2031ZA21Q00249_Soliciation.pdf
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- International Background Check Services
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- 2031ZA21Q00249
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REQUEST FOR QUOTE
International Background Check Services
2031ZA21Q00249
Table of Contents
Section Description Page Number(s) A General Information 2 B Pricing Schedule 3 C Performance Work Statement 4-11 D Packaging and Handling 12 E Inspection and Acceptance 13 F Delivery or Performance 14 G Contract Administration Data 15-16 H Special Contract Requirements 17-20 I Contract Clauses 21-31 J Attachments 32 K Certifications 33-48 L Instructions to Offerors 49-51 M Evaluation 52-53
SECTION A – GENERAL INFORMATION
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.
1.0 This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-05 effective 10 March 2021.
2.0 This procurement is a total small business set aside. The associated NAICS code is 561611, Investigation Services, with a small business concern size standard of $22M.
3.0 The Defense Priorities and Allocations System (DPAS) and assigned rating are not applicable to this procurement.
[END OF SECTION]
SECTION B – PRICING SCHEDULE
1.0 PRICING (below are estimated quantities for evaluation purposes)
Base Year Period: 30 August 2021 – 29 August 2022 CLIN Item Qty UOM Unit Price Extended Price
Subscription service for contractor to conduct business/person search queries
EA
Option Year 1 Period: 30 August 2022 – 29 August 2023
Option Year 2 Period: 30 August 2023 – 29 August 2024
Option Year 3 Period: 30 August 2024 – 29 August 2025
Option Year 4 Period: 30 August 2025 – 29 August 2026
SECTION C – PERFORMANCE WORK STATEMENT
International and Domestic Investigative Services
PART 1
GENERAL INFORMATION
The Bureau of Engraving and Printing (BEP), District Currency Facility (DCF) has a requirement to provide Business Research and Reporting Services which include criminal record search, public records search, open source data and analytical, and publically posted social media content. This effort is needed to produce actionable tips and leads for BEP in an effort to detect fraud and criminal activity by an enhanced vetting process of businesses and principals that provide/purchase goods and services to and from the Department of the Treasury.
General: This is a (non-personnel) services contract to provide International/Domestic Personnel and Business background information. The Government will not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.
1.1 Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform International Personnel and Business Services as defined in this Performance Work Statement (PWS)except for those items specified as government furnished property and services.
The Contractor shall perform to the standards in this contract. Provide subscription service for Personnel and Business Research & Reporting Service (Domestic and International) and submit one electronic Portable Document Format (PDF) copy of each business or personnel background check back to BEP.
1.2 Background: Comprehensive reports are needed to provide the BEP with the ability to identify and link actionable “tips and leads” relative to law enforcement investigations, BEP customer validations/fraud detection involving businesses and personnel.
1.3 Objectives: Produce actionable information for the BEP in an effort to detect fraud and criminal activity by enhanced vetting process of business and principals that provide/purchase goods and services for the Department of the Treasury through BEP. Additionally, this information will be used to clear vendors wanting access to the BEP and the Currency Technology Office/Federal Reserve Bank/Richmond, Virginia.
1.4 Scope: The Contractor shall provide a subscription service where business and personnel search queries
Domestic and International are conducted to provide results in a specified report to validate customers, locate personnel and produce actionable “tips and leads” for criminal and administrative investigations that enhanced vetting process of businesses and principals that provide goods and services to the BEP.
Once completed, the Contractor shall provide the data in a completed report.
1.5 Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and four
(4) 12-month option years from contract award.
1.6 General Information
1.6.1 Quality Control: Quality Control is the responsibility of the Contractor. The Contractor is responsible for the delivery of quality services/supplies to the Government.
The Contractor shall develop, implement and maintain an effective Quality Control System which includes a written Quality Control Plan (QCP). The QCP shall implement standardized procedure/methodology for monitoring and documenting contract performance to ensure all contract requirements are met. The Contractors’ QCP must contain a systematic approach to monitor operations to ensure acceptable services/products are provided to the Government. The QCP, as a minimum, shall address continuous process improvement; procedures for scheduling, conducting and documentation of inspection; discrepancy identification and correction; corrective action procedures to include procedures for addressing Government discovered non-conformances; procedures for root cause analysis to identify the root cause and root cause corrective action to prevent re-occurrence of discrepancies; procedures for trend analysis; procedures for collecting and addressing customer feedback/complaints. The contractor shall upon request provide to the Government their quality control documentation. The QCP shall be delivered within 30 days after contract award. Three copies of a comprehensive written QCP shall be submitted to the CO and COR within 5 working days when changes are made thereafter. After acceptance of the quality control plan, the Contractor shall receive the Contracting Officer’s acceptance in writing of any proposed changes to their QC system.
1.6.2 Quality Assurance: The government shall evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is a Government only document primarily focused on what the Government must do to assure that the Contractor has performed in accordance with the requirements of the contract.
1.6.3 Federal Government Holidays: The Contactor is not required to perform services on holidays.
New Year’s Day 1st day of January Martin Luther King Jr.'s Birthday 3rd Monday of January Presidents Day 3rd Monday of February Memorial Day Last Monday of May Independence Day 4th day of July Juneteenth Day 19th of June Labor Day 1st Monday of September Columbus Day 2nd Monday of October Veterans Day 11th day of November Thanksgiving Day 4th Thursday of November Christmas Day 25th day of December
1.6.4 Hours of Operation: The Contractor is responsible for conducting business, between the hours for the
DCF from 8:00 am to 4:00 pm Eastern Standard Time Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor shall coordinate with the government regarding hour of operation for BEP Year End Shut Down. For other than firm fixed price contracts, the Contractor will not be reimbursed when the government facility is closed for the above reasons.
The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons.
When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.
1.6.5 Place of Performance: The work to be performed under this contract will be performed at the Contractor facility.
1.6.6 Type of Contract: Firm Fixed Price (FFP)
1.6.7 Security Requirements: Contractor personnel (to include subcontractors) performing work under this contract are not required to have any required level of security clearance at time of the proposal submission, and not necessary for the contract personnel to maintain the level of security required for the life of the contract as classified information will not be shared during the length of the contract and work by the contract personnel will not be performed at the BEP.
1.6.7.1 Physical Security: The Contractor personnel shall recognize that BEP deals with sensitive information and other proprietary information, which are valuable, special, and unique assets. All information pertinent to BEP’s information technology resources is highly sensitive and may not be released to third parties without the express, written consent of BEP. This information requires strict control procedures to preclude unauthorized disclosure or dissemination. Information pertinent to personnel is protected from unauthorized disclosure under the provisions of the Privacy Act of 1974 (5 U.S.C.
552a). Contractor personnel shall not divulge, disclose, or communicate in any manner, any information to any third party without prior written consent of the BEP. Contractor personnel shall protect information and treat it as strictly confidential and will abide by the security requirements of BEP. A violation of this paragraph shall be a material violation of this Contract. Should the Contractor receive or suspect they have learned of sensitive or classified information, the Contractor shall identify and report suspicions to the COR.
1.6.8 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5, Post Award Orientation. The Contracting Officer, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the Contracting Officer will apprise the Contractor of how the government views the Contractor's performance and the Contractor shall apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.
1.6.9 Contracting Officer Representative (COR): The COR will be identified by separate letter by the CO.
The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance;
maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, and specifications; monitor Contractor's performance and notify both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property; and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.
1.6.10 Key Personnel: The follow personnel are considered key personnel by the government: The Contractor shall provide a Contract Manager who shall be responsible for the performance of the work.
The name of this person and an alternate who shall act for the Contractor when the manager is absent shall be designated in writing to the contracting officer. The Contract Manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract.
The Contract Manager or alternate shall be available between 8:00 am, Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons.
1.6.11 Identification of Contractor Employees: All contract personnel (to include subcontractors) attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed. All Contractor personnel shall clearly identify themselves as a Contractor and shall be required to wear identification (ID) badges in a visible location on the front of exterior clothing, above the waist, (except when safety or health reasons prevent such placement). ID badges shall be worn at all times when performing work. ID badges shall have an identification picture, and shall state the name of the individual and the company they represent.
A listing of issued identification cards shall be furnished to the Contracting Officer prior to the contract performance date and updated as needed to reflect Contractor and Subcontractor personnel changes.
Contractor personnel are prohibited from possessing weapons, firearms or ammunition, on themselves or within their Contractor-owned or privately owned vehicle while on BEP premises.
1.6.12 Supervision of Contractor Employees: The Government will not exercise any supervision or control over Contractor or subcontractor employees while performing work under the contract. Such employees shall be accountable solely to the Contractor, not the Government. The Contractor, in turn, shall be accountable to the Government for Contractor or subcontractor employees.
1.6.13 Contractor Travel: N/A
1.6.14 Other Direct Costs: N/A
1.6.15 Data Rights: N/A
1.6.16 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.
1.6.17 PHASE IN /PHASE OUT PERIOD: To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on board, during the 30 day phase in/ phase out periods. During the phase in period, the Contractor shall become familiar with performance requirements in order to commence full performance of services on the contract start date.
PART 2
DEFINITIONS & ACRONYMS
2. DEFINITIONS AND ACRONYMS:
2.1 DEFINITIONS:
2.1.1 CONTRACT SPECIALIST. The official Government representative delegated authority by the
Contracting Officer to administer a contract. This individual is normally a member of the appropriate Contracting/Procurement career field and advises on all technical contractual matters.
2.1.2 CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or services to the government. The term used in this contract refers to the prime.
2.1.3 CONTRACTING OFFICER. A person with authority to enter into, administer, and/or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.
2.1.4 CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.
2.1.5 DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.
2.1.6 DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.
2.1.7 GOVERNMENT-FURNISHED PROPERTY (GFP) or GOVERNMENT PROPERTY (GP).
Property in the possession of, or directly acquired by, the Government and subsequently made available to the Contractor.
2.1.8 KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS.
When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.
2.1.9 PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.
2.1.10 QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are acceptable in accordance with established standards and requirements of this contract.
2.1.11 QUALITY ASSURANCE SPECIALIST. An official Government representative concerned with matters pertaining to the contract administration process and quality assurance/quality control. Acts as technical advisor to the Contracting Officer in these areas.
2.1.12 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.
2.1.13 QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.
2.1.14 SUBCONTRACTOR. One that enters into a contract with a prime Contractor. The Government does not have privity of contract with the subcontractor.
2.1.15 WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.
2.1.16 WORK WEEK. Monday through Friday, except for Federal holidays unless specified otherwise.
2.2. ACRONYMS:
ACOR Alternate Contracting Officer's Representative BEP Bureau of Engraving and Printing CPARS Contractor Performance Assessment Reporting System CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative
FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 CO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Plan TE Technical Exhibit
PART 3
GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES
3. GOVERNMENT FURNISHED ITEMS AND SERVICES:
N/A
PART 4
CONTRACTOR FURNISHED ITEMS AND SERVICES
N/A
4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:
4.1 General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.
PART 5
SPECIFIC TASKS
5. Specific Tasks: BEP is requesting a vendor to provide a Personnel and Business Research & Reporting
Service for Public Records, Criminal Records, Open Source data and analytical publically posted social media content for a government agency with law enforcement responsibilities. This effort is needed to produce actionable “tips and leads” for BEP in an effort to conduct investigations, identity verification, reduce fraud, validate customers, criminal activity/anti-money laundering checks, protect against unauthorized transaction/claims or other liabilities, access to be in compliance with federal, state or local laws, rules and other applicable legal requirements, access in connection with any civil, criminal, administrative or arbitral proceeding in anticipation of litigation pursuant to an order of a federal, state or local court, verify holder of a commercial driver’s license, and conduct an enhanced vetting process of businesses and principals that provide goods and services to BEP.
5.1 Basic Services. The Contractor shall provide subscription service for Personnel and Business
Research & Reporting Service (Domestic and International).
5.2 The Contractor shall submit a PDF style report to the BEP in a timely fashion.
PART 6
APPLICABLE PUBLICATIONS
6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS) :
6.1 The Contractor (to include subcontractors) must abide by all applicable regulations, publications, manuals, and local policies and procedures for the protection of Personal Data Privacy.
PART 7 – ATTACHMENT/TECHNICAL EXHIBIT LISING
Attachment/Technical Exhibit List:
Attachment 1/Technical Exhibit 1 – Performance Requirements Summary Attachment 2/Technical Exhibit 2 – Deliverables Schedule
TECHNICAL EXHIBIT 1 - PERFORMANCE REQUIREMENTS SUMMARY
The Contractor tasks requirements summarizes the performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of work required for each requirement. These thresholds are critical to mission success.
Performance Objective
Performance Standard Performance Threshold Incentives (Positive or Negative)
Report Turnaround
5-7 business days from receipt of data
Zero deviation from standard Positive or negative performance in Contractor Performance Assessment Reporting System (CPARS)
TECHNICAL EXHIBIT 2 – DELIVERABLES
This Technical exhibit lists any reports or documentation that is required as deliverable to include the frequency, # of copies, medium/format and who/where it is to be submitted. A deliverable is anything that can be physically delivered but may include non-physical things such as meeting minutes. Note: All PWS deliverables should be included in this exhibit.
Deliverable
Frequency
# of Copies
Medium/Format
Submit to
Business/Personnel Research & Background Service (Public Records, Open Source & Social Media)
Per each request
Submit one electronic PDF copy of each business or personnel background check.
Authorized
BEP
requesting personnel
SECTION D – PACKAGING AND HANDLING
INTENTIONALLY LEFT BLANK
SECTION E – INSPECTION AND ACCEPTANCE
CLAUSE
NUMBER TITLE DATE
52.246-1 Contractor Inspection Requirements APR 1984 52.246-4 Inspection of Services-Fixed-Price AUG 1996
SECTION F – DELIVERY OR PERFORMANCE
INTENTIONALLY LEFT BLANK
SECTION G – CONTRACT ADMINISTRATION DATA
1.0 CONTRACT ADMINISTRATION OFFICE.
This Contract will be administered by:
Bureau of Engraving and Printing Office of the Chief Procurement Officer (OCPO) 14th and C Streets, S.W.
Washington, D.C. 20228-0001
Written communication to the Contracting Officer shall make reference to the Contract number.
2.0 DTAR 1052.201-70, Contracting Officer's Representative (COR) Appointment and Authority
(APR 2015)
(a) The COR WILL BE PROVIDED AT CONTRACT AWARD.
(b) Performance of work under this contract is subject to the technical direction of the COR identified above, or a representative designated in writing. The term “technical direction” includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.
(c) Technical direction must be within the scope of the contract specification(s)/work statement. The COR does not have authority to issue technical direction that:
(1) Constitutes a change of assignment or additional work outside the contract specification(s)/work statement;
(2) Constitutes a change as defined in the clause entitled “Changes”;
(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;
(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;
(5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or
(6) Directs, supervises or otherwise controls the actions of the Contractor's employees.
(d) Technical direction may be oral or in writing. The COR must confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.
(e) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the Contractor, any direction of the COR or the designated representative falls within the limitations of (c) above, the Contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.
(f) Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled “Disputes.” (End of clause)
3.0 DTAR 1052.232-7003, Electronic Submission of Payment Requests (APR 2015)
(a) Definitions. As used in this clause—
(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract.
(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support contact information, is available atwww.ipp.gov or any successor site.
(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with Treasury procedures.
(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request. (End of clause)
SECTION H – SPECIAL CONTRACT REQUIREMENTS
1.0 TYPE OF CONTRACT.
This is a firm, fixed price Contract for services.
2.0 AGENCY POLICIES REGARDING COVID-19.
Keeping the workforce virus-free is a shared responsibility of BEP employees and contractors. Public health experts agree that face coverings are an additional step to protect against COVID-19 when combined with social distancing and good hygienic practices. Along with social distancing, wearing a mask is one of the key recommended preventive measures in limiting the spread of this virus to others, especially from infected individuals who do not show symptoms.
All personnel entering and exiting the facilities are required to wear a facial covering (cloth or mask).
Bandanas, Novelty/non-protective masks, masks with ventilation valves, or face shields are not a substitute for proper masks and are PROHIBITED from use in BEP facilities.
All personnel must wear a face covering while in common spaces:
• Hallways
• Elevators
• Restrooms
BEP will enforce proper mask usage with contractors inside the Bureau. Masks shall be worn properly.
3.0 COVID-19 RECOMMENDED SAFETY GUIDANCE AND PROTOCOLS.
The BEP is following all currently recommended safety guidance and protocols. This guidance includes actions individuals must take:
• DO NOT come to work if sick or feel unwell in any way.
• Maintain social distancing of 6 feet or more whenever possible.
• Wear masks and face coverings onsite! It is mandatory when social distancing cannot be maintained.
• Limit movement within the plant to only what is necessary to delivery or pick-u items.
• Follow healthcare provider’s and CDC’s guidance regarding recovery.
Contractors awaiting results from a coronavirus test are required to remain off premises.
4.0 INTERPRETATION OF CONTRACT REQUIREMENTS.
No interpretation of any provision of this BPA, including applicable specification(s)/ work statement, shall be binding on the Government unless furnished or agreed to in writing by the Contracting Officer.
5.0 NOTICE TO THE GOVERNMENT OF DELAYS.
In the event the Contractor encounters difficulty in meeting performance requirements, or when it anticipates difficulty in complying with the agreement pick up schedule or date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this agreement, the Contractor shall immediately notify the CO and the COR, in writing, giving pertinent details, provided, however, that this data shall be informational only in character and that this provision shall not be construed as a waiver by BEP of any pick up schedule or date or of any rights or remedies provided by law or under this BPA.
6.0 DISCLOSURE OF CONFLICTS OF INTEREST.
It is the BEP policy to make awards to only those offerors whose objectivity is not impaired because of any related past, present, or planned interest, financial or otherwise, in organizations regulated by BEP or in organizations whose interests may be substantially affected by Departmental activities. Based on this policy, if at any time during the performance of this agreement the Contractor knows of any Conflict of Interest situation affecting the organization, any of its officers or Key Persons working under this agreement, has reason to believe that a conflict of interest situation might arise, or is made aware of an actual or potential conflict of interest situation:
• The Contractor shall immediately provide to the Contracting Officer a written statement which describes in a concise manner all past, present or planned organizational, financial, contractual or other interest(s) with that organization regulated by BEP, or with that organization or individual whose interests may be substantially affected by Departmental activities, and which is related to the work under this agreement. The interest(s) described shall include those of the Contractor, its
19 Bureau of Engraving and Printing 2031ZA21Q00141 affiliates, consultants, Subcontractors and key personnel of any of the above. Past interest shall be limited to within one year of the date of the offeror's technical offer. Key personnel shall include any person owning more than 20% interest in the organization, and the organization's corporate officers, its senior managers and any employee who is responsible for making a decision or taking an action on this agreement where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.
• The Contractor shall describe in detail when it became aware of the actual or potential conflict of interest, what action the organization has taken or proposes to take to mitigate and/or rectify the situation, and why it believes, in light of the interest(s) identified above, that performance of the agreement can still be accomplished in an impartial and objective manner.
• In the absence of any relevant interest identified above, the Contractor shall certify in its statement that to its best knowledge and belief no affiliation exists relevant to possible conflicts of interest. The Contractor must obtain the same information from any potential Subcontractors prior to award of a subcontract.
• The Contracting Officer will review the statement submitted and may require additional relevant information from the Contractor. All such information, and any other relevant information known to BEP, will be used to determine whether a conflict of interest exists or a situation exists that may create a conflict of interest. If any such conflict of interest is found to exist, the Contracting Officer may (1) terminate the agreement, or (2) determine that it is otherwise in the best interest of the United States to continue the agreement with the Contractor and (3) modify the agreement to include appropriate provisions to mitigate or avoid such conflicts in the agreement.
• If the Contractor refuses to provide the written statement called for in this section, or any additional information that the Contracting Officer may require, the Contracting Officer may terminate for convenience of the government if he or she deems that termination is in the best interest of the Government.
7.0 SOCIAL DISTANCING CONTRACT TRACING WEARABLE DEVICE (SDCT)
PROGRAM
The Bureau of Engraving and Printing (BEP) is implementing a Social Distancing Contract Tracing wearable device (SDCT Device) program in a continued effort to promote social distancing and to protect workers from spreading COVID-19. This program complies with the Occupational Safety and Health Act of 1970, Pub. L. 91-596, 29 U.S.C. § 668, which requires Federal agencies to maintain an illness prevention program.
Beginning on or after April 1 2021, your employees who work on site at BEP will be issued a SDCT device as Government Furnished Equipment, and they will be responsible for wearing and maintaining the device. The SDCT Device must be worn and displayed like a PIV badge by all workers while in BEP’s facility. Device interactions, including serial number, date, and duration, are collected by sensors and digitally stored in the Cloud for contact trace reporting in the event of a COVID-19 exposure on site. The devices contain a unique serial number, and they do not transmit Personally Identifiable Information. The workers’ names are stored in a separate database and only accessed if a worker tests positive for COVID-19 and discloses this
20 Bureau of Engraving and Printing 2031ZA21Q00141 information to BEP. If contact tracing is required, the worker’s identity will be shared only with personnel who have a need-to-know to perform official duties.
The SDCT Device uses radio frequency-based communications, and it is not GPS-based. The SDCT Devices do not provide the specific geographic location of the device, nor do they track the movement of workers. The SDCT Devices lose connectivity with facility sensors when they are 100 feet or more from the facility or when deactivated by the worker. As required by the Privacy Act of 1974, the Department of the Treasury published a system of records notice that covers the use of the SDCT devices at BEP.
https://www.federalregister.gov/documents/2021/02/24/2021-03770/privacy-act-of- 1974-system-of-records. For your reference, we have attached a copy of the Privacy Act Statement regarding the SDCT devices. Also, for additional information about this program, please see the attached document containing answers to frequently asked questions.
Finally, BEP encourages you to support your employees in obtaining priority to receive the COVID-19 vaccine. Please contact your Contracting Officer for a letter from BEP indicating that your contract qualifies as a Federal government mission essential contract because it supports BEP’s continued production of the nation’s currency during the pandemic.
Please do not hesitate to contact your Contracting Officer if you have any questions about the SDCT Device Program.
21 Bureau of Engraving and Printing 2031ZA21Q00141
SECTION I – CONTRACT CLAUSES
FAR CLAUSE 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 assessed electronically at this/these address:
www.acquisition.gov (End of Clause)
CLAUSE NUMBER TITLE DATE
52.202-1 Definitions JUN 2020 52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.203-17 Contractor Employee Whistleblower Rights and Requirement To
Inform Employees Of Whistleblower Rights
JUN 2020
52.204-12 Unique Entity Identifier Maintenance OCT 2016 52.204-13 System For Award Management Maintenance OCT 2016 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014 52.204-24 Representation Regarding Certain Telecommunications and Video
Surveillance Services or Equipment
OCT 2020
52.212-1 Instruction to Offerors Commercial Items JUN 2020 52.212-4 Contract Terms and Conditions – Commercial Items OCT 2018 52.219-6 Notice of Total Small Business Set-Aside NOV 2020 52.243-1 Changes—Fixed Price--Alternate I APR 1984 52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.252-1 Solicitation Provisions Incorporated by Reference FEB 1998 52.252-2 Clauses Incorporated by Reference FEB 1998 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
FAR 52.204-1, Approval of Contract (DEC 1989) This contract is subject to the written approval of the BEP Contracting Officer and shall not be binding until so approved. (End of Clause)
FAR 52.204-25, Prohibition On Contracting For Certain Telecommunications And Video Surveillance Services Or Equipment (AUG 2020)
(a) Definitions. As used in this clause -
Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
http://www.acquisition.gov/
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Covered foreign country means The People's Republic of China.
Covered telecommunications equipment or services means-
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technology means-
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).
Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
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Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.
Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.
(b) Prohibition.
(1) Section 889(a) (1) (A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.
(2) Section 889(a) (1) (B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.
This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.
(c) Exceptions. This clause does not prohibit contractors from providing -
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(d) Reporting requirement.
(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at
24 Bureau of Engraving and Printing 2031ZA21Q00141 any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (d) (1) of this clause
(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known);
brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d) (2) (i) of this clause: any further available information about mitigation actions undertaken or recommended.
In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b) (2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.
(End of clause)
FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (JAN 2021)
(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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10
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(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(6) 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:
XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE 2020), 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 (JUN 2020) (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.)
XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
__ (5) [Reserved].
XX (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).
XX (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).
XX (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018)…
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