Optometrist Services - OAX

Scope

Please see the following Q&A.

What malpractice insurance limits are required?

Is $1,000,000 per claim and $2,000,000 aggregate acceptable?

Yes, this is acceptable or whatever your state requires.

Attachment 1, Part D says at least 50% of personnel costs must go to the quoter’s own employees, while Section I cites FAR 52.219-14.

Which rule applies?

The Business Questionnaire was not updated, but it should reflect FAR 52.219-14 (DEV), which states the following: (e)(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities.

Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded.

When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract; Would an optometrist engaged through a qualifying small business count toward our share?

No, since you are both of the same small business entity, it wouldn’t.

See reference. (b) Definition.

Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that— (1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and (2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

The Statement of Work mentions a BPA, while Section G describes a requirements contract.

Which type of award will this be?

That’s a typo…BPA...