FBODaily.com | FedBizOpps: MOD | R | NON-PERSONAL SERVICES EMPLOYEE ASSISTANCE PROGRAM FOR COUNSELING SERVICES OF NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA) EMPLOYEE HEALTH SERVICES IN BOULDER, CO

FBO DAILY - FEDBIZOPPS ISSUE OF JUNE 01, 2013 FBO #4207
MODIFICATION

R -- NON-PERSONAL SERVICES EMPLOYEE ASSISTANCE PROGRAM FOR COUNSELING SERVICES OF NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA) EMPLOYEE HEALTH SERVICES IN BOULDER, CO

Notice Date: 5/30/2013
Notice Type: Modification/Amendment
NAICS: 541990 — All Other Professional, Scientific, and Technical Services
Contracting Office: Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), Western Acquisition Division-Boulder, 325 Broadway - MC3, Boulder, Colorado, 80305-3328, United States
ZIP Code: 80305-3328
Solicitation Number: NAAJL160-13-00207SRG
Archive Date: 6/12/2013
Point of Contact: Suzanne A Romberg-Garrett, Phone: 303-497-5110
E-Mail Address: suzanne.garrett@noaa.gov
(suzanne.garrett@noaa.gov)
Small Business Set-Aside: N/A
Description: REVISED - AMENDMENT #1 1. UNRESTRICTED AND OPEN TO ALL SOURCES 2. NEW DUE DATES a.JUNE 7, 2013 FOR INQUIRES 4:00 P.M. MDT/MST b.JUNE 11, 2013 FOR QUOTES DUE 4:00 P.M. MDT/MST COMBINED SYNOPSIS/SOLICITATION NON-PERSONAL SERVICES EMPLOYEE ASSISTANCE PROGRAM FOR COUNSELING SERVICES OF NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA) EMPLOYEE HEALTH SERVICES IN BOULDER, CO (I) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. (II) This solicitation is issued as a request for quotation (RFQ). Submit written quotes on RFQ Number NAAJL160-13-00207SRG. (III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-66. (IV) This procurement is unrestricted and open to all sources. The associated NAICS code is 541990. The small business size standard is $14.0 million. (V) This combined solicitation/synopsis is for purchase of the following commercial services: CLIN 0001 - Base Year; Services, non-personal, for Counseling for the Employee Assistance Program in Boulder, CO for NOAA Employee Health Services in accordance with the statement of work for the period of twelve months. Hourly Rate tiny_mce_marker ___________ Extended Rate For The Year Estimated Total tiny_mce_marker ______________________ CLIN 1001 - Option Year 1; Services, non-personal, for Counseling for the Employee Assistance Program in Boulder, CO for NOAA Employee Health Services in accordance with the statement of work for the period of twelve months. Hourly Rate tiny_mce_marker ___________ Extended Rate For The Year Estimated Total tiny_mce_marker ______________________ CLIN 2001 - Option Year 2; Services, non-personal, for Counseling for the Employee Assistance Program in Boulder, CO for NOAA Employee Health Services in accordance with the statement of work for the period of twelve months. Hourly Rate tiny_mce_marker ___________ Extended Rate For The Year Estimated Total tiny_mce_marker ______________________ CLIN 3001 - Option Year 3; Services, non-personal for Counseling for the Employee Assistance Program in Boulder, CO for NOAA Employee Health Services in accordance with the statement of work for the period of twelve months. Hourly Rate tiny_mce_marker ___________ Extended Rate For The Year Estimated Total tiny_mce_marker ______________________ CLIN 4001 - Option Year 4; Services, non-personal, for Counseling for the Employee Assistance Program in Boulder, CO for NOAA Employee Health Services in accordance with the statement of work for the period of twelve months. Hourly Rate tiny_mce_marker ___________ Extended Rate For The Year Estimated Total tiny_mce_marker ______________________ Total Cost For Five Years tiny_mce_marker __________________________ (VI) Description of requirements is as follows: See attached statement of work which applies. (VII) Period of performance shall be: Base Year for a twelve month period 8/1/2013 through 7/31/2014. Option Period 1 for a twelve month period 8/1/2014 through 7/31/2015. Option Period 2 for a twelve month period 8/1/2015 through 7/31/2016. Option Period 3 for a twelve month period 8/1/2016 through 7/31/2017. Option Period 4 for a twelve month period 8/1/2017 through 7/31/2018. (VIII) FAR 52.212-1, Instructions to Offerors -- Commercial Items (FEB 2012), applies to this acquisition. This is a Best Value Acquisition. NOTICE TO OFFERORS: Instructions for submitting quotations under this request for quote must be followed. Failure to provide all information to aid in the evaluation may be considered non-responsive. Offers that are non-responsive may be excluded from further evaluation and rejected without further notification to the offeror. Quotes shall be fully executed and returned on the Standard Form (SF) 18 and any acknowledgements of solicitation amendments on the SF 30. Submit quotations to the office specified in this solicitation at or before the time specified in the solicitation. Email quotes are acceptable (preferred) and can be sent to Suzanne Garrett, email suzanne.garrett@noaa.gov or Faxed to 303-497-3163. At a minimum the contractor shall provide the following information: a) Point of contact name, telephone and E-mail address. b) DUNS Number Provide all evaluation criteria in accordance with 52.212-2 in this package. 1352.215-72 Inquiries (Apr 2010) Offerors must submit all questions concerning this solicitation in writing to Suzanne.garrett@noaa.gov. Questions should be received no later than 4:00 P.M. MDT/MST, June 7, 2013. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract. (End of clause) (IX) FAR 52.212-2, Evaluation - Commercial Items (Jan 1999), applies to this acquisition. Offers will be evaluated based on price and the factors set forth in paragraph (a), and award will be made to the firm offering the best value to the Government. Paragraph (a) is hereby completed as follows: Evaluation will be based on 1) Price and 2) Past Performance - quote shall include at least two references that can provide information pertaining to the offeror's performance of relevant work. Contractor's past performance evaluation will be based on responsiveness, quality, and customer services. (X) The offeror must submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (Dec 2012), with its quote. An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.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 its stock 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 the stock of which is owned by one or more women; and (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 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 o is, o 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 o is, o 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 o is, o 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 o is, o 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 o is, o is not a women-owned small business concern. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that- (i) It o is,o 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 o is, o 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 o is, o 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 o is, o is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it o 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 o is, o 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 o has, o 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) o 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 o is, o 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 o is, o 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) Representations required to implement provisions of Executive Order 11246- (1) Previous contracts and compliance. The offeror represents that- (i) It o has, o has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It o has, o has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that- (i) It o has developed and has on file, o 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 parts 60-1 and 60-2), or (ii) It o 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. 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. 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 the offeror and/or any of its principals- (1) o Are, o are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) o Have, o 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; (3) o Are, o 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) o Have, o 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. §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. §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. §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 Countries of 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) o 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) o 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 o does o 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 o does o 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). o TIN: ________________________________. o TIN has been applied for. o TIN is not required because: o 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; o Offeror is an agency or instrumentality of a foreign government; o Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. o Sole proprietorship; o Partnership; o Corporate entity (not tax-exempt); o Corporate entity (tax-exempt); o Government entity (Federal, State, or local); o Foreign government; o International organization per 26 CFR 1.6049-4; o Other ________________________________. (5) Common parent. o Offeror is not owned or controlled by a common parent; o 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 e-mail 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) Alternate I (Apr 2011). As prescribed in 12.301(b)(2), add the following paragraph (c)(12) to the basic provision: (12) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(10) of this provision.) [The offeror shall check the category in which its ownership falls]: ____ Black American. ____ Hispanic American. ____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). ____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). ____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). ____ Individual/concern, other than one of the preceding. Alternate II (Jan 2012). As prescribed in 12.301(b)(2), add the following paragraph (c)(10)(iii) to the basic provision: (iii) Address. The offeror represents that its address o is, o is not in a region for which a small disadvantaged business procurement mechanism is authorized and its address has not changed since its certification as a small disadvantaged business concern or submission of its application for certification. The list of authorized small disadvantaged business procurement mechanisms and regions is posted at http://www.acquisition.gov/References/sdbadjustments.htm. The offeror shall use the list in effect on the date of this solicitation. "Address," as used in this provision, means the address of the offeror as listed on the Small Business Administration's register of small disadvantaged business concerns or the address on the completed application that the concern has submitted to the Small Business Administration or a Private Certifier in accordance with 13 CFR Part 124, subpart B. For joint ventures, "address" refers to the address of the small disadvantaged business concern that is participating in the joint venture. The offeror shall complete the annual representations and certifications electronically in System for Award Management at https://www.sam.gov/portal/public/SAM/. (XI) The clause at FAR 52.212-4, Contract Terms and Conditions - Commercial Items (Feb 2012) applies to this acquisition. (XII) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Jan 2013) applies to this acquisition. The following clauses under subparagraph (b) apply: (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Aug 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note). 6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note). (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)). (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). (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). (47) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). (XIII) The following clauses are also applicable to this acquisition: 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.252.2 Clauses Incorporated By Reference (Feb 1998), This contract incorporates on or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/far/index.html (End of Clause) The following additional terms and conditions apply: 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.214-34 Submission of Offers in the English Language (Apr 1991) 52.214-35 Submission of Offer in U.S. Currency (Apr 1991) 52.217-5 Evaluation of Options (July 1990) 52.242-15 Stop-Work Order (Aug 1989) 52.237-7 Indemnification and Medical Liability Insurance (Jan 2003) 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 10 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 10 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 5 years. 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) Funds are not presently available for performance under this contract beyond July 31, 2014. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond July 31, 2014, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer. (End of clause) 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984) (a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision. (b) The use in this solicitation of any Commerce Acquisition Regulation provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (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 Commerce Acquisition Regulation clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of clause) DEPARTMENT OF COMMERCE CLAUSES: System for Award Management Registration (September 2012) (DEVIATION) (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 Agency (DLA) Logistics Information Service to identify a commercial or Government entity; or (2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file. This type of code is known as an "NCAGE code." "Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities. "Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern. "Registered in the SAM database" means that- (1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14) into the SAM database; (2) The Contractor's CAGE code is in the SAM database; and (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record "Active". The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process. "System for Award Management (SAM)" means the primary Government repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes- (1) Data collected from prospective federal awardees required for the conduct of business with the Government; (2) Prospective contractor submitted annual representations and certifications in accordance with FAR Subpart 4.12; and (3) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the nonprocurement common rule by agencies, Government corporations, or by the Government Accountability Office. (b) (1) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. (2) The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS+4. (3) If indicated by the Government during performance, registration in an alternate system may be required in lieu of SAM. (c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. (1) A Contractor may obtain a DUNS number- (i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The contractor should indicate that it is a contractor for a U.S. Government contract when contacting the local Dun and Bradstreet office. (2) The Contractor should be prepared to provide the following information: (i) Company legal business name. (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. (iii) Company physical street address, city, state and Zip Code. (iv) Company mailing address, city, state and Zip Code (if separate from physical). (v) Company telephone number. (vi) Date the company was started. (vii) Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line of business (industry). (x) Company Headquarters name and address (reporting relationship within your entity). (d) Reserved. (e) Processing time, for registration in SAM, which normally takes five business days, should be taken into consideration when registering. Contractors who are not already registered should consider applying for registration at least two weeks prior to invoicing. (f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (g)(1)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer sufficient documentation to support the legally changed name of its intention to-- (A) Change the name in the SAM database; (B) Comply with the requirements of subpart 42.12 of the FAR; and (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. (ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (h) Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through SAM.GOV or by calling 1-866-606-8220 or 334-206-7828 for international calls. (End of Clause) PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (AUGUST 2012) (DEVIATION) This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012. (a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor. (b) Include the substance of this clause, including paragraph (b), in all subcontracts with small business concerns. (c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. (End of clause) REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (CLASS DEVIATION) (MARCH 2012) (1) In accordance with Sections 543 and 544 of Public Law 112-55 Commerce, Justice, Science, and Related Agencies Appropriations Act 2012, Title V (General Provisions) and the FY2013 Continuing Appropriations Resolution (Pub.L. 112-175, September 28,2012,126 Stat. 1313),none of the funds made available by Fiscal Year 2013 Continuing Resolution funding may be used to enter into a contract with any corporation that- (a) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (b) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (2) The Offeror represents that, as of the date of this offer- (a) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (b) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreements with the authority responsible for collecting the tax liability. (End of provision) 1352.201-70, CONTRACTING OFFICER'S AUTHORITY (APRIL 2010). The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price. (End of clause) 1352.209-73, COMPLIANCE WITH THE LAWS (APRIL 2010) The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract. (End of clause) 1352.209-74, ORGANIZATIONAL CONFLICT OF INTEREST (APRIL 2010) (a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors: (1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and (2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract. (b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as "contractor") in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both. (c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest. (d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract. (e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms "contract," "contractor," and "Contracting Officer" shall be appropriately modified to preserve the Government's rights. (f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk. (g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver request to the Contracting Officer, including a full written description of the requested waiver and the reasons in support thereof. (End of clause) 1352.233-70, Agency Protests (APRIL 2010) (a) An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999) (b) Agency protests filed with the Contracting Officer shall be sent to the following address: Suzanne A. Romberg-Garrett Contracting Officer NOAA/AGO Western Acquisition Division-Boulder 325 Broadway MC3 Boulder, CO 80305 FAX: 303-497-5110 (d) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: Barry Berkowitz Senior Procurement Executive and Director, Office of Acquisition Management U.S. Department of Commerce Room 6422 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington DC 20230 FAX: 202-482-1711 (d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority. (e) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington, D.C. 20230. FAX: (202) 482-5858 (End of clause) 1352.233-71, GAO and Court of Federal Claims protests (APRIL 2010) (a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed. (b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims. (c) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington, D.C. 20230. FAX: (202) 482-5858 (End of clause) 1352.237-71 SECURITY PROCESSING REQUIREMENTS-LOW RISK CONTRACTS. SECURITY PROCESSING REQUIREMENTS-LOW RISK CONTRACTS (APR 2010) (a) Investigative Requirements for Low Risk Contracts. All contractor (and subcontractor) personnel proposed to be employed under a Low Risk contract shall undergo security processing by the Department's Office of Security before being eligible to work on the premises of any Department of Commerce owned, leased, or controlled facility in the United States or overseas, or to obtain access to a Department of Commerce IT system. All Department of Commerce security processing pertinent to this contract will be conducted at no cost to the contractor. (b) Investigative requirements for Non-IT Service Contracts are: (1) Contracts more than 180 days - National Agency Check and Inquiries (NACI) (2) Contracts less than 180 days - Special Agency Check (SAC) (c) Investigative requirements for IT Service Contracts are: (1) Contracts more than 180 days - National Agency Check and Inquiries (NACI) (2) Contracts less than 180 days - National Agency Check and Inquiries (NACI) (d) In addition to the investigations noted above, non-U.S. citizens must have a background check that includes an Immigration and Customs Enforcement agency check. (e) Additional Requirements for Foreign Nationals (Non-U.S. Citizens). Non-U.S. citizens (lawful permanent residents) to be employed under this contract within the United States must have: (1) Official legal status in the United States; (2) Continuously resided in the United States for the last two years; and (3) Obtained advance approval from the servicing Security Officer in consultation with the Office of Security headquarters. (f) DOC Security Processing Requirements for Low Risk Non-IT Service Contracts. Processing requirements for Low Risk non-IT Service Contracts are as follows: (1) Processing of a NACI is required for all contract employees employed in Low Risk non-IT service contracts for more than 180 days. The Contracting Officer's Representative (COR) will invite the prospective contractor into e-QIP to complete the SF-85. The contract employee must also complete fingerprinting. (2) Contract employees employed in Low Risk non-IT service contracts for less than 180 days require processing of Form OFI-86C Special Agreement Check (SAC), to be processed. The Sponsor will forward a completed Form OFI-86C, FD-258, Fingerprint Chart, and Credit Release Authorization to the servicing Security Officer, who will send the investigative packet to the Office of Personnel Management for processing. (3) Any contract employee with a favorable SAC who remains on the contract over 180 days will be required to have a NACI conducted to continue working on the job site. (4) For Low Risk non-IT service contracts, the scope of the SAC will include checks of the Security/Suitability Investigations Index (SII), other agency files (INVA), Defense Clearance Investigations Index (DCII), FBI Fingerprint (FBIF), and the FBI Information Management Division (FBIN). (5) In addition, for those individuals who are not U.S. citizens (lawful permanent residents), the Sponsor may request a Customs Enforcement SAC on Form OFI-86C, by checking Block #7, Item I. In Block 13, the Sponsor should enter the employee's Alien Registration Receipt Card number to aid in verification. (6) Copies of the appropriate forms can be obtained from the Sponsor or the Office of Security. Upon receipt of the required forms, the Sponsor will forward the forms to the servicing Security Officer. The Security Officer will process the forms and advise the Sponsor and the Contracting Officer whether the contract employee can commence work prior to completion of the suitability determination based on the type of work and risk to the facility (i.e., adequate controls and restrictions are in place). The Sponsor will notify the contractor of favorable or unfavorable findings of the suitability determinations. The Contracting Officer will notify the contractor of an approved contract start date. (g) Security Processing Requirements for Low Risk IT Service Contracts. Processing of a NACI is required for all contract employees employed under Low Risk IT service contracts. (1) Contract employees employed in all Low Risk IT service contracts will require a National Agency Check and Inquiries (NACI) to be processed. The Contracting Officer's Representative (COR) will invite the prospective contractor into e-QIP to complete the SF-85. Fingerprints and a Credit Release Authorization must be completed within three working days from start of work, and provided to the Servicing Security Officer, who will forward the investigative package to OPM. (2) For Low Risk IT service contracts, individuals who are not U.S. citizens (lawful permanent residents) must undergo a NACI that includes an agency check conducted by the Immigration and Customs Enforcement Service. The Sponsor must request the ICE check as a part of the NAC. (h) Notification of Disqualifying Information. If the Office of Security receives disqualifying information on a contract employee, the Sponsor and Contracting Officer will be notified. The Sponsor shall coordinate with the Contracting Officer for the immediate removal of the employee from duty requiring access to Departmental facilities or IT systems. Contract employees may be barred from working on the premises of a facility for any of the following reasons: (1) Conviction of a felony crime of violence or of a misdemeanor involving moral turpitude. (2) Falsification of information entered on security screening forms or of other documents submitted to the Department. (3) Improper conduct once performing on the contract, including criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct or other conduct prejudicial to the Government regardless of whether the conduct was directly related to the contract. (4) Any behavior judged to pose a potential threat to Departmental information systems, personnel, property, or other assets. (i) Failure to comply with security processing requirements may result in termination of the contract or removal of contract employees from Department of Commerce facilities or denial of access to IT systems. (j) Access to National Security Information. Compliance with these requirements shall not be construed as providing a contract employee clearance to have access to national security information. (k) The contractor shall include the substance of this clause, including this paragraph, in all subcontracts. (End of clause) (XIV) Defense Priorities and Allocations System (DPAS) and assigned rating does not apply. (XV) Quotes are required to be received in the contracting office no later than 4:00 P.M. MDT on June 11, 2013. All quotes must be faxed or emailed (preferred) to the attention of Suzanne Garrett. The fax number is 303- 497-3163 and email address is Suzanne.garrett@noaa.gov. (XVI) Any questions regarding this solicitation should be directed to Suzanne Garrett's email address of Suzanne.garrett@noaa.gov. STATEMENT OF WORK - NAAJL160-13-00207 EMPLOYEE ASSISTANCE PROGRAM FOR BOULDER LABS, BOULDER, COLORADO I. The Contractor shall furnish the necessary professional practitioners, support personnel, material, and services to perform the following work and are required once a week for approximately 5-6 hours from 9AM to 3PM. The counselor will use an empty office in the back of the Health Unit for these services. The vendor must be able available for emergency consultation and help outside of these time periods if needed with a 2 hour or sooner response time. The current contractor is the University of Colorado, Psychology Department since 1985. A. Statement of Work 1. Background Within 42 USC Section 4541 (PL 91-616, Dec. 31, 1970) and 21 USC Section 1101 (Public Law 92-255, March 21, 1972) Congress has specifically recognized the need for appropriate prevention, treatment, and rehabilitation programs and services for alcohol abuse, alcoholism, and drug abuse among Federal civilian employees. Under 5 USC Sections 7361 and 7362 agencies are encouraged to extend, to the extent feasible, rehabilitation services and programs to family members who are drug abusers and/or alcoholics. 5 USC Section 7901 further allows that, "The head of each agency of the Government of the United States may establish, within the limits of appropriations available, a health service program to promote and maintain the physical and mental fitness of employees under his jurisdiction." To meet these and other applicable statutory requirements, the Department of Commerce (DOC) through its Office of Human Resources Management, has directed the establishment of employee assistance programs (EAPs) within all of its subordinate agencies. 2. General The Employee Health Unit located in Boulder Colorado has the responsibility to establish and maintain an employee assistance program for the approximate 1100 employees located in this geographic region. 3. Purpose The purpose of this contract is to acquire the services of a qualified organization/institution and/or qualified professional practitioners, hereinafter referred to as the contractor, to provide 1) clinical counseling and other life management assistance to DOC employees, their immediate family members, and anyone living within an employee's household who has an impact on the employee's well-being; 2) employee outreach and education programs; 3) counseling and training for managers and supervisors; and 4) an annual report which document the extent to which the required services were performed. 4. Employee Population and Location There are approximately 1100 employees located in and around the Boulder area who are eligible for EAP service at the Broadway site. Office space will be provided within the Employee Health Service located at 325 Broadway, Boulder Colorado. 5. Responsibilities of Key Agency Personnel Providing effective EAP services will be dependent on a close working relationship between the contractor and key personnel from participating agencies. These key personnel and their responsibilities are as follows. EAP Administrator The EAP Administrator will coordinate the implementation and on-going operation of the overall program, provide liaison between the contractor and the participating agencies, and report on the contractor's performance. PERFORMANCE BASED QUALITY ASSURANCE SURVEILLANCE PLAN 1. PURPOSE This Quality Assurance Surveillance Plan (QASP) is a Government developed and applied document used to ensure that systematic quality assurance methods are used in the administration of the Performance Based Service Contract (PBSC) standards included in this Purchase Order. The intent is to ensure that the Contractor performs in accordance with performance metrics set forth in the contract documents, that the Government receives the quality of services called for in the contract and that the Government only pays for the acceptable level of services received. 2. AUTHORITY Authority for issuance of this QASP is provided under Contract Section E - Inspection and Acceptance, which provides for inspections and acceptance of the articles, services, and documentation called for in Purchase Order to be accomplished by the Contracting Officer or his duly authorized representative. 3. Statement of Work The Contractor, and not the Government, is responsible for management and quality control actions necessary to meet the quality standards set forth by the Purchase Order. The QASP is put in place to provide Government surveillance oversight of the Contractor's performance to assure performance is timely, effective and delivering the results specified in the Purchase Order. 4. GOVERNMENT RESOURCES The following definitions for Government resources are applicable to this plan: Contracting Officer (CO) - [Reference Section G, Clause G.1 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (April 2010)], A person duly appointed with the authority to enter into, administer, or terminate contracts and make related determinations and findings on behalf of the Government. Contracting Officer's Representative (COR) - [Reference Section G, Clause G.2 1352.201-71 CONTRACTING OFFICER'S REPRESENTATIVE (COR) April 2010)] An individual designated in writing by the Contracting Officer to act as his authorized representative to assist in administering a contract. The source and authority for a Contracting Officer's Technical Representative (COR) is the Contracting Officer. COR limitations are contained in the written letter of designation. 5. RESPONSIBILITIES The Government resources shall have responsibilities for the implementation of this QASP as follows: Contracting Officer - The Contracting Officer [as defined in Section G, Clause G.1 1 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (April 2010)] ensures performance of all necessary actions for effective contracting, ensures compliance with the terms of the contract and safeguards the interests of the United States in the contractual relationship. It is the Contracting Officer that assures the Contractor receives impartial, fair, and equitable treatment under the contract. The Contracting Officer is ultimately responsible for the final determination of the adequacy of the Contractor's performance. COR - The COR [as defined in Section G, Clause G.2 1352.201-71 CONTRACTING OFFICER'S REPRESENTATIVE (COR) April 2010)] is responsible for technical administration of the project and assures proper Government surveillance of the Contractor's performance. Any changes that the Contractor deems may affect contract, price, terms, or conditions shall be referred to the Contracting Officer for action. While the COR may serve as a direct conduit to provide Government guidance and feedback to the Contractor on technical matters, he or she is not empowered to make any contractual commitments or to authorize any contractual changes on the Government's behalf. Any changes that the Contractor deems may affect contract, price, terms, or conditions shall be referred to the Contracting Officer for action. 6. METHODS OF QA SURVEILLANCE The below listed methods of surveillance shall be used in the administration of this QASP. In addition to specific instructions that may be mentioned, the appropriate and standardized form that is to be used for documentation of QA surveillance is the Quality Assurance Monitoring Form. 100% Inspection - This level of inspection shall be accomplished by monitoring and documentation. Periodic Inspection - Periodic inspections shall be conducted if and when specified in the Purchase Order. Random Monitoring - Random monitoring shall be conducted at the discretion of the Government. Even though the Government, through its COR, will be monitoring the contractor's performance on a continuing basis, the volume of tasks performed by the contractor makes technical inspections of every task and step impractical. Accordingly, the Government will use a quality-assurance review process to monitor the contractor's performance under this contract. The contractor's performance will be evaluated at the end of the Purchase Order period of performance, contract period or if there is an unsatisfactory report submitted by the COR for any performance problem on the contract. Ratings will be made in two categories. Satisfactory: Level of performance that in the aggregate meets the Performance Standard; Deficiencies are minor and offset by outstanding elements of performance within the Standard; Unsatisfactory: Level of performance that in the aggregate fails to meet the Performance Standard; Deficiencies are pervasive; In general, the work will be evaluated in terms of how well the requirements of the purchase order are satisfied, the extent to which the work performed follows the approach found in the Statement of Work, quality of work, clarity of documentation, timely completion of scheduled tasks, cost control and business relations. At the discretion of the COR or the Contracting Officer or Specialist, other government officials approved by the Contracting Officer or Purchasing Agent may be asked to evaluate a particular deliverable or set of deliverables. 7. ANALYSIS OF SURVEILLANCE RESULTS When appropriate, the CO may investigate an event further to determine if all the facts and circumstances surrounding the event were considered in the COR opinions outlined on the forms. The CO will immediately discuss every element receiving a substandard rating with the Contractor to assure that corrective action is promptly initiated. At the end of every contract period, the COR will prepare a written report for the CO summarizing the overall results of his/her surveillance of the Contractor's performance during the previous period. This report will become part of the formal QA documentation. This documentation will be used for the contractor's yearly performance report documenting quality, timeliness of performance, cost control, business relations and customer satisfaction. If the level of performance is deemed to be unsatisfactory, the remedies at 52.246-4(e) will be assessed against the Contractor. Deliverables: The COR will, in addition to providing documentation to the Contracting Officer, maintain a complete Quality Assurance file. The file will contain copies of all reports, evaluations, recommendations, and any actions related to the Government's performance of the quality assurance function, including the originals of all Quality Assurance Monitoring Forms. All such records will be retained for the life of this contract. The COR shall forward these records to the Contracting Officer at termination or completion of the contract. &emsp; QUALITY ASSURANCE MONITORING FORM Contract Number: ___________________ Purchase Order Number: Project Name: ____________________ Deliverable Performance Standard Acceptable Quality Level Monitoring Method(s) CONTRACT DEDUCTION 7.0 Deliverables 7.1 Monthly Progress Report prepared and submitted with invoice Narrative reports are submitted monthly with the invoice and accurately describe work performed during the billing period. Submitted accurately and complete 95% of the time 100% COR evaluation Contractual Remedies FAR 52.246-4€ 7.2 Specific Requirements Performance objectives are identified in the purchase orders. NARRATIVE OF PERFORMANCE DURING SURVEY PERIOD: The Contractor will complete monthly progress report indicating number of clients seen (following HIPPA law), reason for client visit, and the date of the client visit, and monthly invoice by the last day of each month. The Contractor will take all clients records offsite to an office site that follows HIPPA regulations on storage of confidential records after each visit with clients. ________________________________________________________________________________________________________________________________________________________________________________________________________________ PREPARED BY: ______________________________ ____________________ SIGNATURE DATE CONTRACTING OFFICER REPRESENTATIVE: ______________________________ ____________________ PRINTED NAME DATE ______________________________ ____________________ SIGNATURE DATE B. Statement of Work The contractor is responsible for establishing and conducting an employee assistance program through the performance of various functions which include conducting employee education and outreach activities; training key agency personnel; consulting with managers, supervisors, and key agency personnel on an ongoing basis; providing diagnostic evaluation, short-term counseling, and referral to outside practitioners and programs monitoring and following up on management/supervisory referrals; maintaining and delivering required records and reports; and providing optional services as described below. 1. Employee Education and Outreach This function shall entail the routine development of outreach strategies to inform employees of available EAP services; distribution of publicity materials/information through the printed media and the Internet; and the provision of training via electronic media and on-site instruction. a. The contractor shall adhere to the following guidelines when developing publicity and training materials. 1) All materials and presentations shall be non-sexist and nondiscriminatory in content and tone. 2) Publicity materials shall be developed with intent to continuously motivate and inform employees and their families of the beneficial services of EAP. 3) Special emphasis shall be given to the use, abuse, and addictiveness of alcohol and illegal and illicit drugs. 4) Education and outreach shall reflect a sensitivity to the stigma associated with the admission of health or personal problems and every effort shall be made to diminish that stigma. b. The contractor shall provide qualified trainers, their necessary travel costs, and all materials needed to provide on-going training to managers, supervisors, key agency personnel, and all covered employees. 1) The training will cover diverse, work-related topics in such broad areas as employee development, life and health management, family relationships, work place interrelationships, communication, and effective supervision. 2) Individual training sessions will be a minimum of 2 hours but no more than 8 hours in length. 3) The number of employees attending will vary but will not normally exceed 50 per session. 2. On-Going Consultation The contractor shall provide on-going consultation and advice to managers, supervisors, key agency personnel, and community resource personnel for the purpose of facilitating identification, referral, treatment, and follow-up for problem employees. a. The contractor is responsible for advising managers and supervisors on how to effectively identify, intervene, and determine when to refer to EAP employees with job performance or conduct problems. As part of this responsibility the contractor will also 1) provide advice concerning client confidentiality requirements and 2) respond to requests for information to the extent allowed by Federal confidentiality and privacy requirements. b. Throughout a problem employee's treatment program and as allowed by Federal confidentiality and privacy requirements, the contractor shall be available to discuss rehabilitative efforts and their relationship to job performance and/or conduct. 3. Evaluation, Counseling, and Referral Services The contractor shall provide evaluation, counseling, and referral services to the covered employees, their immediate family members, and anyone living within an employee's household who has an impact on the employee's well-being. a. The contractor will offer person-to-person counseling to all members of the covered population who request assistance or are referred to EAP. The counseling shall be short-term in nature and shall focus on diagnostic evaluation, problem resolution, and, when appropriate, referral to community resources which can provide skillful management of the problem presented. No more than six diagnostic sessions of one hour each shall be made available to covered participants for each distinct problem presented. b. The contractor shall use a wide variety of community resources which offer treatment and rehabilitative assistance as long as the staff of those resources meets the qualifications requirements identified within this contract. Every attempt will be made to match a client with a clinician specializing in the treatment of the client's specified problem. The contractor shall be responsible for screening all utilized resources and maintaining current records regarding the services and qualifications of the staff of those resources. The contractor shall select community resources that qualify for third party reimbursement. EAP counselors will: 1) Interview the employee/participant and obtain information necessary to determine the nature and extent of the problem, whether job-related or personal. If necessary, the counselor shall also refer the participant for further medical evaluation, diagnostic work-up, and/or such health or psychiatric/psychological treatment as will permit appropriate case management. 2) Collect and record pertinent information about participants with their knowledge. Such information shall be kept confidential and shall be used solely by the professionals providing EAP services. Disclosure or release of the information shall not be allowed to occur except as permitted by the regulations governing client confidentiality (HIPPA Law). 3) Discuss appropriate rehabilitative assistance with the participant following professional assessment of the problem. This discussion may include but not be limited to: a) Suggesting the use of appropriate diagnostic tests. b) Including family members in further evaluation and/or the rehabilitation program. c) Involving the participant's personal physician, as necessary, to ascertain the existence of additional medical aspects of the problem. 4) Advise participants who agree to take advantage of an appropriate rehabilitative program, of the availability of community treatment resources and any entitlement provisions of the participant's health insurance plan. 5) Advise participants that the decision to accept assistance is voluntary. 6) Assist in making arrangements for utilizing available rehabilitative resources and provide encouragement for continued participation in the treatment program. 7) Document the case file if an employee drops out of a treatment program. 8) Provide advice to an employee's supervisor who, during the course of a voluntary referral case, contacts the EAP counselor to discuss the same employee's deteriorating or unacceptable conduct. In such a case the counselor shall adhere to confidentiality requirements and give no indication of the employee's previous self-referral. Further, the employee may then be contacted, as necessary, and advised of the potential need to sign consent for purpose of releasing information to the supervisor. The consent form is provided by the EAP Counselor. 9) The contractor shall provide his/her own professional Liability Insurance. This will not be provided by the government, but by the vendor. 10) The contractor shall obtain the consent of the Contracting Officer prior to making key personnel substitutions. Replacements for key personnel must possess qualification equal to or exceeding the qualifications of the personnel being replaces, unless an exception is approved by the Contracting Officer. Requests for changes in key personnel shall be submitted to the Contracting Officer at least 15 working days prior to making any permanent substitutions. The request should contain a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. The Contracting Officer will notify the contractor within 10 working days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes. CONTRACTOR MANAGEMENT The contractor shall provide and designate an individual as the key contact point through which communication and coordination shall be made between the Government and the contractor and between the contractor and its personnel. Monitoring and Follow-up on Supervisory/Management Referrals 1) The contractor shall monitor and follow up on all EAP referrals and obtain written authorization from employees as needed to keep the referring supervisor informed of employee participation in the program. To accomplish this, the contractor will: a. Maintain ongoing contact with 1) the community treatment program to which the employee is referred and 2) with the employee regarding treatment and job adjustment. b. Within the constraints of confidentiality and consent, keep the referring management officials apprised of the employee's progress in treatment. c. Assist, when possible, in an employee's job adjustment and reentry to the workplace. 2. Required Records and Reports a.The contractor shall maintain a sufficient system of records to provide all data and reports necessary for effective evaluation and management of the EAP. The system of records shall also be designed to inform managers of the effectiveness of the EAP in responding to supervisory referrals and employee self-referrals. b.The contractor's system of records shall comply with applicable laws and regulations pertaining to alcohol and drug prevention, treatment, and rehabilitation; the Privacy Act of 1974 (Public Law 93-579 HIPPA); and confidentiality of medical counseling records. The contractor shall be subject to the penalties imposed by such laws and regulations for improper disclosure. c. For every participant who is referred for assistance, the contractor shall maintain a complete case file. All case files are to be maintained in accordance with the confidentiality requirements of Public Law 93-282 and its implementing regulations in 42 CFR, Chapter 1, Subch. A, Part 2, and the requirements of Public Law 93-579 otherwise known as the Privacy Act or HIPPA. Case files and other EAP records shall be retained by the contractor for a period of three years. d. All records of the EAP are under the jurisdiction of the EAP Administrator. In the event of expiration or termination of this contract, the contractor shall ensure that all records established under the terms of this contract are sealed, secured, and shipped according to the Administrator's instructions and at the expense of the contractor. e. When required by the Office of Personnel Management and requested by the EAP Administrator the contractor shall provide an annual report of EAP activity over the period of the Government's fiscal year which ends on September 30. The report shall contain both a narrative summary and statistical information pertaining to the services provided under this contract during the fiscal year specified. The contractor shall also provide a monthly invoice of client visits in arrears, due by the 30th of each month along with the monthly Progress Report. These reports are to be given to Supervisor of the Boulder Health Unit and the COR. No HIPPA information shall be put on the invoice or progress report. The physical address for these reports to be sent to is: Bonnie Hammel RN Employee Health Services Dept. of Commerce, MC 44 325 Broadway Boulder CO. 80305. 3. Optional Services The Government may, at its discretion, request the contractor to provide "optional" services in addition to the basic requirements already stipulated. These services are priced at the same hourly rate as agreed upon for the counseling hourly rate and may be exercised at anytime throughout the contract performance period. The EAP Counselor shall provide one training seminar every 6 months for the Boulder Lab employees on a subject relating to psychology that lasts 1-2 hours. The content of the training seminar must be reviewed and approved by the COR prior to the training seminar On-Site Counseling for Tragedies Throughout the term of the contract, the agency may require the contractor to conduct special group and/or individual on-site counseling sessions based on severe tragic occurrences, e.g. suicides, accidental deaths, etc. The contractor shall be required to plan, develop and conduct group counseling sessions not exceeding two (2) hours in length. The sessions will address the area of the identified tragedy and shall be designed to assist employees in dealing with the resulting emotional problem(s). EMERGENCIES The contractor shall be available and able to respond in a two hour time frame to the Boulder Lab Site for any mental health emergency, (suicide, and patient danger to himself or others). CONTRACTOR QUALIFICATIONS All professional practitioners and other personnel serving under this contract shall be employees or assignees of the contractor. The contractor is responsible for the validation of each employee's or assignee's qualifications to perform the services described herein. Minimum qualifications for the contractor's program director and counselors are as follows. a. The Program Director shall possess at a minimum: 1) A master's degree 2) Experience working as a mental health professional to include: a) Three years experience as a clinician/therapist and/or clinical supervisor, and b) Three years experience working with alcohol and other drug-related cases. c) If a clinical or counseling psychologist or other mental health professional, the Director shall be trained at the master's level and licensed as a psychologist. d) If a psychiatrist, the Director shall be board certified in the applicable specialty and belong to the American Psychiatric Association. b. EAP Counselors shall possess as a minimum: 1) A master's degree 2) Post Doctorates are acceptable with experience working on Ph.D. with a minimum of 1 year experience. 3) Professional license as a clinical social worker or counseling/clinical psychologist. 4) Three or more years of clinical experience in working with a wide range of mental health problems or cases. 10. EAP Accessibility EAP services must be readily available, prompt, accessible to the disabled, and responsive to the needs of all covered participants. Physical Security and Safety The contractor shall be responsible for safeguarding all Government property provided for contractor use, including identification badges, keys, and card keys. The Government shall furnish all keys and access codes (PINs) required for satisfactory accomplishment of tasks the statement of work. Keys issued to contractor personnel shall not be duplicated and each individual contract employee shall be responsible for keeping his or her access codes confidential and not reveal them to anyone. Contractors shall comply with the Department of Commerce personal identity verification procedures (http://www.osec.doc.gov/osy/HSPD-12/HSPD-12Information.html). Contractor staff shall report loss of an identification badge or key immediately to the contractor program manager and the COR. All keys lost by the contractor will be replaced by the Government or, at the COR's discretion, existing locks will be replaced and the direct cost of replacement shall be charged to the contractor. Contractor shall ensure all its personnel review the Campus Emergency Plans found at https://inside.boulder.doc.gov/emerg/emerg.html. Contractor shall comply with all Government policies and directives regarding workplace safety. Contractor staff shall complete "the NOAA Safety and Environmental Awareness Course" online at http://www.seco.noaa.gov/HTML/Training/training_Index.htm within ten (10) calendar days of having access to a computer when starting work with NOAA-Boulder or upon the updated course's availability. Contractor staff are encouraged to attend on-site, all-hands physical security and safety training sessions sponsored by the Government. Contractor shall obtain pre-employment security checks for contractor staff, and after a favorable pre-employment check has been obtained, submit a request to the COR to initiate an appropriate Government security check within 3 working days of the start of work based upon the assigned risk level for that position. The Certification and Accreditation (C&A) requirements of Clause 48 CFR 1352.239-72 do not apply, and a Security Accreditation Package is not required.
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Place of Performance: Address: NOAA, 325 BROADWAY, BOULDER, Colorado, 80305, United States; Zip Code: 80305
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R -- NON-PERSONAL SERVICES EMPLOYEE ASSISTANCE PROGRAM FOR COUNSELING SERVICES OF NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA) EMPLOYEE HEALTH SERVICES IN BOULDER, CO