Solicitation_DOL-OPS-15-R-00050.pdf
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- DOL-OPS-15-R-00050
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DOL-OPS-15-R-00050
RESEARCH SUPPORT CONGRESSIONAL AND EXECUTIVE ORDER REPORTING ON CHILD LABOR,
FORCED LABOR, AND HUMAN TRAFFICKING
SECTION 1: RFP & ATTACHMENTS
TABLE OF CONTENTS
SECTION 1: RFP & ATTACHMENTS: TOPIC PAGE
TOPIC: Solicitation/Contract/Order for Commercial Items 1 Standard Form (SF)1449
PART A:
Addendum – Continuation of SF-1449
PART B:
Prices/Performance/Costs
PART C:
FAR Clause 52.212-3 Offeror Representations and Certifications-Commercial Items (Mar 2015) FAR Clause 52.212-4 – Contract Terms and Conditions – Commercial Items (MAY 2015)
FAR Clause 52.212-5 – Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (MAY 2015)
PART D:
Performance Work Statement and Attachments
Section No. 1: Performance Work Statement 38 Section No. 2: Deliverable Schedule 65 Section No. 3: Performance Metrics 71 Section No. 4: Past Performance Questionnaire 84 Section No. 5: US DOL Contractor Confidentiality/Non-Disclosure Agreement 89 Section No. 6: US DOL Sub-Contracting Plan
PART E:
FAR Clause 52.212-1 – Instructions to Offerors – Commercial Items (APR 2014)
PART F:
FAR Clause 52.212-2 – Evaluation-Commercial Items (OCT 2014), Or Other Description of Evaluation Factors for Award
SECTION 2: LIST OF APPENDICES (For Informational Purposes Only)
PART G:
Appendix No. 1: Definitions G-1 Appendix No. 2: TDA Appendix I G-4 Appendix No. 3: TDA Appendix III G-26 Appendix No. 4: TVPRA Country List G-32 Appendix No. 5: TDA Country List G-33
PART A: ADDENDUM- CONTINUATION OF SF-1449
SOLICITATION FOR DELIVERY AND/OR PERFORMANCE
A.1 CONTRACT TYPE
The Government intends to issue a single Firm Fixed Price Contract resulting from this solicitation to the responsible offeror whose offer conforms to the solicitation and offers a sound technical approach that meets the requirements identified in the Performance Work Statement.
A.1.1 OVERVIEW OF PRICING SCHEDULES
The agreed upon negotiated prices shall be fixed for the duration of this contract (See Sections B.1 – B.5). Prices proposed against this contract must be in accordance with agreed upon prices. If the contract is extended, as a result of a direct action or inaction by the Government, which delays the Contractor from completing the services within the Period of Performance identified, the Contractor may use the rates associated with the applicable contract year for the extension. However, in no event shall the Contractor perform, or be paid for any work which exceeds the ceiling amount of the contract.
A.2 DELIVERIES OR PERFORMANCE
A.2.1 PERIOD OF PERFORMANCE
The Period of Performance shall be for one 12-month base year and four 12-month option years.
A.2.2 NOTICE TO THE GOVERNMENT OF DELAYS
In the event the Contractor encounters difficulty in meeting performance requirements, or when the Contractor anticipates difficulty in complying with the contract delivery schedule or completion date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately notify the Contracting Officer and COR in writing, giving pertinent details. This data shall be informational only in character and this provision shall not be construed as a waiver by the Government of any delivery schedule or date, or any rights or remedies provided by law or under this contract.
A.2.3 DELIVERABLES
Deliverables will be specified in this contract in section D.2. Deliverable products shall be validated and verified to ensure that they meet applicable/specified standards, policy, business requirements and quality measures according to FAR 52.212-4 (a) Inspection/Acceptance.
A.2.4 PERSONNEL
The Contractor shall ensure that all Contractor support personnel are adequately trained, possess the credentials specified in the appropriate labor categories, and are otherwise fully qualified to provide the high level of support required by this contract.
Contractor Personnel
A.2.4.1 SUPERVISION: The Contractor shall provide supervision for all Contractor personnel.
Contractor personnel shall not be supervised by Government employees. The Contractor shall be responsible for ensuring employees assigned under this contract comply with all PWS requirements, Installation requirements, and legal requirements as applicable to this PWS.
A.2.4.2 NON-GOVERNMENT EMPLOYMENT: The Contractor shall not employ any person who is an employee of the United States Government if the employment of that person would create a conflict of interest. Nor shall the Contractor employ any person who is an active employee of DOL.
A.2.5 KEY PERSONNEL
A.2.5.1 USDOL considers the following positions to be key personnel under this PWS. Resumes of these personnel must be submitted in response to this announcement:
• Project Manager The Project Manager will have primary responsibility to ensure that all tasks under this contract are of the highest quality and are completed on time. He/she will manage workflow among various sub-contractors and others contributing to the work performed under this PWS.
• Any task-specific managers or task leads. These personnel would include, for example, the personnel proposed to manage the editing tasks or the original field research tasks.
• The staff person from the Contractor who will spend approximately three (3) days per work week at DOL, and
• All personnel proposed to conduct Task 18: Qualitative coding of TDA suggested actions, Task 28: Analysis of public-use child labor datasets, and Task 35: In-Country Document Collection.
A.2.6 REASSIGNMENT, REMOVAL, OR RESIGNATION OF CONTRACTOR PERSONNEL.
A.2.6.1 AUTHORIZATION REQUIRED TO REPLACE KEY PERSONNEL.
No replacement of key personnel shall be made by the Contractor without the written consent of the Contracting Officer.
A.2.6.2 NOTIFICATION OF INTENT TO CHANGE KEY PERSONNEL
Prior to any key personnel reassignment, removal, or resignation, the Contractor shall provide written notification at least 14 calendar days in advance to the COR and shall submit justification (including proposed substitutions and their resumes) in sufficient detail to permit evaluation of the impact of the proposed change on the program and its schedule.
Resumes of replacement Key Personnel must be provided to the Contracting Officer’s Technical Representative for review and concurrence prior to performance of work by the individual under consideration.
A.2.6.3 SUBSTITUTION OF CONTRACTOR PERSONNEL
In the event an employee assigned to this contract is terminated or quits, the Contractor shall immediately notify the Contracting Officer or authorized COR of the personnel change. The Contractor shall coordinate any changes in personnel with the CO or representative prior to assigning a new individual to the PWS project.
RESEARCH SUPPORT CONGRESSIONAL AND EXECUTIVE ORDER REPORTING ON CHILD LABOR, FORCED
LABOR, AND HUMAN TRAFFICKING
PART B: ADDENDUM- SUPPLIES OR SERVICES/PRICE/PERFORMANCE /COSTS
B.1 BASE YEAR PRICING SCHEDULE
CLIN* TASK QUANTITY FULLY
BURDEN
RATE
EXTENDED
PRICE
Task 1: Development and tracking of TDA timeline 1
1002 Task 2: Develop and Track TDA Researcher tracker 1
1003 Task 3: Documentation of TDA review processes and instructions 26
1004 Task 4: EndNote coding, training and technical assistance 1
1005 Task 5: Copy Editing TDA Report Guide 1
1006 Task 6: Pilot TDA Guide and Draft Checklists 7
1007 Task 7: Revise Plain Writing Guide 1
1008 Task 8: Revise Assessment Grid Template 1
1009 Task 9: Collect Sources for TDA Report 143
1010 Task 10: Prepare TDA Country Assessment Grids for Draft 1 143
1011 Task 11: Revise Assessment Paragraph Tracking Document 1
1012 Task 12: Conduct First Review of Country Profiles 40
1013 Task 13: Technical Edits of TDA Country Profiles 143
1014 Task 14: Fact Check of TDA Country Profiles 143
1015 Task 15: Copy Edit TDA Report Country Profiles 144 and Front Matter 1016 Task 16: Quality Control of
Statistics 1
1017 Task 17: Compile, Validate, and Write Up Data from Assessment Grids 1
1018 Task 18: Qualitative coding of TDA suggested actions 1
1019 Task 19: Develop Appendices 1
1020 Task 20: Consistency Check 1
1021 Task 21: Preparation of dataset and data dictionary 1
1022 Task 22: Develop and Track TVPRA Production Timeline 1
1023 Task 23:Develop and Track TVPRA researcher timeline 1
1024 Task 24: Documentation and Compilation of TVPRA Processes and Instructions 10
1025 Task 25: Format and Copy Edit TVPRA/EO Report Guide
1026 Task 26: Create TVPRA and EO Grid Template 0
1027 Task 27: Collect Sources for TVPRA/EO Report 50
1028 Task 28: Analyze public use data sets 2
1029 Task 29: Edit TVPRA Bibliographies 80
1030 Task 30: Augment DOL Contact Lists (No focus group or report) 1
1031 Task 31: Obtain photos/videos and create database 1
1032 Task 32: Edit & Format Quarterly Newsletter 4
1033 Task 33: Quantitative Research
1034 Task 34: Mixed Methods Research 0
1035 Task 35: In-Country Document Collection 0
1036 Task 36: Convening Working Groups in Washington DC 0
1037 Travel $
BASE YEAR TOTAL $
B.2 OPTION YEAR 1 PRICING SCHEDULE
CLIN* TASK QUANTITY FULLY
BURDEN
RATE
EXTENDED
PRICE
2001 Task 1: Development and tracking of TDA timeline 1
2002 Task 2: Develop and Track TDA Researcher tracker 1
2003 Task 3: Documentation of TDA review processes and instructions 26
2004 Task 4: EndNote coding, training and technical assistance 1
2005 Task 5: Copy Editing TDA Report Guide 1
2006 Task 6: Pilot TDA Guide and Draft Checklists 7
2007 Task 7: Revise Plain Writing Guide 1
2008 Task 8: Revise Assessment Grid Template 1
2009 Task 9: Collect Sources for TDA Report 143
2010 Task 10: Prepare TDA Country Assessment Grids for Draft 1 143
2011 Task 11: Revise Assessment Paragraph Tracking Document 1
2012 Task 12: Conduct First Review of Country Profiles 40
2013 Task 13: Technical Edits of TDA Country Profiles 143
2014 Task 14: Fact Check of TDA Country Profiles 143
2015 Task 15: Copy Edit TDA Report Country Profiles and Front Matter 144
2016 Task 16: Quality Control of Statistics 1
2017 Task 17: Compile, Validate, and Write Up Data from Assessment Grids 1
2018 Task 18: Qualitative coding of TDA suggested actions 1
2019 Task 19: Develop Appendices 1
2020 Task 20: Consistency Check 1
2021 Task 21: Preparation of dataset and data dictionary 1
2022 Task 22: Develop and 0 $
Track TVPRA Production Timeline
2023 Task 23:Develop and Track TVPRA researcher timeline 0
2024 Task 24: Documentation and Compilation of TVPRA Processes and Instructions 0
2025 Task 25: Format and Copy Edit TVPRA/EO Report Guide
2026 Task 26: Create TVPRA and EO Grid Template 1
2027 Task 27: Collect Sources for TVPRA/EO Report 0
2028 Task 28: Analyze public use data sets 2
2029 Task 29: Edit TVPRA Bibliographies 80
2030 Task 30: Augment DOL Contact Lists (No focus group or report) 1
2031 Task 31: Obtain photos/videos and create database 1
2032 Task 32: Edit & Format Quarterly Newsletter 4
2033 Task 33: Quantitative Research
2034 Task 34: Mixed Methods Research 0
2035 Task 35: In-Country Document Collection 0
2036 Task 36: Convening Working Groups in Washington DC 0
2037 Travel $
OPTION YEAR 1 TOTAL $
B.3 OPTION YEAR 2 PRICING SCHEDULE
BURDEN
RATE
EXTENDED
PRICE
3001 Task 1: Development and tracking of TDA timeline 1
3002 Task 2: Develop and Track TDA Researcher tracker 1
3003 Task 3: Documentation of TDA review processes and instructions 26
3004 Task 4: EndNote coding, training and technical assistance 1
3005 Task 5: Copy Editing TDA Report Guide 1
3006 Task 6: Pilot TDA Guide and Draft Checklists 7
3007 Task 7: Revise Plain Writing Guide 1
3008 Task 8: Revise Assessment Grid Template 1
3009 Task 9: Collect Sources for TDA Report 143
3010 Task 10: Prepare TDA Country Assessment Grids for Draft 1 143
3011 Task 11: Revise Assessment Paragraph Tracking Document 1
3012 Task 12: Conduct First Review of Country Profiles 40
3013 Task 13: Technical Edits of TDA Country Profiles 143
3014 Task 14: Fact Check of TDA 143 $
Country Profiles 3015 Task 15: Copy Edit TDA
Report Country Profiles and Front Matter 144
3016 Task 16: Quality Control of Statistics 1
3017 Task 17: Compile, Validate, and Write Up Data from Assessment Grids 1
3018 Task 18: Qualitative coding of TDA suggested actions 1
3019 Task 19: Develop Appendices 1
3020 Task 20: Consistency Check 1
3021 Task 21: Preparation of dataset and data dictionary 1
3022 Task 22: Develop and Track TVPRA Production Timeline 1
3023 Task 23:Develop and Track TVPRA researcher timeline 1
3024 Task 24: Documentation and Compilation of TVPRA Processes and Instructions 10
3025 Task 25: Format and Copy Edit TVPRA/EO Report Guide
3026 Task 26: Create TVPRA and EO Grid Template 0
3027 Task 27: Collect Sources for TVPRA/EO Report 50
3028 Task 28: Analyze public use data sets 2
3029 Task 29: Edit TVPRA Bibliographies 80
3030 Task 30: Augment DOL Contact Lists (No focus group or report) 1
3031 Task 31: Obtain photos/videos and create database 1
3032 Task 32: Edit & Format Quarterly Newsletter 4
3033 Task 33: Quantitative Research
3034 Task 34: Mixed Methods Research 0
3035 Task 35: In-Country Document Collection 0
3036 Task 36: Convening Working Groups in Washington DC 2
3037 Travel $
TOTAL OPTION YEAR 2 $
B.4 OPTION YEAR 3 PRICING SCHEDULE
BURDEN
RATE
EXTENDED
PRICE
4001 Task 1: Development and tracking of TDA timeline 1
4002 Task 2: Develop and Track TDA Researcher tracker 1
4003 Task 3: Documentation of TDA review processes and instructions 26
4004 Task 4: EndNote coding, training and technical assistance 1
4005 Task 5: Copy Editing TDA Report Guide 1
4006 Task 6: Pilot TDA Guide and Draft Checklists 7
4007 Task 7: Revise Plain Writing Guide 1
4008 Task 8: Revise Assessment Grid Template 1
4009 Task 9: Collect Sources for TDA Report 143
4010 Task 10: Prepare TDA Country Assessment Grids for Draft 1 143
4011 Task 11: Revise Assessment Paragraph Tracking Document 1
4012 Task 12: Conduct First Review of Country Profiles 40
4013 Task 13: Technical Edits of TDA Country Profiles 143
4014 Task 14: Fact Check of TDA Country Profiles 143
4015 Task 15: Copy Edit TDA Report Country Profiles and Front Matter 144
4016 Task 16: Quality Control of Statistics 1
4017 Task 17: Compile, Validate, and Write Up Data from Assessment Grids 1
4018 Task 18: Qualitative coding of TDA suggested actions 1
4019 Task 19: Develop Appendices 1
4020 Task 20: Consistency Check 1
4021 Task 21: Preparation of dataset and data 1 dictionary 4022 Task 22: Develop and
Track TVPRA Production Timeline 0
4023 Task 23:Develop and Track TVPRA researcher timeline 0
4024 Task 24: Documentation and Compilation of TVPRA Processes and Instructions 0
4025 Task 25: Format and Copy Edit TVPRA/EO Report Guide
4026 Task 26: Create TVPRA and EO Grid Template 1
4027 Task 27: Collect Sources for TVPRA/EO Report 0
4028 Task 28: Analyze public use data sets 2
4029 Task 29: Edit TVPRA Bibliographies 80
4030 Task 30: Augment DOL Contact Lists (No focus group or report) 1
4031 Task 31: Obtain photos/videos and create database 1
4032 Task 32: Edit & Format Quarterly Newsletter 4
4033 Task 33: Quantitative Research
4034 Task 34: Mixed Methods Research 3
4035 Task 35: In-Country Document Collection 6
4036 Task 36: Convening Working Groups in Washington DC 0
4037 Travel $
OPTION YEAR 3 TOTAL $
B.5 OPTION YEAR 4 PRICING SCHEDULE
BURDEN
RATE
EXTENDED
PRICE
5001 Task 1: Development and tracking of TDA timeline 1
5002 Task 2: Develop and Track TDA Researcher tracker 1
5003 Task 3: Documentation of TDA review processes and instructions 26
5004 Task 4: EndNote coding, training and technical assistance 1
5005 Task 5: Copy Editing TDA Report Guide 1
5006 Task 6: Pilot TDA Guide and Draft Checklists 7
5007 Task 7: Revise Plain Writing Guide 1
5008 Task 8: Revise Assessment Grid Template 1
5009 Task 9: Collect Sources for TDA Report 143
5010 Task 10: Prepare TDA Country Assessment Grids for Draft 1 143
5011 Task 11: Revise Assessment Paragraph Tracking Document 1
5012 Task 12: Conduct First Review of Country Profiles 40
5013 Task 13: Technical Edits of TDA Country Profiles 143
5014 Task 14: Fact Check of TDA Country Profiles 143
5015 Task 15: Copy Edit TDA Report Country Profiles and Front Matter 144
5016 Task 16: Quality Control of Statistics 1
5017 Task 17: Compile, Validate, and Write Up Data from Assessment Grids 1
5018 Task 18: Qualitative coding of TDA suggested actions 1
5019 Task 19: Develop Appendices 1
5020 Task 20: Consistency Check 1
5021 Task 21: Preparation of dataset and data dictionary 1
5022 Task 22: Develop and Track TVPRA Production Timeline 1
5023 Task 23:Develop and Track TVPRA researcher timeline 1
5024 Task 24: Documentation and Compilation of TVPRA Processes and Instructions 10
5025 Task 25: Format and Copy Edit TVPRA/EO Report Guide
5026 Task 26: Create TVPRA and EO Grid Template 0
5027 Task 27: Collect Sources for TVPRA/EO Report 50
5028 Task 28: Analyze public 2 $ use data sets 5029 Task 29: Edit TVPRA
Bibliographies 80
5030 Task 30: Augment DOL Contact Lists (No focus group or report) 1
5031 Task 31: Obtain photos/videos and create database 1
5032 Task 32: Edit & Format Quarterly Newsletter 4
5033 Task 33: Quantitative Research
5034 Task 34: Mixed Methods Research 1
5035 Task 35: In-Country Document Collection 0
5036 Task 36: Convening Working Groups in Washington DC 1
OPTION YEAR 4 TOTAL $
Grand Total (Base and all Options/Travel) $
PART C: CONTRACT CLAUSES
C.1 FAR CLAUSES INCORPORATED BY REFERENCE
C.1.1 FAR CLAUSE 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS
(MAR 2015)
C.1.2 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (MAY 2015)
C.2 FULL TEXT FAR CLAUSES
C.2.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2015)
(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:
[Contracting Officer check as appropriate.]
_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).
_x_ (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 (June 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 2013) (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. (Aug 2013) (31 U.S.C. 6101 note).
_x_ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
_x_ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).
__ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
__ (10) 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).
__ (11) [Reserved] __ (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).
__ (ii) Alternate I (Nov 2011).
__ (iii) Alternate II (Nov 2011).
__ (13)(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_ (14) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)).
_ _ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (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.
_ _ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).
_ _ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).
__ (18) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
__ (19)(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.
__ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and
Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
__ (21) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct
2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15
U.S.C. 657 f).
_x_ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.
632(a)(2)).
__ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business
(EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).
__ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible
Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).
_x_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
_x_ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).
_x_ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
_x_ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
_x_ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).
_x_ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
_x_ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).
_x_ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)
(E.O. 13496).
_x_ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (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.)
___ (35)(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.)
___ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
_x_ (37)(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_ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011)
(E.O. 13513).
__ (39) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).
__ (40)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Nov 2012) (41 U.S.C.
chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103- 182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).
__ (ii) Alternate I (Mar 2012) of 52.225-3.
__ (iii) Alternate II (Mar 2012) of 52.225-3.
__ (iv) Alternate III (Nov 2012) of 52.225-3.
_x_ (41) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_x_ (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (43) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul
2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.
2302 Note).
__ (44) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (45) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42
U.S.C. 5150).
__ (46) 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)).
__ (47) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C.
2307(f)).
_x_ (48) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (49) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
___ (50) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332).
__ (51) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (52)(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:
[Contracting Officer check as appropriate.]
_ _ (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.).
_ _ (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) (41 351, 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) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O.13495).
__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-
247).
__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 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 (Jul 2013) (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) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(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, Employment Eligibility Verification (Aug 2013).
(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xiv) 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.
(xv) 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.
(End of clause)
C.2.2 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 prior to the end of the period of performance.
(End of Clause)
C.2.3 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 at any time within the period of performance, provided that the Government gives the Contractor a preliminary written notice of its intent to extend 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 five (5) years and six (6) months.
(End of clause)
C.2.4 52.219-18 -- NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A) CONCERNS
Notification of Competition Limited to Eligible 8(a) Concerns (June 2003)
(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA’s 8(a) Program and which meet the following criteria at the time of submission of offer --
(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and
(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.
(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause.
(c) Any award resulting from this solicitation will be made to the Small Business Administration, which will subcontract performance to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.
(d)
(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply in connection with construction or service contracts.
(2) Company XX will notify the OPS’ Contracting Officer, Kim L. Stepney, in writing at Stepney.Kim.L@dol.gov immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.
(End of Clause)
C.2.5 52.224-2 -- PRIVACY ACT (APR 1984)
(a) The Contractor agrees to --
(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies --
(i) The systems of records; and
(ii) The design, development, or operation work that the contractor is to perform;
(2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and
(3) Include this clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records.
(b) In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor is considered to be an employee of the agency.
(c)
(1) “Operation of a system of records,” as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records.
(2) “Record,” as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person’s name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph.
(3) “System of records on individuals,” as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.
(4) “Personally Identifiable Information (PII)” means information that can be used to distinguish or trace a person's identity, such as his or her name, social security number, or biometric records, that alone, or when combined with other personal or identifying information which is linked or linkable to a specific person, such as date and place of birth, or mother’s maiden name, etc.1 PII encompasses a broader range of records inclusive of those which are subject to the Privacy Act. The Privacy Act applies to records about “individuals” defined in that statute as citizens of the United States or aliens lawfully admitted for permanent residence.2 PII covers all human persons, regardless of whether the person is a citizen of the United States, legal permanent resident, or a visitor to the United States.
(5) “Breach” and “Privacy Incident”3 mean the loss of control, compromise, unauthorized disclosure, unauthorized acquisition, unauthorized access, or any similar situation where persons other than authorized users, and for other than authorized purpose, have access or potential access to Personally Identifiable Information, whether physical or electronic. These terms will both carry this meaning when used within this section.
(End of Clause)
C.2.6 52.237-3 CONTINUITY OF SERVICES (JAN 1991)
(a) The Contractor recognizes that the services under this contract are vital to the Government and must be continued without interruption and that, upon contract expiration, a successor, either the Government or another contractor, may continue them. The Contractor agrees to—
(1) Furnish phase-in training; and
(2) Exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor.
(b) The Contractor shall, upon the Contracting Officer’s written notice, (1) furnish phase-in, phase-out services for up to 90 days after this contract expires and (2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out services required. The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and shall be subject to the Contracting Officer’s approval. The Contractor shall provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency.
(c) The Contractor shall allow as many personnel as practicable to remain on the job to help the successor maintain the continuity and consistency of the services required by this contract. The Contractor also shall disclose necessary personnel records and allow the successor to conduct on-site interviews with these employees. If selected employees are agreeable to the change, the Contractor shall release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor.
(d) The Contractor shall be reimbursed for all reasonable phase-in, phase-out costs (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract.
(End of clause)
C.2.7 52.239-1 -- Privacy or Security Safeguards (Aug 1996)
(a) The Contractor shall not publish or disclose in any manner, without the Contracting Officer’s written consent, the details of any safeguards either designed or developed by the Contractor under this contract or otherwise provided by the Government.
(b) To the extent required to carry out a program of inspection to safeguard against threats and hazards to the security, integrity, and confidentiality of Government data, the Contractor shall afford the Government access to the Contractor’s facilities, installations, technical capabilities, operations, documentation, records, and databases.
(c) If new or unanticipated threats or hazards are discovered by either the Government or the Contractor, or if existing safeguards have ceased to function, the discoverer shall immediately bring the situation to the attention of the other party.
C.3 DEPARTMENT OF LABOR ACQUISITION REGULATIONS (DOLAR) CLAUSES:
C.3.1 CONTRACTOR ADVERTISING OF CONTRACT AWARD
The Contractor shall not refer to the product or service awarded under this contract in commercial advertising, as defined in FAR 31.205–1, in any manner which states or implies the Department of Labor's approval or endorsement of the product or service being provided; or, states or implies that the product or service being provided is considered to be superior to other industry products or services. The Contractor may request the Contracting Officer to make a determination as to the propriety of promotional material.
C.3.2. CONTRACTING OFFICER
The Contracting Officer for the contract will be determined at time of award.
C.3.3 TECHNICAL DIRECTION
Performance of the work under this contract shall be subject to the technical direction of the COR. The term “technical direction” is defined to include, without limitation, the following:
• Directions to the Contractor which redirect the contract effort, shift work emphasis between work areas or tasks, require pursuit of certain lines of inquiry, fill in details or otherwise serve to accomplish the contractual Performance Work Statement.
• Provision of information to the Contractor, which assists in the interpretation of drawings, specifications, or technical portions of the work description.
• Review and, where required by the contract, approval of technical reports, drawings, specifications, and technical information to be delivered by the Contractor to the Government under the contract.
Technical direction must be within the general Scope of Work stated in the contract. The COR does not have the authority to and may not issue any technical direction which:
• Constitutes an assignment of additional work outside the general Scope of Work of the contract.
• Constitutes a change as defined in the applicable contract clause entitled: FAR 52.243-2 “Changes - ” (AUG 1987) – Alternate 1 – (APR 1984); FAR 52.243-1 “Changes - Fixed Price” (AUG 1987) – Alternate 1 (APR 1984); or 52.243-3 “Changes – Time and Materials-Labor Hours” (SEP 2000).
• Changes any of the expressed terms, conditions, or specifications of the contract.
All technical direction shall be issued in writing by the COR or shall be confirmed by him/her in writing within 5 working days after issuance.
If, in the opinion of the Contractor, any instruction or direction issued by the COR is not within one of the categories as defined above, the Contractor shall not proceed but shall notify the Contracting Officer) in writing within 5 working days after the receipt of any such instruction or direction and shall request the CO to modify the contract, accordingly. Upon receiving such notification from the Contractor, the CO shall issue an appropriate contract modification or advise the Contractor in writing that, in his/her opinion, the technical direction is within the scope of this contract. The Contractor shall proceed immediately with the instructions or directions and shall be subject to the provision of the contract clause entitled “Disputes.”
C.3.4 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS CLAUSE (FEBRUARY 2014)
(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.
An original invoice shall be prepared and submitted to the Department of Labor (DOL) by email to:
DOL-NO-DM-OSEC@quickpay.dol.gov
(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 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 OCFOInvoiceInquiries@dol.gov. 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: 202-693-4851
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 Attn: Charleetta Smithers 200 Constitution Avenue, N.W Washington, DC 20210
C.3.4 ORGANIZATIONAL CONFLICT OF INTEREST
OCI-1 Exclusion from Future Agency Contracts (DEC 2012)
This clause supplements the FAR provisions on organizational conflicts of interest, located at FAR subpart
9.500 and should be read in conjunction with these provisions. To the extent there is any inconsistency or confusion between the two provisions, the FAR provision controls.
(a) Work under this contract may create a future organizational conflict of interest (OCI) that could prohibit the Contractor from competing for, or being awarded, future Government contracts.
The following examples illustrate situations in which organizational conflicts of interest may arise. They are not all inclusive, but will be used by the Contracting Officer as general guidance in individual contract situations:
(1) Unequal access to information. The performance of this contract may provide access to “nonpublic information,” which could provide the contractor an unfair competitive advantage in later solicitations or competitions for other DOL contracts. Such an advantage could be perceived as unfair by a competing vendor who is not given similar access to the same nonpublic information that is related to the future procurement action.
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