PWS_ER_and_Anti-Harassment_Support_12_Mar_2018.docx

Performance Work Statement 12318718R0001

Employee Relations and Anti-Harassment Program Support Performance Work Statement (PWS) March 12th, 2018

1. INTRODUCTION

The U.S. Department of Agriculture (USDA) Forest Service (FS) seeks a qualified Contractor with expertise to support its Employee Relations (ER) program. The Contractor shall provide ER services and investigative and inquiry services in support of the agencies enhanced anti-harassment program and policy and overall goals for the ER and anti-harassment programs. This will require the Contractor to: provide day-to-day support by assigning investigators/inquiry officials; conduct/properly document investigations/inquiries in accordance with agency standards; analyze anti-harassment and misconduct cases for work environment trends and consistency; monitor and report quality control; and develop strategic recommendations for improvements in agency processes and practices.

2. BACKGROUND

Established in 1905, FS is a federal agency that manages public lands in national forests and grasslands under a founding principle, "To provide the greatest amount of good for the greatest amount of people in the long run". The agency’s mission is to “sustain the health, diversity, and productivity of the Nation’s forests and grasslands to meet the needs of present and future generations”. The FS has the responsibility for stewardship of more than 193 million acres of the nation’s forests and grasslands; for developing and communicating scientific knowledge through research and development that leads to informed natural resource decision-making; for delivering technical assistance through state and private forestry programs; and for sharing knowledge and experience with others in the global community through international forestry.

The Forest Service is committed to maintaining a work environment in which all employees are treated with dignity, fairness, and respect, and are free from harassment in any form. This includes both Equal Employment Opportunity (EEO) related and non-EEO related harassment. Over the last 10 years, the Forest Service has been on a journey to build safe, rewarding and resilient workplaces. Some major focus initiatives of that journey include; safety engagements, diversity and inclusion dialogues, life first engagements and life work dialogues. Through these efforts we learned the importance of a committed and sustained approach to growing, adapting and learning and the value of diversity and inclusion which “awakens and strengthens all peoples’ connection to the land.” Our enhanced anti-harassment program builds upon and connects these successes/initiatives by describing the work environment that we all want and deserve and by sending a powerful message to our employees and to the public about who we are and what is most important to us – our employees.

In August 2016, the Forest Service developed and released an enhanced, comprehensive, agency-wide anti-harassment policy. Our policy covers all forms of harassment from sexual harassment/misconduct to other workplace harassment/bullying. It applies to all Forest Service employees in their working relationship with Federal employees, non-Federal employees, and the public. The policy also applies to persons employed under contract or other formal agreements with the Forest Service. Key areas of our policy/program focus in on:

1. Reporting – Individuals who believe they are experiencing harassment are encouraged to report it while managers/supervisors and those who believe they have witnessed harassment are required to report it.

2. Investigation/Inquiry – We will look into every reported incident of harassment through formal misconduct investigation or through a formal inquiry.

3. Accountability – We will hold those responsible for harassment or any misconduct accountable for their actions and will implement all necessary corrective/disciplinary actions.

4. Identifying Trends – We will collect relevant data on all reports of harassment and identify trends so that senior managers can make decisions on employee and supervisor training and/or further program-wide enhancements.

Simply put, our enhanced anti-harassment program cements our commitment to creating a fair, diverse, inclusive and effective workplace making the Forest Service a leader in work environment and an employer of choice in government. It assures our employees and the public that we will not tolerate any form of harassment and that we will take action to hold people accountable for their actions. This boosts the confidence in our agency and exemplifies our commitment to excellence in public service through demonstration of an effective, efficient work/business environment.

As stated, this contract is in direct support of the Forest Service Employee Relations (ER) program and is meant to increase the capacity of, our ER staff in dealing with these important work environment issues. Employee Relations (ER) is organized under Human Resources Management (HRM), and the Deputy Chief of Business Operations. There are 95 ER specialists with duty locations throughout the U.S. including a small staff of five, full-time, misconduct investigators.

In the past 14-months, we have received about 1,000 reports of harassment. Approximately 15% of those required formal misconduct investigations and 85% required formal inquiries. We expect the volume to remain at that level or increase over the next year by as much as 20%. This is mainly due to the launch of our new Harassment Reporting Hotline in November 2017 along with our planned anti-harassment awareness training (scheduled delivery March-May 2018). The Contractor will be expected to also do other misconduct investigations, on a limited basis, and as needed. It is anticipated there will be a requirement to conduct up to a total of 150 misconduct investigations for sexual misconduct and other misconduct and up to approximately 800 limited management inquiries per year.

The Contractor will be part of a special team performing this work the Harassment Assessment and Review Team (HART). This team reports to the Assistant Director of Employee and Labor Relations. HART was implemented to triage anti-harassment reports to determine the type of harassment reported, to recommend the type of inquiry/investigation needed, to complete investigations/inquiries assigned, and to assess whether harassment/misconduct occurred. One important goal is for cases where no misconduct or harassment occurred is to quickly refer these cases to the Conflict Management and Prevention Program.

HART has two other benefits. First, by HART doing most of the management inquiries for harassment reports, it reduces the workload on our line officers and field Employee Relations staff. Second, HART brings more consistency in the way inquiries are conducted and the quality of our inquiry reports, and it will reduce the time it takes for inquiries to be completed.

The Contractor will also be responsible for working under the Assistant Director to review all actions for consistency, accuracy and completeness. The Contractor will provide trends analysis and recommendations to improve/enhance the Forest Service work environment and our overall Employee Relations and anti-harassment processes and procedures. This work will require daily, close collaboration with field based Employee Relations staff.

3. CONTRACT OBJECTIVES

From this contract, FS expects to achieve increased:

1. Capacity to conduct necessary inquiries and investigations;

2. Consistency in how investigations/inquiries are conducted;

3. Accuracy, completeness, and timeliness on investigations/inquiries;

4. Accuracy, completeness, timeliness, and consistency on Employee Relations and anti-harassment actions; and

5. Timely and executive level recommendations based on trends analysis on work environment matters pertaining to the overall Employee Relations and anti-harassment programs.

4. SCOPE

The Contractor shall provide the strategic and tactical ER and anti-harassment support described below. The following tasks apply to both the base and option periods. Prior to exercising an option, the Government will notify the Contractor of tasks required. Not all tasks may be utilized in a given option period. All days are calendar days unless otherwise noted.

Task 1: Project Management

Outcome: The highest quality project management support is provided to ensure efficient and effective project execution.

The Contractor shall:

1.1 Be responsible for project management for this effort including, but not limited to:

a. Meeting:

i. All Performance Work Statement (PWS) performance standards and deliverables.

ii. Deadlines included in the PWS and in the agreed upon project plan.

b. Managing their personnel.

c. Coordinating and communicating with the Forest Service Contracting Officer Representative (COR) and Technical Representatives

d. Monitoring and reporting on status of all work assigned and work products.

1.2 Prepare a project plan for conducting the work. A draft project plan shall be delivered to Forest Service within five days of the kickoff meeting. A final project plan shall be delivered within five days of receipt of Forest Service comments on the draft.

1.3 Ensure that all deliverables for all tasks under this contract are complete, accurate and delivered according to established schedules and are provided to the Forest Service for review, comment, and acceptance.

1.4 Ensure that Forest Service data, especially information containing Personally Identifiable Information (PII), is protected and safeguarded in accordance with federal regulations.

Quality Assurance

1.5 Document and apply quality control procedures used throughout the performance of this contract for itself and any Sub-Contractors, in accordance with its proposed quality control plan.

1.6 Document and conform to quality standards and best practices.

1.7 Identify and remedy quality issues in a timely manner.

Reporting

1.9 Provide workload data to the COR for the Forest Service workload tracker.

Task 2: Conduct Management Inquiries

Outcome: Support ensures timely and effective processing of Anti-Harassment reports and Employee Relations cases.

2.1 Conduct management inquiries in accordance with the Forest Service Guide to Conducting Management Inquiries, FSM 1765.09 Anti-Harassment Inquiry/Investigation Requirements, and any applicable collective bargaining agreement. Contract inquiry officials must either be certified in accordance with the requirements listed in 29 C.F.R Part 1614 or provide proof they were certified by and conducted misconduct investigations for USDA or other department level government agency within the past 3-years or provide proof that they have 5-years of experience in Employee Relations work for the Federal government. The Contractor shall maintain records which document that the contracted inquiry officials meet these requirements and that they have completed initial training requirements and all continuing investigator training and shall provide these records to the Government upon request.

2.2 The Contractor shall provide one point of contact to the Government for all Management Inquiries accomplished under this contract.

2.3 Inquiry Reports will be prepared in accordance with the USDA and Forest Service references listed in 2.1 above.

2.4 The Contractor will jointly, with the Forest Service points of contact/Technical Representatives (Employee Relations Branch Chief, Harassment Assessment and Review Team and Case Managers), review all Inquiry Reports for sufficiency and quality and correct errors prior to final approval by the Branch Chief and Case Manager.

2.5 Contract inquiry officials will be assigned cases by and will work with and report results to a Forest Service Case Manager at key points throughout the process to ensure quality and timeliness of work and work products and to obtain guidance and assistance as needed.

2.6 Contract inquiry officials will begin their inquiries within three business days of assignment by taking an initial full and complete statement from the Affected Individual. Once the initial statement is taken, the contract inquiry official will meet with the Case Manager to discuss the case, make recommendations, and obtain direction for nest steps.

2.7 Final reports and supporting documentation and evidence will be completed and submitted to the Forest Service point of contact, the Employee Relations Branch Chief, Harassment Assessment and Review Team and Case Manager, on average, within 21-days from assignment. Extensions can be requested and will be reviewed and approved by one of the Forest Service listed points of contact.

2.8 Telephonic or video interviews are acceptable. It is not acceptable, or it should be very rare, that a witness be sent a list of questions to answer by email or other written correspondence.

2.9 The Contractor will be provided the Forest Service point of contact, Employee Relations Branch Chief, Policy and Investigations, and a list of agency contacts that can help provide supporting documentation and evidence.

2.10 The Contractor will ensure contract investigators are available to attend and complete any necessary additional training or certification required by the Forest Service. Additional training (other than continuing education requirements) will be at Forest Service expense.

Task 3: Conduct Misconduct Investigations

Outcome: Support ensures timely and effective processing of Anti-Harassment reports and Employee Relations cases.

3.1 Conduct misconduct investigations in accordance with the Department Personnel Manual 751 Sub-Chapter 3, USDA Misconduct Investigations Handbook, FSM 1765.09 Anti- Harassment Inquiry/Investigation Requirements, and any applicable collective bargaining agreement. Contract investigators must either be certified in accordance with the requirements listed in 29 C.F.R Part 1614 or provide proof they were certified by and conducted misconduct investigations for USDA or other department level government agency within the past 3-years. Each contract investigator must provide proof they have prior experience investigating sexual harassment and/or sexual misconduct cases. The Contractor shall maintain records which document that the contracted investigators meet these requirements and that they have completed initial training requirements and all continuing investigator training and shall provide these records to the Government upon request.

3.2 The Contractor shall provide one point of contact to the Government for all Misconduct Investigations accomplished under this contract.

3.3 Reports of Investigation (ROI) will be prepared in accordance with the USDA and Forest Service references listed in 3.1 above.

3.4 The Contractor will review all ROIs for sufficiency and quality prior to submitting to the Forest Service point of contact for final review and approval.

3.5 Investigations will begin within three business days of assignment and final reports and supporting documentation and evidence will be completed and submitted to the Forest Service point of contact, the Employee Relations Branch Chief, Policy and Investigations, on average, within 30-days from assignment. Extensions can be requested and will be reviewed and approved by the Forest Service point of contact.

3.6 Telephonic or video interviews are acceptable. It is not acceptable, or it should be very rare, that a witness be sent a list of questions to answer by email or other written correspondence.

3.7 Occasional travel may be required in order to conduct interviews based on the complexity of the issue being investigated. This determination will be made by the Forest Service Technical Representative with input from the Contractor. Travel is covered in paragraph 9 of this PWS.

3.8 The Contractor will be provided the Forest Service point of contact/Technical Representative, Employee Relations Branch Chief, Policy and Investigations, and a list of agency contacts that can help provide supporting documentation and evidence.

3.9 The Contractor will ensure contract investigators are available to attend and complete any necessary additional training or certification required by the Forest Service. Additional training (other than continuing education requirements) will be at Forest Service expense.

Task 4: Strategic Assessment/Consultation

Outcome: Quality, consistency, and timeliness is maintained on work and work products, processes and procedures are clearly documented and followed, and senior Human Resources leaders are provided thorough and accurate information and recommendations necessary to make informed decisions on program delivery. Recommendations are sound, implementable, and based on best practices.

4.1 Use existing electronic systems and tools and develop additional tools necessary to track the work performed and to provide needed reports.

4.2 Assist in maintaining consistency by routinely performing quality assurance/quality control checks, for accuracy and completeness, on Anti-Harassment and Employee Relations work products and report deficiencies to the Assistant Director, Employee and Labor Relations.

4.3 Submit, to the Assistant Director, Employee and Labor Relations, weekly/monthly/quarterly/ and annual reports and papers that outline and identify trends, root causes of cases/complaints, and timeliness of work products. This will require routine data analysis of the work performed.

4.4 Provide an annual report that evaluates and analyzes current processes and makes recommendations on strategies to improve processes and procedures.

4.4 Participate in process improvement events and working groups and make recommendations to improve the effectiveness and efficiency of the Employee Relations/Anti-Harassment Programs.

4.5 Update, create, and maintain written Standard Operating Procedures and submit to the Assistant Director, Employee and Labor Relations for review/approval/implementation.

4.6 Coordinate with various staff to gather required information to draft individual case and program briefing papers and talking points using established formats. These products will be submitted to the Assistant Director, Employee and Labor Relations for review/approval.

4.7 Coordinate with various staff, to include executive leadership, to gather required information to draft and submit bi-weekly significant case reports in accordance with established formats and criteria. Significant case reports will be submitted to the Assistant Direct, Employee and Labor Relations for review/approval.

Task 5: Training and Mentorship

Outcome: Effective training material is developed and delivered, and guidance provided to equip Forest Service managers and personnel with the knowledge and skills to support the Employee Relations and Anti-Harassment programs.

5.1 Recommend training topics that address gaps in the knowledge and experience of the Forest Service managers and employees responsible for work environment matters related to Employee Relations and Anti-Harassment. Total formal training time shall be 20-40 hours per year. Mentoring is not included in formal training time.

5.2 Develop training course materials, including detailed instructor guides, based on approved topics. Training courses shall be no more than 4 hours in duration, and shall include case studies and examples that enable Forest Service managers and employees to apply knowledge. Should a particular training course require more than 4 hours, the materials may be divided into no more than 4-hour segments and delivered over several dates.

5.3 Finalize the course materials based on Forest Service-provided feedback.

5.4 Develop a schedule for conducting the training sessions in coordination with Employee Relations and other leaders.

5.5 Conduct training sessions, in-person or via video-teleconference equipment (Forest Service will supply the equipment).

5.6 Develop Frequently Asked Questions (FAQs) document to assist Forest Service employees and supervisors understand the Anti-Harassment process, outlines their responsibilities, and what constitutes harassment or harassing behavior.

5.7 Serve as Subject Matter Experts (SMEs) to mentor employees working in the Employee Relations and Anti-Harassment on a daily basis as assistance is requested.

Task 6: Transition Services

Outcome: A smooth, seamless transition between Contractors and/or the Government that prevents degradation of services.

6.1 Work with the incumbent Contractor to transition tasks and data at the beginning of the contract within agreed upon timeframes.

6.2 Transfer knowledge, workload and case data to Government employees upon a drawdown of Contractor support.

6.3 Document processes, as needed, for transitioning services to Government employees.

5. PERFORMANCE REQUIREMENTS

(AQL)

Monitoring Method

Inquiries will begin within 3 days of assignment and will be completed, on average, within 21 days of assignment.

Deliverables are provided within agreed upon timeframes.

Deliverables are accurate, thorough, error free, well organized, in the proper format, and contain a well written summary.

Information and recommendations provided are accurate, timely, well written, and are based on best practices.

All deliverables will be transmitted in accordance with USDA, Forest Service security policy.

No more than one complaint of unresponsiveness in a month.

No more than two inquiries started late in a month.

No more than a 10 day increase to average completion time in any quarter.

No more than one late deliverable in a month.

No more than two inquiries in a month where there are significant deficiencies in accuracy, thoroughness, errors, and/or formatting in any deliverable.

100% review by the Employee Relations (ER) Branch Chief (BC) of the Harassment Assessment and Review Team (HART) and the Case Manager.

Random inspection of deliverables by the COR.

Documented complaints received by the COR or identified by the COR during random inspection of deliverables.

Investigations will begin within 3 days of assignment.

Investigations will be completed, on average, within 30 days of assignment.

Deliverables are provided within agreed upon timeframes.

Deliverables are accurate, thorough, error free, well organized, in the proper format, and contain a well written summary.

Information and recommendations provided are accurate, timely, well written, and are based on best practices.

All deliverables will be transmitted in accordance with USDA, Forest Service security policy.

No more than one complaint of unresponsiveness in a month.

No more than one investigations started late in a month.

No more than a 10 day increase to average completion time in any quarter.

No more than one late deliverable in a month.

No more than two investigations in a month where there are significant deficiencies in accuracy, thoroughness, errors, and/or formatting in any deliverable.

100% review by the ER BC of Policy and Investigations.

Documented complaints received by the COR or identified by the COR during random inspection of deliverables.

Requests for information and recommendations are responded to timely and are based upon thorough research and industry best practices.

Standard Operating Procedures are drafted and submitted for review and approval within agreed upon timeframes.

Initial drafts and updates of individual case briefing papers and talking points are submitted for review and approval within agreed upon timeframes.

Significant Case Reports are well written and prepared and submitted within agreed upon timeframes.

No more than two cases in a month where deficiencies in consistency are missed.

No more than minor issues noted on any Case Status Report; Quality Assurance/Control Report; and/or Monthly, Quarterly, and Annual Report. Deficiencies are corrected with three days.

No more than one complaint of unresponsiveness or inadequate response to requests for information and/or recommendations.

No more than minor deficiencies noted in accuracy, completeness, or clear documentation of processes and procedures. Deficiencies are corrected within 10 days of receiving results of Government review.

No more than one deficiency noted in the accuracy and thoroughness of an individual case briefing paper and talking points or in any Significant Case Report.

100% review by the Assistant Director, Employee and Labor Relations and ER BCs.

Documented complaints received by the COR or identified by the COR during random inspection of deliverables.

No deviation for final deliverable.

100% review by the COR of training materials. Feedback from training session participants.

6. DELIVERABLES

Specific deliverables, as noted in the tasks above, are identified in the following table.

6.1. TABLE OF DELIVERABLES

The following table includes deliverables and expected due dates. Deliverables shall be provided electronically in a Microsoft Office Suite product pre-approved by the COR. All days are calendar days unless otherwise noted.

PWS

Task #

of Government feedback

6.2. INSPECTION AND ACCEPTANCE

The Government will perform inspection of the deliverables and services received from the Contractor in accordance with the contract Quality Assurance Surveillance Plan (QASP). The Government has the right to perform periodic surveillance of the Contractor to ensure that the Contractor’s work products and quality control processes are in compliance with the contract requirements. The Government and the Contractor will coordinate Government surveillance in a manner that will not unduly delay or disrupt the Contractor’s performance of the contract.

The COR may require the Contractor to replace any inquiry official or investigator if the government believes there is justified cause or a perceived or real bias/lack of objectivity and/or conflict of interest or there are repeated problems with the quality or sufficiency of work and work products. The Contractor is required to immediately notify the COR and Technical Representative of any potential or possible situations involving conflicts of interest or bias/lack of objectivity that may exist with any inquiry official or investigator.

The COR will have seven days to review draft deliverables and make comments. The Contractor will have seven (7) days to make corrections. Upon receipt of the final deliverables, the COR/designee will have seven (7) days for final review prior to acceptance or providing documented reasons for non-acceptance. This seven day extension period will be automatically extended for the duration and length of time of any government shutdown or natural disaster. Should the Government fail to complete the review within the review period the deliverable will become acceptable by default.

The COR will have the right to reject or require correction of any deficiencies found in the deliverables that are contrary to the information contained in the Contractor’s accepted proposal. In the event of a rejected deliverable, the Contractor will be notified in writing by the COR/designee of the specific reasons for rejection. The Contractor shall have five (5) workdays to correct the rejected deliverable and return it per delivery instructions.

7. PERIOD OF PERFORMANCE

Anticipated Contractor Start Date: TBD

The period of performance shall be for one base year and four one-year option years.

8. PLACE OF PERFORMANCE

FS has consolidated office space in the Yates Building at 14th Street and Independence Avenue Southwest, Washington, DC. As such, FS employees and Contractors will work both onsite and offsite. The Contractor can anticipate having their main POCs work at the Yates Building 1-2 days per week and working from the Contractor’s facility the remainder of the time. Contractor’s investigators and inquiry officials will work from the Contractor’s facility and will only be required to come to the Yates facility on an occasional basis.

The Contractor is responsible for providing services between the hours agreed upon between the Government and the Contractor, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the work force are essential.

Contractor employees will be unable to access the Yates Building or Federal personnel on the following holidays:

New Year’s Day; Martin Luther King Jr.’s Birthday; President’s Day; Memorial Day; Independence Day; Labor Day; Columbus Day; Veteran’s Day; Thanksgiving Day;

Christmas Day; and Presidential Inauguration Day (if it occurs during the performance period)

9. TRAVEL

Travel, including travel costs, must be approved in advance by the COR in writing.

10. GOVERNMENT FURNISHED PROPERTY AND INFORMATION

The Government will furnish office space and office equipment (telephone, laptop, desk space) no more than 1-2 days/week for the main POCs/Key Personnel. Laptop computers and remote access will be provided for work in and outside of the Yates Building. Internet access will be provided while at the Yates Building, but is the Contractor’s responsibility when working offsite.

The Contractor must furnish necessary office space and office equipment (telephone, laptop, desk space) for inquiry officials and investigators. Software must be compatible with that used in the Forest Service.

The Government will furnish video-teleconference equipment and space for training sessions.

11. KEY PERSONNEL

The Contractor shall employ and maintain personnel in the management and key staff positions who meet the minimum requirements for each of the skill levels to which they are assigned, and shall be capable of performing the functions described in a competent and professional manner.

Project Manager and Senior Consultants: The Contractor shall designate a Project Manager (PM) as the single point of contact (POC) with FS for communications issues, concerns, or problems that arise on this contract and the necessary number of senior consultants to provide oversight of contract work for the tasks listed. The PM shall have the authority to commit the Contractor and make decisions for the Contractor, and shall be the single Contractor representative responsible for all issues, concerns, or problems. The PM shall readily respond to FS questions, concerns, and comments. The PM shall proactively alert FS to potential contractual issues. The PM must be available during normal duty hours, as specified herein to meet (either in person or by phone) with Government personnel within 24 hours to discuss problems. The Contractor may designate a backup for the PM for short durations of time when the PM cannot be available due to leave or illness or as described below.

The Contractor shall submit resumes to the Government COR for coordination and review prior to formally adding new employees to this effort. The Contractor is responsible to hire and retain individuals of the highest ability who are appropriate for the assigned task. The COR will raise performance issues to the CO and a meeting will promptly be scheduled to discuss with the Contractor.

The Contractor agrees that no Key Personnel substitutions or additions will be made unless necessitated by compelling reasons including, but not limited to, illness, death, maternity leave, or termination of employment. In such event, the Contractor must promptly provide the information required below to the COR for approval prior to any substitution or addition of Key Personnel. Proposed substituted must have qualifications that meet, or exceed the qualifications of the persons replaced. Whenever possible, fully compliant requests for substitutions or additions must be submitted, in writing to the COR for approval at least fifteen days in advance of the proposed change. The COR will notify the Contractor within fifteen days after receipt of all required information of the decision on substitutions or additions. All disapprovals will require re-submission of another substitution or addition within fifteen days by the Contractor.

Request for Key Personnel changes must provide a detailed explanation of the circumstances necessitating the proposed substitutions or additions, a complete resume for the person to be substituted or added, and any other information requested by the COR.

Noncompliance with the provisions of this clause will be considered a material breach of the terms and conditions of the contract for which the Government may seek any and all appropriate remedies, to include termination for default.

12. ADMINISTRATIVE CONSIDERATIONS

12.1 Designation of Contracting Officer Representative (COR)

The COR is responsible for the technical direction of the contract work. In no event, however, will any understanding, agreements, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual document executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer shall be informed as soon as possible of any actions or inactions by the Contractor or the Government which may affect the price, required delivery or completion times stated in the contract, so that identified desired changes and outside influences on the contract may be modified as necessary. Whenever, in the opinion of the Contractor, the COR requests efforts outside the scope of the contract, the Contractor shall advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the

Contracting Officer should be notified immediately, preferable in writing if time permits. Proceeding with work without proper contractual coverage could result in non-payment.

A copy of the COR delegation letter shall be provided to the Contractor five days after award.

12.2. Contract Administration

The Contracting Officer is the only person authorized to approve changes. This authority remains solely with the Contracting Officer. In the event that the Contractor affects any changes at the direction of any person other than the Contracting Officer, the changes will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase incurred as a result thereof.

COR: TBD

13. DATA RIGHTS

The Government has unlimited rights to all documents/material produced under this contract. All documents and materials produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the CO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights. Any data, documents or material produced under this contract that the Contractor wishes to assert as proprietary must be clearly identified and agreed to, in advance, by the CO.

Data generated in the performance of this contract includes reports of incidents of work related accidents and illnesses and Government forms CA-1 and CA-2 which may be generated by the system from incident reports. Although these reports are maintained within the integrated case management solution, they are exclusively the property of the USDA FS and/or the DOL in the case of forms CA-1 and CA-2. At the completion of this contract, or at any other time at the discretion of the COR, any or all reports maintained within the integrated case management solution will be exported in a digital format to a Government database of a compatible format. In any event, all data produced under this contract or delivered to the Contractor as GFI must be returned to the Government within 30 calendar days of the end of the contract or extension thereto.

14. SECURITY REQUIREMENTS

Personal Identity Verification of Contractor Personnel: the Contractor shall be responsible for ensuring compliance by its employees with all applicable Federal regulations, to include those of the General Services Administration (GSA), NIST, USDA, FS and Homeland Security Presidential Directive (HSPD)-12. Contractors and their employees are subject to all Federal laws applicable to Government installations and are under the jurisdiction of the Federal Protective Service (FPS). The COR, or other designated program/project officers, in conjunction with the FS Human Capital Management (HCM) HSPD-12 staff, will assist the Contractor in processing the required security background investigations/clearances.

1. The Contractor shall comply with Personal Identity Verification (PIV) policies and procedures established by USDA Directives 3800 series.

2. Should the results of the PIV process require the exclusion of a Contractor's employee, the CO will notify the Contractor in writing.

3. The Contractor must appoint a representative to manage this activity and to maintain a list of employees eligible for a USDA PIV ID Badge required for performance of the work.

4. The responsibility of maintaining a sufficient workforce remains with the Contractor. Employees may be barred by the Government from performance of the work should they be found ineligible or to have lost eligibility for a USDA PIV ID Badge. Failure to maintain a sufficient workforce of employees eligible for a USDA PIV ID Badge may be grounds for termination of the contract.

5. The Contractor shall insert this clause in all subcontracts when the subContractor is required to have access to a Federally-controlled facility or information system.

6. The PIV Sponsor for this contract is the COR, unless otherwise specified in this contract. The Government shall notify the Contractor if there is a change in the PIV Sponsor, the office address, or the office hours for registration.

7. At this time, the Government will pay for and process all required security investigations/clearances, except as identified differently within this clause.

8. The Contractor should be aware of any of its employees possibly having had a background investigation through another Government Agency. The investigation that was conducted, if verifiable by the FS HSPD-12 staff and, if it was completed within the last five years, can be accepted by the Government in lieu of a background check.

9. The Contractor shall comply with any facility badging requirements for the issuance of building access, badges, etc.:

a. Ensure that each of the Contractor's employees has been issued either a temporary or permanent badge from the Government. A permanent badge will not be issued until the security questionnaire has been completed and favorably reviewed. Temporary or visitor badges will be provided for persons who are identified as having an infrequent or temporary legitimate business need for access to the site. As noted above, periods that exceed 180 days will require a permanent badge. The badge must be worn at all times while in the facility. It must be displayed above the waist. The individual will retain possession of the badge as long as continued admittance to the site is needed.

b. Ensure the safekeeping, wearing and visibility of government-furnished badges.

c. Immediately return all badges and permits to the Government when such need ceases to exist.

10. The Contractor shall comply with any facility security requirements for access to the facility.

11. The Contractor shall comply with all applicable rules governing parking at USDA locations.

If your contract or agreement will acquire and/or implement software applications: it is the responsibility of both the Agency and the Procurement Official to verify that this section is in all new integration and application contracts including the exercise of any contract options (reference USDA C/0 letter, June 2, 2008).

Secure coding skills: the Contractor certifies that at least one member of each programming team working on any code (including C, JavaTM, .Net, ASP.NET, Visual Basic) to be delivered to the FS has earned the Global Information Assurance Certification for Secured Software Programming or equivalent.

Source code testing, binary code testing, application scanning and penetration testing: at least one week prior to delivery of any code due under this contract, the Contractor will deliver to the COR the following reports covering all codes that will be delivered:

1. Source code testing results: showing all potential security flaws identified by at least one of the commercial source code testing tools approved by the Office of the Chief Information Officer of USDA. On the report, the Contractor will highlight all vulnerabilities rated “critical” and “high.” The Contractor must then correct the vulnerabilities, resend the code and ensure delivered source code health.

2. For Web-applications: Web application scanning test results showing all potential security flaws identified by at least one of the commercial Web application scanning tools approved by the Office of the Chief Information Officer of USDA. On the report, the Contractor will highlight all vulnerabilities rated “critical” and “high.”

3. For all applications: application penetration results.

Copyright Management and Responsibility: by delivering applications or programming code to the Government, the vendor or Contractor certifies that they have the proper authority to transfer the property and will defend the Government against copyright or other lawsuit resulting from the application or programming delivered.

If your contract is acquiring IT Services from outside FS (processing/storing/transmitting/ disposal/or shredding FS data on a non-FS system): it is the responsibility of both the Agency and the Procurement Official to verify that this section is in contracts including the exercise of any contract options on all external information system services. It includes external information system services provided by both Government and non-Government entities and applies to those services acquired in any manner by the FS, including those acquired by formal contract, through the Grants and Agreements process or by any other agreement (e.g., service bureaus, Contractors, other service providers, such as system development, network management or security management).

The Contractor or other external organizations will develop, provide, implement and maintain an IT System Security Plan for any system that includes acquisition, transmission or analysis of data owned by FS with significant replacement cost should the Contractors and other external organization’s copy be corrupted. This plan will describe the processes and procedures that will be followed to ensure appropriate security of IT resources that are developed, processed or used under this contract. The plan will describe those parts of the contract to which this clause applies. The Contractor or other external organization’s IT System Security Plan will be compliant with applicable Federal laws that include, but are not limited to: the Clinger-Cohen Act of 1996 and the Federal Information Security Management Act of 2002. The IT System Security Plan will meet IT security requirements in accordance with Federal and FS policies and procedures that include, but are not limited to: NIST SP 800-53 Guidelines.

The Contractor and other external organizations will ensure that the appropriate security banners are displayed on all FS systems (both public and private) operated by the Contractors and other external organizations prior to allowing anyone access to the system.

If your contract/agreement acquires IT hardware/software: it is the responsibility of both the Agency and the Procurement Official to verify that this section is in contracts/agreements including the exercise of any contract options for IT hardware.

The Contractor and other external organizations will ensure that the appropriate security banners are displayed on all FS systems (both public and private) operated by the Contractors and other external organizations prior to allowing anyone access to the system.

The Contractors and other external organizations will submit proof to the CO that hardware and/or software products acquired as a part of any contract/agreement are appropriate to their risk environment, and will confirm the proof of information assurance showing a cost-effective selection of security measures with appropriate security specifications and requirements.

The Contractor will be required to obtain and maintain a LincPass identification card in order to access Agency facilities. This card will be provided by the Agency.

14.1 Physical Security. The Contractor shall be responsible for safeguarding all government property provided for Contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

14.2 Key Control. The Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.

NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the Contracting Officer.

14.3 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

15. SECTION 508 COMPLIANCE FOR COMMUNICATIONS

The offeror shall comply with the standards, policies and procedures…