AG-4D90-S-16-0023.pdf

Combined Synopsis/Solicitation for EEO and Reasonable Accommodation Training for Supervisors/Managers

FY 2016-2017

AG-4D90-S-16-S-0023

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii) The solicitation number AG-4D90-S-16-0023 is issued as a Request for Quotes (RFQ), and the acquisition procedures at FAR Part 12 and 13 are being utilized. The Government anticipates this solicitation will result in the award of a Firm Fixed Price contract with a period of performance of one year. The Government reserves the right to make award without negotiations.

(iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-74 effective May 30, 2014.

(iv) This is a 100% set aside for small business. The applicable NAICS code is 611430, Professional and Management Development Training, which has a size standard of $11.0 M. For more information on size standards, visit http://www.sba.gov/category/navigationstructure/contracting/contracting-officials/eligibility-size-standards.

(v) Contract Line Item Numbers (CLINs)

Contract Line Item Numbers (CLINs)

CLIN Description

Unit Price

Quantity

Extended Price

Training Sessions

10 hours of EEO and Reasonable Accommodation Training for

Supervisors/Managers With Appropriate Training Material

$ 150 $

Travel

Lump sum based on GSA travel rates

$ 150 $

Session unit cost and extended pricing for each Contract Line Item Number (CLIN) listed in above must be completed. Pricing must be provided for every CLIN.

http://www.sba.gov/category/navigation-structure/contracting/contracting-officials/eligibility-size-standards http://www.sba.gov/category/navigation-structure/contracting/contracting-officials/eligibility-size-standards http://www.sba.gov/category/navigation-structure/contracting/contracting-officials/eligibility-size-standards http://www.sba.gov/category/navigation-structure/contracting/contracting-officials/eligibility-size-standards

Description of Requirement: The contractor shall develop, design and deliver an interactive course using adult learning theory on the principles of EEO. The course will be designed to include all instructor presentations, lesson plans, assessment and measurements of the training. Date(s) and place(s) of Delivery and Acceptance: The period of performance is one year from date of notice to proceed. The Contractor is responsible for coordination with the State Conservationists and/or Directors for locations and dates for each session. Contractor is also responsible for coordinating travel to the training sites.

Contracting Office Address Department of Agriculture, Natural Resources Conservation Service, Howard Stover, Contracting Officer, 375 Jackson Street, Suite 600, St. Paul, MN 55101-

Responses are due by 1 July 2016, 0800 am Central Time, at USDA-NRCS (Attn: Howard Stover), 375 Jackson Street, Suite 600, St Paul, MN 55101. Quotes may be submitted via hard copy only. Proposals not using bid sheet above will not be considered. Please submit four copies of the technical and price volumes.

Contact Howard Stover, Contracting Officer, via telephone at (651) 602-7934 or by e-mail Howard.Stover@wdc.usda.gov for information regarding this solicitation. No questions concerning this solicitation will be responded to after 15 July 2016 at 15:00 Central Time.

(vi) The provision at FAR 52.212-1, Instructions to Offerors – Commercial Items, applies to this solicitation. The following addenda also apply. Offerors must read and follow these additional instructions to receive consideration.

1. Proposal Format

a. The proposals shall be in the following format:

PART A - Factor 1 (Demonstrate technical & project management approach for ensuring delivery of requirement)

PART B - Factor 2 (Past Performance)

PART C - Factor 3 (Price)

2. Proposal Characteristics

a. All text must be legible and easily read. All text shall be typed single-spaced.

Margins

(1-inch) shall be clean and clear. Each Part shall be clearly marked and easy to read.

b. All proposals shall contain the requirements stated herein and every Part shall be identified by the name, address, and telephone number of the offeror on the cover. Each Part shall also contain a Table of Contents and also a List of Tables, List of Figures, List of Appendices, and List of Acronyms, if applicable. The list of acronyms should include all acronyms appearing in the Part.

c. Proposal clarity, organization (as requested in this solicitation) and cross-referencing are mandatory. In order for the proposal to receive an in-depth evaluation, it is necessary that the proposal be presented in a manner, which will provide clarity, organization and cross referencing as required.

d. Each evaluation factor shall be described in a separate section, appropriately tabbed in a report form. The information in all parts shall be concise. Elaborate presentations are not necessary or desirable.

3. Proposal Content

a. The Government may establish the competitive range based on initial proposals received, without discussion of such proposals, to the offerors providing the best value to the Government as evaluated using applicable factors. Accordingly, each initial proposal should be submitted on the most favorable terms from a price and technical standpoint that the offeror can submit to the government. Only proposals selected for the competitive range will be invited to participate in an Oral Presentation. The Oral Presentation will be held at the closest NRCS facility with video teleconference capability. No contractor may appear “live” before the Evaluation Board. During the Oral Presentation, the Evaluation Board will asked about the Presentation.

b. The ability of the offeror to perform the training set forth in this solicitation will be evaluated on the basis of their knowledge and understanding of the required training, technical and management method for ensuring delivery of the requirement, the quality provided by their total proposal and their capability and responsibility to accomplish the contract/project. The evaluation will be based on the offeror’s proposal and the Oral Presentation. The proposal shall present a comprehensive, straightforward analysis of the resources and expertise required to perform the work. While knowledge of the RFQ requirements is a prerequisite to preparing proposals, restatement of the RFQ requirements shall be avoided.

Proposals shall emphasize knowledge and understanding of work performance, not work identification.

c. Offerors should submit resumes, curricula vitae and/or written narrative that thoroughly addresses all non‐price evaluation factors listed in section IX below.

The narrative should be supported by evidence that gives credibility to the statements made by the offeror and in turn gives the Government enough information to understand and gain confidence in what the offeror is stating.

There is no limit on the length of the narrative, but it should be of a reasonable length and well supported.

d. Each offeror participating in the Oral Presentation, must conform to the following

1. Each briefer must be a subject matter expert prepared to answer a wide range of detailed questions about the content of the Oral Presentation.

2. The Oral Presentation will focus on the technical capabilities and the concept of the training including an interactive, experiential course using adult learning theory on problem solving of EEO issues and recognizing behaviors that promote high quality leadership practices.

4. System for Award Management (SAM) Registration

In order to comply with the Debt Collection Improvement Act of 1996, all Contractors must be registered in the System for Award Management, or SAM (formerly Central Contractor Registration (CCR)) and Online Representations and Certifications Application (ORCA) prior to award of a Federal Contract. However, due to the need to promptly award a contract after receipt of proposals, registration in SAM, to include completion of the Representations and Certifications, and having a status of “Active” is required BEFORE submitting an offer. For information regarding registration visit https://www.sam.gov.

5. Certification at FAR 52.209-7 Information Regarding Responsibility Matters and the Certification at AGAR 452.209–70 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction.

The offeror must complete the two certifications by reading and checking the appropriate box(s). A copy of the text of the two provisions can be found in Section

(xiii) below and as a separate attachment to this notice. Complete the certification using the attachment related to this notice (See Attachment 4- Required Certifications).

(vii) FAR provision 52.212-2, Evaluation – Commercial Items applies to this solicitation.

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. In descending order of importance, offers shall be evaluated based on (1) technical capabilities;

(2) key personnel and qualifications; (3) current and past performance. The following factors shall be used to evaluate offers, in descending order of importance:

1. Factor 1 – Demonstrate technical & project management approach for ensuring delivery of requirement – https://www.sam.gov/ https://www.sam.gov/

a) The Offeror’s proposal shall demonstrate a thorough understanding of the requirements listed as well as expert knowledge of the services to be provided. The proposal shall demonstrate practices and methodology to be used in performing the work.

b) The Offeror shall identify current practices and/or tools established and in place which will ensure a successful outcome for all tasks and deliverables mentioned in this Performance Work Statement.

c) The Offeror shall provide resumes for the key personnel to be involved in the project shall be submitted by the Offeror. The resumes must show substantive experience as related to agency legal counsel, EEO complaints processing, reasonable accommodation and diversity management.

2. Factor 2 – Past Performance – Evaluation of past performance on contracts with respect to cost, quality of work and compliance with performance schedules.

a) The Offeror must have 5-years of experience in processing EEO complaints, providing legal counsel in handling EEO complaints and/or conducting EEO training.

b) The Offeror must have 5-years of experience in providing legal counsel and agency guidance in handling requests for Reasonable Accommodation.

c) Other similar work with government entities within the past three (3) years. Two references for work performed within the past two years, if possible for a government agency.

d) The Offeror shall submit a listing of the three (3) successful EEO training conducted at mid-size to large (5,000+ workforce) agencies and organizations.

This shall include contracts held with Federal agencies, corporations, state and local governmental agencies, and non-profit organizations.

3. Factor 3 – Price

(b) Options. The Government will evaluate offers for award by the total amount of the bid. The Government may determine that an offer is unacceptable if the prices are significantly unbalanced.

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

(viii) Offerors are required to complete the provision at 52.212-3, Offeror Representations and Certifications – Commercial Items. This must be completed when registering in SAM.

(ix) The clause at 52.212-4, Contract Terms and Conditions, - Commercial Items, dated May 2015, applies to this acquisition and addenda are not attached.

(x) The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items, dated March 2016, applies to this acquisition and the following additional FAR Clauses cited in the clause are applicable to this acquisition:

(b) (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

(b) (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(b) (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (AUG 2013) (31 U.S.C.

6101 note).

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

(b) (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L.112-74, section 740 of Division C of Pub.

L. 111-117, section 743 of Division D of Pub. L. 11-8 and section 745 of Division D of Pub.

L. 110-161).

(b) (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

(b) (16) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)).

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

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

(b) (25) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C.

632(a)(2)).

(b) (28) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).

(b) (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

(b) (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(b) (32) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(b) (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(b) (34) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

(b) (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

(b) (36) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989).

(b) (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

(b) (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008).

(b) (50) 52.232-33, Payment by Electronic Funds Transfer – System for Award Management (Jul 2013) (31 U.S.C. 3332).

(c)(1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

WD 2005-2407 (Rev.-13) 6/25/13 is attached (See Attachment 3 – Wage

Determination.)

(c)(3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment

(Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

(xi) Additional contract requirement(s) or terms and conditions below are determined by the Contracting Officer to be necessary for this acquisition and consistent with customary commercial practices.

The following additional Federal Acquisition Regulation (FAR) and Agriculture Acquisition Regulation (AGAR) clauses and provisions apply to this solicitation and any resultant contract award.

FAR clauses and provisions can be found at https://www.acquisition.gov/far/current/html/FARTOCP52.html#wp372482.

AGAR clauses and provisions can be found at http://www.da.usda.gov/procurement/policy/agar.html.

Fill-in’s, as required, are provided with the provisions and clauses below.

https://www.acquisition.gov/far/current/html/FARTOCP52.html%23wp372482 https://www.acquisition.gov/far/current/html/FARTOCP52.html%23wp372482 http://www.da.usda.gov/procurement/policy/agar.html http://www.da.usda.gov/procurement/policy/agar.html

52.209-7 Information Regarding Responsibility Matters. (Jul 2013)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals

Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. “Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through

(c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7). (End of provision)

52.217-8 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the

Contractor within 30 calendar days before the contract expires; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 calendar days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 1 years and 6 months.

(End of clause)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would https://www.acquisition.gov/ https://www.acquisition.gov/ https://acquisition.gov/far/current/html/52_200_206.html%23wp1137850 https://acquisition.gov/far/current/html/52_200_206.html%23wp1137850 create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(1) Any such clause is unenforceable against the Government.

(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(End of clause)

52.233-2 Service of Protest (Sept 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Howard Stover, Contracting Officer

United States Department of Agriculture

National Resources Conservation Service

375 Jackson Street, Suite 600

St Paul, MN 5 55101

Howard.Stover@wdc.usda.gov

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

(End of clause) https://acquisition.gov/far/current/html/Subpart%2033_1.html%23wp1088681 https://acquisition.gov/far/current/html/Subpart%2033_1.html%23wp1088681

AGAR 452.204-70 INQUIRIES (FEB 1988)

Inquiries and all correspondence concerning this solicitation should be submitted in writing to the Contracting Officer. Offerors should contact only the Contracting Officer issuing the solicitation about any aspect of this requirement prior to contract award.

AGAR 452.209-70 REPRESENTATION BY CORPORATIONS REGARDING AN

UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION (DEVIATION

2012-01)

(FEB 2012)

(a) Awards made under this solicitation are subject to the provisions contained in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012 (P.L. No. 112-55), Division A, Sections 738 and 739 regarding corporate felony convictions and corporate Federal tax delinquencies. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation.

(b) The Offeror represents that –

(1) The Offeror is [ ], is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.)

If the Offeror checked “is” above, the Offeror must complete paragraphs

(2) and (3) of the representation. If Offeror checked “is not” above, Offeror may leave the remainder of the representation blank.

(2)

(i) The Offeror has [ ], has not [ ] (check one) been convicted of a felony criminal violation under Federal or State law in the 24 months preceding the date of offer.

(ii) The Offeror has [ ], has not [ ] (check one) had any officer or agent of Offeror convicted of a felony criminal violation for actions taken on behalf of Offeror under Federal or State law in the 24 months preceding the date of offer.

(3) The Offeror does [ ], does not [ ] (check one) have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

AGAR 452.209-71 ASSURANCE REGARDING FELONY CONVICTION OR TAX

DELINQUENT STATUS FOR CORPORATE APPLICANTS

(a) This award is subject to the provisions contained in the Agriculture, Rural

Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012, P.L. No. 112-55, Division A, Sections 738 and 739 regarding corporate felony convictions and corporate Federal tax delinquencies.

Accordingly, by accepting this award the Contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal or State law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, United States Department of Agriculture, National Resources Conservation Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 738 or 739.

(End of Clause)

AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of this contract is from approximately ___________________. There are no options in this contract.

AGAR 452.224-70 CONFIDENTIALITY OF INFORMATION (FEB 1988)

(a) Confidential information, as used in this clause, means --

(1) Information or data of a personal nature, proprietary about an individual, or

(2) Information or data submitted by or pertaining to an organization.

(b) In addition to the types of confidential information described in (a)(1) and (2) above, information which might require special consideration with regard to the timing of its disclosure may derive from studies or research, during which public disclosure of primarily invalidated findings could create an erroneous conclusion which might threaten public health or safety if acted upon.

(c) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the Contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the "Disputes" clause.

(d) If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

(e) Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the individual, institution or organization.

(f) Written advance notice of at least 45 days will be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, which have the possibility of adverse effects on the public or the Federal agency, as described in (b) above. If the Contracting Officer does not pose any objections in writing within the 45 day period, the Contractor may proceed with disclosure. Disagreements not resolved by the Contractor and Contracting Officer will be settled pursuant to the "Disputes" clause.

(g) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor shall obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.

(h) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State or local laws.

(End of Clause)

AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

(a) 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 Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(b) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer.

Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

AGAR 452.237-75 RESTRICTIONS AGAINST DISCLOSURE (FEB 1988)

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

AGAR 452.246‐70 INSPECTION AND ACCEPTANCE (FEB 1988)

The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract. Work that, in the opinion of the CO, does not meet data quality standards will be returned to the Contractor for correction.

Inconsistencies/edits may be reviewed, resolved and approved via communications.

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PAYMENT

PLATFORM (IPP)

Invoices must be submitted electronically through the U.S. Department of the Treasury’s Invoice Payment Platform System (IPP) or the Contractor must be willing to accept payment by Government purchase card.

The Contractor must use the IPP website (https://www.ipp.gov) to register, access, and use IPP for submitting invoices. Contractor assistance with enrollment can be obtained by calling (866) 973‐3131.

Invoices submitted by means other than IPP will not be accepted unless the Contracting Officer authorizes alternate procedures in writing.