EAP_RFQ_02152018.docx

ATTACHMENT H

PART I - SUPPLIES OR SERVICES AND PRICES/COSTS

1.0 LINE ITEM DESCRIPTION

In accordance with this contract, the Contractor shall provide all management, materials, equipment, and facilities, except as specified herein to be furnished by the Office of the Comptroller of the Currency (OCC), and shall do all that which is necessary to satisfy the requirements listed in Part II – Performance Work Statement.

1.1 PRICING

The Contractor shall operate a comprehensive employee assistance and work life services program for OCC employees and their family members. All services shall be provided on a firm-fixed price per employee per year basis, except as indicated in PART II, Subsection 2.3.9. Actual payments shall depend upon monthly fluctuations in the number of eligible employees. The OCC shall adjust invoice amounts to reflect the weighted average number of employees employed during each month.

1.1.1 Integrated Employee Assistance Program and Work Life Services. The information provided below regarding estimated or historical services is intended to aid the Contractor in understanding the requirements associated with the services and in submitting an appropriate price quote.

Table 1: Estimated Annual Population Summary

Employee Assistance Program Services

Work Life Program Services

1.1.2 Bulk Material. The COR may order bulk material for mass distribution (e.g. pandemic flu material, starting a career material, etc.). The OCC will reimburse the Contractor actual costs for the bulk material. The OCC shall include a not-to-exceed line item for $2,000 for the base period and each option period.

1.1.3 Visibility Events. The Contractor shall include in its firm-fixed price for Integrated Employee Assistance Program and Work Life Services expenses 300 branded trinkets (not to exceed $2 per trinket) for OCC’s annual benefit fair attendees held in November in Washington, DC.

1.1.4 CLIN Structure. Contract line item prices shall be proposed on a Firm-Fixed Price (FFP) basis and provided in MS Excel Spreadsheet format. The Contractor shall propose the necessary personnel, material, equipment, and services to meet the full performance objectives outlined in the PWS as follows:

BASE YEAR - Period of Performance 7/1/2018 – 6/30/2019

4000*

$3000.00 (NTE)**

$26,000.00 (NTE)

Base Year Total Price

OPTION YEAR ONE - Period of Performance 7/1/2019 – 6/30/2020

4000*

$3,000.00 (NTE)

$26,000.00 (NTE)

Option Year One Total Price

OPTION YEAR TWO - Period of Performance 7/1/2020 – 6/30/2021

4000*

$3,000.00 (NTE)

$26,000.00 (NTE)

Option Year Two Total Price

OPTION YEAR THREE - Period of Performance 7/1/2021 – 6/30/2022

4000*

$3,000.00 (NTE)

$26,000.00 (NTE)

Option Year Three Total Price

OPTION YEAR FOUR - Period of Performance 7/1/2022 – 6/30/2023

4000*

$3,000.00 (NTE)

$26,000.00 (NTE)

Option Year Four Total Price

*Population estimate value provided.

**NTE means not to exceed amount.

PART II - SPECIFICATION/ WORK STATEMENT/

STATEMENT OF WORK

EAP and Work Life Services Performance Work Statement (PWS)

2.1 INTRODUCTION

The Office of the Comptroller of the Currency (OCC) is a non-appropriated federal financial regulatory agency of the Department of the Treasury. The OCC charters, regulates, and supervises national banks and federal savings associations, including supervision of federal branches and agencies of foreign banks. The OCC Headquarters is located in Washington, D.C., with four district offices in New York, Chicago, Dallas, and Denver. See Attachment A for a snapshot of OCC employees and their locations as of February 2017.

The OCC employs approximately 4,000 employees in 78 cities nationwide in offices throughout the contiguous United States with the majority of employees located in Washington, D.C. Additionally, the OCC has five (5) employees located in London, England.

2.2 BACKGROUND

The OCC provides employee assistance and work life program services at no cost to employees and their family members. It is a 100% employer-paid benefit. All OCC employees and their family members may seek employee assistance and work life program services by self-referral, or, in the case of employees, a supervisory referral may initiate the process. The term “family members” is defined as anyone living in the immediate household of the employee and the employee’s parents, in-laws, children, siblings, and other individuals who have significant relationships with an employee, which can affect the employee’s work performance. See Attachment B for the utilization report from February 2017 through December 2010.

The OCC population is approximately 51 percent male and 49 percent female. The average age of employees is 45. OCC employees typically have approximately 15 years of service, with an average salary exceeding $130,000.

OCC employees are eligible to participate in federal group health, life, and long-term care insurance programs; federal retirement plans; and earn vacation and sick leave. In addition to federal benefit programs, OCC has developed its own benefit programs. OCC employees receive dental and vision, long-term disability, and business travel accident insurance at no cost. Employees are eligible to participate in the OCC-sponsored life, short-term disability, and personal accident insurance programs, 401(k) plans (both regular and Roth), and flexible spending accounts for healthcare, dependent care, and parking expenses. In addition, each OCC employee receives a yearly dollar amount to apply towards work life and wellness expenses. The amount is $1,250 for the Life Cycle Account benefit and is subject to change in accordance with the Collective Bargaining Agreement the OCC entered into with the employees union. Finally, OCC employees are provided access to Sittercity.com’s caregiver database through a group membership. OCC pays 100% of the Sittercity.com membership costs for its employees, and the database access is provided to supplement and compliment (not replace) caregiver referrals provided by the traditional resources and referrals described in 2.3.4 below.

The Contractor shall operate a comprehensive employee assistance and work life services program for employees of the OCC and their family members. All services shall be provided on a firm-fixed price per employee per year basis

2.3.2 Performance Requirements

The Contractor shall provide services in accordance with this Performance Work Statement (PWS) regardless of the actual amount of services utilized or fluctuation in service utilization. Any information in this PWS regarding estimated or historical services is intended to aid the Contractor in understanding the requirements associated with the services and in submitting an appropriate quote.

The Contractor shall provide services to meet the PWS and in accordance with the attached performance requirement summary (PRS) (Attachment C) and the OCC shall perform quality surveillance of the Contractor’s performance.

2.3.3 Employee Assistance Program Services

The Contractor shall provide confidential employee assistance services including in-person and telephone clinical assessments, short-term counseling, referrals, monitoring, and follow-up for individuals experiencing mental health, personal, job, stress, and addiction concerns (e.g., relationship difficulties; marital and family problems; life transitions; eating disorders; depression; alcohol and drug dependency; grief and loss; and other emotional needs). At a minimum, the Contractor shall provide the following services and delivery methods to provide employee assistance services to OCC employees and their family members:

2.3.3.1 A nationwide toll-free telephone-counseling center available 24 hours a day, 365 days a year. Intake counselors shall be professionally trained or certified and experienced to provide employee assistance services and referrals.

2.3.3.2 For non-urgent employee assistance services, a local counselor to offer an appointment within 3 to 5 business days of the caller’s initial contact with the Contractor. In an emergency, trained clinicians shall be available by the Contractor to address telephonically the situation immediately and to make a referral to a local counselor or crisis intervention center for assessment, referral and/or short-term problem resolution.

2.3.3.3 Six (6) 50-minute face-to-face short-term counseling sessions per employee or family member per issue per year.

2.3.3.4 Access to a nationwide network of affiliated local mental health and substance abuse counselors who are experienced and licensed/certified psychologists and Master degree counselors (e.g., certified substance abuse counselors and licensed clinical social workers, and licensed marriage and family counselors) who shall assess the problem, provide short-term problem resolution and/or guide the OCC employee or family member to appropriate local treatment resources.

2.3.3.5 Secure Web-based access to services, which allow users to search for a variety of emotional health and wellbeing information and to take private self-assessments for concerns such as chemical dependency and depression. The Contractor’s website shall allow users to search its directory of network providers using criteria such as location, specialty, availability, and/or gender and to initiate assisted referrals.

2.3.4 Work Life Program Services

The Contractor shall provide work life program services 24 hours a day, 365 days a year via a nationwide toll-free call center and a secure website. Intake specialists and counselors shall be professionally trained or certified to provide consultations, referrals and information on:

· Childcare, Parenting, and Adoption;

· Eldercare;

· Geriatric Assessments and Care Services;

· Financial Services;

· Legal Services;

· Educational Services;

· Health and Wellness;

· Pet care;

· Disability issues;

· Convenience Services;

· Management Consultations;

· Discounts;

· On-site Critical Incident Stress Debriefings; and

· Visibility/Outreach Events.

At a minimum, the Contractor shall provide the following services and delivery methods to provide work life services to OCC employees and their family members:

2.3.4.1 Childcare, Parenting, and Adoption. The Contractor shall provide resources and referrals for childcare options, such as child care centers; family in-home care; nanny, au pair, and babysitting agencies; preschools; temporary and backup care; summer camps; and before and after school programs. Childcare counselors shall provide counseling, referral and educational assistance. Prior to making referrals, childcare counselors verify that providers meet the needs of the caller and confirm that an opening is available. For non-urgent needs, three written referral options are provided to the caller within 3 to 5 business days of the request. For urgent needs, referrals are made within 24 hours of the request. Appropriate follow up is made to ensure that the childcare search is complete and satisfactory.

The Contractor’s website shall provide self-search and assisted search functions to locate childcare providers. The Contractor also shall provide online educational information on a variety of childcare and parenting topics, such as adoption, prenatal care, parenting, summer care, adolescent behavior, and special needs for children.

The Contractor shall provide telephone consultation services with adoption specialists to include advice and counseling on adoption options and the adoption process.

The Contractor shall ensure that its consultants make referrals as appropriate to Sittercity.com for self-service caregiver searches and advertise the OCC’s group membership to Sittercity’s caregiver database on its website.

2.3.4.2 Eldercare. The Contractor shall provide resources and referrals for eldercare options, such as independent senior communities, assisted living facilities, nursing homes, home health agencies, social and recreation programs, adult daycare centers, hospice care, backup care, respite care, transportation, and meals. Eldercare counselors shall provide counseling, referral and educational assistance. Prior to making referrals, eldercare counselors verify that providers meet the needs of the caller and confirm that an opening is available. For non-urgent needs, three written referral options are provided to the caller within 3 to 5 business days of the request. For urgent needs, referrals are made within 24 hours of the request. Appropriate follow up is made to ensure that the eldercare search is complete and satisfactory.

The Contractor’s website provides self-search and assisted search functions to locate eldercare providers. The Contractor also provides online educational information on a variety of eldercare topics, such as long distance care giving, Medicare, Alzheimer’s and other medical conditions, elder safety information, and caregiver information.

The Contractor shall ensure that its consultants make referrals as appropriate to Sittercity.com for self-service caregiving searches and advertise the OCC’s group membership to Sittercity’s caregiver database on its website.

2.3.4.3 Geriatric Assessments and Care Services. The Contractor shall provide up to six (6) hours of geriatric assessment services per employee per elder loved one per year. Services may be used by the employee to assess the living conditions of an elder loved one at home or in a facility or to conduct evaluations of prospective elder care facilities. All assessments and evaluations shall be conducted by licensed or certified social workers, registered nurses, or clinical professionals with a minimum of two years of experience in geriatrics or care management of seniors.

Living condition assessments shall include reviewing the elder’s social needs, health and medications, management of daily living activities, emotional health, household or facility safety, nutrition, and cognitive status. The assessment shall take place at the elder’s home or facility where he or she is located within 2 business days of the request or at a mutually agreed upon date between the geriatric professional and elder and/or employee. Within two business days after the visit, the employee is mailed an assessment report and care management plan. Shortly thereafter, the geriatric professional who conducted the assessment shall review the report with the employee and assist with implementing the care plan.

Facility evaluations shall include reviewing elder care facilities, such as nursing homes, assisted living facilities, and hospices. Facility reviews are conducted on-site and encompass facility operations, staffing types and levels, the health and comfort of residents, food services, special programs, and fees and financial information. Facility reviews shall be conducted within two business days of the request or a mutually agreed upon date between the geriatric professional and employee. Within two business days after the review, the employee is mailed a report. At the employee’s choosing, the geriatric professional who conducted the evaluation is available to discuss his or her findings with the employee.

Employees may also use their geriatric care hours for professional assistance and advice. The Contractor shall provide professional care managers to assist employees with managing different geriatric services and products or to assist with arranging for new services. Additionally, care managers may be asked to assist employees with understanding bills and insurance; to provide support at family meetings; to attend visits at nursing homes, hospitals or with doctors; and to assist with respite care.

2.3.4.4 Financial Services. The Contractor shall provide telephonic consultation services with Accredited Financial Counselors (AFCs) who are also Master’s level mental health counselors. Telephonic consultations are up to 60 minutes free of charge and include advice and counseling on financial difficulties and how to resolve them, including helping employees prioritize issues, explore options, identify and address non-financial difficulties, and create action plans. Coaching and support also includes helping employees with budgeting, credit and debt management, and saving and investing.

The Contractor shall also provide telephonic consultation services with Certified Financial Planners (CFPs) to assist callers with retirement planning, investing, insurance, money management, and selecting a local financial planner. Telephonic consultations of this nature are up to 30 minutes free of charge.

The Contractor shall provide telephonic consultation services with Certified Public Accountants (CPAs) to assist callers with tax concerns such as past due taxes, changes in tax rules, filing requirements, and selecting a local tax specialist. Telephonic consultations of this nature are up to 30 minutes free of charge.

The Contractor shall also provide referrals to local financial and tax professionals to assist callers with more complex financial matters. Telephonic consultations and referrals shall be provided within 48 hours of request.

The Contractor also provides online educational information on a variety of financial topics, such as budgeting, investing and saving, debt and credit management, retirement planning, and taxes.

2.3.4.5 Legal Services. The Contractor shall provide a legal referral program with access to licensed attorneys for consultation and local referrals. The Contractor’s services shall include a 30-minute face-to-face or telephonic consultation with an attorney free of charge with reduced rates for additional services. Legal services shall include estate planning, domestic relations, bankruptcy, and property claims. Legal services shall not be made available to callers if the issue is related to a potential cause of action against the OCC. Referrals for non-urgent legal services shall be provided telephonically within 48 hours of the request and a consultation shall be offered within 3 to 5 business days of the request. For urgent legal needs, an immediate referral shall be made and a consultation shall be offered within 24 hours of the request.

2.3.4.6 Educational Services. The Contractor shall provide telephone consultation services with certified education and special needs consultants. Telephonic consultations are up to 60 minutes free of charge and include advice and counseling on choosing a school, preparing for college, talking with teachers, and dealing with special needs. The Contractor shall also provide information and referrals on all types of schools and learning programs for children and adults from kindergarten to graduate programs. Referrals shall be provided telephonically or in writing. In addition, the Contractor shall provide information about tutoring programs, test preparation courses, and scholarship programs. Referrals are made and materials sent to the caller within 48 hours of the request.

2.3.4.7 Health and Wellness. The Contractor shall provide telephonic referrals to health and fitness services and facilities, such as health clubs, personal trainers, nutritionists, health food stores, exercise programs, swimming pools, and tennis/racquetball courts. The Contractor shall also provide printed and online educational information on a variety of health and wellness topics, such as weight management, nutrition, smoking cessation, disease management, time management, self-improvement, stress management, and organization techniques. Referrals shall be made and materials sent to the caller within 48 hours of the request.

The Contractor shall assist the OCC with the development and implementation of a health and wellness program. This includes, at a minimum, the following:

· Conducting an employee needs and interests assessment for planning worksite health and wellness activities,

· Developing communication plan and marketing materials;

· Attending a wellness day event,

· Providing a series of educational seminars, webinars, workshops (in-person and online),

· Conducting worksite health and wellness activities including competitions and challenges, and

· Providing a secure Web-based tool to track competitions and challenges.

The Contractor shall also provide comprehensive and interactive, multi-week programs for employees to lose weight, quit smoking, or reduce stress. These programs may be accessible through the Contractor’s website or by toll free consultations.

2.3.4.8 Pet Care. The Contractor shall provide pet-sitting referrals telephonically or in writing and information on veterinarians, pet insurance, pet health issues, pet stores, and training. Information may be provided online. Referrals are made and materials sent to the caller within 48 hours of the request.

The Contractor shall ensure that its consultants make referrals as appropriate to pet sitters and dog walkers on Sittercity.com and advertise the OCC’s group membership to Sittercity’s caregiver database on its website.

2.3.4.9 Disability. The Contractor shall provide telephone consultation services with disability specialists to include advice and counseling on legal protections, independent living arrangements, transportation programs, advocacy and rights, accessing services and benefits, and caregiving support.

The Contractor also provides online educational information on a variety of disability and special needs topics.

2.3.4.10 Convenience Services. The Contractor shall provide information and referrals on all types of personal or day-to-day needs, such as home maintenance, recreation and leisure activities, relocation (including city/area profiles and neighborhood reports), event planning, automotive and transportation needs, and personal maintenance needs (e.g., dry cleaning and tailoring). Referrals shall be provided telephonically and materials sent to the caller within 48 hours of the request.

2.3.5 Management Consultations

The Contractor shall provide management consultations and verbal advice to supervisors who request assistance concerning referrals to the employee assistance program for work-related problems of employees. No individually identifiable employee information concerning the employee’s treatment shall be provided without the employee’s written consent on a form approved by the Contractor.

2.3.6 Discounts

The Contractor shall provide an employee discount program that includes health and wellness products and services, eldercare products and services, emergency response system services, travel and entertainment, and on other goods and services.

2.3.7 On-Site Critical Incident Stress Debriefings

The Contractor shall provide on-site critical incident counseling within 24 hours after receiving a call for these services by the COR or other authorized individual. The Contractor shall be provided two hours or more advance notice of a counseling need by the OCC. Counseling requests by the OCC shall be limited to one counselor per onsite incident. Contractor personnel sent to conduct this counseling shall be highly qualified and educated (i.e., licensed/certified psychologists or Master degree counselors). The Contractor may be required to provide these services at any OCC location either on-site or via teleconference. Additional fees may apply if the request for counseling is made less than two hours prior to when services need to be provided or if more than one counselor is required onsite per incident. Travel expenses associated with critical incident events shall be the responsibility of the Contractor.

2.3.8 Outreach/Visibility Events

The Contractor shall send a representative to participate in the OCC’s annual benefits fair held in November in Washington, DC. In addition to that, the Contractor shall send a representative to participate in the OCC’s wellness day held in Washington, D.C. The Contractor shall be provided a one-month advance notice in the year that the OCC will have the wellness day event. Travel expenses associated with the annual benefits fair and the wellness day events shall be the responsibility of the Contractor.

The Contractor shall provide 300 branded trinkets for each of these events – the annual benefits fair and the wellness day. Expenses for 600 branded trinkets (not to exceed $2 per trinket) shall be included in the firm-fixed price for Integrated Employee Assistance Program and Work Life Services.

In addition, at the OCC’s request, the Contractor shall send a representative to attend outreach events held at a district or field location within the United States. The Contractor shall conduct in person outreach events at one of OCC’s field or district office each year. The Contractor shall be provided a one-month notice from when a request is received from a district or field office. At the most, there should not be more than 13 request per year.

The Contractor personnel sent to attend all outreach/visibility events shall be highly qualified and well versed in the OCC’s integrated Employee Assistance Program and Work Life Services. The Contractor shall adhere to the requirements delineated in the Federal Travel Regulation (FTR) for all reimbursable travel expenses.

2.4 SPECIAL PROVISIONS

2.4.1 The Contractor shall provide toll free call centers with both English and Spanish speaking intake specialists and counselors/consultants. The Contractor shall also make its website available in English and Spanish and provide informational and education materials in both languages.

2.4.2 Calls to the Contractor’s toll-free number shall be live-answered within four rings and handled by an intake specialist who shall refer the caller to an appropriate resource. Calls transferred by the Contractor to a subcontractor shall be transparent to the caller. Callers shall not be requested to provide their social security number as an identifier.

2.4.3 All Electronic Information Technology (EIT) must meet the applicable standards of Section 508 of the Rehabilitation Act of 1793, as amended. Each product considered must have a completed Contractor self-assessment on how well the product (Software, Web-portals, etc.) meets applicable standards. Specifically, the OCC has determined that the following standards apply:

36 CFR 1194.22 – Web-based Intranet and Internet information and applications 36 CFR 1194.31 – Functional Performance Criteria

2.4.4 Contractor employees and/or subcontractors shall look solely to the Contractor for payment for assessment, referral, short-term problem resolution, and any other services provided pursuant to this contract.

2.5 SECURITY REQUIREMENTS

2.5.1 If the contractor’s proposed solution includes an information system that will collect and store Personally Identifiable Information(PII) for OCC employees, i.e. names, phone numbers, email addresses, home addresses or other sensitive information related to the individual, this information shall be protected in accordance with the Federal Information Security Management Act of 2002 (Public Law 107-347) (FISMA). The contractor’s proposed system shall, at a minimum, include the security controls identified in the National Institute of Standards and Technology (NIST) Special Publication 800-53 Revision 4 “Security and Privacy Controls for Federal Information Systems and Organizations” for a moderate impact system. http://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.800-53r4.pdf

2.5.2 If the contractor’s proposed solution includes the collection and storage of Personally Identifiable Information(PII) for OCC employees, i.e. names, phone numbers, email addresses, home addresses or other sensitive information related to the individual, and the solution is a “cloud based” solution, the contractor shall meet all requirements of the Federal Risk and Authorization Management Program (FedRAMP). http://cloud.cio.gov/fedramp.

2.6 ATTACHMENTS

PART III - OTHER CONTRACTUAL TERMS AND CONDITIONS

3.0 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 address: https://www.acquisition.gov/far/

APR 2014

MAY 2011

OCT 2016

OCT 2016

JUL 2016

JUL 2016

JUL 2016

DEC 2014

JAN 2017

NOV 2015

NOV 2015

JAN 2017

APR 1984

APR 1984

PAYMENTS TO SMALL BUSINESS SUBCONTRATORS

DEC 2013

OCT 2004

3.1 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

(a) Definitions. As used in this clause– “Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

3.2 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (Jan 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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

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

(4) 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 (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 (June 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] _X_ (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 (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)).

_ X_ (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.

_X_ (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)).

_ X_ (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. 657 f).

_ 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).

__ (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 (Sept 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).

_ X_ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (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) (E.O. 13513).

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

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

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

_ X_ (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).

__ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 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)).

__ (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).

_X_ (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:

[Contracting Officer check as appropriate.] _X_ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

_X_ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

_X_ (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).

_X_ (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 (Sept 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) 52.219-8, 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.

(iv) 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.

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

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

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

(x) 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.

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

(xii) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xiii) 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).

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor…