FINAL_Combined Posting_Wellness_JF_0201010.pdf

OPM10-10-R-0002

This is a combined synopsis/solicitation for a commercial service prepared in accordance with Federal Acquisition Regulation (FAR) Subpart 12.102 (g) and with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; Technical and Price Quotations are being requested and a written solicitation will not be issued.

The Solicitation number is: OPM10-10-R-0002 and is issued as a Request for Quotations (RFQ). This solicitation document incorporates all mandatory commercial item provisions and clauses that are in effect through Federal Acquisition Circular (FAC) 2005-38 dated January 11, 2010.

The North American Industrial Classification System (NAICS) code is 525120, and the small business size standard is $7.0 million. This procurement is unrestricted, allowing both large and small business to submit quotations.

Worksite health and wellness programs have proven effective at improving the health of employees, lowering overall health care costs, reducing absenteeism, and improving employee morale and productivity. Comprehensive health and wellness programs have resulted in returns on investment averaging $3 benefit for every $1 in cost.

Worksite health and wellness programs across the federal government vary in scope;

however, few, if any, could be considered at a comprehensive level that would constitute best practice. The Office of Personnel Management has been directed by the President to develop worksite wellness models for the federal workforce that is on par with best practice in the private sector.

This document describes the development of a Prototype A site at a federal ‘campus’ in Washington, D.C. involving employees from the Office of Personnel Management, General Services Administration, and Interior Department working in the buildings located between 18th and 20th streets Northwest.

OPM intends to award one Firm-Fixed Price contract to the offeror that represents the best value to the government. The contract will be for a period of three years (one base year plus two (2) one-year option periods). The base period is anticipated to be April 5, 2010 – April 4, 2011. Funding for the base year is subject to the availability of Fiscal Year 2010 funds.

Offerors shall be required to provide a written proposal. Written quotations shall be comprised of two volumes, with an original and fifteen (15) copies each, which shall be submitted to the Contract Specialist by 3:00 PM Eastern Standard Time (EST), February 24, 2010 to the address set forth below. Volume I shall provide technical evaluation factors 1-4, to be limited to a maximum of 90 pages, Times New Roman-11

pt. font minimum, and one inch margins on all sides. Volume II shall provide the price/cost evaluation for the level of effort proposed in completing the work as indicated in the Statement of Objectives.

Please send quotations to:

U.S. Office of Personnel Management Attn: John R. Dismond/Vito Bertucci Contracting Group, FSC 1900 E Street, NW, Room 1342

Washington, DC 20415-0001

Only e-mailed requests for additional information will be accepted at Wellness@opm.gov through 3:00 PM, EST, February 11, 2010. Note that communications with other officials may compromise the competitiveness of this acquisition and result in the cancellation of the requirement.

Vendors not registered in the Central Contractor Registration (CCR) database and not registered in the VETS-100 database at the time the requirement is anticipated to be awarded December 31, 2009, will not be considered. Vendors may register with CCR by calling 1-888-227-2423 or (269) 961-5757, or by accessing www.ccr.gov. Vendors may register with VETS-100 by accessing https://vets100.vets.dol.gov/.

mailto:Wellness@opm.gov http://www.ccr.gov/

STATEMENT OF OBJECTIVES

1. BACKGROUND:

Worksite health and wellness programs have proven effective at improving the health of employees, lowering overall health care costs, reducing absenteeism, and improving employee morale and productivity. Comprehensive health and wellness programs have resulted in returns on investment averaging $3 benefit for every $1 in cost.

Worksite health and wellness programs across the federal government vary in scope;

however, few, if any, could be considered at a comprehensive level that would constitute best practice. The Office of Personnel Management has been directed by the President to develop worksite wellness models for the federal workforce that is on par with best practice in the private sector.

On May 12, 2009, President Obama met with CEOs from several major corporations to discuss their initiatives to improve employee health and reduce health care costs through worksite wellness and other initiatives. Following this meeting, he requested that the Office of Personnel Management, Office of Management and Budget, National Economic Council, and the Department of Health and Human Services explore the development of similar programs for the federal workforce.

A five-part initiative has been developed by the agencies named above. It includes:

Activities by the President and agency heads to creature a culture of wellness for federal employees;

The development of prototype health and wellness programs at several locations to serve as models for comprehensive worksite wellness programs to be implemented across federal worksites;

Improving access to healthier food choices , fitness facilities and increasing physical activity opportunities at Federal workplaces by expanding farmer’s markets, increasing educational opportunities for employees, enhancing cafeteria contracts to support healthier choices and improving access to a variety of fitness opportunities;

Modernization of the Federal Employee Health Benefit Program to ensure consistency with the President’s health reform goals, including prevention, wellness, and cost reduction; and, Establishing standardized agency and individual employee incentives to promote health and wellness.

This document covers the second point (the development of prototype worksite wellness programs) though it is worth noting that other aspects of this initiative (e.g., employee incentives) are integral to the success of these prototypes and, where relevant, will be discussed.

The interagency planning group has agreed to develop two prototypes:

Prototype A - these sites will have comprehensive health and wellness programs

(staffed by nurses, health promotion specialists, physicians and other health professionals) that emulate many of the successful private sector programs and represent a significant advancement over the wellness programs offered in most federal agencies; and, Prototype B – these sites will have the same set of primary prevention services as Prototype A plus the addition of certain clinical services overseen by full time physicians, nurse practitioners or physician assistants who will be able to provide additional preventive screenings, diagnoses, and treatment interventions with close communication with any existing primary care providers the employee may have.

This document describes the development of a Prototype A site at a federal ‘campus’ in Washington, D.C. involving employees from the Office of Personnel Management, General Services Administration, and Interior Department working in the buildings located between 18th and 20th streets Northwest.

2. SCOPE:

The service specifications (Attachment 1) provide information on the services to be provided. The service categories include:

Health risk appraisal with feedback Health coaching or counseling Nutrition education and weight management Physical activity program Tobacco cessation Stress management Chronic disease management Prenatal and lactation support Work-related physical exams Immunizations and routine injections Allergy shots and other routine injections Symptomatic treatment and routine urgent care EAP and behavioral health services Coordination with primary care provider Internet-based health education programs Other worksite health promotion programs Healthy worksite environment

These services may be provided by a single contractor or by a primary contractor with subcontractors. The initial contract is for a three year period (base year plus two (2) one-year option periods), after which time it will be re-competed. This project, as well as other aspects of this initiative, will be rigorously evaluated.

These services are to be provided at the worksites of the three agencies. The target group is the approximately 5000 federal employees who work in these locations. While some subgroups may receive more services than others and participation is voluntary, the expectation is that all employees will be able to access the majority of these services.

3. GOVERNMENT FURNISHED MATERIAL/INFORMATION:

The contractor will expand the current set of worksite wellness services provided by the three agencies mostly by complementing rather than replacing current service providers.

The agencies will provide space for the contractor to provide services and will collaborate with the service provider through joint programming and communications.

Those services currently provided in the three agencies include:

Minimal prenatal and lactation support Limited work-related physical exams Limited immunizations, allergy shots and other routine injections Symptomatic treatment and routine urgent care EAP and behavioral health services Limited worksite health promotion programs Limited healthy worksite environment Limited fitness instruction

Though these services are provided to varying degrees within the three agencies, the level of services in most cases does not meet the level described in the service specifications.

The contractor shall be required to use the health units and fitness facilities available in the three agencies:

OPM has a health unit that has recently been refurbished. By Spring, 2010, OPM will renovate 750 square feet for a group exercise room (e.g., pilates instruction).

OPM is considering the development of a full fitness center later in 2010 or early 2011. The health unit is staffed by a registered nurse, who is a full time OPM employee, and a part time nurse and physician through an interagency agreement with Federal Occupational Health. Group exercise programs are provided by credentialed OPM employee volunteers on a part time basis.

The General Services Administration has a fitness center and a health unit. The fitness center is available to employees for their use but is not staffed. Some group exercise instruction is provided by contracted staff. The health unit is staffed by a nurse and a physician through an interagency agreement with Federal Occupational Health.

The Department of the Interior has a health unit and a fitness center (which includes a full court basketball court). The health unit is staffed by a nurse and part time physician through an interagency agreement with Federal Occupational Health. The fitness center is staffed by a full time fitness instructor whose position is funded through an agreement between the Department of Interior and the Employee Recreation Society (funded by employee membership fees).

Additionally, one or more of the agencies will make available suitable office space for staff not based in the health units or fitness centers, such as health promotion specialists, dieticians, and administrators. Other than providing space to work and use of equipment (including computers, medical and laboratory) and facilities currently available, the agencies will not provide consumable medical, or laboratory supplies or additional medical and laboratory equipment.

Attachments 2 and 3 include a breakdown of agency populations by age and gender as well as floor plans for the health units and fitness facilities.

4. SUMMARY OF REQUIREMENTS:

4.1 Provide the services described in the services specification and achieve the yearly performance objectives with a start date no later than April 5, 2010.

4.2 Integrate with existing agency staff and coordinate programs and communications such that there is a seamless, coordinated program offered to employees.

4.3 Provide a program plan by the end of the second month of the contract that provides detail of the specific programs, interventions, communications, and recommended non-monetary incentive strategies for the initial contract period and the following two years.

This plan will be based on a thorough understanding of employee needs. The exact form and content will be agreed by the participating agencies and the contractor.

4.4 Provide monthly, semi-annual, and annual reports to the agencies involved that at a minimum cover activities in the various program areas, resource expenditures, and any issues that require attention. The exact format and content of the reports will be agreed by the participating agencies and the contractor.

4.5 Fully cooperate in the evaluation of the project by supplying data in the format requested and granting time for interviews.

4.6 Provide confidential feedback to employees on their progress. As described in the service specification, this will ultimately be in the form of a personal health record.

4.7 Adhere to all applicable laws and regulations to include the Privacy Act, HIPAA, GINA, and similar requirements.

4.8 Calculate ‘points’ earned by employees, or track other metrics as requested, for participation in wellness programs and achievement of health improvements;

communicate points or other metrics to employees and participating agencies to enable participation/goal achievement incentives distribution. (See Attachment 4 for a description of the recommended employee incentive program.)

4.9 Collaborate with agency staff and contractors in the development of training materials regarding the necessary steps to developing and operating an effective wellness initiative at independent agencies or agency clusters. The material should be targeted at managers, senior leadership, employee groups and the general employee population.

5. MATCHMAKING EVENT FOR LARGE AND SMALL BUSINESS

To ensure maximum opportunities for small businesses, offerors are strongly encouraged to participate in a Pre-Proposal Conference designed to provide offeror’s additional information about the government’s requirement and answer questions about the contents of the RFQ. The event is scheduled at the following time and place:

DATE: February 10, 2010

TIME: 10:00AM – 2:00PM, EST

LOCATION: Theodore Roosevelt Building, 1900 E Street, NW, Washington, DC 20415

Vendors attending the event shall email the Office of Personnel Management at Wellness@opm.gov by February 8, 2010 with the vendor name, number of contractor personnel requesting to attend, name and title of such personnel, and personnel telephone/cell/pager numbers.

Also the names of the interested parties will be available on the FBO website.

6. DELIVERABLES:

6.1 Produce a program plan. Within 2 months of the contract start date, provide a program plan that provides detail of the specific programs, interventions, communications, and recommended non-monetary incentive strategies for the initial contract period and the following two years. This plan will be based on a thorough understanding of employee needs. The plan must cover each of the services included in the service specification.

6.2 Promote health risk appraisals (HRAs) to all employees of the three agencies within the first three months of the contract. The aggregate HRA information will inform the program plan, though it is anticipated that information gathered from focus groups and other sources also will be used to inform the program plan.

6.3 Provide monthly, semi-annual, and annual reports to the agencies involved that, at a minimum, cover activities in the various program areas, resource expenditures, and any issues that require attention. A specific reporting format will be agreed upon prior to the contract start date.

mailto:Wellness@opm.gov

7. QUALITY ASSURANCE SURVEILLANCE PLAN:

Note: the following Quality Assurance Surveillance Plan (QASP) is OPM’s codification of its method of implementing FAR 37.601, which requires that performance-based contracts or task orders-

a) Describe the requirements in terms of results required rather than the methods of performance of the work;

b) Use measurable performance standards (i.e., in terms of quality, timeliness, quantity, etc.) and quality assurance surveillance plans;

c) Specify procedures for reductions of fee or for reductions to the price of a fixed-price contract when services are not performed or do not meet contract requirements; and

d) Include performance incentives where appropriate.

Offerors must complete the QASP (Attachment 5) as part of their proposal. A description of the columns and information to be entered follows below.

We will use the information provided as part of our evaluation of your offer.

(1) Deliverable: One of the deliverables described in the “Deliverables” section above.

(2) Performance Standard: The level of performance which the Government considers acceptable. A good performance standard in general should:

Measure important things;

Be simple, but not too simple;

Be auditable and capable of validation (quantifiable measures preferred, as they are less subjective);

Attainable and worth the cost;

Have a level of detail that corresponds to the intent of the stated measure and expectation;

Be consistently combined with other measures to reflect corporate priorities;

and Be controlled by the contractor.

(3) Acceptable Quality Level: The range of deviation—if any—in which the Government will consider performance to be acceptable. Each offeror must propose an Acceptable Quality Level (AQL) for each performance standard for each deliverable. If the selected offeror fails to achieve stated AQLs, OPM will reduce the offeror’s payment for the services rendered in accordance with the disincentive formula. You must enter the AQLs for each deliverable in the Performance Requirements Summary Template for each deliverable that has a performance standard.

(4) Monitoring Method

(a) This is the method OPM will use to monitor performance and determine the extent to which performance has met the standard. Offerors are encouraged to propose a sound process for verifying the accuracy of performance data on a continuing or recurring basis. Regardless of the method or degree of monitoring, we reserve the right to audit all performance data to independently verify its accuracy.

(b) In general, we prefer monitoring methods that automatically capture measurements as part of the process and do not place a burden on either the offeror or OPM to collect and analyze data.

(5) Incentive / Price Reduction

(a) For each AQL, your proposal must specify a maximum price reduction that will take effect if you fail to meet the AQL. The proposal must also specify the formulas and decision criteria that we will use to calculate the actual amount of price reduction for the related CLIN.

(b) OPM is willing to consider quotations that include additional incentives for performance that exceeds the AQL. These incentives may be either monetary or non-monetary.

(i) For monetary incentives, your price proposal must specify a formula or set of decision criteria that we can use to calculate additional incentive payments to you. These incentive payments will only take place if you perform above the AQL. You must specify a maximum incentive payment that we will not be required to exceed, regardless of your performance.

(ii) Some examples of non-monetary incentives that we would consider include, but are not necessarily limited to:

Revised schedule Reduced oversight Positive performance evaluation Automatic extension of contract term or option exercise (FAR Part

17 still applies) Lengthened contract term (award term contracting) or purchase of extra items (award purchase) Publish article(s) in agency newsletter or speak at agency seminars Letters of appreciation to individual employees, which may translate to bonuses Use trade space for licensing, access to agency officials, etc.

Use those FAR clauses that can be negotiated to your advantage

(c) Your selection of AQLs, incentive formula and price reduction formula will be important to our evaluation. Your response must specify the proposed method for measuring your performance against each performance standard, which we will compare to relevant industry benchmarks.

OPM SPECIFIC CLAUSES

1752.200-70 On-Site Working Conditions (July 2005)

(a) OPM facilities are smoking restricted workplaces. Due to the nature of the work, facilities, and requirements, contractor staff may only smoke outside in designated smoking areas.

(b) Normal operating hours are 7:00 am to 5:30 pm, Monday through Friday.

Meeting task objectives within specific timeframes may require the working of extended/overtime hours. Any extended hours must be authorized in advance, and certified as worked by the task Government Project Manager(s).

(c) Government personnel observe the following days as holidays:

New Year’s Day January 1 * Martin Luther King’s Birthday Third Monday in January President’s Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4* Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day November 11 Thanksgiving Day Fourth Thursday in November Christmas Day December 25*

* If the date falls on a Saturday, the Government holiday is the preceding Friday. If the date falls on a Sunday, the Government holiday is the following Monday.

(d) In addition to the days designated as holidays, the Government observes the following days:

Any other day designated by Federal Statute Any other day designated by Executive Order Presidential Inauguration Day Any other day designated by the President’s Proclamation

(e) It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement of compensation except as set forth within the contract. In the event the Contractor's personnel work during the holiday, they may be reimbursed by the Contractor, however, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, other than their normal compensation for the time worked. This provision does not preclude reimbursement for authorized overtime work if applicable to this contract.

(f) When the Federal, State, Local or other Governmental entity grants excused absence to its employees, assigned Contractor personnel may also be dismissed. The Contractor agrees to continue to provide sufficient personnel to perform critical tasks already in operation or scheduled, and must be guided by the instructions issued by the CO or COR.

(g) If Government personnel are unavailable due to furlough or any other reason, the Contractor must contact the CO or the COR to receive direction. It is the Government's decision as to whether the contract price/cost will be affected. Generally, the following situations apply:

(1) Contractor personnel who are able to continue contract performance (either on-site or at a site other than their normal workstation), must continue to work and the contract price shall not be reduced or increased.

(2) Contractor personnel who are not able to continue contract performance (e.g., support functions) may be asked to cease their work effort. This may result in a reduction to the contract price.

1752.204-70 Contractor Personnel Security Requirements (Jan 2008)

(a) The U.S. Office of Management and Budget (OMB) Memorandum M-05-24, referenced in paragraph (a) of FAR 52.204-9, Personal Identity Verification of Contractor Personnel, is available on-line at http://www.whitehouse.gov/omb/memoranda/fy2005/m05-24.pdf.

(b) The Government may require security clearances for performance of this contract. The Contractor must obtain these clearances before beginning work on the contract (OPM will not allow Contractor employees without clearance in any of its facilities). The Contractor must obtain these clearances by using the eQIP system. If satisfactory security arrangements cannot be made with the Contractor, the required services must be obtained from other sources.

(c) The level of classified access required will be indicated on DD-254 or other appropriate form incorporated into each request requiring access to classified information. Contractors are required to have background investigations for suitability if they occupy positions of trust (e.g., systems administration) even if they do NOT have access to classified information.

(d) Necessary facility and/or staff clearances must be in place prior to start of work on the contract

(e) Contractors are responsible for the security, integrity and appropriate authorized use of their systems interfacing with the Government and or used for the transaction of any and all Government business. The Government, through the Government's Contracting Officer, may require the use or modification of security and/or secure communications technologies related to Government systems access and use.

http://www.whitehouse.gov/omb/memoranda/fy2005/m05-24.pdf

(f) The Government, at its discretion, may suspend or terminate the access and/or use of any or all Government access and systems for conducting business with any/or all Contractors when a security or other electronic access, use or misuse issue gives cause for such action. The suspension or termination may last until such time as the Government determines that the situation has been corrected or no longer exists.

1752.205-70 Announcement of Contract Award (July 2006)

OPM complies with FAR 5.3, Synopses of Contract Awards, in terms of synopsizing and publicly announcing contract awards. These actions take place at the time of, and not before, the contract is awarded. Contract award, in this case, means signature of the contractual document by the Contracting Officer and forwarding of the contractual document to the contract awardee. If the contract awardee wishes to make a separate public announcement, the awardee must obtain the approval of the Contracting Officer prior to releasing the announcement, and must plan to make announcement only after the contract has been awarded.

1752.209-70 Contractor Performance Capabilities (July 2005)

The Contractor must be capable of performing all the tasks described in the Statement of Work. The Government shall not be liable for any costs or other involvement in the purchase, repair, maintenance or replacement of Contractor items used to implement or comply with requirements of the contract. Likewise, the Government shall in no way be held accountable by the Contractor for the Contractor’s inability to perform under this Contract due to Government technology implementations and or changes.

1752.209-71 Contractor’s Key Personnel (July 2005)

(a) In order to ensure a smooth and orderly start up of work, it is essential that the key personnel specified in the Contractor's proposal be available on the effective date of the contract. If these personnel are not made available at that time, the Contractor must notify the Government Contracting Officer and show cause. If the Contractor does not show cause, the Contractor may be subject to default action.

(b) The Contractor shall not of its own will remove or replace any personnel designated as "key" personnel without the written concurrence of the cognizant Contracting Officer. Prior to utilizing employees other than specified personnel, the Contractor shall notify the Government Contracting Officer and the COR. This notification must be no later than five (5) calendar days in advance of any proposed substitution and must include justification (including resume(s) of proposed substitution(s)) in sufficient detail to permit evaluation of the impact on contract performance.

(c) Substitute personnel qualifications must be equal to, or greater than, those of the personnel being substituted. If the Government Contracting Officer and the COR determine that the proposed substitute personnel is unacceptable, or that the reduction of effort would be so substantial as to impair the successful performance of the work under the contract, the Contractor may be subject to default action. If deemed necessary by the Government, substitute personnel must be given a one-(1) day orientation by Contractor personnel at no additional cost to the Government and with no change in the delivery schedule.

(d) In the event that the performance of assigned Contractor personnel or any substitute(s) is determined by the Government to be unsatisfactory at any time during the life of the Contract, the Government reserves the right to request and receive satisfactory personnel replacement within five (5) calendar days of receipt by the Contractor of written notification.

Notification will include the reason for requesting replacement personnel.

(e) The Contractor-supplied personnel are employees of the Contractor and under the administrative control and supervision of the Contractor. The Contractor, through its personnel, shall perform the tasks prescribed herein. The Contractor must select, supervise, and exercise control and direction over its employees (including subcontractors) under this Contract. The Government shall not exercise any supervision or control over the Contractor in its performance of contractual services under this contract. The Contractor is accountable to the Government for the action of its personnel.

(f) The Contractor is herewith notified that employee recruiting and employee retention practices shall be monitored on a regular basis.

1752.209-72 Qualifications of Contractor’s Employees (July 2005)

The Contracting Officer may require dismissal from work of those employees which he/she deems incompetent, careless, insubordinate, unsuitable or otherwise objectionable, or whose continued employment he/she deems contrary to the public interest or inconsistent with the best interest of national security. The Contractor must fill out, and cause each of its employees on the contract work to fill out, for submission to the Government, such forms as may be necessary for security or other reasons. Upon request of the Contracting Officer, the Contractor's employees must be fingerprinted. Each employee of the Contractor who works on this contract shall be a citizen of the United States of America, or an alien who has been lawfully admitted for permanent residence as evidenced by Alien Registration Receipt Card Form 1-151, or who presents other evidence from the Immigration and Naturalization Service that employment will not affect his/her immigration status.

1752.209-73 Standards of Conduct (June 2006)

(a) Personnel assigned by the contractor to the performance of work under this order must be acceptable to the Government in terms of personal and professional conduct. Contractor personnel shall conform to standards of conduct as follows:

(1) No contractor employees shall solicit new business while performing work under this order.

(2) The contractor and its employees shall not discuss with unauthorized persons any information obtained in the performance of work under this order.

(b) Should the continued assignment to work under this order of any person in the contractor’s organization be deemed by the Contracting Officer to conflict with the interests of the Government, that person shall be removed immediately from assignment, and the reason for removal shall be fully documented in writing by the Contracting Officer. Employment and staffing difficulties shall not be justification for failure to meet established schedules, and if such difficulties impair performance, the contractor may be subject to default.

1752.209-74 Organizational Conflicts of Interest (July 2005)

(a) The Contractor warrants that, to the best of the Contractor’s knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest (OCI), as defined in FAR 9.5, Organizational and Consultants Conflicts of Interest, or that the Contractor has disclosed all such relevant information.

(b) The Contractor agrees that if an actual or potential OCI is discovered after award, the Contractor shall make a full disclosure in writing to the Contracting Officer.

This disclosure must include a description of actions, which the Contractor has taken or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflict.

(c) The Contracting Officer may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid an OCI. If the Contractor was aware of a potential OCI prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contacting Office, the Government may terminate the contract for default, debar the Contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.

(d) The Contractor must include this clause in all subcontracts and in lower tier subcontracts unless a waiver is requested from, and granted by, the Contracting Officer.

(e) In the event that a requirement changes in such a way as to create a potential conflict of interest for the Contractor, the Contractor must:

(1) Notify the Contracting Officer of a potential conflict, and;

(2) Recommend to the Government an alternate approach which would avoid the potential conflict, or

(3) Present for approval a conflict of interest mitigation plan that will:

(i) Describe in detail the changed requirement that creates the potential conflict of interest; and

(ii) Outline in detail the actions to be taken by the Contractor or the Government in the performance of the task to mitigate the conflict, division of subcontractor effort, and limited access to information, or other acceptable means.

(4) The Contractor must not commence work on a changed requirement related to a potential conflict of interest until specifically notified by the Contracting Officer to proceed.

(5) If the Contracting Officer determines that it is in the best interest of the Government to proceed with work, notwithstanding a conflict of interest, a request for waiver must be submitted in accordance with FAR 9.503.

1752.209-75 Reducing Text Messaging While Driving (Oct 2009)

(a) In accordance with Section 4 of the Executive Order, “Federal Leadership on Reducing Text Messaging While Driving,” dated October 1, 2009, you are hereby encouraged to:

(1) Adopt and enforce policies that ban text messaging while driving company-owned or -rented vehicles or Government-owned, -leased or –rented vehicles, or while driving privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government; and

(2) Consider new company rules and programs, and reevaluating existing programs to prohibit text messaging while driving, and conducting education, awareness, and other outreach for company employees about the safety risks associated with texting while driving. These initiatives should encourage voluntary compliance with the company’s text messaging policy while off duty.

(b) For purposes of complying with the Executive Order:

(1) "Texting" or "Text Messaging" means reading from or entering data into any handheld or other electronic device, including for the purpose of SMS texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication.

(2) "Driving" means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light or stop sign, or otherwise. It does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary.

1752.219-70 Small Business Subcontracting Plan (June 2006)

(a) If your company is required to file a Small Business Subcontracting Plan in accordance with FAR 52.219-9, please use the Subcontracting Plan Template (Attachment 6) for that purpose.

(b) The on-line Electronic Subcontracting Reporting System (eSRS) must now be used for input of the reports required by FAR 52.219-9(d)(10)(iii). To comply with this requirement, please do the following:

(1) If your company does not yet have an eSRS account, then please sign up for one at www.esrs.gov. A user guide that explains how to use eSRS is available at:

http://esrs.gov/documents/esrs_contractor_user_guide_1.7.pdf. If you notice that your company contact information or DUNS number in eSRS are not correct, then please make corrections through the Central Contractor Registration (CCR) website at http://www.ccr.gov/. That data will then flow from the CCR to the Federal Procurement Data System – Next Generation (FPDS-NG) and then finally into the eSRS system.

Repopulation of your eSRS contact info can take two business days after you make corrections in the CCR. Please include the e-mail addresses of the contracting officer in eSRS for notification in block 13 of the report.

(2) Starting with fiscal year 2005, submit your Summary Subcontracting Reports (SSRs – Old SF 295) and your Individual Subcontracting Reports (ISRs – Old SF 294) for contracts into the eSRS. Midyear reports are not required in eSRS for FY 2004 and 2005.

(3) For fiscal year 2006 onward also submit your midyear (March) ISRs into eSRS.

(4) If you have not yet submitted a final report for any contracts closed during FY 2004 onward, you should do so now using the eSRS.

(5) Please continue to submit to the Contracting Officer paper prints of all the reports you input to eSRS, until further notice. (This continues to be a FAR requirement)

(6) If you have a Blanket Purchase Agreement (BPA) with OPM, please submit your ISRs via paper. FPDS-NG, which provides data into eSRS, does not identify subcontracting plans resulting from BPAs and other types of orders.

1752.222-70 Notice of Requirement for Certification of Nonsegregated Facilities (July 2005)

By signing this offer or contract, the contractor will be deemed to have signed and agreed to the provisions of Federal Acquisition Regulations (FAR) Clause 52.222-21, Certification of Nonsegregated Facilities, incorporated by reference in this solicitation/contract. The certification provides that the bidder or offeror does not maintain or provide for its employees, facilities which are segregated on a basis of race, color, religion, or national origin, whether such facilities are segregated by directive or on a de facto basis. The certification also provides that the bidder/offeror does not and will not permit its employees to perform their services at any location under its control where http://www.esrs.gov/ http://esrs.gov/documents/esrs_contractor_user_guide_1.7.pdf http://www.ccr.gov/ segregated facilities are maintained. FAR Clause 52.222-21 must be included in all subcontracts as well.

1752.222-71 Special Requirements for Employing Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (July 2005)

(a) If this contract contains FAR Clause 52.222-35 (Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans), your company must comply with the requirements of this clause, including the listing of employment opportunities with the local office of the state employment service system.

(b) If this contract contains FAR clauses 52.222-37 (Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans) or 52.222-38 (Compliance with Veterans’ Employment Reporting Requirements), you are reminded that your company must comply with the special reporting requirements described in those clauses. Your company must submit information on several aspects of its employment and hiring of special disabled and Vietnam era veterans or other veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized. You must submit this information no later than September 30 of each year, in the “Federal Contractor Veterans’ Employment Report” or VETS-100 Report. The U.S. Department of Labor has established a web site for submitting this report. The address is: http://www.vets100.cudenver.edu.

1752.223-71 Environmentally Preferable Products and Services (July 2005)

(a) Executive Order 13423, Strengthening Federal Environmental, Energy, and Transportation Management, requires in agency acquisitions of goods and services (i) use of sustainable environmental practices, including acquisition of biobased, environmentally preferable, energy-efficient, water-efficient, and recycled-content products, and (ii) use of paper of at least 30 percent post-consumer fiber content.

(b) By signing this offer or contract, the contractor will be deemed to have signed and agreed that all goods and services provided under this contract will comply with the above requirements of Executive Order 13423.

1752.224-70 Protecting Personally Identifiable Information (May 2009)

(a) Applicability

This clause applies to contractor personnel and addresses specific OPM requirements in addition to those included in the Privacy Act of 1974 (5 U.S.C. 552a - the Act). The following should not be construed to alter or diminish civil and/or criminal liabilities provided under the Act.

http://www.vets100.cudenver.edu/

(b) Definition of Personally Identifiable Information (PII)

Personally Identifiable Information (PII) is information that can be used to discern or trace a person's identity, such as name, social security number, biometric records, and that combined with other information can be used to compromise the integrity of agency records relating to a person, by permitting access to unauthorized disclosure of these records. For example, a name alone would generally not constitute PII, but when linked to his or her social security number, date of birth, or mother's maiden name, would constitute PII. In other words, PII refers to any information, on any medium, that identifies a specific individual whether the information is on paper or electronic.

(c) Responsibilities for Handling PII

(1) Contract employees shall not remove PII from their individual assigned duty station without prior approval of their supervisor.

(2) All contract employees are personally responsible for the proper handling of PII, regardless of location. All contract employees must be:

Responsible for the proper control and handling of PII residing on their computer, on removable media, and on paper documents.

Responsible for ensuring portable data storage and communication devices are properly controlled and secured at all times.

Responsible for the proper marking, control and storage of printouts and other paper documents containing PII in their possession.

Email cannot be encrypted. Since PII must be encrypted before being sent, send it only as an encrypted attachment. Do not send PII in the content of an email.

(d) Encryption of Personally Identifiable Information (PII)

(1) OPM has a policy protecting, and when appropriate, restricting sending, copying or moving PII from the OPM network. Therefore, if the contract employees must send PII, send it only as an encrypted attachment. OPM employees and contractors are required to encrypt PII data using WinZip. Instructions on how to use WinZip to encrypt and protect files containing PII are available on Theo at:

http://theo.opm.gov/helpdesk/selfhelp/WinZipv90EncryptionProcedures.pdf. WinZip can be used to protect data on workstations, laptops and email attachments. It is available on all OPM workstations attached to the agency’s network.

(2) A password protected file is not secure. Never send any unencrypted PII data in e-mail.

(e) Procedures for Reporting a Breach of PII

(1) A breach of PII includes loss of control, compromise, unauthorized disclosure, unauthorized acquisition, or unauthorized access of personally identifiable http://devtheo.opm.gov/helpdesk/selfhelp/WinZipv90EncryptionProcedures.pdf information whether physical or electronic. As an agency, OPM is required to immediately report all potential PII data breaches -- whether they involve paper documents or electronic information. In order to meet this responsibility, OPM has established a new internal procedure for reporting the loss or possible compromise of any PII, and this clause conforms to that procedure.

(2) OPM contractors must report any breach or potential breach to the OPM Situation Room and the Contracting Officer within 30 minutes of becoming aware of the risk – regardless of the time or day of the week. Breaches should be reported, even if it is believed the breach is limited, small, or insignificant. OPM’s IT security experts, who will determine when a breach needs additional focus and attention. The OPM Situation Room is available 24 hours per day, 365 days per year. Report the breach to the OPM Situation Room and the Contracting Officer either by phone or by e-mail; however, be sure NOT to include PII in the e-mail.

(f) Points of Contact

(1) OPM contractors must report a breach or potential breach of PII to the OPM Situation Room at:

sitroom@opm.gov

(202) 418-0111 Fax (202) 606-0624

(2) When notifying the Situation Room, please copy or copy the Contracting Officer at:

Antoinette.Campbell@opm.gov 202-606-4806 202-606-1464

(3) To get help with WinZip, please contact the OPM HelpDesk at:

helpdesk@opm.gov

(202) 606-4927

TTY (202) 606-1295

(4) If you have questions regarding these procedures, contact the Contracting Officer.

1752.224-71 Freedom of Information Act Requests (Sep 2009)

(a) Offerors are reminded that information furnished under this solicitation may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore:

mailto:helpdesk@opm.gov

(1) All items that are confidential to business, or contain trade secrets, proprietary, or personnel information must be clearly marked in all documents submitted to the U.S. Office of Personnel Management (OPM or The Government). Marking of items will not necessarily preclude disclosure when the OPM determines disclosure is warranted by FOIA. However, if such items are not marked, all information contained within the submitted documents will be deemed to be releasable.

(2) No later than five (5) business days after award of a contract, blanket purchase agreement (BPA), or order, the Contractor must provide OPM a redacted copy of the contract/BPA/order in electronic format. This copy will be used to satisfy any requests for copies of the contract/BPA/order under the FOIA. If the Contracting Officer believes that any redacted information does not require protection from public release, the issue will be resolved in accordance with paragraph 3.104-4(d) of the Federal Acquisition Regulation.

(b) Any information made available to the Contractor by the Government must be used only for the purpose of carrying out the provisions of this contract and must not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract.

(c) In performance of this contract, the Contractor assumes responsibility for protection of the confidentiality of Government records and must ensure that all work performed by its subcontractors shall be under the supervision of the Contractor or the Contractor's responsible employees.

(d) Each officer or employee of the Contractor or any of its subcontractors to whom any Government record may be made available or disclosed must be notified in writing by the Contractor that information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 19 U.S.C. 641. That section provides, in pertinent part, that whoever knowingly converts to their use or the use of another, or without authority, sells, conveys, or disposes of any record of the United States or whoever receives the same with intent to convert it to their use or gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine of up to $10,000, or imprisoned up to ten years, or both.

1752.228-70 Insurance (July 2005)

(a) In accordance with FAR 52.228-5, "Insurance-Work on a Government Installation (JAN 1997)" incorporated by reference, the Contractor must secure, pay the premiums for and keep in force until the expiration of this contract, and any renewal thereof, adequate insurance of the types and in the amounts as specified under FAR 28.3.

(b) Each policy of insurance must contain an endorsement that any cancellation or material change in the coverage adversely affecting the Government's interest must not be effective unless the insurer or the Contractor gives written notice of cancellation or change, as required by the CO. When the coverage is provided by self-insurance, the Contractor shall not change or decrease the coverage without the CO's prior approval.

(c) A certificate of each policy of insurance must be furnished to the CO within ten (10) days after notice of award certifying, among other things, that the policy contains the aforementioned endorsement. The insurance company providing the above insurance must be satisfactory to the Government. Notices of policy changes shall be furnished to the CO. The substance of this clause must be made to flow down to any subcontractors.

1752.232-70 Invoice Requirements (Mar 2007)

(a) A proper invoice must include the following items (except for interim payments on cost reimbursement contracts for services):

(1) Name and address of the contractor.

(2) Invoice date and invoice number.