White_House_Fellows_Confernce_Facility_Combined_Synopis_04042018.pdf

24322618R0015

COMBINED SYNOPSIS/SOLICITATION

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; proposals are being requested and a written solicitation will not be issued.

The Solicitation number is 24322618R0015 and is issued as a Request for Proposal (RFP). This solicitation document incorporates all mandatory commercial item provisions and clauses that are in effect through Federal Acquisition Circular (FAC) FAC 2005-97 / 01-24-2018.

The North American Industrial Classification System (NAICS) code is 721110, and the small business size standard is $32.5 million. This is exclusively set-aside for small businesses.

The U.S. Office of Personnel Management (OPM) is soliciting proposals from offerors that are capable of providing overnight accommodations, meeting space and food and beverage services for the White House Fellows Selection Event to be held June 7 – 10, 2018. In addition, there may be a need to reserve additional rooms during the week.

The facility must be located in the downtown Northwest Washington, DC area and be metro accessible.

Note: Food and Beverage services cannot exceed the federal daily per diem rates.

The Office of Personnel Management intends to award one (1) Firm Fixed Price contract for this requirement to the offeror that represents the best value to the Government and can accommodate the requested dates as indicated in the Statement of Objectives.

STATEMENT OF OBJECTIVES

White House Fellows Selection Event

1. BACKGROUND

Founded in 1964, the White House Fellows (WHF) program is America’s most prestigious program for leadership and public service. White House Fellowships offer exceptional young men and women first-hand experience working at the highest levels of the federal government.

White House Fellows typically spend a year working as full-time, paid special assistants to senior White House Staff, the Vice President, Cabinet Secretaries, and other top-ranking government officials. White House Fellows also participate in an education program consisting of roundtable discussions with renowned leaders from the private and public sectors, and trips to study U.S. Policy in action both domestically and internationally. Fellowships are awarded on a strictly non-partisan basis.

2. SCOPE

In support of this mission, WHF needs to acquire a contractor to provide overnight accommodations, meeting space and food and beverage services for the White House Fellows Selection Event to be held June 7 – 10, 2018. In addition, there may be a need to reserve additional rooms during the week. The overnight accommodations and food and beverage services cannot exceed the federal daily per diem rates.

3. APPICABLE CONDITIONS

The Contractor’s facility must be Federal Emergency Management Agency approved and listed on the U.S. Fire Administration Hotel and Motel National Master List found at http://cwww.usfa.fema.gov/hotel/search.cfm.

The Contractor's facility must be compliant with the requirements of the American with Disabilities Act (Public Law 101-336) 42 U.S.C. 12101 et. seq.).

4. GOVERNMENT FURNISHED MATERIAL/INFORMATION:

The government will provide a rooming list NLT May 23, 2018.

5. CONTRACTOR FURNISHED MATERIAL/ INFORMATION:

All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards and, to the extent feasible and reasonable, include the exclusive use of bio-based products. For the bio-based content products evaluation, all non-chemical products proposed for use under this contract must conform to the Department of Agriculture (USDA) Designated Bio-based Products List (DBPL) whenever practicable.

http://cwww.usfa.fema.gov/hotel/search.cfm

Each product submitted must be identified with one of these categories. It is desirable that vendors be able to supply the greatest number of bio-based products listed meeting the health and environmental specifications. Labeling should be printed on all containers.

It is desirable that vendors be able to supply the greatest number of bio-based products listed meeting the health and environmental specifications. Labeling should be printed on all containers.

All related product information to include MSDS sheets and types of chemicals that will be used shall be provided to and approved by an OPM representative prior to contract award.

6. SUMMARY OF REQUIREMENTS:

The offeror shall be required to provide overnight accommodations, conference space, food and beverage services, and visual equipment for the White House Fellows Selection Event on an annual basis to include, but are not limited to following:

1.1 DATES: June 7 – 10, 2018.

1.2. LOCATION: The facility must be located in the downtown Northwest Washington, DC area and be metro accessible. This location provides easy access for OPM coordinators.

1.3 MEETING NEEDS:

June 7, 2018

• Conference Room 1 for 30 people (Conference style set-up for Commissioner’s Meeting)

• Conference Room 2 for 32 people (Conference style set-up for National Finalists)

• Meeting Room for a reception for 60 people

• Meeting Room for a dinner for 60 people

June 8, 2018

• 10 interview rooms (beds removed with 2-4 banquet chairs and one narrow rectangular table to seat 3 chairs on one side and a four chair on the opposite side in each room). All rooms must be on the same floor

• Hospitality room (Must be on the same floor as interview rooms)

• Meeting room for 60 people from 7:00am-6:30pm

• Three (3) Meeting rooms for 30 people from 12:00pm-1:00pm

• Reception room for 65 people for 6:00pm-7:00pm

• Dinner room for 65 people for 7:00pm-9:30pm

June 9, 2018

• 10 interview rooms (beds removed with 2-4 banquet chairs and one one narrow rectangular table to seat 3 chairs on one side and a four chair on the opposite side in each room). All rooms must be on the same floor

• Meeting room for 60 people from 7:00am-6:30pm

• Two (2) Meeting rooms for 30 people from 12:00pm-1:00pm

• Reception room for 65 people from 6:00pm-8:00pm

• Meeting room for 30 people from 8:00pm-10:00pm

June 10, 2018

• Meeting room for 30 people from 7:00am-4:00pm

Note: All conference/reception/and interview rooms should be Non-smoking. All conference/meeting/reception rooms must be on the same floor. The contractor’s facility must be compliant with the requirements of the American Disabilities Act (Public Law 101-336) 42 U.S.C. 12101 et.seq.) and Federal Emergency Management Agency approved and listed on the U.S. Fire Administration Hotel and Motel National Master List found at http://www.usfa.fema.gov/hotel/search.efm.

1.4 OVERNIGHT ACCOMMODATIONS: Lodging rates must be within the Washington, DC per diem. The final room list will be provided no later than May 23, 2018. The overnight accommodations breakdown for this year’s event will be as follows:

June 6, 2018

• Approximately 3 Non-smoking King rooms (Single)

• Approximately 3 Non-smoking Double rooms

June 7, 2018

• Approximately 30 Non-smoking Single rooms

• Approximately 15 Non-smoking Double rooms

June9, 2018

• Approximately 3 Non-smoking Kings rooms (Single)

• Approximately 3 Non-smoking Double rooms

1.5 FOOD AND BEVERAGE SERVICES: The following is a summary of food and beverage service needs for this year’s event:

http://www.usfa.fema.gov/hotel/search.efm

June 7, 2018

• Reception for 60 people

• Plated dinner for 60 people

• Full hot buffet breakfast in Conference room for 60 people

• Coffee for 20 people until mid-morning Hospitality room

• Soft drinks in the afternoon in Hospitality room

• Hot buffet for 60 people split in 3 conference rooms

• Reception for 65 people in conference room

• Plated dinner for 65 people in conference room

June 9, 2018

• Full hot buffet breakfast in Conference room for 60

• Coffee for 20 people until mid-morning in Hospitality room

• Soft drinks in the afternoon in Hospitality room

• Hot Buffet Lunch in 2 conference rooms

• Reception for 65 people

• Dinner for 30 people

• 30 $30 food vouchers for room service/ restaurant use

• Full hot buffet breakfast in Conference room for 30 people

• Coffee/soft drinks break for 30 people

• Box lunches and soft drinks for 30 people

1.6 AUDIOVISUAL EQUIPMENT: Audiovisual equipment will be required for plenary sessions as follows. Audiovisual staff is required to be on site during the dates audio is required.

June 7, 2018 Commissioners Reception

• Podium with wireless backup microphone (1)

National Finalists Welcome and Briefing

• Podium with wireless backup microphone (1)

Commissioners Briefing

• Podium with wireless backup microphone (1)

• Meeting room project package (projector/screen/stand/small video cable lot) (1)

Opening Dinner

• Podium with wireless backup microphone (1)

• Meeting room project package (projector/screen/stand/small video cable lot) (1) June 9, 2018, Commissioners Lunch

• Podium with wireless backup microphone (1)

• Meeting room project package (projector/screen/stand/small video cable lot) (1)

National Finalists Lunch

• Wireless Microphones (2)

June 10, 2018

Commissioners Meeting

• Podium with wireless backup microphone (1)

• Meeting room project package (projector/screen/stand/small video cable lot) (1)

• Tabletop microphones for conference table (10)

Closing Reception

• Wireless Microphones (1)

Total:

Podium with wireless backup microphone=6 Meeting room project package=4 Wireless Microphones=13

1.7 PARKING: Provide participant parking at the hotel.

7. DELIVERABLES:

The contractor shall provide all management, supervision, labor, materials, supplies and equipment (except as otherwise specified); and shall plan, schedule, coordinate, and assure the efficient performance of all overnight accommodations, food and beverage services, meeting space, and audio visual equipment. Rendering of services include but are not limited to the following:

• Overnight Accommodations

• Food & Beverage Service

• Meeting Space

• Audio Visual Equipment

8. PERIOD OF PERFORMANCE:

The period of performance shall be for a period of one year from date of award.

9. PLACE OF PERFORMANCE:

The Government anticipates that the work will be performed at the Contractor facility.

10. QUALITY ASSURANCE SURVEILLANCE PLAN:

Deliverables Performance Standard

Acceptable Quality Level

(AQL)

Monitoring Method Incentive/ Price Reduction

Overnight Accommodations

Food and Beverage Services

Meeting Space

Audio Visual Equipment

END OF SOO

(1) List of Attachments:

Attachment 1 - Pricing Chart Attachment 2 – Relevant Past Performance Questionnaire

52.212-1 Instructions to Offerors—Commercial Items Jan 2017 Incorporated by reference

1. PREPARING THE TECHNICAL PORTION OF THE PROPOSALS

(a) The offeror shall include in its quotation a discussion of the offeror's proposed technical approach to respond to the requirements in the Statement of Objectives(SOO). Present clear and convincing evidence that you understand the scope of work as described in the SOO, and that your technical approach to accomplishing this work is sound. Your technical proposal shall include the following:

• A narrative describing your understanding of this requirement.

• A description of your technical expertise for meeting the requirements of this solicitation. Your narrative should, at a minimum:

o Indicate the initial plan to gain an understanding of OPM’s operations needs;

o Provide Floor plans for the lodging rooms, training rooms and breakout rooms o Describe your strategy for dealing with potential significant technical, administrative, or managerial problems that could arise, particularly those issues that impact deliverable deadlines.

(b) The offeror should describe its capability of meeting the required services as described in the

SOO.

Corporate/Team Experience

The offeror shall summarize its corporate experience (including results) with providing conference facility contracts similar to this solicitation that the offeror has successfully performed in the past three (3) years. The information presented shall be in sufficient detail to describe the previous experience and effectiveness of the offeror in similar or closely related work, and to demonstrate the offeror’s current ability to accomplish the tasking in this solicitation.

This summary should include:

• Firm Experience: statement of the offering firm’s level of involvement, degree of success, number of resources and overall performance on efforts involving the provision of conference facility similar in nature to the requirements of this project.

• Management Experience: statement of the level of involvement, degree of success, number of resources and overall performance on efforts involving the provision of conference facility similar in nature to the requirements of this project, including the resume (s) of the management resources that will be responsible for this project.

• Experience of Available Resources: statement of the level of involvement, degree of success, number of resources and overall performance on efforts involving the provision of conference facility similar in nature to the requirements of this project, including the provision of resumes of resources that will be available for this project.

The offeror shall demonstrate relevant past performance on contracts currently being performed or performed within the past three (3) years from March 28, 2015 or affirmatively state that it possesses no relevant past performance. The Government will determine relevance by analyzing the “scope”, “magnitude” and “complexity” of the reference contracts and comparing them to the instant requirement. The Government reserves the right to evaluate submitted projects individually or in the aggregate in order to determine relevance and will do so consistently across all evaluated offers. The Government will also consider the quality of the Contractor’s relevant past performance.

(c) Also include the following information for three (3) contracts and/or subcontracts for requirements as similar as possible to the current requirement:

• Name of contract or project;

• Contract Number;

• Role (Prime or Subcontractor);

• Sponsoring Organization or Company;

• Contract type;

• Period of Performance;

• Total Contract Value;

• Contract Manager and telephone number;

• Program Manager and telephone number;

• Project description, scope of work performed, services or products delivered;

• Major success or accomplishments, and

• Major problems, lessons learned, and solution(s) applied if applicable.

(d) If the offeror is proposing subcontractors, proposal responses shall include a Contractor

Teaming Arrangement (CTA) between no more than two partners. A copy of the CTA Agreement must be provided in response to this solicitation at the time of the proposal due date. The CTA Agreement must contain all of the elements identified below and be in accordance with Federal Acquisition Regulations (FAR) 9.6 Contractor Teaming Arrangements. Specifically, the CTA Agreement shall:

• Identify the Team Lead and no more than one additional Team Member;

• Identify the Team Member who shall be exclusively responsible for performance and successful delivery of all requirements within this solicitation

• Team Lead shall not limit any rights of OPM to work directly with the other Team

Member CTA’s which are not in affirmative agreement with the above items are not in conformance with this solicitation and shall not be considered for award.

Subcontracting/CTA/JV is NOT required in order for an offeror to submit a proposal response, and/or be awarded a contract. However, offerors may consider subcontracting/CTA/JV’s that are in accordance with FAR and solicitation requirement stated herein as a means to more fully meet the requirements.

Rules concerning subcontracting: The Government considers the prime offeror and subcontractors as a single entity. Therefore, the prime contractor must demonstrate the capability of performing the required services. Post-award changes shall not be considered.

Rules concerning CTAs: The Government considers team members to be separate entities.

Therefore, the team members must demonstrate the capability of providing/performing the required products/services. However, the Team Lead commits to meeting all requirements of this solicitation and the proposed technical response. Post-award changes shall not be considered.

Rules concerning Joint Ventures: A Joint Venture is equivalent to a single entity and will be considered as one (1) company. Offerors proposing as a Joint Venture shall submit their agreement. Post-award changes shall not be considered.

(e) The submission shall be clearly indexed and logically assembled. Each volume shall be clearly identified and shall begin at the top of a page. All pages of each volume shall be appropriately numbered and identified by the complete company name, date and solicitation number in the header and/or footer. A Table of Contents should be created. Files shall use the following Page Setup parameters:

Margins – Top, Bottom, Left, Right - 1” Gutter – 0” From Edge – Header, Footer - 0.5” Page Size, Width – 8.5” Page Size, Height – 11”

The following additional restrictions apply:

• Each paragraph shall be separated by at least one blank line.

• A standard, 11-point minimum font size applies.

• Tables and illustrations may use a reduced font size not less than 8-point and may be landscape.

Proposal page limits are as follows:

• Technical Proposal – 15 pages maximum

• Business/Price Proposal – no page limit

(f) Proposals that exceed the page limits above will be considered non-responsive and will not be given any further consideration. Page numbers, headers and footers may be within the page margins ONLY, and are not bound by the font requirements. Company logos are prohibited with the exception of the Title Page. The page limits are applicable to graphs, tables, drawings and any other attachments submitted with the proposals and not specifically excluded by the solicitation. Any index, table of contents, glossary, company brochures, floor plans, menus, etc. will not be included in the maximum page limitation.

(g) Offeror(s) are responsible for including sufficient details to permit a complete and accurate evaluation of each proposal. Each file of the proposal shall consist of a Table of Contents, Summary Section and the Narrative discussion. The Summary Section shall contain a brief abstract of the file. Proprietary information shall be clearly marked.

2. ADDITIONAL INSTRUCTIONS FOR PREPARING THE TECHNICAL PORTION

OF THE QUOTATION

(a) Proposals which merely offer to conduct the work in accordance with the requirements of the Government’s scope of work will be considered non-responsive and will not be given any further consideration. The offeror must submit an explanation of the proposed technical approach in conjunction with the tasks to be performed in achieving the project objectives.

(b) Evaluation of the technical portion of proposals will be conducted by a technical review committee in accordance with the evaluation criteria stated in FAR Clause 52.212-2, Evaluation - Commercial Items (Oct 2014) below.

3. INSTRUCTIONS FOR PREPARING THE BUSINESS PORTION OF THE

PROPOSAL

PRICE INFORMATION

Offerors shall submit Firm-Fixed Price proposal responses for the each pricing area in the respective pricing chart below (Attachment 1).

Offerors are responsible for computing ALL calculations to determine the total proposed price per course delivery as well as, the total of all proposed course deliveries.

PRICING QUOTES Per Day Total Overnight Accommodations Food and Beverage Services Meeting Space Audio Visual Equipment Total

INFORMATION OTHER THAN PRICING DATA

The vendor shall submit sufficiently detailed information to permit the Contracting Officer and authorized representatives to evaluate the offer. Unless otherwise stated in this solicitation, the information may be submitted in the offeror’s own format.

PRICING

The offorer shall clarify for each line item if the unit price represents the vendor’s published prices, or lower.

SPECIAL BUSINESS PROPOSAL INSTRUCTIONS

The Government anticipates that the work will be performed at the Contractor’s facility.

52.212-2 Evaluation—Commercial Items (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Website located at https://www.sam.gov/portal.

If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision.

Non-Price Factors

• Technical Capability - To be considered responsive and eligible for award, the offeror must meet ALL of the mandatory criteria listed in the sections 6. Summary of Requirements of the Statement of Work. Any proposal not meeting one or more of these criteria will be considered unacceptable and will not be given any further consideration.

OPM reserves the right to conduct an on-site inspection of offered facilities.

• Relevant Past Performance - The extent to which offerors' relevant past performance

(“scope”, “magnitude” and “complexity” ) demonstrates the likelihood of successful performance in delivering high quality services within scope of Statement of Work for the past three years that are directly relevant to this project. The Government will also consider the quality of the Contractor’s relevant past performance; and

Price Factor

• Price Non price factors and past performance when combined are significantly more important than price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

1. Basis for Award

The Government is conducting this source selection in accordance with the competitive negotiation source selection procedures contained in FAR Part 15.

The Government anticipates awarding a single firm fixed price (FFP) contract to the responsible offeror whose proposal represents the best value to the Government, price and other factors considered. Best value as defined in FAR Part 2, is the expected outcome of an acquisition that in the Government's estimation, provides the greatest overall benefit in response to the requirement. The Government will conduct a tradeoff analysis using the evaluation factors listed in FAR 52.212-2 - Evaluation—Commercial Items.

In performing its trade off analysis, the Government will assess the offeror’s relative strengths, deficiencies, weaknesses, and risks.

When conducting the evaluation for Relevant Past Performance, the Government may use information provided by the offeror in their proposals, as well as information obtained from other sources. Each offeror is responsible for ensuring that the information provided is thorough, accurate, and complete.

The Government reserves the right to evaluate proposals and award contracts without discussions with the offerors. Evaluations may be based on the offeror’s initial proposal.

Therefore, the offeror's proposal should contain the offeror’s most advantageous proposal from a technical and price standpoint.

2. Price

Price will be assessed for completeness and reasonableness. The Government may, at its discretion conduct a price realism Analysis for the limited purpose of assessing whether prices are 1) realistic for the work to be performed; 2) reflect a clear understanding of the requirements; and 3) are consistent with the various elements of the offeror’s technical proposal.

3. Relevant Past Performance

The Government will determine relevance by analyzing the “scope”, “magnitude” and “complexity” of the reference contracts and comparing them to this requirement. The Government reserves the right to evaluate submitted projects individually or in the aggregate in order to determine relevance and will do so consistently across all evaluated offers. The Government will also consider the quality of the Contractor’s relevant past performance.

Offerors with no past performance will result in an assignment of a neutral/unknown confidence rating, which will indicate neither a FAVORABLE nor UNFAVORABLE evaluation rating. In addition, if a Joint Ventures (JV) does not have any past performance as a JV or if the individual companies that comprise the JV do not have any past performance, then the JV will receive a neutral/unknown confidence rating. If the individual members do have past performance experience, then that performance will be evaluated on behalf of the Joint Venture. If the Joint Venture acts as the Prime, but has subcontractors, the subcontractor’s past performance (if there is any) will also be used in the evaluation.

4. Discussions

The Government will evaluate proposals and may award without discussions with offerors.

Therefore, the offeror's initial proposal should contain the offeror's best terms from a price and technical standpoint. Offerors may be given the opportunity to clarify certain aspects of proposals (e.g., the relevance of an offeror’s past performance information and adverse past performance information to which the offeror has not previously had an opportunity to respond) or to resolve minor or clerical errors, but not rising to the level of discussions. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

5. Exchanges

Exchanges with offerors after receipt of proposals do not constitute a rejection or counter offer by the government

6. Final Proposal Revision (FPR)

If discussions are held with offerors in the competitive range, they will be conducted by the Contracting Officer (CO) in accordance with FAR Part 15. When the CO closes the discussion process, the CO will issue a Call in writing, for FPR to all offerors remaining in the competitive range. Specific submission instructions for the FPR will be contained in the CO’s Call for FPR

52.212-3 Offeror Representations and Certifications—Commercial Items (Nov 2017)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

52.212-4 Contract Terms and Conditions—Commercial Items (Jan 2017).

Incorporated by reference.

Addendum to FAR 52.212-4

OPM Specific Clauses

1752.205-70 Announcement of Contract Award (July 2006)

OPM complies with FAR 5.3, Synopses of Contract Awards, in terms of synopsizing and publicly announcing contract awards. These actions take place at the time of, and not before, the contract is awarded. Contract award, in this case, means signature of the contractual document by the Contracting Officer and forwarding of the contractual document to the contract awardee.

If the contract awardee wishes to make a separate public announcement, the awardee must obtain the approval of the Contracting Officer prior to releasing the announcement, and must plan to make announcement only after the contract has been awarded.

1752.209-74 Organizational Conflicts of Interest (July 2005)

(a) The Contractor warrants that, to the best of the Contractor’s knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest (OCI), as defined in FAR 9.5, Organizational and Consultants Conflicts of Interest, or that the Contractor has disclosed all such relevant information.

(b) The Contractor agrees that if an actual or potential OCI is discovered after award, the Contractor shall make a full disclosure in writing to the Contracting Officer. This disclosure must include a description of actions, which the Contractor has taken or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflict.

(c) The Contracting Officer may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid an OCI. If the Contractor was aware of a potential OCI prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contacting Office, the Government may terminate the contract for default, debar the Contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.

(d) The Contractor must include this clause in all subcontracts and in lower tier subcontracts unless a waiver is requested from, and granted by, the Contracting Officer.

(e) In the event that a requirement changes in such a way as to create a potential conflict of interest for the Contractor, the Contractor must:

(1) Notify the Contracting Officer of a potential conflict, and;

(2) Recommend to the Government an alternate approach which would avoid the potential conflict, or

(3) Present for approval a conflict of interest mitigation plan that will:

(i) Describe in detail the changed requirement that creates the potential conflict of interest; and

(ii) Outline in detail the actions to be taken by the Contractor or the Government in the performance of the task to mitigate the conflict, division of subcontractor effort, and limited access to information, or other acceptable means.

(4) The Contractor must not commence work on a changed requirement related to a potential conflict of interest until specifically notified by the Contracting Officer to proceed.

(5) If the Contracting Officer determines that it is in the best interest of the Government to proceed with work, notwithstanding a conflict of interest, a request for waiver must be submitted in accordance with FAR 9.503.

1752.209-75 Reducing Text Messaging While Driving (Oct 2009)

(a) In accordance with Section 4 of the Executive Order, “Federal Leadership on Reducing Text Messaging While Driving,” dated October 1, 2009, you are hereby encouraged to:

(1) Adopt and enforce policies that ban text messaging while driving company-owned or -rented vehicles or Government-owned, -leased or –rented vehicles, or while driving privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government; and

(2) Consider new company rules and programs, and reevaluating existing programs to prohibit text messaging while driving, and conducting education, awareness, and other outreach for company employees about the safety risks associated with texting while driving.

These initiatives should encourage voluntary compliance with the company’s text messaging policy while off duty.

(b) For purposes of complying with the Executive Order:

(1) "Texting" or "Text Messaging" means reading from or entering data into any handheld or other electronic device, including for the purpose of SMS texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication.

(2) "Driving" means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light or stop sign, or otherwise. It does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary.

1752.222-70 Notice of Requirement for Certification of Nonsegregated Facilities (July 2005)

By signing this offer or contract, the contractor will be deemed to have signed and agreed to the provisions of Federal Acquisition Regulations (FAR) Clause 52.222-21, Certification of Nonsegregated Facilities, incorporated by reference in this solicitation/contract. The certification provides that the bidder or offeror does not maintain or provide for its employees, facilities which are segregated on a basis of race, color, religion, or national origin, whether such facilities are segregated by directive or on a de facto basis. The certification also provides that the bidder/offeror does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. FAR Clause 52.222-21 must be included in all subcontracts as well.

1752.222-71 Special Requirements for Employing Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (July 2005)

(a) If this contract contains FAR Clause 52.222-35 (Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans), your company must comply with the requirements of this clause, including the listing of employment opportunities with the local office of the state employment service system.

(b) If this contract contains FAR clauses 52.222-37 (Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans) or 52.222- 38 (Compliance with Veterans’ Employment Reporting Requirements), you are reminded that your company must comply with the special reporting requirements described in those clauses.

Your company must submit information on several aspects of its employment and hiring of special disabled and Vietnam era veterans or other veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized. You must submit this information no later than September 30 of each year, in the “Federal Contractor Veterans’ Employment Report” or VETS-4212 Report. The U.S. Department of Labor has established a web site for submitting this report. The address is:

http://www.dol.gov/vets/vets4212.htm.

1752.223-71 Environmentally Preferable Products and Services (Feb 2013)

(a) Executive Order 13423, Strengthening Federal Environmental, Energy, and Transportation Management, requires in agency acquisitions of goods and services (i) use of sustainable environmental practices, including acquisition of biobased, environmentally preferable, energy-efficient, water-efficient, and recycled-content products, and (ii) use of paper of at least 30 percent post-consumer fiber content.

(b) By signing this offer or contract, the contractor will be deemed to have signed and agreed that all goods and services provided under this contract will comply with the above requirements of Executive Order 13514.

1752.224-70 Definition of Terms (Dec 2015)

The following definitions apply to this contract:

a. Information: This term is synonymous with the term Data. Both terms refer to single or multiple instances of any recorded or communicated fact or opinion being stored or transferred in any digital or analog format or medium.

http://www.dol.gov/vets/vets4212.htm

b. Controlled Unclassified Information (CUI): This term refers to that sub-category of

Information where the loss, misuse, or unauthorized access or modification could adversely affect the national interest or the conduct of federal programs, or the privacy to which individuals are entitled under 5 USC Section 552a (the Privacy Act) that has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

c. Personally Identifiable Information (PII): This term refers to that sub-category of

CUI that can be used to distinguish or trace an individual’s identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual.

d. Information System: This term refers to a system composed of people and equipment that processes or interprets Information.

e. Information Technology (IT) System: This term refers to that sub-category of Information System composed of hardware, software, data, and networks that processes or interprets Information.

f. Information Security Incident (ISI): This term refers to any event that includes the known, potential, or suspected exposure, loss of control, compromise, unauthorized disclosure, unauthorized acquisition, or unauthorized access of any Contractor or Government Information or Information Systems.

g. Record:

(1) For the purpose of Records Management, this term refers to all recorded Information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transactions of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the US Government or because of the informational value of the data in them.

(2) For the purpose of the Privacy Act, this term refers to any item, collection, or grouping of Information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, or criminal or employment history, and that contains the person's name, or the identifying number, symbol, or other identifier assigned to the individual, such as a fingerprint, voiceprint, or a photograph.

h. System of Records on individuals: This term refers to a group of any Records from which

Information is retrieved by the name of the individual or by some identifying number, symbol, or other identifier assigned to the individual.

i. Operation of a System of Records: This term refers to the performance of any of the activities associated with maintaining the System of Records, including the collection, use, and dissemination of Records.

j. Privileged User: This term refers to a user that is assigned an organization-defined privileged role that allows that individual to perform certain security-relevant functions that ordinary users are not authorized to perform. These privileged roles include, but are not limited to, IT system development, key management, account management, network and system administration, database administration, and web administration.

1752.224-71 Freedom of Information Act Requests (Sep 2009)

(a) Offerors are reminded that information furnished under this solicitation may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore:

(1) All items that are confidential to business, or contain trade secrets, proprietary, or personnel information must be clearly marked in all documents submitted to the U.S. Office of Personnel Management (OPM or The Government). Marking of items will not necessarily preclude disclosure when the OPM determines disclosure is warranted by FOIA. However, if such items are not marked, all information contained within the submitted documents will be deemed to be releasable.

(2) No later than five (5) business days after award of a contract, blanket purchase agreement (BPA), or order, the Contractor must provide OPM a redacted copy of the contract/BPA/order in electronic format. This copy will be used to satisfy any requests for copies of the contract/BPA/order under the FOIA. If the Contracting Officer believes that any redacted information does not require protection from public release, the issue will be resolved in accordance with paragraph 3.104-4(d) of the Federal Acquisition Regulation.

(b) Any information made available to the Contractor by the Government must be used only for the purpose of carrying out the provisions of this contract and must not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract.

(c) In performance of this contract, the Contractor assumes responsibility for protection of the confidentiality of Government records and must ensure that all work performed by its subcontractors shall be under the supervision of the Contractor or the Contractor's responsible employees.

(d) Each officer or employee of the Contractor or any of its subcontractors to whom any Government record may be made available or disclosed must be notified in writing by the Contractor that information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 19 U.S.C. 641. That section provides, in pertinent part, that whoever knowingly converts to their use or the use of another, or without authority, sells, conveys, or disposes of any record of the United States or whoever receives the same with intent to convert it to their use or gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine of up to $10,000, or imprisoned up to ten years, or both.

1752.224-73 Protecting Information (Dec 2015)

a. Applicability

(1) This clause applies to the Contractor, its subcontractors and teaming partners, and employees (hereafter referred to collectively as “Contractor”).

(2) These requirements are applicable to all Information, regardless of medium, maintained by the Contractor for the performance of this contract.

(3) These requirements are in addition to all applicable requirements established by the

Privacy Act of 1974 (5 U.S.C. 552a); and to all other requirements established by various Federal statutes, mandates, and Executive Orders for the management and security of Information and Information Systems. The following additional requirements should not be construed to alter or diminish civil and/or criminal liabilities provided under the Privacy Act or any other applicable Federal statutes.

b. Authorization to Handle Controlled Unclassified Information (CUI)

(1) Prior to receiving, collecting, transmitting, storing, using, accessing, sharing, or removing CUI from any approved locations; the Contractor must receive approval in writing from the Chief Information Officer (CIO) through the Contracting Officer (CO) or Contracting Officer’s Representative (COR).

(2) If the Contractor should begin to receive, collect, transmit, store, use, access, or share CUI without appropriate approval, it should be reported as an Information Security Incident (ISI).

(3) Prior to removing CUI from any approved location, electronic device, removable media, or storage container, approval must be received in writing from the CO or

COR.

c. Authorization to Use Information Technology (IT) Systems

(1) Prior to designing, developing, operating, accessing, or using an IT system that will store or process Information other than general information necessary to manage the contract (such as billing), the Contractor must receive approval in writing from the CIO through the CO or COR.

(2) The time required to obtain approval may be lengthy, and the Contractor should identify this requirement as soon as possible.

(3) If the Contractor should begin to operate, access, or use an IT system without appropriate approval, it must be reported as an ISI.

d. Retention of Authorizing Documentation

The Contractor must maintain a current and complete file of all documentation authorizing handling of CUI during the period of performance of the contract, unless otherwise instructed by the Contracting Officer. Documentation will be made accessible during inspections or upon written request by the CO or the COR.

1752.224-77 Information Security Incidents (ISI) (Dec 2015)

a. ISI Reporting Activities

(1) Contractors must report any and all ISI involving OPM Information to the OPM

Situation Room (SITRoom) at SITROOM@OPM.GOV, voice: 202-418-0111, fax: 202-606-0624. The SITRoom is available 24 hours per day, 365 days per year.

(2) Contractors must report any and all ISI involving information technology (IT) systems and Controlled Unclassified Information (CUI) immediately upon becoming aware of the ISI but no later than 30 minutes after becoming aware of the ISI, regardless of day or time; regardless of internal investigation, evaluation, or confirmation of procedures or activities; and regardless of whether the ISI is suspected, known, or determined to involve IT systems operated in support of this contract.

(3) Contractors reporting an ISI to the SITRoom by email, phone, or fax must copy the

Contracting Officer (CO) or Contracting Officer’s Representative (COR) if possible; but if not, must notify the CO or COR immediately after reporting to the SITRoom.

(4) When reporting an ISI to the SITRoom by email:

mailto:SITROOM@OPM.GOV

(a) Do not include any CUI in the subject or body of any email;

(b) Use FIPS 140-2 compliant encryption methods to protect CUI to be included as an email attachment, and do not include passwords in the same email as the encrypted attachment; and

(c) Provide any supplementary information or reports related to a previously reported incident directly to the OPM SITRoom with the following text in the subject line of the email: “Supplementary Information / Report related to previously reported incident # [insert number].”

b. ISI Review and Response Activities

(1) The Contractor must provide full access and cooperation for all activities determined by CO or COR to be required to ensure an effective review and response to protect OPM’s Information and Information Systems operated in support of this contract.

(2) The Contractor must promptly respond to all requests by the CO or COR for ISI and system-related information, including but not limited to disk images, log files, event information, and any other information determined by OPM to be required for a rapid but comprehensive technical and forensic review.

(3) OPM, at its sole discretion, may obtain the assistance of Federal agencies and/or third party firms to aid in ISI Review and Response activities.

c. ISI Determination Activities

(1) The Contractor must not make any determinations related to an ISI associated with Information Systems or Information maintained by the Contractor in support of the activities authorized by this contract, including determinations related to notification of affected individuals and/or Federal agencies (except reporting criminal activity to Law Enforcement Organizations) and offering of services, such as credit monitoring.

(2) The Contractor must not conduct any internal ISI-related review or response activities that could modify or eliminate any existing technical configuration or information or forensic technical evidence existing at the time of the ISI without approval from the OPM Chief Information Officer (CIO) through the CO or COR.

(3) All determinations related to an ISI associated with Information Systems or

Information maintained by the Contractor in support of the activities authorized by this contract will be made only by the OPM CIO through the CO or COR.

(4) The Contractor must report criminal activity to Law Enforcement Organizations upon becoming aware of such activity.

1752.224-78 Information Security Inspections (Dec 2015)

a. The Contractor must permit and cooperate with any mutually agreed upon pre-scheduled onsite or offsite information security inspections, such as:

(1) Before initiation of the performance period;

(2) As periodically scheduled for contract oversight and compliance purposes;

(3) As determined by the OPM Chief Information Officer (CIO) through the Contracting

Officer (CO) or Contracting Officer’s Representative (COR) to be required for evaluation of or in response to any reported Information Security Incident (ISI); or

(4) As determined by the OPM CIO through the CO or COR to be required to address any risk of non-compliance with the requirements of this contract.

b. OPM will provide the Contractor with a Post-Inspection Report, which will state findings and specify the Contractor’s requirement for remediating findings to maintain compliance with this contract.

c. The Contractor must provide a formal response to the OPM Post-Inspection Report within fifteen (15) days of receipt of the report for critical/high risk findings and within thirty (30 days for all other findings.

1752.224-79 Suspension of Contract for Security Concerns (Dec 2015)

If at any time during Contract performance it is determined that the Contractor is not in full compliance with the security requirements of this Contract, the Government may immediately suspend performance under this Contract and require the immediate return of all Controlled Unclassified Information (CUI) materials and information to the Government at full Contractor expense. Any work suspension resulting from a security lapse will not be subject to equitable adjustment; all costs incurred will be borne by the Contractor.

1752.232-71 Method of Payment (July 2005)

(a) Payments under this contract will be made either by check or by wire transfer through the Treasury Financial Communications System at the option of the Government.

(b) The Contractor must forward the following information in writing to the Contracting Officer not later than seven (7) days after receipt of notice of award:

(1) Full Name (where practicable), title, telephone number, and complete mailing address of responsible official(s):

(i) to whom check payments are to be sent, and

(ii) who may be contacted concerning the bank…