FTC-0623-23-ACQ-0050 RFQ 12 Sept 2023.pdf

Request for Quote

OFFICE FURNITURE PRODUCTS AND SERVICES

FEDERAL TRADE COMMISSION

Office of the Chief Administrative Services Officer

600 Pennsylvania Avenue, NW

Washington, DC 20580

SECTION 1

SOW

1.0 INTRODUCTION AND BACKGROUND

The Federal Trade Commission (FTC) is the only federal agency with jurisdiction to protect consumers and maintain competition in broad sectors of the economy. It enforces laws that prohibit business practices that are anticompetitive, deceptive, or unfair to consumers, and seeks to do so without impeding legitimate business activity. The FTC also educates consumers and businesses to encourage informed consumer choices, compliance with the law, and public understanding of the competitive process.

Through enforcement, advocacy, education, and policy work, the FTC protects consumers and promotes competitive markets both in the United States and around the world.

The FTC will evaluate and award a firm‐fixed price contract to procure design services and new furniture products, and installation services for the FTC New York Regional Office (NER), 1 Bowling Green, New York, NY 10004. Part of the NER suite will be under construction.

Therefore, this procurement shall include a two‐phase approach. Phase One provides removal and furniture relocation services to various spaces in the existing suite. Phase Two addresses the area under construction, therefore scheduling the delivery and installation of new furniture to the new space, along with relocating existing furniture products must be coordinated with the FTC project representative. Milestone dates will be provided to the vendor after the FTC obtains the official construction schedule, which will allow the vendor to coordinate the order of new products to avoid storage fees.

2.0 SCOPE OF WORK

Per Table ZZ, new furniture product consists of task, conference and guest chairs, conference and meeting tables, an A/V credenza, a desk, and systems furniture workstations.

All wood veneer products must have the same uniformed wood finish. Therefore, it is imperative to match the wood laminate surfaces with the wood veneer products. All workstations are keyed alike per station. The vendor shall provide all components, hardware, and parts necessary for proper assembly, installation, and operation. All products shall be manufactured as new. All items shall have the ability to be configured with commonly available tools. Any special tools required to assemble the product shall be provided at no cost to the Government. Used, reworked, or refurbished products are not acceptable. No items shall be discontinued at the time of order.

Product item descriptions including but not limited to quantity, functionality, and finish are noted in Attachment E Furniture, Fixtures, and Equipment (FF&E) specification sheets.

2.1 DESIGN SERVICES

The selected contractor shall assign a project designer to the project within 7 days of the award.

The project designer is responsible for translating the product offerings to furniture drawings to include installation drawings in compliance with building code requirements within 14 days of field verification and finish selection; the existing AutoCAD floor plan file is provided in the attachments.

The contractor shall schedule and conduct a site verification visit with the FTC, to ensure the architectural drawings accurately reflect existing conditions; any concerns that may affect the installation of furniture are to be reported to the FTC COR within 5 days following the site visit.

The contractor shall work with the FTC furniture team to develop solutions by way of product or redesign for areas of concern. The FTC will provide FTC Furniture team names and point of contact after the contract award.

The designer shall meet in person or virtually with the FTC furniture team to select fabrics and finishes to coordinate with the building standards and existing furniture finishes. Finish samples are to be provided in preparation for the finish review meeting to the FTC COR.

Any request to modify design/installation documents at a cost must be negotiated and approved, in writing, by the Contracts and Acquisition Management Office (CAM). No action on a requested change order shall be performed until a signed modification has been received by the vendor. Any design services performed outside the scope of work is at the contractor’s discretion and cost.

After order submittal, the contractor must provide the FTC COR a Bill of Materials (BOM) for order confirmation

2.2 CODES AND STANDARDS

The vendor shall ensure that all products and services comply with the following recognized national and international standards relevant to the design, manufacture and install of contract furniture:

International Standards Organization [ISO], Standard ISO‐9000 for compliance with total quality management standards in manufacturing practices and procedures.

International Standards Organization [ISO], Standard ISO‐14001 for compliance with the environmentally responsible practices and processes in manufacturing facilities.

American National Standards Institute [ANSI], Guidelines and certification for safe use of commercial and institutional furniture products.

Business and Institutional Furniture Manufacturers Association [BIFMA], Safety and Performance Standards, developed in conjunction with ANSI to provide regulatory oversight of the design and construction standards governing the manufacturing of commercial and institutional furniture product.

2.3 PHASE ONE

The contractor shall relocate or dispose of existing furniture items per Attachments C and D. The FTC will tag items for either relocation or disposal. All assembly and disassembly of furniture products will occur during normal duty hours.

Reference Section 6.0 General Responsibilities and Liabilities for additional requirements.

2.4 PHASE TWO – NEW PRODUCT

All furniture must be assembled, disassembled, disposed of, and delivered in accordance with a phasing plan. The vendor and the FTC Project Team will establish an installation schedule, which shall incorporate the restrictions due to furniture manufacturing and occupant work schedule. All assembly and disassembly of furniture products will occur during normal duty hours.

All Product deliveries and removals must occur during regular business hours and will be coordinated with the facilities loading personnel, the contractor’s representative, and the FTC.

Reference Section 6.0 General Responsibilities and Liabilities for additional requirements.

TABLE ZZ: List of new furniture products

TAG ITEM QTY

CH‐01 Task Chair 4

CH‐02 Conference Chair 20

CH‐03 Guest Chair 8

D‐01 Traditional Double Pedestal Desk 1

S‐01 A/V Credenza 1

T‐01 Conference Table 1

T‐02 Round Table 2

T‐03 Rectangular Table 1

WS‐01 Workstation 6'‐0" x 5'‐6" 10

WS‐02 Workstation 6'‐0" x 6'‐0" 4

3.1 POST-MOVE AND POST-INSTALLATION

Within twenty‐four (24) hours after completing product installation on each phase, representatives from the contractor’s project management and installation teams shall accompany the FTC furniture team on a punch‐list walkthrough inspection consisting of:

o Verification of the working condition of the furniture o Quality of installation o Quality and quantity of goods received o Development of punch‐list

The contractor shall provide a team of installers to correct minor deficiencies and make all minor adjustments as required for life safety or as required by the FTC furniture team. The vendor shall assume responsibility for correcting all outstanding deficiencies within fifteen (15) working days of furniture inspection. After each installed phase has been fully completed and inspected, the FTC will provide a written acceptance of the installation.

4.0 DELIVERABLES

The Vendor shall submit product brochures that include pictures of the product and/or color photos, finish samples, technical specifications materials and warranties for the product submitted for this procurement. The product information will be evaluated on the degree to which it demonstrates that proposed furniture conforms to the required specifications and meets the design characteristics described in Section 2.0.

Exceptions and/or Deviations

Provide a statement as to whether the quotation contains any exceptions or deviations from specifications or other provisions of this solicitation and describe and justify any such exceptions or deviations. If an item is non‐standard, e.g., a ‘special’, the vendor must note such item in the proposal.

DRAWINGS

The vendor shall provide plan view and isometric drawings to match the requirement in the attachments. The drawings shall identify any discrepancies between the product offered and requirements noted. The final and approved furniture componentry to include relocated items shall be incorporated into the existing AutoCAD drawing file, Attachment B, and provided to the

FTC COR at closeout in AutoCAD 2020 file version and PDF. All furniture components shall be individual blocks.

BILL OF MATERIALS (BOM)

The vendor shall provide a complete and accurate Bill of Materials (BOM) in PDF format to the FTC COR capturing but not limited to approved and installed product manufacturer, model, dimensions, options, finishes and quantity information.

5.0 PROJECT COORDINATION AND OVERSIGHT

5.1 TEAM

Project Manager

The awardee shall designate a project manager as the dedicated point of contact for all information and communications throughout the duration of the project. The project manager shall be knowledgeable and experienced in the type of services being provided per the SOW and shall have adequate time available to conduct the coordination duties required to meet the project schedule.

The project manager shall notify the FTC furniture team in writing within 24 hours of any problems encountered during manufacturing or installation that may adversely impact the completion of all installation requirements in accordance with required schedule.

The project manager shall check all manufacturers’ acknowledgements to ensure that the factory’s order is complete prior to shipment to confirm that the installation is on schedule and will not be delayed because of missing parts or an incomplete delivery.

The furniture installation services shall require the vendor’s project manager to coordinate the following processes for each phase:

o Pre‐installation meeting o Product delivery, installation, and the clean‐up o Product inspection and punch‐list o Punch‐list completion and acceptance

Project Designer

The vendor’s designer shall be responsible for all design services for product layouts contained in this Scope of Work.

Field Supervisor

The vendor shall provide an experienced field supervisor trained by the manufacturer in specialized methods of construction and certified by the furniture manufacturer. The field supervisor shall be responsible for site management, scheduling, coordination, and technical assistance with the FTC furniture team, as required throughout all phases of removal, disposal, and installation.

The field supervisor shall be responsible for confining their crew and work to the designated project areas and ensuring that installation personnel are identifiable.

The furniture installation services shall require the vendor’s field supervisor to be present for and coordinate the following processes:

o Pre‐installation meeting o Product delivery, installation, and the clean‐up o Product inspection and punch‐list o Punch‐list completion and acceptance NOTE: NY Regional facility is Union operated.

5.2 MEETINGS

Kick‐Off Meeting

The selected vendor shall be contacted by the Contracts and Acquisition Management Office (CAM) within five days of award notification to schedule the Project Kick‐off Meeting. The meeting will be held virtually to discuss the project requirements and introduce the project team.

Progress Meeting

The vendor’s project manager shall attend scheduled monthly virtual meetings to address design, production and installation status updates and issues.

Finish Selection Meeting

The vendor’s designer shall meet in person or virtually with the FTC furniture team to select fabrics and finishes to coordinate with the building standards and existing furniture finishes.

Finish samples are to be provided in preparation and record for the finish review meeting to the

FTC COR.

Pre‐Installation Meeting

A pre‐installation meeting shall be scheduled with the FTC team, project manager, field supervisor and appropriate installation personnel two weeks prior of the demolition and installation, to review:

o Planned approach for each space.

o Building trades coordination o Building trade and vendor team member responsibilities o Elevator availability o Space conditions o Delivery schedule

6.0 GENERAL RESPONSIBILITIES AND LIABILITIES

The contractor shall be responsible and liable for actions of personnel; the personnel shall be easily identifiable and confine their activities to the designated project site. All personnel may be required to sign in and out of the building daily, be subject to a security clearance, and must always have valid identification. The contractor must also provide a list of all installation personnel who will be on‐site during the installation with their full name and date of birth.

The contractor shall be responsible for site management, scheduling, site protection, and coordination with FTC representatives, as required throughout this contract. The contractor shall provide copies of their certificates of insurance as specified by the building managers, prior to starting work.

The contractor shall provide a field supervisor to maintain supervision on the premises whenever contracted personnel are on site to ensure proper conduct and all furniture is properly installed in accordance with all requirements within this statement of work.

All material handling vehicles (dollies, hand‐trucks, etc.) used in the interior of the facilities must have rubber‐tired wheels and must be free from grease and dirt. Proper measures such as protective runners, pads, corner wall protectors shall be utilized by the vendor’s installers to protect the building (elevators, walls, floors, etc.).

The contractor must ensure all employees possess all required licenses for operating vehicles used in performance of this contract. All vehicles used shall be properly state‐ registered, licensed, and insured prior to operating. The contractor must obtain proper parking permits and building access approvals where required.

Contractor shall be responsible for the following:

o Touch‐up of nicks and scratches on the furniture that may occur before, during, and after installation (up until final acceptance by ED) o Cleaning or replacement of all fabric marred before, during, and after installation (up until final acceptance by ED) o All undiscovered freight damages o All shipping and handling charges for replacement parts shall be paid by the contractor

Responsibility and liability for loss or damage shall remain with the contractor until final inspection and acceptance by the FTC.

The contractor shall clean up and remove all trash from the premises at the conclusion of the day. The contractor shall be held responsible for any damage to the building resulting from delivery, installation, and related work by installers and/or employees. Pre‐Installation Walkthrough is required, during which the vendor’s field supervisor and/or project manager will identify and document any existing damage to the site; daily inspections of the site for damage are also required and any findings documented in a checklist given to the project manager and/or the FTC furniture team

7.0 ATTACHMENTS

A. NEW SUITE FLOOR PLAN – PDF

B. THIRD FLOOR PLAN ‐ PDF

C. ENLARGED FLOOR PLANS – PDF

D. THIRD FLOOR AREA OF WORK PLANS PDF

E. FURNITURE, FIXTURES, AND EQUIPMENT SPECIFICATION SHEETS

SECTION 2

INSTRUCTIONS FOR SUBMISSIONS

A. Submission of Questions/Inquiries

Quoters shall submit their questions by electronic mail to Jose Jaldin, jjaldin@ftc.gov, no later than 10 AM EST, September 20, 2023. Please reference a page number when submitting questions. Questions/inquiries submitted after the cut-off date and time will not be considered or answered.

B. Quote Due Date/Time

Submit one (1) electronic copy of your quote directly via email by COB local time September 25, 2023. Quotes that are submitted late (i.e. after the date and time shown in the preceding sentence), incomplete, or at any location other than email will be considered to be late and will not be evaluated by the Government. E-mail transmission is not instantaneous and delays in transmission may occur anywhere along the route.

The Government takes no responsibility for any delays in the transmission of an e-mails.

C. General Information

The instructions herein provide specific guidance for preparing subject quote as well as instructions on the format and content of the quote to include all data and information requested. A quoter must comply with the requirements as stated herein. Any quotes that do not comply with the quote instructions may be considered non-compliant and not further evaluated.

The quote shall be clear, concise, and include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The quote should not simply rephrase or restate the Government’s requirements, but rather, shall provide convincing rationale to address how the Quoter intends to meet the requirements. Quoter shall assume that the Government has no prior knowledge of their facilities and experience. The Government will base the evaluation on the information presented in the quote. Do not submit elaborate brochures or documentation, binding, detailed artwork, or other embellishments. Each area shall contain a glossary of all abbreviations and acronyms used, with an explanation for each. Glossaries do not count against the page limitations. The Quoter shall clearly state in their quote cover letter that the quote is valid for 120 days from the quote due date. All price information shall be addressed ONLY in the price section, utilizing all discounts.

D. General Quotation Preparation Instructions

The following are general quotation preparation instructions:

• Do not incorporate promotional/marketing narratives into any aspect of your quote. This information will not be reviewed or evaluated and will only delay our evaluation process

• Submit using the specified electronic format

• Ensure the specified outlines/directions are followed

• Do not include references to public documents or web sites as part of your quote

• Adhere to the page limits for each submittal

E. Quotation Submission Requirements

Quotes shall be submitted as follows:

• Text - Text shall be at least single-spaced, with a minimum one-inch margins all around.

Pages shall be numbered consecutively. Pages submitted in excess of the page limitations stated throughout this document will be removed and not evaluated.

• Font Size - Print shall be of minimum 12-point font size spacing. Bolding, underlining, and italics may be used to identify topic demarcations or points of emphasis. Graphic presentations, including tables, while not subject to the same font size and spacing requirements, shall have spacing and text that is easily readable.

• Pricing Data – All pricing information shall only appear in the price section of the quote utilizing the pricing template provided.

• Submission – Text and graphics portions of the electronic copies shall be in a format readable by Microsoft (MS) Office 2016, MS Word 2016. Data submitted in spreadsheet format shall be readable by MS Office 2016, MS Excel 2016. Concerning MS Excel, formulas used in the calculation of any cells must be shown and not password protected.

• All Price information shall be in separate files/attachments from Technical Section and utilize the pricing templates provided.

A full and complete quote would address all the requirements listed in this solicitation and include the following:

Proposal Components

Section Section Name

Sections and Content Page Limit

1 Technical The quote shall address how the quoter will meet or exceed the requirements in Section 1

No more than 10 pages total

2 Price Cover letter GSA Schedule information Identification and contact information of those authorized to obligate/negotiate on behalf of the company

Complete Pricing Schedule

No page limit

Technical Quote

The Quoter shall provide:

• A technical approach to fulfill requirements of the scope of work

• Cover letter

• GSA schedule information

• Identification and contact information of individuals who can obligate and negotiate on behalf of your firm

Price Quote

The information contained in the Quoter’s price section shall contain the following:

• Complete pricing submitted on the attached spreadsheet

F. EVALUATION METHODOLOGY FOR AWARD

The Government intends to make award to the Quoter whose quote is the lowest price deemed technically acceptable.

The FTC will review the price quoted. If found technically acceptable, but the prices are not in accordance with a quoter’s GSA schedule, the government reserves the right to enter into negotiations.

SECTION 3

CLAUSES, PROVISIONS, AND TERMS & CONDITIONS

All provisions and clauses of GSA Schedule Contracts shall apply to any resultant order.

FTC Specific Clauses

1152.201-90 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

CONTRACTING OFFICER’S REPRESENTATIVE (DEC 2015)

The contractor may accept technical direction, during the period of performance from the Contracting Officer’s Representative (COR), providing such direction is within the scope of the contract/order.

(a) The COR is not authorized to change the scope of work as stated in the contract/order or obligate the Government (FTC) in any way. The Contracting Officer is the only agent for the FTC who has the authority to obligate the FTC or change the contract/order terms and conditions. Any such revision or obligation shall be authorized in writing only by the Contracting Officers. Any monies incurred beyond the dollar amount specified in this contract/order or its modifications may not be paid and does not warrant interest payments as offered under the Prompt Payment Act.

(b) COR Responsibilities: A Contracting Officer’s Representative, (COR) has been named herein. The COR is responsible for:

(1) monitoring the contractor’s technical progress, including the assessment of performance and recommending to the Contracting Officer changes in scope of work, contract/order schedules and/or specifications to meet changes in requirement;

(2) advising on technical matters within the scope of work;

(3) performing technical evaluation as required;

(4) performing technical inspections and acceptances required by this contract/order;

and

(5) assisting the contractor in the resolution of technical problems encountered during performance.

(END)

1152.203-90 FTC NON-DISCLOSURE

FTC NON-DISCLOSURE AGREEMENT (DEC 2015)

The unauthorized use of Federal Trade Commission files or information contained therein is a violation of the Federal Criminal Code and is punishable by a fine of up to $10,000 imprisonment of up to ten years, or both. The Contractor agrees to have each person who uses the materials relating to this contract/order execute the "NONDISCLOSURE AGREEMENT FOR CONTRACTORS" attached hereto and return these documents to the Contracting Officer.

1152.203-91 ORGANIZATIONAL AND INDIVIDUAL CONFLICTS OF

INTEREST

ORGANIZATIONAL AND INDIVIDUAL CONFLICTS OF INTEREST (APR

2011)

1. Applicability (see Federal Acquisition Regulation 9.502(c)): An organizational conflict of interest may result when factors create an actual or potential conflict of interest on an instant contract, or when the nature of the work to be performed on the instant contract creates an actual or potential conflict of interest on a future acquisition.

In the latter case, some restrictions on future activities of the contractor may be required.

The same considerations apply when the Contractor is an individual, rather than an organization.

2. The Federal Trade Commission (FTC or Commission) has determined that this Contract could result in an actual, potential, or perceived Organizational or Individual Conflict of Interest. Specifically, work performed under this Contract could cause the Contractor to have to recuse itself, its subcontractor, or its firm from any actual, anticipated, or potential litigation or other matter in which the FTC has an interest, including, but not limited to, any FTC rulemaking, law enforcement investigation, Part 3 adjudicative (administrative) proceeding before the Commission, Federal court litigation, appeal, etc.

3. The Contractor hereby represents that:

1. There are no actual, potential, or perceived conflicts of interest; or

2. There are actual, potential, or perceived conflicts of interest, but the conflict(s) can be avoided, neutralized or mitigated.

4. If the Contractor represents that there are actual, potential, or perceived conflicts of interest, the Contractor must identify the conflicts and submit a written plan to avoid, neutralize, or mitigated said conflicts of interest prior to beginning work.

5. The final decision as to the acceptance of the proposed plan to avoid, neutralize or mitigate any conflicts of interest rests with the Contracting Officer, after consulting with relevant FTC staff and officials. If the plan is deemed unacceptable, the FTC, in its sole discretion, may determine to waive the conflict where the public interest sowarrants.

6. If conditions change during contract performance that affect the Contractor’s conflict of interest assertion, the Contractor shall inform the Contracting Officer immediately of the change, and shall comply with the requirements of paragraph (d) above. Failure of the Contractor to comply in a timely manner with the requirement of this paragraph to notify the Contracting Officer, or the requirement of paragraph (d) to submit a proposed plan, shall be grounds for termination of the contract. The Government may deny any claim for payment for all or any portion of work performed by the Contractor, whether under this Contract or any other FTC contract, to the extent that such work, in the FTC’s sole judgment, is rendered unusable or otherwise unfit for the purpose it was required by the FTC, due to a conflict of interest that the Contractor failed to report or mitigate as required by this Contract.

7. The Contractor shall insert the above conditions in each first tier subcontract, which shall be made binding on each such subcontractor.

1152.204-90 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS

CONTRACTOR EMPLOYEE SECURITY REQUIREMENTS (DEC 2015)

**SPECIAL NOTICE** - Contractor Orientation takes place on Wednesdays only. It is the CORs responsibility to coordinate with the FTC Administrative & Security staff and work with the Contractor to ensure that all contractor personnel are sent through orientation.

GENERAL

The Federal Trade Commission (FTC) has determined that because this contract may require access to Federally controlled facilities, access to controlled unclassified information (CUI) and/or logical access to FTC Information Technology (IT) resources, the Contractor shall pre- screen all candidates designated for employment to perform work under this contract prior to their Entry on Duty (EOD) with the FTC to verify their compliance with minimum security fitness requirements.

Pre-screening will include, but not be limited to, the use of Employment Eligibility Verification (E-Verify), the Office of Personnel Management (OPM) Central Verification System (CVS), and validation of the date of birth and the Social Security Number of the person/candidate prior to EOD. See Employment Eligibility section below. For those individuals requiring access, the contractor will forward all of this information to the FTC Personnel Security Unit (PSU), which will make the determination of suitability for such individuals.

SUITABILITY (FITNESS) DETERMINATION

The FTC shall have and exercise full control over granting, denying, withholding or terminating access to Federal controlled facilities, access to CUI and/or logical access to FTC IT resources based upon the results of a background investigation. The FTC may, as it deems appropriate, authorize and make a favorable EOD decision based on preliminary security checks. The favorable EOD decision would allow the employees to commence work temporarily prior to the completion of the full investigation. The granting of a favorable EOD decision shall not be considered as assurance that a full suitability authorization will follow. The granting of a favorable EOD decision or a full suitability determination shall in no way prevent, preclude, or bar the withdrawal or termination of any such access by the FTC, at any time during the term of the contract.

No employee of the Contractor performing work under the contract (Contractor Employee) shall be allowed EOD and/or access to sensitive information or systems without a favorable EOD decision or suitability determination by the PSU. No Contractor Employee shall be allowed unescorted access to an FTC facility without a favorable EOD decision or suitability determination by the PSU. Contractor Employees who do not need access to Federally controlled facilities, access to CUI and or logical access to IT resources will not be subject to suitability screening.

BACKGROUND INVESTIGATIONS

The Position Description provided by the Contracting Officer Representative (COR) for Contractor Employees shall undergo a Position Risk Designation (PRD) based on the duties each individual will perform on the contract. The results of the PRD shall identify the appropriate background investigation to be conducted. Background investigations will be processed through the FTC PSU.

Prospective Contractor Employees with prior favorable fitness or suitability determinations and/or security clearances (as appropriate) may be granted reciprocal recognition, to the extent practicable, when in the PSU’s sole discretion, it is determined that the prior determination or clearance meets or exceeds that which is required by the position. All Contractor Employees including any replacements or additions shall submit to fingerprinting and complete and provide the following pre-screening security forms no less than 15 business days before the starting date of the contract or 15 business days prior to the expected EOD:

1. Resume

2. Completed Credit Form – FCRA-gov

3. Completed Authorization for Release of Information – FTC 429

4. Completed Declaration for Federal Employment – OF 306

Required forms will be provided by the FTC at the time of award of the contract or upon identification of new individuals to be added to the Contractor’s workforce. Only complete packages will be accepted by the PSU. Specific instructions on submission of packages will be provided upon award of the contract. Such records shall be maintained in accordance with the Privacy Act of 1974, 5 U.S.C. 552a.

The FTC PSU may not be able to complete a satisfactory background investigation for prospective Contractor Employees who have not resided in the US for three of the past five years or who have not registered with the Selective Service, if required. In such cases, the FTC retains the right to deem a prospective Contractor Employee as ineligible to perform work under this contract due to insufficient background information.

CONTINUED ELIGIBILITY

If a prospective Contractor Employee is found to be ineligible for access to Federally controlled facilities, CUI, or FTC IT resources, the COR will advise the Contractor that the person shall not continue to work or to be assigned to perform any work under the contract requiring such access. The PSU will perform annual fingerprinting and appropriate reinvestigation on all Contractor Employees.

The FTC reserves the right and prerogative to deny and/ or restrict access to Government facilities, access to CUI and/or logical access to IT resources for any Contract Employee whose actions are inconsistent with or conflict with the standards of conduct that apply to Government employees, 5 CFR 2635 and 5 CFR 5701 Subpart 5.2, or whom the FTC determines to present a risk of compromising CUI to which he or she would have access under this contract.

The loss of any FTC-issued identification card or building pass must be immediately reported to the COR. The report must include the pass or card number, name of the individual to whom issued, and the last known location and disposition of the card or pass. Likewise, the loss of any FTC materials or information, and any lost device or equipment, including any device or equipment containing any personally identifiable information (PII), must be immediately reported to the COR and to the FTC Help Desk at (202) 326-3500 (24 hours, 7 days a week).

Failure to comply with these requirements may result in revocation of the Contractor Employee’s continued eligibility to perform work under this contract.

The Contractor will formally report immediately to the PSU through the COR any adverse information coming to their attention concerning Contractor Employees.

Reports based on rumor or innuendo should not be made. The subsequent termination of employment of a Contractor Employee does not obviate the requirement to submit this report. The report shall include the employee’s name and Social Security number, along with the adverse information being reported.

The PSU must be notified of all terminations/ resignations within five days of occurrence. The Contractor will return all FTC-issued identification cards, equipment and building passes, for Contractor Employees, as well as all FTC materials and information that terminated employees may have in their possession, to the COR. The COR will return the identification cards and building passes to the responsible PSU.

EMPLOYMENT ELIGIBILITY

The Contractor agrees that each Contractor Employee shall have successfully passed the

FTC E- Verify program operated by United States Citizenship and Immigration Services (USCIS) to establish work authorization.

The Contractor must record and retain the case verification number (obtained after closing a case upon completion of the search/verification) written on or attached to the I-9, which must be made available for inspection if requested by an authorized FTC or other authorized U.S. Government official.

The Contractor agrees that each Contractor Employee working on this contract shall have a Social Security Card issued and approved by the Social Security Administration.

The Contractor shall be responsible to the Government for the acts and omissions of its own employees and those of its Subcontractor(s) and their employees.

Subject to existing law, regulations and/ or other provisions of this contract, illegal or undocumented aliens shall not be employed by the Contractor, or under this contract.

The Contractor shall ensure that this provision is expressly incorporated into any and all Subcontracts or subordinate agreements issued in support of this contract.

SECURITY MANAGEMENT

The Contractor shall provide a point of contact (individual) to work with the FTC PSU.

This individual will interface with the PSU on all security matters, to include physical, personnel, and protection of all Government information and data accessed by the Contractor.

The COR and the PSU shall have the right to inspect the procedures, methods, and facilities utilized by the Contractor in complying with the security requirements under this contract. Should the COR determine that the Contractor is not complying with the security requirements of this contract; the Contractor will be informed in writing by the Contracting Officer of the proper action to be taken in order to effect compliance with such requirements.

INFORMATION TECHNOLOGY

When CUI is processed using any telecommunications or automated information systems under this contract, the Contractor agrees to provide for the administrative, technical, and physical control of such data and to adhere to the IT security, privacy and confidentiality procedures governing such data including, but not limited to, those outlined in the FTC Non-Disclosure Agreement for Contractors (FTC Form X-033).

Contractors who fail to comply with FTC IT security policy are subject to having their access to FTC IT systems and facilities terminated, whether or not the failure results in criminal prosecution. Any person who improperly uses, handles, or discloses protected information may be subject to criminal and civil penalties and sanctions under a variety of laws (e.g., Privacy Act of 1974, FTC Act).

INFORMATION TECHNOLOGY SECURITY TRAINING AND OVERSIGHT

All Contract Employees using FTC automated systems will be required to complete the annual basic FTC Security and Privacy Awareness Training, regarding security and privacy risks and vulnerabilities, accepted security practices, and system rules of behaviors. This training will be provided by the appropriate component of the FTC prior to the contractor entry date. Contractors using non-FTC systems to process FTC data under this contract must also provide security awareness training to their employees working on this contract.

Contractors involved in supporting the management, use, or operation of FTC IT systems, or, with any other significant security responsibilities, shall receive additional specialized training specific to their security responsibilities annually. The level of training shall be commensurate with the individual’s duties and responsibilities and is intended to promote a consistent understanding of the principles and concepts of telecommunications and IT systems security.

All personnel who access FTC information systems will be continually evaluated while performing these duties. Supervisors should be aware of any unusual or inappropriate behavior by personnel accessing systems. Any unauthorized access, sharing of passwords, or other questionable security procedures shall be reported immediately to the PSU and the Information Assurance Manager (IAM).

APPLICABILITY TO SUBCONTRACTORS

The foregoing Contractor Employee Security Requirements shall also apply to all Subcontractors and their respective employees retained by the Contractor to perform work under this contract.

The Contractor shall incorporate these provisions into their contracts with, or shall otherwise ensure that these provisions are made legally binding on, such Subcontractors.

Failure of the Contractor to ensure compliance with these requirements by its Subcontractor(s) shall constitute grounds for contract termination.

ADDITIONAL CONTRACT REQUIREMENTS

Contractor information systems subject to the Federal Information Security Management Act of 2002 (FISMA). All agency information systems, see 44 U.S.C.

3505(c), operated by or on behalf of the Government by a Contractor or subcontractor containing Federal data shall be subject to the requirements of the FISMA, including routine testing without advance notice to or approval of the Contractor or its subcontractors. See 44 U.S.C 3544(b).

HANDLING OF THIRD-PARTY REQUESTS FOR ACCESS TO RECORDS

In the event that the Contractor receives any subpoena or other voluntary or mandatory request for access to data first produced under this Contract, the Contractor shall immediately notify the COR and the CO, so that the Government may intervene or take any other steps it deems necessary to protect its interests.

DATA BREACHES

As part of the requirement explained elsewhere in this document for the contractor to comply with all contractual and Federal information security, privacy and confidentiality requirements applicable to the operation, maintenance or support of a Federal information system, the contractor shall be required to to prevent and remedy data breaches and to provide the FTC with all necessary information and cooperation, and to take all other reasonable and necessary steps and precautions, to enable the FTC to satisfy its data breach reporting duties under applicable law, regulation, or policy in the event, if any, that a breach occurs. Special attention should be paid to OMB Memorandum 06-19 (July 12, 2006), particularly the extremely urgent reporting time frames included therein for certain breaches, as well as to any other subsequent laws, regulations, or policy governing data breaches that may arise during the performance of the contract. The Information System Security Plan required elsewhere in this document shall include policies and procedures necessary to ensure the timely detection of and reporting to the FTC of data breaches, as well as safeguards to prevent and mitigate the risk of, as well as to remedy, such breaches, if any.

Use of FTC computer equipment by contractors is limited to what is necessary to accomplish the work identified under the contract. All contractors or his/her employees or subcontractors are subject to Internet access monitoring and auditing, and discoveries of inappropriate internet access or activity not directly related to the contract, will be reported to the COR and CO, and the contractor shall be held in default of the contract.

Contractors or his/her employees or subcontractors found accessing inappropriate web sites while using an FTC computer, may be grounds for initiating disbarment procedures.

1152.205-90 RELEASE OF INFORMATION

RELEASE OF INFORMATION (DEC 2015)

No FTC data shall be divulged to any unauthorized person for any purpose. The contractor shall clear with the Contracting Officer any public release of information on this contract/order, to include news stories, articles, sales literature, advertisements, radio-TV spots, etc. Any request for public release of information should be addressed to:

Federal Trade Commission

Office of Public Affairs News Director 600 Pennsylvania Avenue NW Washington

DC 20580

(END)

1152.211-90 FTC OBSERVANCE OF LEGAL HOLIDAYS - FACILITY

CLOSURES FTC OBSERVANCE OF LEGAL HOLIDAYS – FACILITY

CLOSURES

(DEC 2015)

The Federal Trade Commission observes the following days as holidays: New Year’s Day, Martin Luther King’s Birthday, Washington’s Birthday, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day designated by Federal law, Executive Order, or Presidential Proclamation.

When any such day falls on a Saturday or Sunday, the preceding Friday or the following Monday is observed, respectively.

1152.224-90 SPECIAL PROTECTIONS FOR SENSITIVE INFORMATION –

EXPERTS AND CONSULTANTS

SPECIAL PROTECTIONS FOR SENSITIVE INFORMATION – EXPERTS

AND CONSULTANTS (APR 2011)

(a) Definitions. For purposes of these requirements, the following definitions apply:

1) “Information” includes any records, data, or other information that is: provided or made available to the Contractor by the FTC; provided or made available on the FTC’s behalf to the Contractor by a non-FTC party; created, compiled, generated, collected, or maintained for the FTC to the extent it is first produced in the performance of this contract; or delivered to the FTC under this contract, other than limited rights data or restricted computer software, see Federal Acquisition Regulation (FAR) 27.402-2.

2) “Personally Identifiable Information” (PII). The term PII, as defined by the Office of Management and Budget in Memorandum 07-16 issued May 22, 2007, refers to information which can be used to distinguish or trace an individual’s identity, such as their name, Social Security Number, biometric records, etc. alone, or when combined with other personal or identifying information which is linked or linkable to a specific individual, such as date and place of birth, mother’s maiden name, etc.

3) “Sensitive Personally Identifiable Information” (Sensitive PII) refers to the following information, whether in paper, in electronic form, or communicated orally:

i. An individual’s Social Security Number (SSN), Sensitive Health Information, or a Biometric Identifier; or

ii. An individual’s name or address or phone number in combination with one or more of the following: date of birth; driver’s license number or other state identification number, or foreign country equivalent; military identification number; passport number;

financial account number; or credit or debit card number.

4) “Sensitive Health Information” (SHI) includes medical records and other individually identifiable health information, whether on paper, in electronic form, or communicated orally. SHI relates to the past, present, or future physical or mental health or condition of an individual, the provision of health care to an individual, or the past, present, or future payment for the provision of health care to an individual.

5) “Biometric Identifier” Biometric Identifier means a measurable anatomical, physiological, or behavioral characteristic collected or used for purposes of automated identity verification or other types of authentication. Typical examples of Biometric Identifiers are: fingerprints; palm prints; iris and retina scans; facial characteristics; and signature and voice dynamics. All Biometric Identifiers are treated as Sensitive Information, except for photographs (e.g., driver’s license photographs), voice recordings (e.g., undercover tapings), and signatures, standing alone. However, a database of photographs and corresponding analyses by facial recognition software are Sensitive Information. Likewise, voice recordings and signatures that are captured in a database so that they can be analyzed and used to verify a person’s identity or check against other entries within the database (e.g., to authenticate that a particular person has access rights to a building or computer system) are Sensitive Information.

6) “Other Sensitive Information” means information filed with the FTC or the Department of Justice pursuant to the premerger notification provisions of the Hart- Scott-Rodino Act, 18 U.S.C. 7A(h), information subject to any in camera or protective order issued in any administrative or judicial proceeding, and any other confidential or sensitive information provided or made available to the Contractor by the FTC directly, or from a non-FTC party on behalf of the FTC, as identified and designated in writing to the Contractor by the Contracting Office Technical Representative (COTR).

7) “Sensitive Information” shall refer collectively to the categories of information defined in paragraphs (a)(3), (4), (5) and (6) of this provision.

i. Protecting Sensitive Information: General Provisions.

Contractor is required to follow the FTC policies and procedures incorporated by reference in this provision or attached to this contract for the protection of Sensitive Information, and any superseding or supplemental policies and procedures that may be subsequently incorporated into the contract or attached hereto. These requirements shall govern the Contractor’s handling of such information when performing work for the FTC on-site and off-site (i.e., storage, transfer and shipping, traveling, sharing, disposal, and breach reporting). Contractor shall further ensure that its own data shall not be commingled with, and shall remain logically and physically separate from, Sensitive

Information provided by or specifically compiled, created, stored, or processed for the FTC, except as needed on a temporary basis to carry out the analysis required by the contract and such commingled data shall not be stored or saved. Further, such Sensitive

Information shall not be used for any purpose other than to carry out the Contractor’s obligations under the contract. All policies and procedures for safeguarding Sensitive PII or SHI incorporated into this contract or any modifications thereto shall apply to all Sensitive Information as defined by paragraph (a)(7) of this provision.

(c) Ensuring the Secure Use of Non-FTC Electronic IT Equipment. To provide further protection for Sensitive Information, the following conditions shall apply to the Contractor’s use of non-FTC electronic IT equipment.

(1) Prohibition on connecting unauthorized non-FTC portable electronic storage devices (PESDs), Mobile Wireless Devices (MWDs), or other non-FTC equipment to FTC networks or computers. To protect FTC systems from the introduction of unauthorized software, viruses, and other threats, the Contractor shall not connect any non-FTC PESD or MWD (e.g., thumb or key chain drives, external hard drives, or other equipment with electronic storage or communications capability, such as digital cameras, personal digital assistants, portable digital music players, mobile phones, BlackBerrys), any laptop, or any other non-FTC equipment, to any FTC network or computer, except where expressly authorized by the terms of the contract, or by the COTR, after obtaining approval from the FTC’s Chief Information Security Officer

(CISO).

(2) Limitations on using non-FTC PESDs or other non-FTC equipment to store, ship or transfer Sensitive Information. The Contractor shall not use any non-FTC PESD, MWD, or other non-FTC equipment (e.g., non-FTC laptops or desktop computers) to store, ship or transfer Sensitive Information, except where expressly authorized by the terms of this contract or by the COTR, with approval of the CISO. The FTC, in its discretion, may instead make FTC-approved equipment available to the Contractor for this purpose. In addition, Contractor shall not use any (FTC or non-FTC) PESD, MWD, or other non- FTC equipment to store, ship or transfer Sensitive Information in unencrypted form, except as expressly authorized by the terms of this contract, including any applicable policies or procedures that have been incorporated into or attached to this contract. Such policies and procedures permit the COTR, in certain circumstances, to grant exceptions to encryption requirements for Sensitive PII; those requirements and the COTR’s authority to grant exceptions shall extend to all Sensitive Information as defined by this provision.