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DHHS - Vera contract HHSP233201500043C

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(b)(6)

(b)(6)

CONTINUATION SHEET

PAGE

REFERENCE NO. OF DOCUMENT BEING CONTINUED

HHSP233201500043C

2

OF

41

NAME OF OFFEROR OR CONTRACTOR

VERA INSTITUTE OF JUSTICE INC 356370
ITEM NO.

SUPPLIES/SERVICES

(A)

(B)

QUANTITY UNIT

(C)

(D)

UNIT PRICE

(E)

AMOUNT

(F)

Tax ID Number: 13-1941627
DUNS Number: 073299836
Questions concerning this order may be referred
to Shanelle Jackson at (301) 443-2367 or
Shanelle.Jackson@psc.hhs.gov. Please reference
the order number.
Questions regarding payment should be referred to
the payment office at (301) 443-3020.
Appr. Yr.: 2015 CAN: G99UPR5 Object Class: 25102
FOB: Destination
Period of Performance: 09/30/2015 to 09/29/2016
1

BASE CLIN 1
Obligated Amount: $858,413.00

858,413.00

2

BASE CLIN 2
Obligated Amount: $879,660.00

879,660.00

3

BASE CLIN 3
Obligated Amount: $1,088,806.00

4

OP1 CLIN 1
Amount: $884,165.00(Option Line Item)

0.00

5

OP1 CLIN 2
Amount: $906,050.00(Option Line Item)

0.00

6

OP1 CLIN 3
Amount: $1,188,234.72(Option Line Item)

0.00

7

OP2 CLIN 1
Amount: $910,690.00(Option Line Item)

0.00

8

OP2 CLIN 2
Amount: $933,231.00(Option Line Item)

0.00

9

OP2 CLIN 3
Amount: $1,299,797.94(Option Line Item)

0.00

10

OP3 CLIN 1
Amount: $938,011.00(Option Line Item)

0.00

11

OP3 CLIN 2
Amount: $961,228.00(Option Line Item)

0.00

12

OP3 CLIN 3
Continued ...

0.00

AUTHORIZED FOR LOCAL REPRODUCTION

1,088,806.00

OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110

CONTINUATION SHEET

PAGE

REFERENCE NO. OF DOCUMENT BEING CONTINUED

HHSP233201500043C

3

OF

41

NAME OF OFFEROR OR CONTRACTOR

VERA INSTITUTE OF JUSTICE INC 356370
ITEM NO.

SUPPLIES/SERVICES

(A)

(B)

QUANTITY UNIT

(C)

(D)

UNIT PRICE

(E)

AMOUNT

(F)

Amount: $1,425,083.12(Option Line Item)
13

OP4 CLIN 1
Amount: $966,151.00(Option Line Item)

0.00

14

OP4 CLIN 2
Amount: $990,065.00(Option Line Item)

0.00

15

OP4 CLIN 3
Amount: $1,565,887.34(Option Line Item)

0.00

AUTHORIZED FOR LOCAL REPRODUCTION

OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110

HHSP233201500043C_BASE
Region C
B - Consideration and Payment
B.1.

Severable Services

The services acquired under this contract are severable services. Funds are only available for use
for the line item to which they are obligated. Unused funds from one period (line item) may not
rollover for use in other periods.
B.2. CONSIDERATION AND PAYMENT SCHEDULE (FFP)
The total fixed price of this contract including the base and all options is $9,227,664. Payments
shall be made in equal monthly payments accordance with the following payment schedule:
CLIN 1: Task 4, Task 6, Task 9, Task 11
Contract Period
Base:
Option Period 1:
Option Period 2:
Option Period 3:
Option Period 4:

Fixed Price
$858,413
$884,165
$910,690
$938,011
$966,151

Monthly Payment
$71,534.42
$73,680.42
$75,890.83
$78,167.58
$80,512.58

CLIN 2: Know Your Rights Presentation (Task 1)
Contract Period
Base:
Option Period 1:
Option Period 2:
Option Period 3:
Option Period 4:

Fixed Price
$879,660
$906,050
$933,231
$961,228
$990,065

Monthly Payment
$73,305.00
$75,504.17
$77,769.25
$80,102.33
$82,505.42

*NOTE: The above fixed price is set to provide services under CLIN 2 for up 4,257 children in
Region C:

a. Base Unit Price:
Option Period 1 Unit Price:
Option Period 2 Unit Price:
Option Period 3 Unit Price:
Option Period 4 Unit Price:

$165.00
$170.00
$175.00
$180.00
$186.00

*NOTE: In the event that the maximum number of children is reached, the above pre-negotiated
rates apply. These rates will only become effective once a contract modification has been
executed.
4

HHSP233201500043C_BASE
Region C
B.3 Consideration and Payment (T&M)
The services under CLIN 3: Direct Representation (Task 2, Task 3, Task 5, Task 7, Task 8 Task
10, Task 12) are being acquired on a time-and-material basis. In consideration of satisfactory
performance of the work as described throughout this contract/order, the Contractor shall be paid
in accordance with the fixed loaded hourly rates as shown herein for the specified categories of
labor based on the number of actual hours incurred in the performance of the work specified.
Fully loaded rates shall be all inclusive of direct labor, fringe benefits, applicable indirect costs,
and any profit for each labor category. Additionally, the contractor shall be paid for materials
and travel directly chargeable to this contract/order.
The ceiling for each period of contract performance is identified in the tables below. The
Government shall not be obligated to pay any amount in excess of the ceiling price for each
period nor is the Contractor obligated to continue performance if to do so would exceed this
ceiling price. In the event that the Government chooses to exercise optional contract periods,
unused funds from a previous contract/order period may not be used to fund any services taking
place in a subsequent contract/order period. The ceiling price may be modified by the
Government if it is determined that the estimated hours are insufficient for the work required.

5

HHSP233201500043C_BASE
Region C

Base Period

Vera Institute of Justice
Labor Category (Vera Title)

Loaded Hourly Rate

Estimated Hours

Total

National Immigrant Justice
Loaded Hourly Rate

Estimated Hours

Total

(b)(4)

Labor
(b)(4)

Michigan State University College of Law Immigration Law Clinic
Labor
Loaded Hourly Rate Estimated Hours

Total

(b)(4)

Total Labor

$912,991.87

Total Material/Other Direct Cost/Travel

$175,814.80

CLIN 3 Total Ceiling Price – Base Period

$1,088,806.00

6

HHSP233201500043C_BASE
Region C
Option Period 1

Vera Institute of Justice
Labor Category (Vera Title)

Loaded Hourly Rate

Estimated Hours

Total

National Immigrant Justice
Loaded Hourly Rate

Estimated Hours

Total

(b)(4)

Labor
(b)(4)

Michigan State University College of Law Immigration Law Clinic
Labor
Loaded Hourly Rate Estimated Hours

Total

(b)(4)

Total Labor

$1,007,145.48

Total Material/Other Direct Cost/Travel

$181,089.24

CLIN 3 Total Ceiling Price –Option Period 1

$1,188,234.72

7

HHSP233201500043C_BASE
Region C
Option Period 2

Vera Institute of Justice
Labor Category (Vera Title)

Loaded Hourly Rate

Estimated Hours

Total

National Immigrant Justice
Loaded Hourly Rate

Estimated Hours

Total

(b)(4)

Labor
(b)(4)

Michigan State University College of Law Immigration Law Clinic
Labor
Loaded Hourly Rate Estimated Hours

Total

(b)(4)

Total Labor

$1,113,276.03

Total Material/Other Direct Cost/Travel

$186,521.91

CLIN 3 Total Ceiling Price – Option Period 2

$1,299,797.94

8

HHSP233201500043C_BASE
Region C
Option Period 3

Region
Labor Category (Vera Title)

Loaded Hourly Rate

Estimated Hours

Total

National Immigrant Justice
Loaded Hourly Rate

Estimated Hours

Total

(b)(4)

Labor
(b)(4)

Michigan State University College of Law Immigration Law Clinic
Labor
Loaded Hourly Rate Estimated Hours

Total

(b)(4)

Total Labor

$1,232,965.54

Total Material/Other Direct Cost/Travel

$192,117.58

CLIN 3 Total Ceiling Price – Option Period 3

$1,425,083.12

9

HHSP233201500043C_BASE
Region C
Option Period 4

Vera Institute of Justice
Labor Category (Vera Title)

Loaded Hourly Rate

Estimated Hours

Total

National Immigrant Justice Center
Loaded Hourly Rate Estimated Hours

Total

(b)(4)

Labor
(b)(4)

(b)(4)

Michigan State University College of Law Immigration Law Clinic
Labor
Loaded Hourly Rate Estimated Hours

Total

Total Labor

$1,368,006.23

Total Material/Other Direct Cost/Travel

$197,881.11

CLIN 3 Total Ceiling Price – Option Period 4

$1,565,887.34

10

HHSP233201500043C_BASE
Region C
B.4

Material (Non-labor) Indirect Rates

Pursuant to the General Provisions of this contract and FAR 52.212-4 Contract Terms and
Conditions—Commercial Items (Dec 2014); Alt. I (May 2014), the following indirect rates to be
applied against Materials are established:
The Vera Institute of Justice does not charge indirect rates on materials.

11

HHSP233201500043C_BASE
Region C
C- Description/Specifications
Title: Legal Service Providers Region C
C. 1.

Background

On March 1, 2002, the Homeland Security Act of 2002, §462, 6 U.S.C. § 279, transferred the
functions under U.S. immigration laws regarding the care and placement of unaccompanied alien
children (UC) from the former Immigration and Naturalization Service to the Director of the
Office of Refugee Resettlement (ORR). The Division of Unaccompanied Children's Services
(DUCS) was created within ORR to serve this purpose, in 2011 ORR reorganized and the UC
program was brought under the newly formed Division of Children’s Services (DCS). The UC
population includes those who: (1) have no lawful immigration status in the United States; (2)
have not attained 18 years of age; and (3) with respect to whom - (i) there is no parent or legal
guardian in the United States; or (ii) no parent or legal guardian in the United States is available
to provide care and physical custody.
On December 23, 2008, the William Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008 (TVPRA) was passed. The law modified and expanded HHS' role in the care of UC.
Relevant to this Statement of Work, section 235(c)(5) of the (TVPRA), 8 U.S.C. § 1232(c)(5)
states, “[t]he Secretary of Health and Human Services shall ensure, to the greatest extent
practicable and consistent with section 292 of the Immigration and Nationality Act (8 U.S.C.
1362), that all unaccompanied alien children who are or have been in the custody of the
Secretary [of HHS] or the Secretary of Homeland Security... have counsel to represent them in
legal proceedings… To the greatest extent practicable, the Secretary of Health and Human
Services shall make every effort to utilize the services of pro bono counsel who agree to provide
representation to such children without charge.”
ORR identifies care options and placements for UC in licensed shelters, group homes, secure
facilities, or foster care, according to their specific needs. In making placements, ORR is guided
by the principles that all UC should be treated with dignity, respect, and special concern for their
particular vulnerability, all UC must be placed in the least restrictive setting that is in the best
interest of the UC, and each UC shall be provided care and services free from discrimination
based on race, religion, national origin, sex, handicap, or political belief.
UC are particularly vulnerable, having faced traumatic situations in their home countries, such as
dire poverty, war, forced military or gang recruitment, human trafficking, domestic violence,
abuse, familial separation and government neglect. Some are also very young, most have little or
no formal education, and are primarily non-English speaking. After apprehension by the
Department of Homeland Security (DHS) and transfer to ORR, these children face a complicated
legal system.
Over 90% of UC were released to the custody of a sponsor in FY14 while awaiting their
immigration proceedings; most UC immigration cases are not resolved until after they are
released from ORR. Therefore, in addition to the legal services provided while in custody, postrelease pro-bono and direct representation are an essential part of the continuity of legal services
12

HHSP233201500043C_BASE
Region C
to be performed by the contractor. Professional legal counsel assists in educating the children of
their rights, determining if the children qualify for any immigration relief from removal back to
their home countries, and applying for identified relief. Continuity of legal representation for UC
improves efficiency in ORR facilities and in the immigration court system. It also increases the
ability of UC to obtain the relief for which they qualify.
C. 2.

Purpose

The U.S. Department of Health and Human Services (HHS), Administration for Children and
Families (ACF), Office of Refugee Resettlement (ORR) requires Contractors to implement
regional programs providing legal services to unaccompanied alien children (UC). The
Contractor will provide legal services directly to UC within region(s) in order to ensure
comprehensive and efficient delivery of legal services within the region(s). The Contractor will
be required to coordinate with ORR and with other Contractors from different regions to ensure
seamless, consistent, quality legal services across the nation. The UC legal services to be
delivered in each region will include the following activities for UC who are either in ORR
custody or formerly were in ORR custody:
•
•
•
•
•

Pro Bono legal representation to the greatest extent practicable;
Direct representation to the greatest extent practicable;
Screenings for legal relief and for human trafficking concerns;
Friends of the court services where applicable and allowed under local immigration court
rules; and
Know Your Rights (KYR) presentations.

In addition, the Contractor shall collaborate with the Executive Office For Immigration Review
(EOIR) in providing legal orientation presentations to sponsors’ of UC.
The Office of Refugee Resettlement (ORR) is acquiring legal support services for:
•

Region C: Region C covers the states within HHS Regions 5, 7, and 8. This includes Illinois,
Michigan, Indiana, Ohio, Minnesota, Wisconsin, Iowa, Missouri, Nebraska, Kansas,
Montana, Wyoming, North Dakota, South Dakota, Colorado, and Utah.

C. 3.

Statement Of Work

The Contractor shall provide direct legal representation to unaccompanied alien children. The
Contractor shall successfully recruit and train pro bono attorneys to the greatest extent possible.
The Contractor shall also facilitate the continuation of legal representation once a UC is released
to a sponsor and moves across regions.
C.4

General Requirement

The Contractor shall have locations in the following areas, within its regions, to provide services
to ORR-funded care provider facilities within a 100 mile radius for the estimated bed capacity.

13

HHSP233201500043C_BASE
Region C
Location
Chicago, IL
Grand Rapids, MI
Detroit, MI
Bay City, MI
C.5

Estimated Bed
Capacity
400
65
30
30

Maximum # of
Children
3244
527
243
243

Specific Task

TASK 1: Know Your Rights Presentation and Legal Screening
The Contractor shall:
i.
ii.

Provide legal screening and “Know Your Rights” presentation to UC in HHS custody
within 7-10 days of UC admission into ORR care.
Submit an implementation plan with policies and procedures it would take to
accomplish i above. This plan shall be submitted to the Contracting Officer’s
Representative (COR) within 30 days of award.

TASK 2: Provide courtroom assistance or preparation, where allowed, for UC in HHS custody
who are required to attend court while in HHS custody.
Task 3: Direct Representation
The Contractor shall provide direct representation to UC who:
a) Region C does not contain any immigration court jurisdictions requiring direct
representation to released UC.
b) Are without reunification options (regardless of being identified with or without legal
relief).
c) Enter immigration proceedings while in HHS custody.
d) Have been released locally from an ORR-funded facility.
The Contractor shall submit an implementation plan inclusive of the policies and procedures it
would take to accomplish a-d above. This plan shall be submitted to the COR within 30 days of
award.
TASK 4: The Contractor shall assist UC in HHS custody, care provider managers, or others with
filing paperwork with the DHS or Department of Justice (DOJ) as required by immigration court
practice and procedures.
TASK 5: Pro Bono
The Contractor shall:

14

HHSP233201500043C_BASE
Region C
a) Protocol for screening each Pro Bono Attorney to ensure that each has the appropriate
training or experience; adequate resources; and the skills to work appropriately with
children.
b) Training for Pro Bono Attorneys to enter information for the children into the
Contractor’s designed case management system.
c) Submit an implementation plan with policies and procedures it would take to accomplish
a) and b) above. This plan shall be submitted to the Contracting Officer’s Representative
(COR) within 60 days of award.
TASK 6: The Contractor shall coordinate assignment of Pro Bono Attorneys for UC in and
formerly in HHS custody, including for children transferred within ORR’s network of care.
TASK 7: The Contractor shall coordinate with UC attorneys and/or child advocates to provide
UC with legal services, including:
a) Referrals for service, including direct representation;
b) Data collection and statistics; and
c) Other assistance as approved by the COR.
TASK 8: The Contractor shall track scheduled immigration court dates and immigration judge
decisions for UC in its region. The Contractor shall-a) Track UC cases, whether active, pending or closed;
b) Track disposition of cases, and maintain statistics on those cases;
c) Identify applications for relief sought; requests for voluntary departure; or other
information by UC; and
d) Identify applications for relief sought; requests for voluntary departure; or other
information by immigration court location.
TASK 9: The Contractor shall perform on-site record keeping, maintenance and monitoring of
the case management system created or used by the Contractor. This must include, at a
minimum:
a) Children screened;
b) Types of relief individual children are found eligible for;
c) Attorneys recruited (pro bono; attorneys providing courtroom assistance to UC in care);
and
d) Children directly represented by Pro Bono Attorneys.
TASK 10: The Contractor shall conduct training on immigration law and procedures for newly
recruited attorneys, utilizing a variety of delivery methods including live instructions, video
conferencing, etc. The Plan for delivery must be submitted within 30 days of award. Plan must
be implemented within 14 days of approval by the COR.
TASK 11: Thirty (30) days upon request from the COR, the Contractor shall provide attorneys
and recruit Pro Bono representation that will provide legal services to UC at emergency
15

HHSP233201500043C_BASE
Region C
reception centers.
TASK 12: The Contractor shall submit, within 5 business days of the month to the COR, a status
report of the following:
a) Number of children screened for legal relief;
b) Number of children screened for legal relief, after release from HHS custody;
c) Number of children provided legal assistance in immigration court while in HHS
custody;
d) Length of time to secure legal representation (Pro Bono, or direct representation) for
children in HHS custody and upon release from HHS custody;
e) Number of children receiving legal representation;
f) Relief identified for children screened;
g) Applications for relief, voluntary departure or other immigration court actions taken;
h) Running cost of representation on a per capita and per case basis;
i) Number of cases, including averages and other metrics, for attorneys representing
children in HHS custody and out of HHS custody; and
j) Qualitative analysis related to the effectiveness of the legal services access within their
region. This may include any information gathered from site visits, legal screenings of
UC and technical assistance.
C.6

Quality Assurance Surveillance Plan (QASP)

The Government intends to utilize a Quality Assurance Surveillance Plan (QASP) to monitor the
quality of the Contractor’s performance. The oversight provided for in the contract and in the
QASP will help to ensure that service levels reach and maintain the required levels throughout
the contract term. Further, the QASP provides the COR with a proactive way to avoid
unacceptable or deficient performance, and provides verifiable input for the required Past
Performance Information Assessments. The QASP is a living document and may be updated by
the Government as necessary.

16

HHSP233201500043C_BASE
Region C
Required
Tasks

Task Standard

Method of
Surveillance

Standard to be
Met

Legal
Screening &
Know Your
Rights

The Contractor
shall create a
plan regarding
implementation
of legal
screenings,
Know your
Rights
Presentations
and court room
assistance to
UC within 30
days of award
and adhere to
this
implementation
plan throughout
the contract
period.
The Contractor
shall provide
legal screenings
and Know
your Rights
Presentations

COR
verification
through review
of monthly
report, random
observation and
customer
complaint.

100%
compliance to
SOW

COR
verification
through review
of monthly
report, random
observation and
customer
complaint.
COR
verification
through review
of monthly
report, random
observation and
customer
complaint.
COR
verification
through review
of monthly
report, random
observation and
customer

90%
compliance to
SOW

Legal
Screening &
Know Your
Rights
Presentations

Courtroom
assistance

The Contractor
shall provide
courtroom
assistance to
UC in ORR
care

Direct
Representation

The Contractor
shall create a
plan regarding
implementation
of direct
representation
to UC within

Incentive
(Positive and/or
Negative)
Approval of plan
allows for
implementation.
No invoice for
services without
an approved plan.

20% reduction of
fixed price.

90%
compliance to
SOW

Payment will only
be authorized for
Time & Material
of courtroom
assistance
provided.

100%
compliance to
SOW

Approval of plan
allows for
implementation.
No invoice for
services without
an approved plan.
17

HHSP233201500043C_BASE
Region C

Direct
Representation

Outreach

30 days of
award and
adhere to this
implementation
plan throughout
the contract
period.
The Contractor
shall provide
direct
representation
to UC Released
from ORR care
and UC in
long-term foster
placement
The Contractor
shall create a
plan regarding
implementation
of outreach
conducted to
legal
communities to
screen and train
potential Pro
Bono Attorneys
within 60 days
of award and
adhere to this
implementation
plan throughout
the contract
period.

complaint.

COR
verification
through review
of monthly
report, random
observation and
customer
complaint.

90%
compliance to
SOW

Payment will only
be authorized for
Time & Material
of direct
representation
provided.

COR
verification
through review
of monthly
report, random
observation and
customer
complaint.

100%
compliance to
SOW

Approval of plan
allows for
implementation.
No invoice for
services without
an approved plan.

18

HHSP233201500043C_BASE
Region C
Training

Staffing

Reporting

The Contractor
create a plan
regarding
conducting
training on
immigration
law and
procedures for
newly recruited
attorneys timely
The Contractor
shall have the
ability to hire
attorneys and
recruit Pro
Bono
representation
to provide legal
services to UC
at emergency
facilities within
30 days of
initial COR
approval.
The Contractor
shall provide a
status report as
per the
Statement of
Work to the
COR by the 5th
business day of
the month.

COR
verification
through review
of monthly
report, random
observation and
customer
complaint.

100%
compliance to
SOW

Approval of plan
allows for
implementation.

COR
verification
through review
of monthly
report, random
observation and
customer
complaint.

90%
compliance to
SOW

Up to 5%
reduction in
payment if
representation is
not provided
within 30 days.

COR
verification
through review
of monthly
report.

95%
compliance to
SOW

Status report will
be used to
approve invoice.

No invoice for
services without
an approved plan.

19

HHSP233201500043C_BASE
Region C
D - Packaging and Marking
D.1 Payment Of Postage And Fees
All postage and fees related to submitting information including forms, reports, etc. to the
Contracting Officer or Contracting Officer’s Representative shall be paid by the Contractor.
D.2 Marking
Packages shall be clearly marked in accordance with normal commercial practices to ensure safe
delivery at destination. In addition, all packages shall be marked as follows:
1. Name of Contractor:
2. Contract Number:
3. Task Order Number:
4. Description of items contained therein; “TDB”
5. Consignee's name and address.

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HHSP233201500043C_BASE
Region C
E - Inspection and Acceptance
E.1.

Inspection And Acceptance

Pursuant to 52.212-4, all work described in the SOW/PWS/SOO to be delivered under this
contract is subject to final inspection and acceptance by an authorized representative of the
Government. The authorized representative of the Government is the Government's COR, who
is responsible for inspection and acceptance of all services, materials, or supplies to be
provided by the Contractor
E.2 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):
HHSAR – www.hhs.gov/policies/hhsar/; FAR – www.acquisition.gov
a.

Federal Acquisition Regulation (FAR) (48 CFR Chapter 1) Contract Clauses

FAR Clause No.

Title and Date

52.212-4

Contract Terms and Conditions – Commercial Items (May 2015)
(Fixed Price)

52.212-4

Contract Terms and Conditions – Commercial Items ALT I (May 2014)
(Time-And-Material)

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HHSP233201500043C_BASE
Region C
F - Deliveries or Performance

F.1 Period Of Performance
The government anticipates the period of performance will be for a base period of 12-months,
with four 12-month option periods, as follows:
Base Period:
Option Period One:
Option Period Two:
Option Period Three:
Option Period Four:

September 30, 2015 through September 29, 2016
September 30, 2016 through September 29, 2017
September 30, 2017 through September 29, 2018
September 30, 2018 through September 29, 2019
September 30, 2019 through September 29, 2020

Option periods may be exercised in accordance with FAR Clause 52.217-9, Option to Extend the
Term of the Contract (MAR 2000).
F.2

Report(S)/Deliverables And Delivery Schedule

The contractor shall submit all required report(s)/deliverables in accordance with the following
schedule: All reports shall reference and cite the contract/order number.
Report
The Contractor shall create a plan
regarding implementation of legal
screenings, Know your Rights
Presentations and court room assistance to
UC.
The Contractor shall provide legal
screenings and Know your Rights
Presentations.
The Contractor shall create a plan
regarding implementation of direct
representation to UC.

Quantity
One time

Monthly
Report
One time

The Contractor shall provide direct Monthly
representation to UC Released from ORR Report
care and UC in long-term foster placement
The Contractor shall provide courtroom Monthly report
assistance to UC in ORR care.
The Contractor shall create a plan
regarding implementation of outreach
conducted to legal communities to screen
and train potential Pro Bono Attorneys.
The Contractor shall provide outreach to
legal communities to screen and train
potential Pro Bono Attorneys.

One time

Monthly
Report

Due Date
Within 30
days of award

Format
PDF document,
no longer than
20 pages in
length

Within first 5
business days
monthly
Within 30
days of award

PDF Report

Within first 5
business days
monthly
Within first 5
business days
monthly
Within 60
days of award

Within first 5
business days
monthly

PDF document,
no longer than
20 pages in
length
PDF Report

PDF report

PDF document,
no longer than
20 pages in
length
PDF report

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The Contractor shall create a plan
regarding conducting training on
immigration law and procedures for newly
recruited attorneys.
The Contractor shall conduct training on
immigration law and procedures for newly
recruited attorneys.
The Contractor shall have the ability to hire
attorneys and recruit Pro Bono
representation to provide legal services to
UC at emergency facilities.
The Contractor shall provide a status report
as per the Statement of Work to the COR
by the 5th business day of the month.

One time

Monthly
Report
One time

Monthly
Report

Within 14
days of
implementatio
n
Within first 5
business days
monthly
Within 30
days of initial
COR approval

PDF document,
no longer than
20 pages in
length
PDF report

Within first 4
business days
monthly

PDF report

Email

F.3 Place Of Performance
The place of performance will be in HHS Regions C.
•

Region C: Region C covers the states within HHS Regions 5, 7, and 8. This includes Illinois,
Michigan, Indiana, Ohio, Minnesota, Wisconsin, Iowa, Missouri, Nebraska, Kansas,
Montana, Wyoming, North Dakota, South Dakota, Colorado, and Utah.

The geographical area covered by each ACF Region can be found at:
http://www.acf.hhs.gov/programs/oro
F.4

Observance Of Federal Holidays

Deliverables due on a Saturday, Sunday, or the following Federal holidays shall be due on the
Following business day.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

New Year’s Day
Martin Luther King’s Birthday
President’s Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran’s Day
Thanksgiving Day
Christmas Day

1 January
3rd Monday in January
3rd Monday in February
Last Monday in May
4 July
1st Monday in September
2nd Monday in October
11 November
4th Thursday in November
25 December

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G - Contract Administration Data
G.1

Invoice Submission - Commercial

The Contractor shall submit invoices once per month for each CLIN. A complete invoice with
all required back-up documentation shall be sent electronically, via email, to:
1. Contract Specialist via DAM mailbox: pscsas.invoices@psc.hhs.gov.
2. Contracting Officer's Representative (COR): jallyn.sualog@acf.hhs.gov
3. Financial Management Service (FMS): psc_invoices@psc.hhs.gov.
* No other non-invoice related documents (i.e. deliverables, reports, balance statements) shall be
sent to the DAM and FMS mailboxes. Invoices Only.
The subject line of your email invoice submission shall contain the contract number, contract
line item number, the order number, if applicable, and the number of invoices. The Contractor
shall send one email per contract per month. The email may have multiple invoices for the
contract. Invoices must be in the following formats: PDF, TIFF, or Word. No Excel formats
will be accepted. The electronic file cannot contain multiple invoices; example, 10 invoices
requires 10 separate files (PDF or TIFF or Word).
Invoices shall be submitted in accordance with the contract terms, i.e. payment schedule,
progress payments, partial payments, deliverables, etc.
All calls concerning contract payment shall be directed to the COTR.
In accordance with FAR 52.212-4, Contract Terms and Conditions - Commercial Items, a proper
invoice must include the following items:
FAR 52.212-4(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if
authorized) to the address designated in the contract to receive invoices. An invoice must
include:
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, contract line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items
delivered;
(v) Shipping number and date of shipment, including the bill of lading number and
weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the
invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
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HHSP233201500043C_BASE
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(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, Central
Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer,
Other Than Central Contractor Registration), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the
requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and
Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.
Additionally, the FMS requires the contractor to include its Dunn and Bradstreet Number
(DUNS) on each invoice.
In accordance with OMB Memorandum, M-11-32, Agencies shall make payments to small
businesses as soon as practicable, with the goal of making payments within 15 days of receipt of
a proper invoice. If a small business contractor is not paid within this (15 day) accelerated
period, the contractor will not be given a late-payment interest penalty. Interest penalties, as
prescribed by the Prompt Payment Act, remain unchanged by means of this memorandum. All
small businesses shall label all invoices as "Small Business."
Additionally, in accordance with OMB Memorandum, M-12-16, all prime contractors are
encouraged to disburse funds received from the Federal Government to their small business
subcontractors in a prompt manner. To assist prime contractors in expediting contractor
payments to small business subcontractors, Agencies shall, to the full extent permitted by law,
temporarily establish an earlier, accelerated date for making agency payments to all prime
contractors. Consistent with OMB Memorandum M-11-32 above, Agencies shall have a goal of
paying all prime contractors within 15 days of receiving proper documentation. In an effort to
support small business growth, drive economic activity and job creation, the Contractor is
encouraged to accelerate payments to their small business subcontractors.
In accordance with the requirements of the Debt Collection Improvement Act of 1996, all
payments under this order will be made by electronic funds transfer (EFT). The Contractor shall
provide financial institution information to the Finance Office designated above in accordance
with FAR 52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration.
G.2

Travel And Other Costs – Only Applicable to Time & Material

The Contractor shall be reimbursed for all domestic travel as described below, incurred directly
and specifically in the performance of this contract, claimed by the Contractor, accepted by the
Contracting Officer and not exceeding:
a)

Cost of air travel by most direct route. “Air coach” or “Air tourist”
accommodations on prop or jet aircraft constitutes the normal class of air travel
25

HHSP233201500043C_BASE
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which shall be utilized.
First-class accommodations may be used if (1) less than first-class is not available
providing reservation was requested within 24 hours after the traveler had
knowledge of the trip; (2) less than first-class requires circuitous routing; (3) less
than first-class requires travel to begin or end at unreasonable hours (i.e., if
scheduled flight time is before 8:00 a.m. and schedule arrival is after 9:00 p.m.);
(4) less than first-class would result in additional direct costs which would offset
the transportation savings; or (5) less than first-class will not make connections
with other flights or means of transportation for continuation of the journey.

G.3

b)

Cost of rail travel by most direct route, first-class with lower berth or nearest
equivalent.

c)

Travel by motor vehicle including rented automobile shall be reimbursed on a
reasonable actual expense basis, or at the Contractor’s option, on a mileage basis
at the current rate shown in the GSA Federal Travel Regulation, plus any toll or
ferry charges.

d)

Reasonable subsistence not in excess of actual itemized expenses not to exceed
the ceiling in the Federal Travel Regulations in effect at the time of incurred cost.

Contract Administration

G.3.1 Authorities Of Government Personnel
Notwithstanding the Contractor's responsibility for total management during the performance
of this contract, the administration of this contract will require maximum coordination between
the Government and the Contractor. The following individuals will be the Government's points
of contact during the performance of this contract:
G.3.1.1 Contracting Officer
All contract administration shall be performed by Ms. Rosanna Browning, Contracting Officer,
Acquisition Management Services, 12501 Ardennes Avenue, Suite 400, Rockville, MD 20857,
(301) 443-6931, Rosanna.Browning@psc.hhs.gov. All communication pertaining to contractual
and/or administrative matters under the contract should be addressed to Ms. Browning. The
Contracting Officer is the only individual authorized to modify the contract.
G.3.1.2 Contract Specialist
The Contract Specialist is Shanelle Jackson, Acquisition Management Services, PSC/SAS,
12501 Ardennes Avenue, Suite 400, Rockville, Maryland, 20857. Ms. Jackson can be reached
by email at Shanelle.Jackson@psc.hhs.gov or by email at 301-443-2367.

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G.3.1.3 Contracting Officer’s Representative (COR) Authority
(a) Performance of work under this contract must be subject to the technical direction of the
Contracting Officer’s Representative, or a representative designated in writing. The term
“technical direction” includes, without limitation, direction to the contractor that directs or
redirects the labor effort, shifts the work between work areas or locations, fills in details and
otherwise serves to ensure that tasks outlined in the work statement are accomplished
satisfactorily.
(b) Technical direction must be within the scope of the specification(s)/work statement.
The Contracting Officer’s Representative does not have authority to issue technical direction
that:
(1) Constitutes a change of assignment or additional work outside the specification(s)/statement
of work;
(2) Constitutes a change as defined in the clause entitled “Changes”;
(3) In any manner causes an increase or decrease in the contract price, or the time required for
contract performance;
(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;
(5) Interferes with the contractor's right to perform under the terms and conditions of the
contract; or
(6) Directs, supervises or otherwise controls the actions of the contractor's employees.
(c) Technical direction may be oral or in writing. The Contracting Officer’s Representative shall
confirm oral direction in writing within five work days, with a copy to the Contracting Officer.
(d) The contractor shall proceed promptly with performance resulting from the technical
direction issued by the Contracting Officer’s Representative. If, in the opinion of the contractor,
any direction of the Contracting Officer’s Representative, or his/her designee, falls within the
limitations in (b), above, the contractor shall immediately notify the Contracting Officer no later
than the beginning of the next Government work day.
(e) Failure of the contractor and the Contracting Officer to agree that technical direction is within
the scope of the contract shall be subject to the terms of the clause entitled “Disputes.”
G.4 Contractor Performance Assessment Report
During the life of this contract, Contractor performance will be evaluated on an interim and final
basis pursuant to FAR Subpart 42.15. The Contractor Performance Assessment Reporting
System (CPARS) will be utilized for these reviews. Information on CPARS can be located at
http://www.cpars.gov.
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G.5 ESRS Reporting
The Contractor shall report all subcontract awards to small, small disadvantaged, women-owned,
HUBZones, veteran-owned and service-disabled veteran-owned small business concerns. The
reports shall be prepared using the electronic Subcontracting Reporting System (ESRS) via the
internet at http://www.esrs.gov. The Individual Subcontracting Report (ISR), formerly SF 294,
shall be submitted semi-annually for the periods of October 1 through March 31 and April 1
through September 30. The Summary Subcontracting Report (SSR), formerly, SF 295 shall be
submitted annually for the period of October 1 through September 30.
G.6 HHSAR 352.242-70 Key Personnel (JAN 2006)
The key personnel specified in this contract are considered to be essential to work performance.
At least 30 days prior to diverting any of the specified individuals to other programs or contracts
(or as soon as possible, if an individual must be replaced, for example, as a result of leaving the
employ of the Contractor), the Contractor shall notify the Contracting Officer and shall submit
comprehensive justification for the diversion or replacement request (including proposed
substitutions for key personnel) to permit evaluation by the Government of the impact on
performance under this contract. The Contractor shall not divert or otherwise replace any key
personnel without the written consent of the Contracting Officer. The Government may modify
the contract to add or delete key personnel at the request of the contractor or Government.
Name

Title

(b)(6)

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H - Special Contract Requirements

H.1

Post Award Organizational Conflict Of Interest

a. General: The Contractor shall have programs in place to identify, report, and mitigate actual and
potential conflicts of interest for itself, its employees, subcontractors and consultants. The existence
of such programs and the disclosure of known actual or potential conflicts are material performance
requirements of this contract.
b. Disclosure: The Contractor shall report all actual and potential conflicts of interest pertaining to this
contract to the Contracting Officer, including those that would be caused by a contemplated
modification to this contact or another contract. Such reports shall be in writing (including by email).
Upon request, the Contractor shall respond to a Contracting Officer’s request for an OCI mitigation
plan.

c. Resolution: In the event the Contracting Officer determines that a conflict of interest exists,
based on disclosure from the Contractor or from other sources, the Contracting Officer shall
take action which may include, but is not limited to, requesting a mitigation plan from the
Contractor, terminating part or all of the contract, modifying the contract or obtaining a
waiver in accordance with applicable law, including FAR 9.503 as applicable.
H.2

Printing And Duplicating/Copying

The terms “printing” and “duplicating/copying” are defined in the Government Printing and
Binding Regulations of the Joint Committee on Printing, CFR Title 44. The regulations can be
accessed at HYPERLINK "http://www.gpo.gov/pdfs/customers/sfas/jcpregs.pdf"
http://www.gpo.gov/pdfs/customers/sfas/jcpregs.pdf.
Printing:
No printing by the Contractor or any subcontractor is authorized under this contract. All printing
required hereunder must be performed by the Government Printing Office, in accordance with
CFR Title 44; Public Law 102-392, as amended by H.R. 4454; and The Legislative Branch
Appropriations Act 2995. The Contractor shall complete Form HHS 26 and submit it along with
all camera-ready copies to the Contracting Officer’s Representative (COR).
Duplicating/Copying:
If necessary for performance of the contract, the Contractor may duplicate or copy less than
5,000 production units of only one page, or less than 25,000 production units in aggregate of
multiple pages for the use of a department or agency. A production unit is defined as one sheet,
size 8.5 x 11 inches, one side only, and one color. The pages may not exceed a maximum image
size of 10-3/4 by 14-1/4 inches. This page limit is per requirement and not per contract.
All printing, as well as duplicating/copying in excess of the stated limits, shall be obtained by the
COR through the Publishing Services, Program Support Center. The cost of any unauthorized
printing or duplicating /copying under this contract will be considered an unallowable cost for
which the Contractor will not be reimbursed.
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H.3 Management of Sensitive Information
The Contractor must have a plan for the protection of any paper records, field notes, or other
documents that contain sensitive or personally identifiable information. The Contractor shall
ensure that all of its employees, subcontractors (at all tiers), and employees of each
subcontractor, who perform work under this contract/subcontract, are trained on data privacy
issues and comply with the requirements. In addition, the Contractor must notify – within one
hour – the COR and key ORR persons of any suspected or confirmed instance of compromised
data security.
The Contractor shall submit a written plan and assurance for complying with the above
requirements at least annually. See Personally Identifiable Information (PII) Breach Response
Team (BRT) Policy: http://www.hhs.gov/ocio/policy/20080001.003.html.
H.4 SUBCONTRACTING PROVISIONS
a. Small Business Subcontracting Plan
1. The Small Business Subcontracting Plan, dated July 15, 2015 is attached hereto and made a
part of this contract.
2. The failure of any Contractor or subcontractor to comply in good faith with FAR
Clause 52.219-8, entitled "Utilization of Small Business Concerns" incorporated in this contract
and the attached Subcontracting Plan, will be a material breach of such contract or subcontract
and subject to the remedies reserved to the Government under FAR Clause 52.219-16 entitled,
"Liquidated Damages-Subcontracting Plan."
b. Subcontracting Reports
The Contractor shall submit the following Subcontracting reports electronically via the
"electronic Subcontracting Reporting System (eSRS) at http://www.esrs.gov.
Legal Service Providers
HHSP233201500043C for Vera Institute of Justice
1. Individual Subcontract Reports (ISR)
Regardless of the effective date of this contract, the Report shall be due on the following dates
for the entire life of this contract:
April 30th
October 30th
Expiration Date of Contract

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2. Summary Subcontract Report (SSR)
Regardless of the effective date of this contract, the Summary Subcontract Report shall be
submitted annually on the following date for the entire life of this contract:
October 30th
For both the Individual and Summary Subcontract Reports, the Contracting Officer shall be
included as a contact for notification purposes at the following e-mail address:
rosanna.browning@psc.hhs.gov.
H.5 DEPARTMENT OF LABOR WAGE DETERMINATION
1. The Department of Labor Wage Determination listed below is incorporated into the contract
effective at the date of contract award and can be accessed electronically at
http://www.wdol.gov/index.html.
(Attachment J.2)
2. The Contractor is put on notice that after performance begins, the Contractor is responsible for
paying employees at least the applicable wage determination rate, if one exists, for the place of
performance. The Department of Labor strictly enforces the Service Contract Act (SCA) for all
service employees covered by the SCA.

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I - Contract Clauses
I.1
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):
HHSAR – www.hhs.gov/policies/hhsar/; FAR – www.acquisition.gov
a.

Federal Acquisition Regulation (FAR) (48 CFR Chapter 1) Contract Clauses

FAR Clause No.

Title and Date

52.204-9

Personal Identity Verification Of Contractor Personnel (JAN 2011)

52.212-4

Contract Terms and Conditions—Commercial Items (MAY 2015)
– Only Applicable to Fixed Price

52.212-4

Contract Terms and Conditions—Commercial Items (MAY 2015);
Alternate I (MAY 2014) – Only Applicable to Time & Material

52.242-15

Stop-Work Order (AUG 1989) – ALT I (APR 1984)

52.227-17

Rights In Data-Special Works (DEC 2007)

52.222-42

Statement of Equivalent Rates for Federal Hires (MAY 2014)

b.

Department of Health and Human Services Acquisition Regulation (HHSAR) (48 CFR
Chapter 3) Contract Clauses

HHSAR Clause No.

Title and Date

352.202-1

Definitions. (JAN 2006)

352.222-70

Contractor cooperation in equal employment opportunity
investigations (JAN 2010)

352.231-71

Pricing of Adjustments (JAN 2001) –
Only Applicable to Fixed Price

352.237-70

Pro-Children Act (JAN 2006)

352.237-71

Crime Control Act – Reporting Of Child Abuse (JAN 2006)

352.237-72

Crime Control Act – Requirement For Background Checks (JAN
2006)

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352.239-70

Standard For Security Configurations (JAN 2010)

352.239-71

Standard For Encryption Language (JAN 2010)

352.242-71

Tobacco-free facilities. (JAN 2006)

352.242-73

Withholding of Contract Payments (JAN 2006) –
Only Applicable to Time & Materials

I.2
FAR 52.217-8 Option to Extend Services (Nov 1999)
The Government may require continued performance of any services within the limits and at the
rates specified in the contract. These rates may be adjusted only as a result of revisions to
prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised
more than once, but the total extension of performance hereunder shall not exceed 6 months. The
Contracting Officer may exercise the option by written notice to the Contractor within 2 weeks
of contract expiration.
I.3
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
prior to contract expiration; provided that the Government gives the Contractor a preliminary
written notice of its intent to extend at least 30 days before the contract expires. The preliminary
notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include
this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause,
shall not exceed 5 years.
I.4

52.203-99, Prohibition on Contracting with Entities that Require Certain Internal
Confidentiality Agreements (FEB 2015) (DEVIATION 2015-02)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste,
or abuse to sign or comply with internal confidentiality agreements or statements prohibiting
or otherwise restricting such employees or subcontractors from lawfully reporting such
waste, fraud, or abuse to a designated investigative or law enforcement representative of a
Federal department or agency authorized to receive such information.
(b) The contractor shall notify employees that the prohibitions and restrictions of any internal
confidentiality agreements covered by this clause are no longer in effect.
(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable
to Standard Form 312, Form 4414, or any other form issued by a Federal department or
agency governing the nondisclosure of classified information.
(d) (1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further
Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds
appropriated (or otherwise made available) under that or any other Act may be prohibited, if
the Government determines that the Contractor is not in compliance with the provisions of
this clause.
(2) The Government may seek any available remedies in the event the contractor fails to comply
33

HHSP233201500043C_BASE
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with the provisions of this clause.
I.5

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors
(Dec 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make
accelerated payments to its small business subcontractors under this contract, to the maximum
extent practicable and prior to when such payment is otherwise required under the applicable
contract or subcontract, after receipt of a proper invoice and all other required documentation
from the small business subcontractor.
(b) The acceleration of payments under this clause does not provide any new rights under the
Prompt Payment Act.
(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with
small business concerns, including subcontracts with small business concerns for the acquisition
of commercial items.
I.6

HHSAR 352.203-70 Anti-lobbying (March 2012)

Pursuant to the current HHS annual appropriations act, Public Law 112-76, except for normal
and recognized executive-legislative relationships, the Contractor shall not use any HHS contract
funds for:
(a) Publicity or propaganda purposes;
(b) The preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic
communication, radio, television or video presentation designed to support or defeat the
enactment of legislation before the Congress or any State or local legislature or legislative body,
except in presentation to the Congress or any State or local legislature itself; or designed to
support of defeat any proposed or pending regulation, administrative action, or order issued by
the executive branch of any State or local government, except in presentation to the executive
branch of any State or local government itself; or
(c) Payment of salary or expenses of the Contractor, or any agent acting for the Contractor,
related to any activity designed to influence the enactment of legislation, appropriations
regulation, administrative action, or Executive order proposed or pending before the Congress or
any State government, State legislature or local legislature or legislative body, other than for
normal and recognized executive-legislative relationships or participation by an agency or officer
of a State, local or tribal government is policymaking and administrative processes within the
executive branch of that government.
The prohibitions in subsections (a), (b), and (c) above shall include any activity to advocate or
promote any proposed, pending, or future Federal, State or local tax increase, or any proposed,
pending, or future requirement for, or restriction on, any legal consumer product, including its
sale or marketing, including, but not limited to, the advocacy or promotion of gun control.
I.7
HHSAR 352.231-70 Salary Rate Limitation (AUG 2012) – Only applicable to Time
and Materials
(a) Pursuant to the current and applicable prior HHS appropriations acts, the Contractor shall not
use contract funds to pay the direct salary of an individual at a rate in excess of the Federal
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HHSP233201500043C_BASE
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Executive Schedule Level in effect on the date the funding was obligated (the effective date of
the contract action). Funding obligated on or after December 23, 2011 cannot be used to pay the
direct salary of an individual at a rate in excess of Federal Executive Schedule Level II.
(b) For purposes of the salary rate limitation, the terms “direct salary,'' “salary”, and
“institutional base salary'', have the same meaning and are collectively referred to as “direct
salary'', in this clause. An individual's direct salary is the annual compensation that the
Contractor pays for an individual's direct effort (costs) under the contract. Direct salary excludes
any income that an individual may be permitted to earn outside of duties to the Contractor.
Direct salary also excludes fringe benefits, overhead, and general and administrative expenses
(also referred to as indirect costs or facilities and administrative [F&A] costs).
Note: The salary rate limitation does not restrict the salary that an organization may pay an
individual working under an HHS contract or order; it merely limits the portion of that salary that
may be paid with contract funds.
(c) The salary rate limitation also applies to individuals under subcontracts. If this is a multipleyear contract or order, it may be subject to unilateral modification by the Contracting Officer to
ensure that an individual is not paid at a rate that exceeds the salary rate limitation provision
established in the HHS appropriations act in effect when the expense is incurred regardless of the
rate initially used to establish contract or order funding.
(d) See the salaries and wages pay tables on the U.S. Office of Personnel Management Web
site for Federal Executive Schedule salary levels that apply to the current and prior periods.
I.8 HHSAR 352.237-73 Non-Discrimination In Service Delivery (MAR 2012)
It is the policy of the Department of Health and Human Services that no person otherwise
eligible will be excluded from participation in, denied the benefits of, or subjected to
discrimination in the administration of HHS programs and services based on non-merit factors
such as race, color, national origin, religion, sex, gender identify, sexual orientation, or disability
(physical or mental). By acceptance of this contract, the contractor agrees to comply with this
policy in supporting the program and in performing the services called for under this contract.
The contractor shall include this clause in all sub-contracts awarded under this contract for
supporting or performing the specified program and services. Accordingly, the contractor shall
ensure that each of its employees, and any sub-contractor staff, is made aware of, understands,
and complies with this policy.
I.9 FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or
Executive Orders-Commercial Items (May 2015)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR)
clauses, which are incorporated in this contract by reference, to implement provisions of law or
Executive orders applicable to acquisitions of commercial items:
(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)
(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and
108-78 (19 U.S.C. 3805 note)).

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(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting
Officer has indicated as being incorporated in this contract by reference to implement provisions
of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with
Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C.
3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment
Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the
American Recovery and Reinvestment Act of 2009.)
_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul
2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).
__ (5) [Reserved].
_X_ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117,
section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts
(Jan 2014) (Pub. L. 111-117, section 743 of Div. C).
_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors
Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).
_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters
(Jul 2013) (41 U.S.C. 2313).
__ (10) [Reserved].
__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15
U.S.C. 657a).
__ (ii) Alternate I (Nov 2011) of 52.219-3.
__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business
Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)
(15 U.S.C. 657a).
__ (ii) Alternate I (Jan 2011) of 52.219-4.
__ (13) [Reserved]
__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).
__ (ii) Alternate I (Nov 2011).
__ (iii) Alternate II (Nov 2011).
__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
__ (ii) Alternate I (Oct 1995) of 52.219-7.
__ (iii) Alternate II (Mar 2004) of 52.219-7.
_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and
(3)).
_X_ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Oct 2001) of 52.219-9.
_X_ (iii) Alternate II (Oct 2001) of 52.219-9.
__ (iv) Alternate III (Oct 2014) of 52.219-9.
__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).
__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

36

HHSP233201500043C_BASE
Region C
_X_ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C.
637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov
2011) (15 U.S.C. 657 f).
_X_ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C.
632(a)(2)).
__ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small
Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).
__ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns
Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).
_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
_X_ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O.
13126).
_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
_X_ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).
_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.
793).
_X_ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).
_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act
(Dec 2010) (E.O. 13496).
_X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and
E.O. 13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
_X_ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989).
(Not applicable to the acquisition of commercially available off-the-shelf items or certain other
types of commercial items as prescribed in 22.1803.)
__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated
Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of
commercially available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the
acquisition of commercially available off-the-shelf items.)
__ (36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s
13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-13.
__ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423
and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-14.
__ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.
8259b).
__ (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Jun
2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-16.
_X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving
(Aug 2011) (E.O. 13513).
_X_ (41) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).
37

HHSP233201500043C_BASE
Region C
__ (42)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41
U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.
4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I (May 2014) of 52.225-3.
__ (iii) Alternate II (May 2014) of 52.225-3.
__ (iv) Alternate III (May 2014) of 52.225-3.
__ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_ (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s,
proclamations, and statutes administered by the Office of Foreign Assets Control of the
Department of the Treasury).
__ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States
(Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year
2008; 10 U.S.C. 2302 Note).
__ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.
5150).
__ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov
2007) (42 U.S.C. 5150).
__ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41
U.S.C. 4505, 10 U.S.C. 2307(f)).
__ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10
U.S.C. 2307(f)).
_X_ (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul
2013) (31 U.S.C. 3332).
__ (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award
Management (Jul 2013) (31 U.S.C. 3332).
__ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
_X_ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)
(46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to
commercial services, that the Contracting Officer has indicated as being incorporated in this
contract by reference to implement provisions of law or Executive orders applicable to
acquisitions of commercial items:
[Contracting Officer check as appropriate.]
_X_ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).
_X_ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
_X_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206
and 41 U.S.C. chapter 67).
_X_ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price
Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C.
chapter 67).
__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price
Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

38

HHSP233201500043C_BASE
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__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May
2014) (41 U.S.C. chapter 67).
__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to
Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
_X_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(E.O. 13658).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42
U.S.C. 1792).
__ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the
provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in
excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit
and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the
Comptroller General, shall have access to and right to examine any of the Contractor’s directly
pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records,
materials, and other evidence for examination, audit, or reproduction, until 3 years after final
payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor
Records Retention, of the other clauses of this contract. If this contract is completely or partially
terminated, the records relating to the work terminated shall be made available for 3 years after
any resulting final termination settlement. Records relating to appeals under the disputes clause
or to litigation or the settlement of claims arising under or relating to this contract shall be made
available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and
practices, and other data, regardless of type and regardless of form. This does not require the
Contractor to create or maintain any record that the Contractor does not maintain in the ordinary
course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this
clause, the Contractor is not required to flow down any FAR clause, other than those in this
paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the
extent of the flow down shall be as required by the clause(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)),
in all subcontracts that offer further subcontracting opportunities. If the subcontract (except
subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any
public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer
subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down
required in accordance with paragraph (l) of FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)
(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212)

39

HHSP233201500043C_BASE
Region C
(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec
2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause
52.222-40.
(x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
(xi)
__(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O
13627).
__(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).
(xii) 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).
(xiii) 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).
(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).
(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order
13658).
(xvi) 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).
(xvii) 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.
(xviii) 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.

40

HHSP233201500043C_BASE
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J - List of Documents, Exhibits and Other Attachments

J.1

Subcontracting Plan

J.2

Wage Determination

41

 

 

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