PRESOL | R | Expert Collective Bargaining Agreement/Labor Relations Consultant - SSA-RFP-11-1011

FBO DAILY ISSUE OF MAY 12, 2011 FBO #3456
SOLICITATION NOTICE

R -- Expert Collective Bargaining Agreement/Labor Relations Consultant - SSA-RFP-11-1011

Notice Date: 5/10/2011
Notice Type: Combined Synopsis/Solicitation
NAICS: 541612 — Human Resources Consulting Services
Contracting Office: Social Security Administration, Office of Budget, Finance, and Management, Office of Acquisition and Grants, 1st Floor, Rear Entrance, 7111 Security Blvd., Baltimore, Maryland, 21244
ZIP Code: 21244
Solicitation Number: SSA-RFP-11-1011
Archive Date: 7/31/2011
Point of Contact: Wanda D Owens, Phone: 4109658095, Christopher A. Brennan, Phone: 4109659532
E-Mail Address: wanda.owens@ssa.gov, Christopher.Brennan@ssa.gov
(wanda.owens@ssa.gov, Christopher.Brennan@ssa.gov)
Small Business Set-Aside: N/A
Description: Dear Prospective Offerors: Dear Prospective Offerors: You are invited to submit a proposal in accordance with the requirements of the enclosed solicitation number SSA-RFP-11-1011, "Expert Collective Bargaining Agreement/Labor Relations Consultant." This requirement is for the acquisition of services that will provide advice and guidance to the Social Security Administration (SSA) concerning negotiations strategy and implementation issues related to collective bargaining agreements. SSA is contemplating the award of a firm fixed type contract in accordance with Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items, FAR Part 15, Contracting by Negotiations. The anticipated period of performance will consist of a base year and two one-year option periods. Section F of the solicitation provides instructions for submitting your proposal as well as criteria in which proposals will be evaluated. The solicitation is available for downloading from the Federal procurement website at http://www.fedbizopps.gov/. Any amendments to the solicitation will be issued electronically via this website. It is the offeror's responsibility to monitor this website for any such amendments. Submit your signed and dated offer electronically to wanda.owens@ssa.gov at or before the exact time specified in this solicitation. Proposals submitted in response to this solicitation will be valid for 120 days (unless a different period is proposed by the offeror). Any questions regarding this solicitation must be submitted electronically to wanda.owens@ssa.gov and received by 5:00 p.m. Eastern Standard Time on Monday, May 16, 2011. Answers to questions that SSA determines to be necessary for proposal preparation will be conveyed to the form of a solicitation amendment and posted at http://www.fedbizopps.gov/. Sincerely, Wanda T. Owens Contracting Officer Section I - Continuation of the Schedule and Description of Supplies and Services.... Addendum to Standard Form 1449..................................................................4 Section A - Price and Costs............................................................................5 A-1 Prices and Costs....................................................................................5 Section B - Description of Supplies and Services..................................................6 B-1 Description of Supplies and Services...........................................................6 B-2 Tasks................................................................................................10 B-3 Period of Performance...........................................................................11 B-4 Place of Performance............................................................................12 B-5 Schedule of Deliverables........................................................................12 Section II - Contract Clauses and Termination and Conditions.............................13 Section C - Addendum to FAR Clause 52.212-4, Contract Terms and Conditions - Commercial Items......................................................................................13 C-1 Addendum to FAR Clause 52.212-4, Contract Terms and Conditions - Commercial Items...............................................................................13 C-2 52.217-8 Option to Extend Services (NOV 1999)..........................................15 C-3 52.217-9 Option to Extend the Term of the Contract (MAR 2000)...................15 C-4 52.252-2 Clauses Incorporated by Reference (FEB 1998)................................15 C-5 Additional clauses - Agency Specific Terms and Conditions in Full Text Observance of Legal Holidays.................................................................16 C-6 Contractor Performance Report..............................................................16 C-7 Contract Administration........................................................................16 C-8 Designation of Government Contract Officer.............................................17 C-9 Designation of Government Contracting Officer's Technical Representative......17 C-10 Technical Direction..............................................................................18 C-11 Project director and Key Personnel........................................................19 C-12 Substitution of Key Personnel...............................................................19 C-13 Government License to Reproduce End Products.......................................20 C-14 Notice of Copyright Patent Prohibition....................................................20 C-15 Warranty Against Duel Compensation....................................................20 C-16 Dissemination Information...................................................................20 C-17 0401 Security and Suitability Requirements (OCT 2008)..............................21 C-18 0402 Federal Information Security Management Act (FISMA) and Agency Privacy Management (OCT 2008)..........................................................26 C-19 AS 2401 - Protection of Confidential Information (DEC 2008)......................27 C-20 AS 2402 Protecting and Reporting the Loss of Personally Identifiable Information: Responsibilities Concerning Individual Employees (DEC 2008)...29 C21 Attachment - Worksheet for Reporting the Loss, Compromise, or Potential Compromise of Personally Identifiable Information....................................36 Section D - Contract Terms and Conditions Required to Implement Statues or Executives Orders - Commercial Items (APR 2011).....................................40 D-1 52.212-5 Contract Terms and Conditions Required to Implement Statues Or Executive Orders - Commercial items (APR 2011)......................................40 Section III - Solicitation Provisions..............................................................47 Section E - Representation and Certifications................................................47 E-1 52.212-3 Offeror Representations and Certifications - Commercial Items (APR 2011)......................................................................................47 Section F - Instructions to Offerors.............................................................62 F-1 Addendum to 52.212-1 Instructions to Offerors - Commercial Items (JUN 2008)............................................................................................62 F-2 52.212-1 Instructions to Offerors Commercial Items (JUN 2008) Addendum...62 F-3 52.216-1 Type of Contract (APR 1984)...................................................66 F-4 52.233-2 Service of Protest (SEP 2006)...................................................66 F-5 52.212-2 Evaluation - Commercial Items (JAN 1999) Addendum.................66 SECTION I - Continuation of the Schedule and Description of Supplies and Services Addendum to Standard Form 1449 In accordance with Federal Acquisition Regulation (FAR) 12.302 and 12.303, this Section I contracts addenda to the Standard Form 1449. The addenda, contained in Sections A and B are part of the continuation of the schedule and description of the supplies and services to be acquired. SECTION A - PRICES AND COSTS A-1 Prices and Costs Pricing shall be entered in boxes 23 and 24 of the Standard Form 1449. SECTION B - DESCRIPTION OF SUPPLIES AND SERVICES B-1 DESCRIPTION OF SUPPLIES AND SERVICES Statement of Work for Expert Collective Bargaining Agreement/Labor Relations Consulting Service. PURPOSE The Social Security Administration (SSA or Agency), Office of the Deputy Commissioner for Human Resources (DCHR), is responsible for managing SSA's national labor-relations program which includes negotiating collective bargaining agreements (CBAs) on behalf of SSA with four national level unions and ensuring implementation of those CBAs nationwide. The program is also responsible for providing advice and guidance to SSA senior level executives and SSA labor and employee relation specialists, in accordance with the Federal Service Labor-Management Relations Statute (5 U.S.C. 71) and Federal Labor Relations Authority (FLRA)/Merit Systems Protection Board (MSPB) case law, on matters concerning bargaining, negotiability, contract administration, unfair labor practices, information requests, arbitrations, component level and national grievances, and employee relations. SCOPE The contractor will provide advice and guidance to SSA senior level executives concerning negotiations strategy and implementation issues related to the master CBA to be re-negotiated between the Agency and the American Federation of Government Employees (AFGE), the bargaining unit comprised of the largest number of SSA employees with 50,000 members. Additionally, the consultant will undertake the activities listed in this contract on an "as-needed" basis to ensure that the soundest advice and guidance is provided to SSA senior level executives. CONTRACTOR'S UNIQUE QUALIFICATIONS The contractor must have experience practicing before or with the FLRA, possess a valid license to practice law in the United States, and demonstrate past experience with negotiating labor agreements between federal agencies and the American Federation of Government Employees (AFGE), National Treasury Employee Union (NTEU), or International Federation of Professional and Technical Engineers (IFPTE). REQUIREMENTS The following types of activities are envisioned under this engagement: 1. Bargaining: Provide advice and guidance, oral or written, upon request, on the duty to bargain under the Statute. Examples- a. Provide advice and guidance, oral or written, supported by FLRA case law and analytical analysis, upon request, on the "bargaining obligations" under the Statute. b. Provide advice and guidance, oral or written, supported by FLRA case law and analytical analysis, upon request, on the "duty to bargain" over an Agency action. c. Provide advice and guidance, oral or written, supported by FLRA case law and analytical analysis, upon request, as to whether an Agency action constitutes a "change" in an existing "condition of employment" that triggers a general "duty to bargain" under the Statute. d. Provide advice and guidance, oral or written, supported by FLRA case law and analytical analysis, upon request, as to whether a management action is "covered by" an existing agreement. e. Provide advice and guidance, oral or written, supported by FLRA case law and analytical analysis, upon request, as to whether a union has "waived" any statutory right to bargain over a "change." f. Provide advice and guidance, oral or written, supported by FLRA case law and analytical analysis, upon request, as to whether a national agreement has modified the "statutory duty to bargain." g. Provide advice and guidance, oral or written, supported by FLRA case law and analytical analysis, upon request, as to whether an Agency action triggers a "contractual duty to bargain" under an applicable national agreement. 2. Negotiations: Provide advice and guidance, oral or written, upon request, as to whether a specific union proposal is within the "statutory scope of bargaining." Examples- a. Provide advice and guidance, oral or written, supported by FLRA case law and analytical analysis, upon request, as to whether a specific union proposal "conflicts" with a "statutory management right." b. Provide advice and guidance, oral or written, supported by FLRA case law and analytical analysis, upon request, as to whether a specific union proposal constitutes an "appropriate arrangement." c. Provide advice and guidance, oral or written, supported by FLRA case law and analytical analysis, upon request, as to whether a specific union "appropriate arrangement" proposal "excessively interferes" with a "reserved statutory management right." d. Provide advice and guidance, oral or written, supported by FLRA case law and analytical analysis, upon request, as to whether a specific union proposal "conflicts" with a Federal law and whether there is "unfettered discretion." e. Provide advice and guidance, oral or written, supported by FLRA case law and analytical analysis, upon request, as to whether a specific union proposal conflicts with a "government-wide regulation." f. Provide advice and guidance, oral or written, supported by FLRA case law and analytical analysis, upon request, as to whether a specific union proposal conflicts with an "agency regulation" for which there is a "compelling need." g. Provide advice and guidance, oral or written, supported by FLRA case law and analytical analysis, upon request, as to whether there is a "duty to bargain" over a specific union proposal. 3. Contract Administration: Provide advice and guidance, oral or written, upon request, as to whether a particular Agency action is in compliance with contractual obligations. Examples- a. Provide advice and guidance, oral or written, upon request, on how the Agency can take a specific action or sequence of actions and be in compliance with contractual obligations. b. Provide advice and guidance, oral or written, upon request, as to whether a particular Agency action that has taken place was in compliance with contractual obligations. 4. Union Representation: Provide advice and guidance, oral or written, upon request, as to whether a particular situation triggers a union representation right under the Statute or a national agreement. Examples- a. Provide advice and guidance, oral or written, supported by FLRA case law and analytical analysis, upon request, as to whether a union is entitled under the Statute or a national agreement to be represented at a particular meeting. b. Provide advice and guidance, oral or written, supported by FLRA case law and analytical analysis, upon request, as to whether a particular employee is entitled to union representation, upon request, under the Statute or a national agreement at a particular meeting. c. Provide advice and guidance, oral or written, supported by FLRA case law and analytical analysis, upon request, as to whether the Agency may discuss a particular matter with an employee, whether or not the employee requested a union representative. 5. Arbitration: Provide advice and guidance, oral or written, upon request, on the Federal sector arbitration process. Examples- a. Provide advice and guidance, oral or written, supported by FLRA case law and analytical analysis, upon request, as to arguments to present to an arbitrator concerning the negotiability of a union's interpretation of a national agreement. b. Provide advice and guidance, oral or written, supported by FLRA case law and analytical analysis, upon request, as to whether exceptions to an arbitration award are appropriate and arguments in support of exceptions. 6. Unfair Labor Practice (ULP) Charges: Provide advice and guidance, oral or written, supported by FLRA case law and analytical analysis, upon request, concerning options to respond to a ULP charge and the submission of a statement of position and supporting documentation and affidavits. 7. Information: Provide advice and guidance, oral or written, supported by FLRA case law and analytical analysis, upon request, concerning whether the Agency is required to furnish certain information to a union under the Statute or a national memorandum of understanding (MOU). 8. Midcontract Bargaining: Provide advice and guidance, oral or written, supported by FLRA case law and analytical analysis, upon request, regarding strategies for on going "midcontract bargaining," including "last best offer," "fulfilling the bargaining obligation," "bargaining in good faith," "implementation" options, "impasse," and arguments before a "third party." 9. Agency Initiatives: With respect to defined major agency initiatives, provide advice and guidance, oral or written, supported by FLRA case law and analytical analysis, upon request, as to the labor relations obligations, both statutory and contractual, and options for satisfying those obligations while timely implementing the initiative. 10. AFGE Term Agreement: Provide advice and guidance, oral or written, supported by FLRA case law and analytical analysis, upon request, regarding strategies for bargaining a successor term agreement with AFGE. 11. NTEU Term Agreement: Provide advice and guidance, oral or written, supported by FLRA case law and analytical analysis, upon request, regarding strategies for bargaining a successor term agreement with NTEU. 12. IFPTE Term Agreement: Provide advice and guidance, oral or written, supported by FLRA case law and analytical analysis, upon request, regarding strategies for bargaining a successor term agreement with IFPTE. 13. Component and National Level Grievances: Provide advice and guidance, upon requite, for Agency responses to component and national level grievances at the third step. 14. Employee Relations: Provide advice and guidance, oral or written, upon request, on strategies for processing specific performance and conduct matters, and strategies for managing the Agency's nationwide labor-management and employee relations program. B-2 TASKS The Contractor shall perform the following tasks: The contractor shall provide strategic guidance and legal consultation services for the Agency's upcoming term negotiations with AFGE as well as legal advice and guidance on the implementation of any new SSA/AFGE CBA. Moreover, the contractor will provide advice and guidance on an "as needed" basis to SSA senior level executives concerning matters within the "scope" of the contract. The tasks listed in this contract apply to the full performance period (base year, plus two option years, if exercised). TASK 1: CONTACT WITH CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE Subtask 1.1: Meetings with SSA Contracting Officer's Technical Representative The contactor shall meet on an "as needed" basis with the management from DCHR's Office of Labor Management and Employee Relations (OLMER) and the SSA Contracting Officer's Technical Representative (COTR) to discuss issues related to term negotiations with SSA's four unions, contract implementation, and other pertinent issues related to the SSA labor relations program as defined by the "scope" of the contract. The meetings will be conducted via telephone. Subtask 1.2: Provision of analyses and recommendations on an ongoing basis to DCHR/OLMER The contractor will respond to inquiries from DCHR/OLMER and provide comments, including legal analysis supported by case law, as needed. These responses shall be delivered orally and in writing as determined by COTR. Subtask 1.3: Telephone Contact & Electronic Mail Contact with SSA Staff The contractor shall maintain routine telephone and electronic mail contact with SSA staff, as required, to successfully accomplish all the requirements of this contract. Subtask 1.4: Travel Extensive or regular travel to SSA, or remote sites, is not anticipated under this contract; however, a limited amount of travel may be required in the performance of the tasks described in this contract. Definitive quantities and duration of such travel are unknown at the time of award. Any such travel must be deemed reasonable and approved by the Government through a separate, formal task order/contract modification. All travel shall be conducted only after prior notification of and approval by the Government via modification. The contractor's prior notification of the need for travel shall be directed to the COTR at least two weeks prior to the travel occurring (if possible) and shall contain a detailed definition of travel to be performed, including: schedule, mode of transportation, locations, duration, personnel involved, and purpose of each trip. The Government will make no payments or reimbursements for contractor incurred travel costs that are not in accordance with FAR 31.205-46 Travel Costs. TASK 2: REPORTS/LEGAL MEMORANDA The contractor will perform the necessary review and analysis of case law applicable to the federal labor sector and provide expert recommendations pertaining to bargaining, negotiability, contract administration, union representation, arbitration, unfair labor practice charges/complaints, mid-term negotiations, component and national level grievances, and employee relations. Recommendations will be submitted in legal memorandum format which must include the issue, applicable statutory authority and case law, analysis, and final conclusion/recommendation. TASK 3: MONTHLY REPORT The contractor shall submit a Monthly Report to the Contracting Officer's Technical Representative which indentifies by date the work performed for Tasks 1 and 2. B-3 PERIOD OF PERFORMANCE The period of performance will consist of a base year, beginning from the date of contract award and two one-year options, exercised at the Government's discretion in accordance with the contract. SSA anticipates contract award on or about June 30, 2011. B-4 PLACE OF PERFORMANCE Most work will be performed at the contractor's facility. The contractor shall maintain routine telephone and electronic mail contact with SSA staff, as required, to successfully accomplish all the requirements of this contract. Some travel to various SSA locations may be required. All travel shall be pre-approved by the COTR. Travel shall be in accordance with FAR 31.205-46 Travel Costs. B-5 SCHEDULE OF DELIVERABLES DELIVERABLE TASK FORMAT DUE DATE Oral or written comments and recommendations on issues pertaining to SSA's nationwide labor relations program, including but not limited to, strategic advice and legal guidance regarding term negotiations. 1 Oral or written As required. See notes below related to travel requirements. Reports or legal memoranda provided on an "as needed" basis to DCHR/ OLMER related to the issues listed in this contract. 2 Written As required. Final Recommendations - 10 days after receipt of request. Monty Report 3 Written Monthly - No later than the 15th of the month. SECTION II- Contract Clauses and Terms and Conditions Section C - Addendum to FAR Clause 52.212-4, Contract Terms and Conditions - Commercial Items (JUN 2010) C-1 Addendum to FAR Clause 52.212-4, Contract Terms and Conditions - Commercial Items (JUN 2010) In accordance with FAR 12.301 and 12.302, the clause at 52.212-4 is incorporated by reference with the exception of Paragraph (g) which are hereby tailored as follows: INVOICE SUBMISSION AND PAYMENT RELATED INFORMATION A. Additional Invoice Requirements Invoices shall be forwarded to the COTR in addition to the official submission to SSA Office of Finance described below: Taxpayer Identification Number (TIN) To assist the Government in making timely payments pursuant to the requirements of FAR 52.212-4 paragraph (i)(2), it is requested that you include your TIN on each invoice submitted under this contract. Invoices shall also contain the contract number, DUNS Number, and applicable line item numbers. B. Designated Billing Office You may submit your invoice, electronically via email, by regular mail, or by hand carrying it to the Office of Finance at the addresses below. Your invoice must include all of the elements of a proper invoice as defined in the invoice or payment clause used in this award as well as any other information required below or in the contract. SENDING THE INVOICE ELECTRONICALLY: Submit your invoice either as an attachment to an email message, or within the message itself, to: OFPO.OF.DAP.INVOICES@ssa.gov. FOR INVOICES NOT SUBMITTED ELECTRONICALLY: Submit an original and three (3) copies of the invoice to: If sent by mail: Social Security Administration Office of Finance Post Office Box 47 Baltimore, Maryland 21235-0047 If Hand Carried: Social Security Administration Office of Finance Customer Service Help Desk 2-B-4 East Low Rise Building 6401 Security Boulevard Baltimore, Maryland 21235-0047 The telephone number of the customer service help desk is (410) 965-0607. TAXPAYER IDENTIFICATION NUMBER (TIN) AND DUN&BRADSTREET NUMBER (DUNS): In order to assist the government in making timely payments, please include your TIN, your DUNS#, and the Order Number on each invoice. SUBMISSION OF ELECTRONIC FUNDS TRANSFER (EFT) INFORMATION AND REMITTANCE INFORMATION: The Government shall make payment to the Contractor using the EFT information contained in the Central Contractor Registration (CCR) database. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the CCR database. Remittance information associated with EFT payments is now available via the Internet Payment Platform (IPP) on the Department of Treasury¡¦s Internet site at http://www.ipp.gov. The IPP site provides an explanation of how the system works, security and access information, a user demonstration, and registration information. There is no charge to use the IPP system. You may also direct payment inquiries to SSA's Office of Finance by: (1) Using its Financial Interactive Voice Response System (FIVR). FIVR is an automated self-service telephone system available 24 hours a day that allows direct electronic access to administrative payment information using the telephone keypad. You can access FIVR by calling (410) 965-0607. The services available through FIVR will be available through a Telecommunications Device for the Deaf (TDD) Line at 410-597-1395. Customer Service Representatives will be available to answer vendor payment inquiries Monday - Friday, between 8 a.m. and 4:30 p.m. Eastern Time. (2) By sending an email to payment.inquiries@ssa.gov, or visiting its internet site at http://www.socialsecurity.gov/vendor/contact.htm. You can also access the IPP system through a link on this site. C-2 52.217-8 Option to Extend Services. (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days prior to the expiration of the contract C3 52.217-9 Option to Extend the Term of the Contract. (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor at any time prior to the expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 42 months C-4 52.252-2 Clauses Incorporated by Reference. (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/far/index.html 52.212-4 Contract Terms and Conditions - Commercial Items. (JUN 2010) 52.212-5 Contract Terms and Conditions Required to Implement (APR 2011) Statutes or Executive Orders-Commercial Items 52.203-3 Gratuities (APR 1984) 52.203-12 Limitation on Payments to Influence Certain Federal (OCT 2010) Transactions 52.204-4 Printed or Copied Double-Sided on Recycled Paper (Aug 2000) 52.223-14 Toxic Chemical Release Reporting (AUG 2003) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and (DEC 2007) Copyright Infringement 52.227-14 Rights in Data - General (DEC 2007) 52.232-18 Availability of Funds (APR 1984) 52.242-13 Bankruptcy (JUL 1985) 52.242-15 Stop-Work Order (AUG 1989) C-5- Additional Clauses - Agency Specific terms and conditions in Full text Observance of Legal Holidays (a) Government personnel observe the listed days as holidays: New Years Day Washington's Birthday Memorial Day Labor Day Veteran's Day Independence Day Christmas Day Martin Luther King's Birthday Thanksgiving Day Columbus Day Any other day designated by Federal Statute Any other day designated by Executive order Any other day designated by the President's Proclamation (b) It is understood and agreed between the Government and the Contractor that observance of such days by Government Personnel shall not "on-its-face" be cause for an additional period of performance or entitlement of compensation except as set forth in this contract. C-6 CONTRACTOR PERFORMANCE REPORT Interim and final evaluations of contractor performance shall be conducted on this contract in accordance with FAR 42.15, and will be prepared using the Department of Defense's Contractor Performance Assessment Report System (CPARS). The final performance evaluation shall be completed at the time of completion of work. Interim and final evaluations will be submitted to the Contractor as soon as practicable. The Contractor will be permitted thirty days to review the document and to submit additional information or a rebutting statement C-7 CONTRACT ADMINISTRATION The contractor's representative responsible for handling contract administration is: NAME: _______TO Be Determined At time of Award______ TITLE: _________________________________ ADDRESS: _________________________________ _________________________________ TELEPHONE NUMBER: _____________________ (to be named by offeror in its proposal, and will be filled in at time of contract award) C-8 DESIGNATION OF GOVERNMENT CONTRACT OFFICER Wanda T. Owens, Contract Officer, Division of Programs Contracts, has been assigned to administer the contractual aspects of this contract. However, changes in the Scope of Work, contract cost, price, quantity, quality or delivery schedule shall be made only by the Contracting Officer by a properly executed modification. Submit all correspondence that in any way concerns the terms or conditions of this contract directly to the Contract Specialist at the following address: Social Security Administration Office of Acquisition and Grants ATTN: Wanda T. Owens, Contract Specialist 7111 Security Boulevard 1st Floor-Rear Entrance Baltimore, Maryland 21244 Telephone Number -- 410-965-80952 Email - wanda.owens@ssa.gov C-9 DESIGNATION OF GOVERNMENT CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (a) The individual(s) named below is hereby designated as the Government Contracting Officer's Technical Representative (COTR). If an alternate COTR is also listed below, that person will serve in the COTR's stead when the COTR is unavailable. The COTR is responsible for the technical administration of this contract, in accordance with the provisions of the clause included herein entitled, "Technical Direction." NAME ADDRESS TELEPHONE NUMBER COTR * * Alternate (as applicable) * * *TO BE PROVIDED AT TIME OF CONTRACT AWARD (b) The COTR, or his/her authorized representative, shall be responsible for coordinating with the contractor the technical aspects of the contract. The COTR is not authorized to make any changes which affect the contract amount, terms or conditions. The contracting officer is the only person with the authority to act as agent of the Government under this contract. Only the contracting officer has authority to: (1) direct or negotiate any changes in the Statement of Work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the contractor any costs incurred during the performance of this contract; or (5) otherwise change any terms and conditions of this contract. C-10 TECHNICAL DIRECTION Performance of the work under this contract shall be subject to the technical direction of the COTR. The term "technical direction" is defined to include, without limitation, the following: (a) Directions to the contractor which redirect the contract effort, shift work emphasis between work areas or tasks, require the pursuit of certain lines of inquiry, fill in details or otherwise serve to accomplish contractual statements of work. (b) Provision of information to the contractor which assists in the interpretation of specifications or technical portions of the work description. (c) Review and, where required by contract, approval of specifications or technical information to be delivered by the contractor to the Government under the contract. Technical direction must be within the general scope of work stated in the contract. The COTR does not have the authority to, and may not, issue any technical direction which: (1) constitutes the assignment of any additional work outside the general scope of the contract; (2) constitutes a change as defined in the contract clause entitled, "Changes;" (3) in any manner causes an increase or decrease in the total estimated contract cost, fixed fee or time required for the contract performance or (4) changes any of the expressed terms, conditions or specifications of the contract. All technical directions shall be issued in writing by the COTR or shall be confirmed by him/her in writing within 5 working days after issuance. The contractor shall proceed promptly with the performance of technical directions duly issued by the COTR in the manner prescribed by this article and within his/her authority under the provisions of this article. If, in the opinion of the contractor, any instruction or direction issued by the COTR is within one of the categories as defined in (1) through (4) above, the contractor shall not proceed, but shall notify the contracting officer, in writing, within 5 working days after receipt of any such instruction or direction and shall request the contracting officer to modify the contract accordingly. Upon receiving such notification from the contractor, the contracting officer shall issue an appropriate contract modification or advise the contractor, in writing, that, in his/her opinion, the technical direction is within the scope of this article and does not constitute a change under the "Changes" clause of the contract. The contractor shall thereupon proceed immediately with the direction given. A failure of the parties to agree upon the nature of the instruction or direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the contract clause entitled, "Disputes." C-11 PROJECT DIRECTOR AND KEY PERSONNEL (a) The performance of the services required by this contract shall be conducted under the direction of (to be named by offeror in its proposal, and will be filled in at time of award). The Government reserves the right to approve or disapprove any successor to these individuals. Project Director: _________________________________________________ Name Telephone Number Alternate Project Director: _________________________________________________ Name Telephone Number (b) The key personnel under this contract shall be: [to be named by offeror in its proposal, and will be filled in at time of award] C-12 SUBSTITUTION OF KEY PERSONNEL (a) The offeror agrees to assign to any ordered task those persons whose resumes were submitted with his proposal who are necessary to fill the requirements of the contract. No substitutions shall be made except in accordance with this clause. (b) The offeror agrees that during the first ninety (90) days of the contract performance period no personnel substitutions will be permitted unless such substitutions are necessitated by an individual's sudden illness, death, or termination of employment. In any of these events, the contractor shall promptly notify the contracting officer and provide the information required by Paragraph (c) below. After the initial ninety (90) day period, all proposed substitutions must be submitted, in writing, at least fifteen (15) days, (thirty (30) days if security clearance is to be obtained), in advance of the proposed substitutions to the contracting officer, and provide the information required by Paragraph (c) below. (c) All requests for substitution must provide a detailed explanation of the circumstance necessitating the proposed substitution, a complete resume for the proposed substitute and any other information requested by the contracting officer needed by him to approve or disapprove the proposed substitution. All proposed substitutes must have qualifications that are equal to or higher than the qualifications of the person to be replaced, in addition to the minimum requirements stated herein. The contracting officer or his authorized representative will evaluate such requests and promptly notify the contractor of his approval or disapproval thereof. (d) The contractor further agrees to include the substance of this clause in any subcontract which he may award under this contract. C-13 GOVERNMENT LICENSE TO REPRODUCE END PRODUCTS All material developed under this contract becomes the property of the Government. Accordingly, for all work developed and completed under this contract, the Government will have an unrestricted license to make and distribute copies at its discretion. C-14 NOTICE OF COPYRIGHT PATENT PROHIBITION The contractor is prohibited in the copyright/patent of any item produced under this contract and/or is prohibited from claiming copyright/patent in its assistance in production of other items resulting from compensation received under this contract. C-15 WARRANTY AGAINST DUEL COMPENSATION The contractor warrants that no part of the total contract amount provided herein shall be paid, directly or indirectly, to any officer or employee of the Social Security Administration as wages, compensation or gifts for acting as officer, employee or consultant to the contractor in connection with any work contemplated or performed under, or in connection with, this contract. Furthermore, if the contractor is involved in two or more projects, at least one of which is supported by Federal funds, it may not be compensated for more than 100 percent of its time during any part of the period of dual involvement. C-16 DISSEMENTATION INFORMATION Data and information either provided to the contractor, or to any subcontractor or generated by activities under the proposed contract shall be privileged. The contractor, and any subcontractors, shall be restricted from duplicating, using or disclosing such data or information, in whole or in part, outside the Social Security Administration for any purpose other than the fulfillment of the requirements set forth in this contract. This restriction does not limit the contractor's right to use such data or information if it is obtained from a nonrestricted source. Any questions about "privileged information" shall be referred to the Government Contracting Officer's Technical Representative, through the Contracting Officer. C-17 0401 Security And Suitability Requirements (OCT 2008) a. Acronyms and Definitions • Access to a facility, site, system or information means physical access to any Social Security Administration (SSA) facility or site, logical access to any of SSA's information systems, or access to programmatic or sensitive information. CO - Contracting Officer CPSPM - Center for Personnel Security and Project Management COTR - Contracting Officer's Technical Representative PIV - Personal Identity Verification b. Purpose This clause provides information regarding the Social Security Administration's (SSA) policies and procedures regarding the conduct of background investigations. The purpose of these investigations is to determine the suitability of contractor employees needing access to an SSA facility, site, system, or information. The clause also describes the process to obtain a PIV credential to gain access. The successful contractor will be required to follow the procedures set forth in this clause commencing at the time of award. SSA requires all contractor employees to visit an SSA facility to obtain a credential after SSA has conducted and favorably adjudicated a background investigation. The COTR will inform the contractor of the location and time to obtain a credential. This clause must be included in all subcontracts awarded by the contractor wherein subcontractor employees will have access to a facility, site, system, or information. c. Authorities • Homeland Security Presidential Directive 12 (HSPD-12) Office of Management and Budget Memorandum M-05-24 The Crime Control Act of 1990, Public Law 101-647, subtitle E, as amended by Public Law 102-190 (for childcare center security requirements) Executive Orders 10450 and 12968 and Title 5, Code of Federal Regulations (CFR), Parts 731, 732 and 736 (for positions assigned a "National Security" designation) d. Background Investigation and Adjudication Process The background investigation and adjudication processes are compliant with 5 CFR 731. e. Required Forms All contractor employees who will have access to a facility, site, system, or information must complete and submit to SSA the following forms. Some of the forms are available electronically (see website addresses below): 2 Forms FD-258, Applicant Fingerprint Chart (The CO will provide the FD-258 forms at the time of the contract award.) NOTE: The contractor will be responsible for obtaining and providing acceptable fingerprints for use by SSA. Regardless of the method used to fingerprint employees (electronic capture or ink) the only acceptable fingerprint card is the FD-258. Optional Form 306, Declaration for Federal Employment http://www.opm.gov/forms/html/of.asp Fair Credit Reporting Act (FCRA) Authorization Form http://www.opm.gov/extra/investigate/fin-1998/fin9802.asp If the employee is not a U.S. Citizen, the employee must provide SSA with a legible photocopy of his or her work authorization permit and social security card. In addition to the forms above, every employee who will have access to a facility, site, system, or information must complete and submit ONE of the following forms: Standard Form (SF) 85 for risk level 1 (Public Trust, Low Risk/Non-Sensitive), http://www.opm.gov/forms/html/sf.asp Standard Form (SF) 85P for sensitivity levels 5 or 6 (Public Trust, Moderate or High Risk), http://www.opm.gov/forms/html/sf.asp Standard Form (SF) 86 for sensitivity levels 2, 3 or 4 (National Security, Non-Critical, Critical -Sensitive or Special Sensitive), http://www.opm.gov/forms/html/sf.asp The risk designation associated with the work that the particular individual will be performing will determine which form the individual must complete. For this contract, the following risk designation(s) apply: Labor Category Risk Designation AllLow -1 f. Forms Completion The contractor must ensure that all forms are fully completed and signed prior to submission to SSA. The contractor must ensure that the fingerprint charts and all forms are printed legibly or typed in black ink and all signatures are in black ink. The contractor must also ensure there are no "breaks" in residences or employment. SSA requires complete addresses, including zip codes and phone numbers. g. Forms Submission The contractor shall submit a cover sheet, including the contract number, name, and social security number of all contract employees for whom they are requesting a suitability determination, along with completed forms and one FD-258 fingerprint chart to: SSA CPSPM Security and Suitability Team 6401 Security Boulevard Room 1260 Dunleavy Building Baltimore, MD 21235 Simultaneously, the contractor must submit a copy of the cover sheet to the COTR. The contractor must submit these forms at least 15 days prior to the date work is to begin. For new contract employees who will need access to an SSA facility, site, information, or system, the contractor must submit these forms at least 15 days prior to beginning work under the contract. h. Preliminary Suitability Determination A Federal Bureau of Investigation fingerprint check will be used as part of the basis for making a preliminary suitability determination. If SSA makes a favorable preliminary suitability determination, the individual may perform under the contract pending SSA's final suitability determination. CPSPM will notify contractors, with carbon copy (cc) notifications sent to both the COTR and CO, of the results of these determinations. SSA requires each contractor employee who will have access to a facility, site, system, or information to present two forms of identification after the contractor employee receives notification of a preliminary suitability determination but prior to beginning work under the contract. In order for SSA to continue the background investigation process and enroll the contractor employee in the PIV credentialing process, at least one of the forms of identification must be a Government-issued photo ID (please see Employment Eligibility Verification, I-9, for acceptable forms of ID). i. Final Suitability Determination Final suitability determinations are made in approximately 45-90 business days after submittal of the completed forms to CPSPM. If CPSPM determines that any employee is unsuitable, the COTR, CO, and contractor will be notified and SSA will revoke the employee's physical and logical access. The contractor must confirm receipt of the revocation within one business day. A contractor is not entitled to an equitable adjustment of the contract as a result of SSA making an unfavorable suitability determination on contractor employees. Additionally, if SSA determines that the number or percentage of unfavorable determinations make successful contract performance unlikely, SSA may terminate the contract for cause or default. j. Exceptions The COTR may request an exception to the normal background investigation process for emergency situations when access to a facility or site is needed, but where access to information systems or programmatic information is not required. This request must be directed to CPSPM. COTRs may request an exception by sending an email to dchr.ope.hspd12appeals@ssa.gov. If CPSPM grants temporary access, that temporary access will apply only for the period specified by CPSPM and only for the specific contract employee(s) identified by the COTR. CPSPM expects that it will rarely grant exceptions. k. Contractor Notification to Government The contractor shall notify the COTR (who will notify CPSPM and the CO) within one business day if an employee is arrested or charged with a crime during the term of this contract, or if there is any other change in the employee's status (e.g., the employee leaves the company; the employee no longer works under the contract; the employee's alien status changes) that could impact the suitability determination for that individual. The contractor must provide in that notification as much detail as possible, including, but not limited to: employee name(s), contract number, the type of charge(s), if applicable, the court date, and, if available, the disposition of the charge(s). l. Government Control The Government has full control over and may grant, deny, or withhold access to a facility, site, system, or information and may require the COTR and contractor to remove personnel from performing under the contract for reasons related to conduct even after the individual has been found suitable to work on the contract (see paragraph n., below). m. Appeals Process for Unsuitable Determinations The contractor must notify the employee of any unsuitable determinations as soon as possible after receipt of such a determination. If the employee would like clarification or wish to appeal an unsuitable determination, his/her request must be in writing and submitted within 30 days of the date of the unsuitable determination. The request can be emailed to SSA at dchr.ope.hspd 12 appeals@ssa.gov, or mailed to: Social Security Administration Attn: CPSPM Suitability Program Officer 6401 Security Boulevard Room 1260 Dunleavy Building Baltimore, MD 21235 n Removal From Duty SSA may request that the contractor immediately remove any contractor employee(s) from working under the contract based on conduct that occurs after a pre-screening approval or favorable suitability determination. The contractor must comply with these requests. The Government's determination may be made based on, but not limited to, incidents involving the misconduct or delinquency as set forth below: i. Violation of the Rules and Regulations Governing Public Buildings and Grounds, 41 Code of Federal Regulations 101-20.3. This includes any local badging requirements. ii. Neglect of duty, including sleeping while on duty, unreasonable delays or failure to carry out assigned tasks; conducting personal affairs while on duty; and refusing to cooperate in upholding the integrity of SSA's security program. iii. Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records, or concealment of material facts by willful omissions from official documents or records. iv. Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions, or fighting. Also, participating in disruptive activities, which interfere with the normal and efficient operations of the Government. v. Theft, vandalism, or any other criminal actions. vi. Selling, consuming, possession of, or being under the influence of intoxicants, drugs, or substances which produce similar effects. vii. Improper use of official authority or credentials. viii. Unauthorized use of communications equipment or Government property. ix. Misuse of weapon(s) or tools used in the performance of this contract. x. Unauthorized access to areas not required for the performance of the contract. xi. Unauthorized access to employees' personal property. xii. Violation of security procedures or regulations. xiii. Prior determination by SSA or other Federal agency that a contractor's employee was unsuitable. xiv. Unauthorized access to, or disclosure of, agency programmatic or sensitive information, or IRS Tax Return information. xv. Unauthorized access to an agency Automated Information System. xvi. Unauthorized access of information for personal gain (including, but not limited to, monetary gain), or with malicious intent. xvii. Not providing for the confidentiality of and protection from disclosure of information entrusted to them. Contractor personnel are considered the same as Federal employees for the purposes of applying certain provisions of: The Privacy Act of 1974; The Tax Reform Act of 1976 and the Taxpayer Browsing Protection Act of 1997; SSA regulation 1; The Computer Fraud and Abuse Act of 1986; and Section 1106 of the Social Security Act. C-18 0402 Federal Information Security Management Act (FISMA) and Agency Privacy Management (October 2008) 1. Definitions The following terms are defined for the purposes of this clause: "Agency" means the Social Security Administration (SSA). "OAG" means the Office of Acquisition and Grants at SSA. 2. Agency Responsibility related to FISMA Training Requirements The Federal Information Security Management Act of 2002 (FISMA) (Title III, Pub. L. No. 107-347) and the Office of Management and Budget (OMB) policy (through Circular A-130, Appendix III) require that all Agency employees, as well as contractor and subcontractor employees working under Agency service contacts, receive periodic training in computer security awareness and accepted computer security practice of all employees, including contractors. This includes training for contractor personnel who do not have access to electronic information systems. The training level is tailored to the risk and magnitude of harm related to the required activities. SSA's Security Awareness bulletin adequately covers the required IT security and privacy awareness training for this contract. The bulletin is located on OAG's internet site (see information in Paragraph 3 below). This training does not preclude any additional training specified elsewhere in this contract. 3. Contractor Responsibilities related to FISMA Training Requirements a. Following contract award, the contractor shall ensure that all contractor employees performing under this contract have signed the security bulletin entitled "SSA Security Awareness: Contractor Personnel Security Certification." This requirement also applies to contractor employees added to the contract after contract performance has commenced. A copy of this form is located on OAG's Internet website. b. The contractor must receive signed copies of the bulletin from each employee working under the contract within 45 days following contract award, or within 45 days after a contractor employee begins working under the contract. c. The contractor shall send an email to security.awareness.training@ssa.gov, with a copy to the contracting officer, within 60 days following contract award and anytime a new contractor employee is added to perform work under the contract. The contractor will include in the email the number of employees who have signed the security awareness bulletin. d. The contractor shall retain copies of these signed bulletins for potential future SSA audits for a period of three years after final payment (per FAR 4.703). e. For each successive year the contract is in operation, the contractor shall repeat the processes described in items 3. a. - d., above, on an annual basis. The contractor must submit the information in 3.c, above, within 60 days of: (i) the date the option was renewed, or (ii) the anniversary of the contract award date. 4. Applicability of this Clause to contractor/subcontractor employees The contractor is required to include a clause substantially the same as this in all subcontracts awarded for technical or support services under the prime contract. This clause shall require the subcontractors to report the information listed in Paragraph 3 of this clause to the contractor and the contractor will be responsible for reporting all applicable numbers to SSA. The subcontractor shall be responsible for maintaining its signed forms as detailed in Paragraph 3.d. C-19AS 2401 - Protection of Confidential Information (DEC 2008) (a) Confidential information, as used in this clause, means information or data, or copies or extracts of information or data, that is: (1) provided by the Social Security Administration (SSA) to the contractor for, or otherwise obtained by the contractor in, the performance of this contract; and (2) of a personal nature about an individual, such as name, home address, and social security number, or proprietary information or data submitted by or pertaining to an institution or organization, such as employee pay scales and indirect cost rates. (b) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information or categories of information that the Government will furnish to the Contractor or that the Contractor is expected to generate which are confidential. Similarly, the Contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. The confidential information will be used only for purposes delineated in the contract; any other use of the confidential information will require the Contracting Officer's express written authorization. The Contracting Officer and the Contractor will settle any disagreements regarding the identification pursuant to the "Disputes" clause. (c) The Contractor shall restrict access to all confidential information to the minimum number of employees and officials who need it to perform the contract. Employees and officials who need access to confidential information for performance of the contract will be determined in conference between SSA's Contracting Officer, Contracting Officer's Technical Representative, and the responsible Contractor official. Upon request, the Contractor will provide SSA with a list of "authorized personnel," that is, all persons who have or will have access to confidential information covered by this clause. (d) The Contractor shall process all confidential information under the immediate supervision and control of authorized personnel in a manner that will: protect the confidentiality of the records; prevent the unauthorized use of confidential information; and prevent access to the records by unauthorized persons. (e) The Contractor shall inform all authorized personnel with access to confidential information of the confidential nature of the information and the administrative, technical and physical safeguards required to protect the information from improper disclosure. All confidential information shall, at all times, be stored in an area that is physically safe from unauthorized access. See paragraph (f) below regarding the minimum standards which the safeguards must meet. Whenever the Contractor is storing, viewing, transmitting, or otherwise handling confidential information, the Contractor shall comply with the applicable standards for security controls that are established in the Federal Information Security and Management Act (FISMA). (These standards include those set by the National Institute of Standards and Technology (NIST) via the Federal Information Processing Standards (FIPS) publications and NIST Special Publications, particularly FIPS 199, FIPS 200, and NIST Special Publications - 800 series.) (g) If the Contractor, in the performance of the contract, uses any information subject to the Privacy Act of 1974, 5 U.S.C. 552a, and/or section 1106 of the Social Security Act, 42 U.S.C. 1306, the Contractor must follow the rules and procedures governing proper use and disclosure set forth in the Privacy Act, section 1106 of the Social Security Act, and the Commissioner's regulations at 20 C.F.R. Part 401 with respect to that information. For knowingly disclosing information in violation of the Privacy Act, the Contractor and Contractor employees may be subject to the criminal penalties as set forth in 5 U.S.C. Section 552(i)(1) to the same extent as employees of SSA. For knowingly disclosing confidential information as described in section 1106 of the Social Security Act (42 U.S.C. 1306), the Contractor and Contractor employees may be subject to the criminal penalties as set forth in that provision. (h) The Contractor shall assure that each Contractor employee with access to confidential information is made aware of the prescribed rules of conduct, and the criminal penalties for violations of the Privacy Act and/or the Social Security Act. (i) Whenever the Contractor is uncertain how to handle properly any material under the contract, the Contractor must obtain written instructions from the Contracting Officer addressing this question. If the material in question is subject to the Privacy Act and/or section 1106 of the Social Security Act or is otherwise confidential information subject to the provisions of this clause, the Contractor must obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication. Contracting Officer instructions and determinations will reflect the result of internal coordination with appropriate program and legal officials. (j) Performance of this contract may involve access to tax return information as defined in 26 U.S.C. Section 6103(b) of the Internal Revenue Code (IRC). All such information shall be confidential and may not be disclosed without the written permission of the SSA Contracting Officer. For willfully disclosing confidential tax return information in violation of the IRC, the Contractor and Contractor employees may be subject to the criminal penalties set forth in 26 U.S.C. Section 7213. (k) The Government reserves the right to conduct on-site visits to review the Contractor's documentation and in-house procedures for protection of and security arrangements for confidential information and adherence to the terms of this clause. (l) The Contractor must include this clause in all resulting subcontracts whenever there is any indication that the subcontractor(s), engaged by the contractor, and their employees or successor subcontractor(s) and their employees might have access to SSA's confidential information. (m) The Contractor must assure that its subcontractor(s) and their employees or any successor subcontractor(s) and their employees with access to SSA confidential information are made aware of the prescribed rules of conduct. For knowingly disclosing SSA's confidential information, any subcontractor(s) and their employees or successor subcontractor(s) and their employees may be subject to criminal penalties as described in section 1106 of the Social Security Act (42 U.S.C. 1306) and the Privacy Act (5 U.S.C. 552a). C-202402 Protecting and Reporting the Loss of Personally Identifiable Information: Responsibilities Concerning Individual Employees (DEC 2008) 1.Definitions The following terms are defined for the purposes of this clause: "Agency" means the Social Security Administration (SSA). "Employee(s)" means an individual(s) employed, including, for the purposes of this clause, management officials, by either the Contractor or subcontractor that are working under this contract. "Handling PII" means having access, either currently or in the future, to personally identifiable information (PII), as defined in this clause. "Lost, compromised, or potentially compromised PII" means that, while the Contractor/employee is in possession of PII, the PII has become physically missing (e.g., it has been stolen) or has been otherwise breached so that persons other than authorized users, and for other than an authorized purpose, have access or potential access to the PII, regardless of the form (e.g., electronic or physical) in which it was stored. Indications of lost, compromised, or potentially compromised PII include missing equipment (e.g., laptops and removable storage devices such as USB flash or "thumb" drives, CDs, DVDs, etc.) and/or paper documents potentially containing PII, as well as actions where PII was emailed in violation of the terms contained in Section 2.(d), Emailing PII, below. "Personally Identifiable Information" (PII): SSA follows the definition of PII provided by the Office of Management and Budget in OMB Memorandum OMB M-07-16: "The term 'personally identifiable information' refers to any information which can be used to distinguish or trace an individual's identity, such as their name, Social Security number, biometric records, etc. alone, or when combined with other personal or identifying information which is linked or linkable to a specific individual, such as date and place of birth, mother's maiden name, etc." Other examples of PII may include, but are not limited to: Social Security benefit data, official State or government issued driver's license or identification number, alien registration number, government passport number, employer or taxpayer identification number, home address, and medical information. Within this clause, "PII" shall specifically mean PII as defined above which: (1) SSA has a primary responsibility for and/or interest in protecting; and (2) is made available or becomes accessible to the Contractor and/or any subcontractor, including their respective employees, as a result of performing under this contract (e.g., under the contract, SSA directly furnishes PII to the Contractor/subcontractor, or the Contractor/subcontractor, in order to perform its duties under the contract, collects PII from outside sources, such as in a public survey). "Secure Area" or "Secure Duty Station" means, for the purpose of this clause, either of the following, unless SSA expressly states otherwise on a case-by-case basis: (1) an employee's official place of work that is in the Contractor's or subcontractor's established business office in a commercial setting, OR (2) a location within SSA or other Federal- or State-controlled premises. A person's private home, even if it is used regularly as a "home office" (including that of a Contractor or subcontractor management official), shall not be considered a secure area or duty station. 2. Employee Responsibility in Safeguarding PII The Contractor shall establish, maintain, and follow its own policy and procedures to protect PII, including those for reporting lost or compromised, or potentially lost or compromised, PII (see Section 4. (a), below). The Contractor shall inform its employees handling PII of their individual responsibility to safeguard it. In addition, the Contractor shall, within reason, take appropriate and necessary action to: (1) educate employees on the proper procedures designed to protect PII, as described below and as otherwise approved by the Agency; and (2) enforce their compliance with the policy and procedures prescribed as follows: (a) General. Employees shall properly safeguard PII from loss, theft, or inadvertent disclosure. Employees are responsible for safeguarding this information at all times, regardless of whether or not the employee is at his or her regular duty station. Examples of proper safeguarding include, but are not limited to: maintaining the confidentiality of each employee's individual password (by not sharing the password with any other individual or entity and not writing it down); verifying the identity of individuals before disclosing information to them; preventing others in the area from viewing PII on one's computer screen; consistently locking or logging off one's workstation when one is away; and ensuring that PII is appropriately returned or, upon receiving SSA's approval, destroyed when no longer needed. (b) Transporting PII Outside a Secure Area/Secure Duty Station. Note: The term "transporting" used here does not include shipping by a common or contract carrier, as defined in FAR 47.001, or by the U.S. Post Office. (1) Employees shall make every reasonable effort to safeguard equipment, files, or documents containing PII when transporting information from a secure area/secure duty station. Employees must ensure that the laptops and other electronic devices/media being used to transport PII are encrypted and password protected. The Contractor shall make every reasonable effort to ensure that the encryption and password protection are in accordance with any SSA-prescribed standards or policies which shall be communicated separately from this clause (see SSA's Information System Security Handbook (ISSH) Chapter 18 ) Employees must use reasonable protection measures when transporting PII, e.g., storing files in a locked briefcase, not leaving files and/or equipment in plain view. (2) Employees transporting PII, including transporting PII duplications, such as electronic copies and photocopies, from their secure duty station or an otherwise secured area to an unsecured area shall obtain prior approval in accordance with the Contractor's established policy. The Contractor shall provide employees with contact information and instructions based on the Contractor's security/PII loss incident policy and procedures. (NOTE: Agency-prescribed contact information and instructions for reporting lost or possibly lost PII are discussed in Section 3. below.) (3) Tracking files. Unless the PII is being transported for disposal pursuant to the contract, (see (c) below), the Contractor shall, within reason, take appropriate and necessary action to ensure that the file(s) or document(s) being physically transported or transmitted electronically outside the secure area/secure duty station are tracked through a log: they must be logged out prior to transport as well as logged back in upon return. The Contractor can establish any mechanism for tracking as long as the process, at a minimum, provides for the following information to be logged: first and last name of the employee taking/returning the material; the name of the file or document containing PII that he/she intends to transport from the office; all the forms or media in which the PII was transported (e.g., electronic, such as laptop, thumb drive, CD-be as specific as possible; paper, such as paper file folders or printouts); the reason he/she intends to transport the file or document containing PII; the date he/she transported the file or document containing PII from the secure duty station; and the date he/she returned the file or document containing PII to the secure duty station. Materials must be returned or documented as destroyed within 90 days of removal from the office or have Contractor supervisory approval for being held longer. The log must be maintained in a secure manner. Upon request by the Agency, the Contractor shall provide the information from the log in a format (e.g., electronic or paper) that can be readily accessed by the Agency. (c) Employee Disposal of PII. The marked statement below applies to this contract: [Contracting Officer: Mark the appropriate statement below.] [ ] This contract entails employee disposal of PII. Employees shall follow the procedures described in SSA's Information System Security Handbook (ISSH) Chapter 10. [ X ] This contract does not entail employee disposal of PII. The Contractor shall, within reason, take appropriate and necessary action to ensure that the procedures detailed in (3) above pertaining to the logging of PII that is transported outside a secure area/from their secure duty station are followed. (d) Emailing PII. The Contractor's corporate or organizational email system is deemed not to be secure. Therefore, the Contractor shall put policies and procedures in place to ensure that its employees email PII using only the following procedures in (1)-(2), below: (1) Sending from an SSA email address. If employees have been given access to the SSA email system, they may use it to send email messages containing PII in the body or in an unencrypted attachment but only to other SSA email addresses (which contain the "name @ssa.gov" format) or to email addresses belonging to an SSA-certified email system. Email directed to any other address(es) may contain PII only if the PII is entirely contained in an encrypted attachment. (2) Sending from a non-SSA email system. If employees are using the Contractor's own or any other non-SSA email system (e.g., Yahoo!, Gmail), they may send email messages transmitting PII only if the PII is entirely contained in an encrypted attachment; none of the PII may be in the body of the email itself or in an unencrypted attachment. When emailing from such systems, this procedure applies when emailing PII to any email address, including but not limited to, an SSA email system address. Unless specifically noted otherwise, the Contractor and its employees are expected to conduct business operations under this contract using the Contractor's own email system, i.e., in accordance with the foregoing rules for transmitting PII. 3. Agency-Prescribed Procedures for Reporting Lost, Compromised, or Potentially Compromised PII. "Lost, compromised, or potentially compromised PII" is defined in Section 1., above. The reporting requirement established in this section is for reporting all incidents involving PII, with no distinction between suspected and confirmed breaches. SSA has its own reporting requirements for PII that is lost, compromised, or potentially compromised. The purpose of this section is to ensure that these requirements are met and that incident information is shared appropriately. (a) Contractor Responsibility. In addition to establishing and implementing its own internal procedures referenced in Section 2., above, the Contractor is responsible for taking reasonable actions to implement Agency-prescribed procedures described in (c) below for reporting lost, compromised, or potentially compromised PII. These include educating employees handling PII about these procedures and otherwise taking appropriate and necessary steps to enforce their compliance in carrying them out. (b) Potential Need for Immediate, Direct Reporting by the Employee. SSA recognizes that Contractor employees will likely make the initial discovery of a PII security breach. When an employee becomes aware or suspects that PII has been lost or compromised, he/she is required to follow the Contractor's established security/PII loss incident reporting process (see Section 4. (a), below). The Contractor's reporting process, along with SSA's (see Section 3. (c) below), shall require the Contractor, and not necessarily the employee, in such circumstances to notify SSA of the incident. However, the Contractor shall inform each employee handling or potentially handling PII that he/she must be prepared to directly notify outside authorities immediately as described in (c)(4) below, if, shortly following the incident or discovery of the incident, he/she finds it evident that neither an appropriate Contractor nor SSA manager/contact can be reached. The Contractor should emphasize to the employee that timeliness in reporting the incident is critical. (c) Procedures. (1) When an employee becomes aware or suspects that PII has been lost, compromised, or potentially compromised (see 1. Definitions, above), the Contractor, in accordance with its incident reporting process, shall provide immediate notification of the incident to the primary SSA contact. If the primary SSA contact is not readily available, the Contractor shall immediately notify one of two SSA alternates, if names of alternates have been provided. (**See worksheet for the identity of the designated primary and alternate SSA contacts.**) The Contractor shall act to ensure that each employee, prior to commencing work on the contract, has been given information as to who the primary and alternate SSA contacts are and how to contact them. In addition, the Contractor shall act to ensure that each employee promptly receives any updates on such information as they are made available. Whenever the employee removes PII from a secure area/secure duty station, he/she must comply with the Contractor's security policies, including having on hand the current contact information for the primary SSA contact and the two alternates. (2) The Contractor shall provide the primary SSA contact or the alternate, as applicable, updates on the status of the reported PII loss or compromise as they become available but shall not delay the initial report. (3) The Contractor shall provide complete and accurate information about the details of the possible PII loss to assist the SSA contact/alternate, including the following information: I. Contact information; II. A description of the loss, compromise, or potential compromise (i.e., nature of loss/compromise/potential compromise, scope, number of files or records, type of equipment or media, etc.) including the approximate time and location of the loss; III. A description of safeguards used, where applicable (e.g., locked briefcase, redacted personal information, password protection, encryption, etc.); IV. An identification of SSA components (organizational divisions or subdivisions) contacted, involved, or affected; V. Whether the Contractor or its employee has contacted or been contacted by any external organizations (i.e., other agencies, law enforcement, press, etc.); VI. Whether the Contractor or its employee has filed any other reports (i.e., Federal Protective Service, local police, and SSA reports); and VII. Any other pertinent information The Contractor shall use the worksheet (or a copy thereof) following this clause to quickly gather and organize information about the incident. (4) There may be rare instances outside of business hours when the Contractor is unable to reach either the primary SSA contact or any of the alternates immediately. In such a situation, the Contractor shall immediately call SSA's Network Customer Service Center (NCSC) at 410-965-7777 or toll free at 1-888-772-6111 to file the initial report directly, providing the information in (c)(3) above and completing the attached worksheet to the best of its ability. Overall, during this time, the Contractor shall cooperate as necessary with the NCSC or any of the other external organizations described in (c)(3) above. The Contractor shall document the call with the CAPRS (Change, Asset, and Problem Reporting System) number which the NCSC will assign. The Contractor shall provide the CAPRS number to the primary SSA manager, or, if unavailable, one of the alternates to this manager as described above. If an employee initially detects the loss, compromise, or potential compromise of PII and finds it evident that neither an appropriate Contractor nor SSA manager/contact can be promptly reached, the employee shall undertake the foregoing actions prescribed to the Contractor in this part (i.e., immediately call the NCSC, document the CAPRS number assigned to the call, etc.). (Reference Section 3.(b) above.) (5) The Contractor and its employee(s) shall limit disclosure of the information and details about an incident to only those with a need to know. The security/PII loss incident reporting process will ensure that SSA's reporting requirements are met and that security/PII loss incident information is only shared as appropriate. 4. Additional Contractor Responsibilities When There Is a Loss of PII. (a) The Contractor shall have a formal security/PII incident reporting process in place that outlines appropriate roles and responsibilities, as well as the steps that must be taken, in the event of a security/PII loss incident. The plan shall designate who within the Contractor's organization has responsibility for reporting the loss, compromise, or potential compromise of PII to SSA. (b) In the event of a security/PII loss incident, the Contractor shall take immediate steps to address consequential security issues that have been identified, including steps to minimize further security risks to those individuals whose personal information was lost, compromised, or potentially compromised. (c) The Contractor shall confer with SSA personnel in reviewing the actions the Contractor has taken and plans to take in dealing with the incident. (d) The Contractor shall bear the responsibility and any cost for any data breach and/or remediation actions that might arise from the security/PII loss incident. If SSA determines that the risk of harm requires notification of affected individual persons of the security breach and/or other remedies, the Contractor shall carry out these remedies without cost to SSA. 5. Applicability of this Clause to Subcontractors/Subcontractor Employees (a) The Contractor shall include this clause in all resulting subcontracts whenever there is any indication that the subcontractor and their employees, or successor subcontractor(s) and their employees, will or might have access to PII. (b)The Contractor shall, within reason, take appropriate and necessary action to assure SSA that its subcontractor(s) and their employees, or any successor subcontractor(s) and their employees, with access to PII know the rules of conduct in protecting and reporting the loss or suspected loss of PII as prescribed in this clause, such as those regarding the emailing of PII as stated in Section 2.(d) above. (c) Notification of Subcontractor Handling of PII. If the Contractor engages a subcontractor under this contract whose employee(s) will actually or potentially be given or have access to PII, the Contractor shall do the following: (1) Notify in advance both the SSA COTR and the Contracting Officer of this arrangement, providing the subcontractor name(s) and address(es) and, upon request, a description of the nature of the PII to which the employee(s) will actually or potentially be given/have access (e.g., phone numbers, Social Security numbers); and (2) Provide the SSA COTR the names of the subcontractor employee(s) who will actually or potentially be assigned and/or have access to the PII. The Contractor may satisfy this requirement when submitting the name(s) of the subcontractor employee(s) to the SSA COTR for the requisite security background check described in Section 6., below. 6. Contractor/Subcontractor Background Checks - Security & Suitability Requirements Clause For each Contractor and subcontractor employee handling PII, the Contractor shall fulfill the requirements of the Security & Suitability Requirements Clause, found elsewhere in this contract, to ensure that any such individual has the appropriate background checks. SECTION C C-21 ATTACHMENT Worksheet for Reporting the Loss, Compromise, or Potential Compromise of Personally Identifiable Information Contractor and Subcontractor Employees: See last page of this attachment for instructions on completing this worksheet. 1.My primary SSA contact for reporting the loss, compromise, or potential compromise of PII is: TBD AT TIME OF AWARD The alternates to this primary contact are as follows: First Alternate: TBD AT TIME OF AWARD 2.Information about the individual making the report to SSA's Network Customer Service Center (NCSC): Name: Position: Deputy Commissioner Level Organization: OPDR Phone Numbers: Work:Cell:Home/Other: E-mail Address: Check one of the following: Management Official Security OfficerNon-Management Additional Information (to be provided when a contractor or subcontractor employee is reporting directly to the NCSC): *Contractor/Subcontractor (circle as appropriate): **SSA Contract Number (if known): 3.Information about the data that was lost/stolen: Describe what was lost or stolen (e.g., case file, MBR (Master Beneficiary Record) data): Which element(s) of PII did the data contain? NameBank Account Info SSNMedical/Health Information Date of BirthBenefit Payment Info Place of Birth Mother's Maiden Name AddressOther (describe): Estimated volume of records involved: 4.How was the data physically stored, packaged and/or contained? Paper or Electronic? (circle one): If Electronic, what type of device? LaptopTabletBackup TapeBlackberry WorkstationServerCD/DVDBlackberry Phone # Hard DriveFloppy DiskUSB Drive Other (describe): Additional Questions if Electronic: YesNoNot Sure a. Was the device encrypted? b. Was the device password protected? c. If a laptop or tablet, was a VPN SmartCard lost? Cardholder's Name: Cardholder's SSA logon PIN: Hardware Make/Model: Hardware Serial Number: Additional Questions if Paper: YesNoNot Sure a. Was the information in a locked briefcase? b. Was the information in a locked cabinet or drawer? c. Was the information in a locked vehicle trunk? d. Was the information redacted? e. Other circumstances: 5.If the employee/Contractor/subcontractor who was in possession of the data or to whom the data was assigned is not the person making the report to the NCSC (as listed in #1), information about this employee/Contractor/subcontractor: Name: Position: Deputy Commissioner Level Organization: OTSO Phone Numbers: Work:Cell:Home/Other: E-mail Address: Additional Information (to be provided when person who was in possession of the data or assigned to the data is a Contractor/subcontractor employee): *Contractor/Subcontractor (circle as appropriate): **SSA Contract Number (if known): 6.Circumstances of the loss: a.When was it lost/stolen? b.Brief description of how the loss/theft occurred: c.When was it reported to SSA management official (date and time)? 7.Have any other SSA components been contacted? If so, who? (Include deputy commissioner level, agency level, regional/associate level component names) 8.Which reports have been filed? (include FPS, local police, and SSA reports) Report FiledYesNoReport Number Federal Protective Service Local Police YesNo SSA-3114 (Incident Alert) -- Not Applicable for Contractors or Subcontractors SSA-342 (Report of Survey) -- Not Applicable for Contractors or Subcontractors Other (describe) INSTRUCTIONS (to the Contractor/Subcontractor Employee): Worksheet for Reporting Loss or Potential Loss of Personally Identifiable Information 1.If you are reporting the incident to the primary SSA contact, only complete Items 3 through 6. Special notes regarding Item 5: For "Position," write "Contractor Employee" or "Subcontractor Employee," as applicable, followed by a hyphen and your job title under the contract. With respect to Deputy Commissioner Level Organization, this should be the SSA Contracting Officer's Technical Representative (COTR)'s Deputy Commissioner Office and should already be provided on the form. If it is not (and you do not know this), have your primary or alternate contact, as applicable, complete the information. Be sure to provide the additional information regarding your company/organization's name and, if known, the Agency-assigned contract number. 2.If you are reporting the incident directly to the NCSC, complete all items to the extent possible (note: Item 4 will be "not applicable"). Special notes regarding Item 2: For "Position," write "Contractor Employee" or "Subcontractor Employee," as applicable, followed by a hyphen and your job title under the contract. With respect to Deputy Commissioner Level Organization, this should be the SSA COTR's Deputy Commissioner Office and should already be provided on the form. If it is not and you do not know this information, try to identify the name of the main program office which the contract is servicing (e.g., Office of Telecommunications and Systems Operations). Be sure to provide the additional information regarding your company/organization's name and, if known, the Agency-assigned contract number. SECTION D - CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERICIAL ITEMS (APR 2011) D-1 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (APR 2011) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). ____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] _X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). _X__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). _X__ (6) 52.209-6, Protecting the Government' Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items). ___ (7) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011) (15 U.S.C. 657a). ___ (8) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (9) [Reserved] ___ (10) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-6. ___ (iii) Alternate II (Mar 2004) of 52.219-6. ___ (11) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-7. ___ (iii) Alternate II (Mar 2004) of 52.219-7. _X__ (12) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). ____ (13) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637 (d)(4).) ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9. ___ (iv) Alternate III (July 2010) of 52.219-9. ___ (14) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). _X__ (15) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (16) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). ___ (ii) Alternate I (June 2003) of 52.219-23. ___ (17) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (18) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (19) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). _X__ (20) 52.219-28, Post Award Small Business Program Representation (Apr 2009) (15 U.S.C. 632(a)(2)). ___ (21) 52.219-29, Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2011). ___ (22) 52.219-30, Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2011). _X__ (23) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X__ (24) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126). _X__ (25) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X__ (26) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X__ (27) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). _X__ (28) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). _X__ (29) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). _X__ (30) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _X__ (31) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ___ (32) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (33) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (34) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). ___ (ii) Alternate I (Dec 2007) of 52.223-16. _X__ (35) 52.223-18, Contractor Policy to Ban Text Messaging while Driving (Sep 2010) (E.O. 13513). ___ (36) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d). ___ (37) (i) 52.225-3, Buy American Act -Free Trade Agreements - Israeli Trade Act (Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-283, and 110-138). ___ (ii) Alternate I (Jan 2004) of 52.225-3. ___ (iii) Alternate II (Jan 2004) of 52.225-3. ___ (38) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X__ (39) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (40) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (41) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (42) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). ___ (43) 52.232.30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X__ (44) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332). ___ (45) 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332). ___ (46) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). ___ (47) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (48) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ___ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). ___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.). ___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). ___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.). ___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). ___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.) (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.) (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.) (xii) 52.222-54, Employment Eligibility Verification (Jan 2009). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) SECTION III - SOLICTATION PROVISIONS SECTION E - REPRESENTATIONS AND CERTIFICATIONS E-1 52.212-3 Offeror Representations and Certifications-Commercial Items (APR 2011) 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 (o) of this provision. (a) Definitions. As used in this provision- "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. "Forced or indentured child labor" means all work or service- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "Inverted domestic corporation" means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). "Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except- (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. "Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. "Service-disabled veteran-owned small business concern"- (1) Means a small business concern- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. "Veteran-owned small business concern" means a small business concern- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small business concern" means a small business concern- (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. "Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website. (2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________. [Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.] (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it o is, o is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it o is, o is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it o is, o is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it o is, o is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it o is, o is not a women-owned small business concern. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that- (i) It * is, * is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It * is, * is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate in reference to the WOSB concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern or concerns that are participating in the joint venture: __________.] Each WOSB concern participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that- (i) It * is, * is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It * is, * is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(ii) of this provision is accurate in reference to the EDWOSB concern or concerns that are participating in the joint venture. The offeror shall enter the name or names of the EDWOSB concern or concerns that are participating in the joint venture: __________. Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it o is a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________ (10) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.] (i) General. The offeror represents that either- (A) It o is, o is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or (B) It o has, o has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (ii) o Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.] (11) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that- (i) It o is, o is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (ii) It o is, o is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246- (1) Previous contracts and compliance. The offeror represents that- (i) It o has, o has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It o has, o has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that- (i) It o has developed and has on file, o has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 cfr parts 60-1 and 60-2), or (ii) It o has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act-Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item" "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Supplies." (2) Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)(1) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No. _______________________________________ _______________________________________ _______________________________________ [List as necessary] (3) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Canadian or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals- (1) o Are, o are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) o Have, o have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) o Are, o are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) o Have, o have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed end products. Listed End Product Listed Countries of Origin ___________________ ___________________ ___________________ ___________________ (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) o In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) o Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] [ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror o does o does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. [ ] (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror o does o does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). o TIN: ________________________________. o TIN has been applied for. o TIN is not required because: o Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; o Offeror is an agency or instrumentality of a foreign government; o Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. o Sole proprietorship; o Partnership; o Corporate entity (not tax-exempt); o Corporate entity (tax-exempt); o Government entity (Federal, State, or local); o Foreign government; o International organization per 26 CFR 1.6049-4; o Other ________________________________. (5) Common parent. o Offeror is not owned or controlled by a common parent; o Name and TIN of common parent: Name ________________________________. TIN _________________________________. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations. (1) Relation to Internal Revenue Code. A foreign entity that is treated as an inverted domestic corporation for purposes of the Internal Revenue Code at 26 U.S.C. 7874 (or would be except that the inversion transactions were completed on or before March 4, 2003), is also an inverted domestic corporation for purposes of 6 U.S.C. 395 and for this solicitation provision (see FAR 9.108). (2) Representation. By submission of its offer, the offeror represents that it is not an inverted domestic corporation and is not a subsidiary of one. (o) Sanctioned activities relating to Iran. (1) Unless a waiver is granted or an exception applies as provided in paragraph (o)(2) of this provision, by submission of its offer, the offeror certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act of 1996. (2) The certification requirement of paragraph (o)(1) of this provision does not apply if- (i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. (End of provision) Alternate I (Apr 2011). As prescribed in 12.301(b)(2), add the following paragraph (c)(12) to the basic provision: (12) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(10) of this provision.) [The offeror shall check the category in which its ownership falls]: ____ Black American. ____ Hispanic American. ____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). ____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). ____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). ____ Individual/concern, other than one of the preceding. Alternate II (Apr 2011). As prescribed in 12.301(b)(2), add the following paragraph (c)(10)(iii) to the basic provision: (iii) Address. The offeror represents that its address o is, o is not in a region for which a small disadvantaged business procurement mechanism is authorized and its address has not changed since its certification as a small disadvantaged business concern or submission of its application for certification. The list of authorized small disadvantaged business procurement mechanisms and regions is posted at http://www.arnet.gov/References/sdbadjustments.htm. The offeror shall use the list in effect on the date of this solicitation. "Address," as used in this provision, means the address of the offeror as listed on the Small Business Administration's register of small disadvantaged business concerns or the address on the completed application that the concern has submitted to the Small Business Administration or a Private Certifier in accordance with 13 CFR Part 124, subpart B. For joint ventures, "address" refers to the address of the small disadvantaged business concern that is participating in the joint venture SECTION F - INSTRUCTIONS TO OFFERORS F-1 Addendum to 52.212-1 Instructions to Offerors-Commercial Items. (June 2008) FAR 52.212-1 Instructions to Offerors - Commerical Items (JUN 2008) is hereby incorporated by reference with the exception of the following paragraphs, which are supplemented in the following Addendum at F-2. F-2 52.212.-1 Instructions to Offerors - Commercial Items (JUN 2008) ADDENDUM In accordance with FAR 12.301 and 12.302, the provision at 52.212-1 is hereby tailored by this addendum to add the following language. I.COMMUNICATIONS PRIOR TO CONTRACT AWARD Offerors shall direct all communications to the attention of the Contract Specialist or Contracting Officer cited on the face page of the RFP. Communications with other officials may compromise the competitiveness of this acquisition and result in cancellation of the requirement. II.RELEASE OF INFORMATION Contract selection and award information will be disclosed to offerors in accordance with regulations applicable to negotiated acquisition. Prompt written notice will be given to unsuccessful offerors as they are eliminated from the competition, and to all offerors following award. III.PROPOSAL INSTRUCTIONS (a)Inquires/Questions All inquiries concerning this solicitation shall be submitted via email to wanda.owens@ssa.gov. (b)Proposal Receipt Proposals are due 3:00 p.m. EST May 27, 2011. Proposals are to be submitted via email to the contracting officer as follow: Wanda T. Owens wanda.owens@ssa.gov Note: Files in excess of 4 MBs may be too large and may need to be broken down into multiple emails. (c)Potential Award with Discussions It is the intent of the Government to award without discussions. However, the Government reserves the right conduct discussions if the Contracting Officer determines that discussions are necessary. (d)Proposal Preparation Offerors shall submit their response to this RFP in two volumes as follows: 1.Business Volume: Signed SF1449, acknowledgement of amendments (if applicable), completed Section B "Schedule of Supplies/Services". 2.Technical Volume: This shall consist of the offerors response to the Experience evaluation factor, both mandatory and non-mandatory, and the Past Performance evaluation. The following specific instructions for each volume are provided: IV.BUSINESS PROPOSAL INSTRUCTIONS (a)Offerors must have an authorized representative sign and date the SF1449 in order to be eligible for award. (b)If any amendment(s) are issued to this solicitation, offerors must acknowledge the amendment(s). This can be accomplished through the signature and date of an authorized representative of the offeror on the SF30 (amendment), (1) By completing Items 8 and 15, and returning ____2___ copies of the amendment; (2) By acknowledging receipt of this amendment on each copy of the offer submitted; or (3) By separate letter or telegram which includes a reference to the solicitation and amendment number. V.TECHNICAL PROPOSAL INSTRUCTIONS Offers shall address the following areas in their technical proposal and shall show evidence of experience and capabilities: EXPERIENCE 1. Mandatory Criteria The mandatory criteria apply to every individual named in the offeror's offer. Demonstrated recognition as an expert, renowned by others in the federal labor relations field, as shown by: a)Demonstrating past experience practicing before or with the Federal Labor Relations Authority; b)Demonstrating past experience working for federal agencies in the negotiations process with AFGE, NTEU, or IFPTE; c)Possessing a valid license to practice law in the United States; d)Providing presentations and/or guidance to high level decision-making or policy-determining bodies on issues related to the federal labor and employee relations field; e)Serving on or consulting with governmental committees and/or federal agencies on federal labor and employee relations issues; and f)Speaking at conferences about federal labor and employee relations. NOTE: The offeror must provide proof of these factors within the last three years in the form of documentation and/or a statement for the offeror that may be verified through a reference contact. The offeror must also provide proof that he/she possesses a valid law license. 2. Non-Mandatory Criteria (Only after ALL the mandatory requirements above have been met will the offeror be further evaluated on the following criteria). The offeror shall demonstrate in their offer: a)Knowledge of Federal laws and regulations concerning labor and employee relations, including the Federal Service Labor-Management Relations Statute (5 U.S.C.71), Federal Labor Relation Authority case law, and Merit System Protections Board case law concerning disciplinary, performance, and adverse actions. b)Knowledge and familiarity of SSA's nationwide labor relations program; c)Knowledge of and affiliation with leading organizations, educational institutions and, or councils engaged in legal and policy discussions and proceedings on the topic of federal labor and employee relations. PAST PERFORMANCE Each Offeror shall provide at least three past performance references for existing and prior contracts for services similar in size, scope, and complexity to those described in the Statement of Work. The past performance information should demonstrate the offeror's commitment to customer satisfaction and timely delivery of services, specifically in the areas of: quality of service, schedule, business relations, and management of key personnel. All past performance references, both for Government and commercial contracts, shall include the following information: a)Contract/Project Title. b)Contract/Project Number (if applicable). c)Client Name. d)Client Address. e)Contracting Officer Point-of-Contact (POC): 1)Name of the Contracting Officer POC; 2)Contract Officer POC's Telephone Number (including area code and extension, if appropriate); and 3)Contracting Officer POC's FAX Number. f)Technical Project Officer (PO)/Contracting Officer's Technical Representative (COTR) POC: 1)Name of the PO/COTR POC; 2)PO/COTR POC's Telephone Number (including area code and extension, if appropriate); and 3)PO/COTR POC's FAX Number. g)The following information on the contract: 1)Dollar value of contract at time of award; 2)Cumulative dollar value of contract to date; 3)Period of performance; 5)Describe the services provided which were/are similar to the requirements as set forth in this request for quotation; and 6)Describe any significant performance problems that were encountered on the cited/referenced project, and explain how they were solved/corrected by the offeror/contractor. h) The offeror may also submit letters of commendation and/or evaluations of performance in trade journals, newspaper, periodicals, etc. for any reference. i)Offerors are advised that past performance information may be obtained from other sources known to the Government; and, therefore, the Government may also evaluate information from such other sources, even though the offeror does not include such information in its quotation. Nevertheless, in evaluating the offeror's past performance, the Government intends to rely heavily (though not necessarily exclusively) upon the information furnished by the offeror in its Past Performance information. Therefore, the offeror is responsible for verifying and ensuring that the information provided in support of its cited/referenced past performance is complete, comprehensive, accurate, and current as of the month of issuance of this request for quotation. F-3 52.216-1 Type of Contract (APR 1984) The Government contemplates award of a single firm-fixed-price contract resulting from this solicitation. F-4 52.233-2 Service of Protest (SEP 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Social Security Administration Office of Acquisition and Grants ATTN: Christopher Brennan 7111 Security Blvd, 1st Floor, Rear Entrance Baltimore, MD 21244 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. F-552.212-2 Evaluation - Commercial Items (JAN 1999) Addendum In accordance with FAR 12.301and 12.302, the provision at 52.212-2 is hereby tailored by this addendum to add paragraph (a) as follows: (a)The Government intends to award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if determined by the contracting officer to be necessary. The Government may: 1) reject any or all offers if such action is in the public interest; 2) accept other than the lowest offer; 3) and waive informalities and minor irregularities in offers received. (b)Award will be made to the offeror whose proposal offers the best overall value to the Government. This will be determined by a trade-off technique that allows the Government to consider award to other than the lowest priced offeror of other than the highest rated offeror in accordance with FAR Part 15.101-1. It permits trade-off among price and non-price evaluation factors. EXPERIENCE 1. Mandatory Criteria The mandatory criteria apply to every individual named in the offeror's offer. Demonstrated recognition as an expert, renowned by others in the federal labor relations field, as shown by: a) Demonstrating past experience practicing before or with the Federal Labor Relations Authority; b)Demonstrating past experience working for federal agencies in the negotiations process with AFGE, NTEU, or IFPTE; c)Possessing a valid license to practice law in the United States; d)Providing presentations and/or guidance to high level decision-making or policy-determining bodies on issues related to the federal labor and employee relations field; e)Serving on or consulting with governmental committees and/or federal agencies on federal labor and employee relations issues; and f)Speaking at conferences about federal labor and employee relations. NOTE: The offeror must provide proof of these factors within the last three years in the form of documentation and/or a statement form. The offeror are instructed to provide reference and provide proof that he/she possesses a valid law license. 2. Non-Mandatory Criteria Only after ALL the mandatory requirements above have been met will the offeror be further evaluated on the following criteria. The offeror will be rated on the extent of their knowledge and experience in the following areas as demonstrated in their response to this solicitation. NOTE: The areas below do not represent subfactors. a)Knowledge of Federal laws and regulations concerning labor and employee relations, including the Federal Service Labor-Management Relations Statute (5 U.S.C.71), Federal Labor Relation Authority case law, and Merit System Protections Board case law concerning disciplinary, performance, and adverse actions. b)Knowledge and familiarity of SSA's nationwide labor relations program; c)Knowledge of and affiliation with leading organizations, educational institutions and, or councils engaged in legal and policy discussions and proceedings on the topic of federal labor and employee relations. PAST PERFORMANCE SSA's evaluation of past performance will take into account the past performance of the offeror and any proposed subcontractors. It will be a subjective risk assessment based on information provided by the offeror and/or obtained independently by SSA from a variety of public and private sources, including but not limited to, the references of those projects indentified in the offer. The government will perform its evaluation in part by looking at the following: a.Quality of Service - Compliance with contract requirements; customer satisfaction; b.Schedule - Reliable; responsive to technical direction; adhered to the contract schedule; completed on time including wrap-up and contract administration, no liquidated damages or history of significant performance penalties; etc. c.Business Relations - Effective and efficient management; businesslike correspondence; responsive to contract requirements; prompt notification of problems; reasonable/cooperative behavior; flexible; pro-active; effective and efficient contractor recommended solutions; effective and efficient small/small disadvantaged business subcontracting programs, etc. d.Management of Key Personnel - Effective and efficient management of work force, work force properly trained and given proper direction to ensure that required tasks are successfully performed; responsive to contract requirements; reasonable/cooperative behavior; etc. Whereupon an offeror has no record of recent (within the last 3 years) or relevant (similar in size, scope, and complexity to the SOW) past performance or for whom past performance is not available, the offeror will be evaluated neither favorably or unfavorably on past performance. PRICE - The Government will evaluate price separately from all other factors. However, price will be considered in the final best value determination and any trade off analysis. For the non-price evaluation factors, Experience is of greater importance than Past Performance. Experience and past performance, when combined, are approximately equal to price. (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 unbalanced. 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 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.
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Record: SN02443730-W 20110512/110510234231-f5f600b085b17db259b6ed037e11a859 (fbodaily.com)
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R -- Expert Collective Bargaining Agreement/Labor Relations Consultant - SSA-RFP-11-1011