ATTACHMENT H.pdf

SPECIAL CONTRACT REQUIREMENTS

H.1. Conflict of Interest

The policy of DOL is to avoid contracting with contractors who have unacceptable organizational conflicts of interest. An organizational conflict of interest means that because of existing or planned activities, an offeror or Contractor is unable, or potentially unable, to render impartial assistance to the agency, or has an unfair competitive advantage, or the offeror or Contractor’s objectivity is, or might be, impaired. If the offeror or Contractor does not have any OCI issues, it must positively affirm so in writing.

The following provides potential contractors with examples of situations where mitigation plans may or may not be required by DOL. These examples are not intended to be inclusive.

Unequal access to information. Access to “nonpublic information” as part of the performance of a DOL contract could provide the contractor a competitive advantage in a later competition for any other DOL contract. Such an advantage could easily be perceived as unfair by a competing Contractor who is not given similar access to the relevant information. If the requirements of DOL procurement anticipate the successful contractor may have access to nonpublic information, the successful contractor should be required to submit and negotiate an acceptable mitigation plan. Alternatively, the “nonpublic information” may be provided to all contractors.

Biased ground rules. A contractor in the course of performance of a DOL contract, has in some fashion established important “ground rule” for another DOL contract, where the same contractor may be a competitor. For example, a contractor may have drafted the SOW, specifications, or evaluation criteria of a future DOL procurement. The primary concern of DOL in this case is that a contractor so situated could slant key aspects of procurement in its own favor, to the unfair disadvantage of competing contractors. If the requirements of DOL procurement anticipate the contractor may have been in a position to establish important ground rules, including but not limited to those described herein, the contractor should be required to submit and negotiate an acceptable mitigation plan.

Impaired objectivity. A contractor in the course of performance of a DOL contract is placed in a situation of providing assessment and evaluation findings over itself, or another business division, or subsidiary of the same corporation, or other entity with which it has a significant financial relationship. The concern in this case is that the contractor’s ability to render impartial advice to DOL could appear to be undermined by the contractor’s financial or other business relationship to the entity whose work product is being assessed or evaluated. In these situations, a “walling off” of lines of communication may well be insufficient to remove the perception that the objectivity of the contractor has been tainted. If the requirements of the DOL procurement indicate that the successful contractor may be in a position to provide evaluations and assessments of itself or corporate siblings, or other entity with which it has a significant financial relationship, the affected Contractor should provide a mitigation plan that includes recusal by the Contractor from the affected contract work. Such recusal might include divestiture of the work to a third party contractor.

Disclosure by offerors or contractors participating in a DOL acquisition. Offerors or contractors should provide information which concisely describes all relevant facts concerning any past, present or currently planned interest, (financial, contractual, organizational, or otherwise) relating to the work to be performed and bearing on whether the offeror or contractor has a possible OCI.

If the offeror or Contractor does not disclose any relevant facts concerning an OCI, the offeror or Contractor, by submitting an offer or signing the contract, warrants that to its best knowledge and belief, no such facts exist relevant to possible OCI.

It is not the intention of DOL to exclude a Contractor from a competitive acquisition due to a perceived OCI. DOL Contracting Officers are fully empowered to evaluate each potential OCI scenario based upon the applicable facts and circumstances. The final determination of such action may be negotiated between the impaired Contractor and the DOL Contracting Officer.

The Contracting Officer’s business judgment and sound discretion in identifying, negotiating, and eliminating OCI scenarios should not adversely affect DOL’s policy for competition. DOL is committed to working with potential contractors to eliminate or mitigate actual and perceived OCI situations, without detriment to the integrity of the competitive process, the mission of DOL, or the legitimate business interests of the contractor community.

Mitigation plans: The successful Contractor will be required to permit a Government audit of internal OCI mitigation procedures for verification purposes. DOL reserves the right to reject a mitigation plan, if in the opinion of the Contracting Officer, such a plan is not in the best interest of DOL. After award, DOL will review and audit OCI mitigation plans as needed (in the event of any changes due to mergers, consolidations, or any unanticipated circumstances that may create an unacceptable organizational conflict of interest).

H.2. Compliance With Nondiscrimination and Equal Opportunity Laws

The assurance at 29 CFR 37.20(a)(1) is incorporated by reference into this contract. The assurance provides that the contractor will comply fully with the nondiscrimination and equal opportunity provisions of the following statutes:

Section 188 of the Workforce Investment Act of 1998 (WIA), which prohibits discrimination against all individuals in the United States on the basis of race, color, religion, sex, national origin, age, disability, or political affiliation or belief, and against beneficiaries on the basis of either citizenship/status as a lawfully admitted immigrant authorized to work in the United States or participation in any WIA Title I-financially assisted program or activity;

Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the bases of race, color and national origin;

Section 504 of the Rehabilitation Act of 1964, as amended, which prohibits discrimination against qualified individuals with disabilities;

The Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; and

Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of sex in educational programs.

The contractor also assures that it will comply with 29 CFR part 37 and all other regulations implementing the statutes listed above. This assurance applies to the contractor’s operation of, or provision of services to, a Job Corps Center, program or activity, and to all subcontracts entered into by the contractor to carry out the Job Corps program or activity, or its operation of the Center. The contractor understands that the United States has the right to seek judicial enforcement of this assurance.

H.3. If a personnel position remains vacant for 15 calendar days, DOL will consider this a material breach of contract and a cure letter will be issued by the Contracting Officer to the contractor. If the position remains vacant for 30 or more days DOL will also consider this a material breach of contract and grounds for termination of contract beginning on the 16th and 31st days that the position remains vacant.

DOL shall provide the following to each individual assigned to this contract: a proper identification to facilitate entry to and departure from DOL facilities for all contractor personnel who need access to DOL. The Department shall provide a workspace and equipment sufficient for the performance of tasks under this contract.

Removal of Contractor Personnel: DOL retains the right to request removal of contractor personnel, or exclude them from access to DOL sites, regardless of position, tenure, or other status, whose actions, while assigned to this contract conflict with the interests of the DOL.

H.4. DOL Procedures for Personnel Identity Verification (PIV) of Contractor Employees Performing Under Department of Labor Contracts

(a) For all contract employees being assigned to on a DOL controlled facility for more than six months or who will have access to a DOL information system, the contractor shall follow the DOL Procedures DOL Policy For PIV Card Issuance For New Federal Employees and Contractors (HR/SC 10/20/05) para E.2.

(b) The contractor shall notify the COTR of a new employee meeting the criteria requiring a PIV five days before the report day. If notification can not occur in 5 days–the contractor shall include a brief explanation as to why when they submit the notification and mark it for expedited handling.

(c) The contractor shall

1. determine the level of security required for the employee, working with the

COTR,

2. Ensure they have all required documents and approvals from the COTR

3. Obtain the location for PIV processing and coordinate with the COTR the time of reporting so an escort can be arranged.

(d) Have the employee report, with all required documents to the reporting location determined by the COTR.

Upon submission of required PIV documents, the employee will be granted temporary access. If the required forms are not submitted, no access will be granted and no claim against the Government will occur.