60RRBH24R0016 0001.pdf

Document Number: 60RRBH24R0016 PROCESSED Page 1 of 51

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE PAGE OF PAGES

1 51

2. AMENDMENT/MODIFICATION NUMBER

3. EFFECTIVE DATE

07/11/2024

4. REQUISITION/PURCHASE REQ. NUMBER 5. PROJECT NUMBER (If applicable)

60RRBHCODE

Michel Disalvio Acquisition Management 844 N. Rush St Chicago, IL 60611-1275

6. ISSUED BY 039CODE

U.S.RAILROAD RETIREMENT BOARD

ACQUISITION MANAGEMENT

844 N. RUSH ST., 9TH FL.

CHICAGO, IL 60611

7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NUMBER

60RRBH24R0016

CODE FACILITY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, country, state and ZIP Code) (X)

X 9B. DATED (SEE ITEM 11)

06/27/2024

10A. MODIFICATION OF CONTRACT/ORDER

NUMBER

10B. DATED (SEE ITEM 11)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended, Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning __1__copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

ORDER NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return _______ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

****See attached SF-30 continuation sheet****

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print) Stephen Schenk

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV.

11/2016) Prescribed by GSA FAR (48 CFR) 53.243

SF-30 Con�nua�on Sheet

60RRBH24R0016

Amendment 0001 (RRB responses to vendors submit ed ques�ons)

A. The RRB, in considera�on of the poten�al offerors’ ques�ons below, has amended the solicita�on by this Amendment 0001.

B. The RRB’s responses to ques�ons submite d by interested vendors are listed below:

RRB Responses to Ques�ons Submited by Offerors regarding RFP 60RRBH24R0016:

Ques�on 1: Is this a solicita�on that originated independent of any previous solicita�on or did it arise from an exis�ng contract?

RRB Response: The RRB, both currently and in the past, has a requirement for the service being solicited under 60RRBH24R0016.

Ques�on 2: If yes, then who is the referenced incumbent and what is their contract number?

RRB Response: Incumbent is Juncture Consul�ng, LLC. RRB award number 60RRBH20C0126.

Ques�on 3: If there is a current contractor, will there be a phase out plan?

RRB Response: No, the current contract ends 9-30-24.

Ques�on 4: Is there a government unique computer and so�ware pla�orms?

RRB Response: No, the contractor must provide their own computer to view and store .pdf disability documents. The computer must be secure and able to accept encrypted email and receive documents via File Transfer Protocol (FTP).

Ques�on 5: If yes, is training provided?

RRB Response: Not applicable, based on response to Ques�on 4.

Ques�on 6: Are you accep�ng family nurse prac��oners and physician assistants that are board cer�fied for the role of reviewer for the disability-based claims?

RRB Response: No.

C. The due date and me for receipt of offers remains unchanged.

Document Number: 60RRBH24R0016 PROCESSED Page 2 of 51

Table of Contents

Section Description Page Number

I Introduction

OVERVIEW

II Schedule of Supplies and Services Section II - Schedule of Supplies and Services

III Statement of Work Section III, Statement of Work

IV General Terms and Conditions 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (May 2024) 52.216-1 Type of Contract (Apr 1984) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.224-1 Privacy Act Notification (Apr 1984) 52.224-2 Privacy Act (Apr 1984) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) Conflict of Interest RRB Supplement RRB.A.01 A. General RRB Provision-1.Technical Direction RRB.A.04 A. General RRB Provision-4.Conflicts of interest RRB.A.05 A. General RRB Provision-5.Post award meeting RRB.A.07 A. General RRB Provision-7.The Role of Government Personnel and Responsibility for Contract Administration RRB.B.01 B. Security Provisions-1.Security Information RRB.B.02 B. Security Provisions-1. Privacy Or Security Safeguards (AUG 1996) FAR 52.239-1 (with RRB Fill-ins) RRB.B.03 B. Security Provisions-3.Additional Security Requirements 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (May 2024)

V Proposal Submission Instructions Instructions to Offerors Section V - Instructions to Offerors

VI Evaluation and Award Evalaution Section VI - Evaluation Factors for Award

Document Number: 60RRBH24R0016 PROCESSED Page 3 of 51

Section I - Introduction

OVERVIEW

A. Agency Information: The U.S. Railroad Retirement Board (RRB) is an independent federal agency that administers a retirement and survivor benefit program for railroad employees and their families. The RRB was established by the Railroad Retirement Acts of 1937 and 1974. Its benefit program was the forerunner of the more familiar social security system. The Railroad Retirement System is unique inasmuch as it is the only federally administered benefit program covering a single private industry. The RRB also administers the Railroad Unemployment Insurance Act which provides unemployment and sickness benefits to railroad employees.

The RRB’s headquarters and the RRB’s Office of the Inspector General are located in Chicago, Illinois. The RRB also has 53 field offices, nationwide.

B. Objectives: The RRB seeks to procure Quality Assurance - Case Review services for initial disability determinations performed by the RRB, as specified in Section III, Statement of Work.

Document Number: 60RRBH24R0016 PROCESSED Page 4 of 51

Section II - Schedule of Supplies and Services

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

0001 Medical- Other

Firm Fixed Price

PSC: Q999

Original: 82.000000

Change: 0.000000

Current: 82.000000

EA

Period of Performance: 11/01/2024 - 09/30/2025

Description: BASE PERIOD.

Quality assurance review intial disability determination IAW Section III.

Pricing Options: Base

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

0002 Medical- Other

Firm Fixed Price

PSC: Q999

Original: 82.000000

Change: 0.000000

Current: 82.000000

EA

Period of Performance: 11/01/2025 - 09/30/2026

Description: OPTION PERIOD ONE.

Quality assurance review intial disability determination IAW Section III.

Pricing Options: Option 0001

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

0003 Medical- Other

Firm Fixed Price

PSC: Q999

Original: 82.000000

Change: 0.000000

Current: 82.000000

EA

Period of Performance: 11/01/2026 - 09/30/2027

Description: OPTION PERIOD TWO.

Quality assurance review intial disability determination IAW Section III.

Pricing Options: Option 0001

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

0004 Medical- Other

Firm Fixed Price

PSC: Q999

Original: 82.000000

Change: 0.000000

Current: 82.000000

EA

Period of Performance: 11/01/2027 - 09/30/2028

Description: OPTION PERIOD THREE.

Quality assurance review intial disability determination IAW Section III.

Pricing Options: Option 0001

Document Number: 60RRBH24R0016 PROCESSED Page 5 of 51

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

0005 Medical- Other

Firm Fixed Price

PSC: Q999

Original: 82.000000

Change: 0.000000

Current: 82.000000

EA

Period of Performance: 11/01/2028 - 09/30/2029

Description: OPTION PERIOD FOUR.

Quality assurance review intial disability determination IAW Section III.

Pricing Options: Option 0001

Section II - Schedule of Supplies and Services

A. Offerors must provide a firm-fixed price quote, in the blocks entitled Unit Price & Total above for CLINS 0001 thru 0005, to provide all labor, material, supervision, management, and administrative support required to perform case review services for a total of 82 initial disability determination findings as specified in this solicitation. NOTE: The disability file(s) shall not exceed 500 pages per case. Offerors shall complete the fill-ins below.

B. Price quotation is valid through November 30, 2024.

C. Contractor Information for Order Administration:

1. Order address ______________________

2. Business Size ______________________

3. Federal Tax ID # ______________________ Submit on IRS Form W9 with offer

4. Unique Entity Identifier (UEI): ______________________

5. Remittance Address ______________________

6. GSA MAS Contract Number, if applicable: _________________ Please attach (or E-Mail) a copy of contract.

Effective dates _____________ - ______________

OR OPEN MARKET OFFER – Yes [ ] No [ ]

7. Authorized representatives:

Business Technical

Name: _______________ _______________

Document Number: 60RRBH24R0016 PROCESSED Page 6 of 51

Phone #: _______________ _______________

Fax #: _______________ _______________

E-Mail: _______________ _______________

8. System for Award Management (SAM) FAR 52.204-7 (Oct 2018) registration completed*:

Yes [ ] No [ ]

* Offeror must be properly registered, including business size annotation, in the System for Award Management (SAM) to be eligible for award of a Federal contract or order. (See www.sam.gov)

PERIOD OF PERFORMANCE

ITEM START END

0001 11/01/2024 09/30/2025

0002 11/01/2025 09/30/2026

0003 11/01/2026 09/30/2027

0004 11/01/2027 09/30/2028

0005 11/01/2028 09/30/2029

Document Number: 60RRBH24R0016 PROCESSED Page 7 of 51

Section III - Statement of Work

Section III, Statement of Work

Statement of Work

A. Review of Initial Disability Determinations

1. There are two separate reviews being conducted each fiscal year:

a. Board Order 20-37 reviews 10 initial disability determinations. These reviews begin November 1st and is finished on or before December 16th.

b. Annual quality assurance reviews of 72 initial disability determinations. These reviews begin the second week of January and is finished on or before April 30th. Additional case follow up may occur on a limited and ad-hoc basis through September 30th.

c. The Schedule for Both Disability Reviews combined:

AWARD PERIODS Performance Begins with

Kick-Off Meeting Case Review Begins Case Review End Dates After the Board Order

20-37 Review of 10 cases and the subsequent 72 case review is completed, the Contrctor shall be available for follow-up case discussions as needed by the RRB.

Base Period 11/01/2024 11/01/2024 No later than 04/30/2025 Additonal limited case follow-up may occur through 09/30/2025.

Option Period One 11/01/2025 11/01/2025 No later than 04/30/2026 Additonal limited case follow-up may occur through 09/30/2026.

Option Period Two 11/01/2026 11/01/2026 No later than 04/30/2027 Additonal limited case follow-up may occur through 09/30/2027

Option Period Three 11/01/2027 11/01/2027 No later than 04/30/2028 Additonal limited case follow-up may occur through 09/30/2028

Option Period Four 11/01/2028 11/01/2028 No later than 04/30/2029 Additonal limited case follow-up may occur through 09/30/2029

B. Claims Related Services - Number One (10 Cases)

Description of the first disability case review based on Board Order 20-37:

This review includes 10 completed disability decisions. The universe consists of Occupational and/or Total cases where the primary impairment is orthopedic or psychiatric and no consultative exams were ordered.

The Contractor shall provide one licensed physician who is knowledgeable and conversant with the many and varied fields of medicine. The contractor shall organize and train the physician for all functions under this contract. Each disability case file will not exceed 500 pages. The 500-page limit includes all medical evidence of record. If approaching the 500 page case file limit, the contractor shall contact the RRB COR immediately.

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1. Review Criteria for Each Case:

a. Was the medical evidence in file sufficient at the time of adjudication to make a disability determination?

(i) If “YES”, no further scrutiny needed.

(ii) If “NO”, should a consultative exam have been ordered?

b. If a consultative exam should have been ordered, please indicate what type of exam(s).

2. Deliverables:

The 10 case review shall be completed by the end of the 3rd week of November. A written summary report shall be prepared and sent to the COR by the end of the second week of December.

The written summary shall include the following:

a. Results of each case (the medical evidence in file was/was not sufficient at the time of adjudication); and

b. Identify cases where the medical contractor indicates a consultative exam should have been ordered, including the type of exam(s).

NOTE: The Contractor's physician reviewer cannot have previously worked on or handled (i.e., provided a medical exam or opinion) for any of the ten selected cases for review.

C. Claims Related Services - Number Two (72 Cases)

Description of the second disability case review based on the annual Quality Assurance Assessment.

The Contractor shall provide up to three licensed physicians who are knowledgeable and conversant with the many and varied fields of medicine. The contractor shall organize and train physicians for all functions under this contract.

1. The contractor’s physician shall provide an assessment of the appropriateness of limitations RFC [Residual Functional Capacity] or severity assessment [Listing Level] based on objective medical evidence, along with supporting medical exams and opinions included in the applicant's record.

2. The Contractor shall review .pdf’s of each disability case material to determine if the limitations [Residual Functional Capacity] or severity assessment [Listing Level] used in the initial disability decision is supported by medical evidence of record. The Contractor shall review all medical evidence received in support of the disability application. The disability case file and accompanying medical evidence will not exceed 500 pages per case. If approaching the 500 page case file limit, the contractor shall contact the RRB COR immediately.

3. The Contractor shall review a stratified sampling of seventy-two cases including:

a. Occupational cases

b. Total cases

c. Widow(er) cases

d. Children cases

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4. Each individual review case will be assigned a unique ID case number. The assigned case numbers will range from number 1 through 72. The Contractor will receive .pdf documents for each case, including: the disability application, medical evidence, and vocational reports. The case material will be provided to the Contractor via File Transfer Protocol

(FTP).

5. The Contractor must complete the required Access data entry form for each case reviewed. (See D. Deliverables #1 for the information that is required for each case reviewed by the Contractor’s Physician). The RRB will provide the Access database to the Contractor’s Physician via secure email.

6. The Contractor's Physician cannot have previously worked on or handled (i.e., provided a medical exam or opinion) any of the seventy-two selected cases for review.

D. Deliverables for Review #2

The Contractor must complete the required Access data entry form for each of the 72 disability cases reviewed. Below is the information that is collected via the Access Database for each disability case reviewed by the Contractor’s Physician:

1. Type of Disability Entitlement (Prefilled By RRB)

a. Occupational

b. Total Disability

c. Widow(er)

d. Child

2. What was the initial disability determination? (Prefilled by the RRB)

a. Grant

b. Denial

3. What was the basis for the grant/denial? (Prefilled By RRB)

NOTE:Based on the basis, the physician is directed to complete either the Limitations, Listing Level or Denial tabs in the database. The questions for the Limitations, Listing Level and Denial tabs are shown below.

The prefilled drop-down menu options are:

a. Met Listing Level Severity

b. Met Listing- Adopting SSA

c. Equaled Listing

d. Equaled Listing- Adopting SSA

e. Limitations from RFC

f. Limitations - Adopting SSA

g. RFC and Listing

h. No limitations from an RFC cited

4. Limitations

1. Does the medical evidence that the limitations were based upon come from an accepted medical source and have objective findings from exam results or clinical/laboratory tests?

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The physician selects one of the following drop-down menu options:

a. Yes

b. No – if answered no, the physician provides additional comments

2. If the most recent medical evidence in the case was more than a year old, do you feel it was sufficient to proceed with rating the case?

3. Identify RFC(s) in the decision and whether the RFC was supported. (NOTE: There is space to document up to four RFCs).

a.Source of the RFC? (Drop down: Consultative Exam, Consultative Opinion, Chief Medical Officer

(CMO), SSA RFC)

b. RFC Supported? (Drop down: Fully, Partially, Not)

c. Does the physician concur with the disability examiner’s assessment of RFC support? (Yes or No)

d. Comment Field:

Enter RFC physician’s name:

4. Limitations Used in the Initial Disability Decision

The physician provides description of the actual type(s) of Limitations the Disability Examiner cited in the decision

a. Physical Limitations

b. Environmental Limitations

c. Mental Limitations

5. Were the limitations identified by the examiner and used in the initial disability determination supported by the medical evidence of record at the time of the determination?

[Physical? Environmental? Mental?]

b. No

6. Were there limitations from an RFC that the disability examiner said were supported that could have been used, however they were not used.

a. Yes– if answered yes, the physician provides additional comments

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7. After review of the medical evidence, do you believe that Listing Level severity could have been met or equaled rather than the disability examiner proceeding using limitations?

The physician provides explanation.

8. Did the medical evidence support the onset date established by the disability examiner?

b. No – if answered no, the physician provides additional comments in a separate database field.

9. During your review, did you notice any unusual patterns or inconsistencies in the objective findings in the medical evidence submitted in support of the disability application?

10. Listing Level Severity

Indicate whether the disability examiner specified that the applicant met or equaled the Listings?

a. Met Listing Level Severity

b. Equaled Listing Level Severity

11. Does the medical evidence used in support of Listing Level severity come from an accepted medical source and have objective findings from exam results or clinical/laboratory tests?

12. If the most recent medical evidence in the case was more than a year old, do you feel it was sufficient to proceed with rating the case?

c. Not Applicable

13. If the applicant was found to Meet Listing Level Severity:

The physician completes the following:

a. Listing Used:

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b. Drop down: Did the medical evidence support all the criteria specified in the Listing (Yes or No)

c. Provide additional comments as needed:

14. If the applicant was found to Equal Listing Level Severity:

The physician completes the following:

a. Listing Used:

b. Was a severity assessment secured by the examiner (Yes or No)

c. Drop down: Did the medical evidence support equaling the criteria specified in the Listing (Yes or No)

d. Provide additional comments as needed:

15. Did the medical evidence support the onset date established by the disability examiner?

16. Complete only if a Child decision -- did the medical evidence establish limitations/Listing level severity before age 22?

17. During your review, did you notice any unusual patterns or inconsistencies in the objective findings in the medical evidence submitted in support of the disability application?

18. Denial Decisions

a. If the applicant was denied and the decision was based on Listing Level Severity, The physician answers the following:

i. Did the medical evidence fail to establish Listing Level Severity (Yes or No)

ii. Provide additional comments as necessary

b. If the applicant was denied and Limitations were used in the decision,

i. Did the medical evidence support the limitations the examiner used in the decision (Yes or No)

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ii. Provide additional comments as necessary

19. If the denial was for a child,

a. Did the medical evidence support Limitations and/or Listing Level Severity before age 22 (Yes or No)

b. Provide additional comments as necessary

20. During your review, did you notice any unusual patterns or inconsistencies in the objective findings in the medical evidence submitted in support of the disability application?

E. Schedule of Deliverables for Review #2

The Contractor shall complete a minimum of eight quality assurance reviews each week. Eight cases per week for nine consecutive weeks.

On a weekly basis (each Friday by 6:00pm CST) the Contractor shall provide a current copy of their Access database to the RRB COR via encrypted e-mail, with the case review elements completed for all cases reviewed.

The contractor shall complete all 72 cases within nine weeks of the date the RRB assigns the contractor the first eight cases, and no later than April 30th. (Reference due dates based on the Case Review End Date in the Schedule of Review chart shown in Section III.A (Schedule for Both Disability Reviews).

F. Location and Manner of Performance of Both Disability Reviews and Related Services

1. The RRB will supply .pdf documents for each case to the contractor electronically, via Secure File Transfer Protocol

(SFTP).

2. The Contractor shall ensure the privacy, confidentiality, and safety of the electronic files while they are in their possession and shall not remove, alter, copy or otherwise damage the .pdf material. Data is encrypted during transit and at rest using FIPS 140-3 approved product in accordance with OMB M-07-016.

3. The Contractor shall designate a primary contract liaison, and an alternate, to coordinate activities, resolve day-to-day problems, and answer questions from RRB staff. The contract liaison shall be available during RRB core business hours of 9:00 a.m. to 3:00 p.m. central time.

4. The Government reserves the right to perform inspection of the contractor's off-site facility.

G. Medical Staff Qualifications

1.The contractor shall ensure that up to a maximum of three physicians performing services under this contract shall (a) be currently licensed in the State in which contractual services are rendered and shall (b) have training and experience necessary to perform the required contractual function.

2.The Contractor shall provide up to a maximum of three physicians conversant with the various regulations, policies and guidelines related to disability-based benefits under the Railroad Retirement Act and the Social Security Act as each of those Acts are currently stated and as each Act may change during the lifetime of this contract.

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a. The RRB will provide the contractor with the various regulations, policies and guideline required for contract performance.

3. No physician performing services under this contract shall have served as a witness in a lawsuit either against or for a railroad employer, or be an employee of a railroad, of the RRB, or subcontractor of an RRB contractor for disability related examinations services. In addition, no physician shall perform services under this contract for any case where they have provided medical exams, opinion or RFC assessments as a treating or consulting physician.

4. The Contractor shall not employ, under this contract, the services of any individual or entity who is excluded, suspended, or otherwise barred from participating in Medicare, Medicaid or any other Federal or Federally-assisted program.

H. Quality Control Plan – The Contractor shall maintain an ongoing quality control plan to ensure that the requirements of this contract are satisfied. The plan shall include methods for identifying, resolving, and preventing deficiencies in the quality and timeliness of services performed under this contract to ensure the level of performance meets the contract requirements.

I. Quality Assurance Plan – The RRB shall use the following methods to ensure that the RRB receives the quality of service specified in the contract.

1.Timeliness of case review: The RRB will measure the timeliness of the Contractor’s review of the disability cases based on the time frame included in the statement of work. The Contractor shall meet the timeliness requirements for 100% of the cases as specified in section D. Deliverables above.

2. Quality of case review: The RRB will ensure the quality of the contractor's case review in that all fields in the Access database file are completed.

3. The Contractor must, for the 2nd review, complete the weekly quota of review cases and complete the Access database accordingly.

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Section IV - General Terms and Conditions

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

www.acquisition.gov [Insert one or more Internet addresses]

(End of provision)

(a) The folowing federal acquisition regulation (FAR) solicitation provisions are herby incorporated by reference:

52.204-13, System for Award Management Maintenance (OCT 2018) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52-204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.212-1, Instructions to Offerors (SEP 2023).

52.212-2, Evaluation- Commercial Items (NOV 2021).

52.212-3, Offeror Representations and Certifications - Commercial Items (FEB 2024).

52.212-4, Contract Terms and Conditions – Commercial Items (FEB 2024).

52.233-1, Disputes (MAY 2014)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (May 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

Document Number: 60RRBH24R0016 PROCESSED Page 16 of 51

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see FAR 3.900(a).

__ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C.

6101 note).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) (Pub. L. 115-390, title II).

__ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115-390, title II).

__ (ii) Alternate I (Dec 2023) of 52.204-30.

__ (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (14) [Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (17) [Reserved]

__ (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)).

__ (21)(i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

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__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2023) of 52.219-9.

__ (22)(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).

__ (24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).

__ (26)(i) 52.219-28, Post-Award Small Business Program Rerepresentation (Feb 2024) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 657s).

__ (31) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).

__ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024) (E.O. 13126).

__ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (34)(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

__ (35)(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

__ (36)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

__ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

__ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (39)(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (40) 52.222-54, Employment Eligibility Verification (May 2022). (E.O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

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__ (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c) (3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) (42 U.S.C.

7671, et seq.).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) (42 U.S.C. 7671, et seq.).

__ (44) 52.223-20, Aerosols (May 2024) (42 U.S.C. 7671, et seq.).

__ (45) 52.223-21, Foams (May 2024) (42 U.S.C. 7671, et seq.).

__ (46) 52.223-23, Sustainable Products and Services (May 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

__ (47)(i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (48)(i) 52.225-1, Buy American--Supplies (Oct 2022) (41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

__ (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (Dec 2022) of 52.225-3.

__ (iv) Alternate III (Feb 2024) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Nov 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) (E.O. 13513).

__ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C.

3805).

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__ (59) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

__ (60) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(13)).

__ (64)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C.

2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Nov 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-- Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712).

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115-390, title II).

(B) Alternate I (Dec 2023) of 52.204-30.

(viii) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212)

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xvi) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services- Requirements (May 2014) (41 U.S.C. chapter 67).

(xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

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(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(xxii)(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C.

3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.216-1 Type of Contract (Apr 1984)

The Government contemplates award of a Firm, Fixed Price. [Contracting Officer insert specific type of contract] contract resulting from this solicitation.

(End of provision)

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. [insert the period of time within which the Contracting Officer may exercise the option].

(End of clause)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days. days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years, 6 months.

(months)(years).

(End of clause)

52.224-1 Privacy Act Notification (Apr 1984)

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The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations.

Violation of the Act may involve the imposition of criminal penalties.

(End of clause)

52.224-2 Privacy Act (Apr 1984)

(a) The Contractor agrees to--

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies--

(i) The systems of records; and

(ii) The design, development, or operation work that the contractor is to perform;

(2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract…