Solicitation_DOL1650-DEP-19-NAT-0001_Amend_1_10-31-2018.pdf

(x) x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

OSHA NATIONAL-DSG

Washington DC 20210 Room N3119 OSHA National-DSG US Department Of Labor

OSHA NATIONAL-DSG

Washington DC 20210 Room N3119 200 Constitution Ave N.W US Department Of Labor

1650-DEP-19-NAT-000110/31/2018

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

DOL1650-DEP-19-NAT-0001

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

10/31/2018

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Title: Expert Witness and Enforcement-Related Compliance Assistance for the Directorate of

Enforcement Programs (DEP)

The U.S. Department of Labor (DOL), Office of Procurement Services (OPS) is seeking the services of a contractor to assist the Occupational Safety and Health Administration (OSHA) by providing safety and health subject matter experts that will significantly improve

OSHA's litigation efforts in carrying out its statutory responsibilities in the areas of occupational safety and health enforcement.

The purpose of this Solicitation Amendment is to correct the solicitation number throughout the document.

Continued ...

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

SHAYLA E. BATTLE

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 69

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

1605DC-19-R-00004

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation No. DOL1650-DEP-19-NAT-0001

Amendment 0001 Expert Witness and Enforcement-Related Compliance Assistance for the Directorate of Enforcement Programs (DEP)

[CONTINUATION PAGES]

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.2 52.216-1 CONTRACT TYPE

The Government contemplates a single award of an Indefinite Delivery, Indefinite Quantity (IDIQ) vehicle and Labor Hour Task Orders (TO) with the same fixed hourly rates throughout the IDIQ’s period of performance which includes a 12-month base period and four (4) 12-month option periods, resulting from this solicitation.

(End of Provision)

B.3 PRICE/COST SCHEDULE

Base Period: 12/24/2018 – 12/23/2019

CLIN LABOR CATEGORY MAXIMUM

HOURS

HOURLY

RATE

ESTIMATED

COST

0001 Technical Outreach & Support

Services (Labor)

Program Manager 1

Program Manager 2

Senior Analyst: Principal 1

Senior Analyst: Principal 2

Senior Analyst: Principal 3

Senior Analyst: Principal 4

Senior Analyst: Principal 5

Senior Analyst: SME 1

Senior Analyst: SME 2

Analyst 1

Analyst 2

Analyst 3

Labor Subtotal:

0002 ODCs: $35,000.00

TOTAL BASE PERIOD:

Expert Witness and Enforcement-Related Compliance Assistance for the Directorate of Enforcement Programs (DEP)

Option Period I: 12/24/2019 – 12/23/2020

HOURS

HOURLY

RATE

ESTIMATED

COST

1001 Technical Outreach & Support

Senior Analyst: Principal 1

Senior Analyst: Principal 2

Senior Analyst: Principal 3

Senior Analyst: Principal 4

Senior Analyst: Principal 5

Senior Analyst: SME 1

Senior Analyst: SME 2

Analyst 1

Analyst 2

Analyst 3

Labor Subtotal:

1002 ODCs: $35,000.00

TOTAL OPTION PERIOD I:

Option Period II: 12/24/2020 – 12/23/2021

HOURS

HOURLY

RATE

ESTIMATED

COST

2001 Technical Outreach & Support

Senior Analyst: Principal 1

Senior Analyst: Principal 2

Senior Analyst: Principal 3

Senior Analyst: Principal 4

Senior Analyst: Principal 5

Senior Analyst: SME 1

Senior Analyst: SME 2

Analyst 1

Analyst 2

Analyst 3

Labor Subtotal:

2002 ODCs: $35,000.00

TOTAL OPTION PERIOD II:

Expert Witness and Enforcement-Related Compliance Assistance for the Directorate of Enforcement Programs (DEP)

Option Period III: 12/24/2021 – 12/23/2022

HOURS

HOURLY

RATE

ESTIMATED

COST

3001 Technical Outreach & Support

Senior Analyst: Principal 1

Senior Analyst: Principal 2

Senior Analyst: Principal 3

Senior Analyst: Principal 4

Senior Analyst: Principal 5

Senior Analyst: SME 1

Senior Analyst: SME 2

Analyst 1

Analyst 2

Analyst 3

Labor Subtotal:

3002 ODCs: $35,000.00

TOTAL OPTION PERIOD III:

Option Period IV: 12/24/2022 – 12/23/2023

HOURS

HOURLY

RATE

ESTIMATED

COST

4001 Technical Outreach & Support

Senior Analyst: Principal 1

Senior Analyst: Principal 2

Senior Analyst: Principal 3

Senior Analyst: Principal 4

Senior Analyst: Principal 5

Senior Analyst: SME 1

Senior Analyst: SME 2

Analyst 1

Analyst 2

Analyst 3

Labor Subtotal:

4002 ODCs: $35,000.00

TOTAL OPTION PERIOD IV:

Expert Witness and Enforcement-Related Compliance Assistance for the Directorate of Enforcement Programs (DEP)

B.4 ISSUANCE OF TASK ORDERS & MINIMUM GUARENTEE

The IDIQ Contract CLINS consist of hourly rates required to complete the expert witness and enforcement-related compliance assistance for the Directorate of Enforcement Programs (DEP) as specified within the Performance Work Statement (PWS) requirements. All individual Task Orders shall be issued in accordance with the IDIQ contract CLINS 0001 through 4002. Concurrent Task

Orders may be issued. All Task Orders will be issued in writing after quantities are verified by the

Government.

B.5 GUARANTEED MINIMUM & MAXIMUM AMOUNTS

Any Contracting Officer specifically in the U.S. Department of Labor (DOL), Office of

Administrative Services and Management (OASAM), Business Operation Center (BOC), Office of

Procurement Services (OPS); within the limits of their warrant may award and administer a Task

Order for work covered by this contract.

The total amount of all orders placed against this contract shall not exceed TBD over a five (5) year period of performance. The guaranteed minimum amount for this IDIQ is $5,000.00. The minimum guarantee shall be satisfied by issuance of a task order concurrent with award of the contract. The guaranteed minimum applies to the base period of the contract. Individual task orders will be awarded in accordance with Section G. The contract maximum represents the total requirement for the life of the contract (including options, if exercised).

Expert Witness and Enforcement-Related Compliance Assistance for the Directorate of Enforcement Programs (DEP)

SECTION C – DESCRIPTION/SPECIFICATION/WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

Expert Witness and Enforcement-Related Compliance Assistance for the Directorate of

Enforcement Programs (DEP)

C.1

Part 1

General Information

1. GENERAL: This is a non-personnel services requirement to provide Expert Witness and

Enforcement-Related Compliance Assistance for the Directorate of Enforcement Programs

(DEP). The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Expert Witness and Enforcement-Related Compliance

Assistance for the Directorate of Enforcement Programs (DEP) as defined in this Performance

Work Statement except for those items specified as government furnished property and services.

The contractor shall perform to the standards in this contract.

1.2 Background: The Directorate of Enforcement Programs (DEP) is the office within the

Occupational Safety and Health Administration (OSHA). DEP supports OSHA's mission of enforcing occupational safety and health (S&H) regulations and standards. Through policy vehicles such as directives, instructions, and interpretations, DEP provides guidance to its field personnel (i.e., compliance safety and health officers (CSHOs)) on fair and consistent enforcement of OSHA regulations and standards, and for employers on their expectation to comply with OSHAs regulations and standards. DEP provides enforcement policy and compliance guidance in the areas of general industry (1910), maritime (1915, 1917, 1918), agriculture (1928), health hazards (e.g., noise, silica) in construction (1926), and federal agencies

(1960). DEP also provides guidance on the application of the general duty clause, Section

5(a)(1) of the OSH Act. DEP also monitors inspection data and statistics to identify trends in all industries.

DEP works closely with other OSHA Directorates (e.g., Standards and Guidance, Construction) in the development of new information and ways of protecting workers from safety and health hazards. This includes the responsibility for all work including but not limited to providing expert witnesses and testimony before the legal systems, providing enforcement guidance through letters of interpretation (LOI), directives, responding to occupational safety and health inquiries (via e-Correspondence and 800 line). The occupational safety and health subject matter experts and consultants will assist OSHA in its enforcement cases in litigation including but not

Expert Witness and Enforcement-Related Compliance Assistance for the Directorate of Enforcement Programs (DEP) limited to review case files, on-site visits, report writing, and testimony. All work will involve

OSHA standards, regulations, and its policies across the broad spectrum of its mission.

Expert witness and enforcement-related compliance assistance material may be developed, reviewed, posted and/or delivered on a wide range of safety and health topics, and may be presented in many different forms (e.g. HTML), including written documents, online materials, audiovisual materials, and on-line.

DEP Program Offices

The Directorate is divided into five program offices that are responsible to plan, develop, implement, administer, and monitor a comprehensive enforcement program. These offices are:

Office of General Industry and Agricultural Enforcement (OGIAE) [29 CFR Parts 1910 and

1928]

Office of Chemical Process Safety and Enforcement Initiatives (OCPSEI) [29 CFR

1910.119]

Office of Health Enforcement (OHE) [29 CFR Parts 1910, 1915, and portions of 1926]

Office of Maritime Enforcement (OME) [29 CFR Parts 1915, 1917, 1918, and 1919]

Office of Federal Agency Programs (OFAP) [29 CFR Part 1960]

DEP also serves as the principal source for interaction with the OSHA ten (10) regional offices.

Additional Directorate staff members provide enforcement guidance and administrative support to the director, program, other OSHA Directive offices (e.g., Standards and Guidance, Construction).

1.3 Objectives: The work will include but not be limited to occupational safety and health experts to testify, provide supporting documentation, and consultants to respond to contested cases of OSHA occupational safety and health enforcement inspections. Provide occupational safety and health expertise, data, and its sources to defend selected OSHA standards, regulations, and its policies.

Assist the Directorate with litigation support work with expert testimony to include but not limited to review of OSHA case files, on-site visits, written reports, development of enforcement-related litigation support material (e.g., models, drawings), review engineering reports, special monitoring and analysis, and records reviews, related to the occupational safety and health enforcement and testimony process.

Provide occupational safety and health subject SMEs for enforcement-related compliance assistance in the development, review, etc. of occupational safety and health products (e.g., reports, compliance directives, policy memoranda) for the enforcement of safety and health topics. The deliverables include but not limited to directives, fact sheets, inquiries, and policy memoranda.

1.4 Scope: The contractor shall assist OSHA with obtaining occupational safety and health experts (subject matter experts) to serve as expert witnesses that will significantly improve

Expert Witness and Enforcement-Related Compliance Assistance for the Directorate of Enforcement Programs (DEP)

OSHA’s litigation efforts in carrying out its statutory responsibilities in the areas of occupational safety and health enforcement. In addition, the contractor will provide support in the development and review of enforcement-related compliance assistance products and materials, as well as public and private inquiries on OSHA standards, regulations, and its policies.

The contractor must have occupational safety and health professionals as a part of their workforce or immediately available for consultation. The occupational safety and health professionals’ expertise shall be demonstrated by education, experience, certification, etc., and they must understand U.S. Department of Labor/OSHA standards, regulations, and its policies.

Confidential nature of both expert witness and enforcement-related compliance assistance work is considered high, but there is no requirement to have a security clearance.

No Government property is being furnished for this procurement. The Government will not provide space for an on-site Project Manager. Services include Expert Witnesses and

Enforcement-Related Compliance Assistance. The contractor shall accomplish expert testimony, provide supporting documentation, and consultants to respond to contested cases of

OSHA occupational safety and health enforcement inspections. Provide occupational safety and health expertise, data, and its sources to defend selected OSHA standards, regulations, and its policies.

1.5 Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and four (4) 12-month option years. The Period of Performance reads as follows:

Base Year: December 24, 2018 through December 23, 2019

Option Year I: December 24, 2019 through December 23, 2020

Option Year II: December 24, 2020 through December 23, 2021

Option Year III: December 24, 2021 through December 23, 2022

Option Year IV: December 24, 2022 through December 23, 2023

1.6 General Information

1.6.1 Quality Control: The contractor shall develop and maintain an effective quality control program (QCP) to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s QCP is the means by which he assures himself that his work complies with the requirement of the contract. The QCP is to be delivered, within 30 days after contract award. A copy of a comprehensive written QCP shall be submitted to the COR within 5 working days when changes are made thereafter. After acceptance of the QCP the contractor shall receive the COR’s acceptance in writing of any proposed change to their QC system.

1.6.2 Recognized Holidays:

New Year’s Day Labor Day

Expert Witness and Enforcement-Related Compliance Assistance for the Directorate of Enforcement Programs (DEP)

Martin Luther King Jr.’s Birthday Columbus Day

President’s Day Veteran’s Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

1.6.3 Hours of Operation: The Contractor is responsible for conducting business, between the hours of 9:00 a.m. to 5:00 p.m. Eastern time, Monday through 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 PWS 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.

1.6.4 Place of Performance: The work to be performed under this contract will be performed at the Contractor’s facility.

1.6.5 Type of Contract: The Government anticipates a Labor Hour contract with fixed hourly rates throughout the IDIQ’s overall period of performance.

1.6.6 Security Requirements: The Contractor shall be responsible for safeguarding all

Government equipment, information and property provided for contractor’s use. At the close of each work period, Government facilities, equipment, and materials shall be secured.

1.6.6.1 Physical Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor’s use. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.6.6.2 Key or Passcode Control: If applicable, the Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The

Contractor shall develop procedures covering key control that shall be included in the Quality

Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the Contracting Officer.

1.6.6.2.1 In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying.

When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system

Expert Witness and Enforcement-Related Compliance Assistance for the Directorate of Enforcement Programs (DEP) shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.

1.6.6.2.2. The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer.

1.6.6.3 Lock Combinations. The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Contractor’s

Quality Control Plan.

1.6.7 Special Qualifications: Not Applicable.

1.6.8 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart (FAR) 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.6.9 Contracting Officer Representative (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the

Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the

Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies;

coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

Expert Witness and Enforcement-Related Compliance Assistance for the Directorate of Enforcement Programs (DEP)

1.6.10 Key Personnel: The following personnel are considered key personnel by the

Government:

The titles of the key personnel will be added prior to contract award.

1.6.11 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.6.12 Contractor Travel: Contractor will be required to travel CONUS during the performance of this contract to attend meetings. Contractor will be authorized travel expenses consistent with the substantive provisions of the Federal Travel Regulation (FTR) and the limitation of funds specified in this contract. All travel requires Government pre-approval/authorization and notification to the COR.

1.6.13 Other Direct Costs: This category includes travel, reproduction, and applicable shipping expenses associated with the required work.

1.6.14 Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government.

These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.6.15 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR

Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The

Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the

Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

Expert Witness and Enforcement-Related Compliance Assistance for the Directorate of Enforcement Programs (DEP)

1.6.16 The Contractor shall not employ any person who is an employee of the United States

Government if that employment would appear to cause a conflict of interest.

1.6.17 Privacy: Portions of information disclosed during the performance of this contract 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 information from disclosure. In addition, sensitive or confidential case file information or data may be redacted to maintain attorney client, deliberative process, and/or work product privileges.

1.6.18 Ownership: All products and deliverables developed under this PWS are the property of the U.S. Government, and DOL.

1.6.19 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). In addition, sensitive or confidential case file information or data may be redacted to maintain attorney client, deliberative process, and/or work product privileges.

Amendment 0001 Expert Witness and Enforcement-Related Compliance Assistance for the Directorate of Enforcement Programs (DEP)

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government.

Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S.

Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5. DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

Expert Witness and Enforcement-Related Compliance Assistance for the Directorate of Enforcement Programs (DEP)

2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The

Government does not have privity of contract with the subcontractor.

2.1.12. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.12. WORK WEEK. Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

CFR Code of Federal Regulations

CONUS Continental United States (excludes Alaska and Hawaii)

CO Contracting Officer

COR Contracting Officer’s Representative

DEP Directorate of Enforcement Programs

DOL U.S. Department of Labor

FAR Federal Acquisition Regulation

FY Fiscal Year (October 1)

OSHA Occupational Safety and Health Administration

PDF Portable Document Format

PIPO Phase In/Phase Out

POC Point of Contact

POP Period of Performance

PWS Performance Work Statement

QA Quality Assurance

QASP Quality Assurance Surveillance Plan

QC Quality Control

TE Technical Exhibit

US United States

Expert Witness and Enforcement-Related Compliance Assistance for the Directorate of Enforcement Programs (DEP)

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Materials: The Government will provide any necessary standard operating procedures and policies necessary to meet the tasks outlined in this PWS.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. Expert Witness:

Provide expert witness subject matter experts in subjects relevant to OSHA enforcement.

Make contact with potential expert witness subject matter experts within 3 business days.

Obtain signed non-disclosure agreement (NDA) for each litigated case from each expert witness subject matter expert (and provided to regional representatives).

Develop and maintain an occupational safety and health expert witness database.

Obtain occupational safety and health SME skills and knowledge (e.g., bios) of the

OSHA standards, regulations, and its policies that are being defended.

Expert witnesses to appear and testify/present information as needed to include but not limited to litigation hearings and other meetings related to the enforcement of

OSHA standards, regulations, and its policies.

Performing literature searches as needed to support testimony in support of OSHA.

Comparing observed health effects, injury and illness data, and industrial hygiene and safety practices among several industry sector in order to help support OSHA’s standards, regulations, and its policies.

5.2. Enforcement-Related Compliance Assistance:

Develop and/or review enforcement-related compliance assistance projects (e.g., reports, compliance directives, policy memoranda, inquiries).

Providing support work such as but not limited to presentation slides, WebEx, and graphics support OSHA’s assigned tasks and projects.

Expert Witness and Enforcement-Related Compliance Assistance for the Directorate of Enforcement Programs (DEP)

Review/evaluate studies by OSHA or other occupational safety and health SMEs.

Retrieve and provide copies of identified literature relevant to specific enforcement standards, regulations, and policies.

Summarize literature on occupational safety and health specific topics.

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS): N/A

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. Attachment/Technical Exhibit List:

7.1. Attachment 2/Technical Exhibit 2 – Deliverables Schedule

Expert Witness and Enforcement-Related Compliance Assistance for the Directorate of Enforcement Programs (DEP)

TECHNICAL EXHIBIT 1

DELIVERABLES SCHEDULE

Expert Witnesses:

DELIVERABLE FREQUENCY # OF COPIES MEDIUM/FORMAT SUBMIT TO

Obtain use of occupational safety and health Expert

Witnesses/SME.

TBD, as needed/make contact with potential experts within three working days.

N/A

INFORM

COR/PROGRAM

MANAGER

Develop and maintain an expert witness database.

TBD, as needed N/A Electronic file COR/Program

Manager

Monthly report of occupational safety and health expert witness/SME projects.

7th workday of the following month.

N/A Electronic file COR/Program

Manager

Bi-weekly occupational safety and health expert witness/SME projects report to regional representatives.

1st and 15th workday of the month.

N/A Electronic file COR/Program

Manager

Enforcement-Related Compliance Assistance:

DELIVERABLE FREQUENCY # OF COPIES MEDIUM/FORMAT SUBMIT TO

Obtain use of occupational safety and health Expert

Witnesses/SMEs.

TBD, as needed/make contact with potential experts within three working days.

INFORM

MANAGER

Enforcement-related compliance assistance/ special products (e.g., reports, compliance directives, policy memoranda, inquiries).

TBD, as needed N/A

Electronic file

MANAGER

Monthly report of occupational safety and health SME work.

7th workday of the following month

N/A Electronic file

MANAGER

Expert Witness and Enforcement-Related Compliance Assistance for the Directorate of Enforcement Programs (DEP)

Expert Witness and Enforcement-Related Compliance Assistance for the Directorate of Enforcement Programs (DEP)

SECTION D – PACKAGING AND MARKING

D.1 ADDITIONAL REQUIREMENTS

Any correspondence including, but not limited to letters, memos, e-mails etc. shall at a minimum include the following markings:

1. Date

2. IDIQ and Task Order number.

3. Project description as “DEP Expert Witness and Enforcement-Related Compliance”.

4. CLIN(s) when applicable.

Expert Witness and Enforcement-Related Compliance Assistance for the Directorate of Enforcement Programs (DEP)

SECTION E – INSPECTION

E.1 The Government will perform inspections as may be applicable, in a manner that does not unduly delay the work.

E.2 52.246-6 INSPECTION -- TIME-AND-MATERIAL AND LABOR-HOUR (MAY

2001)

(a) Definitions. As used in this clause--

“Contractor’s managerial personnel” means any of the Contractor’s directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of --

(1) All or substantially all of the Contractor’s business;

(2) All or substantially all of the Contractor’s operation at any one plant or separate location where the contract is being performed; or

(3) A separate and complete major industrial operation connected with the performance of this contract.

“Materials” includes data when the contract does not include the Warranty of Data clause.

(b) The Contractor shall provide and maintain an inspection system acceptable to the

Government covering the material, fabricating methods, work, and services under this contract.

Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The

Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) Unless otherwise specified in the contract, the Government shall accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they shall be presumed accepted 60 days after the date of delivery, unless accepted earlier.

Expert Witness and Enforcement-Related Compliance Assistance for the Directorate of Enforcement Programs (DEP)

(f) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (h) of this clause, the cost of replacement or correction shall be determined under the Payments Under Time-and-Materials and Labor-Hour Contracts clause, but the “hourly rate” for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken.

(g)

(1) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may --

(i) By contract or otherwise, perform the replacement or correction, charge to the

Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(ii) Terminate this contract for default.

(2) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute.

(h) Notwithstanding paragraphs (f) and (g) above, the Government may at any time require the

Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to --

(1) Fraud, lack of good faith, or willful misconduct on the part of the Contractor’s managerial personnel; or

(2) The conduct of one or more of the Contractor’s employees selected or retained by the

Contractor after any of the Contractor’s managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(i) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(j) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

Expert Witness and Enforcement-Related Compliance Assistance for the Directorate of Enforcement Programs (DEP)

(k) Unless otherwise specified in the contract, the Contractor’s obligation to correct or replace

Government-furnished property shall be governed by the clause pertaining to Government property.

(End of Clause)

Expert Witness and Enforcement-Related Compliance Assistance for the Directorate of Enforcement Programs (DEP)

SECTION F – DELIVERIES OR PERFORMANCE

F.1 IDIQ PERIOD OF PERFORMANCE

The period of performance for the line items under this IDIQ is:

Overall Period of Performance: December 24, 2018 - December 23, 2023

Line Item Nos. Period Start Date End Date

0001 - 0002 Base Year December 24, 2018 December 23, 2019

1001 - 1002 Option Year 1 December 24, 2019 December 23, 2020

2001 – 2002 Option Year 2 December 24, 2020 December 23, 2021

3001 - 3002 Option Year 3 December 24, 2021 December 23, 2022

4001 - 4002 Option Year 4 December 24, 2022 December 23, 2023

F.2 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by

Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES

INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

FEDERAL ACQUISITION REGULATION

(48 CFR Chapter 1)

52.242-15 STOP-WORK ORDER AUG 1989

52.247-34 F.O.B. DESTINATION NOV 1991

52.242-17 GOVERNMENT DELAY OF WORK APR 1984

Expert Witness and Enforcement-Related Compliance Assistance for the Directorate of Enforcement Programs (DEP)

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 DOLAR 2952.201-70 CONTRACTING OFFICER'S TECHNICAL

REPRESENTATIVE (COTR) (MAY 2004)

The following COR has been appointed and delegated to administer this IDIQ Contract and all subsequent Task Orders, as these services are managed exclusively by the Business Operations

Center (BOC) for all DOL locations.

Sven Rundman of the Occupational Safety and Health Administration (OSHA) is hereby designated to act as the Contracting Officer’s Representative (COR) under this contract. Sven

Rundman may be contacted at (202) 693-2585 or via e-mail: rundman.sven@dol.gov.

(a) The COR is responsible, as applicable, for: receiving all deliverables; inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this task order; providing direction to the contractor which clarifies the task order effort, fills in details or otherwise serves to accomplish the contractual scope of work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(b) The COR does not have the authority to alter the contractor’s obligations under the task order, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If, as a result of technical discussions, it is desirable to alter/change contractual obligations or the scope of work, the Contracting Officer must issue such changes.

(c) The COR is authorized to review and recommend approval of:

1. technical matters not involving a change in the scope, price, terms or conditions of this contract;

2. progress reports;

3. inspection and acceptance of supplies/services; and

4. invoices.

(d) The COR is not authorized to direct any action that results in a change in the scope, price, terms or conditions of this task order.

G.2. CONTRACTING OFFICE ADDRESS

U.S. Department of Labor

OASAM, Office of Procurement Services

200 Constitution Avenue, NW

Room: S4307 mailto:rundman.sven@dol.gov

Expert Witness and Enforcement-Related Compliance Assistance for the Directorate of Enforcement Programs (DEP)

Washington, DC 20210

G.3. ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (DOL 2014-01)

Invoicing Procedures:

An original invoice shall be prepared and submitted to the Department of Labor (DOL) by email to:

DOL-NO-OSHA@quickpay.dol.gov (Address is case sensitive.)

(a) Definitions. As used in this clause-

(1) Contract financing payment has the meaning given in FAR 32.001.

(2) Invoice payment has the meaning given in FAR 32.001.

(3) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic Payment Requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a

Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this clause, and therefore no additional electronic invoice submission is required.

(c) Data Transmission. A contractor must ensure that the data transmission method and format comply with the following provisions:

(1) The contractor shall:

a. Address the invoice to the appropriate e-mail address specified in the contract.

b. Submit the invoice via attachment in PDF or TIFF format.

c. Submit only one invoice per electronic submittal.

d. Enter specific information in the subject line of the e-mail in the following format:

<Contractor Name>, DOL Agency, <Contract Number, BPA Call or Order

Number>, Invoice Number, <Invoice Amount>

Example: ABC Co, OASAM, DOL00-00-X0000/X0000, Invoice Number AB-

1298433, $15,000.00.

e. Submit a copy of the email with the attached invoice to the contracting officer’s representative (COR) at the COR email address specified in the contract.

f. Before sending another e-mail with the same invoice attachment, confirm whether DOL has already responded and/or whether you have received a success or failure response to your submission.

(2) The contractor MUST NOT:

a. Submit an invoice that exceeds the size limit of 16 megabytes (approximately

400-500 pages). However, if the invoice exceed this limit, a summary invoice attachment of less than 16 megabytes should be e-mailed to the payment e-mail mailto:DOL-NO-OSHA@quickpay.dol.gov https://www.acquisition.gov/far/current/html/Subpart%2032_1.html#wp1024838 https://www.acquisition.gov/far/current/html/Subpart%2032_1.html#wp1024838

Expert Witness and Enforcement-Related Compliance Assistance for the Directorate of Enforcement Programs (DEP) address above; while the detailed invoice, including any supplemental information, shall be sent to the COR or other representative at the address.

b. Submit an invoice that is heavy in shading or color.

1. An e-mailed PDF image cannot have any text that has a background with any color other than white. If the image has a shaded background, it will be converted to black, and the text will be illegible.

2. An emailed TIFF image must be black and white.

c. Submit more than one attachment, as subsequent attachments will not be recognized.

d. Submit more than one invoice in a single attachment.

e. Attempt to use the “Recall or Resend” email message feature.

(d) General Information. Payment due dates will be calculated only from the date that invoices are received in the electronic invoicing e-mail box and determined to be proper invoices.

Inquiries regarding invoices should be e-mailed to DCASinvoiceinquiry@dol.gov or call the DOL/OCFO Payment Center at (202) 693-6810. The relevant invoice must be attached to the inquiry e-mail and the subject line of the e-mail must state “INQUIRY,” followed by the information described in paragraph (1) d. above.

Example: INQUIRY: <Contractor Name>, DOL Agency, <Contract Number, BPA

Call or Order Number>, Invoice Number, <Invoice Amount>

Do NOT use the electronic invoicing e-mail address for inquiries about the invoice.

(e) Invoice requirements. Invoices shall comply with FAR 32.905.

(f) Exceptions. Paper invoices should only be faxed or mailed through U.S. mail when electronic mail cannot be accomplished.

When invoices must be faxed due to e-mail size limitations, fax them to: (202) 693-4451

When paper invoices must be mailed due to e-mail size limitations, mail them to the following address:

U.S. Department of Labor

Office of Financial Management Operations

Room S-5526

200 Constitution Avenue, N.W

Washington, DC 20210 mailto:DCASinvoiceinquiry@dol.gov https://www.acquisition.gov/far/current/html/Subpart%2032_9.html#wp1032997

Expert Witness and Enforcement-Related Compliance Assistance for the Directorate of Enforcement Programs (DEP)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 ORDER OF PRECEDENCE

In the event of an inconsistency between the terms and conditions of this contract, resultant Task

Orders, and contractor TO proposals, the IDIQ Contract/Task Order terms and conditions shall prevail: The order or precedence is as follows:

(a) The IDIQ contract;

(a) The TO; and

(b) The contractor TO proposals.

H.2 WORK ON A GOVERNMENT INSTALLATION

In performing work under this contract on a Government installation or in a Government building, the contractor shall:

(1) Conform to the specific safety requirements established by the Government location.

(2) Comply with the safety rules of…