Successfully reported this slideshow.
We use your LinkedIn profile and activity data to personalize ads and to show you more relevant ads. You can change your ad preferences anytime.

Dilley Children Jail Medical Services Contracts

566 views

Published on

ICE contracted with private healthcare staffing corporation, Maxim Healthcare Services, to provide medical services to children and mothers detained at the South Texas Family Residential Center (STFRF) located in Dilley, Texas. From 09/22/2015 to 09/22/2016, ICE was obligated to pay Maxim $28,799,940.48. However, ICE apparently paid nearly $6 million more than the maximum allowed: $34,713,350.00, according to USAspending.gov

Published in: Law
  • Login to see the comments

  • Be the first to like this

Dilley Children Jail Medical Services Contracts

  1. 1. SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS OFFEROR TO COMPLETE BLOCKS 12, 17, a 24, & 30 I. REQUISITION !:UMBER 192114FHQUIS00035 1 208 5 50.1LITATION NUMBER2 CONTRACT NO HSCEDM-14-C-00005. FOR SOLICITATION 110. INFORMATION CALL' (1)(6)(1)(6)(C) B.ISSUEDBY ICE/Detention Corn liance & Renoval s IninC ciliation and Customs Enforcement. 01 1 Lee of Acguisi ion Management 801 I Street, NW :uite 930 WASHINGTON DC 20536 b 515CPNERC 232-73 ICFVF°' IC %I% ACQUISITICN IS SMALL ausINEss El bJELZOF.E WALL BUSINESS IL1 UNRESTRICTED OR %FOR Nab 621111 EVE 5ANDR%lb $1 0 . 0 TI I Ea "HIE CONTRACT A RRTFD °PEER URRER DEES tlE CFR RC% Net 33 Fl F0 IF RFS II DELIVERY FOR FOB OESTIVA TIDN UN_ESS BLOCK IS MARKED SEE SCI-FCULE 15 OE- VER TO % ASPRINSTERED BY DE ICE4DCRRODE TOIFICR ICE/Detention Comp: lance & Removais Inunignit :on and CUR Lams Enforcement Of lice of Acquisition Management 801 I street NW, Suite 930 Washington DC 20536 ICE/Detention 50:14). :ance .5 Removals :emigration and Customs Enforcement Office of Acciiis Lilo: Management 801 I Street. N, suite 930 Washington DC 20535 062904010000 I ;ASS"REEF MAXIM HEALTHCARE SERVICES TNC 7227 TMR DEFOREST DRIVE COLUMBIA MD 210463405 CODE CFFEROR 1 EIEPFRINF NO AND PUI MJER ADDRESS IN OFFER E [WO Bo PAYMENTIMRE RE MEER RE ICE-FRO-EHQ DMD OHS, 1152. Burl] ng ton Finance Center P.O. Box 1620 Attn: ICE-FRO/DRO-FHQ-DMD Will i sten VT 054 95-1620 ITEM TO UN1 ERR DUNS Number' I Ott rap.- n cgr i ger ' s Representative: (1)(6461)(7)(C) i6 (6) Contract Of rb)(6), ,c (1)(6461)(7)(C) (Use Reverse and/or Attach Additional Sheets as Necessary) OMANI 22 RN 26 TOTAL AWARD AMOUNT (f cr GM Use Only) $44,273,305.14 LI27a SOLICITATION INCORPORATES BY REFERENCE FAR 52 2'..5-1 52 124 FAR 52 212% AND 52 112 5 ARE ATTACH FD ADDENDA 'XI 2/b.CONTRACTIPLIRCHASE ORDER INCORPORATES BY REFF 5FNEF FAR 52.212-i.FAR E2 112.5 Al (ACHED L I ARC c ARE NOT ATTACHED IN ARE I 'ARE NOT ATTACHED. 25 ACCOUNTING AND APPROPRIAT.ON DATA See schedule X128 CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES TO ISSUING OFFICE CONTRACTOR AGREES 10 FIERB 511 AND DELIVER en An T RY ADDIT ' L 6 C) ET 29 AWARD OF CON RACT REF ESCEDI4-14-R-00013 OFFER DATED 03/29/20 14 YOUR OFFER ON SOLICITATION (BLOCK 5). INCLUDING ANY ADDITIONS OR CHANGES WHISK ARE SET FORTH HEREIN IS ACCEPTED AS TO ITEMS (6) ING OFFICER) DATE SIGNED c DATE SIGNED /r -4 AU IHORIZED FOR LOCAL REPRODUCTION STANDA 0 FORM 1449 (REV, 212012) PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR ITE CFR) 63.212 B(ThE RR° 7 E R5075 R (1)(6)01)(4)(C0 Controller 99- 1, -20/4 1 1 of 432
  2. 2. 2 of 208 EM NO SCHEDULE OF SUFFLEaSEEVICES 21 U JANTITY L'NIT 23 UN T PRICE N. AMOUNT Contract Specialist: 0) L0 202-7221 Y (6) LC This contract is to provide contractor support for comprehensive heal thee re services at the South Texas Family Residential Facility AETTREd and the Artpsia New Mexico Tam1gy ResidanlAA1 Facility (ANMEREth . services shall be pert::7 F rice wilth she attached Statement of 'Soria (Sea Attachment 1, the gen/hags tochtictl (dated 08/29/14) and the vendor's price proposal ted 08/25/14). Funding in the amount of $6,33.5,561.57 is being allotted to this contract award to Cully fund Clans 0003 and 0004, All other =Ns are currently opliArnal CLINs and will he funded at e time they are exercised. The funding provided in this Contract is the amount present] y available tor payment aria allotted to this Contract. The Service Provider agrees to perform to the point that does rot exceed the Racal amount currently a:it:teed to the items funded under this Contract. The Service Continued ... 326 011AN STY IN COLUMN 21 HAS BEEN RECEIVED n INSPECTED ACCEPTED AND CONFORMS TO THE CONTRACT XCEPT AS NOTED. 326 SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c. DATE 32d PRINTED NAME AND TIGE OF AUTHORIZED OCIVERNINEN I REPRESENTATIVE 3.2e MAIL ING ADDRESS OF A.3)1 HORIZED GOVERNMENT REPRESENTATIVE 32T.1 ELEPHONE NUMBER OF AUTHORIZED COVERNMEN I REPRESENTA I IVE 370• E-MAIL OF AUTHOR.ZED GOVERNMENT REPRESEN EATIVE 33. SHIP NUMBER 34 VOUCHER NUMBER as AMOUNT VEABLED CORRECT FOR 36 PAYMENT L COMPLEIE 111 PAR OAL n FINAL 37 CHECK NUMBER Fl PARTIAL H FINAL 29. SIR ACCOUNT NUMBER Al SIR VOUCHER N JMEER 40. PAID BY CA I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 02a RECEIVED CV (PAT) 11 A SIGNATURE AND TER F OF OE TIFYING OFFICER 41C. UASE 42s. RECEIVED AT (LocalrEn) 42c DATE PEGG (rOMV.430) 1291 TOTAL CONTAINERS SIANDARO FOR 2 of 432
  3. 3. SUPPLIEDESERVIGES (3)(A) UNIT PRICE (Di (E) MOUNT (El(C) Provider is not autharazed to continue to work on those itemds) beyond that point. The Government will not be obligated he reimburse the Service Provide/ in excess of the amount allotted to those item(s) for performance beyond the funding alMildyr. Exempt Action: Y Accounting Info: Period of Performance: 09411/2014 to 09/i04621 u15 0001 Heafthcare Services at the S4M141' (Optic:m(1 C IN) Base Period - Six (6) Months - Dates TES All services sh441: be per formed in accordance with the attached Statement of Work (SOW), vendor's technical proposal (dated August 29, 2014) and Attachment 1 (full list of labor categories and corresporning rates). ount: $12,714,861.2C(Cin on Line Item: 0002 Itavei4Otner Direct Costs (CDC 's) for ST PRO (Optional OLIN) e Period Six (6) - Dates TED ost ReithwrnabIe OLIN dant: $3,0148,222.75(Optr Line Item) 0003 BeaLthcaih Services at Cne AREhaF rase Period- 9/11/2014 through 3410/2013 11 services snail be performed in accordance ith the attached Statement of Work (SOW), rendor's technical proiwral (dated August 29, 2014) and Attachment 1 (fa1h list oi labor categories and corresponding rates). iligated Amount: n4,999,991.31 ontinded 4,909,991.31 CONTINUATION SHEET NSTEDM-14 -O 0()C 05 3 I 208 JED PAGE NAGEOFUHEROPORCONTRAGTOR MAXIM) HEALTHCARE SE CES INC NEN 754C 01 -152 8067 apcnsered by GSA 3 of 432
  4. 4. PAGE CONTINUATION SHEET HSCEDN-14-C -000CA 4 208 NAMEOPOTFEROPORUONTRACTOR HANSI) HEALTHCARE SERVICE:8 INC ITEM NO. (A) STPT '2(8E82'828 •:5) OUflTITh UNIT UM- PRICE (D) (E) AMOUNT (F) 0004 Travel/Other Direct Costs (CAS for nAMFPr 1,425,677 6 Rase Period- 9411/2014 Mnrough 3/10/2015 Cost Reimbursable COIN Obligated Amount: $1, 42•; ,57 1,26 1001 Heaithcare Services at the STERC OprTonal OLIN( ()thou Per Lod One - Slx .18( Months - Dates TBD 11 services shall be performed in accordanAe Ith the attached Sta-emea- of Work (SCE), vendor's technical proposal (dated August 28, 014) and Attachment 1 (full list of labor atemories and corresponding rates). Amount.: $12,714,861.25(Option tine Item) 1002 Travel/Cther Direct Costs :CDC's) Cop S1EAC Optional COIN) Option Period One - Six (6( Months - Dates DAD Cost Reimbursable OLIN Amount( $3,086,222.75(Optron Line Irsmi 1003 HealtAcare Services et the ANNTRC Option Period One All services shall he performed in accordance eith the attached stritn7. of Work (SOW), vendor's technical proposal (dated August 28, 2014) and Attachment 1 (full list of labor categories and corresponding rates). mourn.: $4,909,991.31(Optton Line Item) 1004 Travel/Other Direct Costs :CDC's) fob PAAADM Ntfon Period One ost Reimbursable OLIN mount: $1,425,577.26(0pAron Line Item) trAbleing TnntruatLens: COntinUed .„ 8C67 OPTIONAL FORM flS ) Spcnsmou by GuA F AR He CF N) r3 I. 0 4 of 432
  5. 5. AENERENCE NO OF DOCUMENT EEISr4 COAPNLED AGE CONTINUATION SHEET HS:lb:DM-14 - C-00005 5 208 NAME OF OFFE OR OR CONTRACTOR MAXIM HEALTHCARE SFRUTCES INC ITFMNO. (A) sUFFLIES,GFRVOES (B) geobay (C) ems (0) gasper: (E) AMOLNA (f) Service Providers/Contractors shall use these procedures when submitting an invoice. _. Invoice Submission: invoices shall be submitted in a .pdf format on a monthly basis via .mail to: lf l Bach email shall contain onLy one (1) invoice and the subject line of the email will annotate the invoice number. The emailed invoice shall include the bill to address Shown below: OHS, TOE Financial Operations - Burl ' ngton P.O. Box 1620 TTN: ICE-BRO-FEQ-DED illaston, VT 05495U620 Note: the Service Providers or Contractors Bunn and Bradstreet (Dell) DUNS Number must be registered in the System for Award Management ( SAM) at https://www.sam.gov prior to award and shall be notated on every invoice subedtted to ensure prompt payment provisions are net. The 10f, program office identified in the task order/contract shall also he notated on every invoice. 2. Content of Invoices: Each invoice submissi or shall contain the following information: (i) Name and address of the Service Provider/Contractor. Note: the name, address and DUNS number on the invoice MUST match th e information in both the Contract/Agreement and the information in the SAM. If payment is remitted to another- enfity, the name, address and DUNS information of that entity must also be rovided which will. require Government verification before payment can be processed; (ii) Dunn and Bradstreet (D69) BONS Number; Iiii) Invoice date and invoice number; (iv) Agreement/Contract number, contract line item number and, if applicable, the order- number; Continued ... NSA 7540-01-151 Sponsored by GSA 5 of 432
  6. 6. CONTINUATION SHEET REFEREKCE NO. CF DOCUMENT BEN); CONTINUE)) HSCEDM-14-0-00005 6 208 MAXIM HEALTHCARE SERVICES INC IITM NO (A) aumntt (CI JNITPRICE (E) AMOL NT (F) SUPPL IC515 E RVICES (B) ) Description, quantity, unit of measure, unit price, extended price and period of performance of the items or services delivered; (vi)Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill ot Lading; (vii)Terms of any discount for prompt payment offered; (viii)Rerht to Address; (ix)Name, title, and phone number of person to notify In event of defective invoice; and 3. Invoice Supporting Documentation. In order to ensure payment, the vendor must also submit supporting documentation to the Contracting Officers Representative :C014) identifier in the contract as described below. Supporting documentation shall he submitted to the CUR or contract Point of Contact (POC) identified in the contract or task order with all invoices, as appropriate. See paragraph 4 for details regarding the safeguarding of information. Invoices wirhout documentation to support invoiced items, containing charges for items outside the scope of the contract, or not based on the most recent contract base or modification rates will be considered improper and returned for resubmission. Supporting documentairen requirbmenrs include: . Firm Fixed Price rtems (items not subject to any adjustment on the basis of the contractors cost experience, such as pre-established monthly guaranteed minimum; for detention or transportation): do not require detailed supporting documentation unless specifically requested by the Government. (ii). Fixed gnit Price item; (items for allowable incurred costs, such as detention and/or transportation services with no defined minim= quantities, stationary guard or escort services, transportation mileage or other Minor Charges such as sack lunches and detainee wages): shall be fully supported with documentation substantiating the ccur; and/or reflecting the stablished price in the contract and submitted MContinued OPTIONAL FOROA 330 (I BE) FAR (4s CFR) 53 1 11)1 6 of 432
  7. 7. (A) (B QUANTITY (C) UNIT PR.CE (E) &YOUNT (F) ULPPLIE In pdf format Detention Services (1)Red day rate; (2)Residents/detainees check in and check-out dates; (3)Number of bed days multiplied by the bed day rate; (4)Name of each deta(nee; (5)Residents/detainees identification informatics (iv). Transportation Services: (1)The mileage rate being applied for that invoice. (2)Monthly billing reports listing transportation sery.ces provided; number of miles; transportation routes provided; locations serviced and/or names/numbers of detainees transported; an itemized liszing of all other charges; and, for reimbursable expenses (e.g. travel expenses, special meals, etc.) copies of all receipts. (v). Stat.onary Guard Sefy.cses: N1) The itemised monthly invoice shall state the !number ot hours being billed, the duration of the billing (times and dates) and the name of the resident(s)/detw:nee(s) that was/were guarded. Ni). Other Direct Charges: The invoice shall include appropriate supporting documentation for any direct chargo billed for reimbursement. 4. Safeguarding Information: As a contractor or vendor conducting business with Immigration and Customs Enforcement (TOE), you are required to =ply with DES Policy regarding the safeguarding of Sensitive Personally Identifiable Information (P11). Sensitive PII is information that identifies an individual, inclmding an alien, and could result in harm, embarrassment, inconvenience or unfairness. Examples of Sensitive 211 include information such as: Social Security Numbers, Alien Registmazion Numbers (A-Numbers), or combinations of information such as the inaividualbs name or Continued CONTINUATION SHEET FiLFERENCE NO. D,DOCUMENT BEINU CUNINUM MSCEDM-14-C-00005 PAGE 7 I 208 MAXIM HEALTHCARE SERVICES INC NSN 7540 006 Spar spud by GSA 7 of 432
  8. 8. PAGE HSCEDIA-14-C-00005 8 I 200 CONTINUATION SHEET NAMEOFOFFERCROPCONTRACTOR MAXIM HEALTHCARE SERVICES INC SUPPLIESIBEIRVICES UUANT Tr UNIT U511 PRICE (A) (P) 15]) (D) (E) (F) r unique identifier and full date of birth, zenship, or immigration stntus. part of your obligation to safeguard information, the fellow precaulhons are required: Email supporthng documents containing Sensitive RI' in an encrypted attachment with password sent separately. Never Leave paper documents containing Sensitive ILL: unattended and unsecure. When not n: use, these documents wihl he locked in drawers, cabinets, desks, etc. so the information is not accessible to those without a need to know. Use shredders when discarding paper documents containing Sensitive PII. Refer to the DES Handbook fur Safeguarding Sensitive Personally Identifiable Tnlormation (March 2012) found at http://www.dhs.gov/xlihrary/assets/privacy/dhs-prh vacy-safeguardingsensithvepiihandbook-maren2012.1x f for more information on and/or examples of Seiisiuve ?IE. 5. If you have questions regard(ng payment, please contact ICE Financial Operations at or by e-mail at The obligated amount of award: $6,335,568.57. Ithe total for this award is shown in box 26. NEN 7540 01 152 13287 OPTIONAL FORM 136 (4 552 Socruored by GSA 8 of 432
  9. 9. Anesio vt Services Contract # HSCEDM-14-C#00005 AItachmeni 1 —Conrad Musts & Labor Roles CONTRACT CLAUSES FAR 52.212-4 Contract Terms and Conditions—Commercial Items (May 2014) (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 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; 9 of 40 9 of 432
  10. 10. Anesio vt Services Contract # HSCEDM-14-C#00005 AItachmeni 1 —Conrad Musts & Labor Rates (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. (h) Patent indemnhy. 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.— ( I ) 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(6) for the appropriate EFT clause. (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, en-oneous payment, liquidation errors, date(s) of overpayment); 10 of 40 10 of 432
  11. 11. Anesio vt Services Contract # HSCEDM-14-C#00005 AItachmeni 1 —Conrad Musts & Labor Rates (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 as 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 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 transportation is f.o.b. destination. 11 of 40 11 of 432
  12. 12. Anesio vt Services Contract # HSCEDM-14-C#00005 AItachmeni 1 —Conrad Musts & Labor Roles (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (1) 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 jOr 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 Govermnent 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. (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 52.2 I 2-5. (4) Addenda to this solicitation or contract, including any license agreements for computer software. (5) Solicitation provisions if this is a solicitation. 12 of 40 12 of 432
  13. 13. Anesio vt Services Contract # HSCEDM-14-C#00005 AItachmeni 1 —Conrad Musts & Labor Rates (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). ( I ) 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)0) 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 FAR 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: and (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 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 ( I ) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User 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. 13 of 40 13 of 432
  14. 14. Anesio vt Services Contract # HSCEDM-14-C#00005 AItachmeni 1 —Conrad Musts & Labor Roles (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. (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. (End of clause) FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. (Jul 2014) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50 Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). Alternate 1 (Aug 2007) of 52.222-50 (22 U.S.C. 7I04(g)). (2) 52233-3 Protest After Award (ALTO 1996) (31 U.S.C. 3553). (3) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)"(Public Laws 108- 77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph 04 that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] (1) 52.203-6. Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). X (2) 52.203-13 Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509)). (3) 52.203-IS Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Ac 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. 1 1 1-117, section 743 of Div. C). (7) 52.204-15. Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 1 II-1 IT section 743 of Div. C). 14 of 40 14 of 432
  15. 15. Anesio vt Services Contract # HSCEDM-14-C#00005 AItachmeni 1 —Conrad Musts & Labor Roles X_ (8) 51209-6 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). X (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 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). (1 I ) 52.219-3 Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). (12) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 201!) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). (13) [Reserved] (14)(i) 52.219-6 Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). (ii) Alternate I (Nov 2011). (iii) Alternate II (Nov 2011). (15)(i) 52.219-7. Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). (ii) Alternate I (Oct 1995) of 52.219-7. (iii) Alternate II (Mar 2004) of 52.219-7. _X_(16) 52.219-8 Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)). (17)(i) 52.219-9 Small Business Subcontracting Plan (Jul 2013) (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 (Jul 2010) 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)(I4)). X (20) 52.219-16 Liquidated Damages Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). (21)(i) 52.219-23 Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). (ii) Alternate I (June 2003) of 52.219-23. (22) 52.219-25 Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102 and 10 U.S.C. 2323). (23) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102 and 10 U.S.C. 2323). (24) 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 201!) (15 U.S.C. 657 f). X (25) 52.219-28 Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). (26) 52.219-29 Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). 15 of 40 15 of 432
  16. 16. Anesio vt Services Contract # HSCEDM-14-C#00005 AItachmeni 1 -Conrad Musts & Labor Roles (27) 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 (28) 52.222-3 Convict Labor (June 2003) (EQ. 11755). (29) 52.222-19 Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (ED. 13126). X (30) 52.222-21. Prohibition of Segregated Facilities (Feb 1999). X (31) 52.222-26 Equal Opportunity (Mar 2007) (E.O. 11246). _X_ (32) 52.222-35 Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212). _X_ (33) 52.222-36. Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). X_ (34) 52.222-37 Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212). _X_ (35) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (ED. 13496). X (36) 52.222-54. Employment Eligibility Verification (Auri 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.) (37)(i) 52.223-9 Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) (38)(i) 52.223-13 Acquisition of EPEATO-Registered Imaging Equipment (JUN 2014) (E.O. 13423 and 13514). (ii) Alternate I (Jun 2014) of 52.223-13. (39)(i) 52.223-14 Acquisition of EPEATO-Registered Televisions (ED. 13423 and 13514). (ii) Alternate I (Jun 2014) of 52.223-14. X (40) 52.223-15 Energy Efficiency in Energy-Consuming Products (Drc 2007) (42 U.S.C. 8259b). _X_ (41)6) 52.223-16. Acquisition of EPEATO-Registered Personal Computer Products (JUN 2014) (E.O. 13423 and 13514). (ii) Alternate I (Jun 2014) of 52.223-16. _X_ (42) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (EQ. 13513). (43) 52.225-1 Buy American Supplies (May 2014) (41 U.S.C. chapter 83). (44)(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. (45) 52.225-5 Trade Agreements (Nov 2013) (19 U.S.C. 2501 et seq. 19 U.S.C. 3301 note). 1.6 of 40 16 of 432
  17. 17. Anesio vt Services Contract # HSCEDM-14-C#00005 Anoclunew 1 -Conrad Musts & Labor Rates _X_ (46) 52.225-13. Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). (47) 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). (48) 52.226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). (49) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). (50) 52.232-29 Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505 10 U.S.C. 2307(0). (51) 52.232-30. Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505 10 U.S.C. 2307(0). X (52) 52.232-33 Payment by Electronic Funds Transfer System for Award Management (Jul 2013) (31 U.S.C. 3332). (53) 52.232-34 Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). (54) 52.232-36 Payment by Third Party (May 2014) (31 U.S.C. 3332). X (55) 52.239-1 Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). (56)(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 1 (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). (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). X_ (7) 52.222-17 Nondisplacement of Qualified Workers (May 2014) (E.0.13495). (8) 52.226-6. Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). (9) 52.237-11 Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). 17 of 40 17 of 432
  18. 18. Anesio vt Services Contract # HSCEDM-14-C#00005 AItachmeni 1 —Conrad Musts & Labor Rates (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)(I ) 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 (May 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 (S1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17 Nondisplacement of Qualified Workers (May 2014) (EQ. 13495). Flow down required in accordance with paragraph (I) of FAR clause 52.222-17. (iv) 52.222-26 Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35 Equal Opportunity for Veterans (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) (EQ. 13496). Flow down required in accordance with paragraph (0 of FAR clause 52.222-40. (ix) 52.222-41 Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (x) 52.222-50 Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). Alternate 1 (Aug 2007) of 52.222-50 (22 U.S.C. 7I04(g)). (xi) 52.222-51 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). 18 of 40 18 of 432
  19. 19. Anesio vt Services Contract # HSCEDM-14-C#00005 Allachmeni 1 —Conrad Musts & Labor Roles (xii) 51222-53, 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. (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) 19 of 40 19 of 432
  20. 20. Anesio vt Services Contract # HSCEDM-14-C#00005 AItachmeni 1 -Conrad Musts & Labor Roles CONTRACT CLAUSES - ADDENDUM TO FAR 52.212-4 Clauses Incorporated by Reference: FAR 52.203-3 Gratuities (Apr 1984) FAR 52.203-12Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) FAR 52.204-2 Security Requirements (Aug 1996) FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) FAR 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) FAR 52.215-19Notification of Ownership Changes (Oct 1997) FAR 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011) FAR 52.223-6 Dnig-Free Workplace (May 2001) FAR 52.223-10 Waste Reduction Program (May 2011) FAR 52.224-1 Privacy Act Notification (Apr 1984) FAR 52.224-2 Privacy Act (Apr 1984) FAR 52.228-5 Insurance-Work on a Government Installation (Jan 1997) FAR 52.232-9 Limitation on Withholding of Payments (Apr 1984) FAR 52.232-39Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.232-40Providing Accelerated Payment to Small Business Subcontractors (Dec 2013) FAR 52.233-1 Disputes (Alt D (Dec 1991) FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) FAR 52.237-3 Continuity of Services (Jan 1991) FAR 52.242-13 Bankruptcy (Jul 1995) FAR 52.242-15 Stop-Work Order (Aug 1989) FAR 52.242-17 Government Delay of Work (Apr 1984) FAR 52.243-1 Changes - Fixed-Price (Alt IV) (Apr 1984) FAR 52.245-1 Government Property (Apr 2012) FAR 52.246-2 Inspection of Supplies-Fixed Price (Aug 1996) FAR 52.246-4 Inspection of Services-Fixed Price (Aug 1996) FAR 52.246-16Responsibility for Supplies (Apr 1984) FAR 52.222-1 Notice to the Government of Labor Disputes (Feb 1997) FAR 52.232-23 Assignment of Claims (Jan 1986) FAR 52.216-24 Limitation of Government Liability (Apr 1984) (a) In performing this contract, the Contractor is not authorized to make expenditures or incur obligations exceeding See Award Document dollars. (b) The maximum amount for which the Government shall be liable if this contract is terminated is See Award Document dollars. (End of clause) FAR 52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at th 20 of 40 20 of 432
  21. 21. Anesio vt Services Contract # HSCEDM-14-C#00005 AItachmeni 1 —Conrad Musts & Labor Roles rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed six (6) months. The CO may exercise the option by written notice to the Contractor within ten (10) days of expiration. (End of clause) FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 15 days; 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 he exercise of any options under this clause, shall not exceed one (1) year. (End of clause) FAR 52.243-3 Changes—Time-and-Materials or Labor-Hours (Sept 2000) (a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in any one or more of the following: ( I ) Description of services to be performed. (2) Time of performance (i.e., hours of the day, days of the week, etc.). (3) Place of performance of the services. (4) Drawings, designs, or specifications when the supplies to be furnished are to be specially manufactured for the Government in accordance with the drawings, designs specifications. (5) Method of shipment or packing of supplies. (6) Place of delivery. (7) Amount of Government-furnished property. (b) If any change causes an increase or decrease in any hourly rate, the ceiling price, or the time required for performance of any part of the work under this contract, whether or not changed by the order, or otherwise affects any other terms and conditions of this contract, the Contracting Officer will make an equitable adjustment in any one or more of the following and will modify the contract accordingly: (1) Ceiling price. 21 of 40 21 of 432
  22. 22. Anesio vt Services Contract # HSCEDM-14-C#00005 AItachmeni 1 —Conrad Musts & Labor Rates (2) Hourly rates. (3) Delivery schedule. (4) Other affected terms. (c) The Contractor shall assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract. (d) Failure to agree to any adjustment will be a dispute under the Disputes clause. However, nothing in this clause excuses the Contractor from proceeding with the contract as changed. (End of clause) FAR 52.246-6 Inspection—Time-and-Material and Labor-Hour (May 2001) (a) Definitions. As used in this clause "Contractor's managerial personnel" means any of the Contractor's directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of— ( I ) All or substantially all of the Contractor's business; (2) All or substantially all of the Contractor's operation at any one plant or separate location where the contract is being performed; or (3) A separate and complete major industrial operation connected with the performance of this contract. "Materials" includes data when the contract does not include the Warranty of Data clause. (b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the material, fabricating methods, work, and services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires. (c) 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 shall perform inspections and tests in a manner that will not unduly delay the work. (d) If the Government performs inspection or test 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. (e) Unless otherwise specified in the contract, the Government shall accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they shall be presumed accepted 60 days after the date of delivery, unless accepted earlier. (f) 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 22 of 40 22 of 432
  23. 23. Anesio vt Services Contract # HSCEDM-14-C#00005 AItachmeni 1 —Conrad Musts & Labor Roles 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 (h) of this clause, the cost of replacement or correction shall be determined under the Payments Under Time-and-Materials and Labor-Hour Contracts 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. 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. (g)(1) 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 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 (ii) Terminate this contract for default. (2) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute. (h) Notwithstanding paragraphs (t) and (g) of this clause, 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— (1) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or (2) 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. (i) 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. (j) 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. (k) 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. (End of clause) 23 of 40 23 of 432
  24. 24. Anesio vt Services Contract # HSCEDM-14-C#00005 AItachmeni 1 —Conrad Musts & Labor Roles FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Https://www.acquisition.gov/far (End of Clause) FAR 52.253-1 Computer Generated Forms (Jan 1991) The following Homeland Security Acquisition Regulations (HSAR) clauses can be found at: http://www.dhs.gov/xlibrary/assets/opnbiz/hsar.pdf. (End of Clause) HSAR 3052.204-70 Security Requirements For Unclassified Information Technology Resources (Jun 2006) (a) The Contractor shall be responsible for Information Technology (IT) security for all systems connected to a DI-IS network or operated by the Contractor for DHS, regardless of location. This clause applies to all or any part of the contract that includes information technology resources or services for which the Contractor must have physical or electronic access to sensitive information contained in DHS unclassified systems that directly support the agency's mission. (b) The Contractor shall provide, implement, and maintain an IT Security Plan. This plan shall describe the processes and procedures that will be followed to ensure appropriate security of IT resources that are developed, processed, or used under this contract. (1) Within thirty (30) days after contract award, the contractor shall submit for approval its IT Security Plan, which shall be consistent with and further detail the approach contained in the Contractor's proposal. The plan, as approved by the CO, shall be incorporated into the contract as a compliance document. (2) The Contractor's IT Security Plan shall comply with Federal laws that include, but are not limited to, the Computer Security Act of 1987 (40 U.S.C. 1441 et seq.); the Government Information Security Reform Act of 2000; and the Federal Information Security Management Act of 2002; and with Federal policies and procedures that include, but are not limited to, OMB Circular A-130. (3) The security plan shall specifically include instructions regarding handling and protecting sensitive information at the Contractor's site (including any information stored, processed, or transmitted using the Contractor's computer systems), and 24 of 40 24 of 432
  25. 25. Anesio vt Services Contract # HSCEDM-14-C#00005 AItachmeni 1 —Conrad Musts & Labor Rates the secure management, operation, maintenance, programming, and system administration of computer systems, networks, and telecommunications systems. (c) Examples of tasks that require security provisions include-- (1) Acquisition, transmission or analysis of data owned by DHS with significant replacement cost should the contractor's copy be corrupted; and (2) Access to DHS networks or computers at a level beyond that granted the general public (e.g., such as bypassing a firewall). (d) At the expiration of the contract, the contractor shall return all sensitive DHS information and IT resources provided to the contractor during the contract, and certify that all non-public DHS information has been purged from any contractor-owned system. Components shall conduct reviews to ensure that the security requirements in the contract are implemented and enforced. (e) Within 6 months after contract award, the contractor shall submit written proof of IT Security accreditation to DHS for approval by the DI-IS CO. Accreditation will proceed according to the criteria of the DI-IS Sensitive System Policy Publication, 4300A (Version 2.1, July 26, 2004) or any replacement publication, which the CO will provide upon request. This accreditation will include a final security plan, risk assessment, security test and evaluation, and disaster recovery plan / continuity of operations plan. This accreditation, when accepted by the CO, shall be incorporated into the contract as a compliance document. The contractor shall comply with the approved accreditation documentation. (End of clause) HSAR 3052.204-71 Contractor Employee Access (Sep 2012) (a) "Sensitive Information," as used in this Chapter, means any information, the loss, misuse, disclosure, or unauthorized access to or modification of which could adversely affect the national or homeland security interest, or the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This definition includes the following categories of information: (1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Pub. L. 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of 25 of 40 25 of 432
  26. 26. Anesio vt Services Contract # HSCEDM-14-C#00005 AItachmeni 1 —Conrad Musts & Labor Roles Homeland Security (including the PCII Program Manager or his / her designee); (2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal Regulations, part 1520, as amended, "Policies and Procedures of Safeguarding and Control of SSI," as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his / her designee); (3) Information designated as For Official Use Only, which is unclassified information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person's privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and (4) Any information that is designated "sensitive" or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures. (b) "Information Technology Resources" include, but are not limited to, computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, and intemet sites. (c) Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the COCO. Upon the CO's request, the Contractor's employees shall be fingerprinted, or subject to other investigations as required. All contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures. (d) The Contracting Officer may require the contractor to prohibit individuals from working on the contract if the Government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns. (e) Work under this contract may involve access to sensitive information. Therefore, the Contractor shall not disclose, orally or in wrung, any sensitive information to any person unless authorized in writing by the CO. For those contractor employees authorized access to sensitive information, the contractor shall ensure that these persons receive training concerning the protection and disclosure of sensitive information both during and after contract performance. (f) The Contractor shall include the substance of this clause in all subcontracts at any tier 26 of 40 26 of 432
  27. 27. Anesio vt Services Contract # HSCEDM-14-C#00005 AItachmeni 1 —Conrad Musts & Labor Roles where the subcontractor may have access to Government facilities, sensitive information, or resources. (End of clause) HSAR 3052.215-70 Key Personnel or Facilities (Dec 2003) (a) The personnel or facilities specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel or facilities, as appropriate. (b) Before removing or replacing any of the specified individuals or facilities, the Contractor shall notify the Contracting Officer, in writing, before the change becomes effective. The Contractor shall submit sufficient information to support the proposed action and to enable the Contracting Officer to evaluate the potential impact of the change on this contract. The Contractor shall not remove or replace personnel or facilities until the Contracting Officer approves the change. The Key Personnel or Facilities under this Contract: see Statement of Work (End of clause) HSAR 3052.225-70 Requirement for Use of Certain Domestic Commodities (Aug 2009) (a) Definitions. As used in this clause-- (1) "Commercial," as applied to an item described in subsection (b) of this clause, means an item of supply, whether an end product or component, that meets the definition of "commercial item" set forth in (FAR) 48 CFR 2. 10 I . (2) "Component" means any item supplied to the Government as pan of an end product or of another component. (3) "End product" means supplies delivered under a line item of this contract. (4) "Non-commercial," as applied to an item described in subsections (b) or (c) of this clause, means an item of supply, whether an end product or component, that does not meet the definition of "commercial item" set forth in (FAR) 48 CFR 2.101. (5) "Qualifying country means a country with a memorandum of understanding or international agreement with the United States under which DHS procurement is covered. (6) "United States" includes the possessions of the United States. 27 of 40 27 of 432
  28. 28. Anesio vt Services Contract # HSCEDM-14-C#00005 AItachmeni 1 —Conrad Musts & Labor Roles (b) The Contractor shall deliver under this contract only such of the following commercial or non-commercial items, either as end products or components, that have been grown, reprocessed, reused, or produced in the United States: ( I ) Clothing and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally associated with, clothing and the materials and components thereof; or (2) Tents, tarpaulins, covers, textile belts, bags, protective equipment (such as body armor), sleep systems, load carrying equipment (such as fieldpacks), textile marine equipment, parachutes or bandages. (c) The Contractor shall deliver under this contract only such of the following non- commercial items, either as end products or components that have been grown, reprocessed, reused, or produced in the United States: ( I ) Cotton and other natural fiber products. (2) Woven silk or woven silk blends. (3) Spun silk yarn for cartridge cloth. (4) Synthetic fabric or coated synthetic fabric (including all textile fibers and yarns that are for use in such fabrics). (5) Canvas products. (6) Wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles). (7) Any item of individual equipment manufactured from or containing any of the fibers, yarns, fabrics, or materials listed in this paragraph (c). (d) This clause does not apply-- (1) To items listed in (FAR) 48 CFR 25.104, or other items for which the Government has determined that a satisfactory quality and sufficient quantity cannot be acquired as and when needed at United States market prices; (2) To incidental amounts of cotton, other natural fibers, or wool incorporated in all end product, for which the estimated value of the cotton, other natural fibers, or wool is not more than IC percent of the total price of the end product; or (3) To items that are eligible products per (FAR) 48 CFR Subpart 254. 28 of 40 28 of 432
  29. 29. Anesio vt Services Contract # HSCEDM-14-C#00005 AItachmeni 1 —Conrad Clause.% & Labor Roles (End of clause) HSAR 3052.242-71 DISSEMINATION OF CONTRACT INFORMATION (DEC 2003) The Contractor shall not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the results or conclusions made pursuant to the performance of this contract, without the prior written consent of the Contracting Officer. An electronic or printed copy of any material proposed to be published or distributed shall be submitted to the Contracting Officer. HSAR 3052.242-72 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2003) (a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Representative (COR) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COR under the contract. (b) The Contracting Officer cannot authorize the COR or any other representative to sign documents, such as contracts, contract modifications, etc., that require the signature of the Contracting Officer. 29 of 40 29 of 432
  30. 30. Anesio vt Services Contract # HSCEDM-14-C#00005 AItachmeni 1 —Conrad Musts & Labor Roles ADDITIONAL TERMS Contractor Evaluating Procedures Performance ratings will be input into the Contractor Past Performance Assessment Reporting System (CPARS) as outlined in FAR 42.1502. The CPARS website is located: http://www.cpars.irov/. Security Requirements REQUIRED SECURITY LANGUAGE FOR SENSITIVE /BUT UNCLASSIFED (SBU) CONTRACTS SECURITY REQUIREMENTS GENERAL The United States Immigration and Customs Enforcement (ICE) has determined that performance of the tasks as described in Contract HSCEDM-14-C-00003 requires that the Contractor, subcontractor(s), vendor(s), etc. (herein known as Contractor) have access to sensitive DHS information, and that the Contractor will adhere to the following. PRELIMINARY DETERMINATION ICE will exercise full control over granting; denying, withholding or terminating unescorted government facility and/or sensitive Government information access for Contractor employees, based upon the results of a background investigation. ICE may, as it deems appropriate, authorize and make a favorable expedited pre-employment determination based on preliminary security checks. The expedited pre-employment determination will allow the employees to commence work temporarily prior to the completion of the full investigation. The granting of a favorable pre-employment determination shall not be considered as assurance that a favorable full employment determination will follow as a result thereof. The granting of a favorable pre- employment determination or a full employment determination shall in no way prevent, preclude, or bar the withdrawal or termination of any such access by ICE, at any time during the term of the contract. No employee of the Contractor shall be allowed to enter on duty and/or access sensitive information or systems without a favorable preliminary fitness determination or final fitness determination by the Office of Professional Responsibility, Personnel Security Unit (OPR-PSU). No employee of the Contractor shall be allowed unescorted access to a Government facility without a favorable pre-employment determination or full employment determination by the OPR-PSU. Contract employees are processed under the ICE Management Directive 6-8.0. The contractor shall comply with the pre-screening requirements specified in the DHS Special Security Requirement — Contractor Pre-Screening paragraph located in this contract, if HSAR clauses 3052.204-70, Security Requirements for Unclassified Information Technology (IT) Resources; and/or 3052.204-71, Contractor Employee Access are included in the Clause section of this contract. 30 of 40 30 of 432
  31. 31. Anesio vt Services Contract # HSCEDM-14-C#00005 AItachmeni 1 —Conrad Musts & Labor Roles BACKGROUND INVESTIGATIONS Contract employees (to include applicants, temporaries, part-time and replacement employees) under the contract, needing access to sensitive information, shall undergo a position sensitivity analysis based on the duties each individual will perform on the contract. The results of the position sensitivity analysis shall identify the appropriate background investigation to be conducted. Background investigations will be processed through the Personnel Security Unit. Prospective Contractor employees shall submit the following completed forms to the Personnel Security Unit through the Contracting Offices Representative (COR), no less than 35 days before the starting date of the contract or 5 days prior to the expected entry on duty of any employees, whether a replacement, addition, subcontractor employee, or vendor: 1. Standard Form 85P "Questionnaire for Public Trust Positions" Form will be submitted via e-QIP (electronic Questionnaires for Investigation Processing) (Original and One Copy) 2, Three signed eQip Signature forms: Signature Page, Release of Information and Release of Medical Information (Originals and One Copy) 3. Two FD Form 258, "Fingerprint Card" 4, Foreign National Relatives or Associates Statement (Original and One Copy) 5. DHS 11000-9, "Disclosure and Authorization Pertaining to Consumer Reports Pursuant to the Fair Credit Reporting Act" (Original and One Copy) 6. Optional Form 306 Declaration for Federal Employment (applies to contractors as well) (Original and One Copy) Prospective Contractor employees who currently have an adequate current investigation and security clearance issued by the Department of Defense Central Adjudications Facility (DoD CAF) or by another Federal Agency may not be required to submit complete security packages, and the investigation will be accepted for adjudication under reciprocity. An adequate and current investigation is one where the investigation is not more than five years old and the subject has not had a break in service of more than two years. Required forms will be provided by ICE at the time of award of the contract. Only complete packages will be accepted by the OPR-PSU. Specific instructions on submission of packages will be provided upon award of the contract. Be advised that unless an applicant requiring access to sensitive information has resided in the US for three of the past five years, the Government may not be able to complete a satisfactory background investigation. In such cases, DNS retains the right to deem an applicant as ineligible due to insufficient background information. 31 of 40 31 of 432
  32. 32. Anesio vt Services Contract # HSCEDM-14-C#00005 AItachmeni 1 —Conrad Musts & Labor Roles The use of Non-U.S, citizens, including Lawful Permanent Residents (LPRs), is not permitted in the performance of this contract for any position that involves access to DHS /ICE IT systems and the information contained therein, to include, the development and for maintenance of DHS/ICE IT systems; or access to information contained in and / or derived from any DHS/ICE IT system. TRANSFERS FROM OTHER DHS CONTRACTS: Personnel may transfer from other DHS Contracts provided they have an adequate and current investigation (see above). If the prospective employee does not have an adequate and current investigation an eQip Worksheet will be submitted to the Intake Team to initiate a new investigation. Transfers will be submitted on the CUR Transfer Form which will be provided by the Dallas PSU Office along with other forms and instructions. CONTINUED ELIGIBILITY If a prospective employee is found to be ineligible for access to Government facilities or information, the COR will advise the Contractor that the employee shall not continue to work or to be assigned to work under the contract. The OPR-PSU may require drug screening for probable cause at any time and/ or when the contractor independently identifies, circumstances where probable cause exists. The OPR-PSU will conduct reinvestigations every 5 years, or when derogatory information is received, to evaluate continued eligibility. ICE reserves the right and prerogative to deny and/ or restrict the facility and information access of any Contractor employee whose actions are in conflict with the standards of conduct, 5 CFR 2635 and 5 CFR 3801, or whom ICE determines to present a risk of compromising sensitive Government information to which he or she would have access under this contract. REQUIRED REPORTS: The Contractor will notify OPR-PSU of all terminations/ resignations within five days of occurrence. The Contractor will return any expired ICE issued identification cards and building passes, or those of terminated employees to the COR. If an identification card or building pass is not available to be returned, a report must be submitted to the COR, referencing the pass or card number, name of individual to whom issued, the last known location and disposition of the pass or card. The COR will return the identification cards and building passes to the responsible ID Unit, The Contractor will report any adverse information coming to their attention concerning contract employees under the contract to the OPR-PSU through the COR, as soon as possible. Reports based on rumor or innuendo should not be made. The subsequent termination of employment of 32 of 40 32 of 432
  33. 33. Anesio vt Services Contract # HSCEDM-14-C#00005 AItachmeni 1 —Conrad Musts & Labor Roles an employee does not obviate the requirement to submit this report. The report shall include the employees' name and social security number, along with the adverse information being reported. The Contractor will provide, through the COR a Quarterly Report containing the names of personnel who are active, pending hire, have departed within the quarter or have had a legal name change (Submitted with documentation) . The list shall include the Name, Position and SSN (Last Four) and should be derived from system(s) used for contractor payroll/voucher processing to ensure accuracy. Submit reports to the email address psu-industrial-security@ice.dhs.gov EMPLOYMENT ELIGIBILITY The contractor will agree that each employee working on this contract will successfully pass the DHS Employment Eligibility Verification (E-Verify) program operated by USCIS to establish work authorization. The E-Verify system, formerly known as the Basic Pilot/Employment Eligibility verification Program, is an Internet-based system operated by DHS USCIS, in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees. E-Verify represents the best means currently available for employers to verify the work authorization of their employees. The Contractor must agree that each employee working on this contract will have a Social Security Card issued and approved by the Social Security Administration, The Contractor shall be responsible to the Government for acts and omissions of his own employees and for any Subcontractor(s) and their employees. Subject to existing law, regulations and/ or other provisions of this contract, illegal or undocumented aliens will not be employed by the Contractor, or with this contract. The Contractor will ensure that this provision is expressly incorporated into any and all Subcontracts or subordinate agreements issued in support of this contract. SECURITY MANAGEMENT The Contractor shall appoint a senior official to act as the Corporate Security Officer. The individual will interface with the OPR-PSU through the COR on all security matters, to include physical, personnel, and protection of all Government information and data accessed by the Contractor. The COR and the OPR-PSU shall have the right to inspect the procedures, methods, and facilities utilized by the Contractor in complying with the security requirements under this contract. Should the COR determine that the Contractor is not complying with the security requirements of this contract, the Contractor will be informed in writing by the Contracting Officer of the proper action to be taken in order to effect compliance with such requirements. 33 of 40 33 of 432
  34. 34. Anesio vt Services Contract # HSCEDM-14-C#00005 AItachmeni 1 —Conrad Musts & Labor Roles The following computer security requirements apply to both Department of Homeland Security (DHS) U.S. Immigration and Customs Enforcement (ICE) operations and to the former Immigration and Naturalization Service operations (FINS). These entities are hereafter referred to as the Department. INFORMATION TECHNOLOGY When sensitive government information is processed on Department telecommunications and automated information systems, the Contractor agrees to provide for the administrative control of sensitive data being processed and to adhere to the procedures governing such data as outlined in DHS IT Security Program Publication DHS MD 430(1 Pub. or its replacement. Contractor personnel must have favorably adjudicated background investigations commensurate with the defined sensitivity level. Contractors who fail to comply with Department security policy are subject to having their access to Department IT systems and facilities terminated, whether or not the failure results in criminal prosecution. Any person who improperly discloses sensitive information is subject to criminal and civil penalties and sanctions under a variety of laws (e.g., Privacy Act), INFORMATION TECHNOLOGY SECURITY TRAINING AND OVERSIGHT All contractor employees using Department automated systems or processing Department sensitive data will be required to receive Security Awareness Training. This training will be provided by the appropriate component agency of DHS. Contractors who are involved with management, use, or operation of any IT systems that handle sensitive information within or under the supervision of the Department, shall receive periodic training at least annually in security awareness and accepted security practices and systems rules of behavior. Department contractors, with significant security responsibilities, shall receive specialized training specific to their security responsibilities annually. The level of training shall be commensurate with the individual's duties and responsibilities and is intended to promote a consistent understanding of the principles and concepts of telecommunications and IT systems security. All personnel who access Department information systems will be continually evaluated while performing these duties. Supervisors should be aware of any unusual or inappropriate behavior by personnel accessing systems. Any unauthorized access, sharing of passwords, or other questionable security procedures should be reported to the local Security Office or Information System Security Officer (ISSO). 34 of 40 34 of 432
  35. 35. Artesia & Service) Contract # HSCEDM-I4-C-00005 Attachment I — Contract Clauses & Labor Rate) Labor Rates CIAN Position Description - Title Number of Duty Hours Fully Burdened Hourly Duty Rate 6-Month Expense (Not To Exceed Values) 0001 Base Period- STFRC 000IA CSM 1,560 (b)(4) 000IB MSM 1,560 000IC AMSM 2,080 000ID Admin Assist 2,080 000IE Family Practice Physician 2,080 000IF Pediatrician 1,560 000IG Psychiatrist 2,080 000111 Psychologist 10,400 00011 LCSW 10,400 000IK Pharmacist 3,120 000IL Pharmacy Tech 4,160 000IM Dentist 3,120 000IN Dental Hygienist 3,120 000IP Dental Asst 4,160 35 of 40 35 of 432
  36. 36. Artesia & Servicc) Contract # HSCEDM-I4-C-00005 Attachment I — Contract Clauses & Labor Rat() CLIN Position Description - Title Number of Duty Hours Fully Burdened Hourly Duty Rate 6-Month Expense (Not To Exceed Values) 0001Q Physician Assistant 6,240 'b)(4) 000IR Nurse Practitioner 6,240 000IS Nurse Manager 2,080 0001T RN 26,000 000IU Vacc RN 5,200 0001V LPN 14,560 000IW Rad Tech 6,240 000IX Medical Record Tech 6,240 0002 Travel and ODC's- STFRC Cost Reimbursable CLIN 0003 Base Period- ANMFRC 0003A Admin Assist 1,040.00 (b)(4) 0003B Family Practice Physician 1,040.00 0003C Psychiatrist 1,040.00 0003D Psychologist 4,160.00 36 of 40 36 of 432
  37. 37. Artesia & Services Contract # HSCEDM-I4-C-00005 Attachment I — Contract Clauses & Labor Rates CLIN Position Description - Title Number of Duty Hours Fully Burdened Hourly Duty Rate 6-Month Expense (Not To Exceed Values) 0003E LCSW 4,160.00 ONE 0003F Pharmacist I 40.00 0003G Pharmacy Tech 2,080.00 0003H Dentist 1,040.00 0003J Dental Hygienist 2,080.00 0003K Dental Asst /080.00 0003L Physician Assistant 2,080.00 0003M Nurse Practitioner 3,120.00 0003P RN 15E0E00 0003Q Vacs; RN /080.00 0003R LPN 6,240.00 0003S Rad Tech 2,080.00 0003T Medical Record Tech 4,160.00 0004 Travel and ODC's- ANMFRC Cost Reimbursable CLIN 1001 Option Period- STFRC 37 of 40 37 of 432
  38. 38. Anesia & Service) Con trod # HSCEDM-I4-C-00005 Attachmen, I — Comract Clauses & Labor Rafts CLIN Position Description - Title Number of Duty Hours Fully Burdened Hourly Duty Rate 6-Month Expense (Not To Exceed Values) (1)X4) 100IA CSM 1,560 100113 MSM 1,560 1001C AMSM 2,080 100 ID Admin Assist 2,080 100IE Family Practice Physician 2,080 I00 IF Pediatrician 1,560 100IG Psychiatrist 2,080 1001H Psychologist 10,400 10011 LCSW 10,400 100 1K Pharmacist 3,120 100 IL Pharmacy Tech 4,160 100IM Dentist 3,120 1001N Dental Hygienist 3,120 100IP Dental Asst 4,160 100IQ Physician Assistant 6,240 38 of 40 38 of 432
  39. 39. Artesia & Servicc) Contract # HSCEDM-I4-C-00005 Attachment I — Contract Clauses & Labor Rat( .5 CLIN Position Description - Title Number of Duty Hours Fully Burdened Hourly Duty Rate 6-Month Expense (Not To Exceed Values) (1)X4) 1001R Nurse Practitioner 6,240 1001S Nurse Manager 2080, 1001T RN 26,000 1001U Vacc RN 5,200 1001V LPN 14,560 1001W Rad Tech 6,240 1001X Medical Record Tech 6,240 1002 Travel and ODC's- STERC Cost Reimbursable CL1N 1003 Option Period- ANMFRC 1003A Admin Assist 1,040.00 (b)(4) 100313 Family Practice Physician 1,040.00 1003C Psychiatrist 1,040.00 1003D Psychologist 4,160.00 1003E LCSW 4,160.00 39 of 40 39 of 432
  40. 40. Artesia & Servicc.s Contract # HSCEDM-I4-C-00005 Attachment I — Contract Clauses & Labor Rat(.s CLIN Position Description - Title Number of Duty Hours Fully Burdened Hourly Duty Rate 6-Month Expense (Not To Exceed Values) OXP 1003F Pharmacist 1,040.00 1003G Pharmacy Tech 2,080.00 1003H Dentist 1,040.00 1003.1 Dental IIygienist /080.00 1003K Dental Asst 2,080.00 1003L Physician Assistant 2,080.00 1003M Nurse Practitioner 3,120.00 1003P RN 15,600.00 1003Q Vacc RN 2,080.00 1003R LPN 6,240.00 1003S Rad Tech 2,080.00 1003T Medical Record 4,160.00 Tech Cost Reimbursable CLAN Travel and ODC's- 1004 ANMFRC "All values IX NMFRC hide Ne N Sales Tax pursuan Ne Mc Statutes AI ed 1978) Char Article 9. 40 of 40 40 of 432
  41. 41. tVhRTA/ U.S. Immigration and Customs Enforcementt, AID St Office of Enforcement and Removal Operations (ERO) ICE Health Services Corps (IHSC) Family Residential Facilities South Texas Family Residential Facility (2400 capacity) Artesia New Mexico Family Residential Facility (650 capacity) STATEMENT OF WORK 41 of 432
  42. 42. TABLE OF CONTENTS General Background Objective Operating Constraint Scope Period of Performance Quality Control Quality Assurance Government Personnel: Roles and Responsibilities Contract Personnel Security Requirements Office Space and Equipment Records and Reports Acceptance Criteria Other Requirements Rejection Procedures Appendix A — Quality Assurance Surveillance Plan (QASP) Appendix B Deliverables Appendix C — Position Descriptions Appendix D — Residential Standard Compliance Tool — Outline Appendix E - Staffing Matrix and Onboarding Timeline (STFRF and ANMFRF) Appendix F - Training/Orientation Checklist, HSD 500 Appendix G - ICE/ERO Exit Check list Appendix 1-1 - Glossary Appendix I—ICE Security Requirements Appendix J—Offsite and Emergent Care Appendix K—Employee Health Appendix L—Credentialing and Privileging 42 of 432
  43. 43. South Texas Family Residential Facility (STFRF) Artesia New Mexico Family Residential Facility (ANMFRF) STATEMENT OF WORK GENERAL This is a non-personal, health care services contract, as defined in FAR 37.101, to provide medical, dental, mental health, nursing and administrative staffing support to the U.S. Immigration and Customs Enforcement (ICE) Health Services Corps (IHSC). The Vendor shall provide full spectrum on-site healthcare support services required by ILISC to provide a continuum of health care services to ICE residents 24 hours daily, seven (7) calendar per week, 365 calendar days per year at the South Texas Family Residential Facility and the Artesia New Mexico Family Residential Facility. For the STFRF these services shall include clinical, administrative and management components and shall require no additional support by federal staff. For the ANMFRF these services shall include clinical, administrative and management components to augment federal (General Schedule and Commissioned Corps of the United States Public Health Service) providers. BACKGROUND As the health authority for ICE on all resident medical and health-related matters, IHSC manages and provides a range of medical, dental, and mental health and nursing care in order to maintain the health of adults and children in ICE's custody through an integrated health care delivery system, based on nationally recognized medical and residential health care standards. The medical care provided while in ICE custody is often the first encounter a resident has with a qualified healthcare professional. The detained population has disproportionately higher rates of infectious and chronic disease, substance abuse, and mental health diagnoses than encountered in most community-based clinics. Many chronic and acute conditions and communicable illnesses are first diagnosed and treated during medical encounters with IHSC or contract facility medical staff while in ICE custody. Depending on the outcome of immigration proceedings and/or administrative actions or recommendations, residents are eventually released into the community or deported to their country of origin, which presents a challenge for the IHSC healthcare providers when considering effective and realistic treatment plans, discharge plans and continuity of care. Family and Residential Facilities (Operating Environment): The residential setting(s) in the ICE system may be composed of family units to include minor children and adults. In such settings, the custody environment, and expected practices, models the intent of a community residential setting. Specific Residential Standards have been established by ICE to define expected outcomes and practices. OBJECTIVE The objective of this contract is to obtain medical management, clinical services, compliance monitoring, and ancillary staffing in support of the U.S. Immigration and Customs Enforcement (ICE) Health Services Corps, specific to the needs of each site as outlined in this Statement of Work. 43 of 432
  44. 44. The Vendor shall provide a broad scope of clinical and administrative healthcare staff for the operation of the STFRF and the ANMFRF facilities medical care component as specified in Appendix E — Staffing Matrix. On- site staffing support services are required by IHSC to provide a continuum of health care services to ICE residents 24 hours a day, seven (7) days per week, 365 days per calendar year (24/7/365) at both sites. OPERATING PARAMETERS Contract performance shall fully comply with the following rules and regulations and the provision of services hereunder at ANMFRF and STFRF: The Immigration and Nationality Act (INA) as amended, 8 U.S.C. 1101 et seq. Homeland Security Act of 2002 (HSA), as amended Title 8 Code of Federal Regulations (CFR), as amended IHSC Policy, Procedure and Process Guides Occupational Safety and Health Administration (OSHA) ICE Residential Standards (ICE RS) ICE and IHSC Code of Conduct Texas and New Mexico State Welfare Codes applicable to the Vendor The government reserves the right to adjust this list of requirements at any time based on the mission, changing healthcare needs, legislation, or other circumstances that dictate changes in practice. The Vendor will have 30 Calendar days to comply with changes to the above aforementioned documents. The Vendor may request a wavier or time extension for any changes. The vendor may submit a waiver request to the CO in writing on case by case bases. At the CO's discretion, waivers and time extensions will be considered. SCOPE IHSC requires on-site staffing support services to provide a continuum of health care services to ICE residents 24 hours a day, seven (7) days per week, 365 days per calendar year (24/7/365) at both sites. (See Appendix E - , Staffing Matrix and Onboarding Timeline, for site/location-specific positions). Medical services shall be compliant with recognized state and national standards and with clinical practice guidelines associated with medical, mental and dental health, nursing, radiology, pharmacy, medical records management and other administrative professions. All offsite and emergent care shall be in compliance with the MedPars system outline in Appendix J. Staff positions and position descriptions are listed in Appendix C - Position Descriptions. Transition Period: The government will provide an operational team only at STFRF for a maximum of 90 consecutive calendar days to assist with the Vendor's establishment of the full scope of services outlined in this SOW. During the first 60 consecutive calendar days, the government will assess the status of the transition (i.e. staffing levels, equipment, GFE, orientation, operational needs) with input from the Vendor. If it is determined by the government that additional transitional time will be required or that any elements mentioned above need to be adjusted, the government may grant an extension while all concerns are addressed. Timeline: The timelines outlined below are based on current operating assumptions and represent the best available information. Variables outside the government's control may impact these dates and the Vendor will be notified of changes as it impacts their requirement to fulfill the terms of the contract. 44 of 432

×