The requirements for multiple copies do not apply to electronically submitted proposal. - Hand carried proposals must be delivered to the contracting office at Building 977, 1st Floor, RAF Lakenheath, United Kingdom, IP27 9PN or coordinated with the designated Contracting Specialists for pick-up at installation gate. The sealed envelope or package used to submit your proposal must show the time and date specified for receipt, the Solicitation Number, and the name and address of the offeror. Offerors should allow sufficient time to obtain a visitor pass and arrive at the bid depository PRIOR to the time specified for receipt. Late proposals will be processed in accordance with FAR 52.212-1(f) "Late submission, modifications, revisions, and withdrawals of offers." Proposals may also be mailed to: 48 Contracting Squadron Unit 5070 Box 270 APO, AE 09461 Or 48 Contracting Squadron Bldg. 977, Boston Dr. RAF Lakenheath, Bandon, Suffolk IP27 9PN (End of provision) 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors and subfactors shall be used to evaluate offers: FACTOR 1 - TECHNICAL CAPABILITY SUBFACTOR 1 - MRI Unit Capability SUBFACTOR 2 - Technical Certifications SUBFACTOR 3 - Contractor Furnished Equipment, Supplies, and Maintenance FACTOR 2 - PRICE FACTOR 3 - PAST PERFORMANCE INFORMATION (b) Options. The Government will evaluate proposals for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that a proposal is unacceptable if the option prices are not priced out or significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. ADDENDA TO 52.212-2 -- Evaluation -- Commercial Items (Jan 1999) BASIS FOR CONTRACT AWARD: Government evaluation will be conducted on offerors' proposals considering the evaluation factors required under 52.212-1 of Technical Capability Proposal and Price Proposal. Evaluation of these factors will utilize a Lowest Price, Technically Acceptable (LPTA) source selection approach in accordance with FAR Part 15.101-2; whereby the Government seeks to award on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards of non-price factors (i.e. Technical Capability). Under the LPTA source selection process, trade-offs are not permitted, proposals are evaluated for acceptability but not ranked using the non-price factors. All proposals must be based upon Firm Fixed Prices (FFP), FAR 16.202-1. Upon completion of the Government's initial evaluation, exchanges with offerors may occur by issuing Evaluation Notices (ENs) to offerors within the competitive range. The government intends to award a contract without discussions. The government, however, reserves the right to conduct discussions if deemed in its best interest. Once discussions, if conducted, have been concluded, the contracting officer will request a Final Proposal Revision (FPR). Only one award will be made as a result of this solicitation. The evaluation process shall proceed as follows: Technical Acceptable/Unacceptable Ratings Rating Description Acceptable Proposal clearly addresses and meets all of the minimum requirements of the solicitation as identified in subfactors: MRI Unit Capability, Technical Certifications, Contractor Furnished Equipment, Supplies, and Maintenance. Unacceptable Proposal does not clearly address and meet all of the minimum requirements of the solicitation as identified in subfactors: MRI Unit Capability, Technical Certifications, Contractor Furnished Equipment, Supplies, and Maintenance. A. EVALUATION FACTORS FOR AWARD: Three (3) separate evaluation factors and three (3) subfactors will be used to evaluate proposals: FACTOR 1 - TECHNICAL CAPABILITY SUBFACTOR 1 - MRI Unit Capability SUBFACTOR 2 - Technical Certifications SUBFACTOR 3 - Contractor Furnished Equipment, Supplies, and Maintenance FACTOR 2 - PRICE FACTOR 3 - PAST EXPERIENCE INFORMATION FACTOR 1 - TECHNICAL CAPABILITY: The government will evaluate technical proposals and the below listed sub-factors on a pass/fail-basis, assigning ratings of acceptable, or unacceptable. An unacceptable rating for any of the below subfactors will result in an unacceptable rating for this Technical Capability primary factor and the entire factor will be rated as unacceptable. Failure to completely address any subfactor will deem an offer as technically unacceptable. Accordingly, under the LPTA source selection approach, offerors who receive an unacceptable rating for this factor, will not be considered for award. Technical Acceptability shall be evaluated against the following subfactors: SUBFACTOR 1- MRI Unit Capability: This subfactor is met when an offeror thoroughly, completely, and accurately submits all of the following criteria listed in this subfactor. Offeror will be evaluated on their ability to provide a detailed comprehensive approach as to how they will demonstrate and adhere to the requirements listed below, as set forth in Addendum 52.212-1, Factor 1, Subfactor 1: 1) A mobile MRI unit equipped with a 1.5 Tesla magnet, quadrature coils to perform all studies listed in Appendix A of the PWS, and that auto-injector capability will be readily available each scan day in the mobile facility for use as stated in Addendum 52.212-1, Factor 1, Subfactor 1, Paragraph 1. 2) The Government will contact the mobile MRI manufacturer to verify model identification for all unit(s) that will be used under this contract as stated in Addendum 52.212-1, Factor 1, Subfactor 1, Paragraph 2. 3) The ability to perform the following studies: head, extremity (knee and ankle), flex extremity (small, medium and large), phased array spine, c-spine, shoulder and abdomen as as outlined in Appendix A of the PWS and stated in Addendum 52.212-1, Factor 1, Subfactor 1, Paragraph 3. SUBFACTOR 2 - Technical Certifications: This subfactor is met when an offeror thoroughly, completely, and accurately submits all of the following criteria listed in this subfactor and as stated in Addendum 52.212-1, Factor 1, Subfactor 2. Offeror will be evaluated based on copies of certificates submitted for all technicians that will perform under this contract in accordance with PWS section 1.2.1., 1.2.2., 4.1.3., and 4.2.4.3. The Government will verify certifications for validity and currency by contacting the issuing institution. 1) Health Professions Counsel (HPC) 2) cardiopulmonary resuscitation (CPR) 3) Intravenous (IV) certifications SUBFACTOR 3 - Contractor Furnished Equipment, Supplies, and Maintenance: This subfactor is met when an offeror thoroughly, completely, and accurately submits all of the following criteria listed in this subfactor and as stated in Addendum 52.212-1, Factor 1, Subfactor 3. 1) Offeror will be evaluated on their ability to provide proof of current mobile MRI maintenance certification for all units that will perform under this contract IAW PWS section 1.1.3. and Addendum 52.212-1, Subfactor 3, Paragraph 1. 2) Offeror will be evaluated on their ability to provide a comprehensive plan that demonstrates how they will produce studies in DICOM imaging format of all studies and provide them to the MTF throughout the day via CD when enough studies are conducted to fill a disk and at the end of each scan day Addendum 52.212-1, Subfactor 3, Paragraph 2. FACTOR 2 - PRICE An offeror's proposed prices will be determined by multiplying the quantities identified for each item number in the price schedule by the proposed unit price to confirm the extended amount for each price schedule item. The extended price for each item will then be added together to arrive at a total evaluated price. The price evaluation will be accomplished by conducting price analysis to assess and compare proposed prices and the reasonableness and affordability of the proposed total evaluated price as defined in FAR 15.404-1 and FAR 15.305. The government may also elect to assess the realism of the proposed price where an offeror's total evaluated price is deemed too low to support successful performance for the entire performance period of the contract. Generally adequate price competition will satisfy the criteria of price reasonableness. Firm-fixed-price contract provides for a price that is not subject to any adjustment on the basis of the contractor's cost experience in performing the contract. (FAR 16.202-1) FACTOR 3 - PAST PERFORMANCE INFORMATION Past Performance. The Government will send questionnaires to the listed points of contact by offerors in their Past Performance Information. Also, utilized by the government during past performance evaluation will be data independently obtained from other government and commercial sources. Based upon feedback from respondents to the questionnaires listed herein, and information gained from other government/commercial sources, past performance evaluation will further assess the recency and relevancy of associated projects, and if found recent and relevant, the evaluation will further assess if the offeror had successfully demonstrated an ability to perform. Recent performance includes contract performance within three (3) years of the date of this solicitation. Relevant performance includes performance of efforts involving services in the PWS that are similar or greater in scope, magnitude and complexity than the effort described in this solicitation. The evaluation of past performance information will take into account past performance information regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the acquisition. Note that the past performance evaluation performed in support of this requirement does not establish, create, or change the existing record and history of the offeror‘s past performance on past contracts; rather, the past performance evaluation process gathers information from customers on how well the offeror performed those past contracts. Relevant experience is defined as past/present performance effort involved much of the magnitude of effort and complexities this solicitation requires. Not Relevant experience is defined as past/present performance effort did not involve any of the magnitude of effort and complexities this solicitation required. Recent experience is defined as experience acquired in the last three years from solicitation closing date. The evaluation of past performance information will result in an overall assessment of satisfactory or unsatisfactory as follows: Past Performance Evaluation Ratings Description Acceptable Based on the offeror‘s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror's performance record is unknown. (See note below) Unacceptable Based on the offeror‘s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort. Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/ unacceptability, -"unknown "shall be considered "acceptable." B. AWARD DETERMINATION: As a result of the Government's aforementioned evaluation, only those offerors whose proposals are determined to be technically acceptable, and either initially or as a result of discussions, will be considered for award. In addition, only those offerors who have been assigned an acceptable past performance rating, will be considered for award. No trade-offs will be permitted between price, and the non-price factors of technical capability and past performance. Of those offerors found technically acceptable, the award will be made to the lowest priced offeror whose price is determined to be reasonable, realistic, and affordable. Additional Information for Offerors: Offerors are cautioned to submit sufficient information and in the format specified in 52.212-1, Instructions to Offerors-Commercial Items. Offeror's may be asked to clarify certain aspects of their proposal. These communications will not constitute discussions and the contracting officer reserves the right to award a contract without the opportunity for proposal revision. The Government intends to award a contract without discussions with respective offerors. However, the Government reserves the right to conduct discussions if deemed in its best interest. (end of provision) 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 2012) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision. (a) Definitions. As used in this provision -- "Economically disadvantaged women-owned small business (EDWOSB) Concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. "Forced or indentured child labor" means all work or service- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874. Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except-- (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. Sensitive technology-- (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-- (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). Service-disabled veteran-owned small business concern-- (1) Means a small business concern-- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. 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. Veteran-owned small business concern means a small business concern-- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small business concern" means a small business concern-- (1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or (2) Whose management and daily business operations are controlled by one or more women. Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)", means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted electronically on the Online Representations and Certifications Application (ORCA) website. (2) The offeror has completed the annual representations and certifications electronically via the ORCA website accessed through https://www.acquisition.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------. [Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.] (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern. (2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, ( ) is not a women-owned small business concern. Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-- (i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ballot] is, [ballot] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ----------.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-- (i) It [ballot] is, [ballot] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ballot] is, [ballot] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ----------.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. (8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: _____________________________________________ (10) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.) (i) General. The offeror represents that either-- (A) It ( ) is, ( ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or (B) It ( ) has, ( ) has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.) (11) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that-- (i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: _______.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (d) Certifications and representations required to implement provisions of Executive Order 11246-- (1) Previous Contracts and Compliance. The offeror represents that-- (i) It ( ) has, ( ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and (ii) It ( ) has, ( ) has not, filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that-- (i) It ( ) has developed and has on file, ( ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or (ii) It ( ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act --Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act--Supplies." (2) Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ (List as necessary) (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)(1) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'': Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No. _______________________________________ _______________________________________ _______________________________________ [List as necessary] (3) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Canadian or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (4) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'': Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ (List as necessary) (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that -- (1) The offeror and/or any of its principals ( ) are, ( ) are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency, (2) ( ) Have, ( ) have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and (3) ( ) are, ( ) are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) ( ) Have, ( ) have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed end products. Listed End Product Listed Countriesof Origin (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) ( ) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) ( ) Outside the United States. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly-- (1) ( ) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) ( ) Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] [ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror ( ) does ( ) does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. [ ] (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror ( ) does ( ) does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). ( ) TIN: --------------------. ( ) TIN has been applied for. ( ) TIN is not required because: ( ) Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; ( ) Offeror is an agency or instrumentality of a foreign government; ( ) Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. ( ) Sole proprietorship; ( ) Partnership; ( ) Corporate entity (not tax-exempt); ( ) Corporate entity (tax-exempt); ( ) Government entity (Federal, State, or local); ( ) Foreign government; ( ) International organization per 26 CFR 1.6049-4; ( ) Other ----------. (5) Common parent. ( ) Offeror is not owned or controlled by a common parent; ( ) Name and TIN of common parent: Name --------------------. TIN --------------------. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations- (1) Relation to Internal Revenue Code. An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code 25 U.S.C. 7874. (2) Representation. By submission of its offer, the offeror represents that-- (i) It is not an inverted domestic corporation; and (ii) It is not a subsidiary of an inverted domestic corporation. (o) Sanctioned activities relating to Iran. (1) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and Certification. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror-- (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; and (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if-- (i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. (End of provision) 52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (FEB 2012) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-- (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, contract line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer--Other Than Central Contractor Registration), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment.-- (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-- (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-- (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected contract line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if-- (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-- (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) the Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification. (t) Central Contractor Registration (CCR). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via CCR accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757. (End of clause) 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. As prescribed in 12.301(b)(4), insert the following clause: Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Apr 2012) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). ____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). _X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). ___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Feb 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). _X_ (6) 52.209-6, Protecting the Government' Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note). _X_ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jan 2012) (41 U.S.C. 2313). ___ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Public Law 111-117, section 743 of Division D of Public Law 111-8, and section 745 of Division D of Public Law 110-161). ___ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). ___ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (11) [Reserved] ___ (12) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). ___ (ii) Alternate I (Nov 2011). ___ (iii) Alternate II (Nov 2011). ___ (13) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-7. ___ (iii) Alternate II (Mar 2004) of 52.219-7. ___ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). ___ (15) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637 (d)(4).) ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9. ___ (iv) Alternate III (July 2010) of 52.219-9. ___ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). ___ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). ___ (18) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (19) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). ___ (ii) Alternate I (June 2003) of 52.219-23. ___ (20) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (21) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). ___ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)). ___ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)). ___ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)). ___ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). ___ (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). _X_ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X_ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X_ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). _X__ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). _X_ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). _X_ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). ___ (34) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __X_ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (37) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). ___ (ii) Alternate I (Dec 2007) of 52.223-16. _X__ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011). ___ (39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d). ___ (40) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (Mar 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138 and Pub. L. 112-41). ___ (ii) Alternate I (Mar 2012) of 52.225-3. ___ (iii) Alternate II (Mar 2012) of 52.225-3. ___ (iv) Alternate III (Mar 2012) of 52.225-3. ___ (41) 52.225-5, Trade Agreements (Mar 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). ___ (42) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). ___ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X_ (47) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332). ___ (48) 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332). ___ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). ___ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (51) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ___ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). ___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.). ___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). ___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.). ___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). ___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.) (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.) (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.) (xii) 52.222-54, Employment Eligibility Verification (Jan 2009). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUL 2010) (DEVIATION) (a) Comptroller General Examination of Record. The Contractor agrees to comply with the provisions of this paragraph (a) if the contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to the right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (b)(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(i) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note). (ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) Reserved. (iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793). (vii) Reserved. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (JAN 2009). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. (End of clause) 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 4 years six months. (End of clause) 52.228-3 WORKERS' COMPENSATION INSURANCE (DEFENSE BASE ACT) (APR 1984) The Contractor shall (a) provide, before commencing performance under this contract, such workers' compensation insurance or security as the Defense Base Act (42 U.S.C. 1651, et seq.) requires and (b) continue to maintain it until performance is completed. The Contractor shall insert, in all subcontracts under this contract to which the Defense Base Act applies, a clause similar to this clause (including this sentence) imposing upon those subcontractors this requirement to comply with the Defense Base Act. (End of clause) 52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997) (a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract. (b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribe, or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request. (End of clause) 52.232-1 PAYMENTS (APR 1984) The Government shall pay the Contractor, upon the submission of proper invoices or vouchers, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract. Unless otherwise specified in this contract, payment shall be made on partial deliveries accepted by the Government if-- (a) The amount due on the deliveries warrants it; or (b) The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50 percent of the total contract price. (End of clause) 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-CENTRAL CONTRACTOR REGISTRATION (OCT 2003) (a) Method of payment. (1) All payments by the Government under this contract shall be made by electronic funds transfer (EFT), except as provided in paragraph (a)(2) of this clause. As used in this clause, the term "EFT" refers to the funds transfer and may also include the payment information transfer. (2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either-- (i) Accept payment by check or some other mutually agreeable method of payment; or (ii) Request the Government to extend the payment due date until such time as the Government can make payment by EFT (but see paragraph (d) of this clause). (b) Contractor's EFT information. The Government shall make payment to the Contractor using the EFT information contained in the Central Contractor Registration (CCR) database. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the CCR database. (c) Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR part 210. (d) Suspension of payment. If the Contractor's EFT information in the CCR database is incorrect, then the Government need not make payment to the Contractor under this contract until correct EFT information is entered into the CCR database; and any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply. (e) Liability for uncompleted or erroneous transfers. (1) If an uncompleted or erroneous transfer occurs because the Government used the Contractor's EFT information incorrectly, the Government remains responsible for-- (i) Making a correct payment; (ii) Paying any prompt payment penalty due; and (iii) Recovering any erroneously directed funds. (2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and-- (i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or (ii) If the funds remain under the control of the payment office, the Government shall not make payment, and the provisions of paragraph (d) of this clause shall apply. (f) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System. (g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall register separately in the CCR database and shall be paid by EFT in accordance with the terms of this clause. Notwithstanding any other requirement of this contract, payment to an ultimate recipient other than the Contractor, or a financial institution properly recognized under an assignment of claims pursuant to subpart 32.8, is not permitted. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause. (h) Liability for change of EFT information by financial agent. The Government is not liable for errors resulting from changes to EFT information made by the Contractor's financial agent. (i) Payment information. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address contained in the CCR database. (End of Clause) 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) United States law will apply to resolve any claim of breach of this contract. (End of clause) 52.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (JAN 1997) (a) It is expressly agreed and understood that this is a nonpersonal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor are rendered in its capacity as an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over professional aspects of the services rendered, including by example, the Contractor's professional medical judgment, diagnosis, or specific medical treatments. The Contractor shall be solely liable for and expressly agrees to indemnify the Government with respect to any liability producing acts or omissions by it or by its employees or agents. The Contractor shall maintain during the term of this contract liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence: The Bodily Injury Liability Insurance - Coverage shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims, however, it shall not be less than $500,000.00 per occurance. (b) An apparently successful offeror, upon request by the Contracting Officer, shall furnish prior to contract award evidence of its insurability concerning the medical liability insurance required by paragraph (a) of this clause. (c) Liability insurance may be on either an occurrences basis or on a claims-made basis. If the policy is on a claims-made basis, an extended reporting endorsement (tail) for a period of not less than 3 years after the end of the contract term must also be provided. (d) Evidence of insurance documenting the required coverage for each health care provider who will perform under this contract shall be provided to the Contracting Officer prior to the commencement of services under this contract. If the insurance is on a claims-made basis and evidence of an extended reporting endorsement is not provided prior to the commencement of services, evidence of such endorsement shall be provided to the Contracting Officer prior to the expiration of this contract. Final payment under this contract shall be withheld until evidence of the extended reporting endorsement is provided to the Contracting Officer. (e) The policies evidencing required insurance shall also contain an endorsement to the effect that any cancellation or material change adversely affecting the Government's interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer. If, during the performance period of the contract the Contractor changes insurance providers, the Contractor must provide evidence that the Government will be indemnified to the limits specified in paragraph (a) of this clause, for the entire period of the contract, either under the new policy, or a combination of old and new policies. (f) The Contractor shall insert the substance of this clause, including this paragraph (f), in all subcontracts under this contract for health care services and shall require such subcontractors to provide evidence of and maintain insurance in accordance with paragraph (a) of this clause. At least 5 days before the commencement of work by any subcontractor, the Contractor shall furnish to the Contracting Officer evidence of such insurance. Contracting Officer insert the dollar value(s) of standard coverage(s) prevailing within the local community as to the specific medical specialty, or specialties, concerned, or such higher amount as the Contracting Officer deems necessary to protect the Government's interests. (End of clause) 52.243-1 CHANGES--FIXED-PRICE (AUG 1987) (a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in any one or more of the following: (1) Drawings, designs, or specifications when the supplies to be furnished are to be specially manufactured for the Government in accordance with the drawings, designs, or specifications. (2) Method of shipment or packing. (3) Place of delivery. (b) If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this contract, whether or not changed by the order, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract. (c) The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract. (d) If the Contractor's proposal includes the cost of property made obsolete or excess by the change, the Contracting Officer shall have the right to prescribe the manner of the disposition of the property. (e) Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed. (End of clause) 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/ (End of provision 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation (48 CFR Ch 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. http://farsite.hill.af.mil/ (End of clause) 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JAN 2009) The Contractor shall inform its employees in writing of employee whistleblower rights and protections under 10 U.S.C. 2409, as described in Subpart 203.9 of the Defense Federal Acquisition Regulation Supplement. (End of clause) 252.204-7004 ALTERNATE A, CENTRAL CONTRACTOR REGISTRATION (SEP 2007) (a) Definitions. As used in this clause-- "Central Contractor Registration (CCR) database" means the primary Government repository for contractor information required for the conduct of business with the Government. "Commercial and Government Entity (CAGE) code" means-- (1) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government entity; or (2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and maintains in the CAGE master file. This type of code is known as an "NCAGE code." "Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities. "Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11 of the Federal Acquisition Regulation) for the same parent concern. "Registered in the CCR database" means that-- (1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; (2) The Contractor's CAGE code is in the CCR database; and (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service, and has marked the records ``Active.'' The Contractor will be required to provide consent for TIN validation to the Government as part of the CCR registration process. (b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. (2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database. (c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. (1) An offeror may obtain a DUNS number- (i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://www.dnb.com; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. (2) The offeror should be prepared to provide the following information: (i) Company legal business. (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. (iii) Company Physical Street Address, City, State, and Zip Code. (iv) Company Mailing Address, City, State and Zip Code (if separate from physical). (v) Company Telephone Number. (vi) Date the company was started. (vii) Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line of business (industry). (x) Company Headquarters name and address (reporting relationship within your entity). (d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. (e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation. (f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (g) (1) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757. (End of clause) 252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items. As prescribed in 212.301(f)(iii), use the following clauses as applicable: CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (MAR 2012) (a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components. __X__ 52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207). (b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components. (1) __X__ 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (SEP 2011) (Section 847 of Pub. L. 110-181). (2) __X__252.203-7003, Agency Office of the Inspector General (SEP 2010)(section 6101 of Pub. L. 110-252, 41 U.S.C. 3509). (3) _X___ 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C. 2416). (4) ____ 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (SEP 2011) (15 U.S.C. 637). (5) ____ 252.219-7004, Small Business Subcontracting Plan (Test Program) (JAN 2011) (15 U.S.C. 637 note). (6)(i) ____ 252.225-7001, Buy American Act and Balance of Payments Program (OCT 2011) (41 U.S.C. chapter 83, E.O. 10582). (ii) ____Alternate I (OCT 2011) of 252.225-7001. (7) ____ 252.225-7008, Restriction on Acquisition of Specialty Metals (JUL 2009)(10 U.S.C. 2533b). (8) ____ 252.225-7009, Restriction on Acquisition of Certain Articles ContainingSpecialty Metals (JAN 2011) (10 U.S.C. 2533b). (9) ____ 252.225-7012, Preference for Certain Domestic Commodities (JUN 2010) (10 U.S.C. 2533a). (10) ____ 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C. 2533a). (11) ____ 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (JUN 2011) (Section 8065 of Pub. L. 107-117 and the same restriction in subsequent DoD appropriations acts). (12) _____252.225-7017, Photovoltaic Devices (MAR 2012) (Section 846 of Pub. L. 111-383). (13)(i) ____ 252.225-7021, Trade Agreements (JAN 2012) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note). (ii) ____ Alternate I (OCT 2011) of 252.225-7021. (iii) ____Alternate II (OCT 2011) of 252.225-7021. (14) ____ 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C. 2779). (15) ____ 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C. 2755). (16)(i) ____ 252.225-7036, Buy American Act-Free Trade Agreements- Balance of Payments Program (OCT 2011) (41 U.S.C. chapter 83 and 19 U.S.C. 3301 note). (ii)___ Alternate I (OCT 2011) of 252.225-7036. (iii) ___ Alternate II (OCT 2011) of 252.225-7036. (iv) ___ Alternate III (OCT 2011) of 252.225-7036. (17) ____ 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C. 2534(a)(3)). (18) ____ 252.225-7039, Contractors Performing Private Security Functions (AUG 2011) (Section 862 of Pub. L. 110-181, as amended by section 853 of Pub. L. 110-417 and sections 831 and 832 of Pub. L. 111-383). (19) ____ 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Pub. L. 107-248 and similar sections in subsequent DoD appropriations acts). (20) ____ 252.227-7013, Rights in Technical Data-Noncommercial Items (FEB 2012), if applicable (see 227.7103-6(a)). (21) ____ 252.227-7015, Technical Data-Commercial Items (DEC 2011) (10 U.S.C. 2320). (22) ____ 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 2011), if applicable (see 227.7102-4(c). (23) __X__ 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) (10 U.S.C. 2227). (24) ____ 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84) (25) ____ 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375). (26) _X__ 252.243-7002, Requests for Equitable Adjustment (MAR 1998) (10 U.S.C. 2410). (27) _X__252.246-7004, Safety of Facilities, Infrastructure, and Equipment For Military Operations (OCT 2010) (Section 807 of Pub. L. 111-84). (28) ____ 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010) (Section 884 of Pub. L. 110-417). (29)(i) ____ 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631). (ii) ____ Alternate I (MAR 2000) of 252.247-7023. (iii) ____ Alternate II (MAR 2000) of 252.247-7023. (iv) ____ Alternate III (MAY 2002) of 252.247-7023. (30) ____ 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631). (31) ____ 252.247-7027, Riding Gang Member Requirements (OCT 2011) (Section 3504 of Pub. L. 110-417). (c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract: (1) 252.225-7039, Contractors Performing Private Security Functions (AUG 2011) (Section 862 of Pub. L. 110-181, as amended by section 853 of Pub. L. 110-417 and sections 831 and 832 of Pub. L. 111-383). (2) 252.227-7013, Rights in Technical Data-Noncommercial Items (FEB 2012), if applicable (see 227.7103-6(a)). (3) 252.227-7015, Technical Data-Commercial Items (DEC 2011), if applicable (see 227.7102-4(a)). (4) 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 2011), if applicable (see 227.7102-4(c)). (5) 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84). (6) 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375). (7) 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010) (Section 884 of Pub. L. 110-417). (8) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C 2631). (9) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631). (End of clause) 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (DEC 2010) (DEVIATION) (a) In addition to the clauses listed in paragraph (b) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5) (OCT 2010) (DEVIATION), the Contractor shall include the terms of the following clause, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract: 252.237-7010 252.237-7019 Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84). Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375). 252.247-7003 Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JUL 2009) (Section 884 of Public Law 110-417) 252.247-7023 Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631) 252.247-7024 Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631) (End of clause) 5352.201-9101 Ombudsman. OMBUDSMAN (SEP 2010) (a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the party to another official who can resolve the concern. (b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 <http://www.whitehouse.gov/omb/circulars/a076/a76_rev2003.pdf> competition performance decisions). (c) If resolution cannot be made by the contracting officer, concerned parties may contact the Center/MAJCOM ombudsmen: Primary Command Ombudsman: Ms. Tara Petersen HQ USAFE/A7K, UNIT 3050, Box 10, APO AE 09094-0110 HQ USAFE/A7K, Flugplatz Ramstein, 66877 Ramstein Germany E-mail: tara.petersen@ramstein.af.mil Tel: (49)-6371-47-2209, Fax: (49)-6731-47-2025 Alternate Command Ombudsman: Ms. Heidi Hoehn HQ USAFE/A7K, UNIT 3050, Box 10, APO AE 09094-0110 HQ USAFE/A7K, Flugplatz Ramstein, 66877 Ramstein Germany E-mail: heidi.hoehn@ramstein.af.mil Tel: (49)-6371-47-9330, Fax: (49)-6731-47-2025 Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU or ARISRA level, may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (703) 588-7004, facsimile number (703) 588-1067. (d) The ombudsman has no authority to render a decision that binds the agency. (e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer. (End of clause) 5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS). ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODSs) (APR 2003) (a) Unless the requiring activity has obtained prior Senior Acquisition Official (SAO) approval, contractors may not: (1) Provide any service or product with any specification, standard, drawing, or other document that requires the use of a Class I ODS in the test, operation, or maintenance of any system, subsystem, item, component, or process; or (2) Provide any specification, standard, drawing, or other document that establishes a test, operation, or maintenance requirement that can only be met by use of a Class I ODS. [Note: This prohibition does not apply to manufacturing.] (b) For the purposes of Air Force policy, the following products that are pure (i.e., they meet the relevant product specification identified in AFI 32-7086) are Class I ODSs: (1) Halons: 1011, 1202, 1211, 1301, and 2402; (2) Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-113, CFC-114, CFC-115, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, and CFC-217, and the blends R-500, R-501, R-502, and R-503; and (3) Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide. [NOTE: Material that uses one or more of these Class I ODSs as minor constituents do not meet the Air Force definition of a Class I ODS.] (c) The requiring activity has obtained SAO approval to permit the contractor to use the following Class I ODS(s): Class I ODS/ Application or Use/Quantity (lbs.) per contract period of performance [List each Class I ODS, its applications or use and the approved quantities for use throughout the length of the contract. If "None," so state.] (d) The offeror/contractor is required to notify the contracting officer if any Class I ODS that is not specifically listed above is required in the test, operation, or maintenance of any system, subsystem, item, component, or process. (End of clause) 5352.223-9001 Health and Safety on Government Installations. HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (JUN 1997) (a) In performing work under this contract on a Government installation, the contractor shall: (1) Comply with the specific health and safety requirements established by this contract; (2) Comply with the health and safety rules of the Government installation that concern related activities not directly addressed in this contract; (3) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and (4) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes. (b) The contracting officer may, by written order, direct Air Force Occupational Safety and Health (AFOSH) Standards and/or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract. (c) Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the contracting officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract. (End of clause) 5352.242-9000 Contractor access to Air Force installations. CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (JUN 2002) (a) The contractor shall obtain base identification and vehicle passes for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation. (b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or security police for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver's license, current vehicle registration, valid vehicle insurance certificate, and valid tax disc to obtain a vehicle pass. (c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site. (d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, Volume 1, The Air Force Installation Security Program, and AFI 31-501, Personnel Security Program Management, as applicable. (e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office. (f) Failure to comply with these requirements may result in withholding of final payment. (End of clause)
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Place of Performance: Address: RAF Lakenheath, RAF Lakenheath, Non-U.S., 09461, United States; Zip Code: 09461
Record: SN02807700-W 20120720/120719000218-3049e3366e665019d49c1395203fdecf (fbodaily.com)
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