Combined_Synopsis-Solicitation_061815.docx

OPM2615R0011

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 OPM2615R0011 and is issued as a Request for Proposal (RFP). This solicitation document incorporates all mandatory commercial item provisions and clauses that are in effect through Federal Acquisition Circular (FAC) FAC 2005-80 effective June 08, 2015.

The North American Industrial Classification System (NAICS) code is 721110, and the small business size standard is $30 million. This is exclusively set-aside for small businesses.

The U.S. Office of Personnel Management (OPM) is soliciting a facility in San Diego, CA area to conduct several training programs. The contractor shall provide meeting space and audio visual equipment under the resulting contract (see Statement of Objectives) detailed below. Note: Food and beverage services cannot exceed the federal daily per diem rates.

The Office of Personnel Management intends to a Firm Fixed Price purchase order for this requirement to the offeror that represents the best value to the Government. Note: This is not a solicitation for third party or event planning services. Teaming/subcontracting agreements with hotels for hotel space will be considered non responsive.

(1) Statement of Objective - Training Facility

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 Washington, DC and the Western Management Development Center (WMDC) located in Denver, 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 two (2) graduate 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.

2.0 SCOPE

In support of its mission, OPM needs to acquire a vendor to provide a training environment inclusive of a training room, breakout rooms and beverage service for up to 40 federal/contract personnel. Property must be located San Diego, CA within a three (3) block radius of a public transportation stop and public parking facilities.

3.0 GOVERNMENT FURNISHED MATERIAL/INFORMATION

· OPM will provide the venue with a list of individuals one week in advance of the course

· Roster will contain full names of participants, adjunct faculty and staff

· Roster names may change up until the date of the program

· General classroom supplies, such as pens, nametags, tent cards, notebooks and other student material specific to classroom learning.

4.0 SUMMARY OF REQUIREMENTS

The contractor shall be required to provide training facility package for three (3) programs for the following dates:

The program delivery dates are firm, no adjustments of the dates by the contractor are allowed. OPM reserves the right to change or to cancel one or more scheduled offerings.

There will be a maximum of 40 personnel (participants/faculty) associated with each program. A complete outline of the proposed services, amenities and associated fees shall be submitted with this application (see Attachment A, Chart #1 for required template to use). Facility must be located in San Diego, CA within a three (3) block radius of a public transportation stop and public parking facilities. Facilities must be accessible to and usable by participants in accordance with the Americans with Disabilities Act.

The Contractor(s) must have extensive experience providing facilities and services to accommodate federal training events. A description of the organization’s expertise in and ability to provide these services in a medium to high level government context, both in terms of content and audience, is required.

Contractor(s) should be knowledgeable of the Federal Travel Regulation (FTR) http://www.gsa.gov/portal/category/21222 which implement statutory requirements and Executive branch policies for travel by federal civilian employees and other authorized to travel at government expense; details authorized per diem rates and allowable expenses.

Contractor shall provide the following:

4.1 Logistical Support & Amenities:

· Property must be located within a three (3) block radius of a public transportation stop and a public parking garage

· Property must be located within a three (3) block radius of at least one hotel that accepts the government per diem rate

· Property must be within a short walking distance of food service area where students have access to purchase food and beverages

· Must be able to accept classroom material deliveries in advance of each program

· Must provide a storage area prior to (for items being shipped) and during and between programs to store materials. Access to storage must be provided on the evening prior to each program:

· Ability to ship materials to location in advance of course is required

· Facility must have a secure holding location for advance materials to be kept

· Materials must be delivered to training room from storage before the scheduled start, as needed

· Must provide a business center that offers copying, internet access, and basic desktop applications for attendees to use at their personal expense

· Must provide a business center that offers copying services for OPM faculty and staff to use; billed to the master account (OPM Program Director or Account Manager approval required)

4.2 Training Room

· One general session room (approximately 2000 square feet) to comfortably accommodate up to 40 participants plus adjunct faculty. Set up will be up to seven (7) table teams (rectangular or rounds) of no more than six (6) participants per group whereby no one’s back faces the front of the room

· Faculty setup of two (2) each 6’ long tables at the back of the room with two (2) chairs per table with access to electrical hookups for laptops

· Storage tables of up to two (2) each 6’ long tables on back wall of classroom for class sign-in and course materials

· Small table at front of room for AV setup (LCD projector and laptop)

· One (1) each 6’ long table along wall at front of room for materials

· One (1) each flipchart easel with chart pads for each table group, plus one for instructor at the front of the room, with markers; up to eight (8)

· Cushioned chairs with adjustable settings, arms and wheels is desirable

· Classroom must be well ventilated and be free from support posts or columns or other obstacles and provide unobstructed view of the projecting screen(s)

· Ability to post easel paper on walls by either push pins or tape is required

· Individual controls for lighting is required

· Individual controls for heating and air conditioning is desirable

· Required access to the classroom 6:00pm-8:00pm the night prior to a program (accessible to adjuncts and/or program staff for set up and testing of equipment) AND daily from 7:00am-6:00pm

· General session room to have wireless high speed internet connection each day .3 Audio-Visual and Information Technology Requirements

· Audiovisual and information technology presentation support in the training/classroom space to include:

· Portable or fixed projector capable of connecting to external laptops is required

· Projector fixed to ceiling is desirable

· Screen for projecting presentations/videos or TV monitors connected to computer for projecting is required.

· An adjustable and connectable sound system in classroom is required

· Availability of a computer to connect to the audio and visual projection system is desirable

· Slide advancer is desirable

· One (1) each easel with chart pads for each table group, plus one for instructor at the front of the room, with markers; up to eight (8).

4.4 Breakout Room Space

· Rooms to accommodate between 6-10 people at one time

· Conflict Resolution Skills, September 15-18, 2015

· One room will need to accommodate approximately 20 people

· Conflict Resolution Skills, September 15-18, 2015

· Rooms must be private with a door and floor to ceiling walls to block sound

· Room must have a table and up to 10 chairs

· Breakout rooms must be available for setup and evening activities, 7:00am-6:00pm daily

· One easel with chart pad per room is required

· Ability to post easel paper on walls by either push pins or tape is required

· Individual controls for lighting is required

· Wireless high speed internet access is required

· Breakout rooms must be on the same floor as main training room and/or nearby or adjacent to the general session meeting room

· Breakout rooms must be compliant with ADA accessibility requirements

4.5 Guest Relations

· Must provide a dedicated Conference Planning Manager to serve as OPM’s main point-of-contact before, during, and after each event

· Must provide OPM-supplied name tags for all guests upon check-in

4.6 Beverage Services

· Must be able to provide beverage break stations (during classroom hours) to include at least water, coffee and tea

· Beverage services must be served in an adjacent location to the classroom and not in the classroom directly

4.7 Billing

· Beverage service for up to 40 participants and faculty will be billed to OPM on a Master Account and paid on actuals

· Meals or services outside the scope outlined above, and all incidentals and transportation will be paid by the individual participant or instructor

· OPM is Federal government tax-exempt

· Provide itemized master invoice that identifies beverage costs by participant/faculty member

5.0 DELIVERABLES

6.0 PERIOD OF PERFORMANCE

The resultant purchase order will be from the date of award through September 30, 2015.

7.0 PLACE OF PERFORMANCE

All work will be conducted at the contractor’s facility located in San Diego, CA.

8.0 AWARD TYPE

The government intends to issue one (1) firm fixed price purchase order for meeting space and audio visual requirements. Expenses related to beverage service will be paid on “actual” usage, not projected.

9.0 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:

(2) List of Attachments:

Attachment A - Required Pricing Chart (Business Proposal) Attachment B - Relevant Past Performance Questionnaire

52.212-1 Instructions to Offerors—Commercial Items (APR 2014)

Applies to this acquisition

Addendum to FAR 52.212-1

1. PREPARING THE TECHNICAL PORTION OF THE PROPOSALS

(a) The offeror shall include in its quotation a discussion of the offeror's proposed technical approach to respond to the requirements in the Statement of Objections (SOO). Present clear and convincing evidence that you understand the scope of work as described in the SOO, and that your technical approach to accomplishing this work is sound. Include:

· A narrative describing your understanding of this requirement.

· A description of your technical expertise for meeting the requirements of this solicitation. Your narrative should, at a minimum:

· Indicate the initial plan to gain an understanding of OPM’s operations needs;

· Provide realistic time and staff hour and skill level estimates; and

· Provide Floor plans for the lodging rooms, training rooms and breakout rooms

· Describe your strategy for dealing with potential significant technical, administrative, or managerial problems that could arise, particularly those issues that impact deliverable deadlines.

(b) The offeror should describe its capability of meeting the required services as described in the SOO.

Corporate/Team Experience

The offeror shall summarize its corporate experience (including results) with providing training facility contracts similar to this solicitation that the offeror has successfully performed in the past three (3) years. The information presented shall be in sufficient detail to describe the previous experience and effectiveness of the offeror in similar or closely related work, and to demonstrate the offeror’s current ability to accomplish the tasking in this solicitation.

This summary should include:

· Firm Experience: statement of the offering firm’s level of involvement, degree of success, number of resources and overall performance on efforts number of resources and overall performance on efforts involving the provision of training facility similar in nature to the requirements of this project.

· Management Experience: statement of the level of involvement, degree of success, number of resources and overall performance on efforts number of resources and overall performance on efforts involving the provision of training facility similar in nature to the requirements of this project, including the resume (s) of the management resources that will be responsible for this project.

· Experience of Available Resources: statement of the level of involvement, degree of success, number of resources and overall performance on efforts number of resources and overall performance on efforts involving the provision of training facility similar in nature to the requirements of this project, including the provision of resumes of resources that will be available for this project.

The offeror shall demonstrate relevant past performance on contracts currently being performed or performed within the past three years from June 18, 2015, or affirmatively state that it possesses no relevant past performance. The Government will determine relevance by analyzing the “scope”, “magnitude” and “complexity” of the reference contracts and comparing them to the instant requirement. The Government reserves the right to evaluate submitted projects individually or in the aggregate in order to determine relevance and will do so consistently across all evaluated offers. The Government will also consider the quality of the Contractor’s relevant past performance.

(c) Also include the following information for three (3) contracts and/or subcontracts for requirements as similar as possible to the current requirement:

· Name of contract or project;

· Contract Number;

· Role (Prime or Subcontractor);

· Sponsoring Organization or Company;

· Contract type;

· Period of Performance;

· Total Contract Value;

· Contract Manager and telephone number;

· Program Manager and telephone number;

· Project description, scope of work performed, services or products delivered;

· Major success or accomplishments, and

· Major problems, lessons learned, and solution(s) applied if applicable.

(d) If the offeror is proposing subcontractors, the offeror must provide letters of commitment that shall include, at a minimum: (1) signatures of the principals and/or owners of the respective parties; and 2) statements on the division of tasks, relationship of the parties, and responsibilities of the parties. Offerors must submit a statement in this proposal section indicating an understanding that OPM will evaluate the data received from the team and if an award is made based upon this information, the offeror shall notify OPM of any post award substitutions/additions. The Contractor shall provide OPM with letters of commitment signed by the both parties within 15 days prior to the substitution/addition of the proposed change.

Rules concerning the makeup of teams: The Government will consider the prime offeror and their other businesses (i.e. subcontractors) as a single entity. The prime entity MUST demonstrate the capability that they are fully capable of providing the required services.

Rules concerning Joint Ventures: A Joint Venture is equivalent to a single entity and will be considered as one (1) company. Offerors proposing as a Joint Venture shall submit their agreements.

(e) The submission shall be clearly indexed and logically assembled. Each volume shall be clearly identified and shall begin at the top of a page. All pages of each volume shall be appropriately numbered and identified by the complete company name, date and solicitation number in the header and/or footer. A Table of Contents should be created. Files shall use the following Page Setup parameters:

Margins – Top, Bottom, Left, Right - 1” Gutter – 0” From Edge – Header, Footer - 0.5” Page Size, Width – 8.5” Page Size, Height – 11”

The following additional restrictions apply:

· Each paragraph shall be separated by at least one blank line.

· A standard, 11-point minimum font size applies.

· Tables and illustrations may use a reduced font size not less than 8-point and may be landscape.

Proposal page limits are as follows:

· Technical Proposal – 15 pages maximum

· Price Proposal – no page limit

(f) Proposals that exceed the page limits above will be considered non-responsive and will not be given any further consideration. Page numbers, headers and footers may be within the page margins ONLY, and are not bound by the font requirements. Company logos are prohibited with the exception of the Title Page. The page limits are applicable to graphs, tables, drawings and any other attachments submitted with the proposals and not specifically excluded by the solicitation. Any index, table of contents, glossary, company brochures, floor plans, menus, etc. will not be included in the maximum page limitation.

(g) Offeror(s) are responsible for including sufficient details to permit a complete and accurate evaluation of each proposal. Each file of the proposal shall consist of a Table of Contents, Summary Section and the Narrative discussion. The Summary Section shall contain a brief abstract of the file. Proprietary information shall be clearly marked.

2. ADDITIONAL INSTRUCTIONS FOR PREPARING THE TECHNICAL PORTION OF THE QUOTATION

(a) Proposals which merely offer to conduct the work in accordance with the requirements of the Government’s scope of work will be considered non-responsive and will not be given any further consideration. The offeror must submit an explanation of the proposed technical approach in conjunction with the tasks to be performed in achieving the project objectives.

(b) Evaluation of the technical portion of proposals will be conducted by a technical review committee in accordance with the evaluation criteria stated in FAR Clause 52.212-2, Evaluation - Commercial Items (Oct 2014) below.

3. INSTRUCTIONS FOR PREPARING THE BUSINESS PORTION OF THE PROPOSAL

PRICE INFORMATION

Offerors shall submit Firm-Fixed Price proposal responses for the each course delivery dates they can accommodate. Each course shall be priced for a maximum of 40 participants.

Offerors are responsible for computing ALL calculations to determine the total proposed price per course delivery as well as, the total of all proposed course deliveries.

SEE ATTACHMENT A FOR PRICING FORMAT.

INFORMATION OTHER THAN PRICING DATA

The vendor shall submit sufficiently detailed information to permit the Contracting Officer and authorized representatives to evaluate the offer.

Unless otherwise stated in this solicitation, the information may be submitted in the offeror’s own format.

PRICING

The offorer shall clarify for each line item if the unit price represents the vendor’s published prices, or lower.

SPECIAL BUSINESS PROPOSAL INSTRUCTIONS

The Government anticipates that the work will be performed at the Contractor’s facility.

52.212-2 Evaluation—Commercial Items (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors, listed in descending order of importance, shall be used to evaluate offers:

Non-Price Factors

· Technical Capability - To be considered responsive and eligible for award, the offeror must meet ALL of the mandatory criteria listed in the sections 5.1 through 5.8 of the Statement of Objectives. Any proposal not meeting one or more of these criteria will be considered unacceptable and will not be given any further consideration. OPM reserves the right to conduct an on-site inspection of offered facilities.

· Relevant Past Performance - The extent to which offerors' relevant past performance (“scope”, “magnitude” and “complexity” ) demonstrates the likelihood of successful performance in delivering high quality services within scope of Performance Work Statement for the past three years that are directly relevant to this project. The Government will also consider the quality of the Contractor’s relevant past performance; and

Price Factor

· Price

Non price factors and past performance when combined are significantly more important than price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

1. Basis for Award The Government is conducting this source selection in accordance with the competitive negotiation source selection procedures contained in FAR Part 15.

The Government anticipates awarding a single FFP contract to the responsible offeror whose proposal represents the best value to the Government, price and other factors considered. Best value as defined in FAR Part 2, is the expected outcome of an acquisition that in the Government's estimation, provides the greatest overall benefit in response to the requirement. The Government will conduct a tradeoff analysis using the evaluation factors listed in FAR 52.212-2 - Evaluation—Commercial Items.

In performing its trade off analysis, the Government will assess the offeror’s relative strengths, deficiencies, weaknesses, and risks. While offerors are not required to provide all the course delivery dates stated in the PWS, offerors that are capable of providing the higher number of course delivery dates, excluding the 20 optional line items, will be given more favorable consideration.

When conducting the evaluation for Relevant Past Performance, the Government may use information provided by the offeror in their proposals, as well as information obtained from other sources. Each offeror is responsible for ensuring that the information provided is thorough, accurate, and complete.

The Government reserves the right to evaluate proposals and award contracts without discussions with the offerors. Evaluations may be based on the offeror’s initial proposal. Therefore, the offeror's proposal should contain the offeror’s most advantageous proposal from a technical and price standpoint.

2. Price

Price will be assessed for completeness and reasonableness. The Government may, at its discretion conduct a price realism Analysis for the limited purpose of assessing whether prices are 1) realistic for the work to be performed; 2) reflect a clear understanding of the requirements; and 3) are consistent with the various elements of the offeror’s technical proposal.

3. Relevant Past Performance

The Government will determine relevance by analyzing the “scope”, “magnitude” and “complexity” of the reference contracts and comparing them to this requirement. The Government reserves the right to evaluate submitted projects individually or in the aggregate in order to determine relevance and will do so consistently across all evaluated offers. The Government will also consider the quality of the Contractor’s relevant past performance.

Offerors with no past performance will result in an assignment of a neutral/unknown confidence rating, which will indicate neither a FAVORABLE nor UNFAVORABLE evaluation rating. In addition, if a Joint Ventures (JV) does not have any past performance as a JV or if the individual companies that comprise the JV do not have any past performance, then the JV will receive a neutral/unknown confidence rating. If the individual members do have past performance experience, then that performance will be evaluated on behalf of the Joint Venture. If the Joint Venture acts as the Prime, but has subcontractors, the subcontractor’s past performance (if there is any) will also be used in the evaluation.

4. Discussions

The Government will evaluate proposals and may award without discussions with offerors. Therefore, the offeror's initial proposal should contain the offeror's best terms from a price and technical standpoint. Offerors may be given the opportunity to clarify certain aspects of proposals (e.g., the relevance of an offeror’s past performance information and adverse past performance information to which the offeror has not previously had an opportunity to respond) or to resolve minor or clerical errors, but not rising to the level of discussions. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

5. Exchanges

Exchanges with offerors after receipt of proposals do not constitute a rejection or counter offer by the government.

6. Final Proposal Revision (FPR)

If discussions are held with offerors in the competitive range, they will be conducted by the Contracting Officer (CO) in accordance with FAR Part 15. When the CO closes the discussion process, the CO will issue a Call in writing, for FPR to all offerors remaining in the competitive range. Specific submission instructions for the FPR will be contained in the CO’s Call for FPR.

52.212-3 Offeror Representations and Certifications—Commercial Items (MAR 2015)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

52.212-4 Contract Terms and Conditions—Commercial Items (MAY 2015). Incorporated by reference.

Addendum to FAR 52.212-4 OPM-Specific Clauses

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.

1752.209-74 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.

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 (Feb 2013)

(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.

1752.232-73 Small Business Invoice Requirements (October 2012)

(b) Any invoice that does not contain all of the information listed in paragraph (a) above will be rejected as improper, and a new complete corrected invoice must be submitted. The payment due date for the corrected invoice will be calculated from the date it is received in the Prompt Pay e-mail box.

(c) ALL small business invoices—without exception—must have unique identifying numbers, and be submitted via e-mail to OPM’s Small Business Invoice e-mail box at:

SmallBusinessInvoices@opm.gov

Please note that OPM cannot guarantee payment of invoices sent by any other means, such as regular mail or e-mail to other addresses.

(d) Please attach ONLY one invoice to each e-mail, and use the following format for the subject line…