20340923R00004.pdf

UNITED STATES MINT

SOLICITATION

SOLICITATION NUMBER: 20340923R00004 Page 1 of 42

SOLICITATION NUMBER: 20340923R00004

ISSUED BY / RESPOND TO:

ADDRESS:

CONTRACTOR NAME:

PERIOD OF PERFORMANCE:

CALI M WESSON, Contracting OfficerPOINT OF CONTACT:

Labor-hourCONTRACT TYPE:

DESCRIPTION:

The Contractor agrees to furnish and deliver all items and perform all services as set forth herein. The rights and obligations of the parties to this contract shall be subject to and governed by the contract and all attachments thereto. By executing this document, the Contractor agrees to all terms and conditions included herein and has read the Notice Regarding Inapplicability of Laws Governing Procurement or Public Contracts, (GP-1).

The Bureau of the Fiscal Service, on behalf of the United States Mint, is issuing this solicitation to acquire Medical Professional Services for Reasonable Accomodation (RA) Requests, as specified herein.

FSA-DCAROZZA

Bureau of the Fiscal Service

Division of Procurement

Avery 5F

200 Third Street

ATTN:D,CAROZZA

Parkersburg WV 26101

SOLICITATION DATE:

SOLICITATION DUE DATE: October 28,2022

October 12,2022

FOR THE UNITED STATES MINT

Date:

Title: Contracting Officer

Typed Name: CALI M WESSON

SIGNATURE

Acceptance

FOR

Date:

Title:

Typed Name:

SIGNATURE

Offer

20340923R00004

TABLE OF CONTENTS

SECTION B – PRICING 3

SECTION C – PERFORMANCE WORK STATEMENT 4

SECTION D – PACKAGING AND MARKING 8

SECTION E – INSPECTION AND ACCEPTANCE 9

SECTION F – DELIVERIES AND PERFORMANCE 10

SECTION G – CONTRACT ADMINISTRATION DATA 11

SECTION H – SECURITY REQUIREMENTS 15

SECTION I – GENERAL PROVISIONS AND CONTRACT CLAUSES 18

SECTION J – LIST OF ATTACHMENTS 34

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND ACKNOWLEDGEMENTS 35

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 38

SECTION M – EVALUATION FACTORS FOR AWARD 41

SECTION B – PRICING

B.1 PRICE PROTECTION (B-001) APR 2014

Contractor warrants and guarantees that the prices contained in this contract are the lowest available prices for the types of personnel, goods and/or services specified. If, during the six-month period before the issuance of this contract or purchase/delivery order and for the duration of this contract, the Contractor sells or offers to sell comparable quantities of goods and/or services substantially similar to those purchased under this contract at lower prices or under more favorable terms than those stated in this contract, then the prices and/or terms of this contract shall be automatically revised, as of the date on which the Contractor sold or offered to sell such comparable quantities of goods and/or services, to equal the lower prices and/or more favorable terms. If the United States Mint becomes entitled to lower prices and/or more favorable terms for any goods and/or services under this clause, the Contractor shall promptly notify the United States Mint and refund the difference. If the Contractor does not promptly refund the difference, the United States Mint shall have the right to deduct or withhold payment under this contract or any other current or future contract with the Contractor for the amount of difference. The United States Mint shall have the right to examine and audit the Contractor's records to verify that the Contractor is complying with this provision.

B.2 CONTRACT PRICING (B-003) FEB 2014

All fully burdened labor rates for this contract are included in Table B.2.1 below. These rates are for direct labor exempt and direct labor non-exempt employees (not sub-contracted staff or subcontractors). Direct labor positions are those positions in the contractor’s organization that routinely account for their time worked on customer projects on a weekly/monthly basis.

TABLE B.2.1 – DIRECT LABOR, EXEMPT AND NON-EXEMPT

Labor Category Definition Hourly Rate

To Be Determined by Contractor Physician/Medical Consulting Services as Defined in Section C.3 TBD

B.3 MAXIMUM VALUE OF CONTRACT (B-007) FEB 2014

The maximum potential value of the contract for all ordering periods shall not exceed $TBD at Award.

B.4 PRICING (B-136) FEB 2014

A breakdown of the Contract Line Item Numbers (CLINs) is provided in Table B.4.1 below. The periods of performance for the base year and option years referenced in this table are defined in Clause F-017.

Please note that the United States Mint may, at its sole discretion, shift funding between CLINs, if necessary, and when completed within the confines of Clause B-007.

TABLE B.4.1 – CONTRACT LINE ITEM NUMBER (CLIN) BREAKDOWN

CLIN DESCRIPTION CLIN VALUE

0001 Base Year: Physician/Medical Consulting Services TBD

0002 Option Year 1: Physician/Medical Consulting Services TBD

0003 Option Year 2: Physician/Medical Consulting Services TBD

0004 Option Year 3: Physician/Medical Consulting Services TBD

0005 Option Year 4: Physician/Medical Consulting Services TBD

TOTAL MAXIMUM CONTRACT VALUE: TBD

[END OF SECTION B]

SECTION C - PERFORMANCE WORK STATEMENT

MEDICAL PROFESSIONAL SERVICES

C1. BACKGROUND / INTRODUCTION

The United States Mint was established by the United States Constitution and formed in 1792. In 1873, the United States Mint was made a Bureau of the Department of Treasury and today is the world’s largest coin manufacturer, with operations in California, Colorado, Kentucky, New York, Pennsylvania, and Washington, D.C. The United States Mint applies world-class business practices in making, selling, and protecting our Nation’s coinage and assets. This mission and our effectiveness in executing it make the United States Mint one of the few federal agencies that produce an operating profit, annually returning approximately $750 million to the United States Treasury.

The United States Mint Mission: The men and women of the United States Mint serve the nation by exclusively and efficiently creating the highest quality, most beautiful and inspiring coins and medals that enable commerce, reflect American values, advance artistic excellence, educate the public by commemorating people, places and events, and fulfilling retail demands for coins. The primary mission of the United States Mint is to manufacture and distribute circulating coins, precious metals and collectible coins, and national medals to meet the needs of the United States. In addition to producing coins and medals, the United States Mint also maintains physical custody and protection of the Nation's gold and silver assets.

The United States Mint Vision is to be recognized as the finest mint organization in the world, through excellence in our people, products, customer service, and workplace.

The United States Mint Goals include:

Meet the Nation’s need for circulating coins;

Meet public demand for United States bullion coins;

Responsibly expand numismatic program; and Foster a safe, engaged, and innovative workforce.

The United States Mint Core Values are:

Teamwork Integrity Service Respect

The United States Mint is committed to fostering a workplace that is diverse and reflective of the civilian labor force.

C.2 SCOPE OF WORK

The Contractor shall provide the United States Mint with a licensed medical physician to assist in the review and evaluation of submitted medical documentation for reasonable accommodation requests. The fulfillment of this contract will ensure that the United States Mint will meet the requirements of the Rehabilitation Act of 1973, as amended and the Americans with Disabilities Act of 1990, by supporting RA requests from employees with disabilities. This initiative supports the United States Mint’s strategic efforts to promote a diverse workforce that is inclusive and responsive to the needs of individuals with disabilities.

C.2.1 Task: The physician shall be responsible for evaluating the medical documentation and ensuring the requested accommodation will assist the employee with performing the essential functions of their position. Upon receipt of the accommodation request, required documentation confirming diagnoses and applicability of recommendations regarding approval/denial will be submitted in writing via a United States Mint form provided to the doctor/physician.

C.2.1 Deliverable: Doctor/physician shall have seven (7) business days to respond to an evaluation request. Reasonable Accommodation (RA) requests shall be sent via encrypted email to ensure that all PII information is secured. If the doctor/physician requires additional time for an evaluation request, they shall notify the appropriate U.S. Mint point of contact to discuss an alternative timeline if an extension is needed.

C.2.2 Task: The physician may need to contact an employee’s physician to clarify in medical documentation or alternative accommodations. The physician shall work with the Office of Diversity Management and Civil Rights to obtain the appropriate consent and disclosures to do so.

C.2.2 Deliverable: Should the doctor be required to contact the employee’s physician or require additional medical information from the employee, they shall notify the appropriate U.S. Mint point of contact to discuss an alternative timeline if an extension is needed.

C.3 PHYSICIAN PERSONNEL

The Contractor shall provide an appropriately certified and qualified physician on an as-needed basis to the United States Mint. A licensed nurse practitioner or licensed physician’s assistant may serve in this role on an as-needed basis with the selected physician’s approval.

C.3.1 Physician Qualifications

Board certified physician in the role of family medicine, primary care physician, general practitioner and/or occupational and environmental medicine;

Minimum of three (3) to five (5) years of experience;

Experience providing advisement for federal reasonable accommodation requests; and Licensed to practice medicine in Virginia, Maryland, or any state or location with a United

States Mint location (Washington, DC, Pennsylvania, New York, Colorado, Kentucky, or California)

C.3.2 Physician Standards of Conduct

The Physician shall remain neutral and honest and protect confidentiality of employees and their medical information. The Physician must not maintain employee records of accommodation requests.

Once a request is approved/denied and submitted to the U.S. Mint, documentation must be destroyed. The Physician shall maintain compliance with all applicable federal law, government regulations, guidance, and policy in accordance with the Privacy Act of 1974 and HIPAA Privacy Rule.

C.3.3 Substitution and/or Replacement of Personnel

No substitution or replacement of personnel shall be made by the Contractor without written consent of the Contracting Officer (CO). The United States Mint reserves the right to request replacement of any personnel deemed incompetent, careless, unsuitable or otherwise objectionable, or whose continued service under this contract is deemed contrary to the best interests of the United States Mint. The CO will give notice, in writing, to the Contractor of such need for substitution.

Within 72 hours of receipt of notification, the Contractor shall provide proposed personnel to the CO for review, and the CO will seek approval from the COR. The COR will notify the CO in writing if the Contractor-provided replacement personnel is approved, and the CO will then notify the Contractor.

The Contractor shall obtain approval from the COR when the Contractor wishes to substitute personnel. The Contractor shall notify the CO and COR in writing stating the circumstances necessitating the proposed substitution of the personnel. The Contractor shall provide the CO and COR with the personnel’s qualifications for review and approval at least ten (10) business days prior to replacement. The Contractor shall demonstrate the qualifications of the prospective substitute personnel are at least equal to those of the personnel being replaced. The COR reserves the right to disapprove the proposed substitution and/or negotiate with the Contractor for an acceptable replacement.

C.3.4 Security Considerations

All employees of the Contractor who work on this contract are required to successfully complete a Public Trust background investigation in accordance with Section H of this contract.

C.4 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

The United States Mint will evaluate the Contractor’s performance in accordance with the Quality Assurance Surveillance Plan (QASP) identified herein.

C.4.1 Performance Categories and Standards

The COR will summarize and document the Contractor’s performance utilizing the following categories and standards:

a. Quality of Service – Services were completed within the expectation of the United States Mint by the Contractor. The expectation of the United States Mint is defined throughout Section C and Section I.13.

b. Schedule/Timeliness of Service – Services were completed by the Contractor according to the timelines scheduled and agreed upon between the COR and Contractor. Refer to Section I.16 regarding written extensions, and Section I.29 for excusable delays.

c. Cost Control – Costs were managed effectively and/or cost overruns were properly justified and notified in a timely manner.

d. Business Relations – Customer service and interactions were professional and responsive, in accordance with the standards of service outlined throughout Section C and Section I.13.

e. Management of Personnel and/or Subcontractors – Contractor management of personnel and/or subcontractors was effective in successfully performing the services of the contract.

f. Information Control – Confidentiality of all information was maintained of the time during the life of the contract. Refer to Section I.26 regarding proprietary information.

C.4.2 Surveillance Method

The COR will monitor, inspect, and accept the services performed by the Contractor under this contract.

C.4.3 Incentive/Disincentive

a. Incentive – If the Contractor performs the services in accordance with the performance standards, favorable comments will be documented in the Contractor’s past performance and a satisfactory rating will be given. If the Contractor exceeds the performance standards, favorable comments will be documented on the Contractor’s past performance, and a very good or exceptional rating will be given.

b. Disincentive – If the Contractor does not perform the services in accordance with the performance standards, unfavorable comments will be documented on the Contractor’s past performance and a marginal or unsatisfactory rating will be given. In addition, if deemed necessary, the United States Mint may pursue other remedies as set forth in this contract.

C.4.5 Performance Issues

If performance evaluations identify unacceptable performance in any of the above categories, the COR will record it and notify the Contractor within three (3) business days. The Contractor shall acknowledge receipt of the observation in writing; however, acknowledgement of the observation does not constitute concurrence with the observation; it only indicates the Contractor’s confirmation that they have been made aware of a potential performance issue.

The Contractor shall meet with the United States Mint to develop and implement a plan to correct any performance issue at no additional cost to the United States Mint.

If the Contractor does not agree to correct the unacceptable performance issue within the time specified by the United States Mint, then the COR will notify the Contracting Officer, who will take the appropriate action for unacceptable performance.

[END OF SECTION C]

SECTION D - PACKAGING AND MARKING

Section D intentionally left blank. Packaging and Marking requirements are not applicable to this contract.

[END OF SECTION D]

SECTION E - INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE - GENERAL (E-013) MAY 2014

The United States Mint shall have the right to inspect the work being performed under this contract at any place and at any time. Such inspections do not waive any term or requirement under this contract.

(a) Any work found not to be in compliance with the contract, or not in compliance with any task order, shall be corrected by the Contractor at no additional cost to the United States Mint. If the Contractor fails to timely correct the unacceptable work, the Contracting Officer may assess appropriate damages and may terminate the contract.

(b) Inspection of the work shall be made as soon as practicable after completion of the work and subsequent acceptance shall be final except for latent defects, fraud, gross mistakes amounting to fraud, failure to comply with applicable laws, or the United States Mint’s rights under warranty.

(c) Failure to agree with any decision by the Contracting Officer under this clause shall not permit the Contractor to stop or suspend work under this contract or any task order pending resolution of the issue.

Failure to proceed in this manner will constitute a material breach of the contract by the Contractor.

[END OF SECTION E]

SECTION F - DELIVERIES AND PERFORMANCE

F.1 OPTION TO EXTEND SERVICES (F-016) JUL 2014

The United States Mint may require continued performance of any service or supply contract within the limits and at the rates specified in this contract, outside the aggregate performance term. These rates may be adjusted only if agreed to by the United States Mint. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed six (6) months. The Contracting Officer may exercise the option by written notice to the Contractor prior to contract expiration.

Contracting Officers cannot exercise unpriced options.

F.2 CONTRACT TERM (F-017) JAN 1996

This contract shall remain in effect for a maximum of sixty (60) months (excluding the option to extend services referenced in Clause F-016). The Contractor is not guaranteed any work beyond the Base Period. The exercising of each option is at the sole discretion of the United States Mint.

The periods of performance are as follows:

Base Year: 12 Months / TBD at Award Option Year 1: 12 Months / TBD at Award Option Year 2: 12 Months / TBD at Award Option Year 3: 12 Months / TBD at Award Option Year 4: 12 Months / TBD at Award

F.3 PLACE OF PERFORMANCE (F-019) JAN 1996

Though services will be utilized by any United States Mint facility, doctors/physicians will not be required to travel to the United States Mint facility. Unless otherwise specified, all work shall be performed remotely from the contractor’s facility

F.4 REQUIRED SUBMITTALS – SERVICE (F-026 ALT I) FEB 2013

The following submittals are required under this contract:

(a) Security Forms (Section H, Attachment 1, and Attachment 2) – Fourteen (14) calendar days after date of contract award.

(b) Contract Closeout and Release Letter (Clause G-042, Clause G-110, and Attachment 3) – Thirty (30) calendar days after final contract payment.

(c) Insurance Certificate (Clause I-051) - Fourteen (14) calendar days after date of contract award, and upon request thereafter.

[END OF SECTION F]

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 INVOICING (G-034) JUL 1999

The Contractor shall invoice monthly for actual hours expended while performing work under this contract. Payment will be made at prices stipulated in this contract less any deductions provided for. No partial payments are authorized.

G.2 REFUNDS (G-042) APR 2017

The Contractor agrees that any refunds, rebates, or credits (including any related interest) accruing to or received by the Contractor or any assignee, that arise under this contract and for which the Contractor has received reimbursement, will be paid by the Contractor to the Government within 60 days after knowing that money is due to the United States Mint. The Contractor shall execute and deliver, at the time of and as a condition precedent to final payment under this contract, an assignment to the Government of such refunds, rebates, or credits including any interest. The contractor shall notify the United States Mint via the United States Mint Contract Close-out and Release Letter (Attachment 3) upon receipt from the Contracting Officer/Contract Specialist.

G.3 CONTRACTING OFFICER'S REPRESENTATIVE (G-103) JAN 2013

The Contracting Officer's Representatives (CORs) for this contract are:

Primary: Alternate:

Name: [Determined at Award] Name: [Determined at Award] Phone: [Determined at Award] Phone: [Determined at Award] E-mail: [Determined at Award] E-mail: [Determined at Award] Address: [Determined at Award] Address: [Determined at Award]

[Determined at Award] [Determined at Award]

(a) COR LIMITATIONS - Performance of the work under this contract shall be subject to the technical direction of the COR. Technical direction shall be issued in writing by the COR with a copy to the Contracting Officer and must be within the specifications/scope of work as described in Section C.

The COR does not have the authority to, and may not issue any technical direction which: (1) constitutes an assignment of additional work outside the existing specifications/scope of work; (2) constitutes a change; (3) in any manner causes an increase or decrease in the total contract cost, the fixed fee (if any), or the time required for contract performance; (4) changes any of the expressed terms, conditions, or specifications of the contract; or (5) interferes with the Contractor's right to perform the terms and conditions of the contract.

(b) TECHNICAL DIRECTION - The term "technical direction" is defined to include the following:

(1) Directions to the Contractor which direct the contract effort, shift work emphasis between work areas or tasks, require pursuit of certain lines of inquiry, fill in details or otherwise serve to accomplish the contractual Statement of Work;

(2) Provision of written information to the Contractor which assists in the interpretation of drawings, specifications, or technical portions of the work description; and

(3) Review and, where required by the contract, approve technical reports, drawings, specifications, products, and technical information to be delivered by the Contractor to the United States Mint under the contract.

G.4 CONTRACTOR CONTACT (G-107) MAR 1998

The person listed below has been designated by the Contractor as the person who the United States Mint may contact during the period of the contract for prompt action on matters pertaining to administration of the contract, including negotiation of any proposed changes. This individual shall also be responsible for distributing Smoking and other site-specific policies to all Contractor employees working at a United States Mint facility and shall serve as the primary point of contact regarding non-compliance with United States Mint policies.

Name/Title: [Determined at Award] Direct Phone #: [Determined at Award] Email Address: [Determined at Award]

Address: [Determined at Award] [Determined at Award]

Main Phone #: [Determined at Award] Fax #: [Determined at Award]

G.5 PAYMENT (G-108) JUL 2018

(a) Payment Due Date. The due date for making payments is 30 calendar days after the later of: 1) Date designated paying office has received a proper invoice (see paragraph c. Invoice Content) or 2) Date United States Mint has accepted goods or services. If delivered goods or completed services are found defective, the provisions of this paragraph will be reapplied upon receipt of corrected goods or services. Payment shall be considered as being made on the date of an electronic funds transfer.

(b) Billing Instructions. The Contractor shall submit invoice(s) electronically in the Invoice Processing Platform (IPP) website at https://www.ipp.gov. Listed below is information for obtaining access and instructions for IPP. In addition, waiver provisions for this requirement are also provided below.

(c) Invoice Content. A proper invoice shall include the following: Name and address of the Contractor;

taxpayer identification number (TIN); invoice date; contract number or other authorization (including delivery/task order number and contract line item number); description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed; shipping and payment terms (e.g., shipment number and date of shipment, prompt payment discount terms); name of payee, telephone number, and address where payment is to be sent; name, telephone number, and address of person to be notified in the event of a defective invoice; and any other documentation required by the contract. An invoice that does not include the minimum elements set forth herein or contains incorrect information is considered defective and will be returned to the Contractor.

(d) Payment Method. All payments will be made by electronic funds transfer. The Contractor shall be registered in the System for Award Management (SAM) database, per Clause I-122 Required System for Award Management (SAM). Electronic payment information will be downloaded from SAM.

Payments will only be issued when the Contractor’s SAM record is current. Invoices will be returned to the Contractor without payment if the Contractor’s SAM record has expired.

In accordance with the Treasury Offset Program, before an eligible federal payment is disbursed to a vendor, the Bureau of the Fiscal Service (BFS) compares the payment information with debtor information in BFS's delinquent debtor database. If the vendor's EIN/TIN and name match the EIN/TIN and name of a debtor, BFS withholds the payment, in whole or in part, to satisfy the debt, to the extent legally allowed. The debt offset will terminate collection of the debt if it is paid in full, compromised, discharged, or if other reasons justify termination. For more information, please visit website https://fiscal.treasury.gov/fsservices/gov/debtColl/dms/top/debt_top.htm.

(e) Interest. Any and all amounts that become payable to either of the parties to this contract shall be subject to interest at the rate determined by the U.S. Treasury under the procedures of the Prompt Payment Act (31 U.S.C. 3901-6 et. seq.) or the Debt Collection Act (31 U.S.C. 3701 et. seq.). Interest penalties are not required on payment delays due to defective invoices.

https://www.ipp.gov/ https://fiscal.treasury.gov/fsservices/gov/debtColl/dms/top/debt_top.htm

(f) Electronic Invoice and Payment Requirements

1. Invoice Processing Platform (IPP) is a secure web-based electronic invoicing and payment information service available to all Federal agencies and their suppliers by the U.S. Treasury's Financial Management Service. IPP allows Federal agencies and their suppliers to exchange electronic purchase orders, blanket POs, invoices, and payment information in one easy to access web portal. This service is free of charge to government agencies and their suppliers.

2. The required method for invoicing is through IPP. The IPP website address is https://www.ipp.gov. Contractor assistance with enrollment can be obtained by contacting the IPP Production Help desk via email ippgroup@bos.frb.gov or phone (866) 973-3131.

3. If the Contractor is unable to utilize IPP for submitting payment requests and one of the below exemptions exist, the CO will forward the Contractor an IPP Waiver Form upon request:

Commercial products and services such as utilities, charge card payments, vendors using Personally Identifiable Information (PII) for identification, relocation services, and other areas where Federal electronic invoicing processes do not match common industry practices.

Payments to foreign bank accounts are not supported by IPP.

If approved, invoices may be submitted electronically to AccountsPayable- Misc@fiscal.treasury.gov after completing the IPP Waiver Form and submitting it via e-mail to contractadministration@fiscal.treasury.gov. Adobe Acrobat Portable Document Format (PDF) and Microsoft Word are acceptable formats. Invoices must contain the information required in accordance with the above information and as required by the United States Mint contract terms.

Under this contract, the following documents are required to be submitted as an attachment to the invoice: The contractors time sheets that support the hours being billed for the month.

(g) Payment and Invoice Questions. For payment and invoicing questions, contact the Accounting Services Division at (304) 480-8000 option 7 or via email at AccountsPayable@fiscal.treasury.gov.

(h) Conversion of Check Payments. Accounts Receivable Conversion of Check Payments to EFT: If the Contractor sends the Government a check for a payment obligation, it will be converted into an electronic funds transfer (EFT). This means the Government will copy the check and use the account information on it to electronically debit the Contractor’s account for the amount of the check. The debit from the Contractor’s account will usually occur within 24 hours and will be shown on the regular account statement. The Contractor will not receive the original check back. The Government will destroy the Contractor’s original check, but will keep a copy of it. If the EFT cannot be processed for technical reasons, the Contractor authorizes the Government to process the copy in place of the original check.

G.6 CORRESPONDENCE PROCEDURES (G-109) DEC 2014

(a) Technical correspondence shall be sent to the COR, with an information copy furnished to the Contracting Officer.

(b) All other correspondence shall be sent to the Contracting Officer, with an information copy to the COR. The United States Mint contract number, task or delivery order number and/or modification number shall be included on all correspondence, information, forms, reports, invoices, etc., relating to this contract.

https://www.ipp.gov/ mailto:ippgroup@bos.frb.gov mailto:AccountsPayable-Misc@fiscal.treasury.gov mailto:AccountsPayable-Misc@fiscal.treasury.gov mailto:AccountsPayable@fiscal.treasury.gov

G.7 CONTRACT CLOSEOUT (G-110) APR 2017

It is the United States Mint’s policy to close out contracts as soon as possible after completion of all deliverables and expiration of any warranty period. Accordingly, the contractor shall submit a final invoice based on the terms and conditions stated within the contract. Once final payment has been made by the Government, the contractor must sign the attached release entitled “United States Mint Contract Close-out and Release Letter” discharging the Government, its officers, agents, and employees of and from all liabilities, obligations, and claims arising out of or under this contract. Failure to provide, or take exception to, the release within 30 calendar days of final payment shall constitute contractor’s release of and from all liabilities, obligations, and claims arising out of or under this contract.

[END OF SECTION G]

SECTION H - SECURITY REQUIREMENTS

H.1 SECURITY PROCEDURES FOR CONTRACTOR EMPLOYEES ALT 1 (H-044) FEB 2018

It is not anticipated that access to United States Mint premises will be required under this contract. In the event access is required, special security procedures shall apply which will be communicated to the contractor by the Contracting Officer at that time.

H.2 NON-DISCLOSURE AGREEMENT (H-047) FEB 2018

The Contractor shall complete, and require their employees and subcontractors to complete, applicable United States Mint Non-Disclosure Agreements prior to obtaining access to any sensitive United States Mint information or systems, including the United States Mint Mailing List, contract documents, accounting records, personnel records, automated systems, plans/drawings, etc.

H.3 SECURITY OVER UNITED STATES MINT ASSETS (H-048) FEB 2018

(a) Adequate security accountability and internal control procedures shall be employed to protect United States Mint information and property against loss or improper use. United States Mint property shall be segregated and secured separately from other non-United States Mint materials and shall be clearly identified as United States Mint property, unless otherwise authorized by the United States Mint in writing. These procedures and the Contractor's Security Plan, based on industry standards commensurate with the property to be protected, to include a site survey, shall be subject to the approval of the United States Mint Police and subject to review throughout the life of the contract to assure compliance. The United States Mint Police shall be entitled to inspect the contractor's facilities during the life of the contract to determine adequate protection of Government assets.

(b) If the Contract permits the Contractor to handle Mint Furnished Property (MFP) under this Contract, prior to handling such property both the Contractor and the location at which the Contractor will handle the MFP must be cleared in writing by the United States Mint’s Protection Directorate. The Contractor shall remove no MFP from any location cleared for the purposes of work under this Contract unless:

(1) The Contract requires the movement of MFP as a function of the statement of work and such movement is in accordance with all terms and limitations under Contract; or

(2) The movement involves items of property that, by their very issuance and nature, are intended to be portable (e.g. laptop computers, cellular telephones, personal digital devices) as long as the movement of such MFP is in furtherance of the statement of work and is otherwise in accordance with all terms and limitations under Contract. All MFP that is capable of digitally storing information must be encrypted using FIPS 140-2 compliant algorithm prior to leaving the premises.

(3)

(a) The Contractor has provided the United States Mint notice in writing no less than sixty

(60) days prior to the proposed relocation in order to facilitate a smooth transition, including sufficient time to obtain review and clearance for the move and the new location to be reviewed and cleared in writing by the United States Mint’s Protection Directorate (the Contracting Officer is authorized to waive this notice requirement in the event of emergency, such as quarantine or natural disaster, or for other good cause shown);

(b) The United States Mint’s Protection Directorate has conducted a site inspection of the proposed new location and the Contractor has been provided a written clearance from the United States Mint’s Protection Directorate for the location, authorizing the movement of MFP to, and the handling of MFP at, the new location; and

(c) The Contractor has fulfilled all other requirements under this Contract related to the handling and protection of MFP, including but not limited to, the requirement that the new location be an insured location under all required insurance policies, requirements pertaining to physical security, and all requirements pertaining to compliance with all state and locals laws and regulations necessary to occupy and perform the activities required to be performed under the contract at the new location.

(d) In the event the United States Mint Police determines that background investigations are required of contractor employees, the forms and conditions shall be communicated to the contractor by the Contracting Officer, as per instructions above.

H.4 SECURITY AND CONTROLS (H-129) FEB 2018

The contractor shall establish a security program that safeguards all sensitive unclassified information received or generated under this contract, including information concerning United States Mint/Treasury security policy and United States Mint/Treasury security architecture. The contractor shall adhere to TD P 85-01, Treasury IT Security Program https://thegreen.treas.gov/programs/cyber/Pages/csp.aspx and TD P 15-71, Treasury Security Manual https://thegreen.treas.gov/programs/security/Pages/publications.aspx.

H.5 SENSITIVE INFORMATION (H-130) FEB 2018

The United States Mint may, during the performance or administration of this Contract, provide the Contractor with access to “Sensitive Information.” “Sensitive Information” means any information, the loss, misuse, or unauthorized access to or modification of which could adversely affect the national interest or the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept secret in the interest of national defense or foreign policy. “Sensitive Information” includes information designated by the United States Mint as “Sensitive But Unclassified (SBU)”, “Controlled Unclassified Information (CUI)”, “For Official Use Only (FOUO)”, or “Limited Official Use” and also includes trade secret or confidential information protected by section 1905 of title 18 of the United States Code (the Trade Secrets Act). All Sensitive Information made available to the Contractor by the United States Mint for the performance or administration of this contract shall be used only for those purposes and shall not be used by the Contractor in any other way without the prior written approval of the Contracting Officer.

H.6 SENSITIVE DATA PROCESSED ELECTRONICALLY (H-131) FEB 2018

All Sensitive Information shall be processed in United States Mint facilities on United States Mint-provided equipment approved for such use. Sensitive media shall be stored onsite at the United States Mint facility, and shall not be removed by the Contractor. When contract performance involves an outsourced IT system or requires processing of United States Mint sensitive information on a non-United States Mint system, that system shall be subject to audit and review by the United States Mint Office of Information Security Division to ensure that United States Mint information is protected in accordance with the Federal Information Security Management Act.

If the contract performance includes the design, operation or maintenance of an information system for United States Mint use, the Contractor shall support the Security Assessment and Authorization activities for systems they design, provide, operate, or maintain.

H.7 DISPOSITION OF INFORMATION (H-132) FEB 2018

Sensitive Information and materials shall be destroyed or returned to the Information Security Division (ISD) upon completion of this contract. Physical (i.e. paper) information and materials shall be destroyed in such a manner that renders them impossible to reassemble (i.e. pulverized or cross-shred) and digital records shall be destroyed in accordance with NIS TSP 800-88.

Retention of sensitive information beyond the period of performance shall be pre-approved, in writing, by the Contracting Officer and the Chief Information Security Officer (CISO).

Upon completion of this contract, the contractor shall ensure all electronic storage media and memory components on the contractor's and any subcontractor's equipment are either provided to the United States Mint or are purged of all Sensitive Information in accordance with TD P 85-01, and shall certify this in writing. All United States Mint documents provided to or generated by the contractor shall be returned to the COR upon completion of this contract. Public release of any United States Mint/Department of the Treasury information received or generated by the contractor is not permitted without prior approval by the Contracting Officer and the Chief Information Security Officer.

H.8 SECURITY AWARENESS AND EDUCATION (H-133) FEB 2018

The Contractor shall ensure that its security program includes appropriate security awareness and training. At a minimum, the contractor shall provide each employee with an initial security orientation prior to that employee being given access to sensitive unclassified information. An annual refresher and additional supplemental security information shall be provided as appropriate. The training shall identify, at a minimum:

What information is considered sensitive Access requirements and procedures for protecting sensitive information Security requirements and individual responsibilities for protecting sensitive information, as well as protecting information systems that process sensitive information Penalties for actual or suspected disclosure of sensitive information Rules of Behavior for United States Mint IT System Users (Attachment 2)

The contractor shall ensure any additional security training appropriate to each employee's duty is provided.

The contractor shall include any security awareness training provided to their employees under this contract as part of required progress reports. The information in the report shall include the number of employees trained, their names, the type and cost of training.

H.9 CONFIDENTIALITY (H-134) FEB 2018

The preliminary and final deliverables for all associated working papers, documents and other material identified by the United States Mint by the contractor in the performance of this contract are the property of the United States Mint and must be submitted to the COR at the conclusion of the contract.

Only contractor employees that have been through the vetting process and have a favorably adjudicated background investigation shall be provided access to these materials. Access to, or discussion of, any materials related to this contract, its deliverables, conclusions, or results, shall be on a need-to-know basis.

These deliverables, working papers and documents cannot be reproduced, retained, or destroyed by the contractor. Any requests for release of this information by the contractor shall be pre-approved, in writing, by the Contracting Officer and the Chief Information Security Officer (CISO).

[END OF SECTION H]

SECTION I - GENERAL PROVISIONS AND CONTRACT CLAUSES

I.1 NOTICE REGARDING INAPPLICABILITY OF LAWS GOVERNING PROCUREMENT OF

PUBLIC CONTRACTS (GP-1) MAR 2003

This is a contract for goods and/or services necessary for carrying out the programs and operations of the United States Mint. Pursuant to 31 U.S.C. § 5136, provisions of law governing the procurement of public contracts shall not be applicable to the procurement of goods and/or services necessary for carrying out United States Mint programs and operations.

I.2 CHANGES (GP-2) OCT 1998

The Contracting Officer may at any time, by written order, make unilateral changes to the contract including orders to stop work. The Contractor may request an equitable adjustment if such change impacts the cost or period of performance and if such request is made within 30 days from date of receipt of the written order.

I.3 DISPUTES (GP-3) OCT 2011

Failure to agree on any issue under the contract shall constitute a dispute to be resolved under this clause. If the parties cannot reach an agreement after diligently pursuing a solution through negotiations, the Contractor shall submit a written claim to the Contracting Officer, stating the relief sought and requesting a written decision. The Contracting Officer shall make a decision in writing within ninety (90) days of the filing of the claim or notify the Contractor of the date by which the decision will be made. The decision of the Contracting Officer shall be binding unless the Contractor submits an appeal to the United States Mint Chief Financial Officer (CFO) within thirty (30) days of receipt of the Contracting Officer's decision. The decision of the CFO shall be final and binding on the parties and shall not be subject to further dispute, nor subject to further administrative or judicial review or appeal. The Contractor shall proceed diligently with performance of this contract pending final resolution of any request for relief, claim, appeal or action arising under this contract, and comply with any decision of the Contracting Officer.

I.4 ENTIRE AGREEMENT (GP-4) APR 1996

This contract represents the entire agreement between the parties. Any previous understandings, proposals, representations, etc., whether oral or written, are superseded in their entirety by this contract.

I.5 GOVERNING LAW (GP-5) NOV 1996

This agreement shall be governed by, construed, and interpreted only in accordance with applicable Federal law(s).

I.6 INDEMNITY (GP-6) SEP 1997

Contractor shall indemnify the U.S. Government, the United States Mint and its officers, employees, and contractors from and against any and all liabilities, injuries, damages, settlements, royalties, penalties and fines and other losses of every kind incurred in connection with any claims, assertions, threatened or filed actions, suits, investigations or proceedings concerning or resulting from any alleged or actual violation(s) of: a) any breach or alleged breach of any warranty, representation or obligation in this contract or any delivery order; b) any alleged or actual infringement of any copyright, trademark, patent or any other established intellectual property right; c) any alleged or actual violation of any federal, or state law, rule, or regulation or order; and d) any alleged or actual death of or injury to any person, damage to any property or any other damage or loss claimed to be caused in whole or part from the contractor’s negligence or any actual or alleged defect in the goods and/or services provided under this contract.

I.7 UNITED STATES MINT APPROVAL (GP-7) NOV 1996

For the purposes of this agreement, any requirement for approval of the United States Mint shall be read to require written approval by the authorized Contracting Officer.

I.8 PERMITS & COMPLIANCE (GP-8) APR 2017

The Contractor shall, without additional cost to the United States Mint, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes and regulations applicable to the contract award and performance of work by the Contractor or any subcontractor under the contract including all applicable safety and health regulations. Failure to comply with this provision may subject the contract to termination or revision as appropriate.

I.9 PUBLICITY (GP-9) MAR 1996

Publicity and news releases in connection with this contract shall not be made by the Contractor unless prior written approval has been obtained from the Contracting Officer.

I.10 REMEDIES NOT EXCLUSIVE (GP-10) FEB 1997

The rights and remedies of the parties provided in the agreement are cumulative and not exclusive and are in addition to any other rights and remedies provided by law.

I.11 RIGHTS IN DATA (GP-11) JUL 1999

a) All materials, data, software and creative work (“Work Product”) created, generated or commissioned directly under this contract shall become the property of the United States Mint. Contractor hereby assigns all rights, title and interest to the United States Mint in any and all Work Product produced or created under this contract and all drafts thereof, including all worldwide copyright ownership rights in such Work Product. Contractor certifies and warrants that any Work Product created or produced under this contract will be an original work and not a reproduction of any copyrighted or trademarked work.

b) Contractor agrees to insert this clause in any contract with any sub-Contractor performing work under this contract. If the sub-Contractor refuses to accept this clause, the Contractor shall promptly notify the Contracting Officer and shall not proceed with sub-contract award. Failure to comply with the requirements of this clause shall be a material breach of the contract.

c) Notwithstanding any provisions to the contrary contained in any standard commercial license or lease agreement pertaining to any copyrighted commercially available computer software delivered under this contract, the parties agree that the provisions of this contract shall control.

I.12 SEVERABILITY (GP-12) NOV 1996

If any provision of this agreement shall be determined to be invalid or unenforceable, the remaining provisions of this agreement shall not be affected thereby, and every provision of this agreement shall remain in full force and effect and enforceable to the fullest extent permitted by law.

I.13 STANDARD OF PERFORMANCE (GP-13) NOV 1996

The Contractor agrees to, at all times, act in good faith and in the best interests of the United States Mint and agrees to use its best efforts in performing its duties under this contract.

I.14 SURVIVAL (GP-14) NOV 1996

The covenants contained in this Agreement which, by their terms, require their performance after the Expiration or Termination of this Agreement shall be enforceable notwithstanding the Expiration or other Termination of this Agreement.

I.15 TERMINATION (GP-15) APR 2017

A. The United States Mint may terminate the contract, in whole or in part, when—

(1) it is in the best interest of the United States Mint; or

(2) the Contractor defaults because it fails to—

(a) make timely delivery of any good or service,

(b) meet any material requirement specified in the contract,

(c) perform any material obligation under the contract,

(d) meet inspection standards specified in Section E Inspection and Acceptance Clause, or

(e) make adequate progress so as to endanger performance of the contract.

B. Termination in the best interest of the United States Mint: The United States Mint may terminate the contract when the Contracting Officer determines that it is in the best interest of the United States Mint. In the event of such a termination, the United States Mint shall be liable only for the contract price for supplies that the United States Mint has accepted, the contract price for services rendered and accepted before the date of termination, and for reasonable costs incurred by the Contractor in good faith resulting from the termination. Such costs shall not include any lost profit, special or consequential damages and shall be limited to the contract price less any amounts previously paid by the United States Mint under the contract.

C. Termination for Default: In the event of a contractor default, the Contracting Officer may terminate the contract and assess damages against the Contractor, including reasonable re-procurement costs to include any excess costs incurred in acquiring supplies and services similar to those terminated for default.