OPM2613Q0130.doc

OPM26-13-Q-0130 Page 4 of 55

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: OPM2613Q0130 and is issued as a Request for Quotes (RFQ). This solicitation document incorporates all mandatory commercial item provisions and clauses that are in effect through Federal Acquisition Circular (FAC)

2005-58 dated May 18, 2012.

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 for total small business.

The Office of Personnel Management’s (OPM) Center for Leadership Development (CLD) is the Federal government’s premier provider of leadership development training. CLD provides leadership training and education programs for all levels of Federal leadership including Team Lead, Supervisor, Manager and Executive. CLD delivers leadership programs as either an open-enrollment (inter-agency) or custom-designed (single-agency) experience. CLD is composed of the Western Management Development Center (WMDC) in Aurora, Colorado, the Eastern Management Development Center (EMDC) in Shepherdstown, WV, and the Federal Executive Institute (FEI) in Charlottesville, VA. This SOO is offered through WMDC, which offers residential programs on its campus in Aurora, Colorado, as well as delivers the WMDC experience at selected venues nationally.

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, WMDC needs to acquire a vendor to deliver up to two (2) Leadership Skills for Non-Supervisors (LSN) programs. These are four-day workshop / training sessions for public sector employees with or without positional or statutory authority and at any level. This program focuses on the skills, knowledge, and insights required to successfully influence with the overall outcome of developing great leaders in the Federal government. The programs primary competencies are Influencing/Negotiating, Integrity/Honesty, Interpersonal Skills, Resilience, and Flexibility. Historically, instructional strategies included video clips, classroom lecture; case studies and experiential simulations and one or more instruments with enrollment averaging 40 participants with a high of 75. The Myers Briggs Type Indicator may not be included in the design. See www.leadership.opm.gov for more course information.

OPM intends to award a Firm-fixed Price purchase order to the offeror that represents the best value to the government. The contractor 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 can only e-mail requests for additional information and only will be accepted at WMDCContracting@opm.gov through 12:00 PM MST, April 5, 2013. Offerors are invited to submit their quotations to WMDC Contracting Office in response to this notice by 5:00 PM Mountain Standard Time (MST), April 19, 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 WMDCContracting@opm.gov. Any responses received after the closing times and dates listed above will not be considered.

Contractors not registered in the System for Award Management at the time the requirement is anticipated to be awarded will not be considered. Contractors may register with SAM by accessing www.sam.gov or by calling 1-866-606-8220.

Contractors not registered in the VETS-100 database at the time the requirement is to be awarded will not be considered. If an offeror does not meet the requirements of filing a VETS100/100A report, the offeror must provide a screenshot from the USDOL website that VETS100/100A reporting is not required with the offeror's proposal.

For additional information regarding VETS100-100A please visit http://www.dol.gov/vets/vets-100.html. For filing assistance please visit: http://www.dol.gov/vets/vets100filing.htm.

NOTE: Communication with other officials may compromise the competitiveness of this acquisition and result in the cancellation of the solicitation and/or exclusion of your proposal.

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.

STATEMENT OF OBJECTIVES

1.0 BACKGROUND:

The U.S. Office of Personnel Management’s (OPM) mission is to ensure the Federal Government has an effective civilian workforce. In support of its mission, OPM offers leadership development courses and services to Federal, state, local and international governments. OPM’s Center for Leadership Development (CLD) has three well established leadership development institutes, the Federal Executive Institute (FEI) in Charlottesville, Virginia, the Eastern Management Development Center (EMDC) located in Shepherdstown, West Virginia, and the Western Management Development Center (WMDC) located in Aurora, Colorado. OPM also offers training around the globe.

OPM delivers over 500 open enrollment programs and courses a year for an estimated 20,000 government employees and individualized programs for over 120 government agencies. OPM’s open enrollment programs are designed to build the leadership capacity of employees as they progress from entry level leadership positions to the Senior Executive Service. Agency programs range from one time leadership-focused professional development opportunities to long term relationships involving leadership development academies. Refer to the OPM website at www.leadership.opm.gov for complete information on OPM’s programs, services and leadership development centers.

OPM leadership services are a revolving fund operation that obtains operational revenue exclusively from the tuition and fees charged its customers. Open enrollment programs are taught at the college and executive education levels with many accredited for undergraduate and graduate level credit. Currently, the courses and services are designed and delivered by its full time faculty and staff supported with the support of nearly 400 adjunct faculty and service providers.

OPM’s Management Development Centers (MDC) provides cutting edge, research-based, interagency Leadership and Management training to government professionals. MDC courses showcase knowledge, skills, and insights from the perspective of government leadership and are linked specifically to OPM’s Leadership Competencies and Executive Core Qualifications (ECQs). They are developmental in nature and are designed specifically for individuals working at defined levels of responsibility. The OPM mission here is to prepare talented individuals for high level responsibilities in government and to ensure that the U.S. public is served by a highly skilled and knowledgeable government.

Most OPM courses taught for high level managers and leaders are recognized by the American Council on Education as having the equivalent content and rigor as similar courses taught in U.S. Universities. Courses of this nature are recognized as being the equivalent of 2 undergraduate level credits.

Custom programs are requested from agencies throughout the year. Open enrollment programs are scheduled and announced in an annual catalog and on the OPM website. New courses may be added and existing courses may be dropped throughout the year in response to customer needs and demand for programs. A description of the services sought by OPM is explained in the following sections.

2. SCOPE:

In support of its mission, WMDC needs to acquire a vendor to deliver up to two (2) other Leadership Skills for Non-Supervisors (LSN) programs. These are four-day workshop / training sessions for public sector employees with or without positional or statutory authority and at any level. This program focuses on the skills, knowledge, and insights required to successfully influence with the overall outcome of developing great leaders in the Federal government. The programs primary competencies are Influencing/Negotiating, Integrity/Honesty, Interpersonal Skills, Resilience, and Flexibility. Historically, instructional strategies included video clips, classroom lecture; case studies and experiential simulations and one or more instruments with enrollment averaging 40 participants with a high of 75. The MBTI may not be included in the design. See www.leadership.opm.gov for more course information.

3. GOVERNMENT FURNISHED MATERIAL/INFORMATION:

The Government will provide the following:

· Printing and assembly of notebooks for each enrolled participant; other printing such as handouts, posters, etc.

· All equipment necessary for program delivery to include audio / visual, computer equipment, projector, sound system, slide screen, flip charts / paper, etc. .

4.CONTRACTOR FURNISHED MATERIAL/INFORMATION:

The Contractor(s) will provide the following:

· Content and material for participant notebook; classroom presentation material, classroom handouts; posters, etc.

5. SUMMARY OF REQUIREMENTS:

The contactor shall be required to deliver up to two (2) iterations of the same 4-day (8 hours of instruction time per day) program on the following date and location:

Delivery Dates:

Location:

June 3-6, 2013

WMDC, Aurora, CO

Option: September 23-26, 2013

EMDC, Shepherdstown, WV There will up to 50 participants or more per program. A complete outline of the proposed course shall be submitted with this application (see attachment A for required template to use). The course is to target public sector employees at all levels as described in section 2.0 Scope to convey the skills, knowledge and insights required to lead more successfully . The outline should make clear that the course will be/have:

5.1 Proven Government to Government Design. This requirement is critical. This course is to be specifically designed for leaders in the public sector. In keeping with adult learning principles, case studies, simulations and other learning exercises and materials should be drawn chiefly from the government/public sector. Instructor teams for the program shall have in-depth subject matter expertise, as well as public sector understanding of complex public sector challenges, and demonstrated success in leading in all types of situations. They shall have in-depth knowledge and background that allows them to relate key points and real world examples from a broad spectrum of government agencies and initiatives. Submitted design must have 250 hours of documented and certifiable delivery hours (run time) since Oct 1, 2009 to federal agencies.

5.2 Support the following core qualifications and learning objectives:

· Discover and test effective models for leadership success;

· Understand the importance of person-to-person influence, versus position-to-position authority;

· Develop values-based leadership practices;

· Facilitate groups more effectively;

· Cultivate the art of positive interpersonal dynamics and communication;

· Learn to influence by increasing personal awareness of individual differences;

· Influence without formal authority.

Core qualifications emphasized: Influencing/Negotiating, Integrity/Honesty, Interpersonal Skills, Resilience, and Flexibility

5.3 Higher Level Learning Objectives and Level-Appropriate Teaching Strategies. The resulting course shall demonstrate the potential to fulfill undergraduate level credit recognition requirements of the American Council on Education (ACE). In brief, this means rigor, level-appropriateness and quality. The course design shall support a participant’s ability to apply leadership concepts using new skills and insights.

5.4 Flexible design that easily supports teaching in a variety of settings, to include on-the-road venues as well as blended learning.

5.5 Flexible opportunities for participant interaction with each other and with instructors, such as case studies, simulations, guest speakers, videos and group discussions.

5.6 Varied opportunities for participants to practice and apply new skills in appropriately challenging activities and receive coaching feedback.

5.7 Resources and materials accessible to and usable by learners in accordance with the Americans with Disabilities Act.

5.8 Tangible and built in module evaluation strategies that target Kirkpatrick Levels 1, 2, and 3.

The Contractor(s) must have 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 description of the individual’s or group’s expertise in, and ability to teach this course as appropriate within a medium to high level government context both in terms of content and audience. A strong background in teaching other professionals is also required of the individual/group. Tangible evidence / documentation of success in teaching leadership concepts with applications to higher level professionals shall be provided.

Contractor(s) should have minimal education credentials equivalent to a Master’s Degree, while Ph.D. or Ed.D credential is preferred. Academic credential and experience must be commensurate with a course taught at the higher levels of government and faculty must be able to draw from both their expertise and experience at all levels.

6.0 DELIVERABLES:

6.1 Submit high-quality design and course content within three business days after receipt of award including:

· A fully annotated course syllabus that includes:

(1) A clear statement of intended learning outcomes;

(2) A module-by-module description of learning content that is appropriate to those outcomes;

(3) Clear expectations of learner activities, and level of participation; and built in module evaluation strategies that target Kirkpatrick Levels 1, 2, and 3.

(4) Flexible and level-appropriate opportunities for learner interaction.

· A description of the elements of the course, instructional methods, technologies, and context and explanation of how these complement each other in support of the learning objectives.

· An explanation of which technologies will be chosen (if any); and how technology will be used within the course to support learning outcomes, subject matter content, and why this choice is appropriate to the learning objectives and characteristics and needs of the participants.

6.2 Conduct a kick-off meeting within three business days after receipt of award to review course content and discuss logistics.

6.3. Provide an adult-learning based program that addresses the objectives and competencies

6.4. Deliver two (2) iteration of this 4 -day leadership training program with 8-hours of instruction time per day.

6.5 Close-out each iteration / delivery by responding to any and all final inquiries or open issues within three (3) working days of the last day of the program.

6.6 After each iteration / delivery, participate in a sixty-minute (60) post course delivery evaluation with the program director to discuss the program and participant feedback within five business days after receipt of Metrics that Matters© evaluation.

7. COPYRIGHTED MATERIALS

OPM maintains a limited reproduction capability. Properly cleared materials can be copied and packaged for distribution to OPM program participants with prior coordination with selected vendors. For curriculum packages greater than 100 pages or where more than 100 copies are needed, the vendor may have to reproduce and deliver the materials in accordance with “packaging” and “branding” requirements described below.

It is the responsibility of 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.

A 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 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.

If a Contractor is required to develop or improve any non-copyrighted existing course materials while performing under this purchase order, OPM will have the 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. Contractors may not claim or otherwise use such materials, courses or programs developed under this contract for their own use without express approval from OPM.

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.

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).

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.

12.0 PERIOD OF PERFORMANCE

The resultant purchase order will be from the date of award through June 7, 2013 with an option through September 26, 2013.

13.0 PLACE OF PERFORMANCE

The training session shall be conducted on the following date(s) at the following location(s):

Delivery Dates:

Location:

June 3-6, 2013

WMDC, Aurora, CO

Option: September 23-26, 2013 EMDC, Shepherdstown, WV

OPM reserves the right to schedule additional sessions during the period of performance based on agency demand. OPM also reserves the right to cancel or adjust dates based on customer demand. If a determination is made to cancel or rescheduled a session, OPM will notify the Contractor(s) a minimum of 4 weeks prior to the date of the canceled or rescheduled delivery.

14.0 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). Travel by privately owned vehicle shall be at the current GSA approved mileage rate. Traveling expenses within a 35 mile radius of an MDC 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 its own expense.

15. AWARD TYPE

The government intends to issue a firm fixed price purchase order for course delivery services as a result of this solicitation.

16. QUALITY ASSURANCE SURVEILLANCE PLAN:

A. Background: The quality assurance surveillance plan (QASP) describes how OPM will 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 its 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:

Customer satisfaction with service.

Sixty-minute post course delivery evaluation of participant feedback

(per course) within five business days after receipt of Metrics that Matters© 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.

17.0. LIST OF ATTACHMENTS:

Attachment A: Course Description Template (Required) Attachment B: Technical Proposal Charts (Required) Attachment C: Business Proposal Charts (Required) End of Statement of Objectives

(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:

* 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)

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.

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.

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.

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

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.

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)

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.

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.

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.

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.

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.

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)

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:

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

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

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)

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.

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.

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.

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.

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:

Notify the Contracting Officer of a potential conflict, and;

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:

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

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.

For purposes of complying with the Executive Order:

"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.

"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.

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)

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.

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.

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

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

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.

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.

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.

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.

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)

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.

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.

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.

1752.232-71 Method of Payment (July 2005)

Payments under this contract will be made either by check or by wire transfer through the Treasury Financial Communications System at the option of the Government.

The Contractor must forward the following information in writing to the Contracting Officer not later than seven (7) days after receipt of notice of award:

Full Name (where practicable), title, telephone number, and complete mailing address…