Dilley Children Jail Medical Services Contracts

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
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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

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

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),
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),
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
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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
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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
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(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
NSN 7540 006
Spar spud by GSA
7 of 432

PAGE
HSCEDIA-14-C-00005 8 I 200
CONTINUATION SHEET
NAMEOFOFFERCROPCONTRACTOR
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
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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;
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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);
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Anesio vt Services
(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.
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(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.
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(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.
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(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).
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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)).
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(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).
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).
_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).
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_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)).
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(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).
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(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)
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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
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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.
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(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
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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)
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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
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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
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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
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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.
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(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.
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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.
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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.
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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.
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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
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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.
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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).
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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
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Attachment I — Contract Clauses & Labor Rat()
CLIN
Position
Description - Title
Number of
Duty Hours
Fully Burdened
Hourly Duty
Rate
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
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Attachment I — Contract Clauses & Labor Rates
CLIN
Position
Description - Title
Number of
Duty Hours
Fully Burdened
Hourly Duty
Rate
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
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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
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
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Artesia & Servicc)
Attachment I — Contract Clauses & Labor Rat( .5
CLIN
Position
Description - Title
Number of
Duty Hours
Fully Burdened
Hourly Duty
Rate
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
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Artesia & Servicc.s
Attachment I — Contract Clauses & Labor Rat(.s
CLIN
Position
Description - Title
Number of
Duty Hours
Fully Burdened
Hourly Duty
Rate
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.
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40 of 432

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
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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
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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.
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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.
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