9523ZY-16-Q-HRB-0218_EAP_RFQ_DRAFT_FINAL_842016.pdf

Table of Contents

1. PART I - STATEMENT OF WORK

2. PART II - ADDITIONAL TERMS AND CONDITIONS

3. PART III - QUOTATION PREPARATION INSTRUCTIONS /

EVALUATION CRITERIA

4. PART IV – ADDITIONAL PROVISIONS

5. PART V – ATTACHMENTS

• A - NONDISCLOSURE OF CONFIDENTIAL INFORMATION

• B - PRICING SHEET

• C - PAST PERFORMANCE QUESTIONNAIRE

9523ZY-16-Q-HRB0218

Employee Assistance Program for the Commodity Futures Trading Commission

PART I

STATEMENT OF WORK

INTRODUCTION

The U.S. Commodity Futures Trading Commission (“CFTC” or “Commission”) was created by Congress in 1974 as an independent agency with the mandate to regulate commodity futures and option markets in the United States. The Commission protects market participants against manipulation, abusive trade practices and fraud.

As with all other Federal agencies, CFTC provides an Employee Assistance Program (“EAP”) for its employees. The Commission’s EAP includes free, voluntary, short-term counseling and referral for various issues affecting employee mental and emotional well-being, such as alcohol and other substance abuse, stress, grief, family problems, and psychological disorders. EAP counselors also work in a consultative role with managers and supervisors to help address employee and organizational challenges and needs. CFTC’s EAP also plays a prominent role in helping the Commission prevent and cope with workplace violence, trauma, and other emergency response situations.

The Commission’s role in its EAP includes:

• Providing top management support and endorsement for the EAP;

• Determining the extent of services to be provided through the EAP and the methods for providing them;

• Publicizing the EAP through internal memos, newsletters, posters, etc.; and

• Encouraging employee utilization of the EAP by making these services convenient and available to employees.

PURPOSE

The Commission’s current EAP administration contract expires on November 5, 2016. Please see PART II – ADDITIONAL TERMS AND CONDITIONS for specific period of performance information, including information regarding a phase-in period of performance for the successful contractor.

The purpose of this contract is to acquire contractor support services for the Commission’s EAP to ensure there is no gap in coverage. The successful contractor will be required to administer CFTC’s EAP. All Commission employees and their family members are eligible to use the program. For purposes of this contract, the definition of family member covers a wide range of relationships, including spouse; parents; parents-in-law; children; brothers; sisters; grandparents;

grandchildren; step parents; step children; foster parents; foster children; guardianship relationships; same sex and opposite sex domestic partners; and spouses or domestic partners of the aforementioned, as applicable.

CFTC’s current census reflects approximately 732 employees, who operate from a Headquarters office in Washington, DC and regional offices in Chicago, IL, New York, NY and Kansas City, MO. CFTC anticipates that the number of employees will decrease to approximately 720 by November 2016, and may increase to approximately 746 by Option Period 1 which would be effective November 6, 2017.

The table below provides approximate information for the number of CFTC employees that may participate in the program over the duration of the contract.

Contract Year Employees

BASE PERIOD 720

OPTION PERIOD1 746

OPTION PERIOD 2 746

OPTION PERIOD 3 746

OPTION PERIOD 4 746

At this time, the Commission does not anticipate that the number of employees will change significantly from the above estimates over the duration of the contract. However, in the event the actual number of employees exceeds a 10% variance from the estimated levels of participation, either party may request an equitable adjustment to the contract price.

SCOPE

The contractor shall furnish the following services for the CFTC employees and family members at both the Headquarters and regional offices, as outlined herein.

General EAP Services

The contractor shall provide counseling, educational information and referrals to products, services and programs to assist the employees and/or their families with a wide range of concerns, including emotional, behavioral, mental or personal issues, as well as concerns related to alcohol or drug abuse, all of which may adversely impact the employee’s job performance, attendance, and/or conduct. Referral services shall include referrals for child care, elder care, legal and financial services. At a minimum, the initial consultation shall be free of charge to the employee and/or family member.

The contractor shall offer services (e.g., in-person counseling) at a contractor furnished offsite location within 20 miles of the CFTC office location in which the employee works and/or the home location in which the employee and/or family member lives. The general EAP services shall include the following:

1. The contractor shall be responsible for providing direct, short-term, in-person counseling for a minimum of six (6) counseling sessions per problem, per person, per calendar year, as requested. Counselors should have a minimum of five (5) years of EAP counseling experience and shall be a licensed professional counselor and/or social worker in the state in which they are providing services.

2. The contractor shall provide 24-hour, 7 days a week, access to assistance via a toll free number. Services shall include unlimited telephonic consultation for CFTC line managers, Human Resources Brach (HRB) staff, and CFTC supervisors concerning problematic employee situations and management referrals for EAP services. The contractor shall also provide unlimited telephonic consultation for CFTC employees concerning personal or professional employee situations.

3. The contractor shall provide childcare resources and referrals, both locally and nationally.

Within 12 business hours of the call for assistance from the employee or family member, the contractor shall forward to the employee or family member, via e-mail or regular mail (per caller’s preference), a packet of information containing a minimum of three (3) referrals, brochures, tip sheets and other relevant materials related to the specific childcare issue.

4. The contractor shall provide eldercare resources and referrals, both locally and nationally.

The contractor shall provide up-to-date, carefully screened national resources and referrals for a range of eldercare needs. Within 12 business hours of the call for assistance, the contractor shall forward to the employee or family member, via e-mail or regular mail (per caller’s preference), a packet of information containing a minimum of three (3) referrals, AARP publications, brochures, tip sheets and other relevant materials related to the specific eldercare issue.

5. The contractor shall provide prompt telephone access to qualified financial planners.

Each financial planner should be recognized as a Certified Financial Planner (CFP) by the Certified Financial Planner Board of Standards, and meet the education, examination, experience and ethics requirements to maintain the CFP designation. An unlimited number of initial telephonic financial planning consultations shall be made available to each employee or family member. The initial consultation shall be free for a minimum of up to one hour. However, should the employee or family member need further financial planning beyond the free coverage, he or she shall be provided with a local advisor at a discounted hourly rate (to be paid directly by the employee or family member).

6. The contractor shall provide prompt telephone access to qualified attorneys, who possess expertise in the area of law for which the advice is being provided and who are a member in good standing of the bar where he or she is licensed to practice. An unlimited number of initial legal planning consultations shall be made available to each covered participant.

The free initial consultation shall be in-person or telephonic for up to five (5) hours.

Should the employee or family member need further legal representation, he or she shall be provided with a local advisor at a discounted hourly rate (to be paid directly by the employee or family member).

Additional EAP Requirements

1. In the event a crisis situation occurs (e.g., death, bombing, or other traumatic situations) at any of the CFTC locations, the contractor shall conduct a critical incident stress debriefing (“CISD”) within 12 hours of the request from the Contracting Officer’s Representative (“COR”) or Contracting Officer.

2. The contractor shall provide the COR with brochures and pocket cards that CFTC can distribute to all employees. At least two (2) weeks prior to the program start date of November 6, 2016, the contractor shall furnish the COR with 200 copies of the brochures and pocket cards. During the life of the contract, the contractor shall furnish additional copies of the brochures and pocket cards as requested by the COR.

3. The contractor shall perform quarterly on-site workshops, which includes CFTC

Headquarters and its regional offices. The content/topics of each workshop shall be approved by the COR. Additionally, the COR will schedule the time and location for each workshop.

ADDITIONAL CONTRACT REQUIREMENTS

Administration

1. The contractor shall assign a dedicated Account Manager to the CFTC who shall be responsible for coordinating on-site service requests, including counseling sessions, coordinating and assisting the CFTC with health and other EAP orientation sessions, promotions, and periodic (quarterly) on-site workshops designed to educate and inform employees about the program and its associated benefits. The Account Manager shall serve as the primary contact with the CFTC COR and shall be responsible for providing all deliverables, and assisting with on-going program review and troubleshooting. The Account Manager shall be responsible for coordinating, and otherwise ensuring, that the contractor complies with the terms and conditions defined herein. The Account Manager shall be considered Key Personnel (see “Key Personnel” clause for additional information).

2. The contractor shall maintain confidentiality of all EAP counseling records, and information from employee visits shall be kept in a confidential manner, according to the Privacy Act laws, regulations, and applicable Office of Personnel Management policies.

3. The contractor shall maintain all certifications, licenses, accreditations and liability coverage required by the states and localities within which it furnishes the services.

4. The contractor shall conduct a quarterly satisfaction survey to gauge the success and effectiveness of the services furnished to the requesting employees and family members, as well as to determine how the EAP could be improved.

Reporting

All contract deliverables shall, at a minimum, be clear and concise, comprehensive with respect to all relevant aspects of the subject matter, and sufficiently detailed to provide a full understanding of the conclusions and/or recommendations contained therein. If a deliverable due date falls on a Saturday, Sunday, or Federal holiday, the due date for that deliverable shall be the next business day.

Written deliverables shall be submitted to the COR electronically in a format agreeable to the COR (e.g., Word, Excel, PowerPoint, .pdf, etc.). Additionally, a copy of each deliverable also shall be provided electronically to the Contracting Officer. All deliverables are considered “draft” until the contractor receives notification that they are accepted from either the COR or Contracting Officer. If the COR or Contracting Officer provides comments on any deliverable, the contractor shall submit a final version of the deliverable that fully incorporates all comments, within one (1) week of receipt of the comments, unless required sooner by the Commission.

Provided below is a listing of the deliverables required under this contract.

1. The contractor shall provide monthly newsletters via email. The newsletters may include EAP reminders, recent changes, new OPM guidelines, etc., which CFTC can post on its intranet site for employees and managers. Monthly newsletters shall be delivered by the tenth business day of the month.

2. The contractor shall provide a quarterly report which includes, at a minimum, a report of all services provided during the quarter (i.e., number of employees counseled, hours worked counseling, training provided, etc.) and the results of the quarterly satisfaction survey. Such reports shall not identify the individuals who requested or received services, or responded to the survey. The results of the quarterly satisfaction survey shall not disclose the identities of the respondents. Quarterly reports shall be delivered by the tenth business day following the reporting period.

3. The contractor shall provide an annual year-end report which includes, at a minimum, a report of all services provided (i.e., the combined statistics from the quarterly reports), trends and additional services offered throughout the year. Such reports shall not identify the individuals who requested or received services, or responded to the surveys. The annual reports shall be delivered within one (1) month after the reporting period (i.e., base year and each option year).

GOVERNMENT RESPONSIBILITIES

The Commission will be responsible for publishing all newsletters on the CFTC intranet and working with the EAP Account Manager to advertise the program to employees through various means. Additionally, CFTC will furnish office space, workstation facilities (e.g., furniture), telephone and a computer for the on-site counselor, if needed, in response to a CISD. The Contractor shall provide any items not furnished by CFTC.

Rest of Page Intentionally Left Blank

PART II - ADDITIONAL TERMS AND CONDITIONS

1. SERVICES

The firm-fixed-price of the base year of this contract is _____________. Payment of the firm-fixed-price shall be made in equal monthly amounts (i.e., one-twelfth per month) payable in arrears.

The firm-fixed-prices of the option years, should they be exercised, shall also be payable in equal monthly amounts, in arrears.

2. PERIOD OF PERFORMANCE

The period of performance of this contract shall be from the effective date of award through November 5, 2016, as illustrated below:

Phase-In: Effective date of award through November 5, 2016 Operations: November 6, 2016 through November 5, 2017.

The purpose of the phase-in period is to ensure that all necessary advance actions are taken (e.g., delivering brochures and pocket cards) to ensure that CFTC’s employees are aware of the EAP services that shall begin under this contract on November 6, 2016.

CLIN DESCRIPTION TYPE QTY UNIT TOTAL

PRICE

FUNDED

AMOUNT

BASE PERIOD

0001 EAP SERVICES FFP 1 YR

BASE PERIOD TOTAL

OPTION PERIOD 1

0002 EAP SERVICES FFP 1 YR

OPTION PERIOD 1 TOTAL

OPTION PERIOD 2

0003 EAP SERVICES 1 YR

OPTION PERIOD 2 TOTAL

OPTION PERIOD 3

0004 EAP SERVICES FFP 1 YR

OPTION PERIOD 3 TOTAL

OPTION PERIOD 4

0005 EAP SERVICES FFP 1 YR

OPTION PERIOD 4 TOTAL

CONTRACT TOTAL FFP

3. OPTION TO EXTEND THE TERM OF THE CONTRACT

The Government may unilaterally extend the term of this contract by the Contracting Officer giving written notice of renewal (a modification to the contract) to the Contractor within thirty

(30) days prior to contract expiration; provided that the Contracting Officer shall give the Contractor preliminary notice of the Government’s intention to extend at least thirty (30) days prior to contract expiration.

The preliminary notice does not commit the Government to an extension. Should the Government exercise an option(s) hereunder, all contractual ceilings, terms and conditions in force shall apply during the option(s) period(s).

Exercise of the option(s) cited shall be in accordance with the terms and prices outlined herein.

Option Year Period of Performance

Option Period 1 11-06-2017 through 11-05-2018 Option Period 2 11-06-2018 through 11-05-2019 Option Period 3 11-06-2019 through 11-05-2020 Option Period 4 11-06-2020 through 11-05-2021

4. CONTRACTING OFFICER

For the purpose of this contract, the Contracting Officer is:

Sonda R. Owens Commodity Futures Trading Commission Financial Management Branch 1155 21st Street, NW Washington, DC 20581 Phone: (202)418-5182 E-Mail: sowens@cftc.gov

5. CONTRACTING OFFICER’S REPRESENTATIVE (COR)

For the purpose of this contract, the Contracting Officer’s Representative is: (to be identified at time of award)

6. TECHNICAL DIRECTION AND SURVEILLANCE

(a) Performance of work under this contract shall be subject to the surveillance and written technical direction of the COR. The term “technical direction” is defined to include:

(1) Directions to the contractor that provide clarification of the requirements described in the Statement of Work.

(2) Inspection and acceptance of deliverables completed by the contractor under this contract.

(b) The COR does not have authority to, and may not, issue any technical direction which:

(1) Assigns additional work outside the scope of work of the contract;

(2) Constitutes a change as defined in the contract clause(s) that address “changes”;

(3) In any manner causes an increase or decrease in the contract price or the time required for performance;

(4) Changes any of the expressed terms, conditions or specifications of the contract; or

(5) Interferes with the Contractor’s right to perform the terms and conditions of the contract.

(c) All technical direction shall be issued in writing by the COR. The Contractor shall proceed promptly with the performance of technical directions duly issued by the COR in the manner prescribed in this clause and within his/her authority under the provisions of this clause. If, in the opinion of the Contractor, any instruction or direction by the COR would increase or decrease the cost of the contract or result in work outside the scope of the contract, the Contractor shall not proceed but shall immediately notify the Contracting Officer in writing. It is anticipated that within 30 days of receiving the notification from the Contractor, the Contracting Officer will either issue an appropriate contract modification or advise the Contractor in writing that:

(1) The technical direction is rescinded in its entirety;

(2) The technical direction is within the scope of the contract, does not constitute a change as defined in the contract clause(s) that address “changes” and that the Contractor should continue with the performance of the technical direction.

(d) A failure of the Contractor and Contracting Officer to agree that the technical direction is within scope of the contract, or a failure to agree upon the contract action to be taken with respect thereto, shall be subject to the provisions of the “Disputes” clause of the contract.

(e) Any action(s) taken by the Contractor in response to any direction given by any person other than the Contracting Officer or the COR whom the Contracting Officer shall appoint shall be at the Contractor’s risk.

7. PAYMENT TO CONTRACTOR

Invoices shall be submitted monthly, either by calendar month or according to the Contractor’s usual monthly billing cycle.

For purposes of the Prompt Payment Act, P.L. 97-177, payments under this contract will be due on the 30th calendar day after the later of: (1) the date of actual receipt of a proper invoice in the office designated to receive, or (2) the date the supplies or services are accepted by the

Government. For purposes of determining the due date for payment and for no other purpose, acceptance will be deemed to occur on the seventh calendar day after the delivery of the supplies or services in accordance with the terms of the contract.

An invoice shall be prepared and submitted to the designated billing office specified herein. A proper invoice must include the information listed in items 1-8 below. If the invoice does not comply with these requirements, the Contractor will be notified of the defect within seven days after receipt of the invoice in the billing office.

1. Name and address of the Contractor.

2. Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of the mailing or transmission.)

3. CFTC Contract number.

4. Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

5. Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

6. Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

7. Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

8. Taxpayer Identification Number (TIN).

Payment will be in accordance with the clause at FAR 52.232-33 “Payment by Electronic Funds Transfer-System for Award Management (JUL 2013)”. Invoices may be submitted by mail or e-mail to the following billing office:

U.S. DOT - Mike Monroney Aeronautical Center Financial Operations Division CFTC Accounts Payable Branch

AMZ-150

PO Box 25710 Oklahoma City, OK 73125 E-Mail: 9-AMC-AMZ-CFTC@faa.gov

8. KEY PERSONNEL

The individuals listed below are considered key personnel. Any replacement of key personnel must be supported by a resume, submitted to the Contracting Officer, prior to the date the individual starts work under this contract. The resume must demonstrate that the replacement’s qualifications are at least comparable to those of the individual being replaced, and that the individual is qualified to perform the work for which he or she is proposed. Any replacement is subject to disapproval by the CFTC Contracting Officer. In the event a replacement candidate is disapproved, the contractor shall take immediate action to locate and propose another candidate.

Individual Position/Title

The Contractor shall also replace any or all of its key personnel, if directed by the Contracting Officer. In those cases, the replacement procedures established by this clause shall be followed.

9. NON-DISCLOSURE OF CONFIDENTIAL DATA – EAP

(a) As used in this clause, “confidential information” means information obtained during performance of the contract that is private or confidential in nature, and which is not meant for public disclosure. Examples of “confidential information” include, but are not limited to, investigatory materials, sensitive or proprietary procurement, business, technical, financial or personally identifiable information (PII) about Commission employees or other individuals requesting any EAP services and PII belonging to the Government, other companies or individuals in paper or electronic form, including but not limited to home addresses or personal contact information, full or partial social security numbers, credit card numbers, date of birth, passport numbers, employee performance or evaluation information, or any information related to a security adjudication of any CFTC employee or contractor.

(b) Procurement confidential information may be disclosed only to CFTC and contractor personnel directly concerned with the performance of the contract and who have a need to know such information to perform their assigned duties. It may be disclosed to no other parties, including CFTC and contractor personnel that do not have a need to know, and any and all other non-CFTC parties. Procurement confidential information includes but is not limited to information contained on CFTC requisitions and the documents attached thereto; Independent Government Cost Estimates and budgets pertaining to acquisitions and existing CFTC contracts;

the content of existing CFTC contracts, whether derived directly from the contract itself or from other sources; contractor bid and proposal information, including technical and cost/price information; the number of bids or proposals received in response to solicitations; the content of CFTC Technical Evaluation Plans and Source Selection Plans; technical and cost or price evaluations of proposals; competitive range and phase 2 determinations; ranking of bids, proposals or competitors; reports and evaluations of source selection panels, boards, and advisory councils; and other information marked “Source Selection Information.”

(c) Pursuant to the Commodity Exchange Act, as amended (7 U.S.C. § 1, et. seq.), other laws and the terms and conditions of this contract, the contractor agrees to use confidential information only for the purposes of performing work under this contract, and to otherwise hold such information confidential. The contractor shall not directly or indirectly use or allow the use of or access to confidential information for any purpose other than that directly associated with officially assigned duties, and shall not, either by direct action or by counsel, discussion, recommendation, or suggestion to any third party, reveal the nature or content of any confidential information. The contractor shall take appropriate steps to secure both paper and computer files and access to same to protect confidential information, shall lock paper records in cabinets or offices when not in use, shall only electronically transmit confidential information in encrypted form in compliance with CFTC policies and procedures, and shall dispose of paper records by shredding or similar means of secure destruction.

(d) The contractor shall obtain from each employee permitted access a written agreement that he/she will not disclose any such confidential information to any third party except those persons within the contractor’s organization or the Government directly concerned with the performance of the contract and who have a need to know such information to perform their assigned duties.

Each contractor employee working under the contract shall complete CFTC’s Nondisclosure of Confidentiality Information Agreement, which is included as Attachment A to this contract, and return the completed form to the Contracting Officer prior to beginning work under this agreement. CFTC reserves the right to change the requirements of its Nondisclosure of Confidential Information Agreement. Changes to the attached agreement may be incorporated into this contract by a modification signed unilaterally by the CFTC Contracting Officer. In the event CFTC changes this agreement, the contractor shall ensure that all of its employees working under the contract complete and return the new agreement to the Contracting Officer.

(e) If disclosure of confidential information to a third party is determined to be necessary by the Commission, the contractor shall first obtain written authorization from the Contracting Officer prior to disclosing the confidential information. The contractor shall continue to comply with this clause after expiration of this contract.

(f) The contractor shall comply with the Privacy Act of 1974, 5 U.S.C. § 552a, the Federal Information Security Management Act (FISMA), 44 U.S.C. § 3541 et seq., the Procurement Integrity Act, 41 U.S.C. § 423 as amended, and related regulations, shall use administrative, technical and physical security measures to protect CFTC confidential information from unauthorized access, disclosure and misuse. The contractor’s staff with access to confidential information shall comply with CFTC policies, procedures and guidelines related to information security and privacy, including but not limited to Safeguarding Personally Identifiable Information and the IT Rules of Behavior. The contractor staff with access to PII shall annually attend the Commission’s mandatory privacy and security training program and participate in other CFTC training programs as requested.

(g) Within thirty (30) days of the conclusion of all services under the contract, the contractor shall securely destroy or return to the CFTC all CFTC confidential information, at the CFTC’s election, except that the contractor may retain one (1) copy of records related to the procurement process and written deliverables if necessary for the contractor’s recordkeeping purposes. If the CFTC elects for the contractor to destroy the CFTC confidential information, the contractor shall confirm secure destruction in writing within thirty (30) days of the CFTC’s request.

(h) In the event of an incident involving the loss, compromise or unauthorized disclosure, real or potential, of PII, the contractor shall report the incident to the COR immediately and no later than one (1) hour upon discovery of the incident, and if the COR cannot be immediately reached, to the CFTC Chief Information Security Officer and Chief Privacy Officer. In the event of an incident involving the loss, compromise or unauthorized disclosure, real or potential, of procurement confidential information, the contractor shall report the incident to the Contracting Officer and COR immediately and no later than one (1) hour upon discovery of the incident. The contractor shall cooperate with CFTC personnel in handling any investigation of the incident and mitigating risks of similar future incidents.

10. LIABILITY

The contractor shall be responsible for all liabilities which result from willful misconduct, gross negligence, or lack of good faith on the part of any of its officers and employees. Such liability is not restricted by any dollar limitations.

11. ORGANIZATIONAL CONFLICTS OF INTEREST (OCI)

(a) The contractor warrants that to the best of its knowledge and belief, and except as otherwise disclosed, it does not have any organizational conflict of interest, which is defined in FAR Subpart 9.5 as a situation in which the nature of work under a Government contract and a contractor’s organizational, financial, contractual or other interests are such that:

1. Award of the contract may result in an unfair competitive advantage; or

2. The contractor’s objectivity in performing the contract work is or might be otherwise may be impaired.

(b) The contractor agrees that if after award it discovers an organizational conflict of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the Contracting Officer, which shall include a description of the action(s) that the contractor has taken or intends to take to mitigate, eliminate, or neutralize the conflict.

(c) The provisions of this clause shall be included in all subcontracts and consulting agreements wherein the work to be performed is similar to the service provided by the prime contractor under this contract. The contractor shall include in such subcontracts and consulting agreements any necessary provisions to mitigate, eliminate, or neutralize organizational conflicts of interest.

(d) The Contracting Officer has determined, however, that the nature of the work to be performed under this contract may give rise to potential perceived or actual organizational conflicts of interest in future CFTC contracts. Accordingly, the contractor and CFTC have agreed to the following conditions:

1. The contractor shall not be required to develop specifications or statements of work that are to be incorporated into any CFTC solicitation; and

2. The contractor shall not be provided any Government cost estimates, source-selection information, or third-party proprietary technical or cost data.

(e) Additionally, the contractor understands that for any related follow-on contract, it may be required to provide a statement which describes concisely all relevant facts concerning any past, present or planned interest (financial, contractual, organizational, or otherwise) relating to the work to be performed under the proposed contract and bearing on whether the offeror has a possible organizational conflict of interest with respect to:

1. Being able to render impartial and objective assistance or advice; or

2. Being given an unfair competitive advantage. The offeror may also provide relevant facts that show how its organizational structure and/or management systems limit its knowledge of possible organizational conflicts of interest relating to other divisions or sections of the organization and how that structure or system would avoid or mitigate such actual or perceived organizational conflict.

The contractor understands that no award shall be made until any potential conflict of interest has been neutralized or mitigated to the satisfaction of the Contracting Officer, or unless a waiver has been granted.

12. GOVERNMENT RIGHTS IN SOFTWARE AND DATA

The Government shall have unrestricted rights in all computer software, documentation, and other data developed by the Contractor under this contract, as described in FAR Clause 52.227- 14, Rights in Data-General (May 2014), which is incorporated herein by reference.

13. SUBCONTRACTS

No labor performed under this contract may be subcontracted without the prior written consent of the Contracting Officer. Such consent shall require submission of the proposed subcontract along with any additional information requested by the Contracting Officer prior to execution of the subcontract. Should subcontracting become necessary, the contractor is encouraged to seek services from other than large businesses when feasible.

14. 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT

REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION

2015-02) (FEB 2015)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such

(c) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such

(d) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(e) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(f) (1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the contractor fails to Comply with the provisions of this clause.

15. NOTICE LISTING CONTRACT CLAUSE INCORPORATED BY REFERENCE

The following contract clause pertinent to this Part is hereby incorporated by reference (by Citation Number, Title, and Date), with the same force and effect as if it were given in full text.

Upon request, the Contracting Officer will make its full text available. Also, the full text of clauses incorporated by reference may be accessed electronically at this Internet address:

http://www.acquisition.gov/far

NUMBER TITLE DATE

52.212-4 CONTRACT TERMS AND CONDITIONS— MAY 2015

COMMERCIAL ITEMS

52.224-1 PRIVACY ACT NOTIFICATION APR 1984

52.224-2 PRIVACY ACT APR 1984

52.227-14 RIGHTS IN DATA–GENERAL MAY 2014

52.232-40 PROVIDING ACCELERATED PAYMENTS TO DEC 2013

SMALL BUSINESS SUBCONTRACTORS

16. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JUN 2016)

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

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

http://www.acquisition.gov/far https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1146366 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113329 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108- 77 and 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509)).

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

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved] X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C.

644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Oct 2015) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 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 (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

__ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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).

__ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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__ (35)(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.)

__ (36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

X (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(AUG 2011) (E.O. 13513).

__ (41) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (42)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 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 (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (43) 52.225-5, Trade Agreements (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (45)…