OPM2613Q0087.pdf

OPM2613Q0087

COMBINED SYNOPSIS/SOLICITATION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

The solicitation number is OPM2613Q0087 and is issued as a Request for Quote (RFQ).

This solicitation document incorporates all mandatory commercial item provisions and clauses that are in effect through Federal Acquisition Circular (FAC) 2005-64 dated January 18, 2013.

The North American Industrial Classification System (NAICS) code is 611430 and the small business size standard is $10.0 million. This procurement is set-aside exclusively for small businesses, allowing only a small business to submit proposals.

The U.S. Office of Personnel Management’s (OPM) Center for Leadership Development (CLD) provides high quality leadership and management development for supervisors, managers and executives across the Federal government through both multi-agency and single-agency designed courses. OPM has established two leadership institutes, the Federal Executive Institute in Charlottesville (FEI), Virginia, and the Management Development Center’s (MDC’s) with locations in Shepherdstown, West Virginia and Aurora, Colorado. OPM also offers courses at the OPM Headquarters in Washington, D.C. and at other locations.

As a Federal business enterprise, CLD provides services that assist Federal agencies in achieving their missions by providing competency-based leadership programs to build great leaders for great government.

In support of its mission, OPM needs to acquire up to (3) contractors to provide Visiting Program Director services to organize, facilitate and deliver up to (5) Management Development Seminars I: Learning from the Middle (MDS I). The Management Development Seminar-I is one of the core development programs designed to help managers learn and apply knowledge and skills that support their roles and responsibilities. Today’s Federal managers often find themselves in the challenging position of operating “from the middle” and need the skills and insight to lead teams and influence leaders above them at the same time in ever more complex organizations. Self-understanding, communication skills, and insight into follower-leader relationships are critical for their success and often difficult to learn on the job.

The course methodology includes a variety of formats: lecture; self-assessments; group discussions and exercises; real world experiences and examples; and a small group consulting project. The program is nine days in length over a two week period. The program begins at 1:00 PM on the first Monday of the course and ends by 3:00 PM on the second Thursday of the course.

This course supports the development of the following OPM competencies:

Accountability, Conflict Management, Developing Others, Leveraging Diversity, and Problem Solving. These competencies are part of the OPM Executive Core Qualifications (ECQs) which are used as indicators of leadership success in the federal government. For more information on the ECQs please see http://www.leadership.opm.gov/.

OPM intends to award up to (3) Firm-fixed Price contracts to the offeror(s) that represents the best value to the government. The offerors shall provide all labor, incidental materials, and other services necessary to render services under the resulting contract, see Statement of Objectives (SOO) detailed below. The period of performance is listed in the SOO below.

Offerors are invited to submit their quotations to OPM Contracting in response to this notice by 12:00 PM Eastern Standard Time (EST), February 13, 2013. Only e-mailed requests for additional information will be accepted at Shannon.Kennedy@opm.gov through 10:00 AM EST, February 6, 2013. Quotations submitted in response to this notice shall include the solicitation number in the subject line and be signed, dated and submitted via email to Shannon.Kennedy@opm.gov.

Technical and Pricing proposals MUST be in two separate files. If your technical and price proposal is not submitted in two separate files, your response to this solicitation will be considered non-responsive and will not be given any further consideration. Each of the parts shall be separate and complete, so that evaluation of one may be accomplished independently of and concurrently with the evaluation of the others.

All communications shall be directed to the attention of:

Name: Shannon G. Kennedy Title: Contracting Officer Telephone: 304-870-8065 Email: Shannon.Kennedy@opm.gov

NOTE: COMMUNICATIONS WITH OFFICIALS OTHER THAN THE OPM

CONTRACTING OFFICER INDICATED ABOVE, MAY COMPROMISE THE

COMPETITIVENESS OF THIS ACQUISITION AND RESULT IN THE

CANCELLATION OF THE SOLICITATION AND/OR EXCLUSION OF YOUR

PROPOSAL FROM THIS SOLICITATION.

Vendors not registered in the System for Award Management at the time the requirement is anticipated to be awarded will not be considered. Vendors may register with SAM by accessing www.sam.gov.

STATEMENT OF OBJECTIVES

1. BACKGROUND:

The U.S. Office of Personnel Management’s (OPM) Center for Leadership Development (CLD) provides high quality leadership and management development for supervisors, managers and executives across the Federal government through both multi-agency and single-agency designed courses. OPM has established two leadership institutes, the Federal Executive Institute in Charlottesville (FEI), Virginia, and the Management Development Center’s (MDC’s) with locations in Shepherdstown, West Virginia and Aurora, Colorado. OPM also offers courses at the OPM Headquarters in Washington, D.C. and at other locations.

As a Federal business enterprise, CLD provides services that assist Federal agencies in achieving their missions by providing competency-based leadership programs to build great leaders for great government.

One course offered by CLD is the Management Development Seminar-I: Learning from the Middle (MDS I). The Management Development Seminar-I is one of the core development programs designed to help managers learn and apply knowledge and skills that support their roles and responsibilities. Today’s Federal managers often find themselves in the challenging position of operating “from the middle” and need the skills and insight to lead teams and influence leaders above them at the same time in ever more complex organizations. Self-understanding, communication skills, and insight into follower-leader relationships are critical for their success and often difficult to learn on the job. This course seeks to help participants:

Learn and apply tools for improving skills in conflict resolution, communications, and leveraging diversity

Increase self-knowledge and leadership capacity through critical thinking, exploring strengths theory, and examining change models

Apply best practices of “managing up” and learn skills for strong “followership”

Solve a real management challenge through a small group action learning process

Develop a valued network of other federal managers

2. SCOPE:

In support of its mission, OPM needs to acquire up to (3) contractors to provide Visiting Program Director services to organize, facilitate and deliver up to (5) Management Development Seminars I (MDS I). The MDS I course methodology includes a variety of formats: lecture; self-assessments; group discussions and exercises; real world experiences and examples; and a small group consulting project. The program is nine days in length over a two week period. The program begins at 1:00 PM on the first Monday of the course and ends by 3:00 PM on the second Thursday of the course.

The MDS I is designed for first line supervisors who wish to acquire and enhance their leadership skills and those recently promoted to second line supervision. Participants will be from a variety of federal agencies, both civilian and defense. Maximum enrollment for each class is 38.

This course supports the development of the following OPM competencies:

Accountability, Conflict Management, Developing Others, Leveraging Diversity, and Problem Solving. These competencies are part of the OPM Executive Core Qualifications (ECQs) which are used as indicators of leadership success in the federal government. For more information on the ECQs please see http://www.leadership.opm.gov/.

3. APPLICABLE CONDITIONS:

All respondents must have an active role in the preparation, management and delivery of the program.

OPM shall have full discretion and rights to use and modify the winning design(s) as it deems appropriate for use in the Federal government.

Once a class session is completed, the contractor may not keep any participant information, in any form or database o Any participant contact information provided to the contractor by OPM, must be deleted or destroyed within 10 business days following the class session.

o Any participant information (e.g., assessment/instrument reports, background information, other pre-work, etc.) collected by the contractor must be deleted or destroyed within 10 business days following the class session, noted by a confirming message to the Contracting Officer post-disposal.

4. GOVERNMENT FURNISHED MATERIAL/INFORMATION:

The Government shall provide the following:

One fully equipped classroom and five breakout rooms, if necessary;

General classroom supplies and equipment, such as pens, notebooks, flip charts, audio and visual equipment;

Participant rosters and tent cards;

Textbooks and other learning tools as deemed appropriate by the contractor and the COR;

Printing and assembly of notebooks for all enrolled participants; other printing as needed such as handouts, posters, etc;

Post-course evaluation tool.

5. SUMMARY OF REQUIREMENTS:

The contractor(s) shall be required to facilitate up to (5) MDS I courses. Visiting Program Director (VPD) responsibilities begin at least three weeks prior to the beginning of the program through the completion of the two-week (nine-day) program. The VPD will be responsible for the following:

Materials: Ensure all instructor and participant training materials are available in sufficient quantities for each presentation of the course. Course materials will be reproduced at the Management Development Centers.

Facilitate a Small Group Assignment: A small group project has been designed to give participants the opportunity to apply theory and concepts learned in class and learn what helps teams move progress. MDS-I participants are asked to bring a real life management problem to class and each small group will determine which problem they will address. The teams will practice “action learning” techniques in their group meetings, using questioning techniques and other methods of root cause analysis. Each team will make a presentation to the larger group on the final day of class. The VPD is responsible for ensuring that participants understand the requirement, are scheduling time outside of class to work in their groups and complete the assignment, and are given feedback from the VPD and the other class participants on their presentation. The design of this project will be provided by OPM.

Participant Support: The VPD is responsible for contacting registered participants via telephone or email prior to course start date to answer any questions or address participant concerns. The VPD will communicate updates to course content as necessary and in accordance with OPM requirements.

Feedback: The VPD is responsible for soliciting regular feedback from participants, sharing that feedback with the OPM Program Director and integrating it as appropriate into the course to fine-tune onsite course delivery.

The VPD shall provide written and/or verbal feedback to other course presenters/lecturers/instructors when appropriate concerning session content and instructional quality. Please note that no design fees or changes to scope shall be authorized during this interaction.

Logistics: The VPD is responsible for coordinating with OPM to ensure that course facilities are available and adequate. If requested, the VPD shall ensure that all guest faculty members are scheduled and confirmed for each course.

Teaching: If designated by the OPM COR, the VPD shall provide specific modules of instruction. Specific modules will be designated in each individual order and will be dependent upon the VPD’s background and skills in these module areas. Please note that there is no course design requirement in this Statement of Objectives. Should the need arise for a teaching role for the VPD, the OPM Program Director shall notify the VPD within 30 days of the date of the teaching assignment.

Reporting: The VPD shall submit a written or verbal report within 30 days of the completion of each course that provides participant feedback, any issues, lessons learned and recommendations for future courses.

Facilitation: The VPD shall demonstrate effective group facilitation skills and shall maintain the learner-centered format of this course. The VPD shall provide daily facilitation during the course and respond to all participant needs.

Opening and Closing: The VPD shall be responsible for all activities associated with opening the course (introductions, course overview, ice breakers, content introduction, hotel and locale information) and closing the course (learning transfer activities, feedback and evaluation) as determined by OPM staff.

Technical Skills: The VPD shall have an acceptable level of proficiency with PowerPoint applications, audio and visual equipment and other systems utilized in the classroom.

Offerors must prove extensive knowledge and experience in managing and leading in the Federal government environment evidenced by former Federal employee status or relevant academic or consulting experience in the Federal environment. A Bachelor’s degree is required. Offerors must have direct experience with facilitating groups in a learning environment

6. DELIVERABLES:

The contractor(s) shall provide all management, supervision, labor, materials, supplies and equipment (except as otherwise specified); and shall plan, schedule, coordinate, and assure the efficient performance of up to (5) MDS I courses. These services shall be in accordance with specifications stated in the Summary of Requirements and include, but are not limited to the following:

6.1 Participate in pre-planning meeting with OPM staff within five days of receipt of award.

6.2 Provide VPD/facilitation services for MDS I according to Summary of

Requirements.

6.3 Participate in post-delivery consultation teleconference with OPM staff to provide feedback, discuss session outcomes, and content adjustments.

7. COPYRIGHTED MATERIALS

It is the responsibility the Contractor to comply with copyrighted material laws, rules and regulations for materials they use in the performance of this contract. This includes the marking of materials and obtaining permissions to use copyrighted material. If the Contractor has developed material independent of OPM requirement and is recommending use of that material in a proposed course or program, then the Contractor is granting OPM the right to use, reproduce and distribute the material for either; a) the specific course and specific date; or b) the specific course and a specific range of time.

All materials will be marked accordingly. Use of the materials for a different course and/or different time period will be negotiated separately. Contractor proposing to use other materials that have third-party copyright restrictions are responsible for obtaining the proper permissions to use and reproduce that material the material. The Contractor will also be responsible for ensuring the material is properly marked prior to copies being made. If a Contractor is tasked with developing or improving course materials while under a service call, then OPM has exclusive rights to any and all of that work, including improvements and developments created by the Contractor as a result of performing services. Materials will be marked accordingly. [Note that if OPM requests the contractor to modify materials, the materials should be marked accordingly with a note to indicate “modified by Full Name, May XX, 201X, as requested by OPM.”] Contractors may not claim or otherwise use materials, courses or programs developed under this contract for their own use without express approval from OPM. For information and/or materials that are considered common property, has no original author, or was first created by an OPM staff member in the scope of their employment, the work is to be considered “in the public domain.” Contractors and OPM may not assert any proprietary rights to the document and no special markings are necessary. If use of third-party proprietary materials requires the contractor to be certified in the use of such materials, the contractor will be required to provide proof that they hold a current certification.

Note that service providers also need to make sure that e-copies of course materials are available and marked accordingly for use in any OPM e-learning platform, when applicable.

8. PURCHASE OF MATERIALS

Where the contractor is required to provide program/class materials, such materials are subject to OPM’s approval. The contractor shall be conscientious in limiting the extent of these types of purchases to the absolute numbers and the lowest costs appropriate to achieving desired learning outcomes.

9. PACKAGING

Program/class materials must be packaged and packed for shipment in such a manner that will ensure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with the Interstate Commerce Commission regulations, Uniform Freight Classification Rules, National Motor Freight Classification, or regulations of other carriers as applicable to the mode of transportation. Mark deliverables as follows:

Eastern Management Development Center (EMDC) 239 Lowe Drive Shepherdstown, WV 25443

OR

Western Management Development Center (WMDC) 3151 South Vaughn Way, Suite #300 Aurora, CO 80014

10. BRANDING

Material produced for use in OPM courses should be branded to reflect the OPM organization hosting/sponsoring the developmental opportunity. Specific logos and slogans will be provided to the contractor upon contract award. In no instance may a contracted curriculum developer or supplier include organizational advertisements or contact information, or otherwise market their organization or services to OPM participants. Such marketing and/or advertising by contracted personnel is expressly forbidden within the confines of OPM learning environments.

11. TRAVEL

Travel by air shall be negotiated at a fair and reasonable price, not to exceed coach fare.

The costs for lodging, meals, and incidental expenses incurred by contractor personnel shall be considered to be reasonable and allowable to the extent they do not exceed, on a daily basis, the per diem rates set forth in the Federal Travel Regulations (FTR). The

Travel by privately owned vehicle shall be at the current GSA approved mileage rate.

Traveling expenses for Faculty living within a 35 mile radius of the training site will not be reimbursed.

The contractor will be reimbursed for their actual travel expenses incurred, in accordance with the FTR. If the Contractor incurs travel costs in excess of the amount negotiated and agreed upon for each task order, it is at the contractor’s own expense.

12. PERIOD OF PERFORMANCE

The Period of Performance will be approximately (9) months (3 month base period and up to 6 one-month periods) from the date of award.

13. PLACE OF PERFORMANCE

Course deliveries will be located at the Eastern Management Development Center (EMDC) at 239 Lowe Drive, Shepherdstown, WV, 25443 and the Western Management Development Center (WMDC) at 3151 South Vaughn Way, Suite #300, Aurora, CO, 80014. Other locations may be used during the period of performance. OPM reserves the right to change locations.

List of known Delivery Dates and Locations

DATE LOCATION

MARCH 11 – 21, 2013 EMDC

JUNE 10 – 20, 2013 WMDC

JULY 8 – 18, 2013 EMDC

AUGUST 12 – 22, 2013 WMDC

SEPTEMBER 16 – 26, 2013 EMDC

OPM reserves the right to add, cancel, or adjust dates. The contractor shall indicate availability for each of these dates in the technical proposal.

14. AWARD TYPE

The Government intends to award up to (3) Firm Fixed Price awards as a result of this solicitation.

15. QUALITY ASSURANCE SURVEILLANCE PLAN:

A. Background: The quality assurance surveillance plan (QASP) describes how OPM shall monitor and evaluate contractor performance. This QASP describes in more detail how services will be evaluated and the consequences of performance below requirements.

Contractor performance will be evaluated by OPM staff, customers, and participants attending the course or program. OPM performance scores are established each year in it performance plans. The success of OPM programs therefore is directly linked to the success of contractors providing or assisting OPM faculty and staff in the design and/or delivery of programs and services.

B. Purpose: The QASP describes the general level of performance that will be acceptable for each type of service listed in the solicitation. Specific performance objectives and conditions will vary according to the service delivery agreements negotiated with OPM customers.

C. Roles and Responsibilities of Contracting Officer and Contracting Officers Representative (COR) and OPM staff: The OPM Contracting Officer will award the contract for services to contractor(s) that best meet OPM requirements. The contract will include the specific services to be provided by the contractor, the location for delivery of service, the time and dates for the services, and the agreed to or set price to be paid.

The COR will provide on-site instruction to the contractor as needed and will monitor the delivery of courses or programs or observe the delivery of other services. Contractor flexibility in making adjustments in delivery of services is required and expected.

Changes in the requirements of staff and customers may occur and may result in cancellation of an order and/or rescheduling of services. These changes will be communicated to the contractor by the COR or OPM staff managing the activity.

D. Acceptable Quality Levels and how performance will be measured:

Deliverable Performance

Standard Acceptable Quality Level

(AQL)

Monitoring Method

Incentive/Price Reduction

Participate in pre-planning meeting with OPM Program Director within five days of receipt of award.

Meeting conducted in a timely manner

Deadline met;

Contractor(s) facilitates meeting.

Meeting submittal date;

evaluation of the quality and content of the meeting

Positive/ Negative Performance Evaluation by COR.

Provide VPD/facilitation services for MDS I according to Summary of Requirements

No less than a

4.0 evaluation on a 5 point scale evaluation assessment and/or positive feedback from any attending OPM Faculty

No less than a

4.0 evaluation on a 5 point scale evaluation assessment and/or positive feedback from any attending OPM Faculty

Metrics that Matters© evaluation for all Faculty and course content / material

Positive/ Negative Performance Evaluation

Participate in a post-delivery conference call or meeting with OPM Program Director to discuss observations and potential changes to future deliveries

Meeting conducted in a timely manner

Meeting conducted within 10 days of course delivery.

Scheduled meeting

Positive/ Negative Performance Evaluation

E. End of Service Debriefing and Evaluation of Services: The OPM staff will meet with contractors following the delivery of a program or service or when a debriefing can be mutually arranged to discuss the contractor’s performance. The review will cover services delivered, the reactions of program participants, faculty and staff and other comments of relevance to satisfactory performance. The purpose of the program debrief is to improve the quality of services, establish better understanding of expectations for services, modify service to better meet future requirements, and determine suitability of the contractor for future work.

F. Termination or Succession of contract: The Contracting Officer upon the recommendations of the COR may not request further services from contractors that do not meet quality performance levels based on degree of negative feedback received from observers of the service, program staff, and/or client agency.

G. Contracting Officers Representative (COR) and Evaluation Staff: The evaluation of service is most important to OPM. Input for performance evaluations will be actively sought by the COR and OPM staff that are part of the service area and have contact with the service provider. The customer or client agency will play an important part in the evaluation process. Technical knowledge, delivery of service, strong interpersonal skills and ability to effectively communicate with and get along with customers, faculty, and staff are critical aspects of quality service that are measured by the evaluation staff.

16. LIST OF ATTACHMENTS:

Attachment #1: SAMPLE AGENDA FOR MDS-I

(end of SOO)

(1) 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.

(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.

1752.222-70 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 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 (Nov 2012)

(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.

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

(d) 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 and ensuring the use FIPS 140-2 compliant encryption to protect information stored on digital media during transport outside of OPM controlled areas.

Responsible for ensuring PII data at rest is encrypted in contractor and government Cloud computing environments.

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

(e) 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, it is the responsibility of the contractor to ensure the PII is not inadvertently disclosed to unauthorized individuals. PII must not be sent in the body of an email.

Attachments containing PII must be encrypted.

(f) IT Security Incident and PII Breach Protection and Notification

All security incidents that involve OPM information or information systems must be reported to the OPM Situation Room. Contractors must also report incidents to the OPM Contracting Officer. This reporting must occur immediately upon discovery of the incident. Incidents and breaches must be reported, even if it is believed the breach is limited, small, or insignificant. OPM’s IT security experts 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.

1. OPM contractors must report a breach or potential security breach to the OPM Situation Room at: sitroom@opm.gov, (202) 418-0111, Fax (202) 606-0624.

2. When notifying the Situation Room, copy the Contracting Officer.

3. 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:

(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…