Attachment_3-_Additional_USPS_OIG_T C.pdf

Additional OIG Terms and Conditions

6HQOIG-16-A-0012 Attachment 3 1

1. Oversight

a. Key Contracts Personnel

Contracting Officer (CO):

Misale Abdi 1735 North Lynn Street Suite 200 Arlington, VA 22202 Telephone: (703) 526-5921 Email: mabdi@uspsoig.gov

Contracting Officer’s Representative (COR):

Renee Sheehy 1735 North Lynn Street Suite 200 Arlington, VA 22202 Telephone: (703) 248-2357 Email: rsheehy@uspsoig.gov

b. At time of award, the OIG CO will appoint a COR in writing through a COR Designation Letter that will be provided to the Supplier after award. The OIG’s COR will monitor overall implementation of the contract terms, and will be assigned to interact with the Supplier. The COR will provide no supervisory or instructional assistance to Supplier personnel. The COR is not authorized to change any of the terms and conditions, scope, schedule, and price of the contract.

Only the CO may authorize these changes by properly executed modifications to the contract. The OIG CO may substitute a different COR to oversee the contract at any time.

2. Invoices – Timely Submittal

Payments will be made upon receipt of invoice. Supplier shall deliver to USPS OIG an invoice within 45 days of delivery or performance under this contract. Any invoice delivered between 46-59 days after delivery or performance under this contract shall result in an administrative fee of 1%. Any invoice delivered 60-74 days after delivery or performance under this contract shall be subject to an administrative fee of 2%. Any invoice delivered 75 days after delivery or performance under this contract shall be subject to an administrative fee of 3%. USPS OIG will deduct the amount of the fee from the invoice total.

For the purposes of this provision, “delivery of invoice” shall mean in person, via electronic communication, or postmarked, by 11:59 p.m. EST on the stated date. For the purposes of this provision, “days” shall mean calendar days. The first day after the date of performance or delivery shall be considered the first day for calculation purposes.

mailto:mabdi@uspsoig.gov mailto:rsheehy@uspsoig.gov

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3. Payments on Invoices for Supplier Services

For Labor Hour (LH) contracts:

Payments will be made on receipt of monthly invoices. Travel is not authorized to be paid under this contract. If travel is required, travel costs must be borne by the Supplier and should not be reflected on the invoice. Each invoice must contain the total hours cost for each task.

For Firm Fixed Price (FFP) contracts:

Payments will be made upon receipt of periodic, task-based invoices (for FFP contracts).

Invoices shall reflect the price negotiated for the invoiced task(s). FFP contracts will not be paid on an hourly basis, even though direct hourly labor rates may have been proposed in order to arrive at the price of the contract.

All OIG payments will be made in accordance with the Prompt Payment Act. The supplier shall submit original invoices for services to both the e-mail address of the COR designated in Section 1a and Accounting@uspsoig.gov. All invoices will be reviewed and certified for payment by the COR and other appropriate OIG-designated officials in accordance with OIG standards and procedures for approving invoices. Invoices not submitted in the correct format will be returned and not processed until they adhere completely to OIG policies and guidance. Documentation and reports for each task must successfully meet OIG quality control standards prior to issuance of payment. Payments on final invoices may be withheld until it is determined by the OIG that all OIG-issued assets are returned by the Supplier after performance has ended.

4. Supplier Staffing Requirements

The supplier must make sufficient personnel available to complete individual tasks in mutually agreed-upon timeframes. To the extent that the individual tasks provide for services to be performed by specific personnel, those services must be performed by the personnel identified in the supplier's proposal or in the individual task, unless the Contracting Officer has given advance written approval for substitutes. Use of junior personnel is not authorized, even under the supervision of key personnel, unless the OIG approves of the use of junior personnel in writing. At the OIG’s direction, with or without cause, the supplier will remove any personnel from performing work under the contract and replace such personnel without any cost to the OIG.

All personnel performing under this contract will be considered independent contractors, or subcontractors or employees of independent contractors, as appropriate; such personnel will not be considered employees of the OIG or the U.S. Postal Service under any circumstances.

5. Mandatory Training Requirements

All OIG supplier personnel who have access to OIG information technology systems are required to annually take OIG-provided training on IT Security issues. All OIG supplier mailto:Accounting@uspsoig.gov

6HQOIG-16-A-0012 Attachment 3 3 personnel who have access to OIG facilities (i.e., are issued a building credential) are required to annually take OIG-provided Sexual Harassment Prevention training.

All training must be completed immediately upon personnel onboarding, or as soon as training is made available after onboarding, and once per Fiscal Year thereafter. Training will be identical to that taken by OIG employees. Supplier personnel may use and charge up to one (1) hour of official time to complete each mandatory training.

6. Status Reports and Progress Meetings

If indicated in the Deliverables of the Statement of Work, the supplier may be required to provide bi-weekly status reports to the COR or other OIG officials, depending on the subject matter and specific tasks assigned under the contract. The reports should detail the progress made on each assigned task, the individuals assigned to each task, projected start and completion dates, the status of work already completed, and applicable time charges. The supplier may also be required to give periodic oral presentations to accompany the status reports. If reports are required, the OIG will schedule a meeting with the supplier to detail the format of the status reports shortly after contract award; no status report will be due until at least ten (10) business days after this meeting. The OIG may change the status report format and content requirements at any time by written notice to the supplier. The supplier may also be required to attend periodic progress meetings at OIG Headquarters.

Any difficulties complying with timeframes and deadlines under the contract should be communicated orally to the COR immediately, and then documented in the next regularly scheduled status report.

7. Periodic Reviews

The OIG will conduct periodic reviews of work performed by the supplier. These reviews will assess the supplier’s timeliness in completing tasks, the overall quality of the work product provided, and whether the deliverables provided met the task order requirements.

The reviews will also assess the overall value of the work performed by the supplier.

8. Conflict of Interest

Supplier is not aware of any existing conflict of interest that would create even the appearance of impropriety with regard to receiving Confidential Information from the U.S.

Postal Service (“USPS”) or USPS-OIG regarding Contract/Order No. _______________.

Supplier does not have, nor does it anticipate having, any relationship (financial, social or otherwise) with any individuals or organizations that would pose a conflict of interest and impair its objectivity to perform work on this assignment. Supplier further certifies that entering into a contractual relationship with the USPS-OIG does not and will not breach any agreement or duty it may have to anyone else, and that it is not restricted by any prior or

6HQOIG-16-A-0012 Attachment 3 4 current employment or contractual relationship(s), due to an existing non-competition agreement or otherwise.

“Confidential Information” means any and all tangible information, whether oral or in writing or in any other medium, including reports, audits, investigations, supplier information, employee information, correspondence, market research, competitive intelligence, information technology, and any other information or record relating to management, operations, products, intentions, goals, objectives, workers’ compensation programs, inventions, accounting, supply management, pricing, financial condition, financial results, financial models, and financial projections of USPS or USPS-OIG or its suppliers, and includes all information which arises out of or relates to the analysis and evaluation of Confidential Information and/or the use thereof by the Supplier.

9. Nondisclosure Agreement Supplier recognizes that, during the course of the engagement, it may obtain Confidential Information, as defined in Paragraph 8 of these Additional OIG Terms and Conditions, which must be protected from unauthorized disclosure.

Supplier will:

A. Hold in confidence and protect Confidential Information. Supplier will not disclose Confidential Information to any third parties without the written permission of the USPS- OIG Contracting Officer.

B. Take reasonable steps to prevent other of Supplier’s personnel from disclosing Confidential Information to third parties.

C. Limit access to Confidential Information to Supplier personnel who have signed Conflict of Interest and Nondisclosure Statements (form attached) with the USPS-OIG.

D. Return all documents, information, and property received from USPS or USPS-OIG to request such documents, information, or property or its failure to return such documents, information, or property does not in any way waive the confidential nature of such documents, information, and property. These documents, information, and property remain the property of the USPS-OIG.

This nondisclosure of information remains in effect as long as the USPS-OIG considers the information to be Confidential Information.

Failure to comply will result in the USPS-OIG seeking remedies against the Supplier to the fullest extent of the law.

Supplier personnel performing under this contract may be required to sign a Conflict of Interest and Non-Disclosure Statement (form attached). The supplier shall submit the signed Conflict of Interest and Non-Disclosure Statement to the COR upon contract award.

10. Security of Material and Records

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The supplier shall ensure that all individuals having access to or custody of records related to the contract understand the security and confidentiality requirements of the contract.

11. Security, Suitability, and Background Investigation

For positions requiring a suitability determination: The selected supplier must undergo a successful suitability determination, which will include a credit and criminal background check prior to commencing work. The supplier must submit the following documents to the Personnel Security Office:

• Postal Service Form 2181C (attached) – Authorization and Release – Background Investigations.

• Postal Service Form 2025 (attached) – Contractor Questionnaire.

• Photograph – (minimum 5 mega pixel .jpg or .gif)The photograph should include only the head and shoulders, a "neutral" facial expression and solid light color background, preferably light blue.

A suitability determination cannot be made until the OIG Personnel Security Office has received all of the required documents listed above.

The above requirements also apply to all subcontractors working on this contract. All forms must be typed or handwritten legibly.

12. Subcontracting

Subcontracting of work required under the contract will not be allowed without the prior written consent of the OIG Contracting Officer. A bilaterally executed contract or modification based on a proposal that included the subcontractor, meets this consent requirement. Any subcontractor must meet the same standards of conduct and independence as the supplier. The supplier must cooperate with the Contracting Officer to provide all information necessary for the Contracting Officer to make an informed decision to authorize or disapprove the services of a proposed subcontractor. This includes submitting the qualifications of the subcontractor’s key personnel with the request for modification.

The requirements of this contract will extend to any subcontractors. It will be the obligation of the supplier to ensure that the subcontractor complies with the terms of the contract, and the supplier will be jointly and severally liable for any shortcomings in its subcontractor’s work. Non-compete provisions and other clauses affecting a restraint of trade shall not be permitted in contracts between the supplier and its subcontractors, unless prior written authorization is given by the OIG Contracting Officer.

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13. Compliance with OIG Manual

All suppliers will comply with all applicable portions of the OIG Manual, including the duty to cooperate with all OIG and whistleblower retaliation investigations.

14. Contract Modification

The supplier must communicate to the COR, immediately and in writing, the occurrence of any event that may lead to or require a contract modification. The supplier must submit any request for contract modification to the Contracting Officer and the COR, either by e-mail or by certified mail. Only the OIG Contracting Officer may approve contract modifications.

No contract modification will be effective until the Contracting Officer has approved the modification, in writing, and the modification has been signed by both parties.

15. Contract Termination

The OIG reserves the right to terminate the contract with or without cause at any time during the contract period. In the event of a contract termination without cause and to the maximum extent practicable, the OIG will give thirty (30) calendar days’ written notice informing the supplier of the OIG’s intent to terminate the contract on a stated date. After receiving such notice, the supplier shall use its best efforts to finish any in-progress assigned tasks. The supplier shall convey all deliverables (whether completed or in progress) to the OIG by the stated date. In the event of termination for cause, the OIG reserves the right to terminate immediately with no advance notice.

16. Ownership of Work Product

The OIG will exclusively own and hold title to all property rights in the work produced under this contract, as well as all documents, information, and records provided to the supplier pursuant to the contract. The supplier will not represent or claim that it has acquired any right, title, or interest in the work produced or supplied under this contract. Neither the supplier nor its personnel may sell, publish, copy, lend, display, or distribute the work produced or supplied under this contract to any person, without the prior written approval of the Contracting Officer.

Upon the completion or termination of the contract, or at the OIG’s request, the supplier and its personnel must promptly deliver to the OIG all work produced or supplied under this contract, including raw information and drafts, whether or not complete.