MODIFICATION
R -- Worker's Compensation Insurance as required by the Defense Base Act (DBA), Ammendment 1
- Notice Date
- 8/8/2003
- Notice Type
- Modification
- Contracting Office
- Defense Contracting Command-Washington(DCC-W), ATTN: Policy and Compliance, 5200 Army Pentagon, Room 1D245, Washington, DC 20310-5200
- ZIP Code
- 20310-5200
- Solicitation Number
- DASW01-03-T-0106
- Response Due
- 9/2/2003
- Archive Date
- 11/1/2003
- Point of Contact
- Maria Hayes, 703-695-8651
- E-Mail Address
-
Email your questions to Defense Contracting Command-Washington(DCC-W)
(maria.hayes@hqda.army.mil)
- Small Business Set-Aside
- N/A
- Description
- NA Ammendment 1- CLAUSES INCORPORATED BY REFERENCE 52.212-1, Instructions to Offerors--Commercial Items, OCT 2000 - 52.212-3, Offeror Representations and Certification--Commercial Items, JUL 2002 - 52.212-4, Contract Terms and Conditions--Commercial Items, FEB 2002 - 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items, APR 2003 - 52.228-4, Workers' Compensation and War-Hazard Insurance Overseas, APR 1984 - 252.204-7004, Required Central Contractor Registration, NOV 2001 - 252.212-7001, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items, JUN 2003 CLAUSES INCORPORATED BY FULL TEXT 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Factor 1, Corporate Capability and Experience, is the most important and is significantly more than Factor 2 and 3; Factors 2 and 3, Price and Past Performance, are least important and are of equal importance and weight with respect to each other: (i) Corporate Capability and Experience (1) The offeror is a licensed insurance company, incorporated or legally organized in any of the fifty States or the District of Columbia, having its principal place of business in one or more of them. The offeror is rated as at least 'B+, Very Good' in A . M. Best's Insurance Report - (or an equivalent rating with a comparable insurance reporting company). (2) The offeror is on the United States Department of Labor list of insurance carriers approved to provide Defense Base Act insurance. The offeror is actively engaged in providing DBA or similar international worker's compensation coverage or equivalent during the 2-year period immediately preceding the award. (3) Demonstrated ability to simultaneously manage the large number of insurance coverage requests anticipated under the resulting contract, with a wide area of labor types and work environments. (4) Offerors demonstrated experience in providing DBA or similar international worker's compensation coverage or State coverage. At a minimum, the offeror must be actively engaged in providing DBA or similar international worker's compensation coverage or State coverage during the two-year period immediately preceding the award of this contract. (ii) Price Reasonableness of rates and discounts. (iii) Past Performance Information: Offerors are required to provide past performance references for itself and each proposed subcontractor. Past performance evaluations will focus on the contractors': record of conforming to contract requirements, cont ractor's adherence to contract schedules, history of reasonable and cooperative behavior and commitment to customer satisfaction; record of claim payments and/or success of litigation concerning challengs to payment. An adjectival rating system will be used for the above factors. Adjectival ratings will be based on strengths, weaknesses, and deficiencies, if any, of each proposal submitted in response to this Request for Quote (RFQ). The Adjectival ratings to be used will include: Excellent, Good, Acceptable, Marginal and Unacceptable. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly un balanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall resul t in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of with drawal is received before award. (End of clause) STATEMENT OF WORK a. GOAL: The purpose of this contract is to provide a source of Worker??????s Compensation Insurance as required by the Defense Base Act (DBA) [Public--No. 208--77th Congress Passed August 16, 1941, as Amended] , as implemented by FAR 52.228-4 Workers????? ? Compensation and War-Hazard Insurance Overseas, for contracts awarded by Defense Contracting Command Washington (DCC-W). The contractor shall provide a discount, or government rate, for any DCC-W contract requiring DBA insurance with performance in Iraq , Afghanistan, and Kuwait. The rate established under this contract for DBA coverage shall also be available to any contracts awarded by any Department of Defense agency with performance in Iraq, Afghanistan, and Kuwait. Establishing this contract will red uce the cost of DBA insurance based on economies of scale. b. BACKGROUND: The DBA was enacted to provide compensation for disability or death to persons employed at military, air, and naval bases outside the United States. Under DBA, contracts involving any overseas performance, the contractor is required by law to provide overseas employees with insurance coverage. DBA coverage applies to individuals employed under DOD contracts or subcontracts or subordinate contracts regardless of the duration of their assignment, and is over and above any State Worker??????s C ompensation insurance coverage. Currently FAR 52.228-4 places the responsibility of obtaining Workers Compensation insurance as a contractor responsibility. Given factors such as the magnitude of the program and evolutionary conditions, it is envisioned th at this contract vehicle could provide an environment where service providers (contractors), customers (various government offices) and a designated Preferred Provider (insurer) could all form a flexible, responsive, and efficient Workers?????? Compensatio n program at an reasonable rate. This environment would streamline many aspects of the program processes such as assuring FAR 31.205-19 Insurance and Indemnification compliance, contract pricing elements and the administration of the contracts/program. All direct contractors must procure DBA insurance under this requirements contract unless they have: (1) A DBA self-insurance program approved by the Department of Labor; or, (2) An approved retrospective rating plan for DBA insurance. Waivers from Defense Base Act insurance have been issued by the Department of Labor for foreign nationals, either Third country National (TCN) or Cooperating Country Nationals (CCN). A Third Country National (TCN) is an individual who is neither a Coopera ting Country National or United States?????? National, but a citizen of a country included in geographic code 935 (see 22 CFR 228.3). A Cooperating Country National is an individual who is a citizen of the cooperating country, or a non-cooperating country lawfully admitted for permanent residence in the cooperating country. Foreign national employees covered by this waiver are exempt from the requirement to secure DBA insurance but must be provided worker??????s compensation benefits as prescribed in appl icable foreign laws. Waivers have been obtained for foreign nationals in over 80 countries. C. APPROACH: The contractor shall deal directly with the companies requiring DBA insurance. Payment arrangements shall be between both parties. The government shall not be responsible for payments, correspondence or administrative issues between these par ties. The government will not guarantee the purchase of any DBA insurance as a result of this contract. The government will not guarantee a minimum or maximum order. The contractor shall accept an y order placed by government contractor??????s requiring DBA insurance. Because worldwide events significantly affect the DBA rates, the established rates will be reviewed every six months. Economical adjustments, increase or decrease, will be appropriate ly made. No government funds will be allocated under this agreement or contract. Reimbursement for DBA insurance will be under the appropriate contract.
- Place of Performance
- Address: Defense Contracting Command-Washington(DCC-W) ATTN: Policy and Compliance, 5200 Army Pentagon, Room 1D245 Washington DC
- Zip Code: 20310-5200
- Country: US
- Zip Code: 20310-5200
- Record
- SN00396288-W 20030810/030808213810 (fbodaily.com)
- Source
-
FedBizOpps.gov Link to This Notice
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