FBODaily.com | FedBizOpps: PRESOL | U | Doctor of Science in Physical Therapy (DScPT) Affiliation Services - Combined Synopsis/Solicitation

FBO DAILY - FEDBIZOPPS ISSUE OF AUGUST 24, 2017 FBO #5753
SOLICITATION NOTICE

U -- Doctor of Science in Physical Therapy (DScPT) Affiliation Services - Combined Synopsis/Solicitation

Notice Date: 8/22/2017
Notice Type: Combined Synopsis/Solicitation
NAICS: 611310 — Colleges, Universities, and Professional Schools
Contracting Office: Department of the Army, U.S. Army Medical Command, Center for Health Care Contracting, ATTN: MCAA C BLDG 4197, 2107 17TH Street, Fort Sam Houston, Texas, 78234-5015
ZIP Code: 78234-5015
Solicitation Number: W81K04-17-T-0018
Archive Date: 10/3/2017
Point of Contact: Miranda N. Buntyn, Phone: 2102214226, Yesenia C. Rodriguez, Phone: 2102214179
E-Mail Address: miranda.n.buntyn.civ@mail.mil, yesenia.c.rodriguez2.civ@mail.mil
(miranda.n.buntyn.civ@mail.mil, yesenia.c.rodriguez2.civ@mail.mil)
Small Business Set-Aside: N/A
Description: Combined Synopsis/Solicitation Combined Synopsis/Solicitation IAW FAR Subpart 12.6 Doctor of Science in Physical Therapy (DScPT) Affiliation Services in Support of the U.S. Army Medical Command This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The solicitation number is W81K04-17-T-0018 and is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95 and Defense Federal Acquisition Regulation Supplement Publication Notice 20161222. The North American Industrial Classification System (NAICS) is 611310, Colleges, Universities, and Professional Schools. The small business size standard is $27,500,000.00. This procurement is Full and Open Competition. DESCRIPTION OF REQUIREMENT: The U.S. Army Medical Department Center and School (AMEDDC&S), Health Readiness Contracting Office (HRCO), requires non-severable, non-personal services of an accredited university to support the Doctor of Science in Physical Therapy (DScPT) Program and award the DScPT degree to Department of Defense (DoD) students who successfully complete the DScPT curriculum. The purpose of the DScPT program is to provide quality training for providing Physical Therapy to patients with a wide variety of illnesses and injuries in the medical treatment facilities and on the field of battle. To meet this need, the (HRCO) intends to award an Indefinite Delivery, Indefinite Quantity (IDIQ) contract for the services of qualified personnel competent in the management of technical, educational, and administrative aspects of hosting an off-site doctoral program. The Government shall not exercise any supervision or control over the contract service providers (CSPs) performing the services. Such CSPs shall be accountable solely to the contractor who, in turn is responsible to the government. The contractor shall provide services, materials, and administrative personnel necessary to award graduate credits and the degree for Doctor of Science in Physical Therapy. The DScPT Program, resulting in a Degree of Doctor of Science in Physical Therapy is approximately 63 semester hours in length and is taught by Government personnel under the supervision of the Government's DScPT Program Director, at BAMC, Fort Sam Houston Texas. The total length of the degree program is 18 months and is composed of four semesters with didactics, clinical and research curricula in each semester. It is anticipated that the resultant contract will have a five year ordering period from 27 September 2017 - 26 September 2022 and will include FAR Clause 52.217-8, Option to Extend Services. Telephone or written requests for the solicitation will not be accepted. Responses must be submitted though electronic mail and must be received by the Government prior to the closing date and time included in the solicitation. The points of contact for this requirement are Miranda N. Buntyn, Contract Specialist, phone (210) 221-4226, fax (210) 221-5402, email: miranda.n.buntyn.civ@mail.mil and Yesenia C. Rodriguez, Contracting Officer, phone (210) 221-4179, fax (210) 221-5402, email yesenia.c.rodriguez2.civ@mail.mil. Please direct any questions to the contract specialist and the contracting officer for this action QUESTIONS CONCERNING THE SOLICITATION: Interested quoters shall submit any questions concerning this solicitation no later than 12:00 PM Central Time on Monday, August 28, 2017 for the Government's consideration. Those questions not received within the prescribed date may not be considered. All questions must be submitted in writing to the following e-mail addresses: yesenia.c.rodriguez2.civ@mail.mil and miranda.n.buntyn.civ@mail.mil. SOLICITATION RESPONSES: Quotes shall be fully executed and returned by the time specified below. Electronic submission via e-mail is required. Only emailed quotes received directly from the quoter are acceptable. Quotes shall be submitted by email to Yesenia C. Rodriguez, Contracting Officer at yesenia.c.rodriguez2.civ@mail.mil and Miranda N. Buntyn, Contract Specialist at miranda.n.buntyn.civ@mail.mil no later than 12:00 PM Central Time on Monday, September 18, 2017. All quotes received after this due date and time may be considered late in accordance with FAR 52.212-1(f). Contract Line Items Numbers (CLINs): CLIN Description Unit of Issue Qty Line Item Cost Total Amount 0001 DScPT POST AWARD CONFERENCE Each 1 $ $ FFP The contractor shall attend a post award conference convened by the contracting activity or contract administration office in accordance with PWS Paragraph 1.9. IDIQ Contract Ordering Period: 27 September 2017 through 26 September 2022 Date of Post Award Conference: 09 October 2017 FOB: Destination 0002 DScPT CURRICULUM REVIEW AND CLASS PREP Each 1 $ $ FFP The contractor shall provide full registration for all students upon receipt of notification of selection by the Program Director. Registration will occur online. Review and accept the curriculum and educational objectives forwarded by the Government, will be provided to the contractor who shall provide input/feedback, if any, to the government no later than 10 days after receipt of the curriculum and educational objectives. PWS Para 4.2.5 IDIQ Contract Ordering Period: 27 September 2017 through 26 September 2022 Curriculum Review Period of Performance: 10 October 2017 through 10 November 2017 FOB: Destination 0003 DScPT UNIVERSITY AFFILIATION FY18 CLASS Each 6 $ $ FFP The contractor shall provide non-personal, non-severable services, materials, and qualified personnel necessary to award graduate credits and the Doctor of Science in Occupational Therapy degree in accordance with the Performance Work Statement. Contracted services will begin in 2017 for the Class that will begin in 2018. IDIQ Contract Ordering Period: 27 September 2017 through 26 September 2022 Task Order Period of Performance: 10 October 2017 through 31 August 2019 FY18 Class Duration: 8 January 2018 to 31 July 2019 FOB: Destination 0004 DScPT UNIVERSITY AFFILIATION FY19 CLASS Each 6 $ $ FFP The contractor shall provide non-personal, non-severable services, materials, and qualified personnel necessary to award graduate credits and the Doctor of Science in Occupational Therapy degree in accordance with the Performance Work Statement. Contracted services will begin in 2018 for the Class that will begin in 2019. IDIQ Contract Ordering Period: 27 September 2017 through 26 September 2022 Task Order Period of Performance: 9 October 2018 through 31 August 2020 FY19 Class Duration: 7 January 2019 to 31 July 2020 FOB: Destination 0005 DScPT UNIVERSITY AFFILIATION FY20 CLASS Each 6 $ $ FFP The contractor shall provide non-personal, non-severable services, materials, and qualified personnel necessary to award graduate credits and the Doctor of Science in Occupational Therapy degree in accordance with the Performance Work Statement. Contracted services will begin in 2019 for the Class that will begin in 2020. IDIQ Contract Ordering Period: 27 September 2017 through 26 September 2022 Task Order Period of Performance: 9 October 2019 through 31 August 2021 FY20 Class Duration: 6 January 2020 to 30 July 2021 FOB: Destination 0006 DScPT UNIVERSITY AFFILIATION FY21 CLASS Each 6 $ $ FFP The contractor shall provide non-personal, non-severable services, materials, and qualified personnel necessary to award graduate credits and the Doctor of Science in Occupational Therapy degree in accordance with the Performance Work Statement. Contracted services will begin in 2020 for the Class that will begin in 2021. IDIQ Contract Ordering Period: 27 September 2017 through 26 September 2022 Task Order Period of Performance: 6 October 2020 through 31 August 2022 FY21 Class Duration: 4 January 2021 to 29 July 2022 FOB: Destination 0007 DScPT UNIVERSITY AFFILIATION FY22 CLASS Each 6 $ $ FFP The contractor shall provide non-personal, non-severable services, materials, and qualified personnel necessary to award graduate credits and the Doctor of Science in Occupational Therapy degree in accordance with the Performance Work Statement. Contracted services will begin in 2021 for the Class that will begin in 2022. IDIQ Contract Ordering Period: 27 September 2017 through 26 September 2022 Task Order Period of Performance: 8 October 2021 through 31 August 2023 FY22 Class Duration: 3 January 2022 to 31 July 2023 FOB: Destination 0008 CONTRACT MANPOWER REPORTING Each 7 $ $ FFP The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via a secure data collection site in accordance with the Performance Work Statement. IDIQ Contract Ordering Period: 27 September 2017 through 26 September 2022 Reporting Period #1: 27 September 2017 through 30 September 2017 Report #1 Due: NLT 31 October 2017 Reporting Period #2: 01 October 2017 through 30 September 2018 Report #2 Due: NLT 31 October 2018 Reporting Period #3: 01 October 2018 through 30 September 2019 Report #3 Due: NLT 31 October 2019 Reporting Period #4: 01 October 2019 through 30 September 2020 Report #4 Due: NLT 31 October 2020 Reporting Period #5: 01 October 2020 through 30 September 2021 Report #5 Due: NLT 31 October 2021 Reporting Period #6: 01 October 2021 through 30 September 2022 Report #6 Due: NLT 31 October 2022 Reporting Period #7: 01 October 2022 through 30 September 2023 Report #7 Due: NLT 31 October 2023 FOB: Destination The provision at FAR 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition. See this FAR provision and the ADDENDUM TO FAR 52.212-1 for requirements regarding preparation of quotes included in this solicitation below. The provision at FAR 52.212-2, Evaluation -- Commercial Items is applicable to this requirement. See this FAR provision and the ADDENDUM TO FAR 52.212-2 for evaluation criteria and procedures to be used included in this solicitation below. All quoters shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, with its quote. See this FAR provision included in this solicitation below. The clause at FAR 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition. See this FAR clause and the ADDENDUM TO 52.212-4 included below. The clause at FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition. See this FAR clause below and all additional FAR clauses cited within this clause that are applicable to the acquisition included in this solicitation below. Additional contract requirements and terms and conditions determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices have been included in the solicitation below. The Defense Priorities and Allocations System (DPAS) is not applicable to this requirement. ADDITIONAL CONTRACT REQUIREMENTS AND TERMS AND CONDITIONS FOR THIS ACQUISITION: The following information is additional contract requirements and terms and conditions determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices. This information to include the clauses incorporated by reference and full text will be included in the resultant contract. Solicitation provisions apply only to the solicitation and will not be included in the resultant contract. ORDERING PERIOD 27 September 2017 to 26 September 2022 MINIMUM/MAXIMUM ORDERING The minimum guaranteed amount is $1,500.00 and the maximum amount is 30 students and applies to the full duration of the contract. SCHEDULE ORDERING Orders may be placed by any warranted contracting officer serving in the Health Readiness Contracting Office (HRCO) or a Department of Defense (DoD) Contracting Office which has been delegated Ordering Authority by a HRCO contracting officer. CLAUSES INCORPORATED BY REFERENCE 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 ADDENDUM TO 52.212-4 Paragraph 52.212-4(c) is replaced by: Changes in the terms and conditions of this contract may be made only by written agreement of the parties. However, any administrative changes such as change of the finance office, typographical or grammatical errors, deobligation of excess funds necessary for task order and contract closeout, and the option to extend the term of the contract, may be changed unilaterally by the Government provided that such exercise is in accordance with the terms and conditions of the contract. Paragraph 52.212-4(w) is hereby added: (v) The non-FAR Part 12 discretionary FAR, DFARS, AFARS, and LOCAL clauses included herein are incorporated into this contract either by reference or in full text. If incorporated by reference, see clause 52.252-2 herein for locations where full text can be found. (End of Clause) CLAUSES INCORPORATED BY REFERENCE 52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government (Sep 2006) -- Alternate I OCT 1995 52.203-12 Limitation On Payments To Influence Certain Federal Transactions OCT 2010 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights APR 2014 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011 52.204-7 System for Award Management OCT 2016 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment OCT 2015 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns OCT 2014 52.219-8 Utilization of Small Business Concerns NOV 2016 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-41 Service Contract Labor Standards MAY 2014 52.222-43 Fair Labor Standards Act And Service Contract Labor Standards - Price Adjustment (Multiple Year And Option Contracts) MAY 2014 52.222-50 Combating Trafficking in Persons MAR 2015 52.222-54 Employment Eligibility Verification OCT 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving AUG 2011 52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.224-3 Privacy Training JAN 2017 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-18 Availability Of Funds APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award Management JUL 2013 APR 1984 52.232-37 Multiple Payment Arrangements MAY 1999 52.232-39 Subcontractors Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business DEC 2013 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-3 Continuity Of Services JAN 1991 52.242-13 Bankruptcy Continuity Of Services JUL 1995 52.242-15 Stop-Work Order Bankruptcy AUG 1989 52.242-17 Government Delay Of Work Stop-Work Order APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General DEC 2012 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism OCT 2015 APR 1992 252.225-7012 Preference For Certain Domestic Commodities DEC 2016 252.225-7048 Export-Controlled Items Preference For Certain Domestic Commodities JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports JUN 2012 252.232-7006 Wide Area WorkFlow Payment Instructions MAY 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 CLAUSES INCORPORATED BY FULL TEXT 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015) (a) Definitions. As used in this clause-- Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). Subsidiary means an entity in which more than 50 percent of the entity is owned-- (1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. (b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause. (c) Exceptions to this prohibition are located at 9.108-2. (d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event. (End of clause) 52.216-19 ORDER LIMITATIONS. (OCT 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,500 (insert dollar figure or quantity), the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor: (1) Any order for a single item in excess of 2 (2) Any order for a combination of items in excess of 30; or (3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above. (d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 15 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of clause) 52.216-22 INDEFINITE QUANTITY. (OCT 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum". (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 31 October 2023; and 31 October 2024 if FAR Clause 52.217-8 is exercised. (End of clause) CLAUSES INCORPORATED BY FULL TEXT 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days before the contract expires. (End of clause) CLAUSES INCORPORATED BY FULL TEXT 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013) (a) Definitions. As used in this clause-- Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority. Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity. (b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following: (1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract. (2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract. (3) For long-term contracts-- (i) Within 60 to 120 days prior to the end of the fifth year of the contract; and (ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter. (c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards. (d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees. (e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update. (f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause. (g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed: The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 611310- assigned to contract number TBD. (Contractor to sign and date and insert authorized signer's name and title). (End of clause) 52.222-17 Nondisplacement of Qualified Workers (MAY 2014) (a) Service employee, as used in this clause, means any person engaged in the performance of a service contract other than any person employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541. The term ``service employee'' includes all such persons regardless of any contractual relationship that may be alleged to exist between a contractor or subcontractor and such persons. (b) The Contractor and its subcontractors shall, except as otherwise provided herein, in good faith offer those service employees employed under the predecessor contract whose employment will be terminated as a result of award of this contract or the expiration of the contract under which the service employees were hired, a right of first refusal of employment under this contract in positions for which the service employees are qualified. (1) The Contractor and its subcontractors shall determine the number of service employees necessary for efficient performance of this contract and may elect to employ fewer employees than the predecessor Contractor employed in connection with performance of the work. (2) Except as provided in paragraph (c) of this clause, there shall be no employment opening under this contract, and the Contractor and any subcontractors shall not offer employment under this contract, to any person prior to having complied fully with this obligation. (i) The successor Contractor and its subcontractors shall make a bona fide express offer of employment to each service employee as provided herein and shall state the time within which the service employee must accept such offer, but in no case shall the period within which the service employee must accept the offer of employment be less than 10 days. (ii) The successor Contractor and its subcontractors shall decide any question concerning a service employee's qualifications based upon the individual's education and employment history, with particular emphasis on the employee's experience on the predecessor contract, and the Contractor may utilize employment screening processes only when such processes are provided for by the contracting agency, are conditions of the service contract, and are consistent with Executive Order 13495. (iii) Where the successor Contractor does not initially offer employment to all the predecessor contract service employees, the obligation to offer employment shall continue for 90 days after the successor contractor's first date of performance on the contract. (iv) An offer of employment will be presumed to be bona fide even if it is not for a position similar to the one the employee previously held, but is one for which the employee is qualified, and even if it is subject to different employment terms and conditions, including changes to pay or benefits. (See 29 CFR 9.12 for a detailed description of a bonafide offer of employment). (c)(1) Notwithstanding the obligation under paragraph (b) of this clause, the successor Contractor and any subcontractors (i) may employ under this contract any service employee who has worked for the contractor or subcontractor for at least three months immediately preceding the commencement of this contract and who would otherwise face lay-off or discharge, (ii) are not required to offer a right of first refusal to any service employee(s) of the predecessor contractor who are not service employees within the meaning of the Service Contract Labor Standards statute, 41 U.S.C. 6701(3), and (iii) are not required to offer a right of first refusal to any service employee(s) of the predecessor contractor whom the Contractor or any of its subcontractors reasonably believes, based on the particular service employee's past performance, has failed to perform suitably on the job (see 29 CFR 9.12(c)(4) for additional information). The successor Contractor bears the responsibility of demonstrating the appropriateness of claiming any of these exceptions. (2) In addition, any Contractor or subcontractor that has been certified by the U.S. Small Business Administration as a HUBZone small business concern must ensure that it complies with the statutory and regulatory requirements of the HUBZone Program (e.g., it must ensure that at least 35 percent of all of its employees reside within a HUBZone). The HUBZone small business Contractor or subcontractor must consider whether it can meet the requirements of this clause and Executive Order 13495 while also ensuring it meets the HUBZone Program's requirements. (3) Nothing in this clause shall be construed to permit a Contractor or subcontractor to fail to comply with any provision of any other Executive order or law. For example, the requirements of the HUBZone Program (see FAR subpart 19.13), Executive Order 11246 (Equal Employment Opportunity), and the Vietnam Era Veterans' Readjustment Assistance Act of 1974 may conflict, in certain circumstances, with the requirements of Executive Order 13495. All applicable laws and Executive orders must be satisfied in tandem with, and if necessary prior to, the requirements of Executive Order 13495, 29 CFR part 9, and this clause. (d)(1) The Contractor shall, not less than 30 days before completion of the Contractor's performance of services on the contract, furnish the Contracting Officer with a certified list of the names of all service employees working under this contract and its subcontracts at the time the list is submitted. The list shall also contain anniversary dates of employment of each service employee under this contract and its predecessor contracts with either the current or predecessor contractors or their subcontractors. Where changes to the workforce are made after the submission of the certified list described in this paragraph, the Contractor shall, in accordance with paragraph (e) of this clause, not less than 10 days before completion of the services on this contract, furnish the Contracting Officer with an updated certified list of the names of all service employees employed within the last month of contract performance. The updated list shall also contain anniversary dates of employment, and, where applicable, dates of separation of each service employee under the contract and its predecessor contracts with either the current or predecessor Contractors or their subcontractors. (2) Immediately upon receipt of the certified service employee list but not before contract award, the contracting officer shall provide the certified service employee list to the successor contractor, and, if requested, to employees of the predecessor contractor or subcontractors or their authorized representatives. (3) The Contracting Officer will direct the predecessor Contractor to provide written notice (Appendix B to 29 CFR chapter 9) to service employees of their possible right to an offer of employment with the successor contractor. Where a significant portion of the predecessor Contractor's workforce is not fluent in English, the notice shall be provided in English and the language(s) with which service employees are more familiar. The written notice shall be- (i) Posted in a conspicuous place at the worksite; or (ii) Delivered to the service employees individually. If such delivery is via email, the notification must result in an electronic delivery receipt or some other reliable confirmation that the intended recipient received the notice. (e)(1) If required in accordance with 52.222-41(n), the predecessor Contractor shall, not less than 10 days before completion of this contract, furnish the Contracting Officer a certified list of the names of all service employees working under this contract and its subcontracts during the last month of contract performance. The list shall also contain anniversary dates of employment of each service employee under this contract and its predecessor contracts either with the current or predecessor Contractors or their subcontractors. If there are no changes to the workforce before the predecessor contract is completed, then the predecessor Contractor is not required to submit a revised list 10 days prior to completion of performance and the requirements of 52.222-41(n) are met. When there are changes to the workforce after submission of the 30-day list, the predecessor Contractor shall submit a revised certified list not less than 10 days prior to performance completion. (2) Immediately upon receipt of the certified service employee list but not before contract award, the contracting officer shall provide the certified service employee list to the successor contractor, and, if requested, to employees of the predecessor contractor or subcontractors or their authorized representatives. (f) The Contractor and subcontractor shall maintain the following records (regardless of format, e.g., paper or electronic) of its compliance with this clause for not less than a period of three years from the date the records were created. (1) Copies of any written offers of employment or a contemporaneous written record of any oral offers of employment, including the date, location, and attendance roster of any service employee meeting(s) at which the offers were extended, a summary of each meeting, a copy of any written notice that may have been distributed, and the names of the service employees from the predecessor contract to whom an offer was made. (2) A copy of any record that forms the basis for any exemption claimed under this part. (3) A copy of the service employee list provided to or received from the contracting agency. (4) An entry on the pay records of the amount of any retroactive payment of wages or compensation under the supervision of the Administrator of the Wage and Hour Division to each service employee, the period covered by such payment, and the date of payment, and a copy of any receipt form provided by or authorized by the Wage and Hour Division. The Contractor shall also deliver a copy of the receipt to the service employee and file the original, as evidence of payment by the Contractor and receipt by the service employee, with the Administrator or an authorized representative within 10 days after payment is made. (g) Disputes concerning the requirements of this clause shall not be subject to the general disputes clause (52.233-1) of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR part 9. Disputes within the meaning of this clause include disputes between or among any of the following: The Contractor, the contracting agency, the U.S. Department of Labor, and the service employees under the contract or its predecessor contract. The Contracting Officer will refer any service employee who wishes to file a complaint, or ask questions concerning this contract clause, to the: Branch of Government Contracts Enforcement, Wage and Hour Division, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210. Contact email: displaced@dol.gov. (h) The Contractor shall cooperate in any review or investigation by the Department of Labor into possible violations of the provisions of this clause and shall make such records requested by such official(s) available for inspection, copying, or transcription upon request. (i) If it is determined, pursuant to regulations issued by the Secretary of Labor (Secretary), that the Contractor or its subcontractors are not in compliance with the requirements of this clause or any regulation or order of the Secretary, appropriate sanctions may be imposed and remedies invoked against the Contractor or its subcontractors, as provided in Executive Order 13495, the regulations, and relevant orders of the Secretary, or as otherwise provided by law. (j) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance. However, if the Contractor, as a result of such direction, becomes involved in litigation with a subcontractor, or is threatened with such involvement, the Contractor may request that the United States, through the Secretary, enter into such litigation to protect the interests of the United States. (k) The Contracting Officer will withhold, or cause to be withheld, from the prime Contractor under this or any other Government contract with the same prime Contractor, such sums as an authorized official of the Department of Labor requests, upon a determination by the Administrator, the Administrative Law Judge, or the Administrative Review Board, that there has been a failure to comply with the terms of this clause and that wages lost as a result of the violations are due to service employees or that other monetary relief is appropriate. If the Contracting Officer or the Administrator, upon final order of the Secretary, finds that the Contractor has failed to provide a list of the names of service employees working under the contract, the Contracting Officer may, in his or her discretion, or upon request by the Administrator, take such action as may be necessary to cause the suspension of the payment of contract funds until such time as the list is provided to the Contracting Officer. (l) Subcontracts. In every subcontract over the simplified acquisition threshold entered into in order to perform services under this contract, the Contractor shall include a provision that ensures- (1) That each subcontractor will honor the requirements of paragraphs (b) through (c) of this clause with respect to the service employees of a predecessor subcontractor or subcontractors working under this contract, as well as of a predecessor Contractor and its subcontractors; (2) That the subcontractor will provide the Contractor with the information about the service employees of the subcontractor needed by the Contractor to comply with paragraphs (d) and (e) of this clause; and (3) The recordkeeping requirements of paragraph (f) of this clause. 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) (a) During the term of this contract, the Contractor shall post an employee notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR 471.2(d) and (f). (1) Physical posting of the employee notice shall be in conspicuous places in and about the Contractor's plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract. (2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice electronically by displaying prominently, on any Web site that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor's Web site that contains the full text of the poster. The link to the Department's Web site, as referenced in (b)(3) of this section, must read, ``Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers.'' (b) This required employee notice, printed by the Department of Labor, may be-- (1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance Programs; (2) Provided by the Federal contracting agency if requested; (3) Downloaded from the Office of Labor-Management Standards Web site at http://www.dol.gov/olms/regs/compliance/EO13496.htm; or (4) Reproduced and used as exact duplicate copies of the Department of Labor's official poster. (c) The required text of the employee notice referred to in this clause is located at Appendix A, Subpart A, 29 CFR Part 471. (d) The Contractor shall comply with all provisions of the employee notice and related rules, regulations, and orders of the Secretary of Labor. (e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with 29 CFR 471.14 and subpart 9.4. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471, which implements Executive Order 13496 or as otherwise provided by law. (f) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (f), in every subcontract that exceeds $10,000 and will be performed wholly or partially in the United States, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor. (2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this clause. (3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance. (4) However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States. (End of clause) 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014) In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION Army Fringe Benefit Rate = 40% Employee Class General Schedule Monetary Wage Fringe Benefits Equivalent Clerks GS-4 $ 15.94 $ 22.32 (End of clause) 52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015) (a) Definitions. As used in this clause-- ``United States'' means the 50 states and the District of Columbia. ``Worker''-- (1) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 13658, and -- (i) Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C. chapter 8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV); (ii) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541; (iii) Regardless of the contractual relationship alleged to exist between the individual and the employer. (2) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c). (3) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship. (b) Executive Order minimum wage rate. (1) The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $10.10 per hour beginning January 1, 2015. (2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2016, and annually thereafter, to meet the applicable annual E.O. minimum wage. The Administrator of the Department of Labor's Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on www.wdol.gov (or any successor Web site), and a general notice on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, that will provide information on the E.O. minimum wage and how to obtain annual updates. The applicable published E.O. minimum wage is incorporated by reference into this contract. (3)(i) The Contractor may request a price adjustment only after the effective date of the new annual E.O. minimum wage determination. Prices will be adjusted only for increased labor costs (including subcontractor labor costs) as a result of an increase in the annual E.O. minimum wage, and for associated labor costs (including those for subcontractors). Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers' compensation insurance, but will not otherwise include any amount for general and administrative costs, overhead, or profit. (ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2). Contractors shall consider any subcontractor requests for such price adjustment. (iii) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provideduplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute. (4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause. (5) A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period. Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued. (6) The Contractor shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback. The Contractor may make deductions that reduce a worker's wages below the E.O. minimum wage rate only if done in accordance with 29 CFR 10.23, Deductions. (7) The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof. (8) Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance establishing a minimum wage higher than the E.O. minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart. (9) The Contractor shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate. (10) The Contractor shall follow the policies and procedures in 29 CFR 10.24(b) and 10.28 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips. (c)(1) This clause applies to workers as defined in paragraph (a). As provided in that definition-- (i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the worker; (ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c) are covered; and (iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship, are covered. (2) This clause does not apply to-- (i) Fair Labor Standards Act (FLSA)-covered individuals performing in connection with contracts covered by the E.O., i.e. those individuals who perform duties necessary to the performance of the contract, but who are not directly engaged in performing the specific work called for by the contract, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such contracts; (ii) Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C. 213(a) and 214(a) and (b), unless otherwise covered by the Service Contract Labor Standards statute, or the Wage Rate Requirements (Construction) statute. These individuals include but are not limited to-- (A) Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(a). (B) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(b). (C) Those employed in a bona fide executive, administrative, or professional capacity (29 U.S.C. 213(a)(1) and 29 CFR part 541). (d) Notice. The Contractor shall notify all workers performing work on, or in connection with, this contract of the applicable E.O. minimum wage rate under this clause. With respect to workers covered by the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, the Contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers whose wages are governed by the FLSA, the Contractor shall post notice, utilizing the poster provided by the Administrator, which can be obtained at www.dol.gov/whd/govcontracts, in a prominent and accessible place at the worksite. Contractors that customarily post notices to workers electronically may post the notice electronically provided the electronic posting is displayed prominently on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment. (e) Payroll Records. (1) The Contractor shall make and maintain records, for three years after completion of the work, containing the following information for each worker: (i) Name, address, and social security number; (ii) The worker's occupation(s) or classification(s); (iii) The rate or rates of wages paid; (iv) The number of daily and weekly hours worked by each worker; (v) Any deductions made; and (vi) Total wages paid. (2) The Contractor shall make records pursuant to paragraph (e)(1) of this clause available for inspection and transcription by authorized representatives of the Administrator. The Contractor shall also make such records available upon request of the Contracting Officer. (3) The Contractor shall make a copy of the contract available, as applicable, for inspection or transcription by authorized representatives of the Administrator. (4) Failure to comply with this paragraph (e) shall be a violation of 29 CFR 10.26 and this contract. Upon direction of the Administrator or upon the Contracting Officer's own action, payment shall be withheld until such time as the noncompliance is corrected. (5) Nothing in this clause limits or otherwise modifies the Contractor's payroll and recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the Fair Labor Standards Act, or any other applicable law. (f) Access. The Contractor shall permit authorized representatives of the Administrator to conduct investigations, including interviewing workers at the worksite during normal working hours. (g) Withholding. The Contracting Officer, upon his or her own action or upon written request of the Administrator, will withhold funds or cause funds to be withheld, from the Contractor under this or any other Federal contract with the same Contractor, sufficient to pay workers the full amount of wages required by this clause. (h) Disputes. Department of Labor has set forth in 29 CFR 10.51, Disputes concerning contractor compliance, the procedures for resolving disputes concerning a contractor's compliance with Department of Labor regulations at 29 CFR part 10. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. These disputes include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the Department of Labor, or the workers or their representatives. (i) Antiretaliation. The Contractor shall not discharge or in any other manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to compliance with the E.O. or this clause, or has testified or is about to testify in any such proceeding. (j) Subcontractor compliance. The Contractor is responsible for subcontractor compliance with the requirements of this clause and may be held liable for unpaid wages due subcontractor workers. (k) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (k) in all subcontracts, regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United States. (End of clause) 52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2017) (a) Definitions. As used in this clause (in accordance with 29 CFR 13.2)-- Child, domestic partner, and domestic violence have the meaning given in 29 CFR 13.2. Employee--(1)(i) Means any person engaged in performing work on or in connection with a contract covered by Executive Order (E.O.) 13706; and (A) Whose wages under such contract are governed by the Service Contract Labor Standards statute (41 U.S.C. chapter 67), the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV), or the Fair Labor Standards Act (29 U.S.C. chapter 8); (B) Including employees who qualify for an exemption from the Fair Labor Standards Act's minimum wage and overtime provisions; (C) Regardless of the contractual relationship alleged to exist between the individual and the employer; and (ii) Includes any person performing work on or in connection with the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship. (2)(i) An employee performs ``on'' a contract if the employee directly performs the specific services called for by the contract; and (ii) An employee performs ``in connection with'' a contract if the employee's work activities are necessary to the performance of a contract but are not the specific services called for by the contract. Individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship has the meaning given in 29 CFR 13.2. Multiemployer plan means a plan to which more than one employer is required to contribute and which is maintained pursuant to one or more collective bargaining agreements between one or more employee organizations and more than one employer. Paid sick leave means compensated absence from employment that is required by E.O. 13706 and 29 CFR part 13. Parent, sexual assault, spouse, and stalking have the meaning given in 29 CFR 13.2. United States means the 50 States and the District of Columbia. (b) Executive Order 13706. (1) This contract is subject to E.O. 13706 and the regulations issued by the Secretary of Labor in 29 CFR part 13 pursuant to the E.O. (2) If this contract is not performed wholly within the United States, this clause only applies with respect to that part of the contract that is performed within the United States. (c) Paid sick leave. The Contractor shall-- (1) ) Permit each employee engaged in performing work on or in connection with this contract to earn not less than 1 hour of paid sick leave for every 30 hours worked; (2) Allow accrual and use of paid sick leave as required by E.O. 13706 and 29 CFR part 13; (3) Comply with the accrual, use, and other requirements set forth in 29 CFR 13.5 and 13.6, which are incorporated by reference in this contract; (4) Provide paid sick leave to all employees when due free and clear andwithout subsequent deduction (except as otherwise provided by 29 CFR 13.24), rebate, or kickback on any account; (5) Provide pay and benefits for paid sick leave used no later than one pay period following the end of the regular pay period in which the paid sick leave was taken; and (6) Be responsible for the compliance by any subcontractor with the requirements of E.O. 13706, 29 CFR part 13, and this clause. (d) Contractors may fulfill their obligations under E.O. 13706 and 29 CFR part 13 jointly with other contractors through a multiemployer plan, or may fulfill their obligations through an individual fund, plan, or program (see 29 CFR 13.8). (e) Withholding. The Contracting Officer will, upon his or her own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this or any other Federal contract with the same Contractor, so much of the accrued payments or advances as may be considered necessary to pay employees the full amount owed to compensate for any violation of the requirements of E.O. 13706, 29 CFR part 13, or this clause, including-- (1) Any pay and/or benefits denied or lost by reason of the violation; (2) Other actual monetary losses sustained as a direct result of the violation; and (3) Liquidated damages. (f) Payment suspension/contract termination/contractor debarment. (1) In the event of a failure to comply with E.O. 13706, 29 CFR part 13, or this clause, the contracting agency may, on its own action or after authorization or by direction of the Department of Labor and written notification to the Contractor take action to cause suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (2) Any failure to comply with the requirements of this clause may be grounds for termination for default or cause. (3) A breach of the contract clause may be grounds for debarment as a contractor and subcontractor as provided in 29 CFR 13.52. (g) The paid sick leave required by E.O. 13706, 29 CFR part 13, and this clause is in addition to the Contractor's obligations under the Service Contract Labor Standards statute and Wage Rate Requirements (Construction) statute, and the Contractor may not receive credit toward its prevailing wage or fringe benefit obligations under those Acts for any paid sick leave provided in satisfaction of the requirements of E.O. 13706 and 29 CFR part 13. (h) Nothing in E.O. 13706 or 29 CFR part 13 shall excuse noncompliance with or supersede any applicable Federal or State law, any applicable law or municipal ordinance, or a collective bargaining agreement requiring greater paid sick leave or leave rights than those established under E.O. 13706 and 29 CFR part 13. (i) Recordkeeping. (1) The Contractor shall make and maintain, for no less than three (3) years from the completion of the work on the contract, records containing the following information for each employee, which the Contractor shall make available upon request for inspection, copying, and transcription by authorized representatives of the Administrator of the Wage and Hour Division of the Department of Labor: (i) Name, address, and social security number of each employee. (ii) The employee's occupation(s) or classification(s). (iii) The rate or rates of wages paid (including all pay and benefits provided). (iv) The number of daily and weekly hours worked. (v) Any deductions made. (vi) The total wages paid (including all pay and benefits provided) each pay period. (vii) A copy of notifications to employees of the amount of paid sick leave the employee has accrued, as required under 29 CFR 13.5(a)(2). (viii) A copy of employees' requests to use paid sick leave, if in writing, or, if not in writing, any other records reflecting such employee requests. (ix) Dates and amounts of paid sick leave taken by employees (unless the Contractor's paid time off policy satisfies the requirements of E.O. 13706 and 29 CFR part 13 as described in 29 CFR 13.5(f)(5), leave shall be designated in records as paid sick leave pursuant to E.O. 13706). (x) A copy of any written responses to employees' requests to use paid sick leave, including explanations for any denials of such requests, as required under 29 CFR 13.5(d)(3). (xi) Any records reflecting the certification and documentation the Contractor may require an employee to provide under 29 CFR 13.5(e), including copies of any certification or documentation provided by an employee. (xii) Any other records showing any tracking of or calculations related to an employee's accrual or use of paid sick leave. (xiii) The relevant contract. (xiv) The regular pay and benefits provided to an employee for each use of paid sick leave. (xv) Any financial payment made for unused paid sick leave upon a separation from employment intended, pursuant to 29 CFR 13.5(b)(5), to relieve the Contractor from the obligation to reinstate such paid sick leave as otherwise required by 29 CFR 13.5(b)(4). (2)(i) If the Contractor wishes to distinguish between an employee's covered and noncovered work, the Contractor shall keep records or other proof reflecting such distinctions. Only if the Contractor adequately segregates the employee's time will time spent on noncovered work be excluded from hours worked counted toward the accrual of paid sick leave. Similarly, only if the Contractor adequately segregates the employee's time may the Contractor properly refuse an employee's request to use paid sick leave on the ground that the employee was scheduled to perform noncovered work during the time he or she asked to use paid sick leave. (ii) If the Contractor estimates covered hours worked by an employee who performs work in connection with contracts covered by the E.O. pursuant to 29 CFR 13.5(a)(1)(i) or (iii), the Contractor shall keep records or other proof of the verifiable information on which such estimates are reasonably based. Only if the Contractor relies on an estimate that is reasonable and based on verifiable information will an employee's time spent in connection with noncovered work be excluded from hours worked counted toward the accrual of paid sick leave. If the Contractor estimates the amount of time an employee spends performing in connection with contracts covered by the E.O., the Contractor shall permit the employee to use his or her paid sick leave during any work time for the Contractor. (3) In the event the Contractor is not obligated by the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, or the Fair Labor Standards Act to keep records of an employee's hours worked, such as because the employee is exempt from the Fair Labor Standards Act's minimum wage and overtime requirements, and the Contractor chooses to use the assumption permitted by 29 CFR 13.5(a)(1)(iii), the Contractor is excused from the requirement in paragraph (i)(1)(iv) of this clause and 29 CFR 13.25(a)(4) to keep records of the employee's number of daily and weekly hours worked. (4)(i) Records relating to medical histories or domestic violence, sexual assault, or stalking, created for purposes of E.O. 13706, whether of an employee or an employee's child, parent, spouse, domestic partner, or other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship, shall be maintained as confidential records in separate files/records from the usual personnel files. (ii) If the confidentiality requirements of the Genetic Information Nondiscrimination Act of 2008 (GINA), section 503 of the Rehabilitation Act of 1973, and/or the Americans with Disabilities Act (ADA) apply to records or documents created to comply with the recordkeeping requirements in this contract clause, the records and documents shall also be maintained in compliance with the confidentiality requirements of the GINA, section 503 of the Rehabilitation Act of 1973, and/or ADA as described in 29 CFR 1635.9, 41 CFR 60-741.23(d), and 29 CFR 1630.14(c)(1), respectively. (iii) The Contractor shall not disclose any documentation used to verify the need to use 3 or more consecutive days of paid sick leave for the purposes listed in 29 CFR 13.5(c)(1)(iv) (as described in 29 CFR 13.5(e)(1)(ii)) and shall maintain confidentiality about any domestic abuse, sexual assault, or stalking, unless the employee consents or when disclosure is required by law. (5) The Contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the worksite during normal working hours. (6) Nothing in this contract clause limits or otherwise modifies the Contractor's recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the Fair Labor Standards Act, the Family and Medical Leave Act, E.O. 13658, their respective implementing regulations, or any other applicable law. (j) Interference/discrimination. (1) The Contractor shall not in any manner interfere with an employee's accrual or use of paid sick leave as required by E.O. 13706 or 29 CFR part 13. Interference includes, but is not limited to-- (i) Miscalculating the amount of paid sick leave an employee has accrued; (ii) Denying or unreasonably delaying a response to a proper request to use paid sick leave; (iii) Discouraging an employee from using paid sick leave; (iv) Reducing an employee's accrued paid sick leave by more than the amount of such leave used; (v) Transferring an employee to work on contracts not covered by the E.O. to prevent the accrual or use of paid sick leave; (vi) Disclosing confidential information contained in certification or other documentation provided to verify the need to use paid sick leave; or (vii) Making the use of paid sick leave contingent on the employee's finding a replacement worker or the fulfillment of the Contractor's operational needs. (2) The Contractor shall not discharge or in any other manner discriminate against any employee for-- (i) Using, or attempting to use, paid sick leave as provided for under E.O. 13706 and 29 CFR part 13; (ii) Filing any complaint, initiating any proceeding, or otherwise asserting any right or claim under E.O. 13706 and 29 CFR part 13; (iii) Cooperating in any investigation or testifying in any proceeding under E.O. 13706 and 29 CFR part 13; or (iv) Informing any other person about his or her rights under E.O. 13706 and 29 CFR part 13. (k) Notice. The Contractor shall notify all employees performing work on or in connection with a contract covered by the E.O. of the paid sick leave requirements of E.O. 13706, 29 CFR part 13, and this clause by posting a notice provided by the Department of Labor in a prominent and accessible place at the worksite so it may be readily seen by employees. Contractors that customarily post notices to employees electronically may post the notice electronically, provided such electronic posting is displayed prominently on any Web site that is maintained by the Contractor, whether external or internal, and customarily used for notices to employees about terms and conditions of employment. (l) Disputes concerning labor standards. Disputes related to the application of E.O. 13706 to this contract shall not be subject to the general disputes clause of the contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR part 13. Disputes within the meaning of this contract clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the Department of Labor, or the employees or their representatives. (m) ) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (m), in all subcontracts, regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United States. (End of clause) 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) Funds are not presently available for performance under this contract beyond 30 September 2017. 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 30 September 2017, 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) 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/ (End of clause) 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any DoD FAR Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of clause) 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (OCT 2016) (a) Definitions. As used in this clause-- Adequate security means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information. Compromise means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred. Contractor attributional/proprietary information means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company. Controlled technical information means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions. Covered contractor information system means an unclassified information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information. Covered defense information means unclassified controlled technical information or other information, as described in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category-list.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is-- (1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or (2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract. Cyber incident means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein. Forensic analysis means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data. Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information. Malicious software means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware. Media means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system. Operationally critical support means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation. Rapidly report means within 72 hours of discovery of any cyber incident. Technical information means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data--Noncommercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code. (b) Adequate security. The Contractor shall provide adequate security on all covered contractor information systems. To provide adequate security, the Contractor shall implement, at a minimum, the following information security protections: (1) For covered contractor information systems that are part of an information technology (IT) service or system operated on behalf of the Government, the following security requirements apply: (i) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract. (ii) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract. (2) For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply: (i) Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be subject to the security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, ``Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations'' (available via the internet at http://dx.doi.org/10.6028/NIST.SP.800-171) in effect at the time the solicitation is issued or as authorized by the Contracting Officer. (ii)(A) The Contractor shall implement NIST SP 800-171, as soon aspractical, but not later than December 31, 2017. For all contracts awarded prior to October 1, 2017, the Contractor shall notify the DoD Chief Information Officer (CIO), via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award. (B) The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, for consideration by the DoD CIO. The Contractor need not implement any security requirement adjudicated by an authorized representative of the DoD CIO to be nonapplicable or to have an alternative, but equally effective, security measure that may be implemented in its place. (C) If the DoD CIO has previously adjudicated the contractor's requests indicating that a requirement is not applicable or that an alternative security measure is equally effective, a copy of that approval shall be provided to the Contracting Officer when requesting its recognition under this contract. (D) If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered defense information in performance of this contract, the Contractor shall require and ensure that the cloud service provider meets security requirements equivalent to those established by the Government for the Federal Risk and Authorization Management Program (FedRAMP) Moderate baseline (https://www.fedramp.gov/resources/documents/) and that the cloud service provider complies with requirements in paragraphs (c) through (g) of this clause for cyber incident reporting, malicious software, media preservation and protection, access to additional information and equipment necessary for forensic analysis, and cyber incident damage assessment. (3) Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraphs (b)(1) and (2) of this clause, may be required to provide adequate security in a dynamic environment or to accommodate special circumstances (e.g., medical devices) and any individual, isolated, or temporary deficiencies based on an assessed risk or vulnerability. These measures may be addressed in a system security plan. (c) Cyber incident reporting requirement. (1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor's ability to perform the requirements of the contract that are designated as operationally critical support and identified in the contract, the Contractor shall-- (i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor's network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor's ability to provide operationally critical support; and (ii) Rapidly report cyber incidents to DoD at http://dibnet.dod.mil. (2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at http://dibnet.dod.mil. (3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see http://iase.disa.mil/pki/eca/Pages/index.aspx. (d) Malicious software. When the Contractor or subcontractors discover and isolate malicious software in connection with a reported cyber incident, submit the malicious software to DoD Cyber Crime Center (DC3) in accordance with instructions provided by DC3 or the Contracting Officer. Do not send the malicious software to the Contracting Officer. (e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest. (f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a forensic analysis. (g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause. (h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released. (i) Use and release of contractor attributional/proprietary information not created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released outside of DoD-- (1) To entities with missions that may be affected by such information; (2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents; (3) To Government entities that conduct counterintelligence or law enforcement investigations; (4) For national security purposes, including cyber situational awareness and defense purposes (including with Defense Industrial Base (DIB) participants in the program at 32 CFR part 236); or (5) To a support services contractor (``recipient'') that is directly supporting Government activities under a contract that includes the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information. (j) Use and release of contractor attributional/proprietary information created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) is authorized to be used and released outside of DoD for purposes and activities authorized by paragraph (i) of this clause, and for any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy based restrictions on the Government's use and release of such information. (k) The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on the interception, monitoring, access, use, and disclosure of electronic communications and data. (l) Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this clause in no way abrogates the Contractor's responsibility for other safeguarding or cyber incident reporting pertaining to its unclassified information systems as required by other applicable clauses of this contract, or as a result of other applicable U.S. Government statutory or regulatory requirements. (m) Subcontracts. The Contractor shall-- (1) Include this clause, including this paragraph (m), in subcontracts, or similar contractual instruments, for operationally critical support, or for which subcontract performance will involve covered defense information, including subcontracts for commercial items, without alteration, except to identify the parties. The Contractor shall determine if the information required for subcontractor performance retains its identity as covered defense information and will require protection under this clause, and, if necessary, consult with the Contracting Officer; and (2) Require subcontractors to-- (i) Notify the prime Contractor (or next higher-tier subcontractor) when submitting a request to vary from a NIST SP 800-171 security requirement to the Contracting Officer, in accordance with paragraph (b)(2)(ii)(B) of this clause; and (ii) Provide the incident report number, automatically assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) as soon as practicable, when reporting a cyber incident to DoD as required in paragraph (c) of this clause. (End of clause) 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT (MAY 2016) (a) Definitions. As used in this clause-- Computer software means computer programs, source code, source code listings, object code listings, design details, algorithms, processes, flow charts, formulae, and related material that would enable the software to be reproduced, recreated, or recompiled. Computer software does not include computer data bases or computer software documentation. Litigation support means administrative, technical, or professional services provided in support of the Government during or in anticipation of litigation. Litigation support contractor means a contractor (including its experts, technical consultants, subcontractors, and suppliers) providing litigation support under a contract that contains the clause at 252.204-7014, Limitations on the Use or Disclosure of Information by Litigation Support Contractors. Sensitive information means controlled unclassified information of a commercial, financial, proprietary, or privileged nature. The term includes technical data and computer software, but does not include information that is lawfully, publicly available without restriction. Technical data means recorded information, regardless of the form or method of the recording, of a scientific or technical nature (including computer software documentation). The term does not include computer software or data incidental to contract administration, such as financial and/or management information. (b) Notice of authorized disclosures. Notwithstanding any other provision of this solicitation or contract, the Government may disclose to a litigation support contractor, for the sole purpose of litigation support activities, any information, including sensitive information, received- (1) Within or in connection with a quotation or offer; or (2) In the performance of or in connection with a contract. (c) Flowdown. Include the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for commercial items. (End of clause) 252.216-7006 ORDERING (MAY 2011) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from 27 September 2017 through 26 September 2022. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c)(1) If issued electronically, the order is considered ``issued'' when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor. (2) If mailed or transmitted by facsimile, a delivery order or task order is considered ``issued'' when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services. (3) Orders may be issued orally only if authorized in the schedule. (End of Clause) 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013) (a) The Contractor is not required to flow down the terms of any Defense Federal Acquisition Regulation Supplement (DFARS) clause in subcontracts for commercial items at any tier under this contract, unless so specified in the particular clause. (b) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligation. (c) The Contractor shall include the terms of this clause, including this paragraph (c), in subcontracts awarded under this contract, including subcontracts for the acquisition of commercial items. (End of clause) 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (APR 2014) (a) Definitions. As used in this clause -- "Components" means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor. "Department of Defense" (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies. "Foreign-flag vessel" means any vessel that is not a U.S.-flag vessel. "Ocean transportation" means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters. "Subcontractor" means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract. "Supplies" means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea. (i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination. (ii) "Supplies" includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items; construction materials; and components of the foregoing. "U.S.-flag vessel" means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States. (b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract. (2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if-- (i) This contract is a construction contract; or (ii) The supplies being transported are-- (A) Noncommercial items; or (B) Commercial items that-- (1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it contracts for f.o.b. destination shipment); (2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or (3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643. (c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that -- (1) U.S.-flag vessels are not available for timely shipment; (2) The freight charges are inordinately excessive or unreasonable; or (3) Freight charges are higher than charges to private persons for transportation of like goods. (d) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum -- (1) Type, weight, and cube of cargo; (2) Required shipping date; (3) Special handling and discharge requirements; (4) Loading and discharge points; (5) Name of shipper and consignee; (6) Prime contract number; and (7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose. (e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW., Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information: (1) Prime contract number; (2) Name of vessel; (3) Vessel flag of registry; (4) Date of loading; (5) Port of loading; (6) Port of final discharge; (7) Description of commodity; (8) Gross weight in pounds and cubic feet if available; (9) Total ocean freight in U.S. dollars; and (10) Name of the steamship company. (f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a representation that to the best of its knowledge and belief-- (1) No ocean transportation was used in the performance of this contract; (2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract; (3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all foreign-flag ocean transportation; or (4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format: ITEM CONTRACT QUANTITY DESCRIPTION LINE ITEMS ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ TOTAL_______________________________________________________________ (g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of foreign-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use. (h) In the award of subcontracts for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for commercial items, the Contractor shall flow down the requirements of this clause as follows: (1) The Contractor shall insert the substance of this clause, including this paragraph (h), in subcontracts that exceed the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation. (2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (h), in subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation. (End of clause) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (DEVIATION 2013-O0019) (JAN 2017) (a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (b) (1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). (x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xii) ___ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627). (xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) (xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67) (xv) 52.222-54, Employment Eligibility Verification (Oct 2015). (xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). (xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (b)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016). (xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) PERFORMANCE WORK STATEMENT PERFORMANCE WORK STATEMENT Doctor of Science in Physical Therapy (Orthopaedic Manual Physical Therapy and Sports Medicine-Physical Therapy) Programs Brooke Army Medical Center (BAMC) Medical Activity (MEDDAC) West point 1. GENERAL. The U.S. Army Orthopaedic Manual Physical Therapy Fellowship at Brooke Army Medical Center (BAMC) and the U. S. Military Sports Medicine-Physical Therapy Residency (hereafter referred to as the PROGRAMS) require non-personal services of an accredited university to award a Doctor of Science in Physical Therapy for select Army, Navy, Air Force, Public Health Service, and civilian physical therapists who are on staff at BAMC, Fort Sam Houston, Texas and the MEDDAC at West Point, New York. These are multiyear PROGRAMS for those already-credentialed physical therapists who are selected to attend and who successfully complete either course of instruction. 1.1. Background. The U.S. Army Orthopaedic Manual Physical Therapy Fellowship at BAMC and The U.S. Military Sports Medicine-Physical Therapy Residency prepare select physical therapists to evaluate and apply interventions for soldiers, sailors, airmen, marines, beneficiaries and others eligible for care in the Department of Defense health care facilities with neuromuscular skeletal problems. These professionals work in a variety of settings such as: hospitals and clinics (both fixed sites and field sites), public health, education, and research. 1.2. Scope of Work. The contractor shall provide all services, materials, and qualified personnel necessary to award graduate credits and the Doctor of Science in Physical Therapy (with an emphasis in either Orthopaedic Manual Physical Therapy (BAMC) or Sports Medicine-Physical Therapy (West Point) degree. 1.2.1. The Doctor of Science in Physical Therapy (Orthopaedic Manual Physical Therapy and Sports Medicine-Physical Therapy) Programs, referred to herein as "the Programs," are approximately 60 semester hours in length and are taught primarily by Government personnel under the supervision of the Government's PROGRAM Directors, at BAMC, Fort Sam Houston Texas, and the MEDDAC at West Point, New York. 1.2.2. The PROGRAMS consist of four semesters. All semesters include didactic, clinical, and research activities. 1.2.3. Total length of the PROGRAMS is 18 months. The clinical fellowship at BAMC is accredited by the American Physical Therapy Association and is performed under the supervision of the director and faculty, all of whom are fellows in the American Academy of Orthopaedic Manual Physical Therapy. The clinical residency at West Point is also accredited by the American Physical Therapy Association and is performed under the supervision of the director, who is also the chief of physical therapy services at the MEDDDAC at West Point. 1.2.4. The Government will enroll a minimum of 4 students and a maximum of 6 students per site/class of the PROGRAMS beginning 8 January 2018 (with new classes, subject to continuing requirement, starting 1 July 2010, 1 July 2011, 1 July 2012, 1 July 2013 and 1 July 2014). 1.2.5. Projected begin and end/completion dates for each class: Class Begin Date Completion Date Sports Medicine PT (West Point) 8 January 2018 14 June 2019 Orthopaedic Manual PT (BAMC) 7 January 2019 12 June 2020 Sports Medicine PT (West Point) 6 January 2020 18 June 2021 Orthopaedic Manual PT (BAMC) 11 January 2021 17 June 2022 Sports Medicine PT (West Point) 10 January 2022 16 June 2023 1.2.6. There will be an "under lap" of classes, and there will be six-month periods between classes at each site during which no students will be enrolled in the program. However, each site will start students at a different time of the year, and there will never be a time when students are not enrolled in one of the PROGRAMS. 1.3. Hours and Days of Operation: The contractor is responsible for providing administrative and educational support services between the hours of 8:00 a.m. through 5:00 p.m., Central Standard Time, Monday through Friday except federal holidays, when the contractor is closed, or when the government facility is closed due to emergencies, administrative closings, or similar government-directed closings. 1.3.1. Recognized Holidays New Year's Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Christmas Day 1.3.2. The number of academic credits granted for each course is listed in the Program Curriculum and content maps. The contractor, in conjunction with the Program Director, shall evaluate current student contact hours to determine equivalent semester hours within 15 calendar days of contract award. 1.4. Identification of Privacy Act. This contract requires the development of a system of records in accordance with the Privacy Act of 1974. 1.4.1. The contractor shall use appropriate administrative, technical, and physical safeguards to protect any and all government data. The contractor shall also ensure the confidentiality, integrity, and availability of government data in compliance with all applicable laws and regulations, including data breach reporting and response requirements, in accordance with DFARS Subpart 224.1 (Protection of Individual Privacy), which incorporates by reference Department of Defense Directive (DoDD) 5400.11, "DoD Privacy Program," October 29, 2014, and DoD 5400.11- R, "DoD Privacy Program," May 14, 2007. The contractor shall also comply with federal laws relating to freedom of information and records management. 1.5. Security Requirements. The accountability and decision-making responsibility for any information relevant to students enrolled in the PROGRAM rests with the government. Access to student information is password protected. Beyond the academic status information, the contractor has no access to any other sensitive information. As part of the requirement for affiliation services, it is stipulated that the contractor be prohibited from sharing any information pertaining to DScPT with any third party. 1.6. Safety Requirements: The contractor shall maintain safety and health standards compliant with requirements of the Occupational Safety and Health Administration (OSHA). 1.7. Quality Assurance. The Government will monitor the contractor's performance under this contract. The Government has the right to perform inspections and performance evaluation at any time. The Contracting Officer's Representative (COR) shall submit a quarterly surveillance schedule to the Contracting Officer (KO) no later than the 25th of the month following the quarter. If any aspect of the performance is not in conformance with the requirements of the contract, the Contracting Officer (KO) and COR will have the right to issue to the contractor a Contract Discrepancy Report (CDR). The contractor shall explain in writing why performance was not in conformance with the requirements of the contract, how performance will be returned to conformance, and how recurrence of the problem will be prevented in the future. The contractor shall complete and return the CDR to the COR within five workdays after receipt of the CDR. The contractor shall maintain copies of all inspection and evaluation reports. 1.8. POLICY FOR REPORTING INCIDENTS OF SEXUAL ASSAULT AND SEXUAL HARRASSMENT UNDER SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM (SHARP). 1.8.1. The contractor shall comply with OTSG/MEDCOM Policy Memo 16-033, Policy for Reporting Incidents of Sexual Assault and Sexual Harassment under the Sexual Assault Prevention and Response Program (SHARP), 12 Nov 13. The SHARP reporting requirements apply only to knowledge obtained by contractor personnel while performing services under this contract. 1.8.2. The contractor shall require all CSPs with knowledge of an incident of sexual assault occurring on a Government facility, to include a Government leased facility, where the contractor is providing services under this contract, to report the incident to the contractor who shall immediately (within 24 hours) report the incident in writing to the government's COR. This reporting policy also applies to sexual assault incidents involving MEDCOM personnel that occur on the contractor's owned or leased facility under this contract. All incidents shall be reported whether they involve contractor personnel or Government personnel, or other individuals, when the incidents occur on a Government facility or a Government leased facility. 1.8.3. The contractor shall require all CSPs with knowledge of an incident of sexual harassment occurring on a Government facility, to include a Government leased facility, where the contractor is providing services under this contract, to report the incident to the contractor who shall immediately (within 24 hours) report the incident in writing to the government's COR. This reporting policy also applies to sexual harassment incidents involving MEDCOM personnel that occur on the contractor's owned or leased facility under this contract. All incidents shall be reported whether they involve contractor personnel or Government personnel, or other individuals, when the incidents occur on a Government facility or a Government leased facility. 1.9. Post Award Conference. The contractor shall attend a post award conference convened by the contracting activity/contract administration office in accordance with Federal Acquisition Regulation 42.5. 2. DEFINITIONS/ACRONYMS: 2.1. Catalog. Any medium by which the contractor publicly announces terms and conditions for enrollment in the contractor's institution, including tuition and fees to be charged. This includes "bulletin", "announcement", or any similar word the contractor may use. 2.2. Contracting Officer. An individual with authority to enter into, administer, and /or terminate contracts and make related determinations and findings. This individual is the only person with authority to bind the Government. 2.3. Contracting Officer's Representative. An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract. 2.4. Course. A series of lectures or instructions, and lab periods, relating to one specific representation of subject matter. Usually, a student completes a course in one term and receives a certain number of semester hour's credit (or equivalent) upon successful completion. 2.5. Curriculum. A series of courses having a unified purpose and belonging to one major academic field, which usually include certain, required courses and elective courses within established criteria. A curriculum usually covers more than one term and leads to a degree or diploma upon successful completion. 2.6. Distributive Learning. A multi-media method of instructional delivery that includes a mix of Web-based instruction, video conferencing, face-to-face classroom time, distance learning through television or video, or other combinations of electronic and traditional educational models. 2.7. Fees. Those applicable charges directly related to enrollment in the contractor's institution. Unless specifically allowed in the request for service, fees shall not include any permit charges such as parking and vehicle registration or charges for service of a personal nature such as food, housing, or laundry. 2.8. Term. The period of time into which the contractor divides the academic year for purpose of instruction. This includes "semester", "trimester", "quarter", or any similar word that the contractor may use. 2.9. Tuition. The amount of money charged by an educational institution for instruction, including fees. 2.6. Acronyms. AMEDDC&S Army Medical Department Center & School APTA American Physical Therapy Association BAMC Brooke Army Medical Center CHEA Council for Higher Education Accreditation CDR Contract Discrepancy Report COR Contracting Officer's Representative DFARS Defense Federal Acquisition Regulation Supplement DoD Department of Defense DoDD Department of Defense Directive GPA Grade Point Average GRE Graduate Record Examination HRCoE Health Readiness Center of Excellence IACUC Institutional Animal Care and Use Committee IAW In Accordance With IRB Institutional Review Board KO Contracting Officer MHS Military Health System MTF Medical Treatment Facility NCE National Certification Examination OSHA Occupational Safety and Health Administration POI Program of Instruction USDoE U.S. Department of Education 3. GOVERNMENT RESPONSIBILITIES: The Government will provide overall governance and management of the entire Program. 3.1. The Government will provide at least three dedicated manual therapy faculty at the BAMC site; two full-time and one with some portion of their workdays dedicated to PROGRAMS activities; all will be certified as fellows in the American Academy of Orthopaedic and Manual Physical Therapy, and shall hold, as a minimum, doctoral degrees in physical therapy. 3.2. The Government will provide at least two dedicated sports medicine-physical therapy faculty at the MEDDAC West Point site, with some portion of their workdays dedicated to PROGRAM activities; all shall be certified Clinical Specialists by the American Board of Physical Therapy Specialties with at least one Sports Clinical Specialist. 3.3. The Government will make faculty nominations after the academic credentials and experiences of each prospective candidate have been screened by the contractor to determine the appropriate faculty criteria at the contractor's institution. Appointments shall be effective only during the tenure of the instructor as a member of the PROGRAM faculty or the duration of the PROGRAMS' affiliation agreement. 3.4. The Government will, by mutual agreement, add or delete curricular subject matter in accordance with BAMC/MEDDAC, West Point and the contractor's graduate curriculum process. 3.5. The Government will provide the faculty and staff with the physical training facility (including a dedicated classroom, administrative, and clinical exam space), curriculum, supplies and books for the PROGRAM students. 3.6. The Government will screen all applicants and accept students into the PROGRAMS. 3.7. The Government will ensure that the number of students enrolled are provided to the contractor prior to the start of each class. 3.8. The Government will ensure the PROGRAM Directors provide the contractor with the necessary admission credentials for each individual desiring enrollment in each of the PROGRAMS. 3.9. The Government will ensure admission credentials are provided 90 days prior to the start of the PROGRAMS, which consist of academic transcripts for all completed graduate and undergraduate work and the Graduate Record Examination (GRE) scores. 3.10. The Government will ensure that all PROGRAM students will have attained the following: 3.10.1. Master's Degree from a didactic program in physical therapy accredited or approved by the Commission on Accreditation of Physical Therapy Education (CAPTE). 3.10.2. Grade point average of 3.0 (total undergraduate and post-baccalaureate hours), a combined verbal and quantitative GRE score of at least 300. 3.11. The Government will ensure that at the end of each semester, the PROGRAM Director will compile student grades and forward them to the contractor. 3.12. The Government will provide the facilities and resources for student research. 3.13. The Government will review and approve, through official Military Institutional Review Board channels, all PROGRAM research protocols prior to data collection. 3.14. The Government will have the first right to publish PROGRAM research findings. 3.15. The program of instruction (POI) will be available to the contractor. The AMEDDC&S will provide the contractor with information relative to the PROGRAMS to be used in the formulation of its Graduate School catalog. 3.16. The Government will withdraw/dismiss students who are failing to maintain military or academic standards. 3.17. The Government will provide healthcare and assume liability for all PROGRAM military/government sponsored students. 3.18. U.S. Army Medical Command (MEDCOM) Unique Training. 3.18.1. Sexual Harassment/Assault Response and Prevention (SHARP). The contractor shall ensure all contractor service providers receive Sexual Harassment/Assault Response and Prevention (SHARP) training not later than 60 calendar days after the contractor locum tenens begin performance under this BPA. Training can be obtained either online or in person as offered at the installation where services are being provided. If the contractor locum tenens has an AKO account, they can access online the Team Bound Self Study course through Army Learning Management System (ALMS) at: http://www.atsc.army.mil/tadlp/delivery/alms.asp 4. CONTRACTOR-FURNISHED ITEMS AND SERVICES 4.1 Contractor Qualifications. 4.1.1. The contractor shall be fully accredited by one of the six regional accrediting associations recognized by the U.S. Department of Education (USDoE) and/or the Council for Higher Education Accreditation (CHEA). The contractor shall have a doctoral program in Nursing or the Health Sciences in place and demonstrate that it has the legal authority and necessary support structure to confer a doctoral degree. The contractor shall maintain its accreditation by the American Physical Therapy Association throughout the period of performance under the contract. Notice of accreditation updates shall be provided to the COR within 15 calendar days of change. Accreditation loss is basis for termination for default. 4.1.2. The contractor shall be classified as a Doctoral University with Highest Research Activity (R1) or as a Doctoral University with Higher Research Activity (R2) by the Carnegie Classification of Institutions of Higher Education. 4.2. Contractor Responsibilities. The contractor shall provide services and staff on the main campus to support the requirements of Program faculty and students located at the AMEDDC&S, HRCoE, Fort Sam Houston, and Phase 2 sites. The contractor shall provide qualified personnel competent to manage the technical, educational, and administrative aspects of hosting an off-site graduate program that is designed to award a DNP degree to DoD and VA affiliated students enrolled in the PROGRAM. These responsibilities include: 4.2.1 Providing all administrative and institution accrediting information 4.2.2 Providing on-line orientation to university and library services to Program faculty and students 4.2.3 Providing faculty appointment letters for Government faculty 4.2.4 Facilitating programmatic changes necessary to maintain accreditation as a doctoral program 4.2.5 The contractor shall provide full registration for all students upon receipt of notification of selection by the Program Director. Registration will occur online. Review and accept the curriculum and educational objectives forwarded by the Government, will be provided to the contractor who shall provide input/feedback, if any, to the government no later than 10 days after receipt of the curriculum and educational objectives. 4.2.6 Performing all administrative functions necessary to admit, enroll, process, and graduate students 4.2.7 Allowing student and faculty access to available research lab facilities to conduct Program research 4.3. The contractor must have an on-line Blackboard or comparable Learning Management System capable of supporting distance education curriculum and communication platform. The contractor shall provide full access to this system and technology assistance 24 hours a day, 7 days a week to Program faculty and students. The contractor must have SPSS software or equivalent statistical package, Graph Pad Prism, and a reference management system available for on line use by Program faculty and students. The contractor shall provide network access and a PROGRAM webpage highlighting the program-university partnership, program admission cycle and requirements, and general program facts. The contractor shall provide Program faculty and students access to video teleconferencing capabilities and equipment that allows for joint-faculty development and hybrid learning experiences among students on the main campus and off-site campus at Fort Sam Houston. The contractor must ensure full access to above systems capabilities to all Program faculty and students regardless of their location. 4.4. The contractor shall maintain the database of all information regarding student enrollment applications for the Program. Prospective students to the Program shall send GRE scores, transcripts, letters of recommendations and other required documents to the contractor. The contractor shall maintain the admission packets on all students until graduation. The PROGRAM Director and designated alternate (Deputy Program Director) shall be granted secure access to this on-line folder for the PROGRAM Admissions Faculty Board or when needed during the year. The on- line folder will be user name and password protected. 5. SPECIFIC TASKS. 5.1. The contractor shall maintain its accreditation by the American Physical Therapy Association throughout the period of performance under the contract. 5.2. The contractor shall demonstrate that the PROGRAMS have been approved by the appropriate institution's governing body, which is an independent policy-making body, capable of reflecting constituent and public interest within governance activities and decisions. 5.3. The contractor shall recognize the authority of the Government Program Director with responsibility for the overall conduct of the Program. 5.4. The contractor shall ensure that the Graduate Dean or Associate Deans make annual evaluation site visits to BAMC at Fort Sam Houston in San Antonio, Texas, and the MEDDAC at West Point, New York. The Dean will be available in San Antonio and West Point for the class opening/registration (1 day), graduation ceremonies (1 day), or any other official ceremonies mutually agreed upon in advance. There will be no more than a total of 2 site visits per year (10 total for 5 year contract). 5.5. The contractor shall ensure these site visits (at least 4 hours each in duration) shall be for the purpose of monitoring curriculum, lesson material, instructor performance, grading system, administrative procedures, and clinical mentorship performance. 5.6. The contractor shall ensure that the Graduate Dean provides at least two weeks advanced notice of the site visit to the Government directors of the PROGRAMS. No more than 2 visits per year (10 total for 5 year contract) are anticipated. 5.7. The contractor shall maintain administrative liaison by telephone and/or e-mail with the Program Director for the purpose of resolving issues relating to enrollment of each class. 5.8. The contractor shall assign a faculty member to each capstone/doctoral project committee. 5.9. The contractor shall ensure that the assigned faculty participates in the capstone/doctoral project defense and grades the project. Participation may be in person or by Video Televised Conference (VTC). 5.10. The contractor shall agree that if a grading disparity exists, the Government PROGRAM Director involved will appoint an additional faculty member to grade the work and the two most similar scores will be averaged to produce the final grade. 5.11. The contractor shall delegate grading authority to the Government PROGRAM Directors for courses taught by PROGRAMS' faculty. 5.12. The contractor shall award a letter grade for these courses to each student. Each student's official transcript will reflect the letter grade assigned by the faculty. 5.13. The contractor shall appoint up to 12 members of the Government's PROGRAMS faculty, nominated by the government, for professional status at the contractor's institution. 5.14. The contractor shall perform the following: 5.14.1. Delegate responsibility for the governance of the PROGRAMS to each Government PROGRAM Director. 5.14.2. Grant college graduate credit and the degree of Doctor of Science in Physical Therapy to students enrolled in either PROGRAM who: 5.14.2.1. Maintain an acceptable grade point average (3.0 on the 4.0 point scale) over the course of his/her respective PROGRAM. 5.14.2.2. Satisfactorily complete the capstone/doctoral project. 5.14.2.3. Pass the comprehensive capstone project/research oral board exam at each site, as well as a comprehensive clinical reasoning oral board exam at BAMC, for BAMC students. 5.15. The contractor shall grant all of the rights, privileges, and benefits to PROGRAM graduates that is afforded to contractor's graduates. 5.16. The contractor shall maintain an academic record for each student enrolled in the PROGRAMS and provide the student a copy of this record at the same interval as for students in attendance at the contractor's main campus. 5.17. The contractor shall not charge students for anything relating to performance under the contract. 5.18. Program faculty shall be afforded all the same rights, privileges, and benefits afforded the contactor's graduate faculty at the contractor's main campus upon award as long as the rights, privileges and benefits provide a benefit to the Government and do not contravene federal regulations governing standards of ethical conduct, to include Joint Ethics Regulation DoD 5500.7-R. Program faculty shall also be afforded the following rights, privileges and benefits to include: 5.18.1. Provide appropriate professional appointments to qualified faculty applicants. Appointment decisions will be made within 60 days of application. 5.18.2. Access to all research-related databases, reference management systems, on-line library, and other sources of information at the same level of access afforded to the faculty located at the contractor's main campus. These resources shall also be available to students enrolled in the Program. 5.18.3. Listing of Program faculty in the graduate catalog clearly indicating they are identified as belonging to AMEDDC&S, HRCoE, Fort Sam Houston, TX. 5.18.4. Attendance at faculty meetings and membership on appropriate graduate faculty committees 5.18.5. Faculty identification cards 5.18.6. Faculty parking passes as necessary 5.18.7. Faculty access to compete for contractor's graduate and teaching grants 5.18.8. Faculty access to the contractor's on-campus facilities 5.18.9. Notification of and admission to educational and faculty development offerings, relevant conferences on the main campus. 5.19. Deliverables: 5.19.1. The contractor shall submit reports of their visit within 14 calendar days after the visit. The report shall be submitted to the Commanding General, AMEDDC&S, 2250 Stanley Road, Fort Sam Houston, Texas 78234, with a copy to the COR. 5.19.2. The contractor shall provide access to all electronic policy and procedure manuals pertinent to the operation of the Program, including any updates to the Program Director. 5.19.3. Graduate School Catalog. The contractor shall submit within 10 working days a proof of those portions of the catalog pertaining to PROGRAM to the Program Director for approval prior to printing/publishing. The contractor shall provide the Program Director one electronic copy of its Graduate School catalog for student and faculty reference. 5.19.4. The contractor shall ensure the students' grades are available to the students at the end of each semester (Electronic and/or hard copy). The contractor shall document proof of degree conferment on the students' official transcripts so that degrees are conferred no later than 30 days after the PROGRAM graduation.. The contractor shall send graduating students' diplomas to the students' home addresses. 5.19.5. Sexual Assault Reporting. The contractor will immediately (within 24 hours) submit a written report of an incident of sexual assault to the COR. 5.19.6. Sexual Harassment Reporting. The contractor will immediately (within 24 hours) submit a written report of an incident of sexual harassment to the COR. 5.19.7. Contractor Manpower Reporting. The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the HRCO via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/. 5.19.7.1. Reporting inputs will be for the labor executed during the period of performance during each USG fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2017. Contractors may direct questions to the help desk at http://www.ecmra.mil/. 6. Applicable Publications. Following is a list of basic publications applicable to this PWS. The most current version of the publication applies. Current issues of Army publications and links to other service publications can be accessed at http://www.apd.army.mil/. Army publications not on the internet or MTF policies and procedures can be obtained from the COR. DoD publications can be found at www.defenselink.mil/pubs or www.dtic.mil/whs/directives. The Publications have been coded as advisory or mandatory. The Contractor is obligated to follow those coded as mandatory only to the extent that they apply to this contract. Supplements, amendments, or changes to these mandatory publications may be issued during the life of the contract. Advisory publications may be used for information and guidance but are not binding for compliance. 6.1. Advisory publications: 6.1.1. Army Regulation 600-20, Army Command Policy, 20 Sep 2012 6.2. Mandatory publications: 6.2.1. OTSG/MEDCOM Policy Memo 13-062, Policy for Reporting Incidents of Sexual Assault and Sexual Harassment under the Sexual Assault Prevention and Responses Program (SHARP), 12 Nov 2013 7. Exhibits/Attachments: Exhibit A - Performance Requirements Summary (PRS) Exhibit B - Service Contract Act (SCA) Wage Determination (WD) Exhibit C - iRAPT Instructions Exhibit D - Exclusion from Participation in Federal Health Care Programs Exhibit E - Tobacco Free Medical Campus (TFMC) Attachment - Quality Accuracy Surveillance Plan (QASP) EXHIBIT A - PRS PERFORMANCE REQUIREMENTS SUMMARY (PRS) DOCTOR OF SCIENCE IN PHYSICAL THERAPY (ORTHOPAEDIC AND MANUAL PHYSICAL THERAPY AND SPORTS MEDICINE-PHYSICAL THERAPY) PROGRAMS BROOKE ARMY MEDICAL CENTER (BAMC) MEDICAL ACTIVITY (MEDDAC) WEST POINT Performance Objective PWS Ref Acceptable Quality Level (AQL) Surveillance Method The contractor shall maintain University accreditation without lapse throughout the period of performance under this contract. 5.1 100%. Accreditation maintained without lapse. Formal documentation. COR reviews institution formal documentation to ensure compliance annually. The contractor shall delegate responsibility and management of program to the Program Manager. 5.3. and 5.14.1. 100%. Yields responsibility and management of program to the Program Manager. Formal documentation. Ongoing observation by COR. The contractor shall appointment up to 12 members of the program faculty for professional status at the contractor's institution. 5.13. 95%. All pre-selected, recommended faculty are appointed as university faculty. Formal documentation. COR confirms appointments semi- annually with institution. The contractor shall grant college graduate credit and the degree of Doctor of Science in Physical Therapy to students meeting all curricular requirements. 5.14.2 100% for students successfully completing current curriculum. Formal documentation. COR confirms graduate credit award quarterly and degree awards annually. The contractor shall maintain academic record for each student and provide copy of record at same interval as students at main campus 5.16. 100%. Accurate, current, confidential student academic records are maintained and issued. Formal documentation. COR confirms academic records accessible following each semester. The contractor shall ensure that the same rights, privileges, and benefits to program residents that are afforded graduate residents in residence at the contractor's main campus and/or other satellite campuses of the Contractor 5.18. 100%. Students receive all benefits that they would as if enrolled in a regular campus of the university. Functioning application. Quarterly inspection by COR. The contractor shall extend the same rights, privileges, and benefits to program faculty that are afforded the contractor's graduate faculty. 5.19. 100% program faculty receive benefits as regular university faculty. Functioning application. Quarterly inspection by COR. EXHIBIT B - SERVICE CONTRACT A WD 15-5253 (Rev.-3) was first posted on www.wdol.gov on 08/08/2017 ************************************************************************************ REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION By direction of the Secretary of Labor | WAGE AND HOUR DIVISION | WASHINGTON D.C. 20210 | | | | Wage Determination No.: 2015-5253 Daniel W. Simms Division of | Revision No.: 3 Director Wage Determinations| Date Of Revision: 08/03/2017 _______________________________________|____________________________________________ Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. ____________________________________________________________________________________ State: Texas Area: Texas Counties of Atascosa, Bandera, Bexar, Comal, Guadalupe, Kendall, Medina, Wilson ____________________________________________________________________________________ **Fringe Benefits Required Follow the Occupational Listing** OCCUPATION CODE - TITLE FOOTNOTE RATE 01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 14.11 01012 - Accounting Clerk II 15.84 01013 - Accounting Clerk III 17.72 01020 - Administrative Assistant 26.58 01035 - Court Reporter 26.79 01041 - Customer Service Representative I 11.82 01042 - Customer Service Representative II 13.29 01043 - Customer Service Representative III 14.51 01051 - Data Entry Operator I 13.11 01052 - Data Entry Operator II 14.31 01060 - Dispatcher, Motor Vehicle 17.32 01070 - Document Preparation Clerk 13.59 01090 - Duplicating Machine Operator 13.59 01111 - General Clerk I 12.56 01112 - General Clerk II 13.71 01113 - General Clerk III 15.45 01120 - Housing Referral Assistant 19.91 01141 - Messenger Courier 13.34 01191 - Order Clerk I 13.74 01192 - Order Clerk II 14.99 01261 - Personnel Assistant (Employment) I 17.04 01262 - Personnel Assistant (Employment) II 19.23 01263 - Personnel Assistant (Employment) III 21.26 01270 - Production Control Clerk 18.59 01290 - Rental Clerk 14.90 01300 - Scheduler, Maintenance 15.96 01311 - Secretary I 15.96 01312 - Secretary II 17.86 01313 - Secretary III 19.91 01320 - Service Order Dispatcher 15.48 01410 - Supply Technician 26.58 01420 - Survey Worker 16.65 01460 - Switchboard Operator/Receptionist 11.89 01531 - Travel Clerk I 12.44 01532 - Travel Clerk II 13.21 01533 - Travel Clerk III 13.88 01611 - Word Processor I 14.40 01612 - Word Processor II 16.17 01613 - Word Processor III 18.09 05000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 20.44 05010 - Automotive Electrician 17.75 05040 - Automotive Glass Installer 16.77 05070 - Automotive Worker 16.77 05110 - Mobile Equipment Servicer 14.96 05130 - Motor Equipment Metal Mechanic 18.68 05160 - Motor Equipment Metal Worker 16.77 05190 - Motor Vehicle Mechanic 18.65 05220 - Motor Vehicle Mechanic Helper 14.17 05250 - Motor Vehicle Upholstery Worker 15.83 05280 - Motor Vehicle Wrecker 16.77 05310 - Painter, Automotive 17.75 05340 - Radiator Repair Specialist 16.77 05370 - Tire Repairer 12.37 05400 - Transmission Repair Specialist 18.68 07000 - Food Preparation And Service Occupations 07010 - Baker 12.53 07041 - Cook I 11.40 07042 - Cook II 13.22 07070 - Dishwasher 9.39 07130 - Food Service Worker 10.30 07210 - Meat Cutter 15.28 07260 - Waiter/Waitress 9.18 09000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 15.03 09040 - Furniture Handler 10.46 09080 - Furniture Refinisher 16.02 09090 - Furniture Refinisher Helper 12.05 09110 - Furniture Repairer, Minor 13.96 09130 - Upholsterer 16.47 11000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 10.19 11060 - Elevator Operator 10.19 11090 - Gardener 15.11 11122 - Housekeeping Aide 10.53 11150 - Janitor 10.53 11210 - Laborer, Grounds Maintenance 11.87 11240 - Maid or Houseman 9.76 11260 - Pruner 10.77 11270 - Tractor Operator 14.04 11330 - Trail Maintenance Worker 11.87 11360 - Window Cleaner 11.60 12000 - Health Occupations 12010 - Ambulance Driver 14.93 12011 - Breath Alcohol Technician 17.83 12012 - Certified Occupational Therapist Assistant 34.29 12015 - Certified Physical Therapist Assistant 31.75 12020 - Dental Assistant 15.04 12025 - Dental Hygienist 35.52 12030 - EKG Technician 26.71 12035 - Electroneurodiagnostic Technologist 26.71 12040 - Emergency Medical Technician 14.93 12071 - Licensed Practical Nurse I 17.40 12072 - Licensed Practical Nurse II 19.46 12073 - Licensed Practical Nurse III 21.69 12100 - Medical Assistant 14.39 12130 - Medical Laboratory Technician 18.06 12160 - Medical Record Clerk 14.70 12190 - Medical Record Technician 16.35 12195 - Medical Transcriptionist 13.76 12210 - Nuclear Medicine Technologist 32.79 12221 - Nursing Assistant I 11.46 12222 - Nursing Assistant II 12.88 12223 - Nursing Assistant III 14.06 12224 - Nursing Assistant IV 15.79 12235 - Optical Dispenser 15.68 12236 - Optical Technician 15.20 12250 - Pharmacy Technician 16.23 12280 - Phlebotomist 15.10 12305 - Radiologic Technologist 26.17 12311 - Registered Nurse I 24.40 12312 - Registered Nurse II 29.85 12313 - Registered Nurse II, Specialist 29.85 12314 - Registered Nurse III 36.11 12315 - Registered Nurse III, Anesthetist 36.11 12316 - Registered Nurse IV 43.28 12317 - Scheduler (Drug and Alcohol Testing) 22.10 12320 - Substance Abuse Treatment Counselor 17.77 13000 - Information And Arts Occupations 13011 - Exhibits Specialist I 20.33 13012 - Exhibits Specialist II 25.18 13013 - Exhibits Specialist III 30.81 13041 - Illustrator I 18.68 13042 - Illustrator II 23.15 13043 - Illustrator III 26.62 13047 - Librarian 27.89 13050 - Library Aide/Clerk 11.67 13054 - Library Information Technology Systems 25.18 Administrator 13058 - Library Technician 15.39 13061 - Media Specialist I 18.18 13062 - Media Specialist II 20.33 13063 - Media Specialist III 22.66 13071 - Photographer I 17.29 13072 - Photographer II 19.55 13073 - Photographer III 22.89 13074 - Photographer IV 26.06 13075 - Photographer V 31.63 13090 - Technical Order Library Clerk 15.74 13110 - Video Teleconference Technician 18.24 14000 - Information Technology Occupations 14041 - Computer Operator I 15.51 14042 - Computer Operator II 17.35 14043 - Computer Operator III 19.35 14044 - Computer Operator IV 21.50 14045 - Computer Operator V 23.80 14071 - Computer Programmer I (see 1) 22.29 14072 - Computer Programmer II (see 1) 14073 - Computer Programmer III (see 1) 14074 - Computer Programmer IV (see 1) 14101 - Computer Systems Analyst I (see 1) 14102 - Computer Systems Analyst II (see 1) 14103 - Computer Systems Analyst III (see 1) 14150 - Peripheral Equipment Operator 15.51 14160 - Personal Computer Support Technician 21.50 14170 - System Support Specialist 29.79 15000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 27.48 15020 - Aircrew Training Devices Instructor (Rated) 33.25 15030 - Air Crew Training Devices Instructor (Pilot) 39.85 15050 - Computer Based Training Specialist / Instructor 27.48 15060 - Educational Technologist 32.39 15070 - Flight Instructor (Pilot) 39.85 15080 - Graphic Artist 22.57 15085 - Maintenance Test Pilot, Fixed, Jet/Prop 39.85 15086 - Maintenance Test Pilot, Rotary Wing 39.85 15088 - Non-Maintenance Test/Co-Pilot 39.85 15090 - Technical Instructor 22.73 15095 - Technical Instructor/Course Developer 27.82 15110 - Test Proctor 18.36 15120 - Tutor 18.36 16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 9.10 16030 - Counter Attendant 9.10 16040 - Dry Cleaner 11.05 16070 - Finisher, Flatwork, Machine 9.10 16090 - Presser, Hand 9.10 16110 - Presser, Machine, Drycleaning 9.10 16130 - Presser, Machine, Shirts 9.10 16160 - Presser, Machine, Wearing Apparel, Laundry 9.10 16190 - Sewing Machine Operator 11.67 16220 - Tailor 12.24 16250 - Washer, Machine 9.87 19000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 18.89 19040 - Tool And Die Maker 23.31 21000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 13.68 21030 - Material Coordinator 18.59 21040 - Material Expediter 18.59 21050 - Material Handling Laborer 11.96 21071 - Order Filler 12.07 21080 - Production Line Worker (Food Processing) 13.68 21110 - Shipping Packer 13.60 21130 - Shipping/Receiving Clerk 13.60 21140 - Store Worker I 10.77 21150 - Stock Clerk 14.38 21210 - Tools And Parts Attendant 13.68 21410 - Warehouse Specialist 13.68 23000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 25.08 23019 - Aircraft Logs and Records Technician 18.62 23021 - Aircraft Mechanic I 23.71 23022 - Aircraft Mechanic II 25.08 23023 - Aircraft Mechanic III 26.44 23040 - Aircraft Mechanic Helper 16.62 23050 - Aircraft, Painter 21.27 23060 - Aircraft Servicer 18.62 23070 - Aircraft Survival Flight Equipment Technician 21.27 23080 - Aircraft Worker 19.86 23091 - Aircrew Life Support Equipment (ALSE) Mechanic 19.86 I 23092 - Aircrew Life Support Equipment (ALSE) Mechanic 23.71 II 23110 - Appliance Mechanic 18.98 23120 - Bicycle Repairer 13.45 23125 - Cable Splicer 23.60 23130 - Carpenter, Maintenance 17.45 23140 - Carpet Layer 17.53 23160 - Electrician, Maintenance 21.23 23181 - Electronics Technician Maintenance I 22.69 23182 - Electronics Technician Maintenance II 24.30 23183 - Electronics Technician Maintenance III 25.81 23260 - Fabric Worker 16.52 23290 - Fire Alarm System Mechanic 20.32 23310 - Fire Extinguisher Repairer 15.34 23311 - Fuel Distribution System Mechanic 17.42 23312 - Fuel Distribution System Operator 14.33 23370 - General Maintenance Worker 15.37 23380 - Ground Support Equipment Mechanic 23.71 23381 - Ground Support Equipment Servicer 18.27 23382 - Ground Support Equipment Worker 19.48 23391 - Gunsmith I 15.34 23392 - Gunsmith II 17.71 23393 - Gunsmith III 20.15 23410 - Heating, Ventilation And Air-Conditioning 20.11 Mechanic 23411 - Heating, Ventilation And Air Contidioning 21.27 Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 21.24 23440 - Heavy Equipment Operator 17.42 23460 - Instrument Mechanic 22.96 23465 - Laboratory/Shelter Mechanic 18.97 23470 - Laborer 11.96 23510 - Locksmith 18.73 23530 - Machinery Maintenance Mechanic 21.26 23550 - Machinist, Maintenance 19.86 23580 - Maintenance Trades Helper 14.18 23591 - Metrology Technician I 22.96 23592 - Metrology Technician II 24.28 23593 - Metrology Technician III 25.61 23640 - Millwright 20.65 23710 - Office Appliance Repairer 17.10 23760 - Painter, Maintenance 16.53 23790 - Pipefitter, Maintenance 21.29 23810 - Plumber, Maintenance 20.04 23820 - Pneudraulic Systems Mechanic 20.15 23850 - Rigger 18.34 23870 - Scale Mechanic 17.71 23890 - Sheet-Metal Worker, Maintenance 18.22 23910 - Small Engine Mechanic 18.60 23931 - Telecommunications Mechanic I 21.97 23932 - Telecommunications Mechanic II 23.21 23950 - Telephone Lineman 20.66 23960 - Welder, Combination, Maintenance `` 17.34 23965 - Well Driller 18.78 23970 - Woodcraft Worker 20.15 23980 - Woodworker 15.34 24000 - Personal Needs Occupations 24550 - Case Manager 13.02 24570 - Child Care Attendant 9.75 24580 - Child Care Center Clerk 12.15 24610 - Chore Aide 10.57 24620 - Family Readiness And Support Services 13.02 Coordinator 24630 - Homemaker 13.69 25000 - Plant And System Operations Occupations 25010 - Boiler Tender 20.15 25040 - Sewage Plant Operator 19.09 25070 - Stationary Engineer 20.15 25190 - Ventilation Equipment Tender 14.26 25210 - Water Treatment Plant Operator 19.09 27000 - Protective Service Occupations 27004 - Alarm Monitor 18.02 27007 - Baggage Inspector 11.24 27008 - Corrections Officer 21.15 27010 - Court Security Officer 24.74 27030 - Detection Dog Handler 14.37 27040 - Detention Officer 21.15 27070 - Firefighter 24.85 27101 - Guard I 11.24 27102 - Guard II 14.20 27131 - Police Officer I 24.86 27132 - Police Officer II 27.62 28000 - Recreation Occupations 28041 - Carnival Equipment Operator 11.97 28042 - Carnival Equipment Repairer 12.57 28043 - Carnival Worker 9.33 28210 - Gate Attendant/Gate Tender 15.14 28310 - Lifeguard 11.05 28350 - Park Attendant (Aide) 16.80 28510 - Recreation Aide/Health Facility Attendant 12.25 28515 - Recreation Specialist 17.86 28630 - Sports Official 13.38 28690 - Swimming Pool Operator 15.11 29000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 20.90 29020 - Hatch Tender 20.90 29030 - Line Handler 20.90 29041 - Stevedore I 19.50 29042 - Stevedore II 22.38 30000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 37.52 30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 25.87 30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 28.49 30021 - Archeological Technician I 17.13 30022 - Archeological Technician II 19.16 30023 - Archeological Technician III 23.40 30030 - Cartographic Technician 23.74 30040 - Civil Engineering Technician 23.03 30051 - Cryogenic Technician I 22.14 30052 - Cryogenic Technician II 24.46 30061 - Drafter/CAD Operator I 17.13 30062 - Drafter/CAD Operator II 19.16 30063 - Drafter/CAD Operator III 21.37 30064 - Drafter/CAD Operator IV 26.29 30081 - Engineering Technician I 15.91 30082 - Engineering Technician II 17.86 30083 - Engineering Technician III 19.98 30084 - Engineering Technician IV 24.75 30085 - Engineering Technician V 30.27 30086 - Engineering Technician VI 36.63 30090 - Environmental Technician 21.35 30095 - Evidence Control Specialist 19.99 30210 - Laboratory Technician 19.55 30221 - Latent Fingerprint Technician I 20.56 30222 - Latent Fingerprint Technician II 22.71 30240 - Mathematical Technician 23.74 30361 - Paralegal/Legal Assistant I 17.79 30362 - Paralegal/Legal Assistant II 22.03 30363 - Paralegal/Legal Assistant III 26.96 30364 - Paralegal/Legal Assistant IV 32.61 30375 - Petroleum Supply Specialist 24.46 30390 - Photo-Optics Technician 23.74 30395 - Radiation Control Technician 24.46 30461 - Technical Writer I 24.59 30462 - Technical Writer II 30.08 30463 - Technical Writer III 34.17 30491 - Unexploded Ordnance (UXO) Technician I 23.85 30492 - Unexploded Ordnance (UXO) Technician II 28.85 30493 - Unexploded Ordnance (UXO) Technician III 34.58 30494 - Unexploded (UXO) Safety Escort 23.85 30495 - Unexploded (UXO) Sweep Personnel 23.85 30501 - Weather Forecaster I 26.29 30502 - Weather Forecaster II 31.98 30620 - Weather Observer, Combined Upper Air Or (see 2) 21.37 Surface Programs 30621 - Weather Observer, Senior (see 2) 23.74 31000 - Transportation/Mobile Equipment Operation Occupations 31010 - Airplane Pilot 28.85 31020 - Bus Aide 14.25 31030 - Bus Driver 19.44 31043 - Driver Courier 13.17 31260 - Parking and Lot Attendant 10.05 31290 - Shuttle Bus Driver 14.18 31310 - Taxi Driver 11.46 31361 - Truckdriver, Light 14.18 31362 - Truckdriver, Medium 15.07 31363 - Truckdriver, Heavy 19.94 31364 - Truckdriver, Tractor-Trailer 19.94 99000 - Miscellaneous Occupations 99020 - Cabin Safety Specialist 14.07 99030 - Cashier 9.74 99050 - Desk Clerk 10.63 99095 - Embalmer 22.75 99130 - Flight Follower 23.85 99251 - Laboratory Animal Caretaker I 11.36 99252 - Laboratory Animal Caretaker II 12.22 99260 - Marketing Analyst 34.87 99310 - Mortician 27.14 99410 - Pest Controller 16.92 99510 - Photofinishing Worker 12.53 99710 - Recycling Laborer 16.14 99711 - Recycling Specialist 17.94 99730 - Refuse Collector 14.65 99810 - Sales Clerk 11.07 99820 - School Crossing Guard 11.44 99830 - Survey Party Chief 20.29 99831 - Surveying Aide 14.15 99832 - Surveying Technician 16.90 99840 - Vending Machine Attendant 12.53 99841 - Vending Machine Repairer 15.49 99842 - Vending Machine Repairer Helper 12.53 ____________________________________________________________________________________ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors, applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is the victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS: HEALTH & WELFARE: $4.41 per hour or $176.40 per week or $764.40 per month HEALTH & WELFARE EO 13706: $4.13 per hour, or $165.20 per week, or $715.87 per month VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor, 3 weeks after 5 years, and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173) HOLIDAYS: A minimum of ten paid holidays per year: New Year's Day, Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174) THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING: 1) COMPUTER EMPLOYEES: Under the SCA at section 8(b), this wage determination does not apply to any employee who individually qualifies as a bona fide executive, administrative, or professional employee as defined in 29 C.F.R. Part 541. Because most Computer System Analysts and Computer Programmers who are compensated at a rate not less than $27.63 (or on a salary or fee basis at a rate not less than $455 per week) an hour would likely qualify as exempt computer professionals, (29 C.F.R. 541. 400) wage rates may not be listed on this wage determination for all occupations within those job families. In addition, because this wage determination may not list a wage rate for some or all occupations within those job families if the survey data indicates that the prevailing wage rate for the occupation equals or exceeds $27.63 per hour conformances may be necessary for certain nonexempt employees. For example, if an individual employee is nonexempt but nevertheless performs duties within the scope of one of the Computer Systems Analyst or Computer Programmer occupations for which this wage determination does not specify an SCA wage rate, then the wage rate for that employee must be conformed in accordance with the conformance procedures described in the conformance note included on this wage determination. Additionally, because job titles vary widely and change quickly in the computer industry, job titles are not determinative of the application of the computer professional exemption. Therefore, the exemption applies only to computer employees who satisfy the compensation requirements and whose primary duty consists of: (1) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications; (2) The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications; (3) The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or (4) A combination of the aforementioned duties, the performance of which requires the same level of skills. (29 C.F.R. 541.400). 2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you work at night as part of a regular tour of duty, you will earn a night differential and receive an additional 10% of basic pay for any hours worked between 6pm and 6am. If you are a full-time employed (40 hours a week) and Sunday is part of your regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday premium of 25% of your basic rate for each hour of Sunday work which is not overtime (i.e. occasional work on Sunday outside the normal tour of duty is considered overtime work). ** HAZARDOUS PAY DIFFERENTIAL ** An 8 percent differential is applicable to employees employed in a position that represents a high degree of hazard when working with or in close proximity to ordnance, explosives, and incendiary materials. This includes work such as screening, blending, dying, mixing, and pressing of sensitive ordnance, explosives, and pyrotechnic compositions such as lead azide, black powder and photoflash powder. All dry-house activities involving propellants or explosives. Demilitarization, modification, renovation, demolition, and maintenance operations on sensitive ordnance, explosives and incendiary materials. All operations involving re-grading and cleaning of artillery ranges. A 4 percent differential is applicable to employees employed in a position that represents a low degree of hazard when working with, or in close proximity to ordnance, (or employees possibly adjacent to) explosives and incendiary materials which involves potential injury such as laceration of hands, face, or arms of the employee engaged in the operation, irritation of the skin, minor burns and the like; minimal damage to immediate or adjacent work area or equipment being used. All operations involving, unloading, storage, and hauling of ordnance, explosive, and incendiary ordnance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for ordnance, explosives, and incendiary material differential pay. ** UNIFORM ALLOWANCE ** If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance: The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs. ** SERVICE CONTRACT ACT DIRECTORY OF OCCUPATIONS ** The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition (Revision 1), dated September 2015, unless otherwise indicated. ** REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE, Standard Form 1444 (SF-1444) ** Conformance Process: The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination (See 29 CFR 4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees (See 29 CFR 4.6(b)(2)(ii)). The Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be paid to all employees performing in the classification from the first day of work on which contract work is performed by them in the classification. Failure to pay such unlisted employees the compensation agreed upon by the interested parties and/or fully determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Act and this contract. (See 29 CFR 4.6(b)(2)(v)). When multiple wage determinations are included in a contract, a separate SF-1444 should be prepared for each wage determination to which a class(es) is to be conformed. The process for preparing a conformance request is as follows: 1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s). 2) After contract award, the contractor prepares a written report listing in order the proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work. 3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the U.S. Department of Labor, Wage and Hour Division, for review (See 29 CFR 4.6(b)(2)(ii)). 4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request. 5) The contracting officer transmits the Wage and Hour Division's decision to the contractor. 6) Each affected employee shall be furnished by the contractor with a written copy of such determination or it shall be posted as a part of the wage determination (See 29 CFR 4.6(b)(2)(iii)). Information required by the Regulations must be submitted on SF-1444 or bond paper. When preparing a conformance request, the "Service Contract Act Directory of Occupations" should be used to compare job definitions to ensure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination (See 29 CFR 4.152(c)(1)). EXHIBIT C - IRAPT Invoicing, Receipt, Acceptance and Property Transfer (iRAPT) - formerly known as WAWF iRAPT is the authorized method to electronically process vendor request for payment. This application allows DOD vendors to submit and track Invoices and Receipt/Acceptance documents electronically. Contractor shall (i) register to use iRAPT at https://wawf.eb.mil and (ii) ensure an electronic business point of contract (POC) is designated in the System for Award Management at https://www.sam.gov within ten (10) calendar days after award of this contract/order. iRAPT Instructions: Questions concerning payments should be directed to the Defense Finance and Accounting Service (DFAS) location listed in Block 18a of your purchase order/contract. Please have your purchase order/contract number ready when calling about payments. You can easily access payment and receipt information using the DFAS web site at http://www.dfas.mil/money/vendor. Your purchase order/contract number or invoice number will be required to inquire status of your payment. The following codes and information will be required to assure successful flow of iRAPT documents. Foreign Vendors will submit banking information in the Comments Tab of the iRAPT invoice. TYPE OF DOCUMENT [X the appropriate block] ___ Invoice (Contractor Only) ___ Invoice and Receiving Report (COMBO) _X_ Invoice as 2-in-1 (Services Only) ___ Receiving Report (Government Only) CAGE CODE: TBD ISSUE BY DODAAC: W81K04 ADMIN BY DODAAC: W81K04 INSPECT BY DODAAC: TBD ACCEPT BY DODAAC: TBD SHIP TO DODAAC: TBD PAYMENT OFFICE FISCAL STATION CODE: TBD EMAIL POINTS OF CONTACT LISTING: (Use Group e-mail accounts if applicable) INSPECTOR Primary: TBD Alternate: TBD ACCEPTOR Primary: TBD Alternate: TBD RECEIVING OFFICE POC: Primary: TBD Alternate: TBD CONTRACT ADMINISTRATOR/ SPECIALIST: Your.Name@mail.mil DSN: TBD Comm: - Fax: CONTRACTING OFFICER: See Block 31b on SF1449 for email address. ADDITIONAL CONTACT: TBD Any modification requests must be in writing and submitted to:ADMIN DODAAC. (End) EXHIBIT D - EXCLUSION FROM PAR Exclusion from Participation in Federal Health Care Programs (October 2015) 1. The Contractor shall not employ or contract with any individual or entity (hereinafter collectively referred to as "person") to provide items or services that will be included in invoices submitted to the Government under this contract if such person is listed on the Department of Health and Human Services (HHS) Office of the Inspector General (OIG) List of Excluded Individuals and Entities (LEIE) or the TRICARE Sanctioned Provider List. The Government is legally prohibited from paying for provision of items or services by such persons. The prohibition extends to services beyond direct patient care, such as services of persons in executive or leadership roles and administrative and management services, whether or not such services are billed separately. The LEIE may be found at http://oig.hhs.gov/fraud/exclusions.asp, and the TRICARE Sanctioned Provider list at http://www.health.mil/Military-Health-Topics/Access-Cost-Quality-and-Safety/Quality-And-Safety-of-Healthcare/Program-Integrity/Sanctioned-Providers. The LEIE and TRICARE Sanctioned Provider List are hereinafter collectively referred to as "the Lists." 2. Prior to start of contract performance, the Contractor shall (a) query the Lists to determine whether the name of any person the Contractor employs or contracts with to provide services or items for which payment may be made under this contract appears on the Lists, and (b) certify to the Contracting Officer that the Contractor has queried the Lists and no such names appear on either of the Lists. 3. During performance of the contract, and prior to persons other than those whose names were queried in accordance with paragraph 2, above, (hereinafter "new persons") providing services or items under the contract, the Contractor shall (a) query the Lists as in paragraph 2, and (b) certify to the Contracting Officer that the names of such new persons do not appear on either of the Lists. 4. The Contractor is advised that during performance of the contract, MTF personnel will perform a recurrent recheck of the names of contractor personnel working in the MTF against the Lists, as specified in OTSG/MEDCOM Policy Memo 15-037. The Government will notify the Contractor in the event any contractor personnel working in the MTF appear on either of the Lists. 5. Should any person providing items or services under the contract appear on either of the Lists at any time during contract performance, the Contractor shall (a) in cases where the Contractor identified the person, notify the Contracting Officer, and (b) promptly remove that person from the contract. 6. Violation of any aspect of the above paragraphs shall be considered a material breach of the contract and may result in termination of the contract. 7. The Contractor is further advised that, in accordance with Civil Monetary Penalties Law [CMP] (codified at 42 USC § 1320a-7a): a. There are steep civil monetary penalties associated with billing the Government for providing items or services by a person on either of the Lists, and with failing to return to the Government any overpayments received for provision of such items or services. b. Billing under the contract for provision of items or services by a person on either List may also result in exclusion of the person that employs or contracts with such person. 8. HHS OIG has issued a Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care Programs with additional information on the CMP. The Special Advisory Bulletin may be found at http://oig.hhs.gov/exclusions/files/sab-05092013.pdf. EXHIBIT E - TOBACCO FREE MEDIC TOBACCO FREE MEDICAL CAMPUS (TFMC) In accordance with Army Regulation 600-63, paragraph 7-3, 14 April 2015; Operations Order 15-48 (Army Medical Command (MEDCOM) Tobacco Free Living - USAMEDCOM), 8 May 2015; and any Operations Order, regulation or other instruction implementing, defining or otherwise addressing the Tobacco Free Medical Campus (TFMC) on any military installation or DoD-controlled location, Contractor personnel are prohibited from using any tobacco product on or within any TFMC while performing under this contract. TFMCs are established at each installation or DoD-controlled location and include: (1) any property or non-residential building that is operated, maintained or assigned to support medical activities, including but not limited to, hospitals, medical laboratories, outpatient clinics (including medical, dental, and veterinary facilities), or aid stations operating for the primary purpose of delivering medical care and services for DOD eligible beneficiaries and /or meeting the mission of the Army Medical Command; (2) all other facilities in which medical activities or administration take place, to include HQ MEDCOM and Defense Health Headquarters; (3) all internal roadways, sidewalks and parking lots; and (4) all sidewalks, parking lots and grounds external but adjacent to the building or related to the migratory corridors surrounding the medical facility. The Contractor shall obtain from the COR any orders, regulations, instructions or other documents implementing, defining or otherwise addressing the TFMC for any given installation or DoD-controlled location where Contractor personnel may perform under this contract and shall instruct Contractor personnel on the TFMC limitations for installations or DoD-controlled locations where they may perform under this contract. ATTACHMENT - QASP QUALITY ASSURANCE SURVEILLANCE PLAN (QASP) For DOCTOR OF PHYSICAL THERAPY 1. Purpose. This Quality Assurance Surveillance Plan (QASP) is a government developed and applied document used to provide a standard of surveillance for monitoring University Affiliation Services for the Army Medical Department and School (AMEDDC&S), Fort Sam Houston, TX, degree program for Doctor Physical Therapy to students who successfully complete the Graduate Program in Physical Therapy. The QASP provides the approach the government will use to conduct surveillance over the performance aspects of this requirement. 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. Scope. The QASP is put in place to provide government surveillance oversight of the contractor's quality control efforts to assure they are timely, and effective, and results are performed as specified in the contract. The QASP is not a part of the resulting contract nor is it intended to duplicate the contractor's internal quality management efforts. 3. Government Roles and Responsibilities. The following personnel shall oversee and coordinate surveillance activities. 3.1. Contracting Officer (KO). The KO is responsible for monitoring contract compliance, contract administration, and cost control and for resolving any differences between the observations documented by the Contracting Officer's Representative (COR) and the contractor. The KO will designate a COR as the government representative for performance management. The number of additional government representatives serving as inspectors depends on the complexity of the services measured, as well as the contractor's performance, and must be identified and designated by the KO. 3.2. COR. The COR is designated in writing by the KO to act as his or her authorized representative. The COR will assist the KO with the technical administration of the contract to ensure proper government surveillance of the contractor's performance. Any COR limitations will be identified with the designation letter. The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the government's behalf. Any changes the contractor deems may affect contract price, terms, or conditions shall be referred to the KO for action. The COR is responsible for quality assurance (QA) monitoring and completion of forms/reports used to document the inspection and evaluation of the contractor's work performance. Government surveillance may occur under the terms and conditions of the contract for inspection. 3.3. The contractor's representative will serve as the contractor's primary representative for this contract. The contractor will provide contact information to the COR and KO within 10 calendar days of award. 4. Inspection Instructions. 4.1. The government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The government shall perform inspections and tests in a manner that will not unduly delay the work. 4.2. If the contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the government may, by contract or otherwise, perform the services and charge to the contractor any cost incurred by the government that is directly related to the performance of such service; or terminate the contract for default. 5. Methods of Inspection. 5.1. The below listed methods of surveillance may be used in the administration of this QASP. They can occur quarterly, monthly, or as needed: a. 100% Inspection. The COR may conduct 100% inspections of the work defined in the performance work statement (PWS). The COR will also review information submitted in the required reports defined in the PWS (if applicable). b. Periodic Inspection. The government may conduct periodic inspections monthly, quarterly, or on an as- needed basis. The periodic inspection shallbe conducted by the COR. c. Random Inspection. The government may conduct random monitoring by reviewing information and reports required and submitted in accordance with the contract. The random monitoring shall be performed by the COR. d. Performance Evaluation Meetings. The contractor and the COR will meet as often as necessary to review the Contractor's performance and address any contract discrepancy reports (CDRs) issued during the period. A mutual effort will be made to resolve identified issues. e. Customer Feedback - The COR may provide and collect customer surveys or complaints regarding performance. A mutual effort will be made to resolve any problems/issues identified. 5. 2. Level of surveillance may be conducted on a monthly, quarterly or as-needed basis and an analysis of the results will determine if the contractor met the standards or did not meet the standards identified in the PWS/contract. 6. Performance Requirements Summary (PRS). Performance Objective PWS Ref Acceptable Quality Level (AQL) Surveillance Method The contractor shall maintain University accreditation without lapse throughout the period of performance under this contract. 5.1 100%. Accreditation maintained without lapse. Formal documentation. COR reviews institution formal documentation to ensure compliance annually. The contractor shall delegate responsibility and management of program to the Program Manager. 5.3. and 5.14.1. 100%. Yields responsibility and management of program to the Program Manager. Formal documentation. Ongoing observation by COR. The contractor shall appointment up to 12 members of the program faculty for professional status at the contractor's institution. 5.13. 95%. All pre-selected, recommended faculty are appointed as university faculty. Formal documentation. COR confirms appointments semi- annually with institution. The contractor shall grant college graduate credit and the degree of Doctor of Science in Physical Therapy to students meeting all curricular requirements. 5.14.2 100% for students successfully completing current curriculum. Formal documentation. COR confirms graduate credit award quarterly and degree awards annually. The contractor shall maintain academic record for each student and provide copy of record at same interval as students at main campus 5.16. 100%. Accurate, current, confidential student academic records are maintained and issued. Formal documentation. COR confirms academic records accessible following each semester. The contractor shall ensure that the same rights, privileges, and benefits to program residents that are afforded graduate residents in residence at the contractor's main campus and/or other satellite campuses of the Contractor 5.18. 100%. Students receive all benefits that they would as if enrolled in a regular campus of the university. Functioning application. Quarterly inspection by COR. The contractor shall extend the same rights, privileges, and benefits to program faculty that are afforded the contractor's graduate faculty. 5.19. 100% program faculty receive benefits as regular university faculty. Functioning application. Quarterly inspection by COR. 7. Successful Performance. 7.1. Successful performance can be incentivized with favorable past performance ratings and possible award of follow-on opportunities. 7.2. Acceptable services for performance is demonstrated by an accepted and executed certified invoice and receiving report, as applicable. 7.3. The AQL consists of the performance standards established for the services required by the government to meet contract requirements. The AQL will be measurable and structured to permit an assessment of the contractor's performance. 8. Documentation of Surveillance. 8.1. Effective contract surveillance relies on the COR identifying and documenting discrepancies during performance of routine daily services, or through the contractor's quality control program. The COR will report discrepancies to the contractor for timely resolution. Surveillance may consist of periodic reports, and customer feedback and timeliness of contract deliverables/reports. 8.2. The COR will maintain a complete QA file which he/she will retain for the life of the contract. Information in the QA file will be considered when completing the annual CPARS report. 8.3. Documented surveillance will consist of inspections performed by the COR. All paperwork that supports contract surveillance such as details of inspections or data gathering, conversations or meetings with the contractor, notes and comments that support inspection paperwork, to include quality assurance surveillance reports.. If performance is deemed unacceptable, the COR will inform the contractor. Disagreements or disputes will be referred to the KO for re-address. 8.4. All documentation resulting from surveillance will be made a part of the contract file. The COR must keep the documentation files during the surveillance period, but at the conclusion of the contract and as directed by the KO, the COR must give the files to the KO for inclusion in the official contract file. 9. Corrective Actions. 9.1. The contractor will be provided the opportunity to submit proposed corrective action to resolve the discrepancy. The COR will review proposed corrective action and determine whether or not it is acceptable and whether or not the discrepancy has been corrected. If the discrepancy has been resolved, the COR will notify the contractor and document the quality assurance surveillance checklist. 9.2. The COR will notify the contracting officer of unacceptable performance if any services do not conform to contract requirements. The contracting officer may require the contractor to re-perform the services to conform with contract requirements at no additional cost to the government. 9.3. When unacceptable performance cannot be corrected by re-performance, the government may require the contractor to take action necessary to ensure future performance conforms to contract requirements. 9.4. The government may, by separate contract or otherwise, perform the services and charge the contractor any cost incurred that is directly related to the performance of such service, or issue: a. Cure Notice b. Show Cause c. Terminate the contract for convenience of the government d. Terminate the contract for cause 10. Certification of Services. Certification of services is performed by the COR via Wide Area Work Flow (WAWF) system. At the end of each billing period, the contractor inputs invoice information into WAWF system. WAWF automatically notifies the appropriate COR via email of pending invoice. COR accesses WAWF and verifies the accuracy of services provided by the contractor. The COR will certify the invoice and payment is issued by Defense Finance Accounting System (DFAS). If the COR encounters errors in the contractor's invoice, the COR will reject the invoice, state the reason for rejection and send back to the contractor. If the contractor disagrees with the COR, the issue will be forwarded to the KO for resolution. 11. QASP Checklist, Attachment 1 Attachment 1 QASP Checklist Standard of Service Survey Period: Surveillance Method (Check): 100% Inspection Periodic Inspection Random Monitoring (reports) Performance Evaluation Meetings Customer Feedback Level of Surveillance: (Check): Monthly Quarterly As needed Contract Service Provider's Performance (Check): Meets Standards Does Not Meet Standards Narrative of Performance During Survey Period: Prepared By: Date: [End of ADDENDUM TO FAR 52.212-4] CLAUSES INCORPORATED BY REFERENCE 52.212-1 Instructions to Offerors--Commercial Items JAN 2017 ADDENDUM TO 52.212-1 Paragraph 52.212-1(b) is hereby replaced with the following: (b) Instructions for preparation and Submission of Quotes: 1. The quoter shall submit their quote through e-mail. Telegraphic and facsimile responses will NOT be accepted. The entire quote shall be submitted as one (1) file; as an Adobe Acrobat document (.pdf). In addition, the price breakdown information to aide in the price evaluation shall also be submitted as a Microsoft Office Excel document (.exe) and viewable in Microsoft Excel 2007 or earlier. The Font shall be Times New Roman and the Font size shall be no smaller than 10 Points, however the Government will allow a different Font and Font size of no less than 8 Points for graphics and tables. The quote shall have a cover sheet identifying the quoter, primary point of contact, CAGE Code, DUNS number, the solicitation number, and the contents. To assure timely and equitable evaluation of quote(s), quoter must follow the instructions contained herein. Quoter is required to meet all solicitation requirements, including terms and conditions, representations and certifications, and those identified as evaluation factors and/or subfactors. Failure to meet a requirement may result in the quote being ineligible for award. Taking exception to any provision in the solicitation may render the quote ineligible for award. All documents submitted in response to this solicitation must be fully responsive to and consistent with the requirements of the solicitation. 2. To be considered, the complete quote must be received not later than the time and date identified on the first page of this solicitation at the Health Readiness Contracting Office, Attn: Yesenia C. Rodriguez, Contracting Officer, email: yesenia.c.rodriguez2.civ@mail.mil and Miranda N. Buntyn, Contract Specialist, miranda.n.buntyn.civ@mail.mil. Quotes received after the time and date identified in in the solicitation will be late and may not be considered for award. All quotes must be in English. 3. The Government intends to use simplified acquisition procedures in accordance with FAR Subpart 13.5, Simplified Procedures for Certain Commercial Items. The source selection process will be informal. Award will be made using the lowest price, technically acceptable source selection process. The quote must be found technically acceptable and be the lowest price to be eligible for award. Award may be made without discussions with quoters (except communications conducted for the purpose of minor clarification). Therefore, each initial quote should contain the quoter's best terms from a technical and price standpoint. However, the Government reserves the right to conduct discussions if it is later determined by the contracting officer to be necessary. By submitting a quote in response to this solicitation, quoter is agreeing to comply with all terms and conditions contained in the solicitation. The contracting officer may reject any quote that contains exceptions. Except for any portions of the quote incorporated into the resulting contract by specific reference, the terms and conditions included in the solicitation, including any amendments, shall take precedence over the quote. 4. The following shall be included in the quote submission: (a.) Cover Page. The cover page shall identify the quoter, primary point of contact, CAGE Code, DUNS number, the solicitation number, and the contents. The cover page shall contain the Signature of a point of contact authorized to negotiate for the company. (b.) Contract Line Items Numbers (CLINs) Table. One completed copy of the CLINs table beginning on page 2 of the solicitation, which includes proposed pricing for each quantity identified at the ITEM NOs, i.e., 0001, 0002, etc. If applicable, the quoter shall annotate "No Charge" or "Not Separately Priced" on ITEM NOs that do not include a quoted price. (c.) Discount Terms. The quoter shall include a statement of any proposed discount terms for prompt payment or specifically state that discount terms are not being quoted. If discount terms are not quoted, the Government will apply the standard prompt payment terms of Net 30. (d.) One complete copy of any and all Amendments to the solicitation which contains the Signature of a point of contact authorized to negotiate for the company. (e.) One completed copy of FAR Provision 52.212-3, Offeror Representations and Certifications - Commercial Items, Alternate I (f.) If the quoter has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website (https://www.sam.gov/sam/) or if their SAM registration does not include the following representations, the quoter shall also submit one completed copy of each of the following: i. FAR Provision 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation ii. FAR Provision 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction Under any Federal Law iii. FAR Provision 52.222-22, Previous Contracts and Compliance Reports iv. FAR Provision 52.222-25, Affirmative Action Compliance (g.) Quotes Response to Evaluation Factors, i.e. Technical Narrative, Past Performance Information, and Price Narrative with Supporting Documentation. The quote's technical narrative shall address elements in Factor 1 and Subfactors 1A through 1E described below. The Past Performance Information shall include the required information for Factor 2 described below. The Price Narrative and Supporting Documentation shall include the required information for Factor 3 described below. (1) Factor 1: Technical and Management Capability. Subfactors 1A through 1E will be evaluated and result in an overall technical evaluation rating for Factor 1. Subfactor 1A. Understanding the Requirement. The quoter shall provide an in-depth description of the offeror's capability of meeting the requirements of the PWS. Subfactor 1B. Management Capability. The quoter shall provide a summary of their management capability in performing affiliation type requirements. Subfactor 1C. Accreditation Process. The quoter shall describe the process by which the offeror will evaluate and accredit the DScPT Program. The description shall include a timeline/milestone chart of the evaluation and accreditation process. Subfactor 1D. Administrative Functions. The quoter shall submit a summary of their administrative functions as they relate to the requirements of the PWS. Subfactor 1E. Faculty Appointments. The quoter shall submit a summary of their process for performing faculty appointments as required by the PWS. (2) Factor 2: Past Performance. The quoter shall submit evidence of past performance for any contract(s) under which same or similar services were performed. For each contract include: name of serviced entity, point of contact and email address, contract number; description of services, contract award date, completion date; whether or not you completed the contract; initial contract value; adjusted contract value; and a statement of why you consider the contract to be relevant past performance. If you have not performed any same or similar contracts, you may furnish any other past performance information which you believe demonstrates your ability to perform the services required by this solicitation. Other past performance information shall include the name of serviced entity, point of contact, email address, description of services, and a statement of why you consider the information provided to be relevant past performance. Quoters shall ensure the accuracy of references provided (names and email address(es)). The Government will not be responsible for tracking incorrect references. Quoters are reminded that the Government may elect to consider data obtained from other sources, however the burden of providing thorough and complete past performance information rests with the quoter. (3) Factor 3. Price The quoter shall provide other than cost or pricing data which describes in sufficient detail and supports the elements that make up the quoted price. Examples of price breakdown may include direct labor hours and rates, travel costs, administrative expenses for application reviews, etc. Paragraph 52.212-1(m) is hereby added: The non-FAR Part 12 discretionary FAR, DFARS, AFARS, and LOCAL provisions included herein are incorporated into this solicitation either by reference or in full text. If incorporated by reference, see provision 52.252-1 herein for locations where full text can be found. [End of ADDENDUM TO 52.212-1] CLAUSES INCORPORATED BY REFERENCE 52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions SEP 2007 52.204-5 Women-Owned Business (Other Than Small Business) OCT 2014 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications. OCT 2015 CLAUSES INCORPORATED BY FULL TEXT 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--REPRESENTATION (NOV 2015) (a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10). (b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. (c) Representation. The Offeror represents that-- (1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and (2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation. (End of provision) 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015) (a) Definitions. As used in this clause-- Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). Subsidiary means an entity in which more than 50 percent of the entity is owned-- (1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. (b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause. (c) Exceptions to this prohibition are located at 9.108-2. (d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event. (End of clause) 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016) (a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-- (1) 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, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that-- (1) 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 agreement with the authority responsible for collecting the tax liability; and (2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision) 52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA OR INFORMATION OTHER THAN CERTIFIED COST OR PRICING DATA (OCT 2010)-ALTERNATE IV (OCT 2010) (a) Submission of certified cost or pricing data is not required. (b) Provide data described below: The quoter shall provide other than cost or pricing data which describes in sufficient detail and supports the elements that make up the quoted price. (End of provision) 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a Indefinite Delivery, Indefinite Quantity contract resulting from this solicitation. (End of provision) 52.233-2 SERVICE OF PROTEST (SEP 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from U.S. Army Health Contracting Activity (USAHCA) Health Readiness Contracting Office (HRCO) ATTN: MCAA-C, 2199 Storage Street, Suite 68 JBSA-Fort Sam Houston, TX 78234-5074 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of provision) 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/ (End of provision) 52.252-5 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 DoD FAR Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of provision) 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011) (a) Definition. Covered DoD official is defined in the clause at 252.203-7000, Requirements Relating to Compensation of Former DoD Officials. (b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal Acquisition Regulation 3.104-2. (End of provision) 252.204-7004 ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT (FEB 2014) (a) Definitions. As used in this provision- "System for Award Management (SAM) database" means the primary Government repository for contractor information required for the conduct of business with the Government. "Commercial and Government Entity (CAGE) code" means- (1) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government entity; or (2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and maintains in the CAGE master file. This type of code is known as an "NCAGE code." "Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities. "Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR 32.11) for the same parent concern. "Registered in the System for Award Management (SAM) database" means that- (1) The contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, and Contractor and Government Entity (CAGE) code into the SAM database; and (2) The contractor has completed the Core Data, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database; (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as part of the SAM registration process; and (4) The Government has marked the record "Active." (End of Provision) 252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS (OCT 2016) (a) Definitions. As used in this provision-- Controlled technical information, covered contractor information system, covered defense information, cyber incident, information system, and technical information are defined in clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting. (b) The security requirements required by contract clause 252.204-7012 shall be implemented for all covered defense information on all covered contractor information systems that support the performance of this contract. (c) For covered contractor information systems that are not part of an information technology service or system operated on behalf of the Government (see 252.204-7012(b)(2))-- (1) By submission of this offer, the Offeror represents that it will implement the security requirements specified by National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, ``Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations'' (see http://dx.doi.org/10.6028/NIST.SP.800-171) that are in effect at the time the solicitation is issued or as authorized by the contracting officer not later than December 31, 2017. (2)(i) If the Offeror proposes to vary from any of the security requirements specified by NIST SP 800-171 that are in effect at the time the solicitation is issued or as authorized by the Contracting Officer, the Offeror shall submit to the Contracting Officer, for consideration by the DoD Chief Information Officer (CIO), a written explanation of- (A) Why a particular security requirement is not applicable; or (B) How an alternative but equally effective, security measure is used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection. (ii) An authorized representative of the DoD CIO will adjudicate offeror requests to vary from NIST SP 800-171 requirements in writing prior to contract award. Any accepted variance from NIST SP 800-171 shall be incorporated into the resulting contract. (End of provision) 252.215-7008 ONLY ONE OFFER (OCT 2013) (a) After initial submission of offers, the Offeror agrees to submit any subsequently requested additional cost or pricing data if the Contracting Officer notifies the Offeror that-- (1) Only one offer was received; and (2) Additional cost or pricing data is required in order to determine whether the price is fair and reasonable or to comply with the statutory requirement for certified cost or pricing data (10 U.S.C. 2306a and FAR 15.403-3). (b) Requirement for submission of additional cost or pricing data. Except as provided in paragraph (c) of this provision, the Offeror shall submit additional cost or pricing data as follows: (1) If the Contracting Officer notifies the Offeror that additional cost or pricing data are required in accordance with paragraph (a) of this clause, the data shall be certified unless an exception applies (FAR 15.403-1(b)). (2) Exceptions from certified cost or pricing data. In lieu of submitting certified cost or pricing data, the Offeror may submit a written request for exception by submitting the information described in the following paragraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable. (i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office. (ii) Commercial item exception. For a commercial item exception, the Offeror shall submit, at a minimum, information on prices at which the same item or/similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include- (A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities; (B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market; or (C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item. (3) The Offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the Offeror's determination of the prices to be offered in the catalog or marketplace. (4) Requirements for certified cost or pricing data. If the Offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies: (i) The Offeror shall prepare and submit certified cost or pricing data and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be used, unless the Contracting Officer and the Offeror agree to a different format. (ii) As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2. (c) If the Offeror is the Canadian Commercial Corporation, certified cost or pricing data are not required. If the Contracting Officer notifies the Canadian Commercial Corporation that additional data other than certified cost or pricing data are required in accordance with 225.870-4(c), the Canadian Commercial Corporation shall obtain and provide the following: (1) Profit rate or fee (as applicable). (2) Analysis provided by Public Works and Government Services Canada to the Canadian Commercial Corporation to determine a fair and reasonable price (comparable to the analysis required at FAR 15.404-1). (3) Data other than certified cost or pricing data necessary to permit a determination by the U.S. Contracting Officer that the proposed price is fair and reasonable [U.S. Contracting Officer to provide description of the data required in accordance with FAR 15.403-3(a)(1) with the notification]. (4) As specified in FAR 15.403-3(a)(4), an offeror who does not comply with a requirement to submit data that the U.S. Contracting Officer has deemed necessary to determine price reasonableness or cost realism is ineligible for award unless the head of the contracting activity determines that it is in the best interest of the Government to make the award to that offeror. (d) If negotiations are conducted, the negotiated price should not exceed the offered price. (End of provision) 252.222-7007 REPRESENTATION REGARDING COMBATING TRAFFICKING IN PERSONS (JAN 2015) By submission of its offer, the Offeror represents that it-- (a) Will not engage in any trafficking in persons or related activities, including but not limited to the use of forced labor, in the performance of this contract; (b) Has hiring and subcontracting policies to protect the rights of its employees and the rights of subcontractor employees and will comply with those policies in the performance of this contract; and (c) Has notified its employees and subcontractors of-- (1) The responsibility to report trafficking in persons violations by the Contractor, Contractor employees, or subcontractor employees, at any tier; and (2) Employee protection under 10 U.S.C. 2409, as implemented in DFARS subpart 203.9, from reprisal for whistleblowing on trafficking in persons violations. (End of provision) 252.225-7050 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (OCT 2015) (a) Definitions. As used in this provision-- Government of a country that is a state sponsor of terrorism includes the state and the government of a country that is a state sponsor of terrorism, as well as any political subdivision, agency, or instrumentality thereof. Significant interest means-- (i) Ownership of or beneficial interest in 5 percent or more of the firm's or subsidiary's securities. Beneficial interest includes holding 5 percent or more of any class of the firm's securities in ``nominee shares,'' ``street names,'' or some other method of holding securities that does not disclose the beneficial owner; (ii) Holding a management position in the firm, such as a director or officer; (iii) Ability to control or influence the election, appointment, or tenure of directors or officers in the firm; (iv) Ownership of 10 percent or more of the assets of a firm such as equipment, buildings, real estate, or other tangible assets of the firm; or (v) Holding 50 percent or more of the indebtedness of a firm. State sponsor of terrorism means a country determined by the Secretary of State, under section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)), to be a country the government of which has repeatedly provided support for acts of international terrorism. As of the date of this provision, state sponsors of terrorism include: Iran, Sudan, and Syria. (b) Prohibition on award. In accordance with 10 U.S.C. 2327, unless a waiver is granted by the Secretary of Defense, no contract may be awarded to a firm if the government of a country that is a state sponsor of terrorism owns or controls a significant interest in-- (1) The firm; (2) A subsidiary of the firm; or (3) Any other firm that owns or controls the firm. (c) Representation. Unless the Offeror submits with its offer the disclosure required in paragraph (d) of this provision, the Offeror represents, by submission of its offer, that the government of a country that is a state sponsor of terrorism does not own or control a significant interest in-- (1) The Offeror; (2) A subsidiary of the Offeror; or (3) Any other firm that owns or controls the Offeror. (d) Disclosure. (1) The Offeror shall disclose in an attachment to its offer if the government of a country that is a state sponsor of terrorism owns or controls a significant interest in the Offeror; a subsidiary of the Offeror; or any other firm that owns or controls the Offeror. (2) The disclosure shall include-- (i) Identification of each government holding a significant interest; and (ii) A description of the significant interest held by each government. (End of provision) CLAUSES INCORPORATED BY REFERENCE 52.212-2 Evaluation - Commercial Items OCT 2014 ADDENDUM TO 52.212-2 ADDENDUM TO 52.212-2 Paragraph (a) is hereby replaced with the following: The Government intends to use simplified acquisition procedures in accordance with FAR Subpart 13.5, Simplified Procedures for Certain Commercial Items. The source selection process will be informal. Award will be made using the lowest price, technically acceptable (LPTA) source selection process. Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors. In order to be considered for award, the quoter must receive an "Acceptable" rating in each non-price Factor/Subfactor and the quoters price must be determined fair and reasonable. Award may be made without discussions with quoters (except communications conducted for the purpose of minor clarification). Therefore, each initial quote should contain the quoter's best terms from a technical and price standpoint. However, the Government reserves the right to conduct discussions if it is later determined by the contracting officer to be necessary. By submitting a quote in response to this solicitation, quoter is agreeing to comply with all terms and conditions contained in the solicitation. The Contracting Officer may reject any quote that contains exceptions. Except for any portions of the quote incorporated into the resulting contract by specific reference, the terms and conditions included in the solicitation, including any amendments, shall take precedence over the quote. The technical rating reflects the degree to which the proposed approach meets or does not meet the minimum capability requirements. The following factors will be used to evaluate offers: (1) Factor 1: Technical and Management Capability. Subfactors 1A through 1E will be evaluated and result in an overall technical evaluation rating for Factor 1. Subfactor 1A. Understanding the Requirement. This subfactor will be evaluated to determine the quoter's understanding of the requirement and will receive an adjectival rating of acceptable or unacceptable. Subfactor 1B. Management Capability. This subfactor will be evaluated to determine the quoter's management capability and will receive an adjectival rating of acceptable or unacceptable. Subfactor 1C. Accreditation Process. This subfactor will be evaluated to determine the quoter's accreditation process and will receive an adjectival rating of acceptable or unacceptable. Subfactor 1D. Administrative Functions. This subfactor will be evaluated to determine the quoter's administrative functions and will receive an adjectival rating of acceptable or unacceptable. Subfactor 1E. Faculty Appointments. This subfactor will be evaluated to determine the quoter's process for faculty appointments and will receive an adjectival rating of acceptable or unacceptable. The following adjectival ratings will be used in evaluating Factor 1 and Subfactors 1A through 1E: Technical Acceptable/Unacceptable Rating Method Adjectival Rating Description Acceptable Proposal meets the requirements of the solicitation. Unacceptable Proposal does not meet the requirements of the solicitation. (2) Factor 2: Past Performance. Performance risk analysis provides insight into the quote's probability of successfully completing the solicitation requirements based on the quoter's performance record on recent, relevant, and similar contract efforts. The Government may consider and use any information from its own files, databases, references provided by the quoter, or from any source, as it deems appropriate. Evaluation of past performance will be subjective and will take into consideration areas such as schedule performance; quality of services; business relations; management of key personnel; customer satisfaction; and small business utilization. If adverse past performance information is obtained, the respective point of contact will be contacted to obtain additional information about the circumstances surrounding the situation. Quoters will be given an opportunity to address unfavorable reports of past performance to which the quoter has not had a previous opportunity to respond. The quoter's response, or lack thereof, will be taken into consideration. If a quoter does not have a past performance history relating to the solicitation, the quoter will not be evaluated unfavorably and will receive an acceptable risk rating for this factor. Providing incorrect references may affect the overall rating for Factor 2. The following adjectival ratings will be used in evaluating Factor 2: Past Performance Acceptable/Unacceptable Rating Method Adjectival Rating Description Acceptable Based on the offeror's performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror's performance record is unknown. Unacceptable Based on the offeror's performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort. (3) Factor 3. Price Price analysis techniques will be used to evaluate the quoted pricing. Pricing will be evaluated to determine whether the price quoted is fair and reasonable in terms of the Government's requirement and will not receive an adjectival rating. Paragraph (b) is hereby replaced with the following: The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. In addition, given that FAR Clause 52.217-8, Option to Extend Services, provides that the Government may require continued performance of any services within the limits and at the rates specified in the contract (i.e., the rates in effect when the Option to Extend Services clause is exercised), for purposes of evaluating this option, the contracting officer will consider the prices submitted for each year, since those would be the binding prices should this option be exercised. Evaluation of this option shall not obligate the Government to exercise the option. (End of provision) CLAUSES INCORPORATED BY FULL TEXT 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017) ALTERNATE I (OCT 2014) The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision. (a) Definitions. As used in this provision-- "Administrative merits determination" means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. "Arbitral award or decision" means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. "Civil judgment" means-- (1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction. (2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. "DOL Guidance" means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces. "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. "Enforcement agency" means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are-- (1) Department of Labor Wage and Hour Division (WHD) for-- (i) The Fair Labor Standards Act; (ii) The Migrant and Seasonal Agricultural Worker Protection Act; (iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act; (iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act; (v) The Family and Medical Leave Act; and (vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors); (2) Department of Labor Occupational Safety and Health Administration (OSHA) for-- (i) The Occupational Safety and Health Act of 1970; and (ii) OSHA-approved State Plans; (3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for-- (i) Section 503 of the Rehabilitation Act of 1973; (ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and (iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity); (4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and (5) Equal Employment Opportunity Commission (EEOC) for-- (i) Title VII of the Civil Rights Act of 1964; (ii) The Americans with Disabilities Act of 1990; (iii) The Age Discrimination in Employment Act of 1967; and (iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act). "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. "Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. "Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. "Inverted domestic corporation," means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). "Labor compliance agreement" means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters. "Labor laws" means the following labor laws and E.O.s: (1) The Fair Labor Standards Act. (2) The Occupational Safety and Health Act (OSHA) of 1970. (3) The Migrant and Seasonal Agricultural Worker Protection Act. (4) The National Labor Relations Act. (5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act. (6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act. (7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity). (8) Section 503 of the Rehabilitation Act of 1973. (9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. (10) The Family and Medical Leave Act. (11) Title VII of the Civil Rights Act of 1964. (12) The Americans with Disabilities Act of 1990. (13) The Age Discrimination in Employment Act of 1967. (14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors). (15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html). "Labor law decision" means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ``labor laws''. "Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except- (1) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Grades of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) PSC 9610, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 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. "Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business concern under the size standard applicable to the acquisition, that-- (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-- (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition. "Subsidiary" means an entity in which more than 50 percent of the entity is owned- (1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. "Veteran-owned small business concern" means a small business concern- (1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the 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. Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: ``Administrative merits determination'', ``Arbitral award or decision'', paragraph (2) of ``Civil judgment'', ``DOL Guidance'', ``Enforcement agency'', ``Labor compliance agreement'', ``Labor laws'', and ``Labor law decision''. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (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 SAMwebsite. (2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation 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 (u) 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 offerorare applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] (c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that- (i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ ___ ] is, [ ___ ] 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 [ ___ ] is, [ ___ ] 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 [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: ___ (10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that-- (i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and (ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(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. (11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) 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, 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. (d) Representations required to implement provisions of Executive Order 11246 -- (1) Previous contracts and compliance. The offeror represents that -- (i) It [ ___ ] has, [ ___ ] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It [ ___ ] has, [ ___ ] has not, filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that -- (i) It [ ___ ] has developed and has on file, [ ___ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or (ii) It [ ___ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American - 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-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 -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- 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, Panamanian, 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--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, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, 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) or this provision) as defined in the clause of this solicitation entitled "Buy American-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-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-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No.: ___ [List as necessary] (3) Buy American-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--Free Trade Agreements--Israeli Trade Act'': Canadian or Israeli End Products: Line Item No.: Country of Origin: ___ ___ ___ ___ ___ ___ [List as necessary] (4) Buy American-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, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, 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 statute. 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) [ ___ ] Are, [ ___ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and (3) [ ___ ] Are, [ ___ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 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 appear 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 Product 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 is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) [ ___ ] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) [ ___ ] Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] (1) [ ___ ] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [ ___ ] does [ ___ ] does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. (2) [ ___ ] Certain services as described in FAR 22.1003-4(d)(1). The offeror [ ___ ] does [ ___ ] does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards 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 the SAM database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). [ ___ ] TIN: ___. [ ___ ] TIN has been applied for. [ ___ ] TIN is not required because: [ ___ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; [ ___ ] Offeror is an agency or instrumentality of a foreign government; [ ___ ] Offeror is an agency or instrumentality of the Federal Government; (4) Type of organization. [ ___ ] Sole proprietorship; [ ___ ] Partnership; [ ___ ] Corporate entity (not tax-exempt); [ ___ ] Corporate entity (tax-exempt); [ ___ ] Government entity (Federal, State, or local); [ ___ ] Foreign government; [ ___ ] International organization per 26 CFR 1.6049-4; [ ___ ] Other ___. (5) Common parent. [ ___ ] Offeror is not owned or controlled by a common parent: [ ___ ] Name and TIN of common parent: Name ___ TIN ___ (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations- (1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. (2) Representation. The Offeror represents that-- (i) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and (ii) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation. (o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and Certification. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror- (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (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; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50(U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf). (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. (p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a unique entity identifier in the solicitation. (1) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture. (2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following information: Immediate owner CAGE code: ____________________. Immediate owner legal name: _____________________. (Do not use a "doing business as" name) Is the immediate owner owned or controlled by another entity: □ Yes or □ No. (3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information: Highest-level owner CAGE code: __________________. Highest-level owner legal name: ___________________. (Do not use a "doing business as" name) (q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (1) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, The Government will not enter into a contract with any corporation that- (i) 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, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (2) The Offeror represents that- (i) 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 agreement with the authority responsible for collecting the tax liability; and (ii) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code Reporting.) (1) The Offeror represents that it [ ___ ] is or [ ___ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years. (2) If the Offeror has indicated ``is'' in paragraph (r)(1) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order): Predecessor CAGE code: ____ (or mark ``Unknown''). Predecessor legal name: ____. (Do not use a ``doing business as'' name). (s) Representation regarding compliance with labor laws (Executive Order 13673). If the offeror is a joint venture that is not itself a separate legal entity, each concern participating in the joint venture shall separately comply with the requirements of this provision. (1)(i) For solicitations issued on or after October 25, 2016 through April 24, 2017: The Offeror [ ___ ] does [ ___ ] does not anticipate submitting an offer with an estimated contract value of greater than $50 million. (ii) For solicitations issued after April 24, 2017: The Offeror [ ___ ] does [ ___ ] does not anticipate submitting an offer with an estimated contract value of greater than $500,000. (2) If the Offeror checked ``does'' in paragraph (s)(1)(i) or (ii) of this provision, the Offeror represents to the best of the Offeror's knowledge and belief [Offeror to check appropriate block]: [ ](i) There has been no administrative merits determination, arbitral award or decision, or civil judgment for any labor law violation(s) rendered against the offeror (see definitions in paragraph (a) of this section) during the period beginning on October 25, 2015 to the date of the offer, or for three years preceding the date of the offer, whichever period is shorter; or [ ](ii) There has been an administrative merits determination, arbitral award or decision, or civil judgment for any labor law violation(s) rendered against the Offeror during the period beginning on October 25, 2015 to the date of the offer, or for three years preceding the date of the offer, whichever period is shorter. (3)(i) If the box at paragraph (s)(2)(ii) of this provision is checked and theContracting Officer has initiated a responsibility determination and has requested additional information, the Offeror shall provide-- (A) The following information for each disclosed labor law decision in the System for Award Management (SAM) at www.sam.gov, unless the information is already current, accurate, and complete in SAM. This information will be publicly available in the Federal Awardee Performance and Integrity Information System (FAPIIS): (1) The labor law violated. (2) The case number, inspection number, charge number, docket number, or other unique identification number. (3) The date rendered. (4) The name of the court, arbitrator(s), agency, board, or commission that rendered the determination or decision; (B) The administrative merits determination, arbitral award or decision, or civil judgment document, to the Contracting Officer, if the Contracting Officer requires it; (C) In SAM, such additional information as the Offeror deems necessary to demonstrate its responsibility, including mitigating factors and remedial measures such as offeror actions taken to address the violations, labor compliance agreements, and other steps taken to achieve compliance with labor laws. Offerors may provide explanatory text and upload documents. This information will not be made public unless the contractor determines that it wants the information to be made public; and (D) The information in paragraphs (s)(3)(i)(A) and (s)(3)(i)(C) of this provision to the Contracting Officer, if the Offeror meets an exception to SAM registration (see FAR 4.1102(a)). (ii)(A) The Contracting Officer will consider all information provided under (s)(3)(i) of this provision as part of making a responsibility determination. (B) A representation that any labor law decision(s) were rendered against the Offeror will not necessarily result in withholding of an award under this solicitation. Failure of the Offeror to furnish a representation or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (C) The representation in paragraph (s)(2) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous representation, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation in accordance with the procedures set forth in FAR 12.403. (4) The Offeror shall provide immediate written notice to the Contracting Officer if at any time prior to contract award the Offeror learns that its representation at paragraph (s)(2) of this provision is no longer accurate. (5) The representation in paragraph (s)(2) of this provision will be public information in the Federal Awardee Performance and Integrity Information System (FAPIIS). Note to paragraph (s): By a court order issued on October 24, 2016, this paragraph (s) is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require offerors to register in SAM (52.212-1(k)). (1) This representation shall be completed if the Offeror received $7.5 million or more in contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year. (2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)]. (i) The Offeror (itself or through its immediate owner or highest-level owner) [ ___ ] does, [ ___ ] does not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible Web site the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard. (ii) The Offeror (itself or through its immediate owner or highest-level owner) [ ___ ] does, [ ___ ] does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly accessible Web site a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage. (iii) A publicly accessible Web site includes the Offeror's own Web site or a recognized, third-party greenhouse gas emissions reporting program. (3) If the Offeror checked ``does'' in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the Offeror shall provide the publicly accessible Web site(s) where greenhouse gas emissions and/or reduction goals are reported: ___. (u)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (3) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General). (End of provision)
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/USA/MEDCOM/DADA10/W81K04-17-T-0018/listing.html)
Place of Performance: Address: 2199 Storage Street, San Antonio, Texas, 78234, United States; Zip Code: 78234
Record: SN04640082-W 20170824/170822231822-0b7e50ce959f94364da49bd467812540 (fbodaily.com)
Source: FedBizOpps Link to This Notice
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U -- Doctor of Science in Physical Therapy (DScPT) Affiliation Services - Combined Synopsis/Solicitation