PRESOL | Q | Optical Services | 01-Sep-12

FBO DAILY ISSUE OF SEPTEMBER 01, 2012 FBO #3934
SOLICITATION NOTICE

Q -- Optical Services

Notice Date: 8/30/2012
Notice Type: Combined Synopsis/Solicitation
NAICS: 621320 — Offices of Optometrists
Contracting Office: Department of Labor, Employment Training Administration, Fred G. Acosta Job Corps Center, 901 South Campbell Avenue, Tucson, Arizona, 85719-6596
ZIP Code: 85719-6596
Solicitation Number: 2012008OD
Archive Date: 10/2/2012
Point of Contact: Tammera Cardinal, Phone: 520-879-9189
E-Mail Address: cardinal.tammera@jobcorps.org
(cardinal.tammera@jobcorps.org)
Small Business Set-Aside: N/A
Description: RFP's are being accepted for OPTICAL SERVICES. This is a sealed bid propasel, we will not accept emailed or faxed proposals. Interested parties are to determine their offer based on specifications. The Fred G. Acosta Job Corps Center reserves the right to reject any or all bids, to waive any or all informalities. ResCare Inc. is an Equal Opportunity Employer and operates the FredG. Acosta Job Corps Center for the U.S. Department of Labor. FRED G. ACOSTA JOB CORPS CENTER 901 S. CAMPBELL AVENUE TUCSON, AZ 85719 (520) 879-9189 FAX (520) 879-9134 DATE: September 1, 2012 TO: Prospective Subcontractors RE: Optical Services The following information has been provided to help you assess the Request for Proposal Specifications: Specifications HIPAA Agreement Clauses-Federal Acquisition Regulations Clauses-ResCare, Inc Due Date: September 17, 2012 10:00 AM Proposals must be sealed and delivered to the Procurement Office. Please clearly mark the outside of the envelope SEALED BID/ CONFIDENTIAL Point of Contact: Tammera Cardinal Procurement Specialist 901 S Campbell Avenue Tucson, AZ 85719 (520) 879-9189 cardinal.tammera@jobcorps.org PLEASE DO NOT FAX OR EMAIL YOUR PROPOSAL FRED G. ACOSTA JOB CORPS CENTER 901 S. CAMPBELL AVENUE TUCSON, AZ 85719 (520) 879-9189 FAX (520) 879-9134 OPTOMETRIST SERVICES SUBCONTRACT The undersigned Center Optometrist, ____________, agrees to provide students of the Fred G. Acosta Job Corps Center facility, with services stated within. Such services will be provided at his/her office as needed with appointments made by the Center. The period of performance for this agreement is from September 1, 2012 through August 31, 2013 with one (1) Option Years extending to August 31, 2014. Bid Amount Bid Amount Eye Exam Glasses $ Base (1 Year) - 9/1 /12 through 8/31/13 $ Option Year One - 9/1/13 - 8/31/14 There are two periods of two weeks each, during the Winter Holiday Season and a Summer Break that services will not be necessary, as most students have returned home. This agreement may not be modified or added to, except by a written instrument signed by both parties. This agreement may be extended by mutual agreement of both parties with written notices. I. Definitions: "Center" as used in these specifications shall mean the Fred G. Acosta Job Corps Center, a residential/nonresidential training and education institution located at 901 S. Campbell Avenue, Tucson, Arizona. "Center Director" as used in these specifications shall mean the individual duly appointed by the Center Operator with the responsibility and authority for planning, budgeting, contracting, directing and operating the entire program at the Center. "Center Operator" as used in these specifications shall mean ResCare. "Students" as used in these specifications shall mean those individuals who are enrolled at the Center and entitled to services as hereinafter defined. "Subcontractor" as used in these specifications shall mean ________________ (proposed subcontractor), whose personnel are certified and/or licensed by the state of Arizona as required. "Department of Labor" as used in these specifications shall mean the United States Department of Labor, Office of Job Corps or its designee. II. Statement of Work Pursuant to its contract with the Department of Labor, the Center Operator is obligated to provide training services and a Health and Wellness Program to students. Therefore, the Center Operator hereby engages the Subcontractor, and the Subcontractor hereby agrees to perform services related to the foregoing Health and Wellness Program. Specifically, the Subcontractor agrees to perform the tasks and services set forth in the statement of work, which is hereby incorporated. Section A Subcontractor shall provide adequate licensed personnel to perform ocular services for students, including but not limited to: * Ocular examination. * Prescription, procurement and fitting of eye glasses as necessary. * Referrals as required with the approval of the Center Health Services Supervisor. * Maintaining the accuracy and confidentiality of all required health and wellness records when they are in the Subcontractor's presence. * Enforcing appropriate students workplace behavior when students are in the office or waiting area. * Cooperating with Corporate and Regional Office Center Assessments. * The Subcontractor shall identify one health professional to assume the responsibilities of the Center Optometrist. SECTION B Indemnification and Insurance The Subcontractor does hereby agree to indemnify and hold harmless the Center Operator; the Center; the Department of Labor and their officers, agents and employees from any claim, action, lawsuit or liability for injury or damage to any person or property arising out of performance of this agreement. Independent Contractor This agreement is not intended by the parties to constitute or create a joint venture, partnership, formal business organization of any kind, or employer/employee relationship between the parties, and the rights and obligation of all parties shall be only those expressly set forth herein. Neither party shall have authority to bind the other except to the extent authorized herein. The parties to this agreement shall remain as independent contractors at all times, and neither party shall act as the agent for the other. Subcontractor shall secure and keep current, at its own expense, all licenses and other certifications required by law or otherwise necessary to fulfill the statement of work. Subcontractor shall be solely and exclusively liable to third parties for all costs incurred by the Subcontractor and for all claims of damage against the Subcontractor arising out of or based on Subcontractor's performance of this agreement, and is responsible for maintaining proper insurance, at the Subcontractor's sole expense to cover any and all such contingencies. Subcontractor shall also assume full responsibility for payment of any and all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security, and income tax laws, with respect to Subcontractor's performance under this agreement. Termination of Agreement This agreement may be terminated by the Center Operator, Department of Labor, or Subcontractor upon 30 days written notice. The notice shall be effective on the same date as duly posted in the United States mail, certified, addressed and postage paid. The notice shall be sent to the Fred G Acosta Job Corps Center, 901 S Campbell Avenue, Tucson, AZ 85719. III. GENERAL PROVISIONS * The Subcontractor agrees to perform its services in accordance with professional standards, policies, procedures, and guidelines as may be established, from time to time, by the Department of Labor and/or the Center Operator. The Subcontractor further agrees and acknowledges that the Department of Labor and the Center Operator reserve the right to change, modify, alter and revoke the said policies, procedures and guidelines. * No services under this agreement shall be delegated or subcontracted without express written permission of the Center Operator. * The Center Operator may at any time, by written order, make reasonable requests for amendments and additions, within the general scope of this agreement, in the definition of services and tasks to be performed, the time, and the place of performance thereof. * The Subcontractor shall maintain confidential health records on each student. Those records shall be maintained in accordance with all Department of Labor and Job Corps standards and shall be the property of the Department of Labor. * HIPAA federal privacy rules must be adhered to. See Attachment. * The Subcontractor shall make no public statements with respect to this agreement or its work there under and shall issue no public statements or advertising or conduct research related thereto without the prior written approval of the Center Director and the Department of Labor. * Upon award, the Subcontractor shall provide the Center Operator with current copies of professional licenses and insurance certificates. * It is understood and agreed that the services provided by the Subcontractor are subject to monitoring and review by the Department of Labor. * That this agreement is subject to the terms and conditions of the Center Operators' Prime Contract and certain provisions contained therein may be applicable to the Subcontractor. It is hereby understood and agreed that the provisions set forth in the attachment, are hereby incorporated into this agreement by reference and shall have the same force and effect as though set out in full text herein. * The agreement shall be construed and enforced in accordance with the laws of the state of Arizona. * If any term or provision of this agreement is held to be illegal, invalid, void, and/or unenforceable, for any reason, such term or provision shall be fully severable; this agreement shall be construed and enforced as if such illegal, invalid, void, and/or unenforceable term or provision had never comprised a part of this agreement; and the remaining terms and provisions of this agreement shall remain in full force and effect. * This agreement can only be modified in writing executed by each of the parties or their authorized representatives. * This writing is intended by the parties to be the final expression of their proposal and is a complete and exclusive statement of its terms, and all communications, negotiations considerations, and representations, whether written or oral, between the parties with respect to the subject matter of this agreement are incorporated. Other than as specifically set forth in this agreement, no representations, understandings, and/or agreements have been made or relied upon in the making of this agreement. ALL CONTRACT ACTIONS ARE SUBJECT TO THE APPROVAL OF THE U.S. DEPARTMENT OF LABOR IN ACCORDANCE WITH FEDERAL REGULATORY PROCEDURES AND MANDATES OF THE FEDERAL REGISTER. _______________________________ _________________ Authorized Bidder Signature Date PROFESSIONAL SERVICE AGREEMENT Health Insurance Portability and Accountability Act HIPAA This document shall serve as an amendment to the existing Professional Service Agreement between the Fred G Acosta Job Corps Center who is a Business Associate as defined in 160.103 of the Privacy Rule, as defined below and ____________________("Provider") which is a Covered Entity as defined in Section 160.103 of the Privacy Rule and shall be fully incorporated in to the Agreement related to the requirements of HIPPA, as defined below. Parties Rights and Obligation Pursuant to the HIPAA Privacy Rule. The rights and obligations of the parties as described below are established according to the Health Insurance Portability and Accountability Act of 1996 ("HIPAA" or "the Act") and the Privacy Rule (45 C.F.R. Parts 160 and 164) established by the Department of Health and Human Services pursuant to the Act (the "Privacy Rule"). •1. Definitions. The following terms shall have the same meaning as those terms in the Privacy Rule: Business Associate, Covered Entity, Individual, Protected Health Information, Data Aggregation. •2. Subcontractor's Obligations •(a) Subcontractor agrees not to use or disclose, and to use appropriate safeguards to prevent use or disclosure of protected health information other than permitted or required by the Agreement or as required by law. •(b) Subcontractor agrees to mitigate, to the extent practicable, any harmful effect that it is aware of, that result from a use or disclosure of protected health information be it in violation of the requirements of this Agreement. •(c) Subcontractor agrees to report to the Provider any use or disclosure of the protected health information not provided for by this Agreement, or security incident involving the protected health information of which it becomes aware. •(d) Subcontractor agrees to ensure that its agents, including subcontractors, agree to the same restrictions and conditions that apply through this Agreement, with respect to the use or disclosure of protected health information received by or on behalf of, or created for the Provider. •(e) Subcontractor agrees to provide access to protected health information to Provider, or at the Provider's request to an Individual in accordance with the requirements of 45 CFR 164.524. •(f) Subcontractor agrees to make any amendment(s) to protected health information that Provider directs or agrees to pursuant to the standard set forth in 45 CFR 164.526. •(g) Subcontractor agrees to make available to the Secretary or his designee its internal practices, books, records, policies and procedures or those of the Provider used by Subcontractor related to the use and disclosure of protected health information for the purpose of determining Provider's compliance with the Privacy Rule. The Secretary shall have access to such information in the time period and manner agreed to by the parties or prescribed by the Privacy Rule. •(h) Subcontractor agrees to maintain documentation of and information related to its uses and disclosures of protected health information to permit Provider to provide an accounting of disclosures as prescribed by 45 CFR 164.528. •(i) Subcontractor agrees to implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of the electronic protected health information that it creates, received, maintains, or transmits on behalf of the Covered Entity. 3. Permitted Uses and Disclosures by Subcontractor (a) Except as otherwise limited in this Agreement or by the Privacy Rule, Subcontractor may use or disclose protected health information to the extent necessary to permit it to carry out its obligations under the agreement and for its own management and administration. (b) Subcontractor may use protected health information to provide aggregation to the Provider. (c) Subcontractor may use protected health information to report violations of law to the appropriate federal and state authorities in a manner consistent with the Privacy Rule. 4. Provider's Obligations •(a) Provider agrees to comply with all applicable provisions of the Privacy Rule. Provider has developed a plan with applicable policies and procedures to insure compliance with the terms of the Privacy Rule. 5. Termination •(a) In addition to the termination provisions in the Agreement, Provider shall have the right to take the following steps if it becomes aware that the Subcontractor has materially breached Provider's Privacy policies and procedures or becomes aware that the Subcontractor has violated a material provision of the Privacy Rule: 1. Provide the Subcontractor with the opportunity to cure the breach or violation, or 2. Immediately terminate the Agreement if Subcontractor is unable or unwilling to cure the breach or violation, or 3. If neither termination nor cure is feasible, the Provider shall report the violation to the Secretary. •(b) If the contract is terminated, Subcontractor shall return all protected health information received from Provider or created or received by Subcontractor on behalf of the Provider. This provision shall also apply to protected health information that is in the possession of subcontractors or agents of the Subcontractor. Subcontractor shall retain no copies of the protected health information. •(c) If Subcontractor cannot return or destroy the protected health information Subcontractor shall notify Provider of the reasons that the information cannot be returned or destroyed. Subcontractor shall apply the provisions of this Agreement to such protected health information and limit its further uses and disclosures. •6. Miscellaneous •(a) Survival. The respective rights and obligations of Subcontractor under Section 5(b) and 5(c) of this amendment shall survive the termination of the Agreement and the other provisions of this Agreement. •(b) Interpretation. Any ambiguity related to any provision of this Agreement shall be resolved to permit the Provider and the Subcontractor to comply with the Privacy Rule. ALL CONTRACT ACTIONS ARE SUBJECT TO THE APPROVAL OF THE U.S. DEPARTMENT OF LABOR IN ACCORDANCE WITH FEDERAL REGULATORY PROCEDURES AND MANDATES OF THE FEDERAL REGISTER. SUBCONTRACTOR By ________________________________ Title _______________________________ FEDERAL ACQUISITION CLAUSES 2012 CONTRACT CLAUSES 52.252-2 Clauses Incorporated by Reference This contract incorporates the following clauses by reference, with the same force and effect as if they were given in full text. Full Text is made available upon request. CLAUSE NUMBER TITLE 52.202-01 Definitions (Jul 2004) 52.203-03 Gratuities (Apr 1984) 52.203-05 Covenant against Contingent Fees (Apr 1984) 52.203-07 Anti Kickback Act (Jul 1995) 52.204-01 Approval of Contract (Dec 1989) 52.209-05 Certification Regarding Responsibility Matters (Dec 2008) 52.209-06 Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended or Proposed for Debarment (Sep 2006) 52.214-03 Amendments to Invitation for Bids (Dec 1989) 52.214-04 False Statement in Bids (Apr 1984) 52.214-05 Submission of Bids (Mar 1997) 52.214-06 Explanation to Prospective Bidders (Apr 1984) 52.214-07 Late Submissions, Modifications and Withdrawals of Bids (Nov 1999) 52.215-01 Instruction to Offerors-Competitive Acquisition (Jan 2004) 52.215-02 Audit and Records-Negotiation (Mar 2009) 52.216-07 Allowable Cost and Payment (Dec 2002) 52.216-24 Limitation of Government Liability (Apr 1984) 52.216-25 Contract Definitization (Oct 1997) 52.217-08 Option to Extend Services (Nov 1999) 52.217-09 Option to Extend the Term of the Contract (Mar 2000) 52.219-08 Utilization of Small Business Concerns (May 2004) 52.219-09 Small Business Subcontracting Plan (Apr 2008) 52.222-01 Notice to the Government of Labor Disputes (Feb 1997) 52.222-03 Convict Labor (Jun 2003) 52.222-04 Contract Work Hours and Safety Standards Act, Overtime Compensation (Jul 2005) 52.222-21 Prohibition of Segregated Facilities (Feb 1999) 52.222-26 Equal Opportunity (Mar 2007) 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era and Other Eligible Veterans (Sep 2006) 52.222-36 Affirmative Action for Workers with Disabilities (Jun 1998) 52.222-43 Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Years and Option Contracts) (Nov 2006) 52.223-01 Bio-based Product Certification (Dec 2007) 52.223-02 Affirmative Procurement of Bio-based Products under Service and Construction Contracts (Dec 2007) 52.223-03 Hazardous Material Identification and Material Safety Data (Jan 1997) 52.223-05 Pollution Prevention and Right-To-Know Information (Aug 2003) 52.223-06 Drug Free Workplace (May 2001) 52.223-10 Waste Reduction Program (Aug 2000) 52.224-02 Privacy Act (Apr 1984) 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008) 52.229-03 Federal, State and Local Taxes (Apr 2003) 52.232-01 Payments (Apr 1984) 52.232-07 Payment under Time-and-Materials and Labor-Hour Contracts (Feb 2007) 52.232-09 Limitation on Withholding Payments (Apr 1984) 52.232-18 Availability of Funds (Apr 1984) 52.232-19 Availability of Funds for Next Fiscal Year (Apr 1984) 52.232-20 Limitation of Cost (Apr 1984) 52.232-22 Limitation of Funds (Apr 1984) 52.232-23 Assignment of Claims (Jan 1986) 52.233-01 Disputes (July 2002) 52.233-02 Service of Protest (Sep 2006) 52.233-03 Service of Protest After Award (Aug 1996) 52.237-01 Site Visit (Apr 1984) 52.237-03 Continuity of Service (Jan 1991) 52.237-07 Indemnification and Medical Liability Insurance (Jan 1997) 52.242-13 Bankruptcy (July 1995) 52.243-01 Changes--Fixed Prices (Aug 1987) 52.243-02 Changes--Cost Reimbursement (Aug 1987) 52.244-02 Subcontracts (Jun 2007) 52.244-05 Competition in Subcontracting (Dec 1996) 52.245-05 Government Property (Cost-Reimbursement, Time and Materials, or Labor Hour Contracts) (Jun 2003) 52.249-02 Termination for Convenience of the Government (Fixed Price) (May 2004) 52.249-04 Termination for the Convenience of the Government (Service) (Short Form) (Apr 1984) 52.249-08 Default (Fixed Price Supply and Service) (Apr 1984) 52.249-14 Excusable Delays (Apr 1984) Compiled by ResCare/FGAJCC for Medical RFP/Contracts August 29, 2012 RESCARE CLAUSES Government Approval ResCare, is entering into this agreement on behalf of the Federal Government, and, therefore, it will not be effective until approved in writing by the U. S. Department of Labor, Employment and Training Administration's Contracting Officer or designated representative. Contract Termination-Debarment A breach of the Clauses hereof entitled "Davis-Bacon Act". "Contract Work Hours and Safety Standards Act--Overtime Compensation", "Apprentices and Students", "Payrolls and Basic Records", "Compliance with Copeland Regulations", "Withholding of Funds" and "Subcontracts" may be grounds for termination of the contract, and for debarment as provided in 48CFR 9.406. Duplication of Efforts The subcontractor hereby certifies that costs of work to be performed under this contract and any subcontract here-under are not duplicative of any costs charged against any other government contract, subcontract, or other government source. The subcontractor will include the provisions of this paragraph in every subcontract issued hereunder which exceeds $2,500. The subcontractor agrees to advise the Contracting Officer in writing of any other government contract or subcontract it has performed, or is performing, which involves work directly related to the purpose of this contract. Submission of Correspondence All correspondence relating to contractual aspects shall be directed to the attention of the Contracting Officer at the address listed on the face sheet of this contract. Disputes (a) This contract is subject to the Contract Disputes Act of 1978 (41 U.S.C. 601-613) (The Act). (b) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause. (c) "Claim" as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment of interpretation of contract terms, or other relief arising under or relating to this contract. A Claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant. However a written demand or written assertion by the contractor seeking the payment of money exceeding $50,000 is not a claim under the Act until certified as required by subparagraph (d)(2) below. A voucher, invoice, or other routine request for payment is not in dispute when submitted is not a claim under the Act. The submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. (d) (1) A claim by the subcontractor shall be made in writing and submitted to the Contracting Officer for written decision. A claim by the Government against the subcontractor shall be subject to a written decision by the Contracting Officer. (2) For subcontractor claims exceeding $50,000, the subcontractor shall submit with the claim a certification that: (i) The claim is made in good faith. (ii) Supporting data is accurate and complete to the best of the subcontractor's knowledge and belief. And (iii) If the subcontractor is not an individual, the certification shall be executed by: (a) A senior company official in charge at the subcontractor's plant or location involved. Or - (b) An officer or general partner of the subcontractor having overall responsibility for the conduct of the subcontractor's affairs. (e) For subcontractor claims of $50,000 or less, the Contracting Officer must, if requested in writing by the subcontractor, render a decision within 60 days of the request. For contractor-certified claims over $50,000, the Contracting Officer must, within 60 days, decide the claim or notify the subcontractor of the date by which the decision will be made. (f) The Contracting Officer's decision shall be final unless the subcontractor appeals or files a suit as provided in the Act. (g) The government shall pay interest on the amount found due and paid from: (1) The date the Contracting Officer received the claim (properly certified if required). Or - (2) The date payment otherwise would be due if that date is later, until the date of payment. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6 month period as fixed by the Treasury Secretary during the pendency of the claim. (h) The subcontractor shall proceed diligently with the performance of this contract, pending final resolution of any request for relief claim, appeal, or action arising under the contract and comply with any decision of the Contracting Officer. Occupational Safety and Health Act (a) In the performance of this contract, the subcontractor agrees to provide all students, who legally are federal employees for occupational safety and health purposes, with safety and health protection which shall be at least as effective as that which is required under the Occupational Safety and Health Act of 1970 (29 U.S.C.) and 29 Code of Federal Regulations (CFR) Parts 1910, 1926, and 1960. (b) All records pertaining to occupational injuries and illnesses of students shall be maintained in accordance with the provisions of 29 CFR 1960 and as specified by Department of Labor, Manual of Administration, Chapter 800 and National Office instructions. (c) The Subcontractor agrees to include the substance of this clause in all subcontracts which provide for the training of students. (d) Failure of the subcontractor to comply with the provisions of this clause shall be grounds for the termination of this contract or the invocation of the "Debarred, Suspended, and Ineligible Bidders" procedures of the Federal Procurement Regulations and the Department of Labor procurement Regulations.
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/DOL/ETA/Acostajcc/2012008OD/listing.html)
Place of Performance: Address: 901 S. Campbell Ave., Tucson, Arizona, 85719, United States; Zip Code: 85719
Record: SN02862115-W 20120901/120831000225-188d35e6a88de4788d134de87c01dfe0 (fbodaily.com)
Source: FedBizOpps Link to This Notice
(may not be valid after Archive Date)

| FSG Index | This Issue's Index | Today's FBO Daily Index Page |

Loren Data's SAM Daily™

Q -- Optical Services