item no. supplies/services quantity unit unit ......3/15/24) option 1 - year 10 (3/16/24 - 3/15/25)...

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 57 CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

SOCIAL DYNAMICS LLC 268285

HHSP233201500138I

(A) (B) (C) (D) (E) (F)

Tax ID Number: 11-3711663

DUNS Number: 170770692

Appr. Yr.: 2015 CAN: E8615Q1 Object Class: 25235

FOB: Destination

Period of Performance: 05/18/2015 to 03/15/2020

109 PSC IDIQ TASK ORDER CONTRACTS 500,000,000.00

Obligated Amount: $1,000.00

110 PSC IDIQ TASK ORDER CONTRACTS - Option 1 0.00

Amount: $0.00(Option Line Item)

AUTHORIZED FOR LOCAL REPRODUCTION OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

HHSP233201500138I Program Support Center Task Order Contracts SECTION B - Supplies or Services/Prices B.1. CONSIDERATION AND PAYMENT This is an Indefinite Delivery/Indefinite Quantity contract that will be used to provide commercial or noncommercial services to client agencies of the Program Support Center. Individual task orders may be awarded on a Cost Reimbursement (non-commercial only), Time and Materials, Labor Hours or Firm Fixed Price basis. During the contract period, the Government shall place orders totaling a minimum of $1,000. This reflects the contract minimum for the entire period of performance, including any options. The contract maximum for the entire period of performance, including any options, shall be for the placement of orders totaling a maximum of $500,000,000. The funding for the minimum guarantee is not currently committed and that awards will only be made when and if funding for the minimum guarantee becomes available. The costs/prices will be negotiated on a per task order basis using the rates established in this contract as explained in B.2, B.3 and B.4. The Contractor will be reimbursed in accordance with pricing section of each task order for satisfactory performance of the work.

B.2 TASK ORDER LABOR RATES (Cost Reimbursement) The Contractor shall not exceed the maximum, unloaded hourly direct labor rates for each category listed below.

Unloaded Rates Labor Categories Base Period

- Year 1 (5/18/15 - 3/15/16)

Base Period - Year 2 (3/16/16 - 3/15/17)

Base Period - Year 3 (3/16/17 - 3/15/18)

Base Period - Year 4 (3/16/18 - 3/15/19)

Base Period - Year 5 (3/16/19 - 3/15/20)

Class I - Senior $100.21 $103.22 $106.31 $109.50 $112.79 Class II - Associate $91.11 $93.84 $96.66 $99.56 $102.55 Class III - Intermediate $66.65 $68.65 $70.71 $72.83 $75.01 Class IV - Junior $60.30 $62.11 $63.99 $65.91 $67.89 Class V - Editorial $54.89 $56.54 $58.24 $59.99 $61.79 Class VI - Clerical $44.11 $45.43 $46.79 $48.19 $49.64

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HHSP233201500138I Program Support Center Task Order Contracts

NOTE: In the case the Option is exercised, task orders whose period of performance extends beyond the base contract period of five years and the option period of five years, the Contractor shall use the rates in Option 1 - Year 10 as adjusted by the Employment Cost Index from the Bureau of Labor Statistics. Rates are listed on the right hand side of the page under “Latest Numbers” onhttp://www.bls.gov/ncs/ect/ The rates specified above are ceiling rates for the prime contractor and shall not be exceeded (these ceilings do not apply to subcontractors or consultants). B.2.1 INDIRECT COSTS Pursuant to the General Provisions of this contract, and FAR Clause 52.216-7, Allowable Cost and Payment (JUN 2011), the following provisional rates are established:

The Contractor shall submit an indirect cost rate proposal to their cognizant Federal agency within 90 days of contract award for the review and negotiation of provisional rates. The indirect cost rate proposal shall be submitted to the Contractor's cognizant Federal agency. If HHS is the cognizant Federal agency, the office responsible for the negotiation of indirect cost rates for HHS profit-making contractors is:

Director, Division of Financial Advisory Services, Office of Acquisition Management and Policy, National Institutes of Health, 6100 Building, Room 6B05, 6100 Executive Blvd MSC-7540, Bethesda, MD 20892-7540.

The cognizant Federal office responsible for the negotiation of indirect cost rates for nonprofit organizations where HHS has cognizance is:

Unloaded Rates Labor Categories Option 1 -

Year 6 (3/16/20 - 3/15/21)

Option 1 - Year 7 (3/16/21 - 3/15/22)

Option 1 - Year 8 (3/16/22 - 3/15/23)

Option 1 - Year 9 (3/16/23 - 3/15/24)

Option 1 - Year 10 (3/16/24 - 3/15/25)


Type Provisional Rate

Base Used to Calculate

Fringe 36% Overhead 22% G&A 14%

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Program Support Center (PSC), Division of Cost Allocation (DCA)

The PSC DCA is comprised of four field offices and a DCA Director's office. The contractor's specific DCA location is based on the location of the contractor. For example, if the contractor is located in Maryland, Virginia or DC, the Mid- Atlantic Field Office of the DCA located in Bethesda, Maryland would be the cognizant office. (Refer to the DHHS, PSC FMS website at https://rates/psc.gov, and click on Contact Information and Office Locations, for the specific office location to determine the office responsible for a specific contractor. A DCA point of contact for questions is Brian Caudill and he can be reached on 301-492-4857. The Contractor shall submit its final indirect cost rate proposal to its cognizant Federal agency within 180 days of the completion of each Contractor fiscal year for the review and negotiation of final indirect cost rates. A proposal shall be submitted for each year the contractor has Government contracts. In the event the rates determined by the cognizant negotiated indirect cost official on the basis of actual allowable costs are less than the provisional and ceiling rates agreed to herein, then the lower rates as established by such cognizant official shall apply. Notwithstanding the foregoing, the Contractor shall, in the case of an adjustment of the provisional rates, comply with the requirements of FAR 52.232-20 - Limitation of Cost. B.2.2 Fee The Contractor shall not exceed the following ceiling rates for Cost Reimbursement Task Orders types:

Fixed Fee Ceiling for Prime Contractor (%) 2.5

Fixed Fee Ceiling applied by Prime Contractor on Subcontracts (%) 2.5 While ceiling rates are established, a fixed fee will be negotiated at the task order level. B.3 TASK ORDER LABOR RATES (T&M, Labor Hour) The Contractor shall not exceed the maximum, fully loaded hourly rates for each category listed below.

Fully Loaded Rates Labor Categories Base Period

- Year 1 (5/18/15 - 3/15/16)

Base Period - Year 2 (3/16/16 - 3/15/17)

Base Period - Year 3 (3/16/17 - 3/15/18)

Base Period - Year 4 (3/16/18 - 3/15/19)

Base Period - Year 5 (3/16/19 - 3/15/20)


5


NOTE: In the case the Option is exercised, task orders whose period of performance extends beyond the base contract period of five years and the option period of five years, the Contractor shall use the rates in Option 1 Year 10 as adjusted by the Employment Cost Index from the Bureau of Labor Statistics. Rates are listed on the right hand side of the page under “Latest Numbers” on http://www.bls.gov/ncs/ect The rates specified above are ceiling rates for the prime contractor and shall not be exceeded (these ceilings do not apply to subcontractors or consultants)

B.4 TASK ORDER LABOR RATES (FFP)

Firm Fixed Price orders shall comply the direct labor ceiling labor rates in Section B.2.

Fully Loaded Rates Labor Categories Option 1 -

Year 6 (3/16/20 - 3/15/21)

Option 1 - Year 7 (3/16/21 - 3/15/22)

Option 1 - Year 8 (3/16/22 - 3/15/23)

Option 1 - Year 9 (3/16/23 - 3/15/24)

Option 1 - Year 10 (3/16/24 - 3/15/25)


6

http://www.bls.gov/ncs/ect

HHSP233201500138I Program Support Center Task Order Contracts SECTION C - DESCRIPTIONS/SPECIFICATIONS/WORK STATEMENT PROJECT TITLE: “PROGRAM SUPPORT CENTER ID/IQ TASK ORDER CONTRACTS” C.1 PURPOSE OF THE CONTRACT This is an Indefinite Delivery/Indefinite Quantity contract which sets forth the conditions and clauses under which future acquisitions between the parties shall be governed. This contract will be used as a means of providing service to the customers, (i.e. client agencies) of the PSC in an effort to help them achieve their individual agency missions in a timely manner.

C.2 BACKGROUND The Program Support Center (PSC), a fee-for-service Government agency, is currently working to expand the services available to the Department and other agencies through the use of Indefinite-Delivery, Indefinite-Quantity (IDIQ) Contracts. The PSC intends, through this procurement, to increase the number of Contractors and resources available to provide required services, and to enhance our ability to produce quick-turnaround and “real time” information.

C.3 STATEMENT OF WORK The Contractor shall furnish all of the necessary personnel, materials, services, and facilities incident to the performance of the work as stated in each individual task order that may be issued under this contract. See Section H.1 for task order procedures.

C.4 SERVICES TO BE PROVIDED The services contemplated under this contract include policy assessments/analysis, program assessments, evaluation design studies and data collection, performance measurements, technical assistance/expertise, data analysis and auxiliary/support services which may be necessary to complete a particular project. An individual task order may require services in only one of these activities or a combination of the activities.

a. Policy Assessments/Analysis

These studies require analyses of major policy issues receiving active consideration by key Government officials. The policy-oriented information produced by these assessments contributes directly to internal debate on budgetary, legislative and program modification decisions, provides background analysis and support for major administration initiatives and, occasionally, produces the information base for Congressionally-mandated reports.

Policy assessments are focused somewhat broadly and prospectively on emerging issues and changing policy directions. Because timeliness of information is critical to policy assessments, these studies typically require rapid review, abstraction and analysis of current information and existing data bases. The major policy issue may be divided into sets of study questions to be analyzed in a focused and limited fashion throughout subsequent tasks. Analyses may often be iterative, as less fruitful study areas and data sources are eliminated from subsequent analysis. Analysis of policy issues can require

7


the maintenance and further development of policy oriented models that are used in estimating the costs and impacts of policy changes. Systematic and in-depth literature reviews may be required. This work may involve quick turn-around, fact-finding or information gathering and analysis. Discussions with subject matter experts, either in on-on-one settings or as part of a technical expert panel might also be required. Typical products may include issue and discussion papers, papers summarizing the state of knowledge or describing the current practice on particular topics; reports summarizing relevant findings and information and identifying current knowledge gaps; and formal briefings for high level policy officials.

Identification of problems in and improvement of policy analysis may also be required. This may include researching and piloting new methods of performing policy analyses to improve their timeliness, reliability, and policy relevance; developing new methods of data collection such as electronic and web-based approaches; supporting work with various agencies to coordinate policy planning; and improving the quality and utility of policy analysis.

b. Program Assessments

These studies focus more narrowly on current programs in an effort to understand outcomes, define issues, or highlight problems and areas for improvement. These studies may be distinctly more management and impact/outcome oriented. The intended uses of program assessments are similar to policy assessments and may include budgetary and legislative decisions as well as program modification or redesign. Program assessments may identify ”best practices” in program sites, produce information on program efficiency or impacts/outcomes, and recommend options for program change or subsequent evaluation. Program assessments may involve analysis of existing data or new data collection. Depending on the extent of data collection, it may require OMB clearance. Undertaking a program assessment may include various activities and methods of data collection. For example, telephone contacts may be used to collect information from project sites or from individuals knowledgeable about the program. Similarly, site visits may be used to obtain information on program performance, to corroborate or correct information from other sources and to determine the feasibility of proposed measures and comparisons. Other potential data collection methods may include web-based surveys or review of program documents.

c. Evaluation Design Efforts, Evaluations, and Data Collection

These studies include efforts develop evaluation designs, as well as undertake actual evaluations. Evaluation design studies involve proposing technical designs (measurements and comparisons) to be used in evaluating a program, and providing recommendations about how best to study a program or intervention. . This information is used by program managers and policymakers to select a design for full-scale evaluation if further program performance information is needed.

Evaluation studies may require that Contractors identify and apply the appropriate evaluation methodologies and research designs needed to test a particular program or answer a specific research question. These studies may occur at the local, regional and

8


national levels. As part of these studies, Contractors may need to construct and field test/validate a survey instrument, compile written survey protocols, train interviewers as necessary, prepare OMB clearance packages for submittal, perform extensive survey-related tasks and perform the appropriate survey follow up, analyze data and develop a final report of results and recommendations. Additionally, these studies may require the ability to access databases from appropriate sources, construct databases, and consult with experts as required. Contractors may also need to gather qualitative data through such activities as focus groups, facilitated sessions, and use of virtual techniques for data gathering and collaboration.

These studies may also include identifying problems in and improving the quality of evaluations and evaluation systems. Activities may include researching and piloting new methods of collecting data to improve timeliness, reliability, and policy relevance; developing new methods of data collecting such as electronic methods of transmission; working with other organizations to coordinate data collections; and improving the quality and utility of program data collections. Minor Information Technology requirements may be called for under this task such as encoding a survey into electronic format for use of laptop computers by survey personnel in conducting the survey.

d. Performance Measurement

The Government Performance and Results Act (GPRA) stipulates that all Federal agencies implement a performance measurement system that will track agency and program performance over time, using quantifiable indicators. Services to be provided may include reviewing, revising and, in some instances, helping to draft the performance plans for agency programs and linking these performance plans to the agency’s strategic plan. Services may also include redesigning and improving the quality of the performance measurement process, performance data, and the system and method by which data are collected. Activities may include the collection and analysis of program performance data; field observation reports; advice concerning improvement of agency performance measurement systems and dissemination of these methods to other government agencies and interested organizations.

e. Technical Assistance/Expertise –

Technical assistance may be provided in many different forms depending on the particular requirements of a given program office, including the development of written materials, training, convening of stakeholders for the purpose of sharing information, and other mechanisms. Generally, the Contractor shall provide or maintain a network of professional consultants and/or identify appropriately qualified experts to provide services on a relatively rapid basis in various program areas as specified by each individual task order. Services may include technical assistance to grantees and/or program sites in the areas of organization, administration, services provision, and research; and, demonstration and evaluation activities. Grantees are a wide range of public and private organizations at the State and local level. Depending on the program and the requirement, services will vary from technical assistance to State agencies on service delivery systems to technical assistance to small, local non-profit organizations that provide direct services to clients. Government agencies or entities may require technical expertise in the areas of planning

9


activities, evaluations, speeches, reports and policy papers, etc. Individual task orders may require one or a combination of both types of assistance.

Specifically, technical assistance to grantees and/or program sites may include, but is not limited to, the following: 1. Assessing and assisting in program areas; 2. Designing and implementing a data collection system; 3. Designing and implementing a program evaluation; 4. Developing or improving internal management systems; 5. Developing, installing or improving financial systems and basic accounting

methods and financial records; 6. Interpreting audit reports, correcting deficiencies and complying with appropriate

program regulations; and, 7. Installing or improving project specific quality assurance systems.

f. Data Analysis

The Contractor shall be able to complete both simple and complex analyses of federally supplied and public access data. Use of STAT, Statistical Package for the Social Sciences (SPSS), Statistical Analysis System (SAS) and other analytic tools may be required. Tasks will vary from the straightforward to complex statistical analyses, such as those involving the estimation of multivariate models. Typically these tasks will involve short deadlines. Analyses may include cross-tabulations, calculations, or reliability and validity, sample selection, power analyses, trends, projections, estimates, calculations of sample sizes, and the preparation of narrative materials, graphs, charts, overheads and PowerPoint demonstrations suitable for clearance and distribution. For some projects, such as those using models, knowledge of C++ or other high level programming languages may be required. In addition, knowledge of software programs such as ActivePerl, GZIP, PHP, MySQL may be required.

g. Auxiliary/Support Services

The following services may be required in support of the above mentioned activities but not as independent task orders. 1. Translation and Interpretation. Services may be required for the translation of written

documents and verbal communications to and from various languages. This may also include adaptation for the disabled such as Teletype (TTY), sign language, etc. The Contractor shall assist Government staff, as necessary, by providing, installing and printing specialized fonts or templates necessary for various languages.

2. Website Support Work. Services may include both design and maintenance of

Government web sites. The Contractor shall manipulate and convert documents provided from various sources and in various formats. Services must comply with the Department and Government standards (i.e. 508 Compliance) and server compatibility, which may involve liaison work with the Government’s technical representatives. Website support services may also include technical assistance for existing web sites previously designed and produced by the Government agency.

3. Production and Distribution of Publications. Services may include design, layout,

word processing, copy-editing and photocopying of reports, materials, brochures, or

10


other printed or electronic materials. Graphic services, including those of graphic artists, may also be required for the preparation of graphs based on the analysis of technical data and in the preparation of flyers, posters, pamphlets, covers, logos, and promotional materials. All services shall comply with agency and Departmental standards and requirements, which may involve liaison work with agency representatives, writers, graphic designers, and the Government Printing Office (GPO). GPO requirements may also necessitate the Contractor working with the agency for printing, duplication and/or publication of materials through GPO.

C.5 LABOR CLASS DEFINITIONS Substituting education for experience and vice versa may be considered at the task order level at the discretion of the task order contracting officer. Class I: Senior management personnel, normally holding an advanced degree, with a minimum of ten (10) years experience in conducting policy/program research, data analysis, evaluation studies and/or providing technical assistance to clients of which at least five (5) years experience has been in a senior management position or the administration of Policy Assessments/Analysis; Program Assessments; Evaluation Design Studies And Data Collection; Performance Measurements; Technical Assistance/Expertise; Data Analysis; Auxiliary/Support Services as appropriate; corporate level management experience that reflects an ability to command organizational resources and direct staff within the broader organization. Class II: Associate management or technical personnel, normally holding an advanced degree, with a minimum of five years experience in conducting Policy Assessments/Analysis; Program Assessments; Evaluation Design Studies And Data Collection; Performance Measurements; Technical Assistance/Expertise; Data Analysis; Auxiliary/Support Services, as appropriate. Class III: Intermediate technical personnel, normally holding a BS or BA degree and at least three years experience in technical activities related to Policy Assessments/Analysis; Program Assessments; Evaluation Design Studies And Data Collection; Performance Measurements; Technical Assistance/Expertise; Data Analysis; Auxiliary/Support Services, as appropriate. The individual is capable of carrying out independent assignments with minimum supervision or acting as leader of small projects. Includes specialists in computer programming, survey design, etc. Class IV: Junior analysts, normally holding a BS or BA degree, with three years or less experience in technical areas. Includes research assistants and junior personnel who regularly assist analysts and specialists on routine technical work, such as data collection. Class V: Other technical staff such as editors, etc.

Class VI: Clerical/Administrative C.6 GOVERNMENT FURNISHED PROPERTY The Contractor shall provide all equipment necessary for performance of this contract. The Government may provide Government property to the Contractor for use in the performance of task orders on a case by case basis. The property shall be used and maintained by the Contractor in accordance with the HHS Contractors' Guide for Control of Government Property. The Contractor shall be responsible and

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HHSP233201500138I Program Support Center Task Order Contracts accountable for all government property; either furnished or acquired, and also is required to keep the Government's official records of Government property in their possession and control. C.7 PERFORMANCE STANDARDS Performance standards for task orders issued under this contract will be contained in the individual task orders.

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HHSP233201500138I Program Support Center Task Order Contracts SECTION D - Packaging and Marking D.1. MARKING

Marking for task orders issued under this contract will be contained in the individual task orders.

13

HHSP233201500138I Program Support Center Task Order Contracts SECTION E - Inspection and Acceptance E.1. INSPECTION AND ACCEPTANCE

The individual Task Order COR, as a duly authorized representative of the Contracting Officer, shall assume the responsibilities for monitoring the contractor’s performance, evaluating the quality of services provided by the contractor, and performing final inspection and acceptance of all deliverables. E.2 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 address:

http://www.arnet.gov/far/ FAR

CLAUSE NO.

TITLE AND DATE FIXED PRICE

SERVICE

COST REIMBURSEMENT

SERVICE

TIME AND MATERIAL/

LABOR HOUR SERVICE

COMMERCIAL ORDERS

52.212-4 Contract Terms and Conditions -- Commercial Items (Sep 2013)

X

Alt I (Aug 2012) X X 52.246-4 Inspection of Services – Fixed

Price (Aug 1996) X

52.246-5 Inspection of Services - Cost Reimbursement (April 1984)

X

52.246-6 Inspection – Time-and-Materials and Labor hour (May 2001)

X

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http://www.arnet.gov/far/

HHSP233201500138I Program Support Center Task Order Contracts SECTION F - Deliveries or Performance F.1 PERIOD OF PERFORMANCE Performance of this contract shall be for a base period of five years and an option period of five additional years, unless the period of performance is extended by modification to the contract.

F.2 PLACE OF PERFORMANCE

The place of performance of most orders will take place at the Contractor’s facility or within the Washington, D.C. metro area unless specified otherwise. Specific locations will be stated in the task orders.

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HHSP233201500138I Program Support Center Task Order Contracts SECTION G - Contract Administration Data G.1 INVOICE SUBMISSION - NONCOMMERCIAL The Contractor shall submit invoices once per month. A complete invoice with all required back-up documentation shall be sent electronically, via email, to:

1. Contract Specialist via DAM mailbox: [email protected].* 2. Contracting Officer’s Representative (COR): TBD at TO award 3. Financial Management Service (FMS): [email protected].*

* No other non-invoice related documents (i.e. deliverables, reports, balance statements) shall be sent to the DAM and FMS mailboxes. Invoices Only.

The subject line of your email invoice submission shall contain the contract number, contract line item number, the order number, if applicable, and the number of invoices. The Contractor shall send one email per contract per month. The email may have multiple invoices for the contract. Invoices must be in the following formats: PDF, TIFF, or Word. No Excel formats will be accepted. The electronic file cannot contain multiple invoices; example, 10 invoices requires 10 separate files (PDF or TIFF or Word). Invoices shall be submitted in accordance with the contract terms, i.e. payment schedule, progress payments, partial payments, deliverables, etc. All calls concerning contract payment shall be directed to the COR.

In accordance with FAR 52.232-25 Prompt Payment, a proper invoice must include the following items:

(i) Name and address of the contractor. (ii) Invoice date and invoice number. (Contractors should date invoices as close as possible to the date of mailing or transmission.) (iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number). (iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed. (v) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading. (vi) Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment). (vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice. (viii) Taxpayer Identification Number (TIN) and Dun & Bradstreet Number (DUNS). The contractor must include its TIN and DUNS on the invoice. (ix) Electronic funds transfer (EFT) banking information. (A) The contractor must include EFT banking information on the invoice only if required by agency procedures. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the contractor must have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds

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mailto:[email protected]

https://www.acquisition.gov/far/current/html/52_232.html%23wp1153462


Transfer Information with Offer), contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (x) Any other information or documentation required by the contract (e.g., evidence of shipment).

In accordance with OMB Memorandum, M-11-32, Agencies shall make payments to small businesses as soon as practicable, with the goal of making payments within 15 days of receipt of a proper invoice. If a small business contractor is not paid within this (15 day) accelerated period, the contractor will not be given a late-payment interest penalty. Interest penalties, as prescribed by the Prompt Payment Act, remain unchanged by means of this memorandum. All small businesses shall label all invoices as “Small Business.” Additionally, in accordance with OMB Memorandum, M-12-16, all prime contractors are encouraged to disburse funds received from the Federal Government to their small business subcontractors in a prompt manner. To assist prime contractors in expediting contractor payments to small business subcontractors, Agencies shall, to the full extent permitted by law, temporarily establish an earlier, accelerated date for making agency payments to all prime contractors. Consistent with OMB Memorandum M-11-32 above, Agencies shall have a goal of paying all prime contractors within 15 days of receiving proper documentation. In an effort to support small business growth, drive economic activity and job creation, the Contractor is encouraged to accelerate payments to their small business subcontractors. In accordance with the requirements of the Debt Collection Improvement Act of 1996, all payments under this order will be made by electronic funds transfer (EFT). The Contractor shall provide financial institution information to the Finance Office designated above in accordance with FAR 52.232-33 Payment by Electronic Funds Transfer – System for Award Management. G.2 INVOICE SUBMISSION - COMMERCIAL The Contractor shall submit invoices once per month. A complete invoice with all required back-up documentation shall be sent electronically, via email, to: 1. Contract Specialist via DAM mailbox: [email protected]* 2. Contracting Officer's Representative (COR): TBD at TO award 3. Financial Management Service (FMS): [email protected]* * No other non-invoice related documents (i.e. deliverables, reports, balance statements) shall be sent to the DAM and FMS mailboxes. Invoices Only. The subject line of your email invoice submission shall contain the contract number, contract line item number, the order number, if applicable, and the number of invoices. The Contractor shall send one email per contract per month. The email may have multiple invoices for the contract. Invoices must be in the following formats: PDF, TIFF, or Word. No Excel formats will be accepted. The electronic file cannot contain multiple invoices; example, 10 invoices requires 10 separate files (PDF or TIFF or Word). Invoices shall be submitted in accordance with the contract terms, i.e. payment schedule, progress payments, partial payments, deliverables, etc.

17





HHSP233201500138I Program Support Center Task Order Contracts All calls concerning contract payment shall be directed to the COR. In accordance with FAR 52.212-4, Contract Terms and Conditions-Commercial Items, a proper invoice must include the following items: FAR 52.212-4(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include:

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer, System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer, Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315. Additionally, the FMS requires the contractor to include its Dun & Bradstreet Number (DUNS) on each invoice.

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HHSP233201500138I Program Support Center Task Order Contracts In accordance with OMB Memorandum, M-11-32, Agencies shall make payments to small businesses as soon as practicable, with the goal of making payments within 15 days of receipt of a proper invoice. If a small business contractor is not paid within this (15 day) accelerated period, the contractor will not be given a late-payment interest penalty. Interest penalties, as prescribed by the Prompt Payment Act, remain unchanged by means of this memorandum. All small businesses shall label all invoices as "Small Business." Additionally, in accordance with OMB Memorandum, M-12-16, all prime contractors are encouraged to disburse funds received from the Federal Government to their small business subcontractors in a prompt manner. To assist prime contractors in expediting contractor payments to small business subcontractors, Agencies shall, to the full extent permitted by law, temporarily establish an earlier, accelerated date for making agency payments to all prime contractors. Consistent with OMB Memorandum M-11-32 above, Agencies shall have a goal of paying all prime contractors within 15 days of receiving proper documentation. In an effort to support small business growth, drive economic activity and job creation, the Contractor is encouraged to accelerate payments to their small business subcontractors. In accordance with the requirements of the Debt Collection Improvement Act of 1996, all payments under this order will be made by electronic funds transfer (EFT). The Contractor shall provide financial institution information to the Finance Office designated above in accordance with FAR 52.232-33 Payment by Electronic Funds Transfer - System for Award Management. G.3 CONTRACT ADMINISTRATION - COST REIMBURSEMENT G.3.1 MINIMUM COST INFORMATION FOR COST REIMBURSEMENT CONTRACTS The Contractor's monthly billings must be submitted in a format showing expenditures for that month, as well as contract cumulative amounts. 1. Direct Labor - include all persons, listing the person's name, title, number of hours worked, hourly rate, the total cost per person and a total amount for this category; 2. Fringe Costs - show rate, base and total amount; 3. Overhead or Indirect Costs - show rate, base and total amount; 4. Consultants (if applicable) - include the name, number of days or hours worked, daily or hourly rate, and a total amount per consultant; 5. Travel - include for each airplane or train trip taken the name of the traveler, date of travel, destination, the transportation costs including ground transportation shown separately and the per diem costs. Other travel costs shall also be listed; 6. Data Processing - include all non-labor costs, i.e., computer time; 7. Other Direct Costs - include a listing of all other direct charges to the contract, i.e., office supplies, telephone, duplication, postage; 8. G & A - show rate, base and total; and 9. Fee - show rate, base and total. The Contractor shall also submit supporting documentation (receipts/invoices) to substantiate costs incurred.

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HHSP233201500138I Program Support Center Task Order Contracts G.3.2 TRAVEL AND OTHER COSTS The Contractor shall be reimbursed for all domestic travel as described below, incurred directly and specifically in the performance of this contract, claimed by the Contractor, accepted by the Contracting Officer and not exceeding:

a) Cost of air travel by most direct route. “Air coach” or “Air tourist” accommodations on

prop or jet aircraft constitutes the normal class of air travel which shall be utilized. First-class accommodations may be used if (1) less than first-class is not available

providing reservation was requested within 24 hours after the traveler had knowledge of the trip; (2) less than first-class requires circuitous routing; (3) less than first-class requires travel to begin or end at unreasonable hours (i.e., if scheduled flight time is before 8:00 a.m. and schedule arrival is after 9:00 p.m.); (4) less than first-class would result in additional direct costs which would offset the transportation savings; or (5) less than first-class will not make connections with other flights or means of transportation for continuation of the journey.

b) Cost of rail travel by most direct route, first-class with lower berth or nearest equivalent. c) Travel by motor vehicle including rented automobile shall be reimbursed on a reasonable

actual expense basis, or at the Contractor’s option, on a mileage basis at the current rate shown in the GSA Federal Travel Regulation, plus any toll or ferry charges.

d) Reasonable subsistence not in excess of actual itemized expenses not to exceed the

ceiling in the Federal Travel Regulations in effect at the time of incurred cost. G.3.3 PROVISIONS APPLICABLE TO DIRECT COSTS Notwithstanding Clause 52.216-7 "Allowable Cost and Payment" and Clause 52.244-2 "Subcontracts", of the Federal Acquisition Regulation, unless otherwise expressly provided elsewhere in the contract or in any modification thereto, the cost of the following items or activities shall be unallowable as direct costs: 1. Acquisition by purchase or lease, of any interest in real property. 2. Special rearrangement or alteration of facilities; 3. Purchase or lease or rental of any item of general purpose; office furniture or office equipment (including data tapes); 4. Travel to foreign countries; and 5. Food and beverage costs unless part of per diem expenses paid in accordance with the Federal Travel Regulations. Any equipment having a unit acquisition cost in excess of $1,000.00, of which the Contractor wishes to be reimbursed as a direct item of cost, shall not be acquired by the Contractor without the specific advance written approval of the Contracting Officer.

G.4 CONTRACT ADMINISTRATION – TIME & MATERIAL, LABOR HOUR G.4.1 TRAVEL AND OTHER COSTS

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HHSP233201500138I Program Support Center Task Order Contracts The Contractor shall be reimbursed for all domestic travel as described below, incurred directly and specifically in the performance of this contract, claimed by the Contractor, accepted by the Contracting Officer and not exceeding:

a) Cost of air travel by most direct route. “Air coach” or “Air tourist” accommodations on

prop or jet aircraft constitutes the normal class of air travel which shall be utilized. First-class accommodations may be used if (1) less than first-class is not available

providing reservation was requested within 24 hours after the traveler had knowledge of the trip; (2) less than first-class requires circuitous routing; (3) less than first-class requires travel to begin or end at unreasonable hours (i.e., if scheduled flight time is before 8:00 a.m. and schedule arrival is after 9:00 p.m.); (4) less than first-class would result in additional direct costs which would offset the transportation savings; or (5) less than first-class will not make connections with other flights or means of transportation for continuation of the journey.

b) Cost of rail travel by most direct route, first-class with lower berth or nearest equivalent. c) Travel by motor vehicle including rented automobile shall be reimbursed on a reasonable

actual expense basis, or at the Contractor’s option, on a mileage basis at the current rate shown in the GSA Federal Travel Regulation, plus any toll or ferry charges.

d) Reasonable subsistence not in excess of actual itemized expenses not to exceed the

ceiling in the Federal Travel Regulations in effect at the time of incurred cost. G.4.2 PROVISIONS APPLICABLE TO DIRECT COSTS Notwithstanding Clause 52.216-7 "Allowable Cost and Payment" and Clause 52.244-2 "Subcontracts", of the Federal Acquisition Regulation, unless otherwise expressly provided elsewhere in the contract or in any modification thereto, the cost of the following items or activities shall be unallowable as direct costs: 1. Acquisition by purchase or lease, of any interest in real property. 2. Special rearrangement or alteration of facilities; 3. Purchase or lease or rental of any item of general purpose; office furniture or office equipment (including data tapes); 4. Travel to foreign countries; and 5. Food and beverage costs unless part of per diem expenses paid in accordance with the Federal Travel Regulations. Any equipment having a unit acquisition cost in excess of $1,000.00, of which the Contractor wishes to be reimbursed as a direct item of cost, shall not be acquired by the Contractor without the specific advance written approval of the Contracting Officer.

G.5 AUTHORITIES OF GOVERNMENT PERSONNEL Notwithstanding the Contractor's responsibility for total management during the performance of this contract, the administration of this IDIQ will require maximum coordination between the Government and the Contractor. The following individuals will be the Government's points of contact during the performance of this IDIQ:

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HHSP233201500138I Program Support Center Task Order Contracts G.5.1 Contracting Officer The Contracting Officer for this IDIQ, also referred to as “IDIQ CO” is Rosanna Browning. All communications pertaining to contractual and/or administrative matters under the IDIQ shall be addressed to Rosanna Browning, 12501 Ardennes Avenue; Suite 400, Rockville, MD 20852; [email protected] 301-443-6931. G.5.2 IDIQ CORs’ Authority (a) Performance of work under this contract must be subject to the technical direction of the Contracting Officer’s Representative identified above, or a representative designated in writing. The term “technical direction” includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily. (b) Technical direction must be within the scope of the specification(s)/work statement. The Contracting Officer’s Representative does not have authority to issue technical direction that: (1) Constitutes a change of assignment or additional work outside the specification(s)/statement of work; (2) Constitutes a change as defined in the clause entitled “Changes”; (3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance; (4) Changes any of the terms, conditions, or specification(s)/work statement of the contract; (5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or (6) Directs, supervises or otherwise controls the actions of the contractor's employees. (c) Technical direction may be oral or in writing. The Contracting Officer’s Representative shall confirm oral direction in writing within five work days, with a copy to the Contracting Officer. (d) The contractor shall proceed promptly with performance resulting from the technical direction issued by the Contracting Officer’s Representative. If, in the opinion of the contractor, any direction of the Contracting Officer’s Representative, or his/her designee, falls within the limitations in (b), above, the contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day. (e) Failure of the contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled “Disputes.”

G.6 CONTRACTOR PERFORMANCE ASSESSMENT REPORT During the life of this IDIQ contract and all task order contracts, Contractor performance will be evaluated on an interim and final basis pursuant to FAR Subpart 42.15. The Contractor Performance Assessment Reporting System (CPARS) will be utilized for these reviews. Information on CPARS can be located at http://www.cpars.gov.

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http://www.cpars.gov/

HHSP233201500138I Program Support Center Task Order Contracts SECTION H - Special Contract Requirements H.1 TASK ORDER PROCEDURES a. The Contractor will be provided with a Statement of Work, Schedule of Deliverables and other

additional instructions as needed for each individual task order to be issued under this contract. These documents, collectively referred to as a Request for Task Order Proposal (RFTOP), will be issued by email and will specify whether the TO is commercial or noncommercial.

b. Orders requiring special conditions such as 508 Compliance, HSPD-12, Human Subjects, Small

Business Set-aside clauses, 352.201-70 Paperwork Reduction Act, Privacy Act, or Conference clauses will be considered at the task order level when the requirement is defined

c. The RFTOP package will include special instructions that are particular to the requirement and

information concerning the basis for award. The basis for award of any task order will be determined by the specific programmatic needs of the requesting agency but will be in accordance with FAR Part 16.505(b).

d. Provisions specific to the work to be performed under an order will be included in the RFTOPs

per applicable regulations and policies. e. Offerors will be able to propose their own labor categories at the task order level and map them to

the rates proposed in Section B. f. RFTOP evaluation and award will be conducted in accordance with the requirements of FAR

16.5. For individual RFTOPs, the Government reserves the right to request proposal revisions that seek additional price discounts, provide revisions to the technical proposal, or clarify aspects of the proposal. In the event proposal revisions are requested, the Government will not necessarily be seeking revisions from all respondents. The Government will not be conducting "discussions" as defined in FAR Part 15.

Note: It is DHHS policy that Contractors are responsible for providing all equipment and facilities necessary for performance of contracts. No equipment shall be purchased under this contract unless prior written authorization has been obtained from the individual Task Order Contracting Officer. H.2 TASK ORDER INFORMATION a. Each task order will contain the following minimum information:

(1) Date of award; (2) Contract number and task order number; (3) Total dollar amount of the task order; (4) Statement of Work, Schedule of Deliverables and any special instructions; (5) Period of performance; (6) The name and address of the Task Order COR.

b. The Contractor shall submit separate invoices for each task order.

H.3 EXTENSIONS AFTER AWARD It is the intent of the Government that all task orders be completed within the time frame specified in each order. Any request for an extension beyond the initial period of performance specified in the task order

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HHSP233201500138I Program Support Center Task Order Contracts will be granted on a case by case basis. It is not to be assumed that all requests for extension will be granted. H.4 PERFORMANCE CRITERIA AND QUALITY ASSURANCE SURVEILLANCE PLANS Some task orders issued under this contract may be issued as performance based service task orders. Individual task orders will contain performance criteria tailored to the individual requirement. H.5 POST AWARD ORGANIZATIONAL CONFLICT OF INTEREST a. General: The Contractor shall have programs in place to identify, report, and mitigate actual and potential conflicts of interest for itself, its employees, subcontractors and consultants. The existence of such programs and the disclosure of known actual or potential conflicts are material performance requirements of this contract. b. Disclosure: The Contractor shall report all actual and potential conflicts of interest pertaining to this contract to the Contracting Officer, including those that would be caused by a contemplated modification to this contact or another contract. Such reports shall be in writing (including by email). Upon request, the Contractor shall respond to a Contracting Officer’s request for an OCI mitigation plan. c. Resolution: In the event the Contracting Officer determines that a conflict of interest exists, based on disclosure from the Contractor or from other sources, the Contracting Officer shall take action which may include, but is not limited to, requesting a mitigation plan from the Contractor, terminating part or all of the contract, modifying the contract or obtaining a waiver in accordance with applicable law, including FAR 9.503 as applicable.

H.6 PRINTING AND DUPLICATING/COPYING The terms “printing” and “duplicating/copying” are defined in the Government Printing and Binding Regulations of the Joint Committee on Printing, CFR Title 44. The regulations can be access at http://www.gpo.gov/pdfs/customers/sfas/jcpregs.pdf. Printing: No printing by the Contractor or any subcontractor is authorized under this contract. All printing required hereunder must be performed by the Government Printing Office, in accordance with CFR Title 44; Public Law 102-392, as amended by H.R. 4454; and The Legislative Branch Appropriations Act 2995. The Contractor shall complete Form HHS 26 and submit it along with all camera-ready copies to the Contracting Officer’s Representative (COR). Duplicating/Copying: If necessary for performance of the contract, the Contractor may duplicate or copy less than 5,000 production units of only one page, or less than 25,000 production units in aggregate of multiple pages for the use of a department or agency. A production unit is defined as one sheet, size 8.5 x 11 inches, one side only, and one color. The pages may not exceed a maximum image size of 10-3/4 by 14-1/4 inches. This page limit is per requirement and not per contract. All printing, as well as duplicating/copying in excess of the stated limits, shall be obtained by the COR through the Publishing Services, Program Support Center. The cost of any unauthorized printing or duplicating /copying under this contract will be considered an unallowable cost for which the Contractor will not be reimbursed.

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http://www.gpo.gov/pdfs/customers/sfas/jcpregs.pdf

HHSP233201500138I Program Support Center Task Order Contracts SECTION I - Contract Clauses I.1 IDIQ Clauses I.1.1 52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the effective date of contract award through the expiration date of the contract.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract.

In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government

deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

I.1.2 52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of $500,000,000.00; (2) Any order for a combination of items in excess of $500,000,000.00; or (3) A series of orders from the same ordering office within five (5) days that together

call for quantities exceeding the limitation in subparagraph (1) or (2) above. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection

52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order

exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five (5) days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

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HHSP233201500138I Program Support Center Task Order Contracts I.1.3 52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective

for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance

with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum”. The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum”.

(c) Except for any limitations on quantities in the Order Limitations clause or in the

Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within

that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after sixty (60) months from the expiration date of the contract.

I.1.4 52.219-13 Notice of Set-Aside of Orders (Nov 2011) The Contracting Officer will give notice of the order or orders, if any, to be set aside for small business concerns identified in 19.000(a)(3) and the applicable small business program. This notice, and its restrictions, will apply only to the specific orders that have been set aside for any of the small business concerns identified in 19.000(a)(3).

(End of clause)

I.1.5 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 prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed ten (10) years.

(End of Clause)

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HHSP233201500138I Program Support Center Task Order Contracts I.2 Firm Fixed Price, Cost-Reimbursement, Time &Material /Labor Hour Clauses I.2.1 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage Fringe Benefits

01014 Accounting Clerk IV GS-5 $16.33 $5.36 01315 Secretary V GS-8 $22.40 $7.36 01420 Survey Worker (Interviewer) GS-5 $16.33 $5.36 01613 Word Processor III GS-5 $16.33 $5.36 03074 Computer Programmer IV GS-11 $29.93 $9.83 03103 Computer Systems Analyst III GS-12 $35.88 $11.79 29240 Mathematical Technician GS-7 $20.22 $6.64 29480 Technical Writer GS-11 $29.93 $9.83

(End of Clause)

I.3 Commercial Clauses I.3.1 52.212-4 Contract Terms and Conditions -- Commercial Items (Dec 2014) (Fixed Price)

((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 reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable 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.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31

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HHSP233201500138I Program Support Center Task Order Contracts U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71,Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include --

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

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(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

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(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for

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payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

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HHSP233201500138I Program Support Center Task Order Contracts (l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

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(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the SAM database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

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(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

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https://www.acquisition.gov/


(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

I.3.2 For T&M/LH Commercial Orders 52.212-4 Contract Terms and Conditions -- Commercial Items (Dec 2014) Alternate I (May 2014) When a time-and-materials or labor-hour contract is contemplated, substitute the following paragraphs (a), (e), (i), (l), and (m) for those in the basic clause. (a) Inspection/Acceptance.

(1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work. (2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties. (3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier. (4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the “hourly rate” for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the “hourly rate” attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of labor rate attributable to profit.]

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(5) (i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may—

(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or (B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to--

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor’s managerial personnel; or (ii) The conduct of one or more of the Contractor’s employees selected or retained by the Contractor after any of the Contractor’s managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract. (8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract. (9) Unless otherwise specified in the contract, the Contractor’s obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

(e) Definitions. (1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. As used in this clause—

(i) Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service. (ii) Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are—

(A) Performed by the contractor; (B) Performed by the subcontractors; or (C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

(iii) Materials means— (A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;

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(B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract; (C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.); (D) The following subcontracts for services which are specifically excluded from the hourly rate: [Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.]; and (E) Indirect costs specifically provided for in this clause.

(iv) Subcontract means any contract, as defined in FAR Subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(i) Payments. (1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer:

(i) Hourly rate. (A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis. (B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer. (C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative. (D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract. (E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis.

(1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be negotiated. (2) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract.

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(3) If the Schedule provided rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer.

(ii) Materials. (A) If the Contractor furnishes materials that meet the definition of a commercial item at FAR 2.101, the price to be paid for such materials shall not exceed the Contractor’s established catalog or market price, adjusted to reflect the--

(1) Quantities being acquired; and (2) Any modifications necessary because of contract requirements.

(B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor—

(1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or (2) Makes these payments within 30 days of the submission of the Contractor’s payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice.

(C) To the extent able, the Contractor shall— (1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and (2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that are identifiable to the contract.

(D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed.

(1) Other direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause: [Insert each element of other direct costs (e.g., travel, computer usage charges, etc. Insert “None” if no reimbursement for other direct costs will be provided. If this is an indefinite delivery contract, the Contracting Officer may insert “Each order must list separately the elements of other direct charge(s) for that order or, if no reimbursement for other direct costs will be provided, insert ‘None’.”] (2) Indirect Costs (Material handling, Subcontract Administration, etc.). The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price: [Insert a fixed amount for the indirect costs and payment schedule. Insert “$0” if no fixed price reimbursement for indirect costs will be provided. (If this is an indefinite delivery contract, the Contracting Officer may insert “Each order must list separately the fixed amount for the indirect costs and payment schedule or, if no reimbursement for indirect costs, insert ‘None’.”]

(2) Total cost. It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule and the Contractor agrees to use its best efforts to perform the work specified in the Schedule and all

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obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation. If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the then stated ceiling price, the Contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performance of this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the then revised estimate of the total amount of effort to be required under the contract. (3) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price. (4) Access to records. At any time before final payment under this contract, the Contracting Officer (or authorized representative) will have access to the following (access shall be limited to the listing below unless otherwise agreed to by the Contractor and the Contracting Officer):

(i) Records that verify that the employees whose time has been included in any invoice met the qualifications for the labor categories specified in the contract. (ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in the schedule), when timecards are required as substantiation for payment—

(A) The original timecards (paper-based or electronic); (B) The Contractor’s timekeeping procedures; (C) Contractor records that show the distribution of labor between jobs or contracts; and (D) Employees whose time has been included in any invoice for the purpose of verifying that these employees have worked the hours shown on the invoices.

(iii) For material and subcontract costs that are reimbursed on the basis of actual cost—

(A) Any invoices or subcontract agreements substantiating material costs; and (B) Any documents supporting payment of those invoices.

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(5) Overpayments/Underpayments. Each payment previously made shall be subject to reduction to the extent of amounts, on preceding invoices, that are found by the Contracting Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. The Contractor shall promptly pay any such reduction within 30 days unless the parties agree otherwise. The Government within 30 days will pay any such increases, unless the parties agree otherwise. The Contractor’s payment will be made by check. If the Contractor becomes aware of a duplicate invoice payment or that the Government has otherwise overpaid on an invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected contract line item or subline item, if applicable; and (D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury, as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, and then at the rate applicable for each six month period as established by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final Decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt in a timely manner; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR 32.60702).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

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(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (viii) Upon receipt and approval of the invoice designated by the Contractor as the “completion invoice” and supporting documentation, and upon compliance by the Contractor with all terms of this contract, any outstanding balances will be paid within 30 days unless the parties agree otherwise. The completion invoice, and supporting documentation, shall be submitted by the Contractor as promptly as practicable following completion of the work under this contract, but in no event later than 1 year (or such longer period as the Contracting Officer may approve in writing) from the date of completion.

(7) Release of claims. The Contractor, and each assignee under an assignment entered into under this contract and in effect at the time of final payment under this contract, shall execute and deliver, at the time of and as a condition precedent to final payment under this contract, a release discharging the Government, its officers, agents, and employees of and from all liabilities, obligations, and claims arising out of or under this contract, subject only to the following exceptions.

(i) Specified claims in stated amounts, or in estimated amounts if the amounts are not susceptible to exact statement by the Contractor. (ii) Claims, together with reasonable incidental expenses, based upon the liabilities of the Contractor to third parties arising out of performing this contract, that are not known to the Contractor on the date of the execution of the release, and of which the Contractor gives notice in writing to the Contracting Officer not more than 6 years after the date of the release or the date of any notice to the Contractor that the Government is prepared to make final payment, whichever is earlier. (iii) Claims for reimbursement of costs (other than expenses of the Contractor by reason of its indemnification of the Government against patent liability), including reasonable incidental expenses, incurred by the Contractor under the terms of this contract relating to patents.

(8) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C 3903) and prompt payment regulations at 5 CFR part 1315. (9) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (10) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned,

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payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid an amount for direct labor hours (as defined in the Schedule of the contract) determined by multiplying the number of direct labor hours expended before the effective date of termination by the hourly rate(s) in the contract, less any hourly rate payments already made to the Contractor plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system that have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon written request, with adequate assurances of future performance. Subject to the terms of this contract, the Contractor shall be paid an amount computed under paragraph (i) Payments of this clause, but the “hourly rate” for labor hours expended in furnishing work not delivered to or accepted by the Government shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified in paragraph (a)(4) of this clause, the portion of the “hourly rate” attributable to profit shall be 10 percent. In the event of termination for cause, the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. I.3.3 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Mar 2015) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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.] _X_ (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).

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_X_(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). _X_(4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). _X_(8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note). _X_(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). ___ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). ___ (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. _X_(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2011) (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 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. _X_(16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). _X_ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637 (d)(4)). ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9. ___ (iv) Alternate III (Oct 2014) 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 (Nov 2011) (15 U.S.C. 637(a)(14)).

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_X_(20) 52.219-16, Liquidated Damages—Subcontracting 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). _X_(22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). ___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). ___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). _X_(25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). ___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). _X (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X_(28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X_(29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). _X_(30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). _X_(31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212). _X_(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _X_(33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627). _X_(34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ___ (35) (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.) ___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Jun 2014) of 52.223-13. ___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-14. _X_(38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-16. _X_(40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). ___ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

44


___ (42) (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. ___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_(44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). ___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). _X_(50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (54) (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.] _X_ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.). _X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). _X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67). ___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

45


___ (5) 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). ___ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). ___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). ___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). ___ (10) 52.222-55, Minimum Wages Under Executive Order 13658 Dec 2014)(Executive Order 13658).

(d) Comptroller General Examination of Record The Contractor shall comply 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 (Apr 2010) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

46


(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). (vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212). (viii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (ix) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (x) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627). (xi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) (xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67) (xiii) 52.222-54, Employment Eligibility Verification (Aug 2013). (xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xvi) 52.247-64, Preference for Privately-Owned U.S. 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. (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(Executive Order 13658).

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause) I.3.4 COMMERCIAL 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 address:

www.arnet.gov/far/

47



FAR CLAUSE NO.


SERVICE

TIME AND MATERIAL/

LABOR HOUR SERVICE

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Apr 2014)

X X

52.204-4 Printed or Copied Double-Sided on Recycled Paper (May 2011)

X X

52.204-13 System for Award Management Maintenance (July 2013)

X X

I.4 CLAUSES INCOROPORATED BY REFERENCE I.4.1 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 address:

www.arnet.gov/far/

FAR CLAUSE

NO.


SERVICE

COST REIMBURSEMENT

SERVICE

TIME AND MATERIAL/

LABOR HOUR

SERVICE

IDIQ CONTRACT

52.202-1 Definitions (Nov 2013) X X X X 52.203-3 Gratuities (April 1984) X X X X 52.203-5 Covenant Against Contingent Fees

(April 1984) X X X X

52.203-6 Restrictions on Subcontractor Sales to the Government (Sept 2006)

X X X

52.203-7 Anti-Kickback Procedures (May 2014)

X X X X

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 2014)

X X X X

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014)

X X X X

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010)

X X X X

52.203-13 Contractor Code of Business Ethics and Conduct (April 2010)

X X

52.203-14 Display of Hotline Poster(s) (Dec 2007)

X

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees

X X X X

48


HHSP233201500138I Program Support Center Task Order Contracts FAR

CLAUSE NO.


SERVICE

COST REIMBURSEMENT

SERVICE

TIME AND MATERIAL/

LABOR HOUR

SERVICE

IDIQ CONTRACT

of Whistleblower Rights (Apr 2014)

52.204-2 Security Requirements (August 1996)

X

52.204-4 Printed or Copied Double-Sided on Recycled Paper (May 2011)

X X X X

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Sept 2013)

X X

52.204-13 System for Award Management Maintenance (July 2013)

X X X X

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013)

X X X X

52.215-8 Order of Precedence – Uniform Contract Format (Oct 1997)

X X X X

52.215-15 Pension Adjustments and Asset Reversions (Oct 2010)

X X X X

52.215-17 Waiver of Facilities Capital Cost of Money (Oct 1997)

X X X X

52.215-19 Notification of Ownership Changes (Oct 1997)

X X X X

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014)

X X X X

52.219-8 Utilization of Small Business Concerns (Oct 2014)

X X X X

52.219-9 Small Business Subcontracting Plan. (Oct 2014) Alternate II (Oct 2001)

X X X X

52.219-13 Notice of Set-Aside of Orders X 52.219-16 Liquidated Damages –

Subcontracting Plan (Jan 1999)

X X X X

52.219-28 Post-Award Small Business Program Rerepresentation (July 2013)

X

52.222-3 Convict Labor (June 2003) X X X X 52.222-21 Prohibition of Segregated Facilities

(Feb 1999) X X X X

52.222-26 Equal Opportunity (Mar 2007) X X X X 52.222-35 Equal Opportunity Veterans (Jul

2014) X X X X

52.222-36 Affirmative Action for Workers with Disabilities (Jul 2014)

X X X X

52.222-37 Employment Reports on Special Disabled Veterans (Jul 2014)

X X X X

52.222-40 Notification of Employee Rights X X X X

49


CLAUSE NO.


SERVICE

COST REIMBURSEMENT

SERVICE

TIME AND MATERIAL/

LABOR HOUR

SERVICE

IDIQ CONTRACT

Under the National Labor Relations Act (Dec 2010)

52.222-41 Service Contract Labor Standards (May 2014)

X X X

52.222-49 Service Contract Labor Standards – Place of Performance Unknown (May 2014)

X X X

52.222-50 Combating Trafficking in Persons (Mar 2015)

X X X X

52.222-54 Employment Eligibility Verification (Aug 2013)

X X X X

52.223-6 Drug-Free Workplace (May 2001) X X X X 52.223-17 Affirmative Procurement of EPA-

Designated Items in Service and Construction Contracts (May 2008)

X X X X

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011)

X X X X

52.225-13 Restrictions on Certain Foreign Purchases (June 2008)

X X X X

52.227-1 Authorization and Consent (Dec 2007)

X X

52.227-14 Rights in Data – General (May 2014)

X X X X

52.230-2 Cost Accounting Standards (May 2014)

X X X X

52.230-3 Disclosure and Consistency of Cost Accounting Practices (May 2014)

X X X X

52.230-6 Administration of Cost Accounting Standards (June 2010)

X X X X

52.232-17 Interest (May 2014) X X X X 52.232-23 Assignment of Claims (Jul 2014) X X X X 52.232-25 Prompt Payment (July 2013) X X X X 52.232-33 Payment by Electronic Funds

Transfer – System for Award Management (July 2013)

X X X X

52.232-39 Unenforceability of Unauthorized Obligations (June 2013)

X X X X

52.233-1 Disputes (May 2014) X X X X 52.233-3 Protest after Award. (Aug 1996) X X X Alternate I (June 1985) X 52.233-4 Applicable Law for Breach of

Contract Claim (Oct 2004) X

52.242-13 Bankruptcy (July 1995) X X X X 52.244-5 Competition in Subcontracting

(Dec 1996) X X

50


CLAUSE NO.


SERVICE

COST REIMBURSEMENT

SERVICE

TIME AND MATERIAL/

LABOR HOUR

SERVICE

IDIQ CONTRACT

52.244-6 Subcontracts for Commercial Items (Mar 2015)

X X X X

52.245-1 Government Property (April 2012) X 52.246-25 Limitation of Liability – Services

(Feb 1997) X X X X

52.253-1 Computer Generated Forms (Jan 1991)

X X X X

I.4.2 TASK ORDER CLAUSES

The following clauses may be used on a task order by task order basis and are not a complete list.

FAR CLAUSE NO.

TITLE AND DATE FIXED PRICE SERVICE

COST REIMBURSEMENT

SERVICE

TIME AND MATERIAL/ LABOR

HOUR SERVICE

52.203-2 Certificate of Independent Price Determination (April 1985)

X

52.210-1 Market Research (April 2011) X X X 52.215-2 Audit and Records – Negotiation

(Oct 2010) X X

Alt II (April 1998) X 52.215-10 Price Reduction for Defective Cost

or Pricing Data (Aug 2011) X X X

52.215-12 Subcontractor Cost or Pricing Data (Oct 2010)

X X X

52.215-11 Price Reduction for Defective Certified Cost or Pricing Data—Modifications (Aug 2011)

X X X

52.215-13 Subcontractor Cost or Pricing Data –Modifications (Oct 2010)

X X X

52.215-23 Limitation on Pass-Through Charges (OCT 2009)

X

52.216-7 Allowable Cost and Payment (June 2013)

X X

52.216-8 Fixed Fee (June 2011) X 52.219-14 Limitation on Subcontracting (Nov

2011) X X X

52.222-2 Payment for Overtime Premiums (July 1990) *$0.00

X

52.222-43 Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (May 2014)

X X

52.222-44 Fair Labor Standards Act and Service Contract Act—Price Adjustment (May 2014)

X X

52.224-1 Privacy Act Notification (April X X X

51


FAR CLAUSE NO.

TITLE AND DATE FIXED PRICE SERVICE

COST REIMBURSEMENT

SERVICE

TIME AND MATERIAL/ LABOR

HOUR SERVICE

1984) 52.224-2 Privacy Act (April 1984) X X X 52.227-17 Rights in Data – Special Works

(Dec 2007) X X X

52.232-1 Payments (April 1984) X 52.232-7 Payments under Time-and-

Materials and Labor-Hour Contracts (Aug 2012)

X

52.232-8 Discounts for Prompt Payment (Feb 2002)

X

52.232-20 Limitation of Cost (April 1984) X 52.242-1 Notice of Intent to Disallow Costs

(April 1984) X

52.242-3 Penalties for Unallowable Costs (May 2014)

X X

52.242-4 Certification of Final Indirect Costs (Jan 1997)

X

52.243-1 Changes – Fixed Price (Aug 1987) – Alternate I (April 1984)

X

52.243-2 Changes – Cost-Reimbursement (Aug 1987) – Alternate I (April 1984)

X

52.243-3 Changes – Time-and-Materials or Labor-Hours (Sept 2000)

X

52.244-2 Subcontracts (Oct 2010) X X Alt I (June 2007) X 52.249-2 Termination (Fixed-Price)(April

2012) X

52.249-6 Termination (Cost-Reimbursement)(May 2004)

X

52.249-6 Termination (Cost-Reimbursement)(May 2004) Alt IV

X

52.249-8 Default (Fixed-Price Supply and Service (April 1984)

X

52.249-14 Excusable Delays (April 1984) X X

I.4.3 SET-ASIDE CLAUSES

The following clause section includes clauses that may be included in a task order set aside in accordance with 52.219-13. For set-aside orders, the appropriate FAR clause as listed below applies at the task order level.

FAR CLAUSE NO.

TITLE AND DATE

52.219-3 Notice of Total HUBZone Set-Aside or Sole Source Award (Nov 2011) 52.219-6 Notice of Total Small Business Set-Aside (Nov 2011)

52

HHSP233201500138I Program Support Center Task Order Contracts FAR CLAUSE

NO. TITLE AND DATE

52.219-7 Notice of Partial Small Business Set-Aside (June 2003) 52.219-14 Limitation on Subcontracting (Nov 2011) 52.219-27 Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) 52.219-29 Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business

Concerns (Jul 2013) 52.219-30 Notice of Set-Aside for Women-Owned Small Business Concerns Eligible Under

the Women-Owned Small Business Program (Jul 2013) I.5 HEALTH AND HUMAN SERVICES ACQUISITION REGULATIONS (HHSAR) I.5.1 For Firm Fixed Price, Cost Reimbursement, Time & Material, and Labor Hour

Orders 352.203-70 Anti-lobbying (March 2012) Pursuant to the current HHS annual appropriations act, Public Law 112-76, except for normal and recognized executive-legislative relationships, the Contractor shall not use any HHS contract funds for: (a) Publicity or propaganda purposes; (b) The preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television or video presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body, except in presentation to the Congress or any State or local legislature itself; or designed to support of defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any State or local government, except in presentation to the executive branch of any State or local government itself; or (c) Payment of salary or expenses of the Contractor, or any agent acting for the Contractor, related to any activity designed to influence the enactment of legislation, appropriations regulation, administrative action, or Executive order proposed or pending before the Congress or any State government, State legislature or local legislature or legislative body, other than for normal and recognized executive-legislative relationships or participation by an agency or officer of a State, local or tribal government is policymaking and administrative processes within the executive branch of that government. The prohibitions in subsections (a), (b), and (c) above shall include any activity to advocate or promote any proposed, pending, or future Federal, State or local tax increase, or any proposed, pending, or future requirement for, or restriction on, any legal consumer product, including its sale or marketing, including, but not limited to, the advocacy or promotion of gun control.

(End of clause)

352.237-73 Non-Discrimination in Service Delivery (Mar 2012) It is the policy of the Department of Health and Human Services that no person otherwise eligible will be excluded from participation in, denied the benefits of, or subjected to discrimination in the administration of HHS programs and services based on non-merit factors such as race, color, national origin, religion, sex, gender identify, sexual orientation, or disability (physical or mental). By acceptance of this contract, the contractor agrees to comply with this policy in supporting the program and in performing the services called for under this contract. The contractor shall include this clause in all sub-contracts awarded under this contract for supporting or performing the specified program and services. Accordingly, the contractor

53

HHSP233201500138I Program Support Center Task Order Contracts shall ensure that each of its employees, and any sub-contractor staff, is made aware of, understands, and complies with this policy.

(End of clause) I.5.2 For Cost Reimbursement, Time & Material, and Labor Hour Orders 352.231-70 Salary Rate Limitation (August 2012) (a) Pursuant to the current and applicable prior HHS appropriations acts, the Contractor shall not use contract funds to pay the direct salary of an individual at a rate in excess of the Federal Executive Schedule Level in effect on the date the funding was obligated (the effective date of the contract action). Funding obligated on or after December 23, 2011 cannot be used to pay the direct salary of an individual at a rate in excess of Federal Executive Schedule Level II. (b) For purposes of the salary rate limitation, the terms "direct salary",'' salary", and "institutional base salary'', have the same meaning and are collectively referred to as "direct salary'', in this clause. An individual's direct salary is the annual compensation that the Contractor pays for an individual's direct effort (costs) under the contract. Direct salary excludes any income that an individual may be permitted to earn outside of duties to the Contractor. Direct salary also excludes fringe benefits, overhead, and general and administrative expenses (also referred to as indirect costs or facilities and administrative [F&A] costs). Note: The salary rate limitation does not restrict the salary that an organization may pay an individual working under an HHS contract or order; it merely limits the portion of that salary that may be paid with contract funds. (c) The salary rate limitation also applies to individuals under subcontracts. If this is a multiple-year contract or order, it may be subject to unilateral modification by the Contracting Officer to ensure that an individual is not paid at a rate that exceeds the salary rate limitation provision established in the HHS appropriations act in effect when the expense is incurred regardless of the rate initially used to establish contract or order funding. (d) See the salaries and wages pay tables on the U.S. Office of Personnel Management Web site for Federal Executive Schedule salary levels that apply to the current and prior periods.

(End of clause) I.5.3 HHSAR CLAUSES INCORPORATED BY REFERENCE

FAR CLAUSE NO.


SERVICE

COST REIMBURSEMENT

SERVICE

TIME AND MATERIAL/

LABOR HOUR SERVICE

COMMERCIAL ORDERS

IDIQ CONTRACT

352.201-70 Paperwork Reduction Act (Jan 2006)

X X X X

352.202-1 Definitions (Jan 2006) X X X X X 352.216-70 Additional Cost Principles

(Jan 2006) X

352.222-70 Contractor cooperation in equal employment opportunity investigations (Jan 2010)

X X X X X

54


FAR CLAUSE NO.


SERVICE

COST REIMBURSEMENT

SERVICE

TIME AND MATERIAL/

LABOR HOUR SERVICE

COMMERCIAL ORDERS

IDIQ CONTRACT

352.224-70 Privacy Act (Jan 2006) X X X X 352.227-70 Publications and Publicity

(Jan 2006) X X X X

352.228-7 Insurance – Liability to Third Persons (Dec 1991)

X

352.231-71 Pricing of Adjustments (Jan 2001)

X

352.233-71 Litigation and Claims (Jan 2006)

X X

352.239-70 Standard for Security Configurations (Jan 2010)

X X X X

352.239-72 Security requirements for Federal information technology resources (Jan 2010)

X X X X

352.242-70 Key Personnel (Jan 2006) X X X X 352.242-71 Tobacco Free Facilities

(Jan 2006) X X X X

352.242-73 Withholding of Contract Payments (Jan 2006)

X X

352.242-74 Final Decisions on Audit Findings (April 1984)

X

352.249-14 Excusable delays (Jan 2006)

X X

352.270-1 Accessibility of Meetings, Conferences, and Seminars to Persons with Disabilities (Jan 2001)

X X X X

55

HHSP233201500138I Program Support Center Task Order Contracts SECTION J - List of Documents, Exhibits and Other Attachments

J.1 Wage Determination J.2 OIG Hotline Poster

56

Attachment J.1

Wage Determination

>

WD 05-2103 (Rev.-15) was first posted on www.wdol.gov on 12/30/2014************************************************************************************REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATIONBy direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210|||| Wage Determination No.: 2005-2103

Diane C. Koplewski Division of | Revision No.: 15Director Wage Determinations| Date Of Revision: 12/22/2014_______________________________________|____________________________________________Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10for 2015 that applies to all contracts subject to the Service Contract Act forwhich the solicitation is issued on or after January 1, 2015. If this contractis covered by the EO, the contractor must pay all workers in anyclassification listed on this wage determination at least $10.10 (or theapplicable wage rate listed on this wage determination, if it is higher) forall hours spent performing on the contract. The EO minimum wage rate will beadjusted annually. Additional information on contractor requirements andworker protections under the EO is available at www.dol.gov/whd/govcontracts.____________________________________________________________________________________States: District of Columbia, Maryland, Virginia

Area: District of Columbia StatewideMaryland Counties of Calvert, Charles, Frederick, Montgomery, PrinceGeorge's, St Mary'sVirginia Counties of Alexandria, Arlington, Fairfax, Falls Church, Fauquier,King George, Loudoun, Prince William, Stafford____________________________________________________________________________________

**Fringe Benefits Required Follow the Occupational Listing**OCCUPATION CODE - TITLE FOOTNOTE RATE01000 - Administrative Support And Clerical Occupations01011 - Accounting Clerk I 15.0801012 - Accounting Clerk II 16.9201013 - Accounting Clerk III 22.3001020 - Administrative Assistant 31.4101040 - Court Reporter 21.8401051 - Data Entry Operator I 14.3801052 - Data Entry Operator II 15.6901060 - Dispatcher, Motor Vehicle 17.8701070 - Document Preparation Clerk 14.2101090 - Duplicating Machine Operator 14.2101111 - General Clerk I 14.8801112 - General Clerk II 16.2401113 - General Clerk III 18.7401120 - Housing Referral Assistant 25.2901141 - Messenger Courier 13.6201191 - Order Clerk I 15.1201192 - Order Clerk II 16.5001261 - Personnel Assistant (Employment) I 18.1501262 - Personnel Assistant (Employment) II 20.3201263 - Personnel Assistant (Employment) III 22.6501270 - Production Control Clerk 22.0301280 - Receptionist 14.4301290 - Rental Clerk 16.5501300 - Scheduler, Maintenance 18.0701311 - Secretary I 18.07

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01312 - Secretary II 20.1801313 - Secretary III 25.2901320 - Service Order Dispatcher 16.9801410 - Supply Technician 28.5501420 - Survey Worker 20.0301531 - Travel Clerk I 13.2901532 - Travel Clerk II 14.3601533 - Travel Clerk III 15.4901611 - Word Processor I 15.6301612 - Word Processor II 17.6701613 - Word Processor III 19.95

05000 - Automotive Service Occupations05005 - Automobile Body Repairer, Fiberglass 25.2605010 - Automotive Electrician 23.5105040 - Automotive Glass Installer 22.1505070 - Automotive Worker 22.1505110 - Mobile Equipment Servicer 19.0405130 - Motor Equipment Metal Mechanic 24.7805160 - Motor Equipment Metal Worker 22.1505190 - Motor Vehicle Mechanic 24.7805220 - Motor Vehicle Mechanic Helper 18.4905250 - Motor Vehicle Upholstery Worker 21.6305280 - Motor Vehicle Wrecker 22.1505310 - Painter, Automotive 23.5105340 - Radiator Repair Specialist 22.1505370 - Tire Repairer 14.4405400 - Transmission Repair Specialist 24.78

07000 - Food Preparation And Service Occupations07010 - Baker 13.8507041 - Cook I 12.5507042 - Cook II 14.6007070 - Dishwasher 10.1107130 - Food Service Worker 10.6607210 - Meat Cutter 18.0807260 - Waiter/Waitress 9.70

09000 - Furniture Maintenance And Repair Occupations09010 - Electrostatic Spray Painter 19.8609040 - Furniture Handler 14.0609080 - Furniture Refinisher 20.2309090 - Furniture Refinisher Helper 15.5209110 - Furniture Repairer, Minor 17.9409130 - Upholsterer 19.86

11000 - General Services And Support Occupations11030 - Cleaner, Vehicles 10.5411060 - Elevator Operator 10.5411090 - Gardener 17.5211122 - Housekeeping Aide 11.8311150 - Janitor 11.8311210 - Laborer, Grounds Maintenance 13.0711240 - Maid or Houseman 11.2611260 - Pruner 11.5811270 - Tractor Operator 16.0411330 - Trail Maintenance Worker 13.0711360 - Window Cleaner 12.85

12000 - Health Occupations12010 - Ambulance Driver 20.4112011 - Breath Alcohol Technician 20.2712012 - Certified Occupational Therapist Assistant 23.1112015 - Certified Physical Therapist Assistant 21.4312020 - Dental Assistant 17.1812025 - Dental Hygienist 44.7512030 - EKG Technician 27.67

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12035 - Electroneurodiagnostic Technologist 27.6712040 - Emergency Medical Technician 20.4112071 - Licensed Practical Nurse I 19.0712072 - Licensed Practical Nurse II 21.3512073 - Licensed Practical Nurse III 24.1312100 - Medical Assistant 15.0112130 - Medical Laboratory Technician 18.0412160 - Medical Record Clerk 17.4212190 - Medical Record Technician 19.5012195 - Medical Transcriptionist 18.7712210 - Nuclear Medicine Technologist 37.6012221 - Nursing Assistant I 10.8012222 - Nursing Assistant II 12.1412223 - Nursing Assistant III 13.9812224 - Nursing Assistant IV 15.6912235 - Optical Dispenser 20.1712236 - Optical Technician 15.8012250 - Pharmacy Technician 18.1212280 - Phlebotomist 15.6912305 - Radiologic Technologist 31.1112311 - Registered Nurse I 27.6412312 - Registered Nurse II 33.4412313 - Registered Nurse II, Specialist 33.4412314 - Registered Nurse III 40.1312315 - Registered Nurse III, Anesthetist 40.1312316 - Registered Nurse IV 48.1012317 - Scheduler (Drug and Alcohol Testing) 21.73

13000 - Information And Arts Occupations13011 - Exhibits Specialist I 19.8613012 - Exhibits Specialist II 24.6113013 - Exhibits Specialist III 30.0913041 - Illustrator I 20.4813042 - Illustrator II 25.3813043 - Illustrator III 31.0313047 - Librarian 33.8813050 - Library Aide/Clerk 14.2113054 - Library Information Technology Systems 30.60Administrator13058 - Library Technician 19.8913061 - Media Specialist I 18.7313062 - Media Specialist II 20.9513063 - Media Specialist III 23.3613071 - Photographer I 16.6513072 - Photographer II 18.9013073 - Photographer III 23.6713074 - Photographer IV 28.6513075 - Photographer V 33.7613110 - Video Teleconference Technician 20.39

14000 - Information Technology Occupations14041 - Computer Operator I 18.9214042 - Computer Operator II 21.1814043 - Computer Operator III 23.6014044 - Computer Operator IV 26.2214045 - Computer Operator V 29.0514071 - Computer Programmer I (see 1) 26.3614072 - Computer Programmer II (see 1)14073 - Computer Programmer III (see 1)14074 - Computer Programmer IV (see 1)14101 - Computer Systems Analyst I (see 1)14102 - Computer Systems Analyst II (see 1)14103 - Computer Systems Analyst III (see 1)14150 - Peripheral Equipment Operator 18.92

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14160 - Personal Computer Support Technician 26.2215000 - Instructional Occupations15010 - Aircrew Training Devices Instructor (Non-Rated) 36.4715020 - Aircrew Training Devices Instructor (Rated) 44.0615030 - Air Crew Training Devices Instructor (Pilot) 52.8115050 - Computer Based Training Specialist / Instructor 36.4715060 - Educational Technologist 35.3115070 - Flight Instructor (Pilot) 52.8115080 - Graphic Artist 26.8015090 - Technical Instructor 25.0815095 - Technical Instructor/Course Developer 30.6715110 - Test Proctor 20.2015120 - Tutor 20.20

16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations16010 - Assembler 9.8816030 - Counter Attendant 9.8816040 - Dry Cleaner 12.9416070 - Finisher, Flatwork, Machine 9.8816090 - Presser, Hand 9.8816110 - Presser, Machine, Drycleaning 9.8816130 - Presser, Machine, Shirts 9.8816160 - Presser, Machine, Wearing Apparel, Laundry 9.8816190 - Sewing Machine Operator 13.7816220 - Tailor 14.6616250 - Washer, Machine 10.88

19000 - Machine Tool Operation And Repair Occupations19010 - Machine-Tool Operator (Tool Room) 21.1419040 - Tool And Die Maker 23.38

21000 - Materials Handling And Packing Occupations21020 - Forklift Operator 18.0221030 - Material Coordinator 22.0321040 - Material Expediter 22.0321050 - Material Handling Laborer 13.8321071 - Order Filler 15.0921080 - Production Line Worker (Food Processing) 18.0221110 - Shipping Packer 15.0921130 - Shipping/Receiving Clerk 15.0921140 - Store Worker I 11.7221150 - Stock Clerk 16.8621210 - Tools And Parts Attendant 18.0221410 - Warehouse Specialist 18.02

23000 - Mechanics And Maintenance And Repair Occupations23010 - Aerospace Structural Welder 27.2123021 - Aircraft Mechanic I 25.8323022 - Aircraft Mechanic II 27.2123023 - Aircraft Mechanic III 28.5323040 - Aircraft Mechanic Helper 17.5423050 - Aircraft, Painter 24.7323060 - Aircraft Servicer 19.7623080 - Aircraft Worker 21.0123110 - Appliance Mechanic 21.7523120 - Bicycle Repairer 14.4323125 - Cable Splicer 26.0223130 - Carpenter, Maintenance 21.4023140 - Carpet Layer 20.4923160 - Electrician, Maintenance 27.9823181 - Electronics Technician Maintenance I 24.9423182 - Electronics Technician Maintenance II 26.4723183 - Electronics Technician Maintenance III 27.8923260 - Fabric Worker 19.1323290 - Fire Alarm System Mechanic 22.9123310 - Fire Extinguisher Repairer 17.62

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23311 - Fuel Distribution System Mechanic 22.8123312 - Fuel Distribution System Operator 19.3823370 - General Maintenance Worker 21.4323380 - Ground Support Equipment Mechanic 25.8323381 - Ground Support Equipment Servicer 19.7623382 - Ground Support Equipment Worker 21.0123391 - Gunsmith I 17.6223392 - Gunsmith II 20.4923393 - Gunsmith III 22.9123410 - Heating, Ventilation And Air-Conditioning 23.89Mechanic23411 - Heating, Ventilation And Air Contditioning 25.17Mechanic (Research Facility)23430 - Heavy Equipment Mechanic 22.9123440 - Heavy Equipment Operator 22.9123460 - Instrument Mechanic 22.5923465 - Laboratory/Shelter Mechanic 21.7523470 - Laborer 14.9823510 - Locksmith 21.9023530 - Machinery Maintenance Mechanic 23.1223550 - Machinist, Maintenance 22.9123580 - Maintenance Trades Helper 18.2723591 - Metrology Technician I 22.5923592 - Metrology Technician II 23.8023593 - Metrology Technician III 24.9623640 - Millwright 28.1923710 - Office Appliance Repairer 22.9623760 - Painter, Maintenance 21.7523790 - Pipefitter, Maintenance 24.6323810 - Plumber, Maintenance 22.2923820 - Pneudraulic Systems Mechanic 22.9123850 - Rigger 22.9123870 - Scale Mechanic 20.4923890 - Sheet-Metal Worker, Maintenance 22.9123910 - Small Engine Mechanic 20.4923931 - Telecommunications Mechanic I 29.9523932 - Telecommunications Mechanic II 31.5523950 - Telephone Lineman 27.4123960 - Welder, Combination, Maintenance 22.9123965 - Well Driller 22.9123970 - Woodcraft Worker 22.9123980 - Woodworker 17.62

24000 - Personal Needs Occupations24570 - Child Care Attendant 12.7924580 - Child Care Center Clerk 17.7724610 - Chore Aide 10.5724620 - Family Readiness And Support Services 16.90Coordinator24630 - Homemaker 18.43

25000 - Plant And System Operations Occupations25010 - Boiler Tender 27.3025040 - Sewage Plant Operator 20.8425070 - Stationary Engineer 27.3025190 - Ventilation Equipment Tender 19.4925210 - Water Treatment Plant Operator 20.84

27000 - Protective Service Occupations27004 - Alarm Monitor 20.5727007 - Baggage Inspector 12.7127008 - Corrections Officer 22.8027010 - Court Security Officer 24.7227030 - Detection Dog Handler 20.5727040 - Detention Officer 22.80

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27070 - Firefighter 24.6327101 - Guard I 12.7127102 - Guard II 20.5727131 - Police Officer I 26.5227132 - Police Officer II 29.67

28000 - Recreation Occupations28041 - Carnival Equipment Operator 13.5928042 - Carnival Equipment Repairer 14.6328043 - Carnival Equpment Worker 9.2428210 - Gate Attendant/Gate Tender 13.0128310 - Lifeguard 11.5928350 - Park Attendant (Aide) 14.5628510 - Recreation Aide/Health Facility Attendant 10.6228515 - Recreation Specialist 18.0428630 - Sports Official 11.5928690 - Swimming Pool Operator 18.21

29000 - Stevedoring/Longshoremen Occupational Services29010 - Blocker And Bracer 23.1329020 - Hatch Tender 23.1329030 - Line Handler 23.1329041 - Stevedore I 21.3129042 - Stevedore II 24.24

30000 - Technical Occupations30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 39.9230011 - Air Traffic Control Specialist, Station (HFO) (see 2) 26.8430012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 29.5630021 - Archeological Technician I 20.1930022 - Archeological Technician II 22.6030023 - Archeological Technician III 27.9830030 - Cartographic Technician 27.9830040 - Civil Engineering Technician 26.4130061 - Drafter/CAD Operator I 20.1930062 - Drafter/CAD Operator II 22.6030063 - Drafter/CAD Operator III 25.1930064 - Drafter/CAD Operator IV 31.0030081 - Engineering Technician I 22.9230082 - Engineering Technician II 25.7230083 - Engineering Technician III 28.7930084 - Engineering Technician IV 35.6430085 - Engineering Technician V 43.6130086 - Engineering Technician VI 52.7630090 - Environmental Technician 27.4130210 - Laboratory Technician 23.3830240 - Mathematical Technician 28.9430361 - Paralegal/Legal Assistant I 21.3630362 - Paralegal/Legal Assistant II 26.4730363 - Paralegal/Legal Assistant III 32.3630364 - Paralegal/Legal Assistant IV 39.1630390 - Photo-Optics Technician 27.9830461 - Technical Writer I 21.9330462 - Technical Writer II 26.8430463 - Technical Writer III 32.4730491 - Unexploded Ordnance (UXO) Technician I 24.7430492 - Unexploded Ordnance (UXO) Technician II 29.9330493 - Unexploded Ordnance (UXO) Technician III 35.8830494 - Unexploded (UXO) Safety Escort 24.7430495 - Unexploded (UXO) Sweep Personnel 24.7430620 - Weather Observer, Combined Upper Air Or (see 2) 25.19Surface Programs30621 - Weather Observer, Senior (see 2) 27.98

31000 - Transportation/Mobile Equipment Operation Occupations31020 - Bus Aide 14.32

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31030 - Bus Driver 20.8531043 - Driver Courier 13.9831260 - Parking and Lot Attendant 10.0731290 - Shuttle Bus Driver 15.6631310 - Taxi Driver 13.9831361 - Truckdriver, Light 15.6631362 - Truckdriver, Medium 17.9031363 - Truckdriver, Heavy 19.1831364 - Truckdriver, Tractor-Trailer 19.18

99000 - Miscellaneous Occupations99030 - Cashier 10.0399050 - Desk Clerk 11.5899095 - Embalmer 23.0599251 - Laboratory Animal Caretaker I 11.3099252 - Laboratory Animal Caretaker II 12.3599310 - Mortician 31.7399410 - Pest Controller 17.6999510 - Photofinishing Worker 13.2099710 - Recycling Laborer 18.5099711 - Recycling Specialist 22.7199730 - Refuse Collector 16.4099810 - Sales Clerk 12.0999820 - School Crossing Guard 13.4399830 - Survey Party Chief 21.9499831 - Surveying Aide 13.6399832 - Surveying Technician 20.8599840 - Vending Machine Attendant 14.4399841 - Vending Machine Repairer 18.7399842 - Vending Machine Repairer Helper 14.43

____________________________________________________________________________________

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $4.02 per hour or $160.80 per week or $696.79 per month

VACATION: 2 weeks paid vacation after 1 year of service with a contractor orsuccessor; 3 weeks after 5 years, and 4 weeks after 15 years. Length of serviceincludes the whole span of continuous service with the present contractor orsuccessor, wherever employed, and with the predecessor contractors in theperformance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)

HOLIDAYS: A minimum of ten paid holidays per year, New Year's Day, Martin LutherKing Jr's Birthday, Washington's Birthday, Memorial Day, Independence Day, LaborDay, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (Acontractor may substitute for any of the named holidays another day off with pay inaccordance with a plan communicated to the employees involved.) (See 29 CFR 4174)

THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING:

1) COMPUTER EMPLOYEES: Under the SCA at section 8(b), this wage determination doesnot apply to any employee who individually qualifies as a bona fide executive,administrative, or professional employee as defined in 29 C.F.R. Part 541. Becausemost Computer System Analysts and Computer Programmers who are compensated at a ratenot less than $27.63 (or on a salary or fee basis at a rate not less than $455 perweek) an hour would likely qualify as exempt computer professionals, (29 C.F.R. 541.400) wage rates may not be listed on this wage determination for all occupations

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within those job families. In addition, because this wage determination may notlist a wage rate for some or all occupations within those job families if the surveydata indicates that the prevailing wage rate for the occupation equals or exceeds$27.63 per hour conformances may be necessary for certain nonexempt employees. Forexample, if an individual employee is nonexempt but nevertheless performs dutieswithin the scope of one of the Computer Systems Analyst or Computer Programmeroccupations for which this wage determination does not specify an SCA wage rate,then the wage rate for that employee must be conformed in accordance with theconformance procedures described in the conformance note included on this wagedetermination.

Additionally, because job titles vary widely and change quickly in the computerindustry, job titles are not determinative of the application of the computerprofessional exemption. Therefore, the exemption applies only to computer employeeswho satisfy the compensation requirements and whose primary duty consists of:

(1) The application of systems analysis techniques and procedures, includingconsulting with users, to determine hardware, software or system functionalspecifications;

(2) The design, development, documentation, analysis, creation, testing ormodification of computer systems or programs, including prototypes, based on andrelated to user or system design specifications;

(3) The design, documentation, testing, creation or modification of computerprograms related to machine operating systems; or

(4) A combination of the aforementioned duties, the performance of whichrequires the same level of skills. (29 C.F.R. 541.400).

2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If youwork at night as part of a regular tour of duty, you will earn a night differentialand receive an additional 10% of basic pay for any hours worked between 6pm and 6am.If you are a full-time employed (40 hours a week) and Sunday is part of yourregularly scheduled workweek, you are paid at your rate of basic pay plus a Sundaypremium of 25% of your basic rate for each hour of Sunday work which is not overtime(i.e. occasional work on Sunday outside the normal tour of duty is consideredovertime work).

HAZARDOUS PAY DIFFERENTIAL: An 8 percent differential is applicable to employeesemployed in a position that represents a high degree of hazard when working with orin close proximity to ordinance, explosives, and incendiary materials. Thisincludes work such as screening, blending, dying, mixing, and pressing of sensitiveordance, explosives, and pyrotechnic compositions such as lead azide, black powderand photoflash powder. All dry-house activities involving propellants or explosives.Demilitarization, modification, renovation, demolition, and maintenance operations

on sensitive ordnance, explosives and incendiary materials. All operationsinvolving regrading and cleaning of artillery ranges.

A 4 percent differential is applicable to employees employed in a position thatrepresents a low degree of hazard when working with, or in close proximity toordance, (or employees possibly adjacent to) explosives and incendiary materialswhich involves potential injury such as laceration of hands, face, or arms of theemployee engaged in the operation, irritation of the skin, minor burns and thelike; minimal damage to immediate or adjacent work area or equipment being used.All operations involving, unloading, storage, and hauling of ordance, explosive, andincendiary ordnance material other than small arms ammunition. These differentialsare only applicable to work that has been specifically designated by the agency forordance, explosives, and incendiary material differential pay.

** UNIFORM ALLOWANCE **

If employees are required to wear uniforms in the performance of this contract(either by the terms of the Government contract, by the employer, by the state orlocal law, etc.), the cost of furnishing such uniforms and maintaining (by

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laundering or dry cleaning) such uniforms is an expense that may not be borne by anemployee where such cost reduces the hourly rate below that required by the wagedetermination. The Department of Labor will accept payment in accordance with thefollowing standards as compliance:

The contractor or subcontractor is required to furnish all employees with anadequate number of uniforms without cost or to reimburse employees for the actualcost of the uniforms. In addition, where uniform cleaning and maintenance is madethe responsibility of the employee, all contractors and subcontractors subject tothis wage determination shall (in the absence of a bona fide collective bargainingagreement providing for a different amount, or the furnishing of contraryaffirmative proof as to the actual cost), reimburse all employees for such cleaningand maintenance at a rate of $3.35 per week (or $.67 cents per day). However, inthose instances where the uniforms furnished are made of "wash and wear"materials, may be routinely washed and dried with other personal garments, and donot require any special treatment such as dry cleaning, daily washing, or commerciallaundering in order to meet the cleanliness or appearance standards set by the termsof the Government contract, by the contractor, by law, or by the nature of the work,there is no requirement that employees be reimbursed for uniform maintenance costs.

The duties of employees under job titles listed are those described in the"Service Contract Act Directory of Occupations", Fifth Edition, April 2006,unless otherwise indicated. Copies of the Directory are available on the Internet. Alinks to the Directory may be found on the WHD home page at http://www.dol.gov/esa/whd/ or through the Wage Determinations On-Line (WDOL) Web site athttp://wdol.gov/.

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form1444 (SF 1444)}

Conformance Process:

The contracting officer shall require that any class of service employee which isnot listed herein and which is to be employed under the contract (i.e., the work tobe performed is not performed by any classification listed in the wagedetermination), be classified by the contractor so as to provide a reasonablerelationship (i.e., appropriate level of skill comparison) between such unlistedclassifications and the classifications listed in the wage determination. Suchconformed classes of employees shall be paid the monetary wages and furnished thefringe benefits as are determined. Such conforming process shall be initiated bythe contractor prior to the performance of contract work by such unlisted class(es)of employees. The conformed classification, wage rate, and/or fringe benefits shallbe retroactive to the commencement date of the contract. {See Section 4.6 (C)(vi)}When multiple wage determinations are included in a contract, a separate SF 1444should be prepared for each wage determination to which a class(es) is to beconformed.

The process for preparing a conformance request is as follows:

1) When preparing the bid, the contractor identifies the need for a conformedoccupation(s) and computes a proposed rate(s).

2) After contract award, the contractor prepares a written report listing in orderproposed classification title(s), a Federal grade equivalency (FGE) for eachproposed classification(s), job description(s), and rationale for proposed wagerate(s), including information regarding the agreement or disagreement of theauthorized representative of the employees involved, or where there is no authorizedrepresentative, the employees themselves. This report should be submitted to thecontracting officer no later than 30 days after such unlisted class(es) of employeesperforms any contract work.

3) The contracting officer reviews the proposed action and promptly submits a report

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of the action, together with the agency's recommendations and pertinentinformation including the position of the contractor and the employees, to the Wageand Hour Division, Employment Standards Administration, U.S. Department of Labor,for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4).

4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, ordisapproves the action via transmittal to the agency contracting officer, ornotifies the contracting officer that additional time will be required to processthe request.

5) The contracting officer transmits the Wage and Hour decision to the contractor.

6) The contractor informs the affected employees.

Information required by the Regulations must be submitted on SF 1444 or bond paper.

When preparing a conformance request, the "Service Contract Act Directory ofOccupations" (the Directory) should be used to compare job definitions to insurethat duties requested are not performed by a classification already listed in thewage determination. Remember, it is not the job title, but the required tasks thatdetermine whether a class is included in an established wage determination.Conformances may not be used to artificially split, combine, or subdivideclassifications listed in the wage determination.

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Attachment J.2

OIG Hotline Poster

report

fraud

what isgrant or contract fraud?Falsifying information in grant applications or contract proposals

Using Federal funds to purchase items that are not for Government use

Billing more than one grant or contract for the same work

Billing for expenses not incurred as part of the grant or contract

Billing for work that was never performed

Falsifying test results or other data

Substituting approved materials with unauthorized products

Misrepresenting a project’s status to continue receiving government funds

Charging higher rates than those stated or negotiated for in the bid or contract

Influencing government employees to award a grant or contract to a particular company, family member, or friend

Report fraud or misconduct

relating to the receipt or expenditure of

HHS grant or contract funds.

Tel:1-800-HHS-TIPS

Online:oig.hhs.gov/report-fraud

U.S. Department of Health and Human Services

Office of Inspector General

Scan Here To

Report Fraud Now!