FBODaily.com | FedBizOpps: PRESOL | R | Professional Management and Development Training Services U.S. Army Medical Command, Child and Family Behavioral Health System - Combined Synopsis/Solicitation

FBO DAILY - FEDBIZOPPS ISSUE OF MARCH 24, 2018 FBO #5965
SOLICITATION NOTICE

R -- Professional Management and Development Training Services U.S. Army Medical Command, Child and Family Behavioral Health System - Combined Synopsis/Solicitation

Notice Date: 3/22/2018
Notice Type: Combined Synopsis/Solicitation
NAICS: 611430 — Professional and Management Development Training
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: W81K04-18-Q-0002
Archive Date: 4/28/2018
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: Total Small Business
Description: Combined Synopsis/Solicitation Combined Synopsis/Solicitation IAW FAR Subpart 12.6 Professional Management and Development Training Services U.S. Army Medical Command, Child and Family Behavioral Health System 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 W81K04-18-Q-0002 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 2005-97 and Defense Federal Acquisition Regulation Supplement Publication Notice 20171228. The North American Industrial Classification System (NAICS) is 611430, Professional Management and Development Training. The small business size standard is $11,000,000.00. This procurement is 100% Small Business Set Aside. DESCRIPTION OF REQUIREMENT: The School Behavioral Health (SBH) Program is a consultative and collaborative behavioral health care model for Army Children and their Families specifically targeted towards "school-aged" (mostly kindergarten through Grade 12 and some Pre-school aged) participants. The program was mandated by the US Army Medical Command Operations Order (OPORD) 14-44 (Child and Family Behavioral Health System (CAFBHS) Implementation). The basis of OPORD 14-44 was to implement a standardized Behavioral Health Model within the United States Army, which includes establishing the SBH Program at on-post schools in partnership with the local educational school districts or the Department of Defense Education Activity's (DoDEA) school systems. Projected implementation of the SBH Program was initially launched within the United States Army school system expanding from 1 installation serving 4 schools to 8 installations and 45 on-post schools and 1 off-post school. Plans are to include 18 installations and about 100 on-post schools over the SBH Program's projected lifespan. The U.S. Army Medical Command (MEDCOM), Child and Family Behavioral Health Office (CAFBHO) requires the acquisition of non-personal services for professional and management development training, education and consultation tasks related to the School Behavioral Health (SBH) Program under the U.S. Army MEDCOM's Child and Adolescent Behavioral Health System (CAFBHS). The desired services shall include subject- matter expertise and support in the development and implementation oversight of the School Behavioral Health (SBH) Program curriculum by presenting evidence-based interventions, informative practices/informed practicum, training and utilization concepts for communities of practice in SBH Program models. The School Behavioral Health (SBH) Program is a consultative and collaborative behavioral health care model for Army Children and their Families specifically targeted towards "school-aged" (mostly kindergarten through Grade 12 and some Pre-school aged) participants. The program was mandated by the US Army Medical Command Operations Order (OPORD) 14-44 (Child and Family Behavioral Health System (CAFBHS) Implementation). The basis of OPORD 14-44 was to implement a standardized Behavioral Health Model within the United States Army, which includes establishing the SBH Program at on-post schools in partnership with the local educational school districts or the Department of Defense Education Activity's (DoDEA) school systems. The idea of the requirement is to implement the SBH Program uniformly across the U.S. Army by training, educating and consulting the entire involved school faculty, staff, SBH Program Coordinators and clinical providers on the SBH Program's mission, structure, processes and goals. The services will be performed throughout the year at multiple Department of Defense Education Activity's (DoDEA) school systems. The professional services will be provided to all Clinical and Educational Professionals who are implementing the SBH Program within their school facilities. No direct patient care will be administered under this contract. The participating Military Installation School facilities are primarily located within the Continental United States (CONUS) however, there has been and will be projected school facilities located Outside the Continental United States (OCONUS), and are likely to include site visits to Army installations on an international and regional basis; such as Fort Benning, GA; Fort Bliss, TX; Fort Bragg, NC; Fort Campbell, KY; Fort Carson, CO; Fort Hood, TX; Fort Knox, KY; Fort Leavenworth, KS; Fort Meade, MD; Fort Riley, KS; Fort Stewart, GA; Joint Base Lewis-McChord, WA; Joint Base San Antonio, TX; Korea; Japan; and Landsthul and Bavaria, Germany. The resultant contract will have a base period of performance and two option periods. The anticipated Period for the base period is 1 May 2018 to 30 April 2019. The two option periods, if exercised, may extend the contract to an ultimate performance completion date of 30 April 2021. 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 Friday, March 30, 2018 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 Friday, April 13, 2018. 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 Educational Training/Consultation Base Period Hours 90 $ $ FFP The Contractor shall provide professional training and development, education, and consultation services in support of the Child, Adolescent and Family Behavioral Health Office (CAFBHO), School Behavioral Health (SBH) Program. It is anticipated that five (5) CONUS sites will receive training/consultation during this period of performance. Period of Performance: 01 May 2018 - 30 April 2019 FOB: Destination 0002 Travel Base Period FY18 Job 1 $ $ COST Travel to anticipated site locations: Ft. Benning, GA; Ft. Riley, KS Period of Performance: 01 August 2018 - 30 September 2018 FOB: Destination 0003 Travel Base Period FY19 (SAF) Job 1 $ $ COST Travel to anticipated site locations: Joint Base San Antonio, Ft. Sam Houston, TX; Ft. Knox, KY; Ft. Stewart, GA (funding subject to the availability of funds (SAF)). Period of Performance: 01 October 2018 - 30 April 2019 FOB: Destination 0004 Contracting Manpower Report (CMR) Base Period Each 2 $ $ 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. Reporting Period 1: 01 May 2018 - 30 Sept 2018 Report #1 Due Date: 31 October 2018 Reporting Period 2: 01 Oct 2018 - 30 April 2019 Report #2 Due Date: 31 October 2019 FOB: Destination 1001 OPTION Educational Training/Consultation Option 1 Hours 90 $ $ FFP The Contractor shall provide professional training and development, education, and consultation services in support of the Child, Adolescent and Family Behavioral Health Office (CAFBHO), School Behavioral Health (SBH) Program. It is anticipated that three (3) CONUS sites and two (2) OCONUS will receive training/consultation during this period of performance. Period of Performance: 01 May 2019 - 30 April 2020 FOB: Destination 1002 Travel Option 1 FY19 Job 1 $ $ OPTION COST Travel to anticipated site locations: Ft. Hood, TX; Ft. Bragg, NC; Ft. Carson, CO Period of Performance: 01 May 2019 - 30 September 2019 FOB: Destination 1003 Travel Option 1 FY20 (SAF) Job 1 $ $ OPTION COST Travel to anticipated site locations: Korea and Japan (funding subject to the availability of funds (SAF)) Period of Performance: 01 October 2019 - 30 April 2020 FOB: Destination 1004 Contracting Manpower Report (CMR) Each 2 $ $ OPTION 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. Reporting Period #1: 01 May 2019 - 30 Sept 2019 Report #2 Due Date: 31 October 2019** Reporting Period #2: 31 Oct 2019 - 30 April 2020 Report #3 Due Date: 31 October 2020 **Note: Only one CMR report is required on 31 October 2019 that accounts for manpower occurring during Fiscal Year 2019 which is 01 October 2018 through 30 September 2019. In the event the first option is exercised, the manpower hours for Report #2 shall account for the reporting period for Reporting Period #2 of CLIN 0004 and Reporting Period #1 of CLIN 1004. FOB: Destination 2001 Educational Training/Consultation Option 2 Hours 108 $ $ OPTION FFP The Contractor shall provide professional training and development, education, and consultation services in support of the Child, Adolescent and Family Behavioral Health Office (CAFBHO), School Behavioral Health (SBH) Program. It is anticipated that four (4) CONUS sites and two (2) OCONUS sites will receive training/consultation during this period of performance. Educational/Consulting Period of Performance: 01 May 2020 - 30 April 2021 FOB: Destination 2002 Travel Option 2 FY20 Job 1 $ $ OPTION COST Travel to anticipated site locations: Ft. Meade, MD; Ft. Bliss, TX; Ft. Campbell, KY; Ft. Knox, KY Period of Performance: 01 May 2020 - 30 September 2020 FOB: Destination 2003 Travel Option 2 FY21 (SAF) Job 1 $ $ OPTION COST Travel to anticipated site locations: Bavaria and Landstuhl, Germany (funding subject to the availability of funding (SAF)). Period of Performance: 01 October 2020 - 30 April 2021 FOB: Destination 2004 CONTRACT MANPOWER REPORTING Each 2 $ $ OPTION Contracting Manpower Report (CMR) 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. Reporting Period #1: 01 May 2020 - 30 Sept 2020 Report #3 Due Date: 31 October 2020** Reporting Period #2: 01 Oct 2020 - 30 April 2021 Report #4 Due Date: 31 October 2021 **Note: Only one CMR report is required on 31 October 2020 that accounts for manpower occurring during Fiscal Year 2020 which is 01 October 2019 through 30 September 2020. In the event the second option is exercised, the manpower hours for Report #3 shall account for the reporting period for Reporting Period #2 of CLIN 1004 and Reporting Period #1 of CLIN 2004. 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. CLAUSES INCORPORATED BY REFERENCE 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 ADDENDUM TO 52.212-4 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 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: (w) The non-FAR Part 12 discretionary FAR and DFARS 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 Addendum) CLAUSES INCORPORATED BY REFERENCE 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards OCT 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 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-29 Notification Of Visa Denial APR 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-50 Combating Trafficking in Persons MAR 2015 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 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 52.225-14 Inconsistency Between English Version And Translation Of Contract FEB 2000 52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award Management JUL 2013 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation APR 1984 52.237-3 Continuity Of Services JAN 1991 52.242-17 Government Delay Of Work 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 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.216-7003 Economic Price Adjustment - Wage Rates or Material Prices Controlled by a Foreign Government MAR 2012 252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.225-7040 Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States OCT 2015 252.225-7041 Correspondence in English JUN 1997 252.225-7043 Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States JUN 2015 252.225-7048 Export-Controlled Items 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 252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 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) 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days before the contract expires. (End of clause) 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days before the contract expires; provided that the Government gives the Contractor a preliminary written notice of its intent to extend within 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 36 months. (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. 52.222-62 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 and without 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) 52.252-2 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 reviewfor 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) 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUNE 2012) (a) Definitions. As used in this clause- (1) Contract financing payment and invoice payment have the meanings given in section 32.001 of the Federal Acquisition Regulation. (2) Electronic form means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer. (3) Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract. (4) Receiving report means the data required by the clause at 252.246-7000, Material Inspection and Receiving Report. (b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/. (c) The Contractor may submit a payment request and receiving report using other than WAWF only when- (1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer's determination with each request for payment; (2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System); (3) DoD makes payment for rendered health care services using the TRICARE Encounter Data System (TEDS) as the electronic format; or (4) When the Governmentwide commercial purchase card is used as the method of payment, only submission of the receiving report in electronic form is required. (d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract. (e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payments requests. (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 (JAN 2017) (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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (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)). (2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (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 incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.) ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). ____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (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 of 2009.) ___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). ___ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note). ____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313). ____ (10) [Reserved] ____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 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] ____ (14)(i) 52.219-6, Notice of Total 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) of 52.219-7. ____ (iii) Alternate II (Mar 2004) of 52.219-7. ____ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)). ____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)). ____ (ii) Alternate I (Nov 2016) of 52.219-9. ____ (iii) Alternate II (Nov 2016) of 52.219-9. ____ (iv) Alternate III (Nov 2016) of 52.219-9. ____ (v) Alternate IV (Nov 2016) of 52.219-9. ____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)). ____ (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (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, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f). ____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)). ____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). ____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). ____ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). ____(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126). ____ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). ____ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). ____ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). ____ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793). ____ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). ____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). ____ (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627). ____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). ____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ____ (35) 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)(35): 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. ____ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016). ____ (37)(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.) ____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693). ____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693). ____ (40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514). ____ (ii) Alternate I (OCT 2015) of 52.223-13. ____ (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514). ____ (ii) Alternate I (Jun 2014) of 52.223-14. ____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ____ (43)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). ____ (ii) Alternate I (Jun 2014) of 52.223-16. ____ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). ____ (45) 52.223-20, Aerosols (June, 2016) (E.O. 13693). ____ (46) 52.223-21, Foams (June, 2016) (E.O. 13693). ____ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). ____ (ii) Alternate I (JAN 2017) of 52.224-3. ____ (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ____(49) (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, 19 U.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. ____ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). ____ (51) 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). ____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). ____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150 ____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ____ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). ____ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). ____ (57) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (July 2013) (31 U.S.C. 3332). ____ (58) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (July 2013) (31 U.S.C. 3332). ____ (59) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). ____ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ____ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)). ____ (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). ____ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.) _____(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). _____ (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). _____ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). _____ (4) 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). _____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67). _____ (6) 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). _____ (7) 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). _____(8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658). _____ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). _____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). _____ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (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)). (iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iv) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (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 (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627). _____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and 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) (E. O. 12989). (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 (e)(1)(xvii): 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) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (B) Alternate I (JAN 2017) of 52.224-3. (xx) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xxii) 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. (xxiii) 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 Child, Adolescent & Family Behavioral Health Office Training and Education Services U.S. Army Medical Command 1. General. This is a non-personal, severable, professional service requirement to provide training and education services to the United States Army Medical Command (MEDCOM), Child, Adolescent & Family Behavioral Health Office (CAFBHO). The Government shall not exercise any supervision or control over the contract service providers (CSPs) performing the services herein. Such CSPs shall be accountable solely to the Contractor who, in tum is responsible to the Government. 1.1. Background. The CAFBHO serves as the Army Surgeon General's lead agent for developing, implementing and sustaining programs that create a behavioral health system of care (BHSOC) promoting healthy, strong Children and Families. The CAFBHO is a program management office for the Child and Family Behavioral Health System (CAFBHS), under the U.S. Army Medical Command (MEDCOM). Using evidence-based interventions and standardized outcome measures, CAFBHO services are coordinated and integrated with Installation Management Command (IMCOM) and United States Army Forces Command (FORSCOM) resources using a Public Health Model. 1.1.2 In addition, the CAFBHO provides evidence-based interventions and training programs for primary care clinicians in the evaluation and management of common behavioral health (BH) disorders, strategies to promote resiliency, and adaptive ways of coping with military life stressors; reviews and disseminates implementation of policies, initiatives, programs, and evidence-based practices; and centralizes and standardizes data collection for needs identification, outcome measurement and performance improvement. CAFBHO's goal is to provide integrated BH systems of care to achieve optimal social, emotional and behavioral functioning in Army Children and Families. 1.1.3 The U.S. Army is providing innovative health care to meet the BH needs of military children and families. The School Behavioral Health (SBH) Program is a consultative and collaborative BH care model for Army Children and their Families specifically targeted towards "school-aged" (mostly kindergarten through Grade 12 and some Pre-school aged) participants. The program was mandated by the MEDCOM Operations Order (OPORD) 14-44 (Child and Family Behavioral Health System (CAFBHS) Implementation). The basis of MEDCOM OPORD 14-44 was to implement a standardized BH Model within the United States Army, which includes establishing the SBH Program at on-post schools in partnership with the local educational school districts or the Department of Defense Education Activity's (DoDEA) school systems. Projected implementation of the SBH Program was initially launched within the United States Army expanding from 1 installation serving 4 schools to 8 installations and 45 on-post schools and 1 off-post school. Plans are to include up to 18 installations and about 100 on-post schools over the SBH Program's projected lifespan under MEDCOM OPORD 14-44. 1.1.4 The participating Military Installation school facilities are primarily located within the Continental United States (CONUS); such as Fort Benning, GA; Fort Bliss, TX; Fort Bragg, NC; Fort Campbell, KY; Fort Carson, CO; Fort Hood, TX; Fort Knox, KY; Fort Leavenworth, KS; Fort Meade, MD; Fort Riley, KS; Fort Stewart, GA; Joint Base Lewis-McChord, WA; Joint Base San Antonio, TX. Also, there has been and will be projected school facilities located Outside the Continental United States (OCONUS) which are likely to include site trainings at Army installations on an international and regional basis such as Korea, Japan, Hawaii; and Landsthul and Bavaria, Germany. All locations are subject to change based on program needs. 1.2. Scope of Work. The Contractor shall provide subject-matter expertise (SME) and support in the development and oversight of the SBH Program curriculum by presenting evidence-based interventions, informative best practices/informed practicum, training and utilization concepts for communities of practice in SBH Program models in accordance with the Army's SBH Program as described in MEDCOM OPORD 14-44. 1.2.1 The Contractor shall also provide the necessary qualified personnel, materials and supplies, and transportation for training, education and consultation services related to the SBH Program of the MEDCOM's CAFBHS, as managed by the CAFBHO located at Joint Base Lewis-McChord, WA. The intent of this requirement is to provide implementation, standardization, and administration of the SBH Program across the U.S. Army by training, educating and consulting the entire involved school faculty, staff, SBH Program Coordinators and clinical providers on the SBH Program's mission, structure, processes and goals. The services will be performed throughout the year at multiple Department of Defense Education Activity's (DoDEA) partnering schools and participating local educational agency school systems. The professional services will be provided to all Clinical and Educational Professionals who are implementing the SBH Program within their school facilities. No direct patient care will be administered under this contract. 1.2.2 The time frame for program management of each individual school facility will expand over a three-year period from program initiation to the ideal maturity phase of an independent self-managed phase. The continuing contract will include those school facilities that have reached the three-year maturity date of program inception as well as newly incorporated and projected Military Installation school locations. The SBH Program has been predominantly hosted throughout existing Military Installation on-post school systems as well as several off-post surrounding schools. The services provided may vary at each Military Installation and might include active duty and retired military family member children and youth, and in non-clinical settings such as schools, school district offices and community-based facilities. 1.3. The Contractor shall comply with all applicable laws, rules and regulations, including those identified in Section 6 of the PWS. 1.4. Safety Requirements: The Contractor shall maintain safety and health standards compliant with requirements of the Occupational Safety and Health Administration (OSHA). 1.5. Security Requirement: The Contractor shall be responsible for the security of all Government information. Failure to safeguard any classified/privileged information that may involve the Contractor or the Contractor's personnel or to which they may have access may subject the Contractor and/or the Contractor's employees to criminal liability under Title 18, section 793 and 7908 of the United States Code. Provisions of the Privacy Act apply to all records and reports maintained by the Contractor. All programs and materials developed by the contractor at Government expense during the course of this contract are the property of the Government. 1.5.1. Confidentiality of Information. Unless otherwise specified, all financial, statistical, personnel, and/or technical data which are furnished, produced or otherwise available to the Contractor during the performance of this contract are considered confidential business information and shall not be used for purposes other than performance of work under this contract. None of the above information shall be released by the Contractor without prior written consent of the COR. The Contractor (herein referred to as Contractor or CSP) shall not disclose or cause to disseminate any information concerning operations of military activities. Such action(s) could result in violation of the contract, termination for cause, and possible legal actions. The Contractor shall not respond to any media inquiries. Any inquiries from the media shall be immediately relayed to the COR, who will relay them to the MTF Commander. There shall be no interviews, comments, or any other response without the knowledge and approval of the MTF Commander. Other than routine inquiries from external agencies, all other inquiries and complaints shall be brought to the attention of the Contractor's Government supervisor. 1.5.2. All inquiries, comments or complaints arising from any matter observed, experienced, or learned of as a result of or in connection with the performance of this contract, the resolution of which may require the dissemination of official information, shall be directed to the contracting officer representative (COR) and the contracting officer (KO). 1.5.3. The Contractor shall only conduct business with designated Government personnel listed as points of contact (POCs). Names of authorized personnel will be provided to the Contractor by the Government, in writing within 5 days of contract award, and within 5 days of updates occur throughout the contract period. 1.5.4. U.S. Government records, copies of original results and reports, verified original data, corrected data, and corrected supporting final reports are maintained by the Contractor, but remain the property of the U.S. Government. These files/results must be surrendered to the COR as required by the contract or within 5 calendar days of contract completion. All materials, reports (original/editable), data (original/editable), and information formulated at Government expense during the performance of this contract are and remain the sole property of the Government. The contractor shall not mark work product produced in support of this contract as "Proprietary." All other work formulated with tools (i.e. in Microsoft Word, Access, Excel, PowerPoint, Visio or other software formulated files or databases) shall become and remain the property of the U.S. Government and shall have no effect or impact on monies owed to the Contractor by the Government. All data remains the property of the U.S. Government and will be surrendered upon request. The contractor shall safeguard all Government equipment, information and property provided for contractor use. 1.5.5. Personnel Security. IAW Department of Defense (DoD) 5200.2-R, Personnel Security Program and AR 380-67, Personnel Security Program. All DoD CSPs shall undergo a background investigation as directed by Department of the Army G-2. As a condition of employment, the background investigation should cover the last three years and the last three residences. Criminal background checks shall be completed prior to the contract performance start date. The contractor shall be responsible for the cost of the criminal background checks. The CSP's background check shall be favorable in order for the employee to perform services under the contract. Personnel with outstanding felony warrants or felony convictions pose a security risk and shall not perform services. 1.5.6. Criminal History Background Check (CHBC). Background checks are mandatory for all personnel. The Government will conduct a CHBC on all CSPs in accordance with the procedures set forth in Public Law 100-235; Computer Security Act of 1987; DoDD 8500.01E, Information Assurance; DoDD 5200.2, DoD Personnel Security Program; and DoDI 1402.5, Criminal History Background Checks on Individuals in Child Care Services. The contractor shall be responsible for ensuring background check submittals are initiated in accordance with the contract prior to CSPs commencing services. 1.5.6.1. Background checks shall be based on Secure Web Fingerprint Transmission (SWFT) fingerprints of individuals obtained by qualified Government law enforcement or security personnel at the time the CSP in-processes and inquiries conducted through the Federal Bureau of Investigation (FBI) and State Criminal History Repository Check. A local Installation Record Check (IRC) is required for CSPs with DoD affiliation; procedures for completing the required background check are outlined in DoDI 1402.5. 1.5.6.2. All background check requests shall be submitted in accordance with (IAW) the applicable directives specific MEDCOM, however; all fingerprinting and submission of fingerprints remains the responsibility of the Government. The name and address of the MEDCOM Commander shall be included in the request as the recipient of the results. Results will be forwarded to the COR. 1.5.6.3. CSPs who have previously received a background check shall provide proof of the check or obtain a new one. A new investigation is required if a break in service to DoD results in a time lapse of more than 2 years. 1.5.6.4. The Contractor shall present to the applicable qualified Government law enforcement or security office, the prepared paperwork for fingerprinting. All expenses incurred in the preparation remains with the Contractor. All expenses for fingerprinting and processing the CHBC remain the responsibility of the Government. 1.6. Data Rights. The Government has unlimited rights to all documents and materials, produced under this contract. All documents and materials, to include the source codes of any software produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written pem1ission from the KO. 1.7. Identification of Privacy Act. This contract requires the development of a system of records in accordance with the Privacy Act of 1974. 1.8. Quality Control Plan: The contractor is responsible for quality control. The contractor shall maintain a complete Quality Control Plan (QCP) that shall ensure the requirements of the contract are provided as specified in this PWS to ensure that the services are provided at a level of quality that meets CAFBHO standards. 1.9. Hours of Operation. Contractor services will be non-routine, i.e. may only be required a few days a week and only a couple of weeks a month depending on the training schedule established between the Contractor and the CAFBHO. When services are required, the Contractor is responsible for providing services between the hours of 0700 and 1700, Monday through Friday except federal holidays or when the Government facility is closed due to emergencies, administrative closings, or similar Government-directed closings. If the Government facility is closed due to an emergency situation or inclement weather, the CSP may not enter the Government facilities. The CSP may be required to telework through emergency situation or inclement weather provided the emergency situation and or weather allows time for telework preparation. Telework option is Government directed only and requires prior written approval from the COR. If the Government requires Telework it will be at no additional cost to the Government. There are periods of time of when workload demands may require coverage beyond the hours stated above. The contractor is expected to manage his schedule to cover the later hours without charging the Government overtime. 1.10. Employee Breaks. Federal labor laws supersede state labor laws for the purpose of this contract performed on federal installations. The laws and regulations administered by the Department of Labor, including the laws governing wages and fringe benefits, working conditions and equal opportunity apply to federal contracts, and not state law. As expressly noted on the Department of Labor's website, federal law does not require lunch or coffee breaks. There is no federally mandated break. 1.10.1. When employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of the hours worked during the work week and considered in determining if overtime was worked. Unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer's rules, and any extension of the beak will be punished. 1.10.2. Bona fide meal periods (typically lasting at least 30 minutes), serve a different purpose than coffee or snack breaks and, thus, are not work time and are not compensable. 1.11. U.S. Federal Holidays. The contractor will not be required to perform services on the holidays listed below. Any of the holidays falling on a Saturday will be observed on the preceding Friday; holidays falling on a Sunday will be observed on the following Monday: New Year's Day January 1st Martin Luther King's Birthday 3rd Monday in January Presidents' Day 3rd Monday in February Memorial Day last Monday in May Independence Day July 4th Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veteran's Day November 11th Thanksgiving Day 4th Thursday in November Christmas December 25th 1.12. Continuity of Services. 1.12.1. Closures. The Contractor shall only be compensated for actual hours worked. In the event of a delayed opening or an unplanned closure of the facility due to natural disaster, military emergency, severe weather, security threat, any unplanned reason, or a facility-related problem that prevents the CSP from performing services under this contract, the CSP shall follow the same departure and reporting directions given to Government personnel. The Contractor shall not submit an invoice or otherwise seek additional payment from the Government for any expenses incurred by the Contractor as a result of any such unplanned closure. 1.12.2. Expired CAC and/or MEDCOM Badge. The Contractor is responsible for absences due to expired identification and access documents. Such absences shall not relieve the Contractor of its obligation to perform the services required under this PWS. The Contractor shall not submit an invoice or otherwise seek additional payment from the Government for any expenses incurred by the Contractor as a result of an expired badge. 1.13. Government Installations 1.13.1. Vehicle Registration. The Contractor shall comply with the installation vehicle registration policies, procedures and safety practices associated with the specific facility. 1.13.2. Parking. The Contractor shall park in the appropriate designated parking areas. The Government will not validate or reimburse the Contractor for parking violations under any conditions. 1.13.3. Smoking. Smoking is prohibited inside and outside Government buildings. CSPs will abide by all smoking policies of assigned headquarters/MTF facilities and/or campuses. 1.13.4. Weapons Possession. Possession of weapons on Government installation or Government leased facilities is prohibited. Enclosed containers of any kind shall be subject to search. Violations of Government regulations may result in citation answerable in the United States Federal District Court. 1.13.5. Appropriate Conduct. Contractor personnel shall conform to standards of conduct and code of ethics, which are consistent with those applicable to Government employees as provided for in the Joint Ethics Regulation 5500.7R. 1.13.6. Personal Appearance. The CSP shall present a neat and clean appearance while fulfilling the duties and responsibilities under this PWS. Dress Code for CSPs is business professional attire or business casual attire. Examples of men's business professional attire are a business suit or jacket/blazer worn with a dress shirt, dress slacks/pants and tie. Examples of women's business professional attire are a business suit or jacket/blazer worn with a dress shirt/top, pants/slacks, skirt, or dress. Business casual attire relates to or denotes a style of clothing that is less formal than traditional business professional attire, but is still intended to give a professional and businesslike impression. Examples of business casual attire for men are dress slacks/pants, khaki pants, long or short sleeve shirts with collars, short-sleeved collared polo shirts, or sweaters. Examples of business casual attire for women are moderate-length dresses, skirts, pants/slacks, dress shirts/tops, and sweaters. Jeans may only be worn on the designated dress down day. At any time (including dress down day), the CSP shall not wear t-shirts, tank tops, sweat pants/shirts, tennis shoes, shorts, or any other type of attire that is inappropriate in a professional office environment subject to the discretion of the MEDCOM Commander. Any instances of inappropriate attire shall be referred to the contractor by the COR or KO. 1.14. Removal of CSPs 1.14.1. At any time during the performance of this contract, the KO or COR may direct the Contractor to immediately be removed from the workplace when actions or impaired state raises reasonable suspicion that clear and present danger of physical harm exists to another CSP, Government personnel or the impaired individual. CSPs may also be removed for performance related issues not resolved with appropriate counseling/disciplinary action(s), with supporting, documented evidence. 1.14.2. The Contractor will not be permitted on the installation when their presence is considered detrimental to the security of the installation or to the accomplishment of the work. The Government reserves the right to require removal from the job site any CSP who endangers persons or property, whose continued employment is inconsistent with the interest of military security or who is found to be incapacitated or under the influence of alcohol, drugs or other substances. Removal of CSP for cause does not relieve the Contractor of the requirement to perform required services. 1.14.3. If the need for a removal occurs, the COR will contact the contractor and require removal of the CSP from the work facility and to not to perform any services required under this contract until the issue has been resolved by the KO. The contractor shall formally meet with the COR to discuss further action. A review of the basis for removal will be made by the KO within 3 working days after the COR directed the removal. 1.14.4. If, after any investigation deemed necessary by the KO and discussions with the COR, the KO concludes that the CSP's impairment requires permanent removal from performance under the contract, the KO will notify the contractor that permanent removal is required. In the event of disagreements between the Government and the contractor's concerning matters of the impaired CSP, the decision of the KO will be final. During the period of time between the removal and the final decision of the KO, the contractor may be required to provide a backup/replacement CSP in accordance with the terms and conditions of this contract. Removal of CSPs for cause does not relieve the contractor of the requirement to perform contract services. 1.15. Antiterrorism and Operations Security Compliance. Access and General Protection/Security Policy and Procedures. The Contractor and all associated subcontractors' employees (if applicable) shall comply with applicable installation, facility, and area commander installation and facility access and local security policies and procedures (provided by the Government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services, or Security Office. The contractor shall comply with all personal identity verification requirements as directed by DoD, HQDA, and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes. 1.16. Reporting incidents of Sexual Assault and Sexual Harassment under the Sexual Harassment/Assault Response & Prevention (SHARP) Program. 1.16.1. The Contractor shall comply with Office of the Surgeon General (OTSG)/MEDCOM Policy Memo 13-062 (Mandatory), Policy for Reporting Incidents of Sexual Assault and Sexual Harassment under the Sexual Harassment/Assault Response and Prevention (SHARP) Program, 12 Nov 2013. The SHARP reporting requirements apply only to knowledge obtained by contractor personnel while performing services under this contract. 1.16.2. The Contractor, 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, shall report the incident immediately (within 24 hours) 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 requirement. 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. 1.16.3. The Contractor, 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, shall report the incident immediately (within 24 hours) 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. 1.17. Personally Identifiable Information (PII) Requirements 1.17.1. Sections (Section 5.1.4.2 and 5.1.5.1) of this PWS require the contractor to operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 U.S.C. 5521). The contractor shall comply with the Privacy Act and all applicable agency regulations on individual privacy, to include DoD Directive 5400.11, "Department of Defense Privacy Program" and DoD 5400.11-R, "Department of Defense Privacy Program." 1.17.2. Systems Access. When requested by the Government, the Contractor shall provide access to and information regarding the systems that the Contractor operates or maintains on behalf of the Government under this contract. 1.17.3. Systems Security. The Contractor shall encrypt all Contractor-owned laptops or other portable media storage devices that process or store PII, IAW NIST Federal Information Processing Standard (FIPS) 140-2 (or successor). The Contractor shall require FIPS 140-2 (or successor) encryption of any sensitive PII when transmitted electronically across the internet or other public networks. 1.17.4. Data Security. The Contractor, unless otherwise authorized by the Government, shall limit access to PII to those employees and subcontractors who required the information in order to perform their official duties under this contract. The Contractor, contractor employees, and subcontractors shall physically or electronically protect PII when not in use and/or under the control of an authorized individual. During the course of contract performance, when PII is no longer needed or required to be retained under applicable Government records retention policies, the Contractor shall coordinate with the contracting officer to either turn over the PII to the Government, or destroy it through means that will make the PII irretrievable (i.e., permanently unavailable for access by any person). The Contractor shall only use PII obtained under this contract for purposes of the contract, and shall not collect or use such information for any other purpose without the prior written approval of the contracting officer. At expiration or termination of this contract, the Contractor shall coordinate with the contracting officer to either turn over all PII managed under the contract that is in its possession to the Government or successor Contractor, or, if the Government so directs, destroy the PII. 1.18. Data Breach Response and Notification 1.18.1. The Contractor shall adhere to the reporting and response requirements for PII set forth in Memorandum, Office of the Secretary of Defense, Subject: Safeguarding Against and Responding to the Breach of Personally identifiable Information (PII), June 5, 2009, ALARACT 050/2009, DoD 5400.11-R, and any amendments. 1.18.2. The Contractor or its subcontractor shall immediately notify (insert requiring activity and phone number or email address) upon discovery that a suspected or actual breach of PII has occurred. The notification shall include, to the greatest extent possible, the identification of each individual whose PII has been or possibly has been breached. In addition, the Contractor or its subcontractor shall provide (insert requiring activity and phone number or email address) with any other available information that must be included in required breach reporting and notifications. The Contractor shall provide this information at the time of the initial notification to the Government or promptly thereafter as information becomes available. 1.18.3. The Government will determine whether a breach of PII has occurred, and whether breach notification to affected individuals is required. If breach notification to affected individuals is required, the Government will determine if the Contractor shall make the required notification. If the Contractor is to notify the impacted population, it shall submit the notification letters to (insert requiring activity and phone number or email address) for review and approval. 2. Definitions and Acronyms 2.1. Definitions: 2.1.1. Ancillary Personnel: This includes all contractors with the exception of Medical Doctors (MD) and Doctors of Osteopathy (DO). 2.1.2. Backup Personnel: Pre-approved contract service provider designated to move into the position of the primary contract Contractor to perform required services for the duration of his/her absence. 2.1.3. Beneficiaries of the Military Healthcare System. Those individuals entitled to care at the MTF in accordance with AR 40-3. 2.1.4. Clinical Privileges: Authorization by the Government to provide specific patient care and treatment services in the organization, within well-defined limits, based on the individual's license, education, training, experience, competence, judgment and physical and mental health. 2.1.5. Composite Healthcare System (CHCS): An automated medical information system which will provide integrated support for the functional work centers of inpatient and outpatient care facilities, patient administration, patient appointments and scheduling, nursing, laboratory, pharmacy, radiology, and clinical dietetics. 2.1.6. Contractor. The term as used in this contract refers to the prime. 2.1.7. Contracting Officer. A person with authority to enter into contract; administer, or terminate contracts. Make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government. 2.1.8. Contracting Officer's Representative (COR). An employee of the U.S. Government appointed by the Contracting officer to monitor contractor performance. 2.1.9. Physical Security. Actions that prevent the loss or damage of Government property. 2.1.10. Quality Assurance. The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards. 2.1.11. Quality Control. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements. 2.1.12. Subcontractor. One that enters into a subcontract and assumes some of the obligations of the primary Contractor. 2.1.13. Work Week. Is defined as Monday through Friday 2.2. Acronyms. Following is a list of basic acronyms used in this contract. ADP - Automated Data Processing AKO - Army Knowledge Online AR - Army Regulation BH - Behavioral Health BHSOC - Behavioral Health System of Care CAC - Common Access Card CAFBHO - Child and Family Behavioral Health Office CAFBHS - Child and Family Behavioral Health System CFR - Code of Federal Regulations CHBC - Criminal History Background Check CHCS - Composite Health Care System CLIN - Contract Line Item Number CONUS - Continental United States COR - Contracting Officer's Representative CPARS - Contractor Performance Assessment Reporting System CS - Contract Specialist CSP - Contract Service Provider DA - Department of the Army DD - Department of Defense Forms DoD - Department of Defense DoDEA - Department of Defense Education Activity/Agency DoDI - Department of Defense Instruction DMHRSi - Defense Medical Human Resource System - Internet FAR - Federal Acquisition Regulation FBI - Federal Bureau of Investigation FORSCOM - United States Army Forces Command FTE - Full Time Equivalent HIPAA - Health Insurance Portability & Accountability Act of 1996 IMCOM - Installation Management Command IRC - Installation Record Check MCC - MEDCOM Contracting Center MEDCOM - Medical Command JTR - Joint Travel Regulations KO - Contracting Officer MEDDAC - Medical Department MTF - Medical Treatment Facility NACI - National Agency Check with NCOIC - Noncommissioned Officer in Charge OCONUS - Outside the Continental United States OIC - Officer in Charge OPORD - Operations Order OSHA - Occupational Safety and Health Administration or Act OTSG - Office of the Surgeon General PCO - Procurement Contracting Officer/Procuring Contracting Officer PHI - Protected Health Information PII - Personally Identifiable Information PL - Public Law POC - Point of Contact PWS - Performance Work Statement QA - Quality Assurance QA&I - Quality Assessment & Improvement QC - Quality Control RFQ - Request for Quotation RFP - Request for Proposal SBH - School Behavioral Health SF - Standard Form SHARP - Sexual Assault and Sexual Harassment under the Sexual Harassment/Assault Response & Prevention SOFA - Status of Forces Agreement TA - Trusted Agent TDY - Temporary Duty Assignment 3. Government Furnished Items and Services. 3.1. Materials. 3.1.1. MEDCOM Badges/Access Card. While performing services under this contract, each CSP shall wear an identification badge furnished by MEDCOM. This card will also provide building access to the CSP's workplace. The badge will display the full name of the CSP and the name of the Contractor. 3.1.2. The Contractor shall keep Government-furnished supplies, equipment, and work areas in a safe, orderly and clean condition. 3.2. Facilities. 3.2.1. The Government will provide the necessary workspace for CSPs to support the tasks outlined in this PWS. The Government will provide access to office equipment such as telephones, computers, printers, scanners, fax machines and other items necessary to accomplish the PWS. 3.2.2. This contract conveys no privileges for access to the military exchange services, commissaries, clubs, or concessionaires. 3.3. U.S. Army Medical Command Unique Training. MEDCOM will provide any mandatory training which is offered through Government sources to CSPs who are performing services under this contract. MEDCOM may elect to provide MEDCOM unique training to CSPs to enhance or improve services offered under this contract. MEDCOM will provide such training at no additional expense to the contractor or to the CSP. When directed by the KO, CSPs shall attend all such training in a paid status as part of the normal services required and billed under the contract. Such training shall require a performance commitment by the contractor and the contractor shall reimburse MEDCOM (by means of a reduction in an invoice) if a CSP fails to satisfy the performance commitment after the CSP receives the MEDCOM unique training. The amount of the reimbursement shall be the prorated cost of training, calculated based on the total cost of the training and the number of months by which the CSP fails to complete the performance commitment. The length of the performance commitment shall be 12 months or until the end of all performance under this contract, whichever occurs first. 3.3.1. Patient Information Data Systems. The Government will provide training to the Contractor on the use of any system or procedure unique to Army MTFs that the contractor employee is required to use, such as the military's electronic medical record, AHLTA. Access to such patient data systems is an "Automated Data Processing Sensitive" position requiring compliance with AR 25-2 and AR 380-67. Refer to the Additional Information section "Automated Data Processing (ADP) Security Requirements" in this contract for further guidance. 3.3.2. SHARP Training. The Contractor shall ensure all service providers receive SHARP training not later than 60 calendar days after Contractor personnel begin performance under this contract. Training can be obtained either online or in person. Contractor personnel can attend SHARP training provided by MEDCOM on an every other month basis by contacting (210) 221-8361 for class date/time and availability. If contract individuals have 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. 3.3.3. OPSEC Training. Per AR 530-1, Operations Security, new contractor employees must complete Level I OPSEC training within 30 calendar days of reporting for duty. All contractor employees must complete annual OPSEC awareness training. 3.3.4. AT Level I Training. All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, or controlled access areas shall complete AT Level I awareness training within 5 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies. The Contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee to the COR (or to the contracting Officer, if a COR is not assigned) within 15 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at https://atlevel1.dtic.mil/at. 3.3.5. Information Assurance (IA)/Information Technology (IT) Training. Contractor employees who require access to Government information systems shall comply with IA/IT Training. All contractor employees and associated subcontractor employees must complete the DoD IA awareness training before issuance of network access. Successful completion of the current version of this training must be accomplished annually thereafter. All contractor employees working IA/IT functions must comply with DoD and Army training requirements in DoDD 8570.01, DoD 8570.01-M, and AR 25-2 within six months of employment. 3.4. Non-MEDCOM Unique Training. To avoid competing with commercial sources that provide non-MEDCOM unique training, also known as commercially available training, non-MEDCOM unique training shall not be provided to contractor personnel under this contract. If the contractor arranges for non-MEDCOM unique training for its personnel from any Government source, all such training will occur in a non-paid status outside this contract, with the Government source providing the non-MEDCOM unique training being responsible for collecting all required costs associated with providing the non-MEDCOM unique training to the contractor's personnel. 3.5. Government Reimbursement for Travel Costs. Travel is anticipated. The Contractor may be required to travel to military MTFs within CONUS and OCONUS, to include Hawaii, Germany, Korea, and Japan, to provide training, consultation, program implantation and observation of healthcare services on a temporary basis. Reimbursement of such costs shall be limited to the amounts authorized Government personnel in accordance with the rates determined by the Department of Defense Per Diem Committee and are not subject to overhead or profit. All arrangements must be made by the Contractor, who will then bill and be reimbursed as discussed in the PWS. 3.5.1. Travel Arrangements. The Contractor is responsible for arranging their own travel reservations for transportation, lodging, per diem, and incidentals. All travel and transportation shall utilize commercial sources at the lowest cost mode of transportation to the extent they are available, commensurate with the mission requirements. Air travel shall be tourist/economy class with similar lodging and rental car accommodations. Business class or first-class travel is not allowable. The Government will provide an on-site point of contact at each location to assist the Contractor in coordinating their travel arrangements. 3.5.2. Travel Reimbursement. Pursuant to FAR 31.205-46, reimbursement of travel shall not exceed the maximum amounts allowed for the geographical area in effect at the time of travel to include lodging and per diem, and other incidental costs deemed necessary based on the travel allowances in effect at the time of travel as set forth in: (1) the Federal Travel Regulations, prescribed by the General Services Administration, for CONUS travel; and (2) the Joint Travel Regulation, Volume 2, DoD Civilian Personnel, Appendix A, prescribed by the Department of Defense, for Alaska and Hawaii travel. Travel will be on a cost reimbursable basis excluding overhead and profit. The Contractor shall bill authorized travel reimbursement costs against the Travel Contract Line Item Number (CLIN) and submit travel receipts to support actual costs incurred. The Contractor shall not exceed the ceiling amount of the travel CLIN under any circumstances, without prior approval of the Contracting Officer. 3.5.2.1. Costs for transportation shall be based upon actual costs incurred and documented. Travel costs will be considered reasonable and allowable only to the extent that they do not exceed on a daily basis, the maximum per diem rates in effect at the time of travel as set forth in the Joint Travel Regulations (JTR) Volume 2. The JTR, while not wholly applicable to contractors, shall provide the basis for the determination as to reasonable and allowable. Maximum use is to be made of the lowest available customary standard coach or equivalent airfare accommodations available during normal business hours. There may be circumstances when the JTR authorizes a discretionary travel and transportation expense, but the contract remains silent. In such circumstances, the expense is not allowable under this contract and will not be reimbursed. 3.5.3. The Contractor shall submit claims for travel reimbursement to the Government POC no later than 60 calendar days following the performance of travel. The Contractor may use DoD approved forms to document their travel and related costs (i.e. DD Form 1351-2 for travel claims and SF 1164 for local mileage). If DoD approved forms are not used, the Contractor shall ensure all travel claims for reimbursement include the information and documentation required by the DOD approved forms. The following attachments shall be submitted with travel claims: 3.5.3.1. Copies of all hotel/motel receipts, regardless of amount. 3.5.3.2. Copies of all airline tickets, counter or web based that includes cost, regardless of amount. 3.5.3.3. Copies of all car rental and gas receipts, regardless of amount. Gas reimbursement will be provided for the official TDY travel only and includes travel to, in, and around the associated TDY area, and return to the airlines or permanent duty station. Gas costs for personal travel in conjunction with official travel will not be reimbursed to the Contractor. 3.6. Local Area Travel. Travel within the CSP's local area (within 50 miles), as well as travel to and from work shall be considered a cost of doing business and shall not be reimbursed. 3.7 Requirements and requests for Contractor Designation under the Status of Forces Agreement (SOFA) for OCONUS locations are at Exhibit C. Additional information concerning temporary travel of contractor personnel to Germany and Italy can be found on the DoD Contract Personnel Office (DOCPER) website at http://www.eur.army.mil/g1/content/CPD/docper.html. The COR will be responsible for submitting the approval request through the DOCPER Contractor Online Processing System (DCOPS) for SOFA-Germany and SOFA-Italy. The administrative contracting officer (KO) will issue the required documents for SOFA-ROK and SOFA-Japan. The contractor shall provide all required information to the COR and KO immediately upon request. 3.7.1. All requests for Contractor Designation under U.S. Republic of Korea (ROK) Status of Forces Agreement (SOFA) shall be completed NLT 120 days before travel. 3.7.2. Arrangements for and costs of all travel (i.e. transportation, meals, lodging, incidentals, etc.) are the responsibility of the contractor. 3.8. Quality Assurance. The Government will monitor the Contractor's performance under this contract using the QASP established by the medical activity and pursuant to the Contract Terms and Conditions - Commercial Items clause, paragraph entitled Inspection/Acceptance. Additionally, the Contractor's performance is subject to scheduled and unscheduled review by the QA Committee as defined by the medical activity QASP and AR 40-68, Clinical Quality Management. 4. Contractor Furnished Items and Responsibilities. The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under section 3 of this statement. 4.1. Personnel Qualifications. 4.1.1. The CSP shall possess a Doctor of Philosophy (Ph.D.) in Clinical Psychology, with a child and adolescent specialization. 4.1.2. The CSP shall have completed an approved internship/residency program in Clinical Psychology with a child and adolescent specialization with a minimum of 15 years of experience in this specialization. 4.1.3. The CSP shall possess a current unrestricted license to practice Clinical Psychology in any one of the 50 states, the District of Columbia, Puerto Rico, Guam or the U.S. Virgin Islands that allows for the independent practice of clinical services. This license must be current (not revoked, suspended, or lapsed in registration), valid (the issuing authority accepts and considers QA information (i.e. practitioner professional performance and conduct in determining continued licenses)), and unrestricted (not subject to restriction pertaining to the scope, location, or type of practice ordinarily granted to other applicants for similar licenses in granting jurisdiction), and be able to obtain privileges at any of the military treatment facilities in the United States Army-- through approval of the Credentials Committee at military treatment facilities. Currently have or the ability to obtain a passport within 6 months of the contract award, to travel to OCONUS locations. 4.1.4. The CSP shall have a record of professional publications that pertain to the delivery of an interconnected systems framework approach to school behavioral health, with a particular emphasis on systems serving military-connected children and adolescents. 4.1.5. It is preferred that the CSP have demonstrated SME experience in SBH Models and Communities of Practice, or similar child and adolescent behavioral programs specifically targeted towards child and adolescent beneficiaries of U.S. Armed Forces Military and/or other DoD agencies Child and Family Behavioral Health Services within the past sixty months (60) of service. 4.1.6. It is preferred that the CSP possess documented work experience in consultation services to the United States Government and/or military and School-based Behavioral Health curriculum development, policy, program implementation and evaluation. The CSP shall possess SME experience in all aspects of School-based Behavioral Health Care with strong education, research, consultation and teaching experience in such. 4.1.7. The CSP shall be able to operate a personal computer utilizing Microsoft applications, such as Word, Excel and Access. 4.1.8. The CSP shall possess skills sufficient to efficiently produce reports and correspondence as required in the performance of this contract. 4.1.9. The CSP shall be able to read, write, and speak English well enough and enunciate with sufficient clarity to effectively communicate with patients and other healthcare providers. 4.2. Neither uniformed personnel nor Government civilian employees shall be used as a trainer/educator or employee in matters related to this contract. Violation of this restriction may result in administrative, civil, or criminal penalties. 4.3. The Contractor shall not, while performing services under this contract, advise, recommend or suggest to persons eligible to receive medical care at Government expense that such persons should receive care from any place other than the MTF. The Contractor shall not recommend or suggest to persons authorized to receive medical care at Army expense that they receive medical care from the Contractor when the Contractor is not on duty, from a civilian associate in practice with the Contractor, or medical treatment facility associated with the Contractor unless medical care will be furnished without cost to the patient, the Government or any other person or firm. The Contractor is not prohibited, by reason of employment under this contract, from conducting a private practice. Private practice shall not conflict with the performance of duties under the contract and the Contractor shall not make use of any Government facilities or other Government property in connection therewith. 4.4. The Contractor shall meet with the COR as needed to discuss any problems that may arise during the performance of this contract. Problems not resolved between the Contractor and the COR will be referred to the contracting officer for resolution. Meetings may take place as a telephonic conference or a video conference. 5. Description of Work 5.1.1 The Contractor shall provide professional training and development, education, and consultation services in support of the CAFBHS SBH Program. The Contractor shall provide of the required professional expert services to SBH clinical professionals. The COR, in coordination with the CAFBHO program manager for SBH, will schedule the locations of training based upon site designation. 5.1.2 The Contractor shall provide strategic planning and specific program development and implementation services for the CAFBHO. The Contractor is responsible for curriculum development, implementation and review of SBH programs and systems of care for Military Children and Adolescents. The Contractor shall provide training and utilization concepts for communities of practice. The Contractor shall provide subject matter expertise to design, implement, and evaluate such programs designing metrics to assess best-care practices. The Contractor shall assist in exporting programs of care for Military Children and Adolescents in a standardized way to provide maximal outreach of these programs to beneficiaries. The contractor may provide clinical input to diagnose, treat and prescribe for the full range of patients seen for purposes of therapeutic care, research or program development. The presence of multiple chronic conditions, child and adolescent age specific issues requires physician expertise for those complicated diagnosis and treatment interventions, and programmatic interventions, requiring the training and experience of an experienced Clinical Psychologist, specializing in School-based Behavioral Health concepts and interventions. (Development/Training/Consultation/Education) 5.1.3 Training/Education 5.1.3.1. The Contractor under the guidance of the COR in coordination with the CAFBHO program manager for SBH shall provide professional presentations on the SBH Program, conduct literature reviews, provide training in evidence-based interventions and best practices for SBH programs specifically targeted to military children and families. 5.1.3.2. The Contractor shall be responsible to provide approximately 12 to 14 hours, the equivalent of 1 ½ to 2 regular work days, of on-site training, education and consultationwhich is coordinated by the CAFBHO SBH subject matter expert and the local SBH Coordinator. 5.1.3.2.1. The site training schedule will be coordinated and approved by the CAFBHO SBH subject matter expert. Site visits may be to sites where the SBH program is preparing to be established, or to a site where program has been initiated within the last 3 to 12 months for technical support, or to a site where the SBH Program has been operational for 2 or more years to monitor implementation fidelity and continuous program improvement. 5.1.3.3. Primarily the Contractor shall assist in implementation oversight and provide input into treatment interventions being developed to support Military Children and Adolescents on an Army-wide scale. The CSP shall assist in defining what is therapeutic, supportive, and feasible, and assist in deployment of these programs to areas of need. The CSP shall assist in Army-wide analysis of resources, resources needed to implement programs as they are developed and define area of greatest need as related to Military Children and Adolescents. 5.1.4 Development 5.1.4.1 The Contractor under the guidance of the COR in coordination with the CAFBHO program manager for SBH shall provide 1-2 hours of pre-site visit planning via telephone and/or video teleconferencing interaction with participating clinical professionals. These meetings shall include pre-site strategic planning, agenda development and program implementation;1-2 hours of post-site visit follow-up telephonic conference calls also may be required as determined by the CAFBHO SBH subject matter expert and the local SBH Coordinator. 5.1.4.2 The Contractor shall collect, analyze and evaluate data on the participants (SBH providers, educators, and/or school staff ); and to train, educate and consult the school faculty, staff, SBH Program Coordinators and SBH clinical providers on model findings and evidence-based interventions that support appropriate interventions and management of the SBH program. 5.1.4.3 The Contractor shall be familiar with the guidelines and standards relating to the Army Family Covenant, DoD task force recommendations related to support of Military Families, and the Child and Family Behavioral Health System (CAFBHS) Operations Manual to Operations Order 14-44 (CAFBHS Implementation). The Contractor shall be aware of policies and regulations related to the Exceptional Family Member Programs and other essential policies for the purposes of program development for Military Family Care. The Contractor shall be responsible for the content of School Behavioral Health training and utilization concepts of communities of practice, utilizing evidence-based methodology and best practices to provide education and training to CAFBHS SBH staff and civilian providers in SBH programming and intervention in support of military Families. 5.1.4.5 Annually, the Contractor shall participate in a 1 to 2 day meeting (either teleconference or face-to-face) with CAFBHO program subject matter experts to review the Contractor's activities and recommendations for the SBH Program and to discuss areas for program improvement and evaluation for the next contract option year period. 5.1.5 Consultation 5.1.5.1 The Contractor shall be responsible for program observation, tracking trends, identifying various program strengths and weaknesses, and make recommendations on corrective measures of various evidence-based interventions and best practices. 5.1.5.2 The Contractor shall provide guidance to the CAFBHO program managers in phasing and implementation of SBH programs. The CSP will assist in identifying areas of greatest need on an Army-wide scale. This Contractor shall assist in developing Army guidance on the composition of optimal primary care based emotional and behavioral health screening programs, and optimal staffing for such programs based on population size and need. The CSP shall serve as an external subject matter expert for the CAFBHO staff and team on all things related to SBH systems of care. 5.1.5.3 The Contractor shall consult with and advise referring physicians, command and VIP dignitaries collaborating with the CAFBHO on program development, treatment intervention and best practices specifically on issues pertaining to child and adolescent emotional and behavioral health concerns. Communicating with the key leaders on meeting the Army Family Covenant Goals is integral to a public health model of behavioral health care. 5.1.5.4 The Contractor shall provide adequate discussion with CAFBHO staff and leadership to assure that they have a full understanding of School-based Behavioral Health systems of care, psycho-educational intervention models as they relate to the unique and specific needs of Military Children and Adolescents. 5.1.6 Administrative 5.1.6.1 The Contractor shall prepare records and reports as required in support of services rendered in accordance with established procedures. Other reports and programs will be developed utilizing Microsoft Office Suite or compatible programs. 5.1.6.2 For each site visit, the Contractor shall provide approximately 4 to 6 hours of activities related to planning and follow-up teleconferences, preparing materials for the site visit and writing an analyses and recommendations report. 5.1.6.3 The Contractor shall submit a written analyses and recommendations report within 20 business days of completing the site visit to the CAFBHO SBH subject matter expert on the individual findings of each site training location. 5.1.6.4 The Contractor shall conduct internal evaluations and analyses of the SBH Program processes of those school systems on-posts, with intent to educate the schools off-post on how to potentially take actions that would lead to implementation of comparable SBH best practices and lessons learned. 5.2. Deliverables 5.2.1. The Contractor shall submit pre-site visit training agendas, Power Point presentations and training materials specifically customized for each individual facility/site 10 days prior to attending the site visit training. 5.2.2. The Contractor shall submit post-site visit training reports, to include observations, findings, analyses and recommendations, within 20 business days after the site visit training has been conducted. 5.2.3. The Contractor shall submit post-site visit training surveys of Government participants to the CAFBHO subject matter expert within 10 days after site visit training is conducted. 5.2.4. The Contractor shall submit to the CAFBHO subject matter expert a brochure for SBH training and consultation activities for the next contract option year within 10 business days following the annual meeting (teleconference or face-to-face) with the CAFBHO program subject matter experts. 5.2.5. CONTRACTOR MANPOWER REPORTING. 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. The Contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/. Reporting inputs will be for the labor executed during the period of performance during each Government 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 REGULATIONS AND MANUALS. Listed below are all applicable documents the Contractor must comply with by full title, date of most current version, and identified as either "Mandatory" or "Advisory." 6.2. Mandatory 6.2.1. Department of Defense (DoD) 5200.2-R, Personnel Security Program and AR 380-67, Personnel Security Program 6.2.2. AR 380-67, Personnel Security Program (Mandatory), January 24, 2014 6.2.3. H.R. 145, Public Law 100-235; Computer Security Act of 1987; DoDD 8500.01E, Information Assurance; DoDD 5200.2, DoD Personnel Security Program; and DoDI 1402.5, Criminal History Background Checks on Individuals in Child Care Services 6.2.4. DoDD 8500.01E, Information Assurance (Mandatory), October 24, 2002 6.2.5. DoDD 5200.2, DoD Personnel Security Program (Mandatory), September 9, 2014 6.2.6. DoDI 1402.5, Criminal History Background Checks on Individuals in Child Care Services (Mandatory), July 14, 2016 6.2.7. Joint Ethics Regulation 5500.7R (Mandatory), November 29, 2007 6.2.8. OPORD 14-44 (CHILD AND FAMILY BEHAVIORAL HEALTH SYSTEM (CAFBHS) IMPLEMENTATION) - USAMEDCOM AR 40-68, Clinical Quality Management (Mandatory), May 22, 2009 6.3 Advisory 6.3.1 MEDCOM, OPORD 14-44, Child and Family Behavioral Health System (CAFBHS) Implementation (Advisory), March 2014 6.3.2 Office of the Surgeon General (OTSG)/MEDCOM Policy Memo 13-062 (Mandatory), Policy for Reporting Incidents of Sexual Assault and Sexual Harassment under the Sexual Harassment/Assault Response and Prevention (SHARP) Program, 12 Nov 2013 6.4 The Contractor shall familiarize himself/herself with and adhere to the standard operating procedures of the Child, Adolescent & Family Behavioral Health Office and the Child and Family Behavioral Health System (CAFBHS) Operations Manual to Operations Order 14-44 (CABHS Implementation). 6.5 The Contractor shall abide by MTF bylaws, The Joint Commission, DoD and Medical Department regulations with regard to Utilization Review and Quality Assurance directives, including in- service training, maintenance of records, performance evaluation, and release of medical information. 7. Exhibits and Attachments. Listed below are all Exhibits and Attachments related to the PWS. Exhibits are terms and conditions of the contract and may be directly linked to the pricing of a contract line item number. Attachments are informational only, and will not become part of the resultant contract. 7.2. LIST OF EXHIBITS: Exhibit A Performance Requirements Statement (PRS) Exhibit B iRAPT Instructions Exhibit C Health Insurance Portability and Accountability Act (HIPAA) Business Associate Agreement (BAA) Exhibit D Tobacco Free Medical Campus (TFMC) Exhibit E Exclusion from Participation in Federal Health Care Programs (LEIE) Exhibit F Status of Forces Agreement (SOFA) Requirements and Information 7.3 LIST OF ATTACHEMENTS: Attachment 1 Quality Assurance Surveillance Plan EXHIBIT A - PRS Exhibit A - Performance Requirements Summary (PRS) Performance Objective and PWS paragraph Performance Standard Acceptable Quality Level (AQL) Method of Inspection Para 1.16.2. The Contractor, 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, shall report the incident immediately (within 24 hours) in writing to the Government's COR. The Contractor shall report the incident immediately, in writing, to the Government's COR. Reports must be submitted within 24 hours of the incident. Reporting requirements apply only to knowledge obtained by contractor personnel while performing services under this contract. Para 1.16.3. The Contractor, 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, shall report the incident immediately (within 24 hours) to the Government's COR. The Contractor shall report the incident immediately, in writing, to the Government's COR. Reports must be submitted within 24 hours of the incident. Reporting requirements apply only to knowledge obtained by contractor personnel while performing services under this contract. Para 5.1.3.2 The Contractor shall provide training and education, professional presentations and conduct literature reviews to implement Army standardized services of the School Behavioral Health program. The Contractor shall provide 12-16 hours of on-site training and education; training shall only be offered to faculty, staff, Program Coordinators and Clinical Providers. The Contractor will administer a standard CAFBHO School Behavioral Health Training/Consultation evaluation form at the conclusion of the on-site event to each participant. Satisfactory performance is defined as an average score of 3.0 or better on the 5-point scale in order to gauge the satisfactory level of the training. No less than 3.0 average rating per training session. COR will review the evaluation forms after each training session. Para 5.1.4.2 The Contractor shall collect, analyze and evaluate data on the participants to develop curriculum and guidance for school faculty, staff, SBH Program Coordinators and SBH clinical providers on model findings and evidence-based interventions that support appropriate interventions and management of the SBH program. The Contractor shall provide 1-2 hours of pre-site visit planning and 1-2 hours of post-site visit follow-up via telephone and/or video teleconferencing interaction with participating clinical professionals. These meetings shall include pre-site strategic planning, agenda development and program implementation. Annually, the Contractor shall participate in a 1 to 2 day meeting (either teleconference or face-to-face) with CAFBHO program subject matter expert to review the contractor's activities and recommendations for the SBH Program and to discuss areas for program improvement and evaluation for the next contract option year period. The Contractor will administer a standard CAFBHO School Behavioral Health Training/Consultation evaluation form at the conclusion of the on-site event to each participant. Satisfactory performance is defined as an average score of 3.0 or better on the 5-point scale in order to gauge the satisfactory level of the training. No less than 3.0 average rating per training session. COR will review the evaluation forms after each training session. Para 5.1.4.3 The Contractor shall be responsible for the content of School Behavioral Health training and utilization concepts of communities of practice, utilizing evidence-based methodology and best practices to provide education and training to CAFBHS SBH staff and providers in SBH programming and intervention in support of military Families. The Contractor will fill out a monthly report for submission to the COR regarding the content of the School Behavioral Health training and concepts. Initial inspection no later than 45 days after contract award will still be considered acceptable. On an "as-needed basis" should changes to the Operations Order 14-44 (CAFBHS Implementation) are made. COR will inspect a monthly report submitted by the Contractor. Para 5.1.5.2 The Contractor shall provide guidance to the CAFBHO program manager in phasing and implementation of SBH programs. The CSP will assist in identifying areas of greatest need on an Army-wide scale. The Contractor shall assist in developing Army guidance on the composition of optimal primary care based emotional and behavioral health screening programs, and optimal staffing for such programs based on population size and need. The Contractor shall be responsible for program observation, tracking trends, identifying various program strengths and weaknesses, and make recommendations on corrective measures of various evidence-based interventions and best practices. The Contractor will fill out a monthly report for submission to the COR regarding the content of the School Behavioral Health training and concepts. Recommendations must be made no later than 45 days of the annual meeting (teleconferencing or face-to-face) with the CAFBHO program manager to still be considered acceptable. COR will inspect a monthly report submitted by the Contractor. Para 5.1.5.3 The Contractor shall provide adequate discussion with CAFBHO staff and leadership to assure that they have a full understanding of School-based Behavioral Health systems of care, psycho-educational intervention models as they relate to the unique and specific needs of Military Children and Adolescents. The Contractor shall consult with and advise referring physicians, command and VIP dignitaries collaborating with the CAFBHO on program development, treatment intervention and best practices specifically on issues pertaining to child and adolescent emotional and behavioral health concerns. Consultation must be managed by integrating monthly meetings with CAFBHO staff and leadership. Monthly meetings must be scheduled and approved by COR no later than 60 days after contract award to be considered acceptable. Updates shall be submitted within two weeks of COR evaluation to still be considered acceptable. Periodic Inspection, monthly Para 5.1.6.4 The Contractor shall conduct internal evaluations and analyses of the SBH Program processes of those school systems on-posts, with intent to educate the schools off-post on how to potentially take actions that would lead to implementation of comparable SBH best practices and lessons learned. The Contractor shall provide approximately 4 to 6 hours of activities related to planning and follow-up teleconferences, preparing materials for the site visit and writing an analyses and recommendations report. The Contractor shall submit a written analyses and recommendation reports. Reports must be submitted no later than 20 business days of completing the site visit to the CAFBHO SBH subject matter expert on the individual findings of each site training location to be considered acceptable. Periodic Inspection, monthly (End of Exhibit A - PRS) EXHIBIT B - IRAPT PWS Exhibit B 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: ISSUE BY DODAAC: W81K04 ADMIN BY DODAAC: W81K04 INSPECT BY DODAAC: W45RBK ACCEPT BY DODAAC: W45RBK SHIP TO DODAAC: W45RBK PAYMENT OFFICE FISCAL STATION CODE: HQ0490 EMAIL POINTS OF CONTACT LISTING: (Use Group e-mail accounts if applicable) INSPECTOR Primary: Duane Thomas, Email: duane.d.thomas.civ@mail.mil Alternate: N/A ACCEPTOR Primary: Duane Thomas, Email: duane.d.thomas.civ@mail.mil Alternate: N/A RECEIVING OFFICE POC: Primary: Duane Thomas, Email: duane.d.thomas.civ@mail.mil Alternate: N/A CONTRACT ADMINISTRATOR/ SPECIALIST: Miranda N. Buntyn, Email: miranda.n.buntyn.civ@mail.mil DSN: Comm: - Fax: CONTRACTING OFFICER: See Block 31b on SF1449 for email address. ADDITIONAL CONTACT: Any modification requests must be in writing and submitted to: ADMIN DODAAC. (End of Exhibit B - iRAPT) EXHIBIT C - HIPPA/BAA PWS Exhibit C - HIPAA BAA Non-Defense Health Agency (Non-DHA) Health Insurance Portability and Accountability Act (HIPAA) Business Associate Agreement (BAA) (7 July 2014) Introduction In accordance with 45 CFR 164.502(e)(2) and 164.504(e) and paragraph C.3.4.1.3 of DoD 6025.18-R, "DoD Health Information Privacy Regulation," January 24, 2003, this document serves as a BAA between the signatory parties for purposes of the HIPAA and the "HITECH Act" amendments thereof, as implemented by the HIPAA Rules and DoD HIPAA Issuances (both defined below). The parties are a DoD Military Health System (MHS) component, acting as a HIPAA covered entity, and a DoD contractor, acting as a HIPAA business associate. The HIPAA Rules require BAAs between covered entities and business associates. Implementing this BAA requirement, the applicable DoD HIPAA Issuance (DoD 6025.18-R, paragraph C3.4.1.3) provides that requirements applicable to business associates must be incorporated (or incorporated by reference) into the contract or agreement between the parties. (a) Catchall Definition. Except as provided otherwise in this BAA, the following terms used in this BAA shall have the same meaning as those terms in the DoD HIPAA Rules: Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices (NoPP), Protected Health Information (PHI), Required By Law, Secretary, Security Incident, Subcontractor, Unsecured Protected Health Information, and Use. -Breach means actual or possible loss of control, unauthorized disclosure of or unauthorized access to PHI or other PII (which may include, but is not limited to PHI), where persons other than authorized users gain access or potential access to such information for any purpose other than authorized purposes, where one or more individuals will be adversely affected. The foregoing definition is based on the definition of breach in DoD Privacy Act Issuances as defined herein. -Business Associate shall generally have the same meaning as the term "business associate" in the DoD HIPAA Issuances, and in reference to this BAA, shall mean [insert name of Business Associate signatory to this BAA]. -Agreement means this BAA together with the documents and/or other arrangements under which the Business Associate signatory performs services involving access to PHI on behalf of the MHS component signatory to this BAA. -Covered Entity shall generally have the same meaning as the term "covered entity" in the DoD HIPAA Issuances, and in reference to this BAA, shall mean [insert name of MHS component signatory to this BAA]. -DHA Privacy Office means the DHA Privacy and Civil Liberties Office. The DHA Privacy Office Director is the HIPAA Privacy and Security Officer for DHA, including the National Capital Region Medical Directorate (NCRMD). -DoD HIPAA Issuances means the DoD issuances implementing the HIPAA Rules in the DoD Military Health System (MHS). These issuances are DoD 6025.18-R (2003), DoDI 6025.18 (2009), and DoD 8580.02-R (2007). -DoD Privacy Act Issuances means the DoD issuances implementing the Privacy Act, which are DoDD 5400.11 (2007) and DoD 5400.11-R (2007). -HHS Breach means a breach that satisfies the HIPAA Breach Rule definition of breach in 45 CFR 164.402. -HIPAA Rules means, collectively, the HIPAA Privacy, Security, Breach and Enforcement Rules, issued by the U.S. Department of Health and Human Services (HHS) and codified at 45 CFR Part 160 and Part 164, Subpart E (Privacy), Subpart C (Security), Subpart D (Breach) and Part 160, Subparts C-D (Enforcement), as amended by the 2013 modifications to those Rules, implementing the "HITECH Act" provisions of Pub. L. 111-5. See 78 FR 5566-5702 (Jan. 25, 2013) (with corrections at 78 FR 32464 (June 7, 2013)). Additional HIPAA rules regarding electronic transactions and code sets (45 CFR Part 162) are not addressed in this BAA and are not included in the term HIPAA Rules. -Service-Level Privacy Office means one or more offices within the military services (Army, Navy, or Air Force) with oversight authority over Privacy Act and HIPAA privacy compliance. I. Obligations and Activities of Business Associate (a) The Business Associate shall not use or disclose PHI other than as permitted or required by the Agreement or as required by law. (b) The Business Associate shall use appropriate safeguards, and comply with the DoD HIPAA Rules with respect to electronic PHI, to prevent use or disclosure of PHI other than as provided for by the Agreement. (c) The Business Associate shall report to Covered Entity any Breach of which it becomes aware, and shall proceed with breach response steps as required by Part V of this BAA. With respect to electronic PHI, the Business Associate shall also respond to any security incident of which it becomes aware in accordance with any Information Assurance provisions of the Agreement. If at any point the Business Associate becomes aware that a security incident involves a Breach, the Business Associate shall immediately initiate breach response as required by part V of this BAA. (d) In accordance with 45 CFR 164.502(e)(1)(ii)) and 164.308(b)(2), respectively), as applicable, the Business Associate shall ensure that any subcontractors that create, receive, maintain, or transmit PHI on behalf of the Business Associate agree to the same restrictions, conditions, and requirements that apply to the Business Associate with respect to such PHI. (e) The Business Associate shall make available PHI in a Designated Record Set, to the Covered Entity or, as directed by the Covered Entity, to an Individual, as necessary to satisfy the Covered Entity obligations under 45 CFR 164.524. (f) The Business Associate shall make any amendment(s) to PHI in a Designated Record Set as directed or agreed to by the Covered Entity pursuant to 45 CFR 164.526, or take other measures as necessary to satisfy Covered Entity's obligations under 45 CFR 164.526. (g) The Business Associate shall maintain and make available the information required to provide an accounting of disclosures to the Covered Entity or an individual as necessary to satisfy the Covered Entity's obligations under 45 CFR 164.528. (h) To the extent the Business Associate is to carry out one or more of Covered Entity's obligation(s) under the HIPAA Privacy Rule, the Business Associate shall comply with the requirements of HIPAA Privacy Rule that apply to the Covered Entity in the performance of such obligation(s); and (i) The Business Associate shall make its internal practices, books, and records available to the Secretary for purposes of determining compliance with the HIPAA Rules. II. Permitted Uses and Disclosures by Business Associate (a) The Business Associate may only use or disclose PHI as necessary to perform the services set forth in the Agreement or as required by law. The Business Associate is not permitted to de-identify PHI under DoD HIPAA issuances or the corresponding 45 CFR 164.514(a)-(c), nor is it permitted to use or disclose de-identified PHI, except as provided by the Agreement or directed by the Covered Entity. (b) The Business Associate agrees to use, disclose and request PHI only in accordance with the HIPAA Privacy Rule "minimum necessary" standard and corresponding DHA policies and procedures as stated in the DoD HIPAA Issuances. (c) The Business Associate shall not use or disclose PHI in a manner that would violate the DoD HIPAA Issuances or HIPAA Privacy Rules if done by the Covered Entity, except uses and disclosures for the Business Associate's own management and administration and legal responsibilities or for data aggregation services as set forth in the following three paragraphs. (d) Except as otherwise limited in the Agreement, the Business Associate may use PHI for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate. The foregoing authority to use PHI does not apply to disclosure of PHI, which is covered in the next paragraph. (e) Except as otherwise limited in the Agreement, the Business Associate may disclose PHI for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate, provided that disclosures are required by law, or the Business Associate obtains reasonable assurances from the person to whom the PHI is disclosed that it will remain confidential and used or further disclosed only as required by law or for the purposes for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached. (f) Except as otherwise limited in the Agreement, the Business Associate may use PHI to provide Data Aggregation services relating to the Covered Entity's health care operations. III. Provisions for Covered Entity to Inform Business Associate of Privacy Practices and Restrictions (a) The Covered Entity shall provide the Business Associate with the notice of privacy practices that the Covered Entity produces in accordance with 45 CFR 164.520 and the corresponding provision of the DoD HIPAA Issuances. (b) The Covered Entity shall notify the Business Associate of any changes in, or revocation of, the permission by an Individual to use or disclose his or her PHI, to the extent that such changes affect the Business Associate's use or disclosure of PHI. (c) The Covered Entity shall notify the Business Associate of any restriction on the use or disclosure of PHI that the Covered Entity has agreed to or is required to abide by under 45 CFR 164.522, to the extent that such changes may affect the Business Associate's use or disclosure of PHI. IV. Permissible Requests by Covered Entity The Covered Entity shall not request the Business Associate to use or disclose PHI in any manner that would not be permissible under the HIPAA Privacy Rule or any applicable Government regulations (including without limitation, DoD HIPAA Issuances) if done by the Covered Entity, except for providing Data Aggregation services to the Covered Entity and for management and administrative activities of the Business Associate as otherwise permitted by this BAA. V. Breach Response (a) In general. In the event of a breach of PII/PHI held by the Business Associate, the Business Associate shall follow the breach response requirements set forth in this Part V, which is designed to satisfy both the Privacy Act and HIPAA as applicable. If a breach involves PII without PHI, then the Business Associate shall comply with DoD Privacy Act Issuance breach response requirements only; if a breach involves PHI (a subset of PII), then the Business Associate shall comply with both Privacy Act and HIPAA breach response requirements. A breach involving PHI may or may not constitute an HHS Breach. If a breach is not an HHS Breach, then the Business Associate has no HIPAA breach response obligations. In such cases, the Business Associate must still comply with breach response requirements under the DoD Privacy Act Issuances. If the DHA Privacy Office determines that a breach is an HHS Breach, then the Business Associate shall comply with both the HIPAA Breach Rule and DoD Privacy Act Issuances, as directed by the DHA Privacy Office, regardless of whether the breach occurs at DHA or at one of the Service components. If the DHA Privacy Office determines that the breach does not constitute an HHS Breach, then the Business Associate shall comply with DoD Privacy Act Issuances, as directed by the applicable Service-Level Privacy Office. The Business Associate shall contact the Covered Entity for guidance when the incident is not an HHS Breach. This Part V is designed to satisfy the DoD Privacy Act Issuances and the HIPAA Breach Rule as implemented by the DoD HIPAA Issuances. In general, for breach response, the Business Associate shall report the breach to the Covered Entity, assess the breach incident, notify affected individuals, and take mitigation actions as applicable. Because DoD defines "breach" to include possible (suspected) as well as actual (confirmed) breaches, the Business Associate shall implement these breach response requirements immediately upon the Business Associate's discovery of a possible breach. (b) Government Reporting Provisions The Business Associate shall report the breach within one hour of discovery to the Covered Entity and to the U.S. Computer Emergency Readiness Team (US CERT) -the other parties as deemed appropriate by the Covered Entity. The Business Associate is deemed to have discovered a breach as of the time a breach (suspected or confirmed) is known, or by exercising reasonable diligence would have been known, to any person (other than the person committing it) who is an employee, officer or other agent of the Business Associate. The Business Associate shall submit the US-CERT report using the online form at https://forms.us-cert.gov/report/. Before submission to US-CERT, the Business Associate shall save a copy of the on-line report. After submission, the Business Associate shall record the US-CERT Reporting Number. Although only limited information about the breach may be available as of the one hour deadline for submission, the Business Associate shall submit the US-CERT report by the deadline. The Business Associate shall e-mail updated information as it is obtained, following the instructions at http://www.us-cert.gov/pgp/email.html. The Business Associate shall provide a copy of the initial or updated US-CERT report to the -Covered Entity and the applicable Service-Level Privacy Office, if requested by either. Business Associate questions about US-CERT reporting shall be directed to the Covered Entity or Service-Level Privacy Office, not the US-CERT office. The additional U.S. Army and the U.S. Army Medical Command (MEDCOM) reporting requirements are addressed in the PII Breach Reporting and Notification Policy. The latest version of this policy can be obtained from the Covered Entity or the MEDCOM Privacy Act/Freedom of Information Act (FOIA) Office at: usarmy.jbsa.medcom.list.medcom-foia-users@mail.mil. If multiple beneficiaries are affected by a single event or related set of events, then a single reportable breach may be deemed to have occurred, depending on the circumstances. The Business Associate shall inform the Covered Entity as soon as possible if it believes that "single event" breach response is appropriate; the Covered Entity will determine how the Business Associate shall proceed and, if appropriate, consolidate separately reported breaches for purposes of Business Associate report updates, beneficiary notification, and mitigation. When a Breach Report initially submitted is incomplete or incorrect due to unavailable information, or when significant developments require an update, the Business Associate shall submit a revised form or forms, stating the updated status and previous report date(s) and showing any revisions or additions in red text. Examples of updated information the Business Associate shall report include, but are not limited to: confirmation on the exact data elements involved, the root cause of the incident, and any mitigation actions to include, sanctions, training, incident containment, follow-up, etc. The Business Associate shall submit these report updates promptly after the new information becomes available. Prompt reporting of updates is required to allow the Covered Entity to make timely final determinations on any subsequent notifications or reports. The Business Associate shall provide updates to the same parties as required for the initial Breach Report. The Business Associate is responsible for reporting all information needed by the Covered Entity to make timely and accurate determinations on reports to HHS as required by the HHS Breach Rule and reports to the Defense Privacy and Civil Liberties Office as required by DoD Privacy Act Issuances. In the event the Business Associate is uncertain on how to apply the above requirements, the Business Associate shall consult with the Covered Entity (or the Service-Level Privacy Office, which will consult with the DHA Privacy Office as appropriate) when determinations on applying the above requirements are needed. (c) Individual Notification Provisions If the DHA Privacy Office determines that individual notification is required, the Business Associate shall provide written notification to individuals affected by the breach as soon as possible, but no later than 10 working days after the breach is discovered and the identities of the individuals are ascertained. The 10 day period begins when the Business Associate is able to determine the identities (including addresses) of the individuals whose records were impacted. The Business Associate's proposed notification to be issued to the affected individuals shall be submitted to the parties to which reports are submitted under paragraph V (a) for their review, and for approval by the DHA Privacy Office. Upon request, the Business Associate shall provide the DHA Privacy Office with the final text of the notification letter sent to the affected individuals. If different groups of affected individuals receive different notification letters, then the Business Associate shall provide the text of the letter for each group. (PII shall not be included with the text of the letter(s) provided.) Copies of further correspondence with affected individuals need not be provided unless requested by the Privacy Office. The Business Associate's notification to the individuals, at a minimum, shall include the following: -The individual(s) must be advised of what specific data was involved. It is insufficient to simply state that PII has been lost. Where names, Social Security Numbers (SSNs) or truncated SSNs, and Dates of Birth (DOBs) are involved, it is critical to advise the individual that these data elements potentially have been breached. -The individual(s) must be informed of the facts and circumstances surrounding the breach. The description should be sufficiently detailed so that the individual clearly understands how the breach occurred. -The individual(s) must be informed of what protective actions the Business Associate is taking or the individual can take to mitigate against potential future harm. The notice must refer the individual to the current Federal Trade Commission (FTC) web site pages on identity theft and the FTC's Identity Theft Hotline, toll-free: 1-877-ID-THEFT (438-4338); TTY: 1-866-653-4261. -The individual(s) must also be informed of any mitigation support services (e.g., one year of free credit monitoring, identification of fraud expense coverage for affected individuals, provision of credit freezes, etc.) that the Business Associate may offer affected individuals, the process to follow to obtain those services and the period of time the services will be made available, and contact information (including a phone number, either direct or toll-free, e-mail address and postal address) for obtaining more information. Business Associates shall ensure any envelope containing written notifications to affected individuals are clearly labeled to alert the recipient to the importance of its contents, e.g., "Data Breach Information Enclosed," and that the envelope is marked with the identity of the Business Associate and/or subcontractor organization that suffered the breach. The letter must also include contact information for a designated POC to include, phone number, email address, and postal address. If the Business Associate determines that it cannot readily identify, or will be unable to reach, some affected individuals within the 10 day period after discovering the breach, the Business Associate shall so indicate in the initial or updated Breach Report. Within the 10 day period, the Business Associate shall provide the approved notification to those individuals who can be reached. Other individuals must be notified within 10 days after their identities and addresses are ascertained. The Business Associate shall consult with the DHA Privacy Office, which will determine which media notice is most likely to reach the population not otherwise identified or reached. The Business Associate shall issue a generalized media notice(s) to that population in accordance with Privacy Office approval. The Business Associate shall, at no cost to the government, bear any costs associated with a breach of PII/PHI that the Business Associate has caused or is otherwise responsible for addressing. Breaches are not to be confused with security incidents (often referred to as cyber security incidents when electronic information is involved), which may or may not involve a breach of PII/PHI. In the event of a security incident not involving a PII/PHI breach, the Business Associate shall follow applicable DoD Information Assurance requirements under its Agreement. If at any point the Business Associate finds that a cyber security incident involves a PII/PHI breach (suspected or confirmed), the Business Associate shall immediately initiate the breach response procedures set forth here. The Business Associate shall also continue to follow any required cyber security incident response procedures to the extent needed to address security issues, as determined by DoD/DHA. VI. Termination (a) Termination. Noncompliance by the Business Associate (or any of its staff, agents, or subcontractors) with any requirement in this BAA may subject the Business Associate to termination under any applicable default or other termination provision of the Agreement. (b) Effect of Termination. (1) If the Agreement has records management requirements, the Business Associate shall handle such records in accordance with the records management requirements. If the Agreement does not have records management requirements, the records should be handled in accordance with paragraphs (2) and (3) below. If the Agreement has provisions for transfer of records and PII/PHI to a successor Business Associate, or if DHA gives directions for such transfer, the Business Associate shall handle such records and information in accordance with such Agreement provisions or DHA direction. (2) If the Agreement does not have records management requirements, except as provided in the following paragraph (3), upon termination of the Agreement, for any reason, the Business Associate shall return or destroy all PHI received from the Covered Entity, or created or received by the Business Associate on behalf of the Covered Entity that the Business Associate still maintains in any form. This provision shall apply to PHI that is in the possession of subcontractors or agents of the Business Associate. The Business Associate shall retain no copies of the PHI. (3) If the Agreement does not have records management provisions and the Business Associate determines that returning or destroying the PHI is infeasible, the Business Associate shall provide to the Covered Entity notification of the conditions that make return or destruction infeasible. Upon mutual agreement of the Covered Entity and the Business Associate that return or destruction of PHI is infeasible, the Business Associate shall extend the protections of the Agreement to such PHI and limit further uses and disclosures of such PHI to those purposes that make the return or destruction infeasible, for so long as the Business Associate maintains such PHI. VII. Miscellaneous (a) Survival. The obligations of Business Associate under the "Effect of Termination" provision of this BAA shall survive the termination of the Agreement. (b) Interpretation. Any ambiguity in the Agreement shall be resolved in favor of a meaning that permits the Covered Entity and the Business Associate to comply with the HIPAA Rules and the DoD HIPAA Rules. (End of Exhibit C - HIPAA BAA) EXHIBIT D - TFMC Exhbit D - TFMC 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. (End of Exhibit D - TFMC) EXHIBIT E - LEIE Exhibit E - LEIE 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. (End of Exhibit E - LEIE) EXHIBIT F - SOFA Exhibit F - Status of Forces Agreement (SOFA) Requirements and Information SOFA - Germany Status of Forces Agreement (SOFA): The NATO Status of Forces Agreement (SOFA), Article III, requires that eligible civilian employees and their dependents have a SOFA identification in their official passports. This identification is commonly called a SOFA stamp or SOFA letter. It identifies the bearer as a person who is entitled to unrestricted entry and exit from most foreign countries. The following SOFA identification information is general and not inclusive of all the requirements necessary to travel to a particular country for the purposes of employment under this contract. The contractor must coordinate with the COR, local SOFA offices, and other offices for information about obtaining a SOFA stamps, Visas and/or any other requirements necessary for employment in the country where the position is located. All fees associated with SOFA stamps, working permits and/or visas are not reimbursed by the Government. For more information on SOFA identification requirements, review USAREUR Regulation 600-77, Status of Forces Agreement Identification in Germany, available at: https://aepubs.army.mil/pdfpubs/AER600-77_1003018!.pdf. SOFA IDENTIFICATION REQUIREMENTS FOR GERMANY. United States citizen civilian contractor employees who are entitled to only tourist passports and non-US citizen or stateless family members get SOFA letters. SOFA letters identify the passport bearer as a person who is entitled to unrestricted entry into and exit from Germany and to benefits, privileges, and protection under the NATO SOFA and the Supplementary Agreement to the NATO SOFA. In other words, passport bearers with valid SOFA identification generally may enter, remain, and exit Germany without obtaining visas. The Contractor is responsible for ensuring all country clearances, passports, visas, and accreditations required by the Host Nation are obtained prior to employment of individuals under this contract. In the event a proposed contract employee is denied Host Nation approval, accreditation and/or permission, the Contractor shall submit like documentation for another nominee. SOFA - Japan CONTRACTS TO BE PERFORMED IN JAPAN. The Status of Forces Agreement between the United States and Japan (SOFA) governs the rights and obligations of the United States armed forces in Japan. Unless a contractor is present in Japan solely to perform under a contract with the United States for the sole benefit of the United States armed forces in Japan and is accorded privileges under SOFA Article XIV, it and its employees shall be subject to all the laws and regulations of Japan, including the US-Japan SOFA. Certain contractor employees and their dependents not accorded privileges under SOFA Article XIV may be accorded status under SOFA Article I(b) with potential eligibility for logistic support. Dependents of contractors or of contractor employees who receive SOFA Article XIV status do not receive SOFA status under SOFA Article XIV or SOFA Article I(b) based on their status as dependents. The Contractor shall comply with the instruction of the Contracting Officer concerning the entry of its employees, equipment, and supplies into Japan, and shall comply with all applicable Japanese laws and regulations as well United States Forces, Japan (USFJ) and USFJ component policies and regulations during the performance of this contract. A United States contractor sending United States citizens to Japan for a short period of time (i.e. two week period) would generally not be eligible for or require Article XIV status under the US-Japan SOFA. These CSPs can enter the country on a U.S. tourist passport. The KO will issue the contractor a Letter of Identification - Official Travel of Government Contractors (LOI) for each CSP covering the period of performance. The contractor shall ensure the CSP carries the LOI with them at all times during while travelling. SOFA - Republic of Korea Designation as a US Invited Contractor or Technical Representative under the ROK-US SOFA ("SOFA status") is a legal requirement for US contractors to perform in support of the US Armed Forces in the ROK. In Korea SOFA Designation is a 2 STEP process. SOFA designation is a unilateral right of USFK. The US-ROK SOFA is an international agreement as defined in FAR 25.8. The SOFA document may be accessed on-line at: http://www.usfk.mil/usfk/sofa. USFK Regulation 700-19 implements the US-ROK SOFA and may be accessed online at: http://8tharmy.korea.army.mil/g1_AG/Programs_Policy/Publication_Records_Reg_USFK.htm. SOFA designation requests may be made via email (STEP 1) to Ms. A Chong, Yim at usarmy.yongsan.411-contr-spt-bde.mbx.411th-csb-fkaq-wor@mail.mil or DSN 315-724-6162, and (STEP 2) to Mr. Cecconi, David T. at usarmy.yongsan.411-contr-spt-bde.mbx.411th-csb-fkaq@mail.mil or DSN 315-724-6211. *Contact information is subject to change. STEP 1. The contracting officer submits a request for SOFA designation to USFK/FKAQ on the contract. The SOFA designation request consists of two separate memorandums; (1) Designation Request to include PWS and (2) Post-Award Coordination. Before non-Korean contracts can receive SOFA designation (and be legally permitted to perform in the ROK) at least one of four criteria must be met: (1) Limitation of US law (rarely used) (2) Security considerations (3) Technical qualifications * (4) Unavailability of materials or services in the ROK* If citing exception (3) or (4), the contracting officer must insert in the "justification section" of the SOFA request memo the statement below verifying no Korean firm can perform the work. When using (3) technical qualification as the justification exception in the SOFA request memo, use this verbiage: "Market research was conducted and no one in Korea is technically qualified to perform this requirement." When using (4) unavailability of service as the justification exception in the SOFA request memo, use this verbiage: "Market research was conducted and no one in Korea is able to perform this requirement." * If citing (3) or (4) and the verbiage above is not stated, your contract SOFA request may not be approved. Along with the designation request, submit a copy of the applicable statement of work (SOW) or performance work statement (PWS), copy of base contract and/or modification by the contracting officer of base contract if period of performance has extended (if available). In addition, ensure a SOFA clause is incorporated into the contract or solicitation (if pre-award) and that proof (contract/solicitation/modification) of such clause is submitted with the designation request. Without a SOFA clause in the solicitation and/or contract, FKAQ will not process the request. A sample of the SOFA clause is attached below. *After the contract is awarded, the contracting officer must submit a "Post Award Coordination" to complete the designation. STEP 2. Upon initiating the Designation Request, the USFK Sponsoring Agency (typically also the requiring activity) will appoint a Responsible Officer (RO) who will perform the duties set out in USFK Reg 700-19. The RO will be responsible for preparing the initial designation package inclusive of the following for FKAQ processing: a. USFK Form 700-19A-R-E (Complete Part I and II of this form). b. Letter of Accreditation signed by the head of the requiring activity. List one (1) IC and dependents. Each IC must be on separate Accreditation letter. c. USFK Regulation 350-2, Theater Specific Required Training certificate of completion. d. Face page and all stamped pages of the passport must be submitted. Do not submit blank pages only the stamped pages. * Additional documents may be required to meet the SOFA requirements as outlined in the USFK Regulation 700-19 and Article XV of the SOFA Agreement in meeting ordinarily residence in the U.S. requirement such as, and in order of preference: home mortgage/apartment lease agreements, household bills/statements, credit card statements, bank statements, water, sewage, electric, gas, cable, internet bills, tax returns, or any other documentation FKAQ deems necessary to determine eligibility for IC status. With the exception of the passport, the requested documents must be from 3 different source documents from 3 different months all within the last 6 months for review. The documents may be redacted but must show at minimum name, address, usage, and date. Failure to provide requested information, providing incomplete information, or providing inaccurate information is a basis to deny an employee IC status. Each exercise of option modification must be submitted with the 700-19's SOFA request package. SOFA designations for each individual contractor are based on each funded contract based on each exercise of option year modifications. USFK/FKAQ will review the packet and complete Part III of USFK Form 700-19A-R-E. This may take up to 10 days. (End of Exhibit F - Status of Forces Agreement (SOFA) Requirements and Information) ATTACHMENT 1 - QASP Quality Assurance Surveillance Plan (QASP) For Child, Adolescent and Family Behavioral Health Office School Behavioral Health Program Training and Education Service 1. Purpose. This Quality Assurance Surveillance Plan (QASP) is a government developed and applied document used to provide a standard of surveillance for monitoring the professional training and development, education, and consultation services in support of the Child, Adolescent and Family Behavioral Health System (CAFBHS) School Behavioral Health (SBH) Program contract. This QASP establishes the approach the government will use to conduct surveillance of the contractor's quality control. 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. Introduction 2.1. This QASP has been developed to evaluate contractor performance while implementing the Performance Work Statement (PWS). It is designed to provide an effective surveillance method of monitoring contractor performance for each listed objective on the Performance Requirement Summary (PRS) in the support contract. 2.1.1. The QASP is based on the premise the government desires to maintain quality and standards. The QASP is a tool for use in government administration of the PWS and remains subject to revision at any time by the government throughout the contract performance period. 2.1.2. The contractor is responsible for management and quality control actions to meet the terms of the contract. The role of the government's quality assurance (QA) representative is to ensure the contractor performs quality control to adequately meet contract standards. 2.1.3. The contractor's quality control plan/program is the mechanism for evaluating product quality. The contractor is required to maintain a comprehensive program of inspections and monitoring actions. 2.1.4. From the start of the contract, all contractor operational procedures and quality assurance measures will be tested and implemented. As the performance period progresses, the levels of surveillance may be altered for service areas in cases where performance is either consistently excellent or consistently unsatisfactory. If observations reveal consistently good performance, then the amount of surveillance may be reduced. If observations reveal consistent deficiencies, increased surveillance may be implemented. 3. Government Roles and Responsibilities. The purpose of QA is to ensure that the contractor is fully performing its QC responsibilities and meeting its obligations to the government. The roles and responsibilities of the stakeholders involved in QA are described below. 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. Contracting Officer Representative (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 will occur under the terms and conditions of the contract for inspection. 3.3. Quality Assurance Evaluators (QAE). If applicable, the COR will work with the Quality Assurance Evaluators (QAEs) to execute some administrative duties in order to ensure that the QA function is properly executed. The Government QAEs play a key role in contract administration. They provide technical assistance to the COR, perform the actual contract surveillance, and report to the COR. 3.4. Other Key Government Personnel. Upon award, the government may utilize performance monitors, clinical quality experts, etc., who may provide input to the COR for reporting purposes. 4. Scope of Government Quality Assurance Surveillance 4.1. The procurement of commercial services under FAR Part 12, Acquisition of Commercial Items, provides the basis for quality assurance. Pursuant to FAR Clause 52.212-4, Contract Terms and Conditions-Commercial Items, (a) Inspection/Acceptance: "The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. If repair/re-performance will not correct the defects or is not possible, the government may seek a price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights- (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. 4.2. Customarily, the government will require the contractor to re-perform any services that are found to be nonconforming with government standards. The government may, in addition to requesting re-performance of nonconforming service, seek price reductions or adequate consideration. 4.3. The government's remedies of re-performance and price reduction are applicable to all services outputs covered in the PWS. When the COR detects substandard performance for a particular service output, he/she will bring the deficiency to the immediate attention of the contractor and request the contractor correct the problem. If the number of deficiencies exceeds the level for satisfactory performance (i.e., AQL), the COR will render that service as unacceptable. Any discrepancies created by the government are not to be counted against the contractor's performance. 4.4. When the contractor exceeds the AQL, the COR may submit a Contract Discrepancy Report (CDR) with recommendations to the KO. The KO will determine the action deemed appropriate for the discrepancy which may include issuance of a CDR, payment deduction, Cure Notice, or contract termination. 4.5. The contractor's routine performance is evaluated objectively against the performance based standards provided in the PWS. The basis of performance based contracting allows for some flexibility in enforcement to encourage innovation by the contractor in achieving the desired results. The Government has the right to inspect and test all services called for in the contract. When services are deficient and cannot be re-performed satisfactorily by the contractor, the Government will refer to the Inspection of Services clause for remediation. 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: 5.1.1. 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). 5.1.2. Periodic Inspection. The government may conduct periodic inspections monthly, quarterly, or on an as-needed basis. The periodic inspection shall be conducted by the COR. 5.1.3. Random Inspection. The government may conduct random monitoring by reviewing information/reports required and submitted in accordance with the contract. The random monitoring shall be performed by the COR. 5.1.4. 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. 5.1.5. 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 met the standards identified in the PWS/contract. 6. Performance Requirements Summary (PRS). Performance Objective and PWS paragraph Performance Standard Acceptable Quality Level (AQL) Method of Inspection Para 1.16.2. The Contractor, 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, shall report the incident immediately (within 24 hours) in writing to the Government's COR. The Contractor shall report the incident immediately, in writing, to the Government's COR. Reports must be submitted within 24 hours of the incident. Reporting requirements apply only to knowledge obtained by contractor personnel while performing services under this contract. Para 1.16.3. The Contractor, 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, shall report the incident immediately (within 24 hours) to the Government's COR. The Contractor shall report the incident immediately, in writing, to the Government's COR. Reports must be submitted within 24 hours of the incident. Reporting requirements apply only to knowledge obtained by contractor personnel while performing services under this contract. Para 5.1.3.2 The Contractor shall provide training and education, professional presentations and conduct literature reviews to implement Army standardized services of the School Behavioral Health program. The Contractor shall provide 12-16 hours of on-site training and education; training shall only be offered to faculty, staff, Program Coordinators and Clinical Providers. The Contractor will administer a standard CAFBHO School Behavioral Health Training/Consultation evaluation form at the conclusion of the on-site event to each participant. Satisfactory performance is defined as an average score of 3.0 or better on the 5-point scale in order to gauge the satisfactory level of the training. No less than 3.0 average rating per training session. COR will review the evaluation forms after each training session. Para 5.1.4.2 The Contractor shall collect, analyze and evaluate data on the participants to develop curriculum and guidance for school faculty, staff, SBH Program Coordinators and SBH clinical providers on model findings and evidence-based interventions that support appropriate interventions and management of the SBH program. The Contractor shall provide 1-2 hours of pre-site visit planning and 1-2 hours of post-site visit follow-up via telephone and/or video teleconferencing interaction with participating clinical professionals. These meetings shall include pre-site strategic planning, agenda development and program implementation. Annually, the Contractor shall participate in a 1 to 2 day meeting (either teleconference or face-to-face) with CAFBHO program subject matter expert to review the contractor's activities and recommendations for the SBH Program and to discuss areas for program improvement and evaluation for the next contract option year period. The Contractor will administer a standard CAFBHO School Behavioral Health Training/Consultation evaluation form at the conclusion of the on-site event to each participant. Satisfactory performance is defined as an average score of 3.0 or better on the 5-point scale in order to gauge the satisfactory level of the training. No less than 3.0 average rating per training session. COR will review the evaluation forms after each training session. Para 5.1.4.3 The Contractor shall be responsible for the content of School Behavioral Health training and utilization concepts of communities of practice, utilizing evidence-based methodology and best practices to provide education and training to CAFBHS SBH staff and providers in SBH programming and intervention in support of military Families. The Contractor will fill out a monthly report for submission to the COR regarding the content of the School Behavioral Health training and concepts. Initial inspection no later than 45 days after contract award will still be considered acceptable. On an "as-needed basis" should changes to the Operations Order 14-44 (CAFBHS Implementation) are made. COR will inspect a monthly report submitted by the Contractor. Para 5.1.5.2 The Contractor shall provide guidance to the CAFBHO program manager in phasing and implementation of SBH programs. The CSP will assist in identifying areas of greatest need on an Army-wide scale. The Contractor shall assist in developing Army guidance on the composition of optimal primary care based emotional and behavioral health screening programs, and optimal staffing for such programs based on population size and need. The Contractor shall be responsible for program observation, tracking trends, identifying various program strengths and weaknesses, and make recommendations on corrective measures of various evidence-based interventions and best practices. The Contractor will fill out a monthly report for submission to the COR regarding the content of the School Behavioral Health training and concepts. Recommendations must be made no later than 45 days of the annual meeting (teleconferencing or face-to-face) with the CAFBHO program manager to still be considered acceptable. COR will inspect a monthly report submitted by the Contractor. Para 5.1.5.3 The Contractor shall provide adequate discussion with CAFBHO staff and leadership to assure that they have a full understanding of School-based Behavioral Health systems of care, psycho-educational intervention models as they relate to the unique and specific needs of Military Children and Adolescents. The Contractor shall consult with and advise referring physicians, command and VIP dignitaries collaborating with the CAFBHO on program development, treatment intervention and best practices specifically on issues pertaining to child and adolescent emotional and behavioral health concerns. Consultation must be managed by integrating monthly meetings with CAFBHO staff and leadership. Monthly meetings must be scheduled and approved by COR no later than 60 days after contract award to be considered acceptable. Updates shall be submitted within two weeks of COR evaluation to still be considered acceptable. Periodic Inspection, monthly Para 5.1.6.4 The Contractor shall conduct internal evaluations and analyses of the SBH Program processes of those school systems on-posts, with intent to educate the schools off-post on how to potentially take actions that would lead to implementation of comparable SBH best practices and lessons learned. The Contractor shall provide approximately 4 to 6 hours of activities related to planning and follow-up teleconferences, preparing materials for the site visit and writing an analyses and recommendations report. The Contractor shall submit a written analyses and recommendation reports. Reports must be submitted no later than 20 business days of completing the site visit to the CAFBHO SBH subject matter expert on the individual findings of each site training location to be considered acceptable. Periodic Inspection, monthly 7. Successful Performance. 7.1. Acceptable services for performance is demonstrated by an accepted and executed certified invoice and receiving report. 7.2. The acceptable quality level (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 will be retained by the COR 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 or the QAE. Such documentation may include 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 will maintain his/her file in the COR Tracking Tool throughout the contract period of performance. Pertinent documentation flows into the automated official contract file. 9. Certification of Services. Certification of services is performed by the COR via Invoices Receipt Acceptance and Property Transfer (iRAPT) application in the WAWF suite.. 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 conducted by the 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. 10. QASP Checklist, Attachment 1 to QASP 11. Contract Discrepancy Report (CDR), Attachment 2 to QASP (Optional) [End of Attachment 1 - QASP] CLAUSES INCORPORATED BY REFERENCE 52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-1 ADDENDUM 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 to the contracting officer and contract specialist identified for this solicitation. Telegraphic and facsimile responses will NOT be accepted. The entire quote shall be submitted as one (1) file; as an Adobe Acrobat document (.pdf). 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. To assure timely and equitable evaluation of quote(s), the quoter must follow the instructions contained herein. The quoter is required to meet all solicitation requirements, including terms and conditions, representations and certifications, and those identified as evaluation factors and 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 second 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. All quotes received after this due date and time may be considered late in accordance with FAR 52.212-1(f). The email addresses for the contracting officer and contract specialist are hereby designated by this solicitation as the Government office for the receipt of quotes as referenced in FAR Clause 52.212-1(f). 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. The Government will award a contract resulting from this solicitation to the responsible quoter whose offer conforming to the solicitation will be the best value offered to the Government, price and other factors considered using the best value, tradeoff source selection method. Prior to being considered for award, the quoter shall fully demonstrate that it possesses the capabilities which the Government has determined essential to the reliable, efficient and timely accomplishment of the required services. Lack of any of these significant capabilities shall be considered sufficient cause for a quote to be determined unacceptable. The technical quote shall provide sufficient detail for the Government to determine whether the quote satisfactorily meets the minimum requirements of the PWS. Statements that the quoter understands, can or will comply with all specifications, or statements paraphrasing the specifications of parts thereof, or phrases such as "standard procedures will be used" or "well-known techniques will be used," may be considered insufficient. Quoters are cautioned that award may not necessarily be made to the lowest price 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 and point of contact information of a corporate officer 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 pricing quoted for each quantity identified at the CLINs, 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. (b.) One completed copy of FAR Provision 52.212-3, Quoter Representations and Certifications - Commercial Items, Alternate I. (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.) 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 (f.) Quote's 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 1C. The technical narrative shall not exceed 20 pages. 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. The technical narrative shall be responsive to the following evaluation Factors and Subfactors: (1) Factor 1: Technical and Management Capability: Subfactors 1A through 1C will be evaluated and will result in an overall technical evaluation rating for Factor 1. Along with addressing components of the PWS, the quote shall address each Factor and Subfactor listed below separately, and shall provide sufficient narrative and supporting data for each. Subfactor 1A. Technical Capability/Experience: Submit a narrative and/or flow charts describing the quoter's understanding/knowledge and experience of providing training/education, development, and consultation specifically in the clinical psychology facet of child and adolescent behavior with a focus in school behavioral health (SBH) programs identified in section 5 of the PWS. This experience should include curriculum development, implementation and review of SBH programs and systems of care for children and adolescents. The quoter shall provide details of previous and/or current training and utilization concepts for communities of practice. The quoter shall provide examples where subject matter expertise in designing, implementation and evaluation programs metrics to assess best-care practices. The quoter shall highlight any related experience in exporting programs of care for Military Children and Adolescents in a standardized way to provide maximal outreach of these programs to beneficiaries. The quoter shall list examples of providing clinical consultation and input for diagnosing, treating and prescribing therapeutic care, research or program development. Subfactor 1B. Key Personnel Qualifications: Submit proof of the required education, certifications and clinical licenses identified in Section 4 of the PWS for key personnel and/or the anticipated contract service provider. Submit a narrative and/or flow charts describing the details of the quoter's experience with clinical Psychology with child and adolescent behavior and school behavioral health; the quoter must describe how many years within this practice/profession key personnel and/or the anticipated contract service provider possesses. The quoter must identify the ability of key personnel and/or the anticipated contract service provider to travel within (CONUS) and outside the continental United States (OCONUS). The quoter shall also show a record of professional publications for key personnel and/or the anticipated contract service provider. The quoter shall specify the quoter's familiarity and/or the anticipated contract service provider's familiarity with common office software such as Microsoft Excel, Microsoft Word, and Microsoft PowerPoint, Microsoft Access, and electronic mail systems. Subfactor 1C. Management Capability and Staffing Plan: Submit a narrative describing the approach to ensuring compliancy is met by industry standards, internal regulations and the requiring activity's business rules and protocol set forth by sections 5 and 6 of the PWS. Provide a staffing plan describing how this requirement will be fulfilled. Include details as to how the staffing plan related to the level of effort detailed in section 5 of the PWS. If your quote involves another company/companies (i.e. teaming arrangement), clearly identify the company(ies) by name and CAGE code; the proposed teaming arrangement with the company(ies) and the capacity in which the other company(ies) will serve in the management of this effort. (2) Factor 2: Past and/or Present Performance. The quoter shall submit evidence of past and/or present performance for a maximum of three (3) contracts under which same or similar services were performed in the past three years. Quoters may submit references for contracts and/or subcontracts that include performance with federal, state and local Governments, private industry and commercial customers, and those performed as a teaming or joint venture partner. 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 of present performance. If you have not performed any same or similar contracts, you may furnish any other past or present performance information performed in the past three years which you believe demonstrates your ability to perform the services required by this solicitation. Other past or present 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. a. Relevant contracts are defined as those where services involved providing training/education, development, and consultation specifically in the clinical psychology facet of child and adolescent behavior with a focus in school behavioral health (SBH) programs. b. Since the Government may obtain past performance information from sources other than those provided with the quote, quoters are encouraged to provide details on any past performance problems and the corrective actions taken. Additionally, the Government may or may not obtain information on all of the quoter's listed contract references and/or may or may not contact all of the identified POCs. (3) Factor 3: Price. In addition to the completed copy of the CLINs table beginning on page 2 of the solicitation, the quoter shall provide other than cost or pricing data in the form of a narrative and/or Excel spreadsheet, which describes in sufficient detail and supports the elements that make up their quote. Examples of price breakdown may include direct labor hours and rates, indirect costs, fringe benefits, etc. This factor will be evaluated to determine the extent to which the total evaluated price is fair and reasonable in terms of the Government's requirement. To determine price fair and reasonable the Government will use price analysis techniques, such as comparison of quoted prices with the prices of all quoters that meet the minimum Factor 1 requirements of the solicitation, comparison of quoted prices to historical prices paid, comparison of quoted prices with competitive published market prices, comparison of quoted prices with independent Government cost estimates, comparison of quoted prices with prices obtained through market research for the same or similar items, and analysis of data of other than certified cost or pricing data provided by the offeror. Price will not receive an evaluation rating. Paragraph 52.212-1(m) is hereby added: (m) 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 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 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) 52.209-11 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) 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984) The offeror represents that (a) [ ] it has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (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) 252.204-7008 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) 252.225-7042 AUTHORIZATION TO PERFORM (APR 2003) The offeror represents that it has been duly authorized to operate and to do business in the country or countries in which the contract is to be performed. (End of provision) 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: See ADDENDUM TO FAR 52.212-2 (b) Options. 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. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) ADDENDUM TO FAR 52.212-2 Paragraph 52.212-2(a) is hereby replaced with the following: (a) The Government will award a contract resulting from this solicitation to the responsible quoter whose offer conforming to the solicitation will be the best value offered to the Government, price and other factors considered. Prior to being considered for award, a quoter shall fully demonstrate that it possesses the capabilities which the Government has determined essential to the reliable, efficient and timely accomplishment of the required services. Lack of any of these significant capabilities shall be considered sufficient cause for a quote to be determined Red/Unacceptable. The technical quote shall provide sufficient detail for the Government to determine whether the quote satisfactorily meets the minimum requirements of the PWS. Statements that the quoter understands, can or will comply with all specifications, or statements paraphrasing the specifications of parts thereof, or phrases such as "standard procedures will be used" or "well-known techniques will be used," will be considered insufficient. Quoters are cautioned that award may not necessarily be made to the lowest priced quoter. The following evaluation factors/criteria will be used to evaluate quotes: (1) Factor 1: Technical Capability. The purpose of the technical evaluation is to assess whether the quoter will satisfy the Government's minimum requirements of the solicitation. The Government will evaluate technical capability based on the written quotes for Factor 1; and its Subfactors 1A through 1C will be evaluated and result in an overall technical evaluation rating for Factor 1. Along with addressing components of the PWS, the quote shall address each Subfactor listed below separately, and shall provide sufficient narrative and supporting data for each. Subfactor 1A: Technical Capability/Experience. This subfactor will be evaluated to gauge the quoter's understanding/knowledge of and experience with providing training/education, development, and consultation; specifically in the clinical psychology facet of child and adolescent behavior with a focus in school behavioral health (SBH) programs identified in section 5 of the PWS and the response to the requirements of ADDENDUM TO FAR 52.212-1. Subfactor 1B: Key Personnel Qualifications. This subfactor will be evaluated to gauge the quoter's required education, certifications and clinical licenses identified in Section 4 of the PWS and the response to the requirements of ADDENDUM TO FAR 52.212-1. Subfactor 1C: Management Capability and Staffing Plan. This subfactor will be evaluated to gauge the quoter's managerial experience and staffing approach identified as they relate to Section 5 of the PWS and the response to the requirements of ADDENDUM TO FAR 52.212-1. Combined Technical/Risk Rating. The combined technical/risk rating includes consideration of risk in conjunction with the strengths, weaknesses, significant weaknesses, uncertainties, and deficiencies in determining technical ratings. The following technical/risk ratings will be used in evaluating the quoter's technical factors (Factor 1, Factor 2, and Factor 3): Color Rating Adjectival Rating Description Blue Outstanding Quote indicates an exceptional approach and understanding of the requirements and contains multiple strengths, and risk of unsuccessful performance is low. Purple Good Quote indicates a thorough approach and understanding of the requirements and contains at least one strength, and risk of unsuccessful performance is low to moderate. Green Acceptable Quote meets requirements and indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate. Yellow Marginal Quote has not demonstrated an adequate approach and understanding of the requirements, and/or risk of unsuccessful performance is high. Red Unacceptable Quote does not meet requirements of the solicitation, and thus, contains one or more deficiencies, and/or risk of unsuccessful performance is unacceptable. Quote is unawardable. (2) Factor 2: Past and/or Present Performance. Evaluation of past performance will be a two-step process. First, the quoter's past performance will be evaluated to determine how relevant a recent effort accomplished by the quoter is to the effort to be acquired through the source selection. The following definitions will be used to determine relevancy for purposes of this solicitation: DEFINITIONS OF RELEVANCY RATING DESCRIPTION VERY RELEVANT Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires. RELEVANT Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires. SOMEWHAT RELEVANT Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires. NOT RELEVANT Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires. The second step will be to assign a performance confidence assessment based on how well the quoter performed on previous requirements. In the case of a quoter without a record of relevant past performance or for when information on past performance is not available, the quoter's lack of past performance will be evaluated as an unknown confidence (neutral) rating having no favorable or unfavorable impact on the evaluation. The following confidence ratings will be used: PERFORMANCE CONFIDENCE ASSESSMENTS RATING DESCRIPTION SUBSTANTIAL CONFIDENCE Based on the quoter's recent/relevant performance record, the Government has a high expectation that the quoter will successfully perform the required effort. SATISFACTORY CONFIDENCE Based on the quoter's recent/relevant performance record, the Government has a reasonable expectation that the quoter will successfully perform the required effort. LIMITED CONFIDENCE Based on the quoter's recent/relevant performance record, the Government has a low expectation that the quoter will successfully perform the required effort. NO CONFIDENCE Based on the quoter's recent/relevant performance record, the Government has no expectation that the quoter will be able to successfully perform the required effort. UNKNOWN CONFIDENCE (NEUTRAL) No recent/relevant performance record is available or the quoter's performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. (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 their quote. Examples of price breakdown may include direct labor hours and rates, indirect costs, fringe benefits, etc. This factor will be evaluated to determine the extent to which the total evaluated price is fair and reasonable in terms of the Government's requirement. To determine fair and reasonable the Government will compare the prices of all quoters. Price will not receive an evaluation rating. (4) The relative order of importance for the evaluation factors is as follows: Subfactors 1A, 1B, and 1C are equal in importance and when combined make up the total evaluated rating for Factor 1. Factor 1 is more important than Factor 2. Factor 2 is more important than Factor 3. Factors 1 and 2, when combined are significantly more important than Factor 3, Price. To receive consideration for award, a rating of no less than Green/Acceptable must be received for Factor 1 and Subfactors 1A, 1B, and 1C; and a rating of no less than Satisfactory Confidence must be received for Factor 2, Past Performance. In addition, pricing must be considered fair and reasonable. Quoters are reminded that in the case of a quoter without a record of relevant past performance or for when information on past performance is not available, the quoter's lack of past performance will be evaluated as an unknown confidence (neutral) rating having no favorable or unfavorable impact on the evaluation. Paragraph 52.212-2(b) is hereby replaced with the following: (b) Options. 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. Evaluation of options shall not obligate the Government to exercise the option(s). 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 period of performance, 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 Addendum to FAR 52.212-2) CLAUSES INCORPORATED BY FULL TEXT 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017) The Offeror shall complete only paragraph (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. "Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor. "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. "Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances. "Veteran-owned small business concern" means a small business concern-- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small business concern" means a small business concern-- (1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or (2) Whose management and daily business operations are controlled by one or more women. "Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)", means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. 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 electronically on the SAM website. (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 representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___. [Offeror to identify the applicable paragraphs at (c) through (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 offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.] (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern. (2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a women-owned small business concern. Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-- (i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ ___ ] 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. (d) Certifications and representations required to implement provisions of Executive Order 11246-- (1) Previous Contracts and Compliance. The offeror represents that-- (i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and (ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that-- (i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or (ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American 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) of 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 Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American -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 (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-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 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 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 products. Listed End Product Listed Countriesof Origin ___ ___ ___ ___ ___ ___ (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [ ___ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [ ___ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) ( ___ ) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) ( ___ ) Outside the United States. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly-- (1) ( ___ ) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) ( ___ ) Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract 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.] [ N/A ] (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. [ N/A ] (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 maybe 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. By submission of its offer, the offeror represents that-- (i) It is not an inverted domestic corporation; and (ii) It is not a subsidiary of an inverted domestic corporation. (o) 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. 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. (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 section 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 and 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)
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R -- Professional Management and Development Training Services U.S. Army Medical Command, Child and Family Behavioral Health System - Combined Synopsis/Solicitation