DOL111RP21271 EMPLYMNT VERIFICATION RFP.pdf
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DOL111RP21271 SOLICITATION FOR EMPLOYMENT VERIFICATION SERVICES
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PAGE 1 OF1. REQUISITION NO.
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY CODE 10. THIS ACQUISITION IS
UNRESTRICTED OR SET ASIDE: % FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED VETERAN-
OWNED SMALL BUSINESS
EMERGING SMALL
BUSINESS
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ IFB RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
17a. CONTRACTOR/OFFERORCODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE
TELEPHONE NO.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED 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) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION (REV. 3/2005)
PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
DOL111RP21271 06-10-2011
CHRISTIAN FOWLER 07-11-2011
12:00 PM EST
OASAM Office of Procurement Services U. S. Department of Labor
RM S4307
200 Constitution Ave., NW Washington DC 20210 541612
N/A
X
ATTN:
U. S. Department of Labor
ROOM S-4307
200 Constitution Ave., NW Washington DC 20210
SEE BLOCK 9
See CONTINUATION Page
See CONTINUATION Page
X X
X1
THIS REQUEST FOR PROPOSAL IS FOR A SINGLE AWARD IDIQ. FIRM
FIXED PRICE TASK ORDERS WILL BE ISSUED FOR EMPLOYMENT
VERIFICATION SERVICES WITH ONE (12) MONTH BASE PERIOD AND
FOUR (12) MONTH OPTION PERIODS FOR THE DEPARTMENT OF LABOR.
ANY UNUSED FUNDS WILL BE DE-SCOPED AND DE-OBLIGATED FOR EACH
TASK AT THE END OF TERM.
THE CONTRACTOR SHALL PROVIDE THESE SERVICES IN ACCORDANCE
WITH THE ATTACHED STATEMENT OF WORK AND REFERENCES FOUND
THROUGH OUT THE SOW.
DEADLINE FOR QUOTES: 11 JULY 2011; BY 12:00 PM (NOON) EST
THIS RFP INCORPORATES PROVISIONS AND CLAUSES
SEE CONTINUATION PAGES
X
DOL111RP21271
SECTION B–1 PRICE/ COST SCHEDULE
BASE YEAR: TBD
ITEM
NO
SUPPLIES/SERVICES ESTIMATED
QUANTITY
UNIT UNIT PRICE AMOUNT
0001 2000 EA
Task A: Employment Verification Services
A. CP2
FFP (Firm Fixed Price) The contractor shall provide Employment Verification services in accordance with the Statement of Work.
Period of Performance: TBD
NET AMT
ITEM
NO
SUPPLIES/SERVICES ESTIMATED
QUANTITY
UNIT UNIT PRICE AMOUNT
0002 251 DAYS
Task B: Database Services FFP (Firm Fixed Price) The contractor shall provide Employment Verification services in accordance with the Statement of Work.
Period of Performance: TBD
NET AMT
TOTAL BASE YEAR PROPOSAL AMOUNT: _________________________
OPTION YEAR 1: TBD
ITEM
NO
SUPPLIES/SERVICES ESTIMATED
QUANTITY
UNIT UNIT PRICE AMOUNT
1001 2000 EA
Task A: Employment Verification Services
A. CP2
FFP (Firm Fixed Price) The contractor shall provide Employment Verification services in accordance with the Statement of Work.
Period of Performance: TBD
NET AMT
ITEM
NO
SUPPLIES/SERVICES ESTIMATED
QUANTITY
UNIT UNIT PRICE AMOUNT
1002 251 DAYS
Task B: Database Services FFP (Firm Fixed Price) The contractor shall provide Employment Verification services in accordance with the Statement of Work.
Period of Performance: TBD
TOTAL OPTION PERIOD ONE PROPOSAL AMOUNT:_________________________
OPTION YEAR 2: TBD
ITEM
NO
SUPPLIES/SERVICES ESTIMATED
QUANTITY
UNIT UNIT PRICE AMOUNT
2001 2000 EA
Task A: Employment Verification Services
A. CP2
FFP (Firm Fixed Price) The contractor shall provide Employment Verification services in accordance with the Statement of Work.
Period of Performance: TBD
NET AMT
ITEM
NO
SUPPLIES/SERVICES ESTIMATED
QUANTITY
UNIT UNIT PRICE AMOUNT
2002 251 DAYS
Task B: Database Services FFP (Firm Fixed Price) The contractor shall provide Employment Verification services in accordance with the Statement of Work.
Period of Performance: TBD
TOTAL OPTION PERIOD TWO PROPOSAL AMOUNT:_________________________
OPTION YEAR 3: TBD
ITEM
NO
SUPPLIES/SERVICES ESTIMATED
QUANTITY
UNIT UNIT PRICE AMOUNT
3001 2000 EA
Task A: Employment Verification Services
A. CP2
FFP (Firm Fixed Price) The contractor shall provide Employment Verification services in accordance with the Statement of Work.
Period of Performance: TBD
NET AMT
ITEM
NO
SUPPLIES/SERVICES ESTIMATED
QUANTITY
UNIT UNIT PRICE AMOUNT
3002 251 DAYS
Task B: Database Services FFP (Firm Fixed Price) The contractor shall provide Employment Verification services in accordance with the Statement of Work.
Period of Performance: TBD
TOTAL OPTION PERIOD THREE PROPOSAL AMOUNT:_________________________
OPTION YEAR 4: TBD
ITEM
NO
SUPPLIES/SERVICES ESTIMATED
QUANTITY
UNIT UNIT PRICE AMOUNT
4001 2000 EA
Task A: Employment Verification Services
A. CP2
FFP (Firm Fixed Price) The contractor shall provide Employment Verification services in accordance with the Statement of Work.
Period of Performance: TBD
NET AMT
ITEM
NO
SUPPLIES/SERVICES ESTIMATED
QUANTITY
UNIT UNIT PRICE AMOUNT
4002 251 DAYS
Task B: Database Services FFP (Firm Fixed Price) The contractor shall provide Employment Verification services in accordance with the Statement of Work.
Period of Performance: TBD
NET AMT
TOTAL OPTION PERIOD FOUR PROPOSAL AMOUNT:_________________________
TOTAL PROPOSAL AMOUNT:______________________________________
B.2 SOLICITATION DELIVERY SCHEDULE
SHIP TO : OASAM / Office of Procurement Services US Department of Labor Room # S-4307 200 Constitution Avenue, NW Washington, DC 20210
MARK FOR: Christian Fowler (email: fowler.christian@dol.gov) ALT FOR: Gladys M. Bailey (email: bailey.gladys@dol.gov)
STATEMENT OF WORK (SOW)
For
EMPLOYMENT VERIFICATION SERVICES
Department of Labor Office of Workers’ Compensation Programs Division of Energy Employees Occupational
Illness Compensation
PART 1
GENERAL INFORMATION
1.0 BACKGROUND INFORMATION
Public Law 106-398, the Energy Employees Occupational Illness Compensation Program Act (EEOICPA) of 2000, as amended (the Act), established a program to compensate nuclear weapons program workers who suffered adverse health effects from exposure to beryllium, ionizing radiation, and other hazards in the course of their nuclear weapons program-related work. The President, in an Executive Order dated December 7, 2000, assigned program implementation responsibilities to various executive departments. The Fiscal Year 2005 National Defense Authorization Act, signed by President Bush on October 28, 2004, abolished Part D of the EEOICPA administered by the Department of Energy (DOE) and replaced it with a new system of federal payments called Part E to be administered by the Department of Labor (DOL).
The DOL’s Office of Workers’ Compensation Programs (OWCP), Division of Energy Employees Occupational Illness Compensation (DEEOIC) is responsible for adjudicating claims associated with Part B and Part E of the Act. According to 20 CFR §30.105 under the DOL EEOICPA Regulations, the DOE has the responsibility for verifying employment at covered DOE facilities.
The DOL verification process includes: (1) establishing that a contractual relationship existed between the covered facility and the identified employer (contractor); (2) verifying that the claimant was an employee of a covered employer during a specific time period; and (3) placing the claimant on site at the covered facility.
Occasionally, DOE or the corporate verifier does not have records sufficient to verify employment. Therefore, it becomes necessary for DOL to search other resources for verification. Alternative methods for employment verification include: the Oak Ridge Institute for Science and Education (ORISE) electronic database, the claimant’s personal records, the Social Security Administration, affidavits from former co-workers of the claimant, and union records.
The DOL receives claims from many employees who worked in jobs related to construction or trades (e.g.
construction workers, electricians, plumbers, etc.). Due to these types of jobs usually being associated with a subcontract, employment is extremely difficult to verify using the DOL’s current resources. Hence, DOL has found the use of union records to be a tremendous assistance in the verification process. Some contractors have access to relevant union, pension, or other records that could assist the DOL in the verification of employment.
1.1 OBJECTIVE: The objective of this effort is to obtain verification of former employees’ involvement in nuclear weapons production. Specifically, to obtain documentation that supports: 1) evidence of employment (e.g. personnel records, union records, pension funds, health records, time and attendance records, etc.); 2) evidence that the employer was a contractor at a covered facility (contractual documents); and 3) evidence of employment on site at the covered facility (e.g. punch cards, sign in and out logs, security records).
Additionally, the contractor must develop and maintain a database that tracks the evidence supporting contractor/subcontractor relationship with the DOE.
1.2 PERIOD OF PERFORMANCE: The period of performance shall be for one (1) Base Period of 12 months and four (4) 12-month option periods.
1.3 QUALITY CONTROL: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this Statement of Work (SOW). The contractor’s quality control program is the means by which work is reviewed to ensure compliance with the requirements of the contract. The Quality Control (QC) Plan is to be delivered with the contractor’s proposal. After acceptance of the quality control plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to the QC plan.
1.4 QUALITY ASSURANCE: The government shall evaluate the contractor’s performance under this contract in accordance with the performance standards.
1.4 RECOGNIZED HOLIDAYS: The contractor is not required to perform services on the following Federal holidays:
New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day
1.5 HOURS OF OPERATION: The contractor is responsible for conducting business, between the hours of 8:00 am to 5:00 pm, Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this SOW when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.
1.6 PLACE OF PERFORMANCE: The work to be performed under this contract will be performed at the contractor’s facility or field offices.
1.7 TYPE OF CONTRACT: The government anticipates a single award indefinite delivery indefinite quantity contract vehicle with firm fixed price task orders.
1.8 SECURITY REQUIREMENTS: Contractor staffs are required to conform to DOL's security and privacy requirements as described below.
1.8.1 The Contractor shall comply with the Computer Security Act of 1987. All products and deliverables developed under this SOW shall comply with DOL Computer Security guidelines and the guidelines contained in OMB Circular A-130. All Contract staff working in DOL office space and/or using the DOL LAN/WAN and computer systems to perform duties under this SOW will agree to and sign the DOL Rules of Behavior for
Computer Use and a Non-Disclosure Agreement. A copy of each signed and witnessed Non-Disclosure Agreement shall be submitted to the COTR prior to the employee performing any work under any task order.
1.8.2 The Contractor will be responsible for ensuring compliance by its employees with the security regulations of DOL and other Government installations or Contractor facilities where work is performed under this Contract. This includes the safekeeping and display of a Government-provided photo ID badge for employees of the Contractor and any subcontractors while these employees are in federally owned or leased property as described in Section 4, Place of Performance. The Contractor will ensure the security of all DOL property, building ID badges, key cards and standard keys issued to Contractor staff. For employees leaving the project permanently or for an extended period of time, the Contractor will return all badges, property, key cards, parking placards, and keys the same day the employees leave the project.
1.8.3 Background Investigations
DOL’s Enterprise Architecture data and work environment is considered sensitive but unclassified. DOL is required under the Homeland Security Presidential Directive (HSPD) 12 “Policy for a Common Identification Standard for Federal Employees and Contractors” to perform a National Agency Check with Inquiries (NACI) for Contractors. The NACI is a brief form of background investigation that is conducted through the Office of Personnel Management. This investigation will be conducted for Contractor staff assigned to this Contract.
Contractor staff will be required to provide two forms of acceptable identification, provide a current photograph, and be finger-printed. Successful clearance is required for an employee to continue working under this Contract. Per the PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL clause of the Federal Acquisition Regulation (FAR 52.204-9):
1.8.3.1 The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.
1.8.3.2 The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have physical access to a federally-controlled facility or access to a Federal information system.
1.8.4 Privacy
Portions of information disclosed during the performance of this task are protected by the provisions of the Privacy Act of 1974; therefore, all personnel assigned to this Contract are required to take proper precautions to protect the information from disclosure.
1.8.5 Ownership
All products and deliverables developed under this SOW are the property of the U.S. Government and DOL.
1.8.6 Commitment to Protect Sensitive Information
The Contractor shall not release, publish, or disclose sensitive information to unauthorized personnel, and shall protect such information in accordance with provisions of the following laws and any other pertinent laws and regulations governing the confidentiality of sensitive information: 18 U.S.C. 641 (Criminal Code: Public Money, Property or Records)
1.9 CONTRACTING OFFICER TECHNICAL REPRESENTATIVE (COTR): The COTR will be identified by separate letter. The COTR monitors all technical aspects of the contract and assists in contract administration.
The COTR is authorized to perform the following functions: ensure the Contractor performs the technical requirements of the contract; ensure the contractor complies with all requirements of the SOW; review and evaluate the contractor’s progress in relation to expenditures; review invoices and vouchers for reasonableness and applicability, conditionally approve or disapprove invoices; conduct periodic contractor site visits; and review progress reports from contractor. A letter of designation issued to the COTR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COTR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COTR is not authorized to change any of the terms and conditions of the resulting contract.
1.10 PERSONNEL: The Contractor and key personnel will have extensive institutional knowledge of the current and historical operations performed at the DOE sites–the work being performed, the occupations related to construction or trades and the time period the contractors were on site, as well as DOE medical screening programs and the records they may have, and any other sources of information to identify subcontractors. The contractor must have access or the ability to gain access to documents from various local unions, health programs and pension funds. Contractor employees should have experience with researching and interpreting DOE and union related personnel records. The information may include data covered under the Privacy Act.
PART 2
DEFINITIONS & ACRONYMS
CO–Contracting Officer
COTR– Contracting Officer’s Technical Representative: A representative from the requiring activity assigned by the Contracting Officer to perform surveillance and to act as liaison to the contractor.
DOE–Department of Energy
DOL–Department of Labor
FAR–Federal Acquisition Regulation
Quality Assurance–Those actions taken by the government to assure services meet the requirements of the
SOW.
QC–Quality Control: Those actions taken by a contractor to control the performance of services so that they meet the requirements of the SOW.
SF–Standard Form
SOW–Statement of Work
PART 3
GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES
NOT APPLICABLE
PART 4
CONTRACTOR FURNISHED ITEMS AND SERVICES
NOT APPLICABLE
PART 5
SPECIFIC TASKS
5.0 TASKS
There are two tasks to be performed under this contract.
5.0.1 Task A: The Contractor will assist the DOL with employment verification in support of certain contractor and subcontractor claims under the EEOICPA. The Contractor shall research union records, pension funds, health records, etc. and provide employment information for construction workers or other claims when the employment verification cannot be established at DOE covered facilities. When established record sources cannot produce the needed verification, the DOL will forward a request to the Contractor for any or all of the following: (1) evidence of employment (i.e. pension records, time and attendance forms, correspondence from the employer addressed to the employee, notices of promotion, reassignment or layoff, ID cards, wage and earnings statements, check stubs, punch cards, security clearance applications); (2) evidence that the employer was a contractor at a covered facility (contractual documents); and (3) evidence of employment on site at the covered facility (i.e. punch cards, sign in and out logs, security records).
5.0.2 Task B: The Contractor will develop and maintain a process for tracking, in an electronic format, all evidence collected in support of a contractor/subcontractor contractual relationship with the DOE, and report back to the DOL the information it has obtained. The Contractor will ensure that the documents collected as evidence are properly maintained and stored for future reference.
5.1 METHOD OF TASKING
All work will be performed in accordance with procedures approved by the DOL, with ongoing performance monitoring. All work performed under this contract will be under the direction of the DOL, and/or specifications developed by the DOL. The work to be performed will entail development work and operational work.
5.2. PERFORMANCE REQUIREMENTS
5.2.1 Task A: The Contractor shall research and provide employment information for construction workers or other claims in which the DOL is unable to verify employment by other means. The Contractor will use pension, union and trust fund records, etc. for these purposes. The information to be developed and provided to the DOL includes one or more of the following: (1) evidence of employment; (2) evidence that the employer was a contractor at a covered facility; and (3) evidence of employment on site at the covered facility.
5.2.2 Task B: The Contractor will develop and maintain a process for tracking, in an electronic format, evidence collected in support of a contractor/subcontractor contractual relationship with DOE. The data maintained will be at minimum the contractor/subcontractors name, the DOE site, the time-period(s) verified and considered to be covered employment. The Contractor must apply reasonable research techniques and interpretive analysis when evaluating the evidence in support of the data that will be contained in the database.
5.3 PERFORMANCE OBJECTIVES
5.3.1 Development
Interact with the DOL on the planning and performance of this work
Develop and validate procedures for providing the DOL with information to assist in establishing employment
Develop administrative procedures for collecting and managing data and evaluating performance
Develop and conduct staff training on procedures
Develop procedures for data management, quality assurance and performance monitoring
Develop and maintain a tracking mechanism for data collected in support of contractual relationship, on-site presence, and time period of work performed
5.3.2 Operational
Upon receipt of a request for employment verification from the DOL, the Contractor will perform some or all of the following work and complete it within 30 business days from date of receipt from DOL:
conduct work history review provide evidence of employment with the employer during the claimed time frame provide evidence that the employer had a contractual relationship with a covered facility provide evidence of onsite employment
Upon receipt of any new contractual information for a covered facility, the Contractor will update the electronic tracking system with any new evidence for the covered facility
Performance Reporting as follows:
Provide a monthly report to the DOL on the number of claims processed by covered facility
Provide subcontractor data update(s), in electronic format, to the DOL on a monthly basis to include the number and name of subcontractors.
5.4 DELIVERABLES:
1. An updateable electronic structure to maintain a cross-relational list of contractors/subcontractors to DOE worksite, in a reportable format, in accordance with Task B.
2. Upon the end of the contract, the Contractor will transfer all information in the electronic structure, including the “electronic key,” to the DOL. The Contractor will not duplicate and retain a copy of the electronic structure.
3. Upon the end of the contract, the Contractor will transfer all hard copy documents supporting the data maintained in the electronic structure to the DOL. The Contractor will not duplicate and retain a copy of the hard copy documents.
4. A monthly report of proven contractors/subcontracts that have been added since previous report in accordance with Task B. The report will include the number and name of subcontractors.
5. The Contractor will be expected to complete work within 30 business days from date of receipt from
DOL.
6. The Contractor will be expected to ensure that updates to the database are derived from appropriate research and the application of sound interpretive analysis.
7. The Contractor shall submit monthly progress reports by the tenth calendar day of each month.
8. Production of reports and responding to requests for information will be provided as needed.
5.5. RESTRICTIONS RELATING TO CONFIDENTIALITY AND DISCLOSURE OF INFORMATION:
Any designs, equipments, and concepts that evolve from performance hereunder shall be considered as “Confidential Information.” The Contractor shall not disclose any confidential information obtained in the performance of this contract. Any presentation of any designs, equipment, or concepts based on information obtained from the tasks covered by this contract will be subject to review and approval by the Government before publication or dissemination for accuracy of factual data and interpretation.
During the course of this contract, the Contractor shall have access to Government data relevant to this project as required. Any information, not previously published, received from the Government in connection with this contract or furnished to the Contractor from other sources in response to the Government’s requirements under this contract, will be restricted to this project, and may not be disclosed or used for any other purpose without the prior written approval of the Contracting Officer (CO). Title to Government-owned data shall remain with the Government. The Contractor shall use the Government-owned data only in connection with this Contract.
These restrictions do not apply to information which (a) currently or subsequently enters the public domain; (b) has been released to any third party; or (c) is obtained by the Contractor independent of the Government.
The data collected under this contract shall be the property of the Department of Labor, Office of Workers’ Compensation Programs. The Contractor or subcontractor(s) will not release information on any individual to any entity other than OWCP without OWCP consent.
The Contractor agrees not to release to the public any data, analyses, or information relating to this Task Order, unless directed to do so by the COTR.
PART 6
APPLICABLE PUBLICATIONS
Not Applicable
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government
1001 Destination Government Destination Government 1002 Destination Government Destination Government
2001 Destination Government Destination Government 2002 Destination Government Destination Government
3001 Destination Government Destination Government 3002 Destination Government Destination Government
4001 Destination Government Destination Government 4002 Destination Government Destination Government
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions Jul 2004 52.203-3 Gratuities Apr 1984 52.203-5 Covenant Against Contingent Fees Apr 1984 52.203-7 Anti-Kickback Procedures Jul 1995
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity Jan 1997
52.203-10 Price or Fee Adjustment for Illegal or Improper Activity Jan 1997 52.203-12 Limitation on Payments to Influence Certain Federal Transactions Sep 2007 52.203-13 Contractor Code of Business Ethics and Conduct Dec 2008 52.204-1 Approval of Contract Dec 1989 52.204-2 Security Requirements Aug 1996 52.204-4 Printed or Copied Double-Sided on Recycled Paper Aug 2000 52.204-6 Data Universal Numbering System (DUNS) Number Apr 2008 52.204-7 Central Contractor Registration Apr 2008 52.212-4 Contract Terms and Conditions–Commercial Items Feb 2007 52.217-5 Evaluation of Options Jul 1990 52.222-1 Notice to the Government of Labor Disputes Feb 1997
52.222-4 Contract Work Hours and Safety Standards Act—Overtime Compensation July 2005
52.223-13 Certification of Toxic Chemical Release Reporting Aug 2003 52.223-14 Toxic Release Reporting Aug 2003 52.227-14 Rights in Data–General Dec 2007
52.227-15 Representation of Limited Rights Data and Restricted Computer Software Dec 2007
52.227-16 Additional Data Requirements Jun 1987 52.232-18 Availability of Funds Apr 1984 52.232-19 Availability of Funds for Next Fiscal Year Apr 1984 52.233-1 Disputes Jul 2002 52.237-3 Continuity of Services Jan 1991 52.244-6 Subcontracts for Commercial Items Jun 2010 52.245-1 Government Property Jun 2007
CLAUSES INCORPORATED BY FULL TEXT
52.212-5 -- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2011)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104 (g)).
(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78)
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[X] (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).
[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).
[] (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (JUL 2010) (Pub. L.
111-5).
[X] (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000).
(Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items).
[] (7) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (JAN 2011) (15 U.S.C. 657a).
[X] (8) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[] (9) [Reserved]
[] (10)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).
[] (ii) Alternate I (Oct 1995) of 52.219-6.
[] (iii) Alternate II (Mar 2004) of 52.219-6.
[] (11)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
[] (ii) Alternate I (Oct 1995) of 52.219-7.
[] (iii) Alternate II (Mar 2004) of 52.219-7.
[X] (12) 52.219-8, Utilization of Small Business Concerns (JAN 2011) (15 U.S.C. 637(d)(2) and (3)).
[] (13)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2011) (15 U.S.C. 637(d)(4)).
[] (ii) Alternate I (Oct 2001) of 52.219-9.
[X] (iii) Alternate II (Oct 2001) of 52.219-9.
[] (iv) Alternate III (JUL 2010) of 52.219-9.
[] (14) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).
[] (15) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
[] (16)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer.)
[] (ii) Alternate I (June 2003) of 52.219-23.
[X] (17) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (APR 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
[X] (18) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
[] (19) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).
[X] (20) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C 632(a)(2)).
[X] (21) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
[] (22) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JUL 2010) (E.O. 13126).
[X] (23) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
[X] (24) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
[X] (25) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).
[X] (26) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
[X] (27) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).
[] (28) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
[X] (29) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
[] (30)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[] (31) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).
[] (32)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).
[] (ii) Alternate I (DEC 2007) of 52.223-16.
[X] (33) 52.223-18, Contractor Policy to Ban Text Messaging while Driving (SEP 2010) (E.O. 13513).
[] (34) 52.225-1, Buy American Act--Supplies (FEB 2009) (41 U.S.C. 10a-10d).
[] (35)(i) 52.225-3, Buy American Act--Free Trade Agreements-- Israeli Trade Act (JUN 2009) (41 U.S.C.
10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53 and 109-169, 109-283, and 110-138).
[] (ii) Alternate I (Jan 2004) of 52.225-3.
[] (iii) Alternate II (Jan 2004) of 52.225-3.
[X] (36) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[X] (37) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[] (38) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
[] (39) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
[] (40) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
[] (41) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C.
2307(f)).
[] (42) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).
[] (43) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).
[] (44) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332).
[] (45) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
[] (46)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.
Appx. 1241(b) and 10 U.S.C. 2631).
[] (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[] (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
[] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
Employee Class Monetary Wage-Fringe Benefits
[] (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.).
[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
[] (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
[] (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.).
[] (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110- 247)
[] (8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract.
If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
(ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) [Reserved]
(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements "(Nov 2007)" (41 U.S.C. 351, et seq.).
(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services- Requirements (FEB 2009)(41 U.S.C. 351, et seq.).
(xii) 52.222-54, Employee Eligibility Verification (JAN 2009)
(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110- 247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.
Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
52.216-1 - TYPE OF CONTRACT. (APR 1984)
The Government contemplates award of a single Indefinite Delivery Indefinite Quantity contract, with Firmed Fixed Price Task Orders resulting from this solicitation.
52.216-18 - ORDERING. (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders will be issued TBD.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
(End of Clause)
52.216-19 - ORDER LIMITATIONS. (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor --
(1) Any order for a single item in excess of $3,897,309.34
(2) Any order for a combination of items in excess of $3,897,309.34 or
(3) A series of orders from the same ordering office within 365 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five (5) days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of Clause)
52.216-22 INDEFINITE QUANTITY. (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’srights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after TBD.
(End of Clause)
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 1 day of contract expiration.
(End of clause)
52.217-9 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 60 days;
provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 60 months.
(End of clause)
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil
(End of provision)
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil
(End of clause)
52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (Jan 2011)
(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.
(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government;
(1) When no longer needed for contract performance.
(2) Upon completion of the Contractor employee’s employment.
(3) Upon contract completion or termination.
(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.
(d) The Contractor shall insert the substance of clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph
(b) of this section, unless otherwise approved in writing by the Contracting Officer.
(End of Clause)
52.212-3 -- Offeror Representations and Certifications -- Commercial Items.
As prescribed in 12.301(b)(2), insert the following provision:
Offeror Representations and Certifications -- Commercial Items (Aug 2009)
An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov . If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision.
(a) Definitions. As used in this provision--
“Emerging small business”means a small business concern whose size is no greater than…
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