SOLICITATION NOTICE
X -- TMA Contractor Training Conference
- Notice Date
- 12/12/2008
- Notice Type
- Modification/Amendment
- NAICS
- 721110
— Hotels (except Casino Hotels) and Motels
- Contracting Office
- Office of Personnel Management, Center for Contracting, Facilities & Administrative Services, Contracting Group, 1900 E Street, N.W., Room 1342, Washington, District of Columbia, 20415-7710
- ZIP Code
- 20415-7710
- Solicitation Number
- OPM049-09-Q-0006
- Response Due
- 12/16/2008 3:00:00 PM
- Point of Contact
- John R Dismond,, Phone: 202-606-1518, Antoinette M Campbell,, Phone: 202/606-4806
- E-Mail Address
-
john.dismond@opm.gov, amcampbe@opm.gov
- Small Business Set-Aside
- N/A
- Description
- SYNOPSIS/SOLICITATION DATE FOR QUOTATION SUBMISSION AMENDED. QUOTATIONS DUE TUESDAY, DECEMBER 16 BY 3:00PM EASTERN STANDARD TIME VIA E-MAIL AT JOHN.DISMOND@OPM.GOV This is a combined synopsis/solicitation for a commercial service prepared in accordance with Federal Acquisition Regulation (FAR) Subpart 12.102 (g) and with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Quotations are being requested and a separate written solicitation will not be issued. The Solicitation number is: OPM049-09-Q-0006 and is issued as a Request for Quotations (RFQ). This solicitation document incorporates all mandatory commercial item provisions and clauses that are in effect through Federal Acquisition Circular (FAC) 2005-29 dated November 14, 2008. The North American Industrial Classification System (NAICS) code is 721110, and the small business size standard is $7.0 million. This procurement is unrestricted, allowing both large and small business to submit quotations. The Office of Personnel Management (OPM) is soliciting a facility in the Washington DC Metropolitan area to conduct a one-day Contractor Training Conference. This conference is the result of the Training and Management Assistance (TMA) Group’s five-year re-compete process, combining demonstrations of processes and procedures and training presentations to new and incumbent TMA commercial partners. The contractor shall provide all labor, incidental materials, and other services necessary to support services under the resulting contract. See Statement of Objectives in attached solicitation document. OPM intends to award a Best Value Firm Fixed Price contract for this requirement. The period of performance is from date of award through March 31, 2009. Note that the conference must be held prior to March 31, 2009. Offerors are invited to submit their quotations to OPM Contracting Group in response to this notice by 3:00 PM Eastern Standard Time (EST), Tuesday, December 16, 2008. Only e-mailed requests for additional information will be accepted at john.dismond@opm.gov through 3:00 PM (EST), Friday, December 5, 2008. Quotations submitted in response to this notice shall include the solicitation number in the subject line and be signed, dated and submitted via email to john.dismond@opm.gov. Vendors not registered in the Central Contractor Registration (CCR) database at the time the requirement is to be awarded will not be considered. Vendors may register with CCR by calling 1-888-227-2423 or (269) 961-5757, or by accessing www.ccr.gov. 1.BACKGROUND: The Center for Talent Services (CTS) provides high quality, timely, and cost effective products and services that support recruitment, assessment, staffing, effective organizational environment and appropriate use of Human Resources - including automated systems, technical assistance, training management assistance, and development. The Training and Management Assistance (TMA) Group provides project management, contract administration, and Human Resource consulting support to its client agencies. The TMA has a need for a facility in the Washington DC Metropolitan area to host a one-day conference for approximately 200-225 participants. This Contractor Training Conference is the result of the TMA Group’s five-year re-compete process, combining demonstrations of processes and procedures and training presentations to new and incumbent TMA commercial partners. 2.SCOPE: The selected contractor will be required to secure a space in the Washington DC Metropolitan area for a one-day Contractor Training Conference, preferably within two to three blocks of a metro station. It is preferred that this conference takes place on a Tuesday, Wednesday, or Thursday and will be from 7:00AM – 7:00 PM. The conference will not take place on a weekend. The following dates in 2009 are the preferred dates for the event: March 3rd, March 4th, or March 5th. However, if for some reason those dates are not available for the facility, the contractor will make every effort to secure March 10th, March 11th, or March 12th. 3.GOVERNMENT FURNISHED MATERIAL/INFORMATION: Any information necessary to perform the work will be provided to the selected contractor. 4.SUMMARY OF REQUIREMENTS: The contractor will be required to support OPM in securing a site in accordance with the Competition in Contracting Act of 1984 (CICA) and the Federal Acquisition Regulations (FAR). 4.1.Facility must be located in the Washington DC Metropolitan area, and preferably within 2 to 3 blocks of a metro stop. 4.2.The facility must have a large conference, ballroom, or classroom style room able to accommodate approximately 200-225 participants. The room should be able to seat all participants and must accommodate audiovisual equipment of various forms (refer to section 4.14). 4.3.The facility must provide, at minimum, one (1) internet drop for internet access, or wireless connectivity. 4.4.The facility must have one (1) breakout room able to accommodate 50-60 people, classroom style or other configuration. 4.5.All rooms must be well lit, well ventilated, free from distracting noise such as noise from traffic or other guests in corridors, and accessible to the handicapped. 4.6.The rooms must comfortably seat the audience in classroom style (or other configuration) at tables or individual seating that gives attendees a surface for a notebook and note taking. Chairs with arms are preferred, and must be comfortable for long sessions. 4.7.The rooms should contain sound control, even if microphones are used, so that other sessions are not disturbed. 4.8.The facility must have a lobby or other open area close to the training area for registration and breaks. 4.9.Space should be conveniently located near the conference area and large enough to accommodate continental breakfast to be served in the morning, beverages to be served mid-morning, and snacks to be served in the afternoon. 4.10.Meals – (200-225 attendees) 4.10.1.Continental breakfast 4.10.2.Mid-Morning Beverages 4.10.3.Buffet Lunch 4.10.4.PM Snack 4.11.The facility must have a registration area adjacent to the training rooms to accommodate registration for the training participants. 4.11.1.House telephones must be located at the registration table and electrical outlets in close proximity. 4.11.2.The registration area must be large enough to accommodate registration and should be composed of four (4) six-foot tables for handouts and accommodate five (5)chairs. 4.12.The area must include proper wiring for a computer, printer, and any other office equipment needed for registration. 4.13.The facility must guarantee a block of ten (10) rooms for overnight accommodations of OPM staff at the prevailing government rate and rooms must be fully accessible to the handicapped. 4.14.Equipment needs for the conference room are anticipated to be: 4.14.1.One (1) Large Projection Screen 4.14.2.Four (4) Wired Microphone and Podium 4.14.3.Two (2) Wireless Microphones (For use in conference room and for luncheon) 4.15.Equipment needs for the breakout room are anticipated to be: 4.15.1.One (1) Large Projection Screen 4.15.2.One (1) Wired Microphone and Podium 5.DELIVERABLES: The contractor will host a successful 2009 Contractor Conference as a result of the requirements stated in the Statement of Objectives. Rendering of the services must occur before March 31, 2009, and include the following: 1.1Accommodations 1.2Meeting Space 1.3Audio Visual Equipment 1.4Meals The following clauses and provisions apply to this acquisition: Incorporated by reference is FAR 52.212-1, Instructions to Offerors-Commercial Items (OCT 2008). Please pricing in a separate volume from the technical proposal. INSTRUCTIONS FOR PREPARING THE TECHNICAL PORTION OF THE QUOTATION PREPARING THE TECHNICAL PORTION OF THE QUOTATION (a) The offeror shall include in its quotation a discussion of the offeror's proposed technical approach to respond to the requirements in the Summary of Requirements. Present clear and convincing evidence that you understand the scope of work as described in the summary of requirements, and that your technical approach to accomplishing this work is sound. Include: •A narrative describing your understanding of this requirement. •A description of your technical expertise for meeting the requirements of this solicitation. Your narrative should, at a minimum: oIndicate the initial plan to gain an understanding of OPM’s operations needs; oProvide a description of the services to complete the work described in the summary of requirements; and oProvide available dates. (b) In addition to its proposed technical approach, the offeror shall summarize its corporate experience (including results) with contracts similar to this solicitation that the offeror has successfully performed in the past five years. The information presented shall be in sufficient detail to describe the previous experience and effectiveness of the offeror in similar or closely related work, and to demonstrate the offeror’s current ability to accomplish the tasking in this solicitation. This summary should include: •Firm Experience: statement of the offering firm’s level of involvement, degree of success, number of resources and overall performance on efforts involving the provision of meetings, conferences, and events similar in nature to the requirements of this project. •Management Experience: statement of the level of involvement, degree of success, number of resources and overall performance on efforts involving the provision of meetings, conferences, and events similar in nature to the requirements of this project. •Experience of Available Resources: statement of the level of involvement, degree of success, number of resources and overall performance on efforts involving the provision of meetings, conferences, and events similar in nature to the requirements of this project. (c) Also include the following information for three (3) contracts and/or subcontracts for requirements as similar as possible to the current requirement: •Name of contract or project; •Contract Number; •Role (Prime or Subcontractor); •Sponsoring Organization or Company; •Contract type; •Period of Performance; •Total Contract Value; •Contract Manager and telephone number; •Program Manager and telephone number; •Project description, scope of work preformed, services or products delivered; •Major success or accomplishments, and •Major problems, lessons learned, and solution(s) applied if applicable. (d) Offeror(s) are responsible for including sufficient details to permit a complete and accurate evaluation of each proposal. Each file of the proposal shall consist of a Table of Contents, Summary Section and the Narrative discussion. The Summary Section shall contain a brief abstract of the file. Proprietary information shall be clearly marked. INSTRUCTIONS FOR PREPARING THE BUSINESS PORTION OF THE QUOTATION 1.PRICE INFORMATION Offerors shall submit Firm-Fixed Price quotation responses for the following deliverables: Accommodations, Meeting Space, Audio Visual Equipment, and Meals. Offerors shall submit a detailed breakdown of prices for each deliverable. In addition, a summary total amount shall be furnished for the entire project. CLINDescriptionUnitsUnit Cost Extended Cost 001Accommodations$ 002Meeting Space$ 003Audio Visual Equipment$ 004Meals$ TOTAL$ The business portion of the quotation must contain sufficient information to allow the Government to perform a basic analysis of the proposed price of the work. 2.PRICING The vendor shall clarify for each line item if the unit price represents the vendor’s published prices, or lower. 52.212-2 Evaluation—Commercial Items. (JANUARY 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 and are in descending order of importance: 1.Technical capabilities - Evaluation will based on the extent to which you understand the scope of work as described in the Statement of Objectives, and that your technical approach to accomplishing this work is sound to include the following: size, quality of services and accommodations, and location. 2.Past performance - Evaluation will based on your corporate experience (including results) with meeting space, lodging, audio visual equipment and meal service contracts similar to this solicitation that the offeror has successfully performed in the past five years. 3.Price - As technical scores for the contractors become more equal, price becomes a more determinate factor. Technical and past performance, when combined, are significantly more important than price. As technical scores for the contractors become more equal, price becomes a more determinate factor. OPM reserves the right to conduct an on-site inspection of offered facilities. (b) 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 result 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 withdrawal is received before award. FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (JUNE 2008) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision. Incorporated by reference are FAR 52.212-4, Contract Terms and Conditions—Commercial Items (OCT 2008). FAR Clause 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (OCT 2008) with the following additional clauses are applicable: FAR 52.222-3 Convict Labor; 52.222-19 Child Labor – Cooperation with Authorities and Remedies; 52.221-21 Prohibition of Segregated Facilities; 52.222-26 Equal Opportunity; 52.222.36 Affirmative Action for Workers with Disabilities;52.222-50 Combating Trafficking in Persons; 52.225-1 Buy American Act-Supplies; 52.225-13 Restrictions on Certain Foreign Purchases; 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration; 52.222-42 Statement of Equivalent Rates for Federal Hires; FAR 37.107 1965 The Service Contract Act of 1965 (41 U.S.C. 351-357) provides for minimum wages and fringe benefits as well as other conditions of work under certain types of service contracts. The latest wage determination your area may be accessed electronically at website http://www.wdol.gov. The most recent wage determination shall be incorporated in full text to the successful offeror. The full text of FAR references may be accessed electronically at website http://www.acqnet.gov. OPM SPECIFIC CLAUSES 1752.205-70Announcement of Contract Award OPM complies with FAR 5.3, Synopses of Contract Awards, in terms of synopsizing and publicly announcing contract awards. These actions take place at the time of, and not before, the contract is awarded. Contract award, in this case, means signature of the contractual document by the Contracting Officer and forwarding of the contractual document to the contract awardee. If the contract awardee wishes to make a separate public announcement, the awardee must obtain the approval of the Contracting Officer prior to releasing the announcement, and must plan to make announcement only after the contract has been awarded. 1752.209-74Organizational Conflicts of Interest (a)The Contractor warrants that, to the best of the Contractor’s knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest (OCI), as defined in FAR 9.5, Organizational and Consultants Conflicts of Interest, or that the Contractor has disclosed all such relevant information. (b)The Contractor agrees that if an actual or potential OCI is discovered after award, the Contractor shall make a full disclosure in writing to the Contracting Officer. This disclosure must include a description of actions, which the Contractor has taken or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflict. (c)The Contracting Officer may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid an OCI. If the Contractor was aware of a potential OCI prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contacting Office, the Government may terminate the contract for default, debar the Contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract. (d)The Contractor must include this clause in all subcontracts and in lower tier subcontracts unless a waiver is requested from, and granted by, the Contracting Officer. (e)In the event that a requirement changes in such a way as to create a potential conflict of interest for the Contractor, the Contractor must: (1)Notify the Contracting Officer of a potential conflict, and; (2)Recommend to the Government an alternate approach which would avoid the potential conflict, or (3)Present for approval a conflict of interest mitigation plan that will: (i)Describe in detail the changed requirement that creates the potential conflict of interest; and (ii)Outline in detail the actions to be taken by the Contractor or the Government in the performance of the task to mitigate the conflict, division of subcontractor effort, and limited access to information, or other acceptable means. (4)The Contractor must not commence work on a changed requirement related to a potential conflict of interest until specifically notified by the Contracting Officer to proceed. (5)If the Contracting Officer determines that it is in the best interest of the Government to proceed with work, notwithstanding a conflict of interest, a request for waiver must be submitted in accordance with FAR 9.503. 1752.222-70Notice of Requirement for Certification of Nonsegregated Facilities By signing this offer or contract, the contractor will be deemed to have signed and agreed to the provisions of Federal Acquisition Regulations (FAR) Clause 52.222-21, Certification of Nonsegregated Facilities, incorporated by reference in this solicitation/contract. The certification provides that the bidder or offeror does not maintain or provide for its employees, facilities which are segregated on a basis of race, color, religion, or national origin, whether such facilities are segregated by directive or on a de facto basis. The certification also provides that the bidder/offeror does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. FAR Clause 52.222-21 must be included in all subcontracts as well. 1752.222-71 Special Requirements for Employing Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (a)If this contract contains FAR Clause 52.222-35 (Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans), your company must comply with the requirements of this clause, including the listing of employment opportunities with the local office of the state employment service system. (b)If this contract contains FAR clauses 52.222-37 (Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans) or 52.222-38 (Compliance with Veterans’ Employment Reporting Requirements), you are reminded that your company must comply with the special reporting requirements described in those clauses. Your company must submit information on several aspects of its employment and hiring of special disabled and Vietnam era veterans or other veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized. You must submit this information no later than September 30 of each year, in the “Federal Contractor Veterans’ Employment Report” or VETS-100 Report. The U.S. Department of Labor has established a web site for submitting this report. The address is: http://www.vets100.cudenver.edu. 1752.223-71Environmentally Preferable Products and Services (a)Executive Order 13423, Strengthening Federal Environmental, Energy, and Transportation Management, requires in agency acquisitions of goods and services (i) use of sustainable environmental practices, including acquisition of biobased, environmentally preferable, energy-efficient, water-efficient, and recycled-content products, and (ii) use of paper of at least 30 percent post-consumer fiber content. (b) By signing this offer or contract, the contractor will be deemed to have signed and agreed that all goods and services provided under this contract will comply with the above requirements of Executive Order 13423. 1752.224-71Freedom of Information Act Requests (a)Offerors are reminded that information furnished under this solicitation may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore, all items that are confidential to business, or contain trade secrets, proprietary, or personnel information must be clearly marked. Marking of items will not necessarily preclude disclosure when the U.S. Office of Personnel Management (OPM or The Government) determines disclosure is warranted by FOIA. However, if such items are not marked, all information contained within the submitted documents will be deemed to be releasable. (b)Any information made available to the Contractor by the Government must be used only for the purpose of carrying out the provisions of this contract and must not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract. (c)In performance of this contract, the Contractor assumes responsibility for protection of the confidentiality of Government records and must ensure that all work performed by its subcontractors shall be under the supervision of the Contractor or the Contractor's responsible employees. (d)Each officer or employee of the Contractor or any of its subcontractors to whom any Government record may be made available or disclosed must be notified in writing by the Contractor that information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 19 U.S.C. 641. That section provides, in pertinent part, that whoever knowingly converts to their use or the use of another, or without authority, sells, conveys, or disposes of any record of the United States or whoever receives the same with intent to convert it to their use or gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine of up to $10,000, or imprisoned up to ten years, or both. 1752.232-70 Invoice Requirements (a)A proper invoice must include the following items (except for interim payments on cost reimbursement contracts for services): (1) Name and address of the contractor. (2)Invoice date and invoice number. (Contractors should date invoices as close as possible to the date of mailing or transmission.) (3)Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number). (4)Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed. (5)Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading. (6)Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment). (7)Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice. (8)Taxpayer Identification Number (TIN). The contractor must include its TIN on the invoice only if required by agency procedures. (See 4.9 TIN requirements.) (9) Electronic funds transfer (EFT) banking information. (i) The contractor must include EFT banking information on the invoice only if required by agency procedures. (ii) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the contractor must have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds Transfer Information with Offer), 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. (iii) EFT banking information is not required if the Government waived the requirement to pay by EFT. (10) Any other information or documentation required by the contract (e.g., evidence of shipment). (b)ALL OPM original invoices (without exception) must be sent to: US Office of Personnel Management Office of the Chief Financial Officer (OCFO) 1900 E Street, N.W., Room 5475, OCFO Invoice and Payments Washington, D.C. 20415 E-mail: promptpay@opm.gov (c)In addition to the invoice provided to the address in (b) above the contractor must e-mail an additional copy of the invoice to the Contract Administrator at the following address(s) john.dismond@opm.gov or provide two copies of the signed original to John R. Dismond U.S. Office of Personnel Management Contracting Group, CCFAS 1900 E Street, NW, Room 1342 Washington, DC 20415-0001 (d) Inquiries regarding payment of invoices should be directed to the designated billing office, (202) 606-2175. (e) If the supplies, services, technical or other reports are rejected for failure to conform to the technical requirements of the contract, or for damage in transit or otherwise, the invoice will be rejected and returned to the Contractor. 1752.232-71 Method of Payment (a)Payments under this contract will be made either by check or by wire transfer through the Treasury Financial Communications System at the option of the Government. (b)The Contractor must forward the following information in writing to the Contracting Officer not later than seven (7) days after receipt of notice of award: (1)Full Name (where practicable), title, telephone number, and complete mailing address of responsible official(s): (i)to whom check payments are to be sent, and (ii)who may be contacted concerning the bank account information requested below. (2)The following bank account information required to accomplish wire transfers: (i)Name, address, and telegraphic abbreviation of the receiving financial institution. (ii)Receiving financial institution's 9-digit American Bankers Association (ABA) identifying number for routing transfer of funds. (Provide this number only if the receiving financial institution has access to the Federal Reserve Communications System.) (iii)Recipient's name and account number at the receiving financial institution to be credited with the funds. If the receiving financial institution does not have access to the Federal Reserve Communications System, provide the name of the correspondent financial institution through which the receiving institution receives electronic funds transfer messages. If a correspondent financial institution is specified, also provide: (A)Address and telegraphic abbreviation of the correspondent financial institution. (B)The correspondent financial institution's 9-digit ABA identifying number for routing transfer of funds. (c)Any changes to the information furnished under paragraph (b) of this clause shall be furnished to the Contracting Officer in writing at least 30 days before the effective date of the change. It is the Contractor’s responsibility to furnish these changes promptly to avoid payments to erroneous addresses or bank accounts. (d)The document furnishing the information required in paragraphs (b) and (c) must be dated and contain the signature, title, and telephone number of the Contractor official authorized to provide it, as well as the Contractor's name and contract number 1752.233-70 OPM Protest Procedures (a)An interested party who files a protest with OPM has the option of requesting review and consideration of the protest by either the Contracting Officer (CO) or the Senior Procurement Executive (SPE). The protest must clearly indicate the official to whom it is directed. (b)If the protest is directed to the SPE, a copy of the protest must be sent to the Chief of the Contracting Group at the same time the protest is filed with the CO in accordance with FAR 52.233-2. The address of the Chief of the Contract Group is: William N. Patterson, Acting Director Contracting Group, CCFAS U.S. Office of Personnel 1900 E Street N.W., Room 4H30 Washington, DC 20415 (c) Review and consideration of a protest by the SPE is an alternative to review and consideration by the CO. 1752.237-70Non-Personal Services (a)As stated in the Office of Federal Procurement Policy Letter 92-1, dated September 23, 1992, Inherently Governmental Functions, no personalservices shall be performed under this contract. No Contractor employee will be directly supervised by the Government. All individual employee assignments, and daily work direction, shall be given by the applicable employee supervisor. If the Contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor must promptly notify the Contracting Officer of this communication or action. (b)The Contractor must not perform any inherently Governmental actions under this contract. No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No Contractor employee may state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with the contract, Contractor employees must identify themselves as Contractor employees and specify the name of the company for which they work. In all communications with other Government Contractors in connection with this contract, the Contractor employee must state that they have no authority to in any way change the contract and that if the other Contractor believes this communication to be a direction to change their contract, they should notify the Contracting Officer for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer. (c)The Contractor must insure that all of its employees working on this contract are informed of the substance of this clause. Nothing in this clause limits the Government's rights in any way under any other provision of the contract, including those related to the Government's right to inspect and accept the services to be performed under this contract. The substance of this clause must be included in all subcontracts at any tier. 1752.242-70 Contract Performance Information (a)Dissemination of Contract Performance Information The Contractor must not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the results or conclusions made pursuant to the performance of this contract, without the prior written consent of the Contracting Officer. Two copies of any material proposed to be published or distributed must be submitted to the Contracting Officer for approval. (b)Contractor Testimony All requests for the testimony of the Contractor or its employees, and any intention to testify as an expert witness relating to: (a) any work required by, and or performed under, this contract: or (b) any information provided by any party to assist the Contractor in the performance of this contract, must be immediately reported to the Contracting Officer. Neither the Contractor nor its employees must testify on a matter related to work performed or information provided under this contract, either voluntarily or pursuant to a request, in any judicial or administrative proceeding unless approved by the Contracting Officer or required by a judge in a final court order.
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