Medical Claims Adjudication - Intent to award sole source
The Federal Bureau of Prisons (Bureau) intends to award a SOLE SOURCE contract action to PGBA, LLC., for the acquisition of medical claims adjudication. This is a 2 month contract with 2 one month options which will allow the Bureau to have continuous service of a critical nature. This is a combined synopsis/solicitation for commercial items in accordance with the format in 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 is a Request for Quotation (RFQ) under Number RFQ-NAS150494. The procurement action is not a set-aside as it is a sole source requirement. The North American Industrial Classification System (NAICS) code is 524291 and the small business size standard is $25.0 million. This notice is not a request for competitive quotes.
Line Item:
1) Medical Claims Adjudication to include all necessary labor, equipment and material. February 1, 2015 through March 31, 2015
2) Option Period 1; Medical Claims Adjudication to include all necessary labor, equipment and material. April 1, 2015 through April 30, 2015
3) Option Period 2; Medical Claims Adjudication to include all necessary labor, equipment and material. May 1, 2015 through May 31, 2015
4) Transition-Out to New Contractor
Medical Claims Adjudication is essential to the Bureau's Inmate Medical Program. The resulting contract will be issued for 2 months with two 1 month options to be exercised at the Bureau's discretion. Adjudication services are required to assure daily operations at the BOP. The National Acquisitions & Systems Section intends to make a single award of a firm-fixed price to PGBA, LLC., 160 North Dozier Blvd, Florence, SC 29501. This order is issued FOB destination.
The delivery address is as follows:
Federal Bureau of Prisons
Various Institutions.
CONTRACT CLAUSES:
ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Items (Dec 2014)
The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR Clause 52.212-4.
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): www.acquisition.gov/far Upon request the contracting officer shall provide the full text of any clause incorporated by reference.
52.203-3 Gratuities (Apr 1984)
52.204-4, Printed or Copied Double-Sided on Post Consumer Fiber Content Paper (MAY 2011);
52.212-4, Contract Terms and Conditions-Commercial Items (JUL 2013)
52.224-1 Privacy Act Notification (Apr 1984)
52.224-2 Privacy Act (July 1984)
52.242-13, Bankruptcy (JUL 1995);
52.229-4 Federal, State and Local Taxes (State and Local Adjustments)(Feb 2013)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)
52.203-17 Contractor Employee Whistle blower Rights and Requirement to inform Employees of Whistleblower Rights (Sep 2013)
Clauses By Full Text
52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005) Compliance with Homeland Security Presidential Directive-12 (HSPD- I 2) and Federal Information Processing Standard Publication
201 (FIPS 201) 1 entitled "Personal Identification Verification (PrY) for Federal Employees and Contractors," Phase I.
I. Long-Term Contractor Personnel:
In order to be compliant with HSPD-12/PIV I. the following investigative requirements must be met for each new Jong4erm 2 contractor employee whose background investigation (BI) process begins on or after October 27, 2005:
a, Contractor PersonneJ must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form 1-9, OMB !'lo. 1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued picture ID);
b. Contractor Personnel must appear in person at least once before a DOJ official who is responsible for checking the identification documents. This identity proofing must be completed sometime during the clearance process but prior to badge issuance and must be documented by the DOJ official;
c. Contractor Personnel must undergo a BJ commensurate with the designated risk level associated with the duties of each position. Outlined below are the minimom Bl requirement• for each risk level:
• High Risk- Background Investigation (5 year scope)
Moderate Risk- Limited Background Investigation (LBI) or Minimum Background Investigation (MBI) Low Risk- National Agency Check with Inquiries (NACI) investigation
d. The pre-appointment Bl waiver requirements for all position sensitivity levels are a:
1) Favorable review of the security questionnaire fonn;
2) Favorable fingetprint results;
3) Favorable credit report, if required;3
4) Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level;
and
5) Favorable review of the National Agency Check (l'AC} 4 portion of the applicable BI that is determined by position sensitivity/risk level.
A badge may be issued following approval of the above waiver requirements.
If the NAC is not received within five days of OPM's scheduling date, the badge can be issued based on a favorable review of the Security Questionnaire and the Federal Bureau oflnvestigation Criminal History Check (i.e., fingetprint check results).
e Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the BI results so justifY, badges issued under these procedures will be suspended or revoked.
2. Short-Term Contractor Personnel:
It is the policy of the DOJ that short-term contractors having access to DOJ information systems and/or DOJ facilities or space for six months or fewer are subject to the identity proofing requirements listed in items I a. and lb. above. The pre-appointment waiver re quirements for short-term contractors are:
a, Favorable review of the security questionnaire form;
b. Favorable fingetprint results;
c. Favorable credit report, if required;'and
d. Waiver request memorandum lndicating both the position sensitivity/risk level and the duration of the appointment. The commensurate Bl does not need to be initiated.
A badge may be issued following approval of the above waiver requirements and the badge will expire six months from the date of is suance. This process can only be used once for a short-term contractor in a twelve month period. This will ensure that any consecutive short-term appointments are subject to the full PIV-1 identity proofing process.
For exampleif a contractor employee requires daily access for a three or four-week period, this contractor would be cleared according to the above short-term requirements. However, if a second request is submitted for the same contractor employee within a twelve month period for the putpose of extending the initial contract or for employment under a totally different contract for another three or four-week period, this contractor would now be considered "long-term" and must be cleared according to the long-term requirements as stated in this interim policy.
3. lntermi!lent Contractors:
An exception to the above-mentioned short-term requirements would be intermittent contractors.
a. For purposes of this policy."intermittent" is defined as those contractor employees needing access to DOJ information systems and/ or DOJ facilities or space for a maximum of one day per week, regardless of the duration of the required intermittent access. For ex ample, the water delivery contractor that delivers water one time each week and is working on a one-year contract
b. Contractors requiring intermittent access should follow the Department's escort policy. Please reference the August II, 2004, and January 29, 2001, Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted access.
c. Due to extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intermittent contractor) the same pre-employment background investigation waiver requirements that apply to short-tenn contractors are required.
d. If an intermittent contractor is approved for unescorted access, the contractor will only be issued a daily badge. The daily badge will be issued upon entrance into a DOJ faciHty or space and must be returned upon exiting the same facility or space.
e. If an intennittent contractor is approved for unescorted access, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor will need to be re approved each year.
4. An individual transferring from another department or agency shall not be re-adjudicated provided the individual has a current (within the last five years), favorably adjudicated Bl meeting HSPD-12 and DOrs BI requirements.
5. The DOJ 1s current escorted contractor policy remains unchanged by this acquisition notice.
Nt>tes:I. FIPS 201 is available at: www.csrc.nist.govipublicationsifips!fips201/FIPS-201-022505.pdf
2. Under HSPD-12, long-term contractors are contractors having access to DOJ infonnation systems and/or DOJ facilities or space for six months or longer. The PIV-I identity proofing process; including initiation and adjudication of the required background investiga tion, is required for aH new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase of HSPD-12 implementation (PIV-II) requires badge issuance to all affected long-term contractors.
3. For contractors in position sensitivity/risk JeveJs above level 1. a favorable review of a credit check is required as part of the preappointment waiver package.
4, In order to avoid a delay in the hiring process, components should request an Advance NAC Report when initiating investigations to OPM. Per OPM 's instructions, to obtain an Advance NAC Report, a Code" 3" must he placed in block" B" of the" Agency Use Only" section of the investigative form. This report is available for all case types.
5.For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre appointment waiver package,
[End of Clause]
52.224-102 (a) SECURITY OF SYSTEMS AND DATA, INCUJD!NG PERSONALLY IDENTIFIABLE !NFORMATION (MAR
2008)
a, Systems Security:
The work to be performed under this contract requires the handling of data that originated within the Department, data that the con tractor manages or acquires for the Department, and/or data that is acquired in order to perform the contract and concerns Department programs or personneL
For all systems handling such data, the contractor shall comply with all security requirements applicable to Department of Justice Sys tems, including by not limited to all Executive Branch system security requirements (e.g., requirements imposed by OMB and NIST), DOJ IT Security Standards and DOJ Order 2640.2E. The contractor shall provide DOJ access to and information regarding the con tractor's systems when requested by the Department in connection with its efforts to ensure compliance with all such security require ments, and shall otherwise cooperate with the Department in such efforts. DOJ access shall include independent validation testing of controls, system penetration testing by DOJ, FJSMA data reviews, and access by the DOJ Office of the Inspector General for its re views,
The use of contractor-owned laptops or other media storage devkes to process of store data covered by this clause is prohibited until the contractor provides a letter to the Contracting Officer (CO) certifying the following requirements:
I. Laptops must employ encryption using a NIST Federal Information Processing Standard (FIPS) 140-2 approved product;
2. The contractor must develop and implement a process to ensure that security and other appHcations software is kept up-to-date;
3. Mobile computing devices will utilize anti-viral software and a host-based firewall mechanism;
4. The contractor shall log all computer-readable data extracl< from databases holding sensitive information and verify each extract in cluding sensitive data has been erased within 90 days or its use is still required. All DOJ information is sensitive information unless designated as non-sensitive by the Department;
5. Contractor-owned removable media, such as removable hard drives, flash drives, CDs, and floppy disks, containing Dill data, shall not be removed from DOJ facilities unless encrypted using a NIST FIPS 140-2 approved product;
6. When no longer needed, all removable media and laptop hard drives shall be processed {sanitized, degaussed, or destroyed) in accordance with security requirements applicable to DOJ;
7, Contracting firms shall keep an accurate inventory of devices used on DOJ contracts;
8. Rules of behavior must be signed by users. These rules shall address at a minimum: authorized and official use; prohibition against unauthorized users; and protectlon of sensitive data and personaHy identifiable information.
9. All DOJ data will be removed from contractor-owned laptops upon termination of contractor work. This removal must be accom plished in accordance with DOJ IT Security Standard requirements. Certification of data removal will be performed by the Contract or's project manager and a letter confirming certification will be delivered to the CO within !5 days of termination of contractor work. b. Data Security:
By acceptance of, or perfonnance on, this contract, the contractor agrees that v.ith respect to the data identified in paragraph a, in the event of any actual or suspected breach of such data (Le.• loss of control, compromise, unauthorized disclosuret access for an unau thorized purpose, or other unauthorized access, whether physical or electronic), the contractor will immediately (and in no event later than within one hour of discovery) report the breach to the DOJ CO and the contracting officer's technical representative (COTR).
If the data breach occurs outside of regular business hours and/or neither the CO or the COTR can be reached, the contractor shall call the DOJ Computer Emergency Readiness Tearn (DOJCERT) at 1-866-US4-CERT (I -866-874-2378) within one hour of discovery of the breach, The contractor shall also notify the CO as soon as possible during regular business hours.
c. Personally Identifiable Information Notification Requirement:
The contractor further certifies that it has a security policy in place that contains procedures to promptly notify any individual whose personally identifiable information (as defined by OMB) was, or is reasonably believed to have been, breached. Any notification shall be coordinated with the Department, and shall not proceed until the Department has made a determination that notification would not impede a law enforcement investigation or jeopardize national security. The method and content of any notification by the contractor shall be coordinated with, and be subject to the approval, of the Department. The contractor assumes full responsibility for taking cor• rective action consistent with the Department's Data Breach Notification Procedures, which may include offering credit monitoring when appropriate.
d. Pass-through of Security Requirements to Subcontractors
The requirements set forth in Paragraphs a through c above, apply to all subcontractors who perform work in connection with this contract For each subcontractor, the contractor must certifY that it has required the subcontractor to adhere to an such requirements. Any breach by a subcontractor of any of the provisions set forth in this clause will be attributed to the contractor.
[End of Clause]
52.239-101 DOJ Residency Requirement- Information Technology (NOV 2008)
Department of Justice (DOJ) Order 2640.2F prohibits the use of non-U.S. citizens in the performance of this contract or commitment for any position that involves access to or assisting in the development, operation, management, or mainten-
ance of any DOJ Information Technology System. By signing this contract or by beginning performance, the contractor agrees to this restriction.
[End of Clause]
52.216-18 Ordering (Oct 1995)
(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 Schedule. Such orders may be issued from 2/1/2015
through 3/31/2015
(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) , a delivery order or task order is considered "issued" when the Government deposits the order in the maiL Orders lllllY be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
(End of clause)
52.216-19 Order Limitations (Oct 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contrdct in an amount of Jess than l, 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-- (I) Any order for a single item m excess of 300 units;
(2) Any order for a combination of items in excess of 26,700 units; or
(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regula tion (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) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limita tions in paragraph (b), unless that order (or orders) is returned to the ordering office within Idays 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)
52.216-21 Requirements (Oct 1995)
(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule; that fact shall not constitute the basis for an equitable price adjustment
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.
(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this con
tract.
(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified un der this contract, and if the Contractor will not aceept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source,
(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Con tractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect ro that order to the same extent as if the order were completed during the contract's effective period; provided, that the Con tractor shall not he required to make any deliveries under this contract after the last day of the performance period.
(End of clause)
52.217-8 Option to Extend Services (Nov 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Of ficer may exercise the option by written notice to the Contractor within the performance period.
(End of clause)
52.242-71 EVALVATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR 2011)
The services, although not directly supervised, shall be reviewed by Federal Bureau of Prisons (BOP) staff to ensure contract compli ance. The contractor's performance will be evaluated in accordance with FAR 42. 15. Contract moniroring reports will be prepared by the Contacting Officer's Representative (COR) and maintained in the contract file.
In accordance with FAR 42.1502 and 42.1503, agencies shall prepare an evaluation of contractor performance and submit it to the Past Performance Information Retrieval System (PPIRS). The BOP utilizes the Department of Defense (DOD) web-hased Contra<'!or Performance Assessment Reporting System (CPARS) to provide contractor performance evaluations. The contractor shall provide and maintain a current e-mail address throughout the life of the contract. The contracror will receive an e-mail from the Focal Point thru the following website address webptsmh@navy.milwhen the contract is registered in CPARS. The e-mail will contain a "user ID" and temporary password to register in the CPARS system. The contractor must be registered to access and review its eva1uation and!or provide a response. If assistance is: required when registering, please contact the Contracting Staff Focal Point.
(End of Clause)
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive
Orders-Commercial Items (Dec 2014)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) (2) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
Alternate I (Aug 2007) of52.222-50 (22 U.S.C. 7104(g)).
(3) 52.233-3, Proll!stAfter Award (Aug 1996) (31 U.S.C. 3553).
(4) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004 )"(Public Laws l 08-77 and I08-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incor porated in this contract by reference to imp1ement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
X (I) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Altemall! I (Oct 1995) (41 U.S.C. 4704 and10U.S.C. 2402).
X(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509)).
(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of2009.)
X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul20!3) (Pub. L 109-282)(31 U.S.C. 6101 note).
(5) [Reserved].
(6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 ofDiv. C).
(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L 111-117, section 743 of Div.C).
X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).
X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). (10) [Reserved].
52.219-3, Notice ofHUBZone Set-Aside or Sole-Source Award ()\ov 2011) (15 U.S.C. 657a).
(ii) Alternate I (Nov 2011) of 52.219-3.(12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
(ii) Alternate I (Jan 2011) of 52.219-4. (13) [Reserved]
(l4)(i) 52.219-6, Notice ofTotal Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).
(ii) Alternate I (Nov 2011). (iii) Alternate II (Nov 2011 ).
(15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). (ii) Alternate I (Oct 1995) of52.219-7.
(iii) Alternate II (Mar 2004) of 52.219-7.
X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637(dX4)).
(ii) Alternate I (Oct 2001) of 52.219-9.
(iii) Alternate 11 (Oct 2001) of52.219-9.
(iv) Alternate III (Oct 2014) of 52.219-9.
(18) 52.219-!3, Notice of Set-Aside of Orders (Nov 2011X15 U.S.C. 644(r)).
(19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).
(20) 52.219-16, Liquidated Damages--Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)}.
{21) 52.219-27, :Sotice of Service-Disabled Veteran-Owned Small Business Set-Aside ()\ov 2011) (15 U.S.C. 657 f).
X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul2013) (15 U.S.C. 632(a)(2)).
(23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).
(24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).
X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).
X (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
X (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
X (29) 52.222-35, Equal Opportunity for Veterans (Jul2014X38 U.S.C. 4212).
X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul2014) (29 U.S.C. 793).
X (31) 52.222-37, Employment Reports on Veterans (Jul2014) (38 U.S.C. 4212).
X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
(33) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
(34)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.
6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off the-shelf items.)
(35)(i) 52.223-13, Acquisition ofEPEAT®-Registered Imaging Equipment (Jun 2014) (E.O. 13423 and 13514). (ii) Alternate I (Jun 2014) of52.223-13.
(36)(i) 52.223-14, Acquisition ofEPEAT®-Registered Televisions (E.O. 13423 and 13514). (ii) Alternate I (Jun 2014) of 52.223-14.
(37) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. &259b).
(38)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Jun 2014) (E.O. 13423 and 13514). (ii)
Alternate I (Jun 2014) of 52.223-16.
X (39) 52.223-18, Eocouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).
(40) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).
(4l)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19L'.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
(ii) Alternate I (May 2014) of 52.225-3. (iii) Alternate II (May 2014) of 52.225-3. (iv) Alternate III (May 2014) of 52.225-3.
(42) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
43) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
(44) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; I 0 U.S.C. 2302 Note).
(45) 52.226•4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
(46) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
X(47) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 L'.S.C. 2307(f)).
(48) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
X (49) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Ju12013) (31 U.S.C. 3332).
(50) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul2013) (31 U.S.C. 3332).
(51) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
X(52) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
(53)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 124l(b) and 10 U.S.C 2631).
(ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply witlt the FAR clauses in this paragraph (c), applicable to commercial services, !hat the Contracting Officer.indicated as beig !ncorporated in this contract by reference to implement provisions of law or Executive orders applicable to acqmsttlons of commerctal•tems:
[Contracting Officer check as appropriate.]
(I) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
(3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
(4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (May 2014) (29 U.S.C. 206 and 41U.S.C. chapter 67).
(5) 52.222-51, Exemption from Application of !he Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(6) 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).
(7) 52.222-17, Nondisplacernent of Qualified Workers (May 2014) (E.0.13495).
(8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S-C. I 792).
(9) 52.237-1 I, Accepting and Dispensing of$1 Coin (Sept 2008) (31 U.S.C. 51!2(p)(1)).
(10) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658).
(d) Comptroller General Examination of Record. The Contractor shall comply wilh tlte provisions ofthis paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshoJd, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.
(I) The Comptroller General of the United States, or an authorized representative ofthe 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, ofthc other clauses of this contract If this contract is completely or partially terminated, the records re lating to the work tenninated 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 fonn. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(!) Notwilhstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(!) in a subcontract for commercial items. Unless otherwise indic ated below, the extent of the flow down shall be as required by the clause--
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 20 I 0) (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. lfthc subcontract (except subc<>ntracts 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.0. 13495). Flow down required in accordance with paragraph
(I) of FAR clause 52.222-17.
(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (Jul2014) (38 U.S.C. 4212).
(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul20l4) (29 U.S.C. 793). (vii) 52.222-37, Employment Reports on Veterans (Jul20l4) (38 U.S.C. 4212)
(viii) 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) ofFAR clause 52.222-40.
(ix) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (x) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). Alternate I (Aug 2007) of52.222-50 (22 U.S.C. 7104(g)).
(xi) 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).
(xii) 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).
(xiii) 52.222-54, Employment Eligibility Verification (Aug 2013).
(xiv) 52.225-26, Contractors Perfonning Private Secutity Functions Outside the United States (Jul2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xv) 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.
(xvi) 52.247-64, Preference for Privately Owned U.S.-Fiag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 124l(b) and lO U.S.C.2631}. Flow down required in accordance with paragraph (d) ofFAR clause 52.247-64.
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658).
(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)
SOLICITATION PROVISIONS:
ADDENDUM TO FAR 52.212-1, Instructions to Offerors -Commercial Items (JUL 2013)
The terms and conditions for the following provisions are herby incorporated into this solicitation as an addendum to FAR provision 52.212-1.
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): www.acquisition.gov/far
52.209-7, Information Regarding Responsibility Matters (Jul 2013);
52.212-3, Offeror Representations and Certifications -Commercial Items (Aug 2013);
52.233-2 Service of Protest (SEPT 2006) - (a) Procurement Executive, BOP, 320 First Street, N.W., Room 5005, Washington, DC 20534
52.223-16 IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007)
52.212-1 Instructions to Offerors--Commercial Items (Jul 2013)
The combined synopsis/solicitation will be distributed solely through the website at www.fedbizopps.gov. All future information concerning this acquisition including amendments will be distributed through the website.
Quotes are due January 29, 2015 at 4:00 PM Eastern Standard Time to dgrube@bop.
Questions regarding the requirement may be emailed in writing to Donna Grube, Contract Specialist at dgrube@bop.gov.
Donna K Grube, Contract Specialist, Phone 202-616-6150, Email dgrube@bop.gov
