1625DC-18-R-00002.00001.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

541990

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORBLS NATIONAL OFFICE

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

08/30/2018 1700 ES

08/10/2018

202-691-6068Bryan Broerman (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1625DC-18-R-00002

5. SOLICITATION NUMBER

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

1 46 1625-OPL-18-NAT-0012OFFEROR 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

$15.00

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 Proposals (RFP) is to obtain competitive responses from qualified vendors for Medical Data and Services.

Deadline for Questions: August 17, 2018 at 5pm ET Deadline for Responses: August 30, 2018 at 5pm ET

All questions and responses must be emailed to Bryan Broerman at Broerman.Bryan@bls.gov.

Period of Performance: 09/30/2018 to 09/29/2019 Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Michael DeAngelis

. 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.

0001 Medical Claims Data - Historical Data from

October 2015 to September 2017

Product/Service Code: R702

Delivery: 09/30/2018

0002 Medical Claims Data - Historical Data from

October 2017 to June 2018

Product/Service Code: R702

Delivery: 12/31/2018

0003 Medical Claims Data - Current Data from July 2018 to June 2019

Payable Monthly Upon Delivery of Data

Product/Service Code: R702

Delivery: 90 Days After Notice to Proceed

1001 Medical Claims Data - Current Data from July 2019 to June 2020

Payable Monthly Upon Delivery of Data

(Option Line Item)

(Anticipated Option Exercise Date)09/30/2019

Product/Service Code: R702

Delivery: 90 Days After Notice to Proceed

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

46 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 46

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

1625DC-18-R-00002

2001 Medical Claims Data - Current Data from July 2020 to June 2021

Payable Monthly Upon Delivery of Data

(Option Line Item)

(Anticipated Option Exercise Date)09/30/2020

Product/Service Code: R702

Delivery: 90 Days After Notice to Proceed

3001 Medical Claims Data - Current Data from July 2021 to June 2022

Payable Monthly Upon Delivery of Data

(Option Line Item)

(Anticipated Option Exercise Date)09/30/2021

Product/Service Code: R702

Delivery: 90 Days After Notice to Proceed

4001 Medical Claims Data - Current Data from July 2022 to June 2023

Payable Monthly Upon Delivery of Data

(Option Line Item)

(Anticipated Option Exercise Date)09/30/2022

Product/Service Code: R702

Delivery: 90 Days After Notice to Proceed

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.

[END OF SECTION]

B – SUPPLIES OR SERVICES/PRICES

Item Deliverable Unit of Measure

Units Required

Unit Price

Total Price

0001 Medical Claims Data – Historical Data from October 2015 to September 2017

Data Set 1

0002 Medical Claims Data – Historical Data from October 2017 to May 2018

Data Set 1

0003 Medical Claims Data – Current Data from June 2018 to May 2019 (Payable Monthly Upon Delivery of Data)

Month 12

1001 Option Period I Medical Claims Data – Current Data from June 2019 to May 2020 (Payable Monthly Upon Delivery of Data)

Month 12

2001 Option Period II Medical Claims Data – Current Data from June 2020 to May 2021 (Payable Monthly Upon Delivery of Data)

Month 12

3001 Option Period III Medical Claims Data – Current Data from June 2021 to May 2022 (Payable Monthly Upon Delivery of Data)

Month 12

4001 Option Period IV Medical Claims Data – Current Data from June 2022 to May 2023 (Payable Monthly Upon Delivery of Data)

Month 12

[END OF SECTION]

C - STATEMENT OF WORK

Medical Price Data

I. Background

The Bureau of Labor Statistics (BLS) has an ongoing interest in market data with which to analyze, evaluate, and improve the indexes it produces. Specifically, the BLS is seeking detailed data for hospital and physician transaction prices as listed in the Scope of Work.

II. Scope of Work

The BLS is seeking historical data one year of live medical data and up to four additional years of live data covering the average cost of procedure codes at hospitals and physician offices across 75 Metropolitan Statistical Areas (MSAs). Table 1 outlines what variables should be controlled for.

The one year of live data should be delivered in monthly installments. Each monthly dataset should update the cost values requested in Table 2 to reflect the most recent month available. The data lag should not exceed three months from the date of service of the specified procedure. For example, data for services rendered in January 2019 should be delivered in the April 2019 dataset at the latest.

The three years of historical data can be delivered in a single dataset. Historical datasets should not be lagged, please include contemporaneous cost values (Table 2) in the historical datasets. For example, the October 2015 dataset should include only data where the date of service month is October 2015.

Variables Held Constant

For each MSA, BLS would like to obtain data for 100 physician offices and 10 hospitals. The vendor shall list the accompanying specialty for each of these providers. For each physician, sample 10 procedure codes. For each hospital, sample 100 procedure codes. At hospitals, this procedure code may be a CPT code or a DRG code. For each procedure code sample a corresponding ICD chapter.

For each provider/procedure code combination, sample and control for insurance company.

The physician offices, hospitals, and insurance companies sampled may be de-identified if necessary.

For each provider, list the accompanying place of service code. Once the providers, specialties, insurance company, procedure codes, ICD chapter, and place of service codes are selected they should be held constant from month to month. After the contract is awarded, BLS will work with the vendor to determine which MSAs to select and how to sample providers, specific procedure codes, etc.

Table 1. Variables for Monthly Data File Variable Physicians Hospitals Total MSA 75 Total 75 Total 75 Provider 7500 (100 per MSA) 750 (10 per MSA) 8250 Specialty 1 accompanying each physician 1 accompanying each hospital

Insurance Company 1 accompanying each procedure code

1 accompanying each procedure code

Procedure Code

(CPT/DRG)

75,000 (10 per physician) 75,000 (100 per hospital) 150,000

ICD Chapter 1 accompanying each procedure code

1 accompanying each procedure code

Place of Service Code 75,000 (1 per procedure) 75,000 (1 per procedure) 150,000

Values Updated Each Month

For each provider, insurance company, procedure code combination the vendor shall provide the average allowed amount or the percent change in the average allowed amount, and the quantity of transactions used to calculate the average. The vendor shall also provide the standard deviation for the average allowed amount. These values shall be updated each month to accurately represent contemporaneous average costs, quantity, and standard deviations. Each average allowed amount should also be accompanied by a variable indicating a range of service dates for the procedures used in calculating the cost values.

Table 2. Cost Values Variable Physicians Hospitals Total Average Allowed Amount

75,000 (1 per procedure code) 75,000 (1 per procedure code)

150,000

Quantity 75,000 (1 per procedure code) 75,000 (1 per procedure code)

150,000

Standard Deviation

75,000 (1 per average allowed amount)

75,000 (1 per average allowed amount)

150,000

Date of Service Range

1 range accompanying each procedure code

1 range accompanying each procedure code

Please see the example spreadsheet below for a visual example.

MSA Month Provider Specialty Insurance Company

Procedure Code

ICD

Chapter

Place of Service Code

Avg Allowed Amount

Qty SDevDates of Service

Chicago 201801 Hospital

Pediatric Company A DRG 001 ## ## $100 56 10 1/1/2018 – 1/31/2018

Chicago 201801 Doctor 1 Cardiologist Company B CPT 99213 ## ## $120 92 20 1/1/2018 – 1/31/2018

Expenditure Variables When sampling medical providers to include in the dataset, BLS will ask the vendor to sum each provider’s revenue for a specific reference period. The vendor should provide these revenue values.

Market Share Coverage The vendor shall provide information detailing the coverage/scope of its data for each calendar year included in the dataset. This information should be presented in terms of market share per MSA. This market share information should be provided for all 75 MSAs, updated for each calendar year. For example, a vendor’s data may cover 25% of the healthcare market in Chicago, 50% in Boston, 68% in Los Angeles, etc.

III. Additional Requirements

Potential vendors shall also be able to complete the following tasks:

Provide data in a spreadsheet format in a standard file type is acceptable (i.e. CSV, SAS, txt, etc.)

Provide data in a secure electronic manner such as secure file transfer protocol (SFTP) or secure email.

The contractor shall not provide any patient identifying information or any information that would violate HIPAA.

Vendor shall also provide technical support for data questions and clarifications during the period of performance.

Data Availability: Please be advised that the selected vendor may 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. The vendor will not have access to BLS data.

IV. Deliverables

Description Date of Delivery Data containing variables and values as described in section II. The name of the data file should also include the dates/months that the data covers.

The first dataset shall be delivered no later than October 31, 2018. The data files shall be delivered to BLS data team via SFTP or another secure file transfer method.

Two Years historical data, containing October 2015 to September 2017 data Due by October 31, 2018

8 Months historical data, containing October 2017 to May 2018 data Due by December 31, 2018

June 2018 data Due by December 31, 2018 July 2018 data Due by December 31, 2018 August 2018 data Due by December 31, 2018 September 2018 data Due by January 1, 2019 October 2018 data Due by February 1, 2019 November 2018 data Due by March 1, 2019 December 2019 data Due by April 1, 2019 January 2019 data Due by May 1, 2019 February 2019 data Due by June 1, 2019 March 2019 data Due by July 1, 2019 April 2019 data Due by August 1, 2019 May 2019 data Due by September 1, 2019

Option Period I June 2019 data Due by October 1, 2019 July 2019 data Due by November 1, 2019 August 2019 data Due by December 1, 2019 September 2019 data Due by January 1, 2019 October 2019 data Due by February 1, 2020 November 2019 data Due by March 1, 2020 December 2019 data Due by April 1, 2020 January 2020 data Due by May 1, 2020 February 2020 data Due by June 1, 2020 March 2020 data Due by July 1, 2020 April 2020 data Due by August 1, 2020 May 2020 data Due by September 1, 2020

Option Period II June 2020 data Due by October 1, 2020 July 2020 data Due by November 1, 2020 August 2020 data Due by December 1, 2020 September 2020 data Due by January 1, 2021 October 2020 data Due by February 1, 2021 November 2020 data Due by March 1, 2021 December 2020 data Due by April 1, 2021 January 2021 data Due by May 1, 2021 February 2021 data Due by June 1, 2021 March 2021 data Due by July 1, 2021 April 2021 data Due by August 1, 2021 May 2021 data Due by September 1, 2021

Option Period III June 2021 data Due by October 1, 2021 July 2021 data Due by November 1, 2021 August 2021 data Due by December 1, 2021 September 2021 data Due by January 1, 2022 October 2021 data Due by February 1, 2022 November 2021 data Due by March 1, 2022 December 2021 data Due by April 1, 2022 January 2022 data Due by May 1, 2022 February 2022 data Due by June 1, 2022 March 2022 data Due by July 1, 2022 April 2022 data Due by August 1, 2022 May 2022 data Due by September 1, 2022

Option Period IV June 2022 data Due by October 1, 2022 July 2022 data Due by November 1, 2022 August 2022 data Due by December 1, 2022 September 2022 data Due by January 1, 2023 October 2022 data Due by February 1, 2023 November 2022 data Due by March 1, 2023 December 2022 data Due by April 1, 2023 January 2023 data Due by May 1, 2023 February 2023 data Due by June 1, 2023 March 2023 data Due by July 1, 2023 April 2023 data Due by August 1, 2023 May 2023 data Due by September 1, 2023

D - PACKAGING AND MARKING

There are no clauses in this section.

[END OF SECTION]

E - INSPECTION AND ACCEPTANCE

There are no clauses in this section.

[END OF SECTION]

F – DELIVERIES OR PERFORMANCE

PERIOD OF PERFORMANCE

Base Period 9/30/2018 – 9/29/2019 Option Period I 9/30/2019 – 9/29/2020 Option Period II 9/30/2020 – 9/29/2021 Option Period III 9/30/2021 – 9/29/2022 Option Period IV 9/30/2022 – 9/29/2023

Also see schedule of deliverables in section C.

[END OF SECTION]

G- CONTRACT ADMINISTRATION DATA

G.1 INCORPORATION OF CONTRACTOR’S QUOTE

It is understood and agreed that the Contractor(s) quote to the U.S. Department of Labor dated TBD, submitted in response to this RFP shall be incorporated by reference into this order. The contractor shall perform the work in accordance with their quote, the order, and any modifications issued against this order. In the event of conflict or inconsistency between the quote and 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.2 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS CLAUSE

(February 2014)

(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.

(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.

https://www.acquisition.gov/far/current/html/Subpart%2032_1.html#wp1024838 https://www.acquisition.gov/far/current/html/Subpart%2032_1.html#wp1024838 mailto:DOL-BLS@quickpay.dol.gov

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.

Inquiries regarding invoices should be e-mailed to BLSInvoiceInquiry@bls.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 2 Massachusetts Avenue, N.E.

Room 4135 Washington, D.C. 20212

G.3 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.

[END OF SECTION]

mailto:BLSInvoiceInquiry@bls.gov https://www.acquisition.gov/far/current/html/Subpart%2032_9.html#wp1032997

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 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.

H.2 TEAMING AGREEMENTS

If a teaming arrangement is contemplated, Offerors shall provide letters of commitment or teaming agreements for all critical teaming partners. Offerors shall not propose to use specific teaming partners it does not expect to use during contract performance. Doing so would have an adverse effect on the integrity of the competitive procurement system and provides a basis for proposal rejection.

H.3 BLS CONFIDENTIALITY AND SECURITY REQUIREMENTS

Please be advised that the selected vendor may 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. The vendor will not have access to BLS data.

I – CONTRACT 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, 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:

_x_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 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 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 (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_x_ (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)).

_x_ (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 (June 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 Television (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) (E.O.

13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (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) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

___ (60) (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:

___ (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) (E.O. 13658).

___ (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) 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 (1) 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 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)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT

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 30 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

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:

https://www.acquisition.gov/sites/default/files/current/far/html/FARTOCP52.html

(End of clause)

CONTRACTOR’S OBLIGATION TO NOTIFY THE CONTRACTING OFFICER OF A

REQUEST TO CHANGE THE CONTRACT SCOPE (MARCH 2012)

(a) Except for changes identified in writing and signed by the Contracting Officer, the Contractor is required to notify, within five working days of receipt or knowledge, any request for changes to this contract (including actions, inactions, and written or oral communications) that the Contractor regards as exceeding the scope of the contract. On the basis of the most accurate information available to the Contractor, the notice shall state:

(1) The date, nature, and circumstances of the conduct regarded as a change in scope;

(2) The name, function, and activity of each Government individual and Contractor official or employee involved in, or knowledgeable about, such conduct;

(3) The identification of any documents and substance of any oral communication involved in such conduct;

(b) Following submission of this notice, the Contractor shall continue performance in accordance with the contract terms and conditions, unless notified otherwise by the Contracting Officer.

(c) The Contracting Officer shall promptly, within 5 business days after receipt of notice from the Contractor, respond to the notice in writing. In responding, the Contracting Officer shall either:

(1) Confirm that the Contractor's notice identifies a change in the scope of the contract and directs the Contractor to stop work, completely or in part, in accordance with the Stop Work provisions of the contract;

(2) Deny that the Contractor's notice identifies a change in scope and instruct the Contractor to continue performance under the contract; or

(3) In the event the Contractor's notice does not provide sufficient information to make a decision, advise the Contractor what additional information is required, and establish the date by which it should be furnished and the date thereafter by which the Government will respond.

https://www.acquisition.gov/sites/default/files/current/far/html/FARTOCP52.html

DOLAR 2952.201-70 – CONTRACTING OFFICER’S REPRESENTATIVE (COR) CLAUSE

CONTRACTING OFFICER'S REPRESENTATIVE (COR) CLAUSE

(a) The COR of US Department of Labor, Bureau of Labor Statistics, is hereby designated to act as contracting officer's technical representative (COR) under this contract.

(b) The COR is responsible, as applicable, for receiving all deliverables; inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual scope of work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If, as a result of technical discussions, it is desirable to alter/change contractual obligations or the scope of work, the contracting officer must issue such changes.

PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN

INTERNAL CONFIDENTIALITY AGREEMENTS (MARCH 2015)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) (1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this 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.

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:

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.

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.

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 maybe 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.

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

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…