1625DC-18-Q-00016.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

BLS NATIONAL OFFICE

Room G225 2 Massachusetts Ave, NE Bureau of Labor Statistics US Department of Labor

BLS DC NAT SHIP CODE 16. ADMINISTERED BYCODE

X

X

519190

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORBLS NATIONAL OFFICE

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

08/20/2018 1500 ET

08/03/2018 (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1625DC-18-Q-00016

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 45 1625-OPL-18-NAT-0015OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Washington DC 20212

TELEPHONE NO.

17a. CONTRACTOR/

WASHINGTON DC 20212

ROOM G225

2 MASSACHUSETTS AVENUE, NE

US DEPARTMENT OF LABOR

15. DELIVER TO

Washington DC 20212 Room G225 2 Massachusetts Ave, NE Bureau of Labor Statistics

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$27.50

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

US Department of Labor

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The purpose of this Request for Quote (RFQ) is to obtain competitive responses from qualified business vendors for new vehicle data in accordance with the attached SOW. NAICS code is 519190 - All Other Information Services; size standard is $27.5 million.

0001 CLIN 0001- Base period (anticipated period of performance 9/24/2018 to 9/23/2019)

Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

New vehicle data in accordance with the below deliverable schedule.

The total value of this period of performance shall consist of 12 months of data.

Product/Service Code: R702

Delivery: 09/24/2018

1001 CLIN 1001- Option year 1 (anticipated period of performance 9/24/2019 to 9/23/2020)

New vehicle data in accordance with the below deliverable schedule.

The total value of this period of performance shall consist of 12 months of data.

(Option Line Item)

(Anticipated Option Exercise Date)09/24/2019

Product/Service Code: R702

Delivery: 09/24/2019

2001 CLIN 2001- Option year 2 (anticipated period of performance 9/24/2020 to 9/23/2021)

New vehicle data in accordance with the below

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

45 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 45

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

1625DC-18-Q-00016

deliverable schedule.

The total value of this period of performance shall consist of 12 months of data.

(Option Line Item)

(Anticipated Option Exercise Date)09/24/2020

Product/Service Code: R702

Delivery: 09/24/2020

3001 CLIN 3001- Option year 3 (anticipated period of performance 9/24/2021 to 9/23/2022)

New vehicle data in accordance with the below deliverable schedule.

The total value of this period of performance shall consist of 12 months of data.

(Option Line Item)

(Anticipated Option Exercise Date)09/24/2021

Product/Service Code: R702

Delivery: 09/24/2021

4001 CLIN 4001- Option year 4 (anticipated period of performance 9/24/2022 to 9/23/2023)

New vehicle data in accordance with the below deliverable schedule.

The total value of this period of performance shall consist of 12 months of data.

(Option Line Item)

(Anticipated Option Exercise Date)09/24/2022

Product/Service Code: R702

Delivery: 09/24/2022

5001 CLIN 5001- Six month extension of contract performance per 52.217-8 Option to Extend

Services. (NOV 1999)

New vehicle data in accordance with the below deliverable schedule.

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

4 45

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

1625DC-18-Q-00016

The total value of this period of performance shall consist of up to six months of data.

(Option Line Item)

(Anticipated Option Exercise Date)09/24/2023

Product/Service Code: R702

Delivery: 09/24/2023

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

A - Solicitation/Contract Form

Clauses

There are no clauses in this section

B - Supplies or Services/Prices

Supplies or Services/Price

CLIN 0001- Base line item: $_____________________________

a. New vehicle data from September 2018 – September 2019, delivered in a two-step delivery procedure.

b. Each month shall contain minimally 175,000 individual new vehicle actual transactions. Each vehicle transaction shall contain 40 variables.

c. Data Dictionary, to be delivered 30 days from start of base period.

d. Sample Survey Design Documentation, to be delivered 30 days from start of base period.

e. Customer support to answer any detailed questions about the data by telephone or email.

CLIN 1001- Option year 1: $____________________________

a. New vehicle data from September 2019 to September 2020, delivered in a two-step delivery procedure.

b. Each month shall contain minimally 175,000 individual new vehicle actual transactions. Each vehicle transaction shall contain 40 variables.

c. Customer support to answer any detailed questions about the data by telephone or email.

CLIN 2001- Option year 2: $____________________________

a. New vehicle data from September 2020 to September 2021, delivered in a two-step delivery procedure.

b. Each month shall contain minimally 175,000 individual new vehicle actual transactions. Each vehicle transaction shall contain 40 variables.

c. Customer support to answer any detailed questions about the data by telephone or email.

CLIN 3001- Option year 3: $____________________________

a. New vehicle data from September 2021 to September 2022, delivered in a two-step delivery procedure.

b. Each month shall contain minimally 175,000 individual new vehicle actual transactions. Each vehicle transaction shall contain 40 variables.

c. Customer support to answer any detailed questions about the data by telephone or email.

CLIN 4001- Option year 4: $____________________________

a. New vehicle data from September 2022 to September 2023, delivered in a two-step delivery procedure.

b. Each month shall contain minimally 175,000 individual new vehicle actual transactions. Each vehicle transaction shall contain 40 variables.

c. Customer support to answer any detailed questions about the data by telephone or email.

CLIN 5001 – Six month extension of contract performance per 52.217-8 Option to Extend Services. (NOV 1999)

a. New vehicle data for up to six months, delivered in a two-step delivery procedure.

b. Each month shall contain minimally 175,000 individual new vehicle actual transactions. Each vehicle transaction shall contain 40 variables.

c. Customer support to answer any detailed questions about the data by telephone or email.

Because FAR 52.217-8 option to extend services will be included in this requirement, the Government will evaluate six month’s value to the final option year in conducting in addition to the price evaluation. The offeror does not need to provide anything for M.4 Evaluation of 6 month extension.

Vendor shall invoice no more frequently than every month throughout all periods of performance.

C - Description/Specifications

Statement of Work

Statement of Work for New Vehicle Purchase Data

1. Objectives. The Bureau of Labor Statistics (BLS) has an ongoing interest in data on real-time individual detailed transaction data for new vehicles sold in the U.S. The data will be evaluated by BLS staff in order to aid in improving and estimating price indexes.

BLS, its employees, agents, and partner statistical agencies, will use the information the contractor provides for statistical purposes only and will hold the information in confidence to the full extent permitted by law. In accordance with the Confidential Statistical Efficiency Act of 2002 (Title 5 of Public Law 107-347) and other applicable Federal laws, your data will not be disclosed in identifiable form without your informed consent. Per the Federal Cybersecurity Enhancement Act of 2015, Federal information systems are protected from malicious activities through cybersecurity screening of transmitted data.

BLS seeks to purchase current monthly new vehicle data from September 2018 – August 2019 during the base period. BLS, may, at its discretion, purchase four additional option years of new vehicle data.

The contract award is anticipated to have the following periods of performance:

Contract Period of Performance Contract Line Item Number

(CLIN)

Data Coverage

Base period 0001 September 2018 – August 2019 Option year (OY) 1 1001 September 2019 – August 2020 OY2 2001 September 2020 – August 2021 OY3 3001 September 2021 – August 2022 OY4 4001 September 2022 – August 2023 Six month extension of contract performance per 52.217-8 Option to

5001 To be Determined

Extend Services. (NOV 1999)

2. Background. The BLS is the principle Federal agency responsible for measuring price changes in the economy. Because of the importance of the BLS data, it is critical that the price indexes are accurate, timely and relevant. To assure the accuracy and relevance, the BLS periodically examines the results of the surveys in order to benchmark processes and products and to improve index methodology and surveys. The data requested in this Statement of Work will be evaluated and potentially used as an aid in improving and estimating price indexes.

The BLS intends to utilize the timely and actual new vehicle individual transaction price data to improve the published new vehicle indexes. BLS has purchased approximately 10 years of new vehicle data that have been used for development of index construction, evaluation of timeliness, processing and research. BLS intends to use the new vehicle data for future publication in its indexes.

Historically, it has been a challenge to price and measure new vehicles. The BLS would utilize the monthly detail data supplied by a private sector vendor. This data shall detail data supplies “actual prices” paid from the majority of the US’s new vehicle transactions consisting of minimally 175,000 vehicle transactions per month. The final goal is to successfully incorporate abundant and timely price data to improve accuracy of the published new vehicle index.

3. Scope.

a. Each month shall contain minimally 175,000 individual new vehicle actual transactions. Each vehicle transaction shall contain 40 variables.

b. The current monthly new vehicle data shall be delivered by the vendor in a two-step delivery procedure per month:

· The first delivery (preliminary delivery) will accrue between the 24th - 25th of the month. The first data delivery will include all transactions starting with the first day of the previous month until the 23th of the current month.

· The second delivery (final delivery) shall accrue by the 4nd of the following month. This second delivery will include all transactions for the entire month

· If any of the delivery/transaction dates accrue on a weekend or a Federal holiday then the delivery/transaction date will be the following business day.

First Delivery

CPI Production Month

Time Period Coverage Start

Time Period Coverage End * First Run Date First Delivery Date

January Dec 1, YYYY of previous year January 23 January 24 January 25

February January 1, YYYY February 23 February 24 February 25

March February 1, YYYY March 23 March 24 March 25

April March 1, YYYY April 23 April 24 April 25

May April 1, YYYY May 23 May 24 May 25

June May 1, YYYY June 23 June 24 June 25

July June 1, YYYY July 23 July 24 July 25

August July 1, YYYY August 23 August 24 August 25

September August 1, YYYY Sept. 23 Sept. 24 Sept. 25

October Sept. 1, YYYY October 23 October 24 October 25

November October 1, YYYY Nov. 23 Nov. 24 Nov. 25

December Nov. 1, YYYY Dec. 23 Dec. 24 Dec. 26

* Includes any unobserved vehicles with a close-date from the Time Period Coverage Start to the Time Period Coverage End

Second Delivery

CPI Production Month

Time Period Coverage Start Start and End Second Run Date Second Delivery Date

January January YYYY (entire month) Feb. 3 February 4

February February YYYY (entire month) March 3 March 4

March March YYYY (entire month) April 3 April 4

April April YYYY (entire month) May 3 May 4

May May YYYY (entire month) June 3 June 4

June June YYYY (entire month) July 3 July 5

July July YYYY (entire month) August 3 August 4

August August YYYY (entire month) Sept. 3 Sept. 4

September Sept. YYYY (entire month) Oct. 3 October 4

October October YYYY (entire month) Nov. 3 Nov. 4

November Nov. YYYY (entire month) Dec. 3 Dec. 4

December Dec. YYYY (entire month)

Jan. 3, YYYY of following year

Jan. 4, YYYY of following year

4. Description of Tasks.

4.1 New Vehicle Transactions.

The vendor shall provide the specified data in a common electronic file format, such as delimited ASCII files, Excel workbooks, or SAS dataset.

The information provided by the vendor shall include the following characteristics for each month of the POP: Close Date, Type of Sale, Model Year, Manufacturer, Nameplate, Series, Model, Trim Level, Cylinder, Displacement, Body Style, Drive Type, Doors, Transmission, Fuel Type, Vehicle Price Less Rebate, Vehicle Price, Consumer Cash Rebate Amount, Vehicle Cost, Amount Financed, Down Payment, Monthly Payment, APR Finance Rate, Gross Profit, DMA - Designated Marketing Area, Trade-In Allowance, Trade- In Amount, Trade-In Odometer, Trade-In Squish VIN, Trade-In Equity, Term Variable, Color, Squish VIN, Total in Finance & Interest Income, MSRP, Days to Turn, Service Contract Premium, Lease Cap Reduction, Level Yield Lease Factor, and Lease Residual.

The following table is the New Vehicle variables in a list format.

Number Description

1 Close Date

2 Type of Sale

3 Model Year

4 Manufacturer

5 Nameplate

6 Series

7 Model

8 Trim Level

9 Cylinder

10 Displacement

11 Body Style

12 Drive Type

13 Doors

14 Transmission

15 Fuel Type

16 Vehicle Price Less Rebate

17 Vehicle Price

18 Consumer Cash Rebate Amount

19 Vehicle Cost

20 Amount Financed

21 Down Payment

22 Monthly Payment

23 APR Finance Rate

24 Gross Profit

25 DMA - Designated Marketing Area

26 Trade-In Allowance

27 Trade-In Amount

28 Trade-In Odometer

29 Trade-In Squish VIN

30 Trade-In Equity

31 Term Variable

32 Color

33 Squish VIN

34 Total in Finance & Interest Income

35 MSRP

36 Days to Turn

37 Service Contract Premium

38 Lease Cap Reduction

39 Level Yield Lease Factor

40 Lease Residual

The information shall be available at the lowest geographical level, that is, Designated Marking Area (DMAs).

4.2 Dealership Changes.

The contractor shall notify COR or another point of contact identified by COR within two weeks if a vehicle nameplate (e.g., Mazda) enters or exits the sample so that BLS can make adjustments.

5. Performance Standards. The vendor shall provide:

a. New vehicle data as described in Sections 3: Scope and 4: Description of Tasks.

b. A proposed data set organization (data dictionary), with lists and descriptions of all variables.

c. A sample and survey design documentation which describes time periods, item coverage, geographic location and sampling methodology.

d. The current monthly new vehicle data shall be delivered in a two-step delivery procedure per pricing month: Refer to 3. Scope for delivery dates.

e. Customer support to answer any detailed questions about the data by telephone or email within two business days.

6. Place of Performance. Data files and/or proprietary software shall be delivered, installed, and/or maintained at the Bureau of Labor Statistics, 2 Massachusetts Avenue. NE Washington DC 20212. All analysis work with these data will be performed at this address.

7. Travel. No travel will be required for this contract.

8. Period of Performance. The period of performance consists of one base period and four one-year option periods:

Contract Period of Performance Data Coverage Base period September 2018 – August

Option year (OY) 1 September 2019 – August

OY2 September 2020 – August

OY3 September 2021 – August

OY4 September 2022 – August

Six month extension of contract To be Determined performance per 52.217-8 Option to Extend Services. (NOV 1999)

9. Delivery Schedule.

Deliverables listed below are in addition the data under Section 3: Scope.

Deliverable Title Format Delivery Date Recipient Data Dictionary Excel or Word document 30 days from start of base period

COR or another point of contact identified by COR

Sample Survey Design Documentation

Excel or Word document

30 days from start of base period

COR or another point of contact identified by COR

10. Security.

The vendor will not have access to BLS data.

11. Data Availability. Please be advised that the selected vendor shall not use the Bureau of Labor Statistics name in connection with any collection of data that is being purchased under this contract. The data being purchased should be commercially available and not collected exclusively on behalf of the BLS.

D - Packaging and Marking

Clauses

There are no clauses in this section

E - Inspection and Acceptance

Clauses

There are no clauses in this section

F - Deliveries or Performance

Clauses

All data and deliverables shall be addressed to the COR identified at the time of award or another contact identified by the COR.

G - Contract Administration Data

Invoicing and Other Administrative Data

G.1 SUBMISSION OF INVOICES

INVOICING PROCEDURES ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(a) Definitions. As used in this clause-

(1) Contract financing payment has the meaning given in FAR 32.001.

(2) Invoice payment has the meaning given in FAR 32.001.

(3) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

https://www.acquisition.gov/far/current/html/Subpart%2032_1.html#wp1024838 https://www.acquisition.gov/far/current/html/Subpart%2032_1.html#wp1024838 https://www.acquisition.gov/far/current/html/Subpart%2032_1.html#wp1024838 https://www.acquisition.gov/far/current/html/Subpart%2032_1.html#wp1024838

(b) Electronic Payment Requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this clause, and therefore no additional electronic invoice submission is required.

An original invoice shall be prepared and submitted to the Department of Labor (DOL) by email to: DOL-

BLS@quickpay.dol.gov

(c) Data Transmission. A contractor must ensure that the data transmission method and format comply with the following provisions:

(1) The contractor shall:

a. Address the invoice to the appropriate e-mail address specified in the contract.

b. Submit the invoice via attachment in PDF or TIFF format.

c. Submit only one invoice per electronic submittal.

d. Enter specific information in the subject line of the e-mail in the following format:

<Contractor Name>, Bureau of Labor Statistics, <Contract Number, BPA Call or Order Number>, Invoice Number, <Invoice Amount>

Example: ABC Co, OASAM, DOL00-00-X0000/X0000, Invoice Number AB-1298433, $15,000.00.

e. Submit a copy of the email with the attached invoice to the contracting officer’s representative (COR) at the COR email address specified in the contract.

f. Before sending another e-mail with the same invoice attachment, confirm whether DOL has already responded and/or whether you have received a success or failure response to your submission.

(2) The contractor MUST NOT:

a. Submit an invoice that exceeds the size limit of 16 megabytes (approximately 400-500 pages). However, if the invoice exceed this limit, a summary invoice attachment of less than 16 megabytes should be e-mailed to the payment e-mail address above; while the detailed invoice, including any supplemental information, shall be sent to the COR or other representative at the address.

b. Submit an invoice that is heavy in shading or color.

1. An e-mailed PDF image cannot have any text that has a background with any color other than white. If the image has a shaded background, it will be converted to black, and the text will be illegible.

2. An emailed TIFF image must be black and white.

c. Submit more than one attachment, as subsequent attachments will not be recognized.

d. Submit more than one invoice in a single attachment.

e. Attempt to use the “Recall or Resend” email message feature.

(d) General Information. Payment due dates will be calculated only from the date that invoices are received in the electronic invoicing e-mail box and determined to be proper invoices.

mailto:DOL-BLS@quickpay.dol.gov mailto:DOL-BLS@quickpay.dol.gov

Inquiries regarding invoices should be e-mailed to BLSInvoiceInquiry@dol.gov. The relevant invoice must be attached to the inquiry e-mail and the subject line of the e-mail must state “INQUIRY,” followed by the information described in paragraph (1)

d. above.

Example: INQUIRY: <Contractor Name>, Bureau of Labor Statistics, <Contract Number, BPA Call or Order Number>, Invoice Number, <Invoice Amount>

Do NOT use the electronic invoicing e-mail address for inquiries about the invoice.

(e) Invoice requirements. Invoices shall comply with FAR 32.905.

(f) Exceptions. Paper invoices should only be faxed or mailed through U.S. mail when electronic mail cannot be accomplished.

When invoices must be faxed due to e-mail size limitations, fax them to: 202-691-7796

When paper invoices must be mailed due to e-mail size limitations, mail them to the following address:

U.S. Department of Labor Bureau of Labor Statistics 2Massachusetts Avenue, N.E. Room 4135

Washington, D.C. 20212

G.2 PERIOD OF PERFORMANCE

BLS seeks to purchase current monthly new vehicle data from September 2018 – August 2019 during the base period. BLS, may, at its discretion, purchase four additional option years of new vehicle data.

G.3 INCORPORATION OF CONTRACTOR'S QUOTE

It is understood and agreed that the Contractor(s) quote to the U.S. Department of Labor, submitted in response to RFQ 1625DC- 18-Q-00016, dated July 31, 2018, shall be incorporated by reference into this purchase order. The quote shall meet or exceed the requirements of the SOW. The contractor shall perform the work in accordance with their quote, the purchase order, and any modifications issued for this purchase order. In the event of conflict or inconsistency between the quote and purchase order, precedence shall be given in the following order:

(1) Betterments: Any portions of the accepted quote which both conform to and/or exceed the minimum requirements of the SOW.

(2) The SOW and clauses of the purchase order.

(3) All other provisions of the accepted quote.

G.4 STANDARDS OF WORK

It is understood and agreed that the performance of work and services under this contract shall conform to the highest professional standards, in accordance with the Statement of Work herein and industry standard.

H - Special Contract Requirements

Clauses

H.1 NONPERSONAL SERVICES

a. In performance of this contract, the vendor will provide support in the form of services required by program offices to support management of their overall mission.

b. The services required under the purchase order constitute professional and management services within the definition provided by FAR 37.201. Under this purchase order the Government will obtain professional services, which are essential to mailto:BLSInvoiceInquiry@dol.gov https://www.acquisition.gov/far/current/html/Subpart%2032_9.html#wp1032997 https://www.acquisition.gov/far/current/html/Subpart%2032_9.html#wp1032997 the mission but not otherwise available.

c. The Government will neither supervise vendor employees nor control the method by which the vendor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual vendor employees. It shall be the responsibility of the vendor to manage their employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the vendor feels that any actions constitute, or are perceived to constitute personal services, it shall be the vendor's further responsibility to notify the Contracting Officer immediately.

d. These services shall not be used to perform work of a policy/ decision making or management nature. All decisions relative to programs supported by the vendor will be the sole responsibility of the Government. Administrative management and general management consulting services will not be ordered to circumvent personnel ceilings, pay limitations, or competitive employment procedures.

I - Contract Clauses

Clauses

52.202-1 Definitions. (NOV 2013)

52.204-13 System for Award Management Maintenance. (OCT 2016)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items. (JUL 2018)

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(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 (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

[ ] (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 (OCT 2016) (Pub. L.

109-282) (31 U.S.C. 6101 note).

(5) (Reserved)

[X] (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

[ ] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L.

111-117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) (41 U.S.C. 2313).

[ ] (10) (Reserved)

[ ] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[ ] (ii) Alternate I (NOV 2011) of 52.219-3.

[X] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ] (ii) Alternate I (JAN 2011) of 52.219-4.

[ ] (13) (Reserved)

[ ] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[ ] (ii) Alternate I (NOV 2011).

[ ] (iii) Alternate II (NOV 2011).

[ ] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 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] (16) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)).

[ ] (17)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (15 U.S.C. 637(d)(4)).

[ ] (ii) Alternate I (NOV 2016) of 52.219-9.

[ ] (iii) Alternate II (NOV 2016) of 52.219-9.

[ ] (iv) Alternate III (NOV 2016) of 52.219-9.

[ ] (v) Alternate IV (NOV 2016) of 52.219-9.

[ ] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[ ] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

[ ] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[ ] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C.

657f).

[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013) (15 U.S.C. 632(a)(2)).

[ ] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)).

[ ] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[X] (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2018) (E.O. 13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (28) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

[X] (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

[X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[X] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

[X] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

[ ] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[ ] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 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.)

[ ] (35)(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.)

[ ](36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[ ](37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[ ] (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[ ] (ii) Alternate I (OCT 2015) of 52.223-13.

[ ] (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-14.

[ ] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

[ ] (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[ ](ii) Alternate I (JUN 2014) of 52.223-16.

[X] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

[ ] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[ ] (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[ ] (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[ ] (ii) Alternate I (JAN 2017) of 52.224-3.

[ ] (46) 52.225-1, Buy American-Supplies (MAY 2014) (41 U.S.C. chapter 83).

[ ] (47)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[ ] (ii) Alternate I (MAY 2014) of 52.225-3.

[ ] (iii) Alternate II (MAY 2014) of 52.225-3.

[ ] (iv) Alternate III (MAY 2014) of 52.225-3.

[ ] (48) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (49) 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).

[ ] (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[ ] (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

[ ] (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

[ ] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

[ ] (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (JUL 2013) (31 U.S.C.

3332).

[ ] (56) 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

[ ] (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[ ] (58) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

[ ] (59)(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) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

[ ] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

[ ] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

[ ] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[ ] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[ ] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

[ ] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

[ ] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

[ ] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[ ] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

[ ] (11) 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) of this paragraph 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 (OCT 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

(xiii) [ ] (A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O.

13627).

[ ] (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 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)

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 of contract expiration.

(End of clause)

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 within 15 days of the contract expiration date ; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days (60 days unless a different number of days is inserted) 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 60 months(months)(years).

(End of clause)

52.227-14 Rights in Data-General. (MAY 2014)

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/sites/default/files/current/far/html/FARTOCP52.html

(End of clause)

DOL 2012-01 ORGANIZATIONAL CONFLICT OF INTEREST CLAUSE - OCI-1 EXCLUSION FROM FUTURE

AGENCY CONTRACTS (DECEMBER 2012)

ORGANIZATIONAL CONFLICT OF INTEREST

OCI-1 Exclusion from Future Agency Contracts (DECEMBER 2012)

This clause supplements the FAR provisions on organizational conflicts of interest, located at FAR subpart 9.500 and should be read in conjunction with these provisions. To the extent there is any inconsistency or confusion between the two provisions, the FAR provision controls.

(a) Work under this contract may create a future organizational conflict of interest (OCI) that could prohibit the Contractor from competing for, or being awarded, future Government contracts.

The following examples illustrate situations in which organizational conflicts of interest may arise. They are not all inclusive, but will be used by the Contracting Officer as general guidance in individual contract situations:

(1) Unequal Access to Information. The performance of this contract may provide access to “nonpublic information,” which could provide the contractor an unfair competitive advantage in later solicitations or competitions for other DOL contracts. Such an advantage could be perceived as unfair by a competing vendor who is not given similar access to the same nonpublic information that is related to the future procurement action. If you, as a contractor, in performing this contract, obtain nonpublic information that is relevant to a future procurement action, you may be required to submit and negotiate an acceptable mitigation plan prior to being deemed eligible to compete on the future action. Alternatively, the “nonpublic information” may be provided to all offerors.

(2) Biased Ground Rules. Your contract with DOL may have, in some fashion, established important “ground rules” for another DOL procurement in which you may desire to be a competitor. For example, this contract may involve you drafting the statement of work, specifications, or evaluation criteria for a future DOL procurement. The primary concern, in any such situation, is that any such firm could skew the competition, whether intentionally or not, or be perceived as having skewed the competition, in its own favor. If the requirements of this DOL contract anticipate the contractor may be placed in a position to establish important ground rules, including but not limited to those described herein, the contractor may be precluded from competing in the related action or, if possible, may be required to submit and negotiate an acceptable mitigation plan.

(3) Impaired Objectivity. The performance of this contract may result in the contractor being placed in a situation where it is able, or required, to provide assessment and evaluation findings concerning itself, another business division, a subsidiary or affiliate, or other entity with which it has a significant financial relationship. The concern in this case is that the contractor’s ability to render impartial advice to DOL could appear to be undermined by the contractor’s financial or other business relationship to the entity whose work product is being assessed or evaluated. In these situations, a “walling off” of lines of communication between entities or divisions may be acceptable, but it also may not be sufficient to remove the perception that the objectivity of the contractor has been tainted. If the requirements of the DOL procurement indicate that a contractor may be placed in a position to provide evaluations and assessments of itself or other entities with which it has a significant financial relationship, the affected contractor should notify DOL immediately.

The contractor may also be required to provide a mitigation plan that includes recusal by the contractor from one of the affected contracts. Such recusal might include divestiture of the work to a third party.

(b) In order to prevent a future OCI of any kind, the Contractor shall be subject to the following restrictions:

(1) The Contractor may be excluded from competition for, or award of, any government contracts as to which, in the course of performing another contract, the Contractor has received nonpublic and competitively relevant information before such information has been made generally available to other persons or firms.

(2) The Contractor may be excluded from competition for, or award of, any government contract for which the contractor actually assisted or participated in the development of specifications or statements of work.

(3) The Contractor may be excluded from competition for or award of, any government contract which calls for it to evaluate itself, any affiliate, or any products or services produced or performed thereby.

(4) The Contractor may be excluded from…