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Home My WebLink About20143369.tiff RESOLUTION RE: APPROVE TASK ORDER CONTRACT FOR FDA TOBACCO RETAIL INSPECTIONS AND AUTHORIZE CHAIR TO SIGN r WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Task Order Contract for FDA Tobacco Retail Inspections between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Department of Public Health and Environment, and the Colorado Department of Public Health and Environment, commencing upon approval by the State Controller, and ending September 29, 2017, with further terms and conditions being as stated in said task order contract, and WHEREAS, after review, the Board deems it advisable to approve said task order contract, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Task Order Contract for FDA Tobacco Retail Inspections between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Department of Public Health and Environment, and the Colorado Department of Public Health and Environment be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said task order contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of October, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dcte t/ a a;ok 6:40.l goerQ I n &Vt.) Do las ademacher, hair Weld County Clerk to the Board E .V. ara Kirkmeyer, ro-Tem •�ty Clerk to the Boar :;�,,�c �_ivirr _} P. Conway APP ORM: Mike Fr a r- ty Attorney ham . arcia Date of signature: it h2 nn I/9 2014-3369 l c1 H� HL0044 ..;),„„ate Memorandum TO: Douglas Rademacher, Chair 'J G O U N T Y / Board of County Commissioners FROM: Mark E. Wallace, MD, MPH, Executive Director Department of Public Health & Environment DATE: October 27, 2014 SUBJECT: FDA Tobacco Retail Inspection Renewal Task Order Contract Enclosed for Board review and approval is a contract between the Colorado Department of Public Health and Environment and the Board of County Commissioners of Weld County on behalf of the Weld County Department of Public Health and Environment. The term of this contract begins immediately upon approval by the State Controller and ends September 29, 2017. The program is funded through CDPHE via federal pass-through funds from the Food and Drug Administration ("FDA") in the amount of $147,901 each federal fiscal year. Tobacco use continues to be one of the main causes of death and disability in Colorado and Weld County. WCDPHE has an opportunity to obtain funding from CDPHE to continue the work established over the past several years related to tobacco retailer compliance inspections. If approved, WCDPHE will continue to collaborate with its trained inspector and minors to reduce illegal tobacco sales in a 10-county region (northeast Colorado area). The FDA conducts all warning and enforcement actions; WCDPHE only is tasked with conducting the initial inspection. The inspection team includes an underage minor, a chaperone, and the inspector (a WCDPHE employee). This FDA Tobacco Retail Inspection Renewal Task Order Contract was approved for placement on the agenda by the Board via pass-around dated October 21, 2014. I recommend approval of this FDA Tobacco Retail Inspection Renewal Task Order Contract. 2014-3369 DIM.ARCAII'.SI'OP PURR,III(.AI:III AND kA IR<)FVIFN"I' CMS ROUTING NO.15 FULA 74082 APPROVED TASK ORDER CONTRACT -WAIVER#154 This Task Order Contract is issued pursuant to Master Contract made on 01/17/2012,with routing number 13 FAA 00051 I.AI I': Cl1N I It U-Il11t State of Colorado for the use& benefit of the Board of County Commissioners of Weld County Department of Public Health and 915 10th Street Environment Greeley-,Colorado 80632 0758 Prevention Services Division for the use and benefit of the Weld County Department of Public I Iealth and Tobacco- IDA ltnvimnmem 4300 CherryCreek Drive South 1555 North 17i1i Avenue Denver, Colorado 80246 Greeley,Colorado 80631 ASK 11ROl.R AI ADI.D.A I1 U ON I It Vl:I(1R E NIII1 'IX I'1 10/12/2014 Colorado Political Subdivision cold(I:NCL'SIItit.ANCJ'.NI RIFLER: I FRI. HII I.INl1%I 01 \14 IS RI(1.1A'1.D. This Task Order shall be effective upon Monthly approval by the State Controller, or designee, or on 111/15/2014,whichever is later. The SI.vrrrORrvlTLR)121LS' Task Order shall end on 9/29/2017. . Not Applicable PRICE SIkLCII RI_ (IN II(VCF PRIGI.NO1 It)1 XVII I) Fixed Price S147.901.00 PRlu na:AII NT VII 1110D D IF DI.RAI.II %DINE DOLLAFt. S147,901.00 Exempt >1 All II NOIRE I)01lVRsSO FSID/I21 P'LIST rm.] A112W'.HIIN INI'M1,411 VIASITII IAIrAAi(1C NC.AV:AII.AI;I.I PI:12 l 1SCAI.1'1-AI2_ Not Applicable I'Y 15: $110,925.75 IY16: S 36,975.25 55' >14:III I1.UAI.NOcns I SIL11 Not Applicable S1.VII:RI PRI SIIN l AIlA'IL r FFN l lt.Ar.1(1111 .PRl SI:Al.Al'1A'I` Dolores Thomas Tanya Geiser Department of Public Health and I(nvironment .Administrative Services Director Prevention Services Division Weld County Department of Public l lealth and Tobacco - CD.\ Itnvironment 4300 Chem-Creek Drive South 1555 North 1-"I Avenue Denver,CC) 80246 Creelev,Colorado 80631 SCUM.(11 11(1111. FDA tobacco Retail Inspections: I1nforce provisions of Section 201 of The Family-Smoking Prevention and Tobacco Control Act by conducting compliance inspections in identified region(s) in order to protect children and adolescents. contract Template '[ask_Order 070714 Page I of 6 I lX 11111115. The following exhibits are hereby incorporated: Exhibit A- Additional Provisions (and its attachments if any—e.g., A-1,A-2, etc.) Exhibit B- Statement of Work (and its attachments if any—e.g., B-1, B-2, etc.) GENERAL PROVISIONS The following clauses apply to this Cask Order Contract These general clauses may have been expanded upon or made more specific in some instances in exhibits to this Task Order Contract. To the extent that other provisions of this Task Order Contract provide more specificity than these general clauses, the more specific provision shall control. This Task Order Contract is being entered into pursuant to the terms and conditions of the Master Contract including, but not limited to, Exhibit One thereto. The total term of this Task Order Contract, including any renewals or extensions, may not exceed five(5)years. The parties intend and agree that all work shall be performed according to the standards,terms and conditions set forth in the Master Contract. 2. In accordance with section 24-30-202(1), C.R.S., as amended. this Task Order Contract is not valid until it has been approved by the State Controller, or an authorized delegee thereof. The Contractor is not authorized to. and shall not commence performance under this Task Order Contract until this Task Order Contract has been approved by the State Controller or delegee. The State shall have no financial obligation to the Contractor whatsoever for any work or services or,any costs or expenses, incurred by the Contractor prior to the effective date of this Task Order Contract. If the State Controller approves this Task Order Contract on or before its proposed effective date, then the Contractor shall commence performance under this Task Order Contract on the proposed effective date. If the State Controller approves this Task Order Contract after its proposed effective date.then the Contractor shall only commence performance under this Task Order Contract on that later date. The initial term of this Task Order Contract shall continue through and including the date specified on page one of this Task Order Contract, unless sooner terminated by the parties pursuant to the terms and conditions of this Task Order Contract and/or the Master Contract. Contractor's commencement of performance under this Task Order Contract shall be deemed acceptance of the terms and conditions of this Task Order Contract. 3. The Master Contract and its exhibits andlor attachments are incorporated herein by this reference and made a part hereof as if fully set forth herein. Unless otherwise stated,all exhibits and/or attachments to this Task Order Contract are incorporated herein and made a part of this Task Order Contract. Unless otherwise stated, the terms of this Task Order Contract shall control over any conflicting terms in any of its exhibits. In the event of conflicts or inconsistencies between the Master Contract and this Task Order Contract(including its exhibits and/or attachments),or between this Task Order Contract and its exhibits and/or attachments,such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: I)the Contract Template_'I'ask_Order_070714 Page 2 of 6 Special Provisions of the Master Contract;2)the Master Contract(other than the Special Provisions)and its exhibits and attachments in the order specified in the Master Contract;3)this Task Order Contract;4)the Additional Provisions-_Exhibit A,and its attachments if included,to this Task Order Contract; 5) the Statement of Work/Budget- Exhibit B,and its attachments if included,to this Task Order Contract;6)other exhibits/attachments to this Task Order Contract in their order of appearance. 4. The Contractor, in accordance with the terms and conditions of the Master Contract and this Task Order Contract, shall perform and complete, in a timely and satisfactory manner, all work items described in the Statement of Work and Budget, which are incorporated herein by this reference, made a part hereof and attached hereto as"Exhibit B". 5. The State, with the concurrence of the Contractor, may,among other things, prospectively renew or extend the term of this Task Order Contract. subject to the limitations set forth in the Master Contract, increase or decrease the amount payable under this Task Order Contract, or add to,delete from.and/or modify this Task Order Contract's Statement of Work through a contract amendment. To be effective,the amendment must be signed by the State and the Contractor, and be approved by the State Controller or an authorized delegate thereof. This contract is subject to such modifications as may be required by changes in Federal or State law,or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this Task Order Contract on the effective date of such change as if fully set forth herein. 6. The conditions, provisions, and terms of any RFP attached hereto, if applicable, establish the minimum standards of performance that the Contractor must meet under this Task Order Contract. If the Contractor's Proposal, if attached hereto,or any attachments or exhibits thereto,or the Scope/Statement of Work- Exhibit B, establishes or creates standards of performance greater than those set forth in the RFP.then the Contractor shall also meet those standards of performance under this Task Order Contract. 7. STATEWIDE CONTRACT MANAGEMENT SYSTEM /This section shall apply when the Effective Date iv on or after July 1, 2009 and the maximum amount parable to Contractor hereunder is 5100,000 or higher! By entering into this Task Order Contract,Contractor agrees to be governed, and to abide,by the provisions of CRS §24-102-205, §24-102-206, §24-103-601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state contracts and inclusion of contract performance information in a statewide contract management system. Contractor's performance shall be evaluated in accordance with the terms and conditions of this Task Order Contract, State law, including CRS §24-103.5-101,and State Fiscal Rules, Policies and Guidance. Evaluation of Contractor's performance shall be pan of the normal contract administration process and Contractor's performance will be systematically recorded in the statewide Contract Management System. Areas of review shall include, but shall not be limited to quality,cost and timeliness. Collection of information relevant to the performance of Contractor's obligations under this Task Order Contract shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of the Statement of Project of this Task Order Contract. Such performance information shall be entered into the statewide Contract Management System at intervals established in the Statement of Project and a final review and rating shall be rendered within 30 days of the end of the Task Order Contract term. Contractor shall be notified following each performance and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance evaluation determine that Contractor demonstrated a gross failure to meet the performance measures established under the Statement of Project,the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Colorado Department of Public Health and Environment and showing of good cause, may debar Contractor and Contract_Template_l ask t)der_070714 Page 3 of 6 prohibit Contractor from bidding on future contracts. Contractor may contest the final evaluation and result by: (i) filing rebuttal statements, which may result in either removal or correction of the evaluation(CRS §24-105-102(6)),or(ii)under CRS §24-105-102(6),exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107,201 or 202, which may result in the reversal of the debarment and reinstatement of Contractor, by the Executive Director. upon showing of good cause. 8. If this Contract involves federal funds or compliance is otherwise federally mandated, the Contractor and its agent(s)shall at all times during the term of this contract strictly adhere to all applicable federal laws, state laws, Executive Orders and implementing regulations as they currently exist and may hereafter he amended. Without limitation, these federal laws and regulations include the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), as amended by §6062 of Public Law 110-252, including without limitation all data reporting requirements required there under. This Act is also referred to as FFATA. Contract_Template Task_Order_070714 Page 4 of 6 THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT * Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's behalf and acknowledge that the State is relying on their representations to that effect. CONTRACTOR: STATE OF COLORADO: Board of County Commissioners of Weld John W.Hickenlooper, GOVERNOR County for the use and benefit of the Weld County Department of Public Health and Environment (a political subdivision of the state of Colorado) ?)4/CA- Legal Name of Contracting Entity )11 OC r2s201a B For Executive Director Date Department of Public Health and Environment Sign of Authorized icer Douglas Rademacher Print Name of Authorized Officer Chair, Board of Weld County Departme ,: • p' ,val: Commissioners By Print Title of Authorized Officer �. ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS§24-30-202 requires the State Controller to approve all State Contracts.This Contract is not valid until signed and dated below by the State Controller or delegate.Contractor is not authorized to begin performance until such time.If Contractor begins performing prior thereto,the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER: Robert Jaros,CPA,MBA,JD BykkallJ get Date L[IAN Contract_femplate_Task Order_070714 Page 5 of 6 APPROVED AS TO FUNDING : PPROVED AS SUBSTANCE : LOA.4agalot 6.4( et-D ,, Controller Department Head A D S TO FORM : ( z>„-z.,;:c,m____ C ty Attorney ACItE 33/' This page left intentionally blank. Contracl_l emplate_Task_Order_07071 d Page 6 of 6 EXHIBIT A ADDITIONAL PROVISIONS To Task Order Contract Dated 10/12/2014- Contract Routing Number 15 FHLA 74082 These provisions are to be read and interpreted in conjunction with the provisions of the Task Order Contract specified above. This Task Order Contract contains federal funds. 2. The United States Department of Health and Human Services("USHHS"),through the Food and Drug Administration ("FDA")has awarded federal funds under Contract number HHSF223201400114C,to perform the following—Inspection of Tobacco Retailers. 3. To receive compensation under this Task Order Contract,the Contractor shall submit a signed monthly CDPHE Reimbursement Invoice Form. This form is accessible from the CDPHE internet website http://www.colorado.gov/cs/Satellite/CDPHE-Main/CBON/125 1622941228 and is incorporated herein by reference. CDPHE will provide technical assistance in accessing and completing the form. The CDPHE Reimbursement Invoice Form must be submitted within forty-five(45)calendar days of the end of the billing period for which services were rendered. Expenditures shall be in accordance with Federal Clauses of Contract HHSF223201400114C attached hereto as Attachment A-1, Statement of Work/Budget attached hereto as Exhibit B and incorporated herein. All other expenditures shall not be reimbursed without prior written consent of the State. All expenditures must be reasonable and necessary for the performance of this Contract, and must comply with The State of Colorado, specifically the Colorado Department of Public Health and Environment, fiscal guidelines and rules. Scan the completed and signed CDPHE Reimbursement Invoice Form into an electronic document. Email the scanned invoice with the Excel workbook containing the Expenditure Details page to: Dolores(Dee) Thomas, FDA Program Coordinator: dolores.thomas@state.co.us To be considered for payment, billings for payments pursuant to this Task Order Contract must be received within a reasonable time after the period for which payment is requested, but in no event no later than forty-five(45)calendar days after the relevant performance period has passed. Final billings under this Task Order Contract must be received by the State within a reasonable time after the expiration or termination of this Task Order Contract; but in no event no later than forty-five(45)calendar days from the effective expiration or termination date of this Task Order Contract. Unless otherwise provided for in this Task Order Contract,"Local Match", if any, shall be included on all invoices as required by funding source. The Contractor shall not use federal funds to satisfy federal cost sharing and matching requirements unless approved in writing by the appropriate federal agency. 4. Time Limit For Acceptance Of Deliverables. a. Evaluation Period. The State shall have thirty(30)calendar days from the date a deliverable is delivered to the State by the Contractor to evaluate that deliverable, except for those deliverables that have a different time negotiated by the State and the Contractor. b. Notice of Defect. If the State believes in good faith that a deliverable fails to meet the design specifications for that particular deliverable, or is otherwise deficient, then the State shall notify the Contractor of the failure or deficiencies, in writing, within thirty(30)calendar days of: I)the date the deliverable is delivered to the State by the Contractor if the State is aware of the failure or Exhibit A .ldditional_Provisions_Task_Order_070714 Page 1 of 3 EXHIBIT A deficiency at the time of delivery;or 2)the date the State becomes aware of the failure or deficiency. The above time frame shall apply to all deliverables except for those deliverables that have a different time negotiated by the State and the Contractor in writing pursuant to the State's fiscal rules. c. Time to Correct Defect. Upon receipt of timely written notice of an objection to a completed deliverable,the Contractor shall have a reasonable period of time, not to exceed thirty(30) calendar days,to correct the noted deficiencies. If the Contractor fails to correct such deficiencies within thirty(30)calendar days,the Contractor shall be in default of its obligations under this Task Order Contract and the State, at its option, may elect to terminate this Task Order Contract or the Master Contract and all Task Order Contracts entered into pursuant to the Master Contract. 5. Health Insurance Portability and Accountability Act(HIPAA) Business Associate Determination. The State has determined that this Contract does not constitute a Business Associate relationship under HIPAA. 6 Notwithstanding the terms contained in General Provisions of the Master Contract, Section 27,Annual Audit, for the purpose of this Task Order,the Contractor is a Vendor as defined by Office of Management and Budget(OMB)Circular A-133 (Audits of States, Local Governments, and Non-Profit Organizations). 7. All inspectors, direct supervisors of inspectors,and chaperones working under this Contract shall act as agents of CDPHE and shall attain or maintain FDA commissioning status and participate in training as required by the FDA and CDPHE. 8. All employees and subcontractors working under this Contract shall maintain FDA Tobacco Retailer Compliance Check Program (Program)confidentiality. No data resulting from FDA Tobacco Retailer Compliance Check Inspections, including data available in the Tobacco Inspection Management System (TIMS), shall be shared with entities outside of FDA, CDPHE,or Program staff. 9. FDA Commissioning is issued for five(5)years. Contractor shall notify CDPHE immediately of any event or occurrence that affects or changes Commissioning status. The status of a background investigation may be continuously monitored by Program,CDPHE, and the FDA. Issuance of a commission is discretionary, and make be revoked at any time for reasons including,but not limited to: the abuse or misuse of the commission;the transmittal of confidential information from a commissioned officer to individuals who are not employees or commissioned officers of NHS;a conflict of interest; change in criminal or credit history; substance abuse, or; behavior that discredits the FDA. 10. CDPHE reserves the right to prohibit personnel,commissioned or non-commissioned, from working under this contract for performance issues and conflicts at any time. 1 I. Upon separation of a commissioned employee or subcontractor, Contractor shall ensure the commissioning credentials and/or certificates and all equipment are returned to the FDA as instructed by CDPHE. 12. Contractor shall perform in accordance with the FDA Tobacco Retailer Compliance Check Inspection Program/CDPHE FDA Program Policies,referenced herein as Attachment A-2 12. Contractor shall request prior approval in writing from the State for all modifications to the Statement of Work/Work Plan or for any modification to the direct costs in excess of twenty-five percent(25%)of the total budget for direct costs. Any request for modifications to the Budget in excess of twenty-five percent (25%)of the total budget for direct costs or$250,000.00,whichever is less, shall be submitted to the State at least 90 days prior to the end of the contract period and may require an amendment in accordance with Section 5 of this Task Order Contract. Exhibit_A_.yddidonat_Provisions_Task_Order_070713 Pagc 2 of 3 EXHIBIT A 13. Notwithstanding the terms contained in General Provisions of the Master Contract, Section 9, Rights in Data, Documents and Computer Software or Other Intellectual Property,or Section 23.i,General Provisions, Media or Public Announcements,the State of Colorado, specifically the Department of Public Health and Environment, shall be the owner of all printed materials,graphic representations,educational materials, audio-visual products, or any other media, in whatever form,created under this Task Order Contract. This requirement applies,but is not limited to, any brochure, flyer, presentation,billboard,radio spot, website, banner advertisement. The State reserves the right to require logos, or other wording on any material,representation,product or other media form created under this Task Order Contract. Any material,representation, product or other media form that will use the State's or logo or information must be approved by the State prior to production and distribution. A minimum of ten(10)business days is required for the review and approval process. 14. Notwithstanding the terms contained in General Provisions of the Master Contract, Section 9,Rights in Data, Documents and Computer Software or Other Intellectual Property,or Section 23.i,General Provisions, Media or Public Announcements,the State of Colorado, specifically the Department of Public Health and Environment, shall be the owner of all printed materials, graphic representations,educational materials,audio-visual products, or any other media, in whatever form, created under this Task Order Contract. This requirement applies,but is not limited to, any brochure, flyer,presentation,billboard,radio spot,website, banner advertisement. The State reserves the right to require logos,or other wording on any material, representation, product or other media form created under this Task Order Contract. Any material,representation, product or other media form that will use the State's or logo or information must be approved by the State prior to production and distribution. A minimum of ten(10)business days is required for the review and approval process. 15. The State may increase or decrease the quantity of goods/services described in Exhibit B based upon the rates established in the Task Order Contract. If the State exercises the option, it will provide written notice to Contractor as least thirty(30)days prior to the end of the current contract term in a form substantially equivalent to Attachment A-3. Delivery/performance of the goods/service shall continue at the same rates and terms. If exercised,the provisions of the Option Letter shall become part of and be incorporated into the original contract. 16. The State may require continued performance for a period of up to 4 years at the same rates and same terms specified in the Task Order Contract. If the State exercises the option, it will provide written notice to Contractor at least 30 days prior to the end of the current contract term in a form substantially equivalent to Attachment A-3. If exercised,the provisions of the Option Letter shall become part of and be incorporated into the original Task Order Contract. The total duration of this Task Order Contract, including the exercise of any options under this clause, shall not exceed 5 years. (Note: 5 years is the maximum allowable.) Exhibit A Additional Provisions_Task_Order_0?0?14 Page 3 of 3 ATTACHMENT A-1 SECTION I - CON TRACT 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 these addresses: FAR http://www.acquisition.gov/far HHSAR—http://www.hhs.gov/oamp/policies/hhsar.doc A. FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) CLAUSES ' in td i Ennli. 10Kt 711;0- i ,r FAR 52.202-1 Nov 2013 Definitions FAR 52.203-3 A.r 1984 Gratuities FAR 52.203-5 A.r 1984 Covenant Against Contintent Fees FAR 52.203-6 Se.t 2006 Restrictions on Subcontractor Sales to the Government FAR 52.203-7 Oct 2010 Anti-Kickback Procedures FAR 52.203-8 Jan 1997 Cancellation, Rescission, and Recovery of Funds for Illegal or Im.ro.er Activity FAR 52.203-10 Jan 1997 Price or Fee Adjustment for Illegal or Improper Activity FAR 52.203-12 Oct 2010 Limitation on Payments to Influence Certain Federal Transactions Page l of 3 ATTACHMENT A-1 FAR 52.203-13 Apr 2010 Contractor Code of Business Ethics and Conduct FAR 52.203-17 Sept 2013 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights FAR 52.204-4 May 2011 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper FAR 52.204-7 Jul 2013 System for Award Management FAR 52.204-10 Jul 2013 Reporting Executive Compensation and First-Tier Subcontract Awards FAR 52.204-13 Jul 2013 System for Award Management Maintenance Protecting the Government's Interests When Subcontracting FAR 52.209-6 Aug 2013 With Contractors Debarred, Suspended,or Proposed for Debarment FAR 52.209-9 Jul 2013 Updates of Publically Available Information Regarding Responsibility Matters FAR 52.215-2 Oct 2010 Audit and Records—Negotiation(ALT II) FAR 52.215-8 Oct 1997 Order of Precedence-Uniform Contract Format FAR 52.215-10 Aug 2011 Price Reduction for Defective Cost or Pricing Data FAR 52.215-12 Oct 2010 Subcontractor Certified Cost or Pricing Data FAR 52.215-15 Oct 2010 Pension Adjustments and Asset Reversions FAR 52.215-18 Jul 2005 Reversion or Adjustment of Plans for Post-Retirement Benefits(PRB) other than Pensions FAR 52.215-19 Oct 1997 Notification of Ownership Changes FAR 52.215-20 Oct 2010 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data FAR 52.215-21 Oct 2010 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data- Modifications FAR 52.215-22 Oct 2009 Limitation on Pass-Through Charges—Identification of Subcontract Effort FAR 52.215-23 Oct 2009 Limitations of Pass-Through Charges (Alternate I) FAR 52.217-8 Nov 1999 Option to Extend Services FAR 52.222-3 Jun 2003 Convict Labor FAR 52.222-17 Jan 2013 Nondisplacement of Qualified Workers FAR 52.222-26 Mar 2007 Equal Opportunity FAR 52.222-35 Sept 2010 Equal Opportunity for Veterans _ FAR 52.222-36 Oct 2010 Affirmative Action for Workers with Disabilities FAR 52.222-37 Sept 2010 Employment Reports on Veterans FAR 52.222-50 Feb 2009 Combating Trafficking in Persons FAR 52.222-54 Aug 2013 Employment Eligibility Verification FAR 52.223-6 May 2001 Drug-Free Workplace FAR 52.223-18 Aug 2011 Encouraging Contractor Policies to Ban Text Messaging While Driving FAR 52.225-1 _ Feb 2009 Buy American Act- Supplies FAR 52.225-13 June 08 Restrictions on Certain Foreign Purchases FAR 52.227-1 Dec 2007 Authorization and Consent FAR 52.232-23 Jan 1986 Assignment of Claims FAR 52.232-25 Jul 2013 _ Prompt Payment FAR 52.232-33 Jul 2013 Payment by Electronic Funds Transfer-System for Award Management Page 2 of 3 ATTACHMENT A-1 FAR 52.232-39 Jun 2013 Unenforceability of Unauthorized Obligations FAR 52.233-1 Jul 2002 Disputes FAR 52.233-3 Aug 1996 Protest After Award (ALT I) FAR 52.233-4 Oct 2004 Applicable Law for Breach of Contract Claim FAR 52.242-13 Jul 1995 Bankruptcy _ FAR 52.243-1 Aug 1987 Changes—Fixed Price(ALT II) FAR 52.244-2 Oct 2012 Subcontracts (ALT I) FAR 52.245-1 Apr 2012 Government Property FAR 52.245-9 Apr 2013 Use and Charges FAR 52.249-2 May 2004 Termination(Fixed Price) FAR 52.249-14 Apr 1984 Excusable Delays FAR 52.253=1 Jan 1991 Computer Generated Forms • Page 3 of 3 ATTACHMENT A-2 41/4 CDPHE ( COLORADO CO Q Department of Public Health b Environment Dedicated to protecting and improving the health and environment of the people of Colorado Food and Administration Tobacco Retailer Compliance Check Inspection Program CDPHE FDA Program Electronic Submissions - Records Retention Policy Inspectors shall submit the results of compliance check inspections to the FDA via the Tobacco Inspection Management System or Colorado Department of Health and Environment Program Coordinator within 48 hours after the compliance check inspection was initiated. All forms submitted electronically first must be signed by the Inspector/Minor as applicable. Electronic signatures will not be accepted. FDA Commissioned staff must read and sign the Acknowledgement statement at the end of this document. I. Electronic Submission (for manual inspections and request for added information) a. Inspection forms must always be filled out in accordance with the Office of Compliance Enforcement Learning Management Systems Interactive Online Training. Follow procedure for creating CD ROMS for photographs taken during inspection as outline in the training manual. b. Scan hardcopies of inspection forms and save in PDF format. The naming convention for all files must consist of the assignment number_name of form_ four- digit number beginning with 0001 and increasing by increments of one. c. Access and login to Tobacco Inspection Management System (TIMS) at www.tims.fda.gov. d. Upload forms to TIMS in the "Uploaded Miscellaneous Document(s)" section e. For Advertising Et Labeling inspections, upload all pages of the Narrative Report(s) and the AEtL Supplemental Questionnaire. Upload only the first page of the Notice of Inspection (NOI-482) form. f. For Undercover Buy inspections upload both pages of the Minor Narrative Report and the regulatory notebook entry, if one was made due to an unusual circumstance that occurred during the inspection. The Minor Narrative Report must accompany the physical evidence. II. Physical Evidence, Inspection Forms Submission Please refer to CDPHE FDA Program Evidence Shipping and Tracking Policy. III. Records Retention, Local Public Health Agencies a. In order to allow sufficient time for FDA to review photos or scanned copies of inspection documents, Inspectors must retain all hardcopies of inspection documents and information related to an inspection for a minimum of six months from the date of inspection. The PC may contact the inspector within the six months to request physical documents that were previously submitted electronically in TIMS or via email to the PC via email. continued .o? CDPHE FDA Program Electronic Submissions- Records Retention Policy ,7 Revised September 2014, •r87h Pagel of 10 . ` ATTACHMENT A-2 b. Following the end of the six-month period, the inspector may destroy documents associated with an inspection with the exception of the regulatory notebook. Regulatory notebooks must be returned to the Program Coordinator as detailed in CDPHE FDA Program Evidence Shipping and Tracking Policy. c. Documents must be destroyed using a crisscross type shredder. IV. Records Retention, Colorado Department of Health and Environment a. Program Coordinators will keep all electronic and physical evidence records for a period of seven years per State of Colorado retention policy. b. After the minimum retention date has transpired, electronic and physical records will be destroyed in accordance with State mandated process to ensure anonymity and confidentiality c. A separate process under the guidance of Hazardous Materials subject matter experts must be used to safely destroy tobacco products. ACKNOWLEDGEMENT CDPHE FDA Electronic Submission - Records Retention Policy My signature acknowledges that I have received a copy of, have read and understand the above policy; and that I agree to comply with the terms of this policy. Commissioned Officer /Authorized Staff PRINTED Name Signature Date Signed Witness PRINTED Name Signature Date Signed Please contact your Program Coordinator with questions or concerns. You may also contact the CDPHE FDA program supervisor via email at cdphe_fda@state.us.co. CDPHE FDA Program Electronic Submissions- Records Retention Policy ;: o Revised September 2014 I * /A7F' Page 2 of 10 ATTACHMENT A-2 A CDPHE COLORADO CO 13. Department of Pubtic .• Health&Environment Dedicated to protecting and improving the health and environment of the people of Colorado Food and Administration Tobacco Retailer Compliance Check Inspection Program CDPHE FDA Policy for FDA Staff Working from Home Staff working at home will have a dedicated workspace for FDA Program work. Care must be exercised at all times when handling, processing and storing, program evidence, packages, materials, supplies and equipment. It is imperative to refrain from doing anything that will compromise the integrity of the evidence or that will jeopardized the program packages, materials or equipment or reveal confidential program information. FDA staff person must have the ability to make private phone calls to hold discussions about or to conduct FDA business. FDA Commissioned staff must read and sign the Acknowledgement statement at the end of this document. I. Computer Equipment Standards and Protocol a. Desktop or laptop computers purchased with FDA funds for use in the program must be equivalent to the technology security requirements outlined in the Federal Information Processing Standards Publication, Minimum Security Requirements for Federal Information and Information Systems, Section 3 Minimum Security Requirements. http_//csrc.nist.gov/publications/fips/fips200/FIPS-200-final- march.pdf b. Care must be taken to ensure that computer equipment will be kept up-to-date. 1. The computer must have up-to-date antivirus protection software installed and running 2. The computer must have a secure, private login for FDA staff person only—must not be shared 3. FDA program staff must use the encrypted, password protected flash drive provided by your Program Coordinator or an encrypted portable hard drive for file back up. Do not store files on "the cloud" or other Internet storage applications 4. FDA program staff must not share email password II. Evidence and Equipment a. FDA program staff working at home must ensure that they have 1. a secure place to lock all evidence until it is shipped to Program Coordinator 2. a secure place to lock all FDA equipment 3. a secure cabinet or drawer for all FDA materials • cabinet or drawer must be locked and only accessible by FDA staff person • cabinet or drawer must have the capacity to store all FDA inspection documents securely and in accordance with CDPHE policy for the required amount of time 4. a crisscross type shredder for destroying program records when necessary refer to details in the Electronic Submissions - Records Retention Policy continued c% co, ��. •_9 CDPHE FDA Policy for FDA Staff Working from Home Revised September 2014 I i f 4 /sic,Page 3 of 10 ATTACHMENT A-2 Ill. Safety and Care and Confidentiality of Physical Evidence and Program Packages a. FDA content and processes are confidential. At no time should program information, material, supplies or evidence packages be left unattended in plain view or accessible to others. Contents must be placed in a drawer and locked whenever you are unable to complete a required task. This includes your FDA credentials. 1. The processing of all evidence and program packages must take place in a secure and private area whenever possible. Evidence packages should never be processed in the presence of anyone other than FDA staff. 2. Do not handle food or drink when handling, processing, storing, retrieving and/or distributing program evidence, packages, materials, supplies and equipment. 3. If it is necessary to transport program evidence, packages, materials, supplies and equipment in a vehicle you must comply with the following protocol: • Equipment must be kept in a locked area that is not accessible to unauthorized persons. • Equipment and supplies may not be shared with unauthorized parties. • Equipment must be placed in a locked trunk (preferred), other locked compartment, or in an area where the equipment is not visible from outside of the vehicle; and the vehicle must remain locked. • Equipment must be protected from exposure to extreme heat or cold. Do not leave equipment in vehicles for several hours or overnight. • Inspectors must contact their Program Coordinator regarding equipment failure issues and/or loss of equipment. • Contact local law enforcement and complete a police report if you experience loss or theft of your FDA issued Phone, credentials or a laptop used for the FDA program. 4. All FDA issued equipment and official Program forms must be returned to CDPHE at the end of employment as a Commissioned Inspector for the Tobacco Retail Compliance Check Inspection Program. This includes iPhones and all Phone accessories, laptops (if provided by CDPHE) and printers, USB flash drives and all program inspection forms. continued 0O4O CDPHE FDA Policy for FDA Staff Working from 1 Home Revised September 2014 R 1 ;fR"'+ Page4of10 ATTACHMENT A-2 ACKNOWLEDGEMENT CDPHE Policy for FDA Staff Working from Home My signature acknowledges that I have received a copy of, have read and understand the above policy; and that I agree to comply with the terms of this policy. Commissioned Officer /Authorized Staff PRINTED Name Signature Date Signed Witness PRINTED Name Signature Date Signed Please contact your Program Coordinator with questions or concerns. You may also contact the CDPHE FDA program supervisor via e-mail at cdphe_fda@state.us.co. pF CUC� P CDPHE FDA Policy for FDA Staff Working from I `o Home Revised September 2014 • Ikic Page 5of 10 ATTACHMENT A-2 CDPHE ' COLORADO CO If Department of Public • Health b Environment Dedicated to protecting and improving the health and environment of the people of Colorado Food and Administration Tobacco Retailer Compliance Check Inspection Program CDPHE FDA Program Evidence Tracking Policy This policy details the Colorado Department of Public Health and Environment (CDPHE) Food and Drug Administration (FDA) Tobacco Retailer Compliance Check Inspection Program (the Program) process for submitting and tracking of Program evidence and the transmitting of documents between Program participants. FDA Commissioned staff must read and sign the Acknowledgement statement at the end of this document. I. Shipment Notification a. Prior to shipping or delivering evidence Inspectors must contact the Program Coordinator (PC) via email to notify the PC. The shipment notification email must contain the following: 1. The Subject Line must state "Shipment Notification" 2. Specify whether the packaged is being shipped or hand-delivered 3. Specify the shipment method (Fed Ex, UPS, etc. Note: it is illegal to mail tobacco products may via the United States Postal Service) and tracking number (no tracking number for hand-delivered packages) 4. Assignment number(s) 5. List package contents (reports, evidence, Program forms, etc.). Note: you do not need to list the names of the tobacco products. 6. Hand delivered packages must be handed directly to the PC or left in the CDPHE mailroom with mailroom staff. 7. Print and sign a copy of the shipment notification email and place the signed copy in the package with the evidence and all associated inspection documents. II. Preparing Evidence Package for Delivery a. All packages being shipped or hand delivered to CDPHE shalt be double-wrapped. Evidence, all associated inspection documents and shipment notification email must be placed in the inner wrapping that is labeled, "FDA Privileged Information - Access Controlled." The inner wrapping should be a non-transparent wrapping. 1. If evidence being submitted contains evidence and all required documents for only one inspection assignment, place the inner wrapping into the shipping package and seat according to the carrier's instructions, and label with PC's mailing information. Or, place the inner wrapping into a manila or other envelope and label it with the PC's contact information on the outer label. Label or stamp "Confidential" on the envelope. 2. If evidence is being submitted for more than one inspection assignment in the same package complete the following steps: continued o co,_ CDPHE FDA Program Evidence Tracking Policy �G Revised September 2014 • R ih76 Page 6 of 10 ATTACHMENT A-2 • Print one copy of the email notification for each piece of evidence and sign each copy. • Highlight the associated assignment number for each copy of the email notification for each piece of evidence • Place the sealed evidence along with the associated inspection documents and the copy of the signed email notification with the highlighted assignment number highlighted, in a large plastic bag. The large plastic bag (evidence package) must contain evidence and all associated inspection documents and the corresponding signed, shipment notification email with highlighted assignment number for only one assignment. Repeat this process and create an evidence package for each set of assignments. • Place all the individual evidence packages into the non-transparent inner wrapping with the label, "FDA Privileged Information - Access Controlled." • If shipping via Fed Ex or UPS courier, place the inner wrapping package that contains the individual evidence packages into a second, larger shipping package and seat according to the carrier's instructions. b. Prior to shipping or delivering Program documentation Inspectors must contract the PC via email to notify the PC. The shipment notification email must contain the following: 1. Email notification must include in the Subject Line "Shipment Notification" 2. Date the packaged was shipped or hand-delivered 3. The shipment method and tracking number (no tracking number for hand- delivered packages) 4. Assignment number(s), if applicable 5. List package contents (reports, evidence, Program forms, etc.) 6. Hand delivered packages must be handed directly to the PC or left in the CDPHE mailroom with mailroom staff. 7. Print and a sign a copy of the email notification email and place the signed copy in the package with the contents of the package In addition to sending the email, print, sign and date it, and include the email with the evidence (inside the large plastic bag). If you send multiple evidence packets in the same shipment, print multiple copies of the email and highlight the inspection number for each piece of evidence. There must be a separate print-out for each piece of evidence. The email notification with your signature will serve as the Evidence Log. continued CDPHE FDA Program Evidence Tracking Policy I C 'o Revised September 2014 * 4./876' Page 7 of 10 ATTACHMENT A-2 ACKNOWLEDGEMENT CDPHE FDA Program Evidence Tracking Policy My signature acknowledges that I have received a copy of, have read and understand the above policy; and that I agree to comply with the terms of this policy. Commissioned Officer /Authorized Staff PRINTED Name Signature Date Signed Witness PRINTED Name Signature Date Signed Please contact your Program Coordinator with questions or concerns. You may also contact the CDPHE FDA program supervisor via email at cdphejda@state.us.co. Ok cot CDPHE FDA Program Evidence Tracking Policy Revised September 2014 /876 Page 8 of 10 ^! ATTACHMENT A-2 COPHE ; COLORADO 'CO ; Department of Public • I Health&Environment Dedicated to protecting and improving the health and environment of the people of Colorado Food and Administration Tobacco Retailer Compliance Check Inspection Program CDPHE FDA Program Supplies and Equipment Policy Colorado Department of Health and Environment (CDPHE) Program Coordinators shall provide program Inspectors with the required Food and Drug Administration (FDA) issued equipment and official FDA forms necessary to conduct tobacco retailer inspections. FDA Commissioned staff must read and sign the Acknowledgement statement at the end of this document. I. Maintenance and Storage of Official FDA Issued Equipment or Other Materials: a. FDA issued equipment, equipment purchased using FDA funds, and official FDA forms are for use in the FDA Tobacco Retail Inspection Compliance Check Program (the Program) and may not be used for personal purposes or for work outside of the Program. b. Only FDA Commissioned staff is authorized to access Program equipment and/or supplies. Non-commissioned persons are unauthorized. c. Program Coordinators and Inspectors shall ensure that they have a sufficient quantity of official supplies on hand at all times in order to conduct inspections. d. Program Coordinators and Inspectors are responsible for maintaining and safeguarding FDA equipment issued or purchased with FDA funds and official Program materials in their possession. 1. Equipment must be kept in a locked area that is not accessible to unauthorized persons. 2. Equipment and supplies may not be shared with unauthorized parties. 3. When it is necessary to temporarily store equipment in a vehicle said equipment must be placed in a locked trunk (preferred), other locked compartment, or in an area where the equipment is not visible from outside of the vehicle; and the vehicle must remain locked. 4. Protect all equipment from exposure to heat or cold due when it is temporarily stored in a vehicle. Do not leave equipment in vehicles for several hours or overnight. 5. Inspectors must contact their Program Coordinator regarding equipment failure issues and/or loss of equipment. 6. Program Coordinator must contact FDA regarding equipment failure issues and/or loss of equipment. 7. All FDA issued equipment and official Program forms must be returned to CDPHE at the end of employment as a Commissioned Inspector for the Tobacco Retail Compliance Check Inspection Program. This includes iPhones and all iPhone accessories, laptops and printers, USB flash drives and all program inspection forms. 8. Program Coordinators are responsible for routing certain equipment to FDA and storing other equipment at CDPHE. continued (01.0 CDPHE FDA Program Supplies and Equipment Policy yo Revised September 2014 Page 9of10 4 /876r ATTACHMENT A-2 Note: Equipment not issued by CDPHE or FDA but deemed necessary by individual local health agencies in order to conduct official program business may be purchased by the local health agency. Please refer to the General Provisions section of your Contract with CDPHE regarding cost and your budget. Equipment purchased by individual local health agencies does not need to be turned in to CDPHE unless requested by CDPHE. However, any equipment used for the purpose of conducting business in this program should be maintained and safeguarded as mentioned in items la. and lb. above. II. Sending/ Shipping Official FDA Issued Equipment or Other Materials: a. All FDA issued equipment or equipment purchased using FDA funds and other materials shipped/returned to the Program Coordinator or shipped/issued to Inspector must be hand delivered or mailed using a method that has an official tracking mechanism. Please refer to CDPHE FDA Program Evidence Tracking Policy for more information. b. Program Coordinators and Inspectors must inform the intended recipient via e-mail that a package has been shipped. The email must include the shipping carrier and tracking number information. c. All equipment must be insured for a minimum of $300. d. Program Coordinators will respond to inquiries about equipment and/or requests for materials within 72 hours of receipt of request. ACKNOWLEDGEMENT CDPHE FDA Program Supplies and Equipment Policy My signature acknowledges that I have received a copy of, have read and understand the above policy; and that I agree to comply with the terms of this policy. Commissioned Officer /Authorized Staff PRINTED Name Signature Date Signed Witness PRINTED Name Signature Date Signed Please contact your Program Coordinator with questions or concerns. You may also contact the CDPHE FDA program supervisor via e-mail at cdphe_fda@state.us.co. O? (U,G �C kY CDPHE FDA Program Supplies and Equipment Policy I `r Revised September 2014 • Page 10 of 10 ' n igv ;+ Attachment A-3 OPTION LETTER Date: State Fiscal Year: Option Letter No. CMS Routing # 1) OPTIONS: Choose all applicable options listed in §1 and in §2 and delete the rest. a. Option to renew only (for an additional term) b.Change in the amount of goods within current term c. Change in amount of goods in conjunction with renewal for additional term d.Level of service change within current term e. Level of service change in conjunction with renewal for additional term f. Option to initiate next phase of a contract 2) REQUIRED PROVISIONS. All Option Letters shall contain the appropriate provisions set forth below: a. For use with Options 1(a-e): In accordance with Section(s) of the Original Contract routing number between the State of Colorado, Insert Name of Department or Higher Ed Institution , and Contractor's Name, the State hereby exercises its option for an additional term beginning Insert start date and ending on Insert ending date at a cost/price specified in Section , AND/OR an increase/decrease in the amount of goods/services at the same rate(s) as specified in Identify the Section, Schedule, Attachment, Exhibit etc. b. For use with Option 1(f), please use the following: In accordance with Section(s) of the Original Contract routing number between the State of Colorado, Insert Name of Department or Higher Ed Institution , and Contractor's Name, the State hereby exercises its option to initiate Phase indicate which Phase: 2, 3, 4, etc for the term beginning Insert start date and ending on Insert ending date at the cost/price specified in Section c. For use with all Options 1(a-f): The amount of the current Fiscal Year contract value is increased/decreased by $ amount of change to a new contract value of Insert New $Amt to as consideration for services/goods ordered under the contract for the current fiscal year indicate Fiscal Year. The first sentence in Section is hereby modified accordingly. The total contract value including all previous • amendments, option letters, etc. is Insert New$Amt. 3) Effective Date. The effective date of this Option Letter is upon approval of the State Controller or whichever is later. STATE OF COLORADO John W. Hickenlooper, GOVERNOR PROGRAM APPROVAL: Department of Public Health and Environment By: By: Lisa McGovern, Purchasing & Contracts Unit Director Date: ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS§24-30-202 requires the State Controller to approve all State Contracts.This Contract is not valid until signed and dated below by the State Controller or delegate.Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto,the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: Date: Page 1 of 1 Effective Date: 1/6/09-Rev 8/25/09 m F 00 2 X >,Y AC 0 w CC u © O Q = L A U G 9 G E O G E o U CA Qa O •L> O c In a U . c o Nu ccl v ao e e a m F_ 0a Q U N C m L y N c _ o =V ° c LT. 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