Solicitation Hispanic and Women Farmers rev.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

AG-3143-S-11-0039 March 18, 2011

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (no collect calls)

8. OFFER DUE DATE/

LOCAL TIME 4:30 pm.

Carrie L. Cross (202) 720-2850 April 11, 2011

9. ISSUED BY CODE 10. THIS ACQUISITION IS

UNRESTRICTED OR

NAICS: 541199

SIZE STANDARD:

$7.0 Million

SET-ASIDE

SMALL BUSINESS

HUBZONSMALL

BUSINESS

SERVICE-DISABLED

BUSINESS

% FOR

United States Department of Agriculture Procurement Operations Division 300 7 th Street, SW, Room 377

Washington, DC 20024

% FOR

EMERGING SMALL

BUSINESS

VETERAN-

8(a)

11. DELIVER Y FOR FOB DESTINA-

TINATION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATED

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

300 7 th

Same as block 9

17a. CONTRACTOR/OFFEROR CODE FACILITY 18a. PAYMENT WILL BE MADE BY CODE

300 7 th Street, SW, Room 377

Washington, DC 20024

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DEFFERENT AND PUT SUCH ADDRESS IN

OFFER.

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

IS CHECKED SEE ADDENDUM.

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attached Additional Sheets as Necessary)

The Contractor shall provide all labor, supervision, equipment, and data necessary to provide claims resolution services for the

United States Department of Agriculture (USDA) to resolve discrimination allegations by Hispanic and Women farmers and ranchers in accordance with the attached terms and conditions.

SEE ATTACHED CONTINUATION

(Use Reverse and or Attach Additional Sheet as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

TIN: DUNS:

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED.

ADDENDA ARE ARE NOT ATTACHED

ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN One (1)__

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT. REF. ______________________________ OFFER ON

DATED_________________. YOUR OFFERON SOLICITATION (BLOCK 5), INCLUDING

ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO

ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (Signature of Contracting Officer)

30b. NAME AND TITLE OF SIGNER (Type or Print)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or Print)

Jodey J. Barnes-Edwards

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

AG-3143-S-11-0039 Hispanic and Women Farmers and Ranchers Claims Process Page 2 of 59

1.0 Supplies or Services and Prices/Costs

1.1 Description of Services

The Contractor shall provide all facilities, labor, material and supplies necessary to provide claims resolution services for the United States Department of Agriculture (USDA) to resolve discrimination allegations by

Hispanic and Women farmers and ranchers. These services shall be provided to the USDA, in accordance with the requirements specified herein.

1.2 Contract Type

This is a Firm-Fixed Price / Indefinite Delivery, Indefinite Quantity (IDIQ) type of contract with a minimum guarantee and subject to task orders.

1.3 Estimated Quantities

The actual quantities required under this contract are unknown. The quantities will vary according to the requirement of the United States Department of Agriculture.

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SCHEDULE B

BASE YEAR

(Period of Performance 07/01/2011 – 06/30/2012)

CLIN 1 Printing of 400,000 Summary Notices, Fact Sheets, and Claims Packages

Price per package $___________

Option 1 400,001+: Price per package $_____. (CLIN 1 Option 1 pricing will not be evaluated for purposes of award.)

CLIN 1A Postage for Distribution of CLIN 1

Price per individual package: $___________

Price per shipments of packages of 100 or more copies to CBOs, etc.: $___________x est. 2000 shipments

$________. (The estimate of 2000 shipments is included for evaluation purposes only and is not guaranteed.)

CLIN 2 Establishment and maintenance of a web-based tracking database $_______________

CLIN 3 Establishment and maintenance of a toll-free helpline (English and Spanish) $_____________

CLIN 4 Tracking and processing of received settlement packages and determination of timeliness and completeness

1-100,000: Price per claim $___________

Option 1 100,001-120,000: Price per claim $___________

Option 2 120,001-140,000: Price per claim $___________

Option 3 140,001-160,000: Price per claim $___________

Option 4 160,001-180,000: Price per claim $___________

Option 5 180,001-200,000: Price per claim $___________

Option 6 200,001+: Price per claim $___________

CLIN 5 Adjudication of timely and complete packages (To be awarded with task orders issued in increments of 10,000)

1-100,000: Price per claim $___________

Option 1 100,001-120,000: Price per claim $___________

Option 2 120,001-140,000: Price per claim $___________

Option 3 140,001-160,000: Price per claim $___________

Option 4 160,001-180,000: Price per claim $___________

Option 5 180,001-200,000: Price per claim $___________

Option 6 200,001+: Price per claim $___________

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CLINS 4 and 5 to be completed within timelines identified for Administrator in framework and all adjudications complete 12 months from opening date for receipt of claims, except for those claims subject to audit, or a 10% deduct for total price for

CLINS 4 and 5.

CLIN 6 Mailing of checks

Per check price $___________ x est. 50,000 = $___________

To be completed within 30 days of transfer of funds from DOJ and final authorization from DOJ

CLIN 7 Mailing of 1099s

Per 1099 price $___________x est. 50,000 = $____________

OPTION YEAR 1

(Period of Performance 07/01/2012 – 06/30/2013)

CLIN 2 Maintenance of a web-based tracking database $_______________

CLIN 3 Maintenance of a toll-free Helpline (English and Spanish) $_____________

CLIN 4 Tracking and processing of received settlement packages and determination of timeliness and completeness

1-100,000: Price per claim $___________

Option 1 100,001-120,000: Price per claim $___________

Option 2 120,001-140,000: Price per claim $___________

Option 3 140,001-160,000: Price per claim $___________

Option 4 160,001-180,000: Price per claim $___________

Option 5 180,001-200,000: Price per claim $___________

Option 6 200,001+: Price per claim $___________

CLIN 5 Adjudication of timely and complete packages (To be awarded with task orders issued in increments of 10,000)

1-100,000: Price per claim $___________

Option 1 100,001-120,000: Price per claim $___________

Option 2 120,001-140,000: Price per claim $___________

Option 3 140,001-160,000: Price per claim $___________

Option 4 160,001-180,000: Price per claim $___________

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CLINS 4 and 5 to be completed within timelines identified for Administrator in framework and all adjudications complete 12 months from opening date for receipt of claims, except for those claims subject to audit, or a 10% deduct for total price for

CLINS 4 and 5.

CLIN 6 Mailing of checks

Per check price $___________ x est. 50,000 = $___________

To be completed within 30 days of transfer of funds from DOJ and final authorization from DOJ

OPTION YEAR 2

(Period of Performance 07/01/2013 – 06/30/2014)

CLIN 2 Maintenance of a web-based tracking database $_______________

CLIN 3 Maintenance of a toll-free Helpline (English and Spanish) $_____________

CLIN 4 Tracking and processing of received settlement packages and determination of timeliness and completeness

1-100,000: Price per claim $___________

Option 1 100,001-120,000: Price per claim $___________

Option 2 120,001-140,000: Price per claim $___________

Option 3 140,001-160,000: Price per claim $___________

Option 4 160,001-180,000: Price per claim $___________

Option 5 180,001-200,000: Price per claim $___________

Option 6 200,001+: Price per claim $___________

CLIN 5 Adjudication of timely and complete packages (to be awarded with task orders issued in increments of 10,000)

1-100,000: Price per claim $___________

Option 1 100,001-120,000: Price per claim $___________

Option 2 120,001-140,000: Price per claim $___________

Option 3 140,001-160,000: Price per claim $___________

Option 4 160,001-180,000: Price per claim $___________

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CLINS 4 and 5 to be completed within timelines identified for Administrator in framework and all adjudications complete 12 months from opening date for receipt of claims, except for those claims subject to audit, or a 10% deduct for total price for

CLINS 4 and 5.

CLIN 6 Mailing of checks

Per check price $___________ x est. 50,000 = $___________

To be completed within 30 days of transfer of funds from DOJ and final authorization from DOJ

OPTION YEAR 3

(Period of Performance 07/01/2014 – 06/30/2015)

CLIN 2 Maintenance of a web-based tracking database $_______________

CLIN 3 Maintenance of a toll-free Helpline (English and Spanish) $_____________

CLIN 4 Tracking and processing of received settlement packages and determination of timeliness and completeness

1-100,000: Price per claim $___________

Option 1 100,001-120,000: Price per claim $___________

Option 2 120,001-140,000: Price per claim $___________

Option 3 140,001-160,000: Price per claim $___________

Option 4 160,001-180,000: Price per claim $___________

Option 5 180,001-200,000: Price per claim $___________

Option 6 200,001+: Price per claim $___________

CLIN 5 Adjudication of timely and complete packages (to be awarded with task orders issued in increments of 10,000)

1-100,000: Price per claim $___________

Option 1 100,001-120,000: Price per claim $___________

Option 2 120,001-140,000: Price per claim $___________

Option 3 140,001-160,000: Price per claim $___________

Option 4 160,001-180,000: Price per claim $___________

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CLINS 4 and 5 to be completed within timelines identified for Administrator in framework and all adjudications complete 12 months from opening date for receipt of claims, except for those claims subject to audit, or a 10% deduct for total price for

CLINS 4 and 5.

CLIN 6 Mailing of checks

Per check price $___________ x est. 50,000 = $___________

To be completed within 30 days of transfer of funds from DOJ and final authorization from DOJ

OPTION YEAR 4

(Period of Performance 07/01/2015 – 06/30/2016)

CLIN 2 Maintenance of a web-based tracking database $_______________

CLIN 3 Maintenance of a toll-free Helpline (English and Spanish) $_____________

CLIN 4 Tracking and processing of received settlement packages and determination of timeliness and completeness

1-100,000: Price per claim $___________

Option 1 100,001-120,000: Price per claim $___________

Option 2 120,001-140,000: Price per claim $___________

Option 3 140,001-160,000: Price per claim $___________

Option 4 160,001-180,000: Price per claim $___________

Option 5 180,001-200,000: Price per claim $___________

Option 6 200,001+: Price per claim $___________

CLIN 5 Adjudication of timely and complete packages (to be awarded with task orders issued in increments of 10,000)

1-100,000: Price per claim $___________

Option 1 100,001-120,000: Price per claim $___________

Option 2 120,001-140,000: Price per claim $___________

Option 3 140,001-160,000: Price per claim $___________

Option 4 160,001-180,000: Price per claim $___________

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CLINS 4 and 5 to be completed within timelines identified for Administrator in framework and all adjudications complete 12 months from opening date for receipt of claims, except for those claims subject to audit, or a 10% deduct for total price for

CLINS 4 and 5.

CLIN 6 Mailing of checks

Per check price $___________ x est. 50,000 = $___________

To be completed within 30 days of transfer of funds from DOJ and final authorization from DOJ

AG-3143-S-11-0039 Hispanic and Women Farmers and Ranchers Claims Process Page 9 of 59

2.0 Description/Specifications/Statement of Work

STATEMENT OF WORK

Claims Administration and Adjudication

Title: Hispanic and Women Farmers and Ranchers Claims Process.

2.1 Scope

The United States Department of Agriculture (―USDA‖), in collaboration with the Department of Justice

(―DOJ‖), has established a claims resolution process (―Claims Process‖) to resolve discrimination allegations by

Hispanic and women farmers and ranchers. The Claims Process is detailed in the Claims Process Framework

(―Framework‖) (attached hereto as Exhibit A). An outline of that process follows in brief, but all work under the contract must conform to the terms of the Claims Process Framework.

The Summary Notice, Fact Sheet, and Settlement Agreement will be developed by the Government. The

Contractor will develop other documents to be included as part of the Claims Package. The ―Claims Package‖ is defined as the Claim Form, the Settlement Agreement and, if appropriate, the Notice of Dismissal, and any other instructions or information that the Contractor/Administrator determines is appropriate to provide to facilitate the

Claims Process. All documents developed by the Contractor shall be subject to approval by the USDA.

The Contractor shall widely disseminate the Summary Notice and Fact Sheet to solicit participation in the

Claims Process. As instructed by USDA, copies of the Summary Notice, Fact Sheet, and Claims Package shall be provided by the Contractor to community based organizations and to persons who request a Claims Package or who otherwise indicate an interest in the Claims Process. The Contractor will include any additional instructions deemed appropriate to facilitate the Claims Process, consistent with applicable attorney ethical requirements.

This following Statement of Work provides a list of activities which the Contractor will perform to distribute the Summary Notice, Fact Sheet, and Claims Package; process claims; establish fraud controls; maintain a database of claimant and claim information; operate a toll-free helpline (in both English and Spanish) to answer questions about submission of claims and claim status; adjudicate claims; notify both successful and unsuccessful claimants of results; mail checks to successful claimants not paid directly by the Judgment Fund; create tax documents reflecting payments to successful claimants; and maintain a website containing relevant, accurate and up to date information about the claims process. The work described herein shall cease once the Claims Process is completed or once USDA notifies the Contractor that the work shall end.

2.2 Applicable Documents

Hispanic and women Farmers and Ranchers Claims Process Framework (Exhibit A); Summary Notice (Exhibit

B); Fact Sheet (Exhibit C); Claims Package; a list of community-based organizations dedicated to serving

Hispanics and women; a list of legal aid societies and bar associations; a list of represented parties provided by

USDA; and lists of individuals who previously received a determination on the merits of a discrimination claim.

Additional or updated versions of these documents may be provided as necessary and appropriate.

2.3 Technical Requirements

Under this contract, Contractor shall perform separate functions of Claims Administration and Claims

Adjudication in most instances. These separate functions are identified below by reference to

Contractor/Administrator and Contractor/Adjudicator.

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2.3.1 Claims Administration

Within 15 days of award, the Contractor/Administrator shall develop a Claims Process consistent with this

Statement of Work and the Framework and submit it to the Contracting Officer‘s Technical Representative

(―COTR‖) for approval. Within 30 days after COTR approval, Contractor/Administrator shall implement the approved process, providing all required staffing and resources. Specifically, Contractor/Administrator shall:

1 Establish and manage all aspects of the claims processing center.

2 Distribute the Summary Notice (approx. 1 page), Fact Sheet (approx. 3 pages), and

Claims Package (approx. 25-30 pages) to individuals identified by USDA or those who contact the Contractor/Administrator.

3 Establish and operate a toll-free helpline to record the names and contact information of farmers and ranchers who are requesting a claims package; respond to inquiries about claims processing by claimants or interested parties, or inquiries referred by USDA, and to refer relevant questions to the Contractor/Adjudicator. The Helpline will be available Monday through Friday (excluding Holidays) from 9 a.m. to 8 p.m. EST. If call volume is low, the

COTR and Contractor may determine that fewer hours are needed. All requests for information received by phone shall be answered during the call, acknowledged within 72 hours by phone or answered by mail within 7 business days. Contractor/Administrator shall provide for adequate numbers of both English and Spanish speaking telephone operators during business hours. Any written materials or correspondence must be provided in English and/or Spanish, as applicable.

4 Manage all documents and information to ensure privacy of individual claimants.

5 Develop notices and correspondence, with USDA approval, and manage all communications with claimants (including letters) related to Claims Packages, and maintain those communications as a searchable portable document format. All communications shall be included in the database in 3.1.10.

6 Provide the COTR with lists of claimants and disposition of claims every 2 weeks.

7 Determine whether a Claims Package that is submitted by claimant is timely and complete in accordance with Sections V and VII of the Framework (Exhibit A), and provide all notices to claimants regarding timeliness and completeness of Claims Packages within 21 days and in accordance with the procedures and timelines provided for in Section VII of Exhibit A.

8 Within 10 business days after receipt, the Contractor/Administrator shall forward all timely and complete Claims Packages to the Contractor/Adjudicator for processing and resolution in accordance with Exhibit A.

9 Manage contact with claimants after the submission of a Claims Package and ensure that questions from claimants are addressed by the Contractor/Administrator and/or the

Contractor/Adjudicator as appropriate.

10 Establish and maintain a comprehensive web-based tracking database to manage Claims

Packages through the entire process from initial contact to the Contractor/Adjudicator‘s decision. This database shall be constructed to allow statistical analysis and reporting regarding claims to USDA or DOJ if requested, and comply with the Fraud Prevention requirements of Section X of Exhibit A. Also, this database shall track all inquiries and claims received and processed, including the claimant‘s contact information, whether the claim was processed for claim adjudication or denied, the amount of payment and/or debt relief claimant received, the amount of tax relief to be provided to the Internal Revenue

Service (―IRS‖) on the claimant‘s behalf, and dates on which the Contractor/Administrator communicated with claimant about the status or result of the claim. This database also shall enable claimants to determine accurately the current status of their claim whether it is being processed by the Contractor/Administrator or Contractor/Adjudicator.

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The database must maintain name and taxpayer identification number (TIN) in the following format:

Field Start End Length Comments

TIN 1 9 9 Numeric

Name 10 36 25 Left Justified, Space Filled, Last Name first

Examples:

777500001DOE JOHN

777500002SMITH JANE

11 Establish and maintain the Claims Process website and implement all necessary updates.

12 Notify the COTR of the number of timely and complete claims at the end of the claims period

(claims period deadline + expiration of additional thirty (30) days for any persons who receive incomplete claim notices) and the potential total dollar amount of claims.

13 Once the Contractor/Administrator receives notification from USDA of which claims are not subject to the Treasury Offset Program (―TOP‖), the Contractor/Administrator shall coordinate the payment process for those successful claims only. This includes printing and mailing checks to successful claimants whose claims have been determined eligible for payment, after notification of authorization to pay from DOJ. DOJ shall transfer funds to the

Contractor/Administrator for this purpose. For claims subject to TOP only, the Department of

Treasury shall print and mail checks to successful claimants. In accordance with Section

X.A.4 of Exhibit A, for successful claims audited for the possibility of fraud or other unlawful activity, final payments shall be made only after the audit concludes that there is insufficient evidence to warrant further investigation. Payments to successful claimants who submit

Claims Packages that are selected for independent audits shall be withheld until the applications clear the independent audit procedure.

14 Create and mail tax 1099s to claimants receiving a payment pursuant to the

Contractor/Adjudicator‘s determination.

15 For purposes of identifying outstanding USDA debts of claimants, the

Contractor/Administrator shall forward to the COTR a list of names weekly of claimants that filed timely and complete Claims Packages who also submit a completed authorization to disclose debt information in the form developed by the Contractor/Administrator, commencing on the first day of the claims period and continuing until the COTR is notified of all applicable timely and complete Claims Packages. Contractor/Administrator shall request that the COTR (i) confirm whether the Claimant has an outstanding Farm Loan Obligation;

and (ii) provide a list of all outstanding loans the individual has had, and, for all outstanding loans, the applicable loan(s) balances and loan payoff amount(s) for a Debt Relief Award, including the type of loan and the year each loan was issued. Within sixty (60) calendar days of receipt of the request or as soon thereafter as is practicable, the COTR will return the

Authorization to Disclose Debt Information Form to the Claims Administrator with the requested information.

16 The Contractor shall not provide legal advice to any individuals interested in the claims process, including claimants and putative claimants. Additionally, the Contractor shall not advise claimants concerning the appropriateness of or a need for retaining counsel, recommend that a claimant retain counsel or that a specific law firm or lawyer be retained, discourage a claimant from obtaining counsel or encourage or discourage using a specific firm or lawyer.

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2.3.2 Claims Adjudication and Awards

1 Contractor/Adjudicator shall review all claims and supporting documentation, if any, and shall adjudicate each timely and complete Claims Package without a hearing. USDA shall have the right, but not the obligation, to submit evidence in response to any claim filed, including evidence that the claimant does not meet the requirements of the Claims Process or previously sought or received relief from USDA. No agency of the United States Department of Agriculture, including the Office of the General Counsel, will participate in the evaluation or adjudication of claims during the Claims Process or make any final decision as to the timeliness, completeness, or merits of any claim.

2 Review each Claims Package that the Administrator has deemed timely and complete, and, in compliance with Section X of Exhibit A, require claimants to submit additional documentation and evidence if, in the Adjudicator‘s reasonable judgment, the additional documentation and evidence would be necessary or helpful in deciding the merits of the claim, or if the Adjudicator reasonably suspects fraud regarding the claim. Each Claims

Package shall be reviewed promptly by the Adjudicator after it has been sent by the

Administrator, and any requests for additional information from the affected claimants shall be made without delay.

3 Develop notices and correspondence, with USDA approval, and manage all communications with claimants (including letters) related to Claims Packages, and maintain those communications as a searchable portable document format. All communications with

Claimants shall be included in the database in 3.1.10.

4 The sum total amount of all payments for damages awards and tax relief for Tier 1 payments may not exceed the amounts set forth in Section I.A.2. of Exhibit A.

5 The sum total amount of all debt relief awarded may not exceed $160 million as set forth in

Section I.C. of Exhibit A.

6 All final adjudications must be reviewed and approved by individuals with legal experience who have been designated as Key Personnel and whose resumes have been submitted to and approved by the COTR.

7 In accordance with Sections VIII and XI of Exhibit A, issue (a) relative to Tier 1 claims, an interim determination notifying claimants of their eligibility for a pro-rated payment and a final determination specifying the amount of the payment once all claims have been adjudicated; (b) relative to Tier 2, a final decision granting the claim and making a cash award to each successful claimant; and (c) relative to all denied claims, a final determination notifying each claimant of the denial. All notifications specified in this paragraph shall be issued in within 10 business days after each claim is adjudicated.

8 Before issuing the denial determination required above by SOW 3.2.7(c) for any claims that are denied a Tier 2 payment, the Adjudicator shall review such claims for Tier 1 eligibility.

9 In accordance with Section IX of Exhibit A, for each successful claimant, identify all outstanding USDA loans and determine which loans are eligible for debt relief and which are not eligible.

10 Conduct or assist with the review process set forth in Section X.A.1 of Exhibit A.

11 Provide all information necessary to facilitate any performance audit and/or evaluation conducted pursuant to Section X.A.2 and/or Section X.D of Exhibit A.

12 Issue periodic reports every 2 weeks to the COTR on the progress of the Claims Process and the results of adjudications. Will include claims packages requested, packages received, packages requesting more information, claims adjudicated for payment, claims adjudicated for debt relief.

13 Provide to the COTR, the Inspector General of USDA, and the Attorney General, any requested information regarding claims determinations and the distributions of funds as set forth in Section X.C of Exhibit A.

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2.3.3 Total Time Period for Performance

The COTR will notify Contractor of the beginning of the time period for acceptance of Claims Packages

(Claims Period), and the Claims Period shall be 180 days as provided in Exhibit A. All Claims must be adjudicated and awards issued within 12 months of the beginning of the Claims Period, except for claims subject to audits.

2.4 Quality Control and Audits

1. The Contractor shall develop and submit for review and modification a Quality Assurance Surveillance

Plan (―QASP‖) that the Contractor will use to meet its quality, timeliness, responsiveness, and other requirements.

2. As part of the QASP, the Contractor shall comply with the Fraud Prevention requirements of Section X of

Exhibit A.

3. The results of any audits or other activities performed under the QASP shall be shared with USDA.

2.5 Additional Considerations

1. All subcontractors must be approved by the Government.

2. If there is any conflict between the provisions of this Statement of Work and Exhibit A, the terms of the

Framework in Exhibit A shall supersede those of this Statement of Work, except that a firm deadline expressed in this Statement of Work by a number of days (business or calendar), weeks, or months shall control where no such firm deadline is provided in Exhibit A. For the purpose of calculating any time period herein, a period that ends on a Saturday, Sunday, or Federal holiday shall be construed to end the next business day. ―Day‖ shall mean a calendar day unless otherwise specified.

3. The Contractor shall not be responsible for enforcing any limitation in Section XI of Exhibit A on fee arrangements between claimants and their counsel.

2.6 Notice of the Federal Accessibility Law Affecting All Electronic and Information Technology

Procurements (Section 508)

On August 7, 1998, Section 508 of the Rehabilitation Act of 1973 was amended to require that when

Federal departments or agencies develop, procure, maintain, or use Electronic and Information Technology, that they shall ensure it allows Federal employees with disabilities to have access to and use of information and data that is comparable to the access to and use of information and data by other Federal employees. Section 508 required the

Architectural and Transportation Barriers Compliance Board (Access Board) to publish standards setting forth a definition of electronic and information technology and the technical and functional criteria for such technology to comply with Section 508. These standards have been developed were published with an effective date of December

21, 2000. Federal departments and agencies shall develop all Electronic and Information Technology requirements to comply with the standards found in 36 CFR 1194.

2.7 Section 508 – Electronic and Information Technology (EIT) Standards

The Section 508 standards established by the Architectural and Transportation Barriers Compliance Board

(Access Board) are incorporated into, and made part of all orders, solicitations and purchase orders developed to procure EIT. These standards are found in their entirety at: http//www.section508.gov and http://www.access-board.gov/sec508/standards.htm. A printed copy of the standards will be supplied upon request. The contractor shall comply with the technical standards as marked:

__ § 1194.21 Software applications and operating systems

_X § 1194.22 Web-based intranet and internet information and applications

__ § 1194.23 Telecommunications products

__ § 1194.24 Video and multimedia products

__ § 1194.25 Self contained, closed products

__ § 1194.26 Desktop and portable computers http://www.section508.gov/ http://www.access-board.gov/sec508/standards.htm http://www.access-board.gov/sec508/standards.htm

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The standards do not require the installation of specific accessibility-related software or the attachment of an assistive technology device, but merely require that the EIT be compatible with such software and devices so that it can be made accessible if so required by the agency in the future.

If the CO determines that any furnished product or service is not in compliance with the contract/order, the

CO will promptly inform the contractor in writing. The contractor shall, without charge to the Government, repair or replace the noncompliant products or services within the period of time to be specified by the Government in writing. If such repair or replacement is not completed within the time specified, the Government shall have the following recourses:

Cancellation of the contract, delivery or task order or purchase of line item without termination liabilities; or

In the case of custom EIT being developed for the Government, the Government shall have the right to have any necessary changes made or repairs performed by the Government or by another firm and the contractor shall reimburse the Government for any expenses incurred thereby.

2.8 Key Personnel

The personnel identified in the Contractor‘s quotation shall be considered key personnel essential for successful completion of the work performed under this contract. The Contractor agrees that such personnel shall not be removed, diverted, or replaced from the work without prior written approval from the Contracting Officer

(CO).

During the first ninety (90) days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the COTR/CO, in writing, within three (3) calendar days after the occurrence of any of these events and provide the information required by the paragraph below. When it becomes necessary at any time to replace key personnel due to illness, death, termination of employment, or for performance problems, the Contractor shall provide an acceptable substitution to begin work within seven (7) business days.

All requests for substitutions in personnel must be submitted to the COTR thirty (30) calendar days prior to making any changes in key personnel. The request shall be in writing, providing a detailed explanation of the circumstances necessitating the proposed substitution, complete resumes for the proposed substitutes, and any additional information requested by the COTR. Proposed substitutes shall have abilities and qualifications equal to or better than the key personnel being replaced.

The COTR will evaluate such requests and will notify the Contractor within three (3) calendar days after receipt of all required information of the decision on the proposed substitutes. Selected substitutes shall not negatively affect the project schedule. A failure to provide continuity may result in unsatisfactory performance and a basis for default of this contract. Contractor employees must be U.S. citizens or be lawfully permitted to reside in the United States and have possession of a valid work permit.

2.9 Prohibition Against Soliciting and Performing Personal Services

(a) The performance of personal services under this contract is strictly prohibited.

(b) Personal service contracting is described in Section 37.104 of the Federal Acquisition Regulations

(FAR).

(c) The Government and the Contractor understand and agree that the support services to be delivered under this contract are non-personal services and the parties recognize and agree that no employer-employee relationships exist or will exist under the contract between the Government and the Contractor and/or between the

Government and the Contractor‘s employees. It is therefore, in the interest of the Government to afford the parties a full and complete understanding of their respective obligations.

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(d) Contractor personnel under this contract shall not:

(1) Be placed in a position where they are appointed or employed by a Federal employee, or are under the supervision, direction, or evaluation of a Federal employee.

(2) Be placed in a Federal staff or policy making position.

(3) Be placed in a position of supervision, direction, or evaluation over USDA personnel, or personnel of other Contractors, or become a part of a government organization.

(e) Employee Relationship

(1) The services to be performed under this contract do not require the Contractor or its employees to exercise personal judgment and discretion on behalf of the Government.

(2) Rules, regulations, direction, and requirements which are issued by USDA Management under their responsibility for good order, administration, and security are applicable to all personnel who enter a Government installation. This is not to be construed or interpreted to establish any degree of Government control which is inconsistent with a non-personal services contract.

(3) The Contractor shall immediately advise the Contracting Officer if the Contractor or its employees are directed by any Government employee to perform work that the Contractor believes constitutes personal services.

(f) Contractor Management Responsibility

The Contractor shall appoint a supervisor/manager who will be the Contractor‘s authorized representative for technical and administrative performance of all services required hereunder. The supervisor shall provide the single point of contact through which all Contractor/Government communications, work, and technical direction shall flow. The supervisor shall receive and execute, on behalf of the Contractor, such technical direction as the

COTR may issue within the terms and conditions of the contract. All administrative support of Contractor technical personnel required to fulfill the tasks assigned under this contract shall be the responsibility of the Contractor. The

Contractor will not be paid for performance of personal services.

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Offerors are required to read and acknowledge the requirements listed hereunder in reference to Conflicts of Interest.

CONFLICTS OF INTEREST PROVISIONS

1. CONFLICT OF INTEREST CERTIFICATION

The offeror [ ]is [ ]is not aware of any information bearing on the existence of any potential personal or organizational conflict of interest. If the offeror is aware of information bearing on whether a potential conflict may exist, the offeror shall provide a disclosure statement describing this information.

2. CONFLICTS OF INTEREST NOTIFICATION

(a) The prospective Contractor hereby certifies to the best of its knowledge and belief that it is not aware of any information bearing on the existence of any potential personal or organizational conflict of interest. If the prospective contractor cannot so certify, it shall provide a disclosure statement in its proposal which describes all relevant information concerning any past, present, or planned interests bearing on whether it, (including its chief executives and directors, or any proposed consultant or subcontractor) may have a potential organization conflicts of interest.

(b) Prospective Contractors should refer to FAR part 3 and subpart 9.5 for policies and procedures for avoiding, neutralizing, or mitigating conflicts of interest.

(c) If the Contracting Officer determines that a potential conflict exists, the prospective Contractor shall not receive an award unless the conflict can be avoided or otherwise resolved through the inclusion of a special contract clause or other appropriate means. The terms of any special clause are subject to negotiation.

ORGANIZATIONAL CONFLICTS OF INTEREST CLAUSES (To be inserted into any subsequent award)

1. ORGANIZATIONAL CONFLICTS OF INTEREST

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

(b) Prior to commencement of any work, the Contractor agrees to notify the Contracting Officer immediately that to the best of its knowledge and belief, no actual or potential conflict of interest exists or to identify to the Contracting Officer any actual or potential conflict of interest the firm may have.

(c) The Contractor agrees that if an actual or potential organizational conflict of interest is identified during performance, the Contractor will immediately make a full disclosure in writing to the Contracting Officer. This disclosure shall include a description of actions which the Contractor has taken or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflict of interest. The Contractor shall continue performance until notified by the

Contracting Officer of any contrary action to be taken.

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

(e) The Contractor agrees to insert in each subcontract or consultant agreement placed hereunder provisions which shall conform substantially to the language of this clause, including this paragraph, unless otherwise authorized by the Contracting

Officer.

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2. NOTIFICATION OF CONFLICT OF INTEREST REGARDING PERSONNEL

(a) In addition to the requirements of the contract clause entitled ― Organizational Conflicts of Interest,‖ the following provisions with regard to employee personnel performing under this contract shall apply until the earlier of the following two dates: (1) The termination date of the affected employee(s) or (2) the expiration date of the contract.

(b) The Contractor agrees to notify immediately the USDA Contracting Officer of (1) any actual or potential personal conflict of interest with regard to any of its employees working on or having access to information regarding the contract or

(2) any such conflicts concerning subcontractor employees or consultants working on or having access to information regarding this contract, when such conflicts have been reported to the Contractor. A personal conflict of interest is defined as a relationship of an employee, subcontractor employee, or consultant with an entity that may impair the objectivity of the employee, subcontractor employee, or consultant in performing the contract work.

(c) The Contractor agrees to notify the Contracting Officer and Contracting Officer Representative (COR) prior to incurring costs for that employee‘s work when an employee may have a personal conflict of interest. In the event that the personal conflict of interest does not become known until after performance on the contract begins, the contractor shall immediately notify the

Contracting Officer of the personal conflict of interest. The Contractor shall continue performance of this contract until notified by the Contracting Officer of the appropriate action to be taken.

(d) The Contractor agrees to insert in any subcontract or consultant agreement placed hereunder provisions which shall conform substantially to the language of this clause, including this paragraph, unless otherwise authorized by the Contracting

3. PROJECT EMPLOYEE CONFIDENTIALITY AGREEMENT

(a) The Contractor recognizes that Contractor employees in performance of this contract may have access to data, either provided by the Government or generated during contract performance, of a sensitive nature which should not be released to the public without USDA approval. Therefore, the Contractor agrees to obtain confidentiality agreements from all of its employees working on requirements under this contract.

(b) Such agreements shall contain provisions which stipulate that each employee agrees that the employee will not disclose, either in whole or in part, to any entity external to the USDA, or the Contractor any information or data (as defined in FAR

Section 27.401) provided by the Government or first generated by the Contractor under this contract, any site-specific cost information, or any enforcement strategy without first obtaining the written permission of the USDA Contracting Officer. If a contractor, through an employee or otherwise, is subpoenaed to testify or produce documents, which could result in such disclosure, the contractor must provide immediate advance notification to the USDA so that the USDA can authorize such disclosure or have the opportunity to take action to prevent such disclosure. Such agreements shall be effective for the life of the contract and for a period of five (5) years after completion of the contract.

(c) The USDA may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to prevent the unauthorized disclosure of information to outside entities. If such a disclosure occurs without the written permission of the USDA Contracting Officer, the Government may terminate the contract, for default or convenience, or pursue other remedies as may be permitted by law or this contract.

(d) The Contractor agrees to insert in any subcontract or consultant agreement placed hereunder provisions which shall conform substantially to the language of this clause, including this paragraph, unless otherwise authorized by the Contracting

4. LIMITATION OF FUTURE CONTRACTING

(a) The parties to this contract agree that the Contractor will be restricted in its future contracting in the manner described below. Except as specifically provided in this clause, the Contractor shall be free to compete for contracts on an equal basis with other companies.

(b) If the Contractor, under the terms of this contract, or through the performance of work pursuant to this contract, is required to develop specifications or statements of work and such specifications or statements of work are incorporated into a

USDA solicitation, the Contractor shall be ineligible to perform the work described in that solicitation as a prime Contractor or

Subcontractor under an ensuing USDA Contract.

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(c) Once the Contractor receives a work assignment under this contract, the Contractor, during the life of the contract, shall not contract with another entity that would present an organizational conflict of interest on the subject matter of task order or work assignment, unless otherwise authorized in writing by the Contracting Officer (e.g., the contractor and subcontractors affiliated with, or having other relationships with, members of the community regulated or assessed by the USDA, or that have a fiduciary interest in the outcome of a USDA action), unless otherwise authorized by the Contracting Officer.

(d) The Contractor agrees in advance that if any bids/proposals are submitted for any work that would require written approval of the Contracting Officer prior to entering into a contract subject to the restrictions of this clause, then the bids/proposals are submitted at the Contractor‘s own risk. Therefore, no claim shall be made against the Government to recover bid/proposal costs as a direct cost whether the request for authorization to enter into the contract is denied or approved.

(e) To the extent that the work under this contract requires access to proprietary or confidential business or financial data of other companies, and as long as such data remains proprietary or confidential, the Contractor shall protect such data from unauthorized use and disclosure.

(f) The Contractor agrees to insert in each subcontract or consultant agreement placed hereunder, provisions which shall conform substantially to the language of this clause including this paragraph unless otherwise specified by the Contracting

**NOTE TO OFFERORS**

Offerors are required to respond to each provision/clause under this section.

______________________(Company Name)____ hereby certifies that it has read and understands the provisions and clauses above. In addition ___________________ certifies that it [ ] has or [ ] has not identified a Conflict of Interest or Potential

Conflict of Interest.

There [ ] is or [ ] is not attached disclosure statement to this notice in regards to the above stated requirements. Number of pages attached ___________

I hereby certify that any information bearing on the existence of any potential organizational conflict of interest has been identified within this document or an attachment thereto. I understand that if it is determined that there was information withheld, it could potentially render an offeror ineligible for award. In addition, if after award is made it is determined that information was withheld, it may become grounds for contract termination by default.

COMPANY NAME

Authorized Signature DATE

Printed Name

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CONTRACT ADDENDUM REGARDING AVOIDANCE OF CONFLICTS

AND THE APPEARANCE THEREOF AND

THE CONFIDENTIALITY AND NON-DISCLOSURE OF INFORMATION

Contractor understands and acknowledges the importance in avoiding not only Conflicts of Interest as specified in the

Contract and other conflicts and improprieties, but also the appearance of conflicts and improprieties in the performance of work under this Contract, and in the conduct of his/her personal affairs that might be attributed, or related, to work under this Contract. Such conflicts, improprieties, or related conduct might arise, for example, in the representation of or assistance to clients, customers, or related parties with respect to seeking participation in or benefits from U.S. Department of Agriculture (―USDA‖) programs; in representing organizations or individuals before USDA; in familial or other relationships (such as friendships with USDA officials);

and other ways. Contractor agrees to take all necessary and reasonable steps to comply with all pertinent Federal laws including, but not limited to, the Conflicts of Interest provision, the Ethics in Government Act, and the False Statements Act, and to diligently avoid conflicts, improprieties, and related conduct, and the…