OPM2615R0017_Final.docx

OPM2615R0017

COMBINED SYNOPSIS/SOLICITATION

This is a combined synopsis/solicitation for a commercial service prepared in accordance with Federal Acquisition Regulation (FAR) 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 SF 1449 will not be issued, in accordance with FAR 12.603.

The Solicitation number is: OPM2615R0017 and is issued as a Request for Proposals (RFP). This solicitation document incorporates all mandatory commercial item provisions and clauses that are in effect through Federal Acquisition Circular (FAC) 2005-83 dated August 3, 2015.

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

In support of its mission, The U.S. Office of Personnel Management (OPM) needs to acquire up to three (3) hotels to provide overnight accommodations for a number of upcoming Leadership Development Programs. During attendance of their program, participants will occasionally need to return to their rooms to work on projects, then return to the classrooms for their next scheduled session. Therefore, the overnight accommodations facility must be located within 1 ½ miles of the FEI Campus at 1301 Emmet St, Charlottesville, VA and vendor shall provide use of their facility shuttle service throughout the day as needed.

OPM intends to award up to three (3) multiple award Independent Delivery Independent Quantity (IDIQ) contracts to the offeror(s) that represent the best value to the government. The contractor(s) shall provide all overnight accommodations and other services necessary to deliver the overnight accommodations under the resulting contract, see Performance Work Statement (PWS) detailed below. The period of performance will be one (1) base year and one (1) six (6) month option period.

Offerors can e-mail requests for additional information and will only be accepted at nathaile.snyder@opm.gov through 12:00 PM (noon) EST, 03 Septembert, 2015. Offerors are invited to submit their proposals to nathalie.snyder@opm.gov in response to this notice no later than 5:00 PM EST, 10 September, 2015. Proposals submitted in response to this notice shall include the solicitation number in the subject line and be signed, dated and submitted via email to nathalie.snyder@opm.gov.

Files must be sent as a Microsoft Word or Adobe PDF format document attachment by email to Nathalie Snyder at: nathalie.snyder@opm.gov. Offerors are solely responsible for ensuring their offer is received at the designated place and time for receipt of offers.

Vendors not registered in the System for Award Management by September 10, 2015, will not be considered. Vendors may register with SAM by accessing www.sam.gov.

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

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.

Performance Work Statement –Overnight Accommodations Charlottesville VA

1. BACKGROUND:

The Human Resources Solutions (HR Solutions) enterprise provides services that assist the Federal Government in achieving its missions by:

· Partnering with agencies to provide effective human resource solutions that develop leaders, attract and build a high quality public sector workforce, and transform agencies into high performing organizations; and

· Offering services that enhance the agencies' ability to attract and acquire specific talent.

The Federal Executive Institute (FEI) is the federal government’s premier leadership development center for executives. Since 1968, FEI has provided executive education programs for GS-15s and members of the Senior Executive Service (SES). At present, these programs include a four-week Leadership for a Democratic Society (LDS) program, offered ten times per fiscal year, and a variety of open-enrollment and custom-designed program offerings. FEI offers residential programs on its campus in Charlottesville, VA, as well as delivers the FEI experience at selected venues nationally and internationally.

Participant tuition rates include overnight accommodations and FEI participants are housed on the FEI campus as much as possible. When the need is greater than the overnight accommodations capabilities of the FEI campus, local overnight accommodations facilities are sought.

2. SCOPE:

In support of its mission, FEI is seeking at least 3 hotels to provide overnight accommodations for a number of upcoming Leadership Development Programs. During attendance of their program, participants will occasionally need to return to their rooms to work on projects, then return to the classrooms for their next scheduled session. Therefore, the overnight accommodations facility must be located within 1 ½ miles of the FEI Campus at 1301 Emmet St, Charlottesville, VA and vendor shall provide use of their facility shuttle service throughout the day as needed.

3. APPLICABLE CONDITIONS:

The facility must be located within 1 ½ miles to the Federal Executive Institute, 1301 Emmet Street, Charlottesville, VA 22903 and shuttle service must be provided to transport program participants from the hotel to FEI throughout the day as needed, as well as the return trip from FEI back to the hotel. Maximum participant wait time for the shuttle should be no more than 15 minutes.

4. SUMMARY OF REQUIREMENTS:

The Contractor shall be required to provide overnight accommodations for a number of upcoming Leadership Development programs. These services shall include but are not limited to the following:

A. Individual sleeping accommodations:

1. Guestrooms to include:

· A minimum of 400 square ft.

· Seating area with sofa or chair for lounging

2. All Guestrooms need to be of equal quality

3. Separate Workspace to include:

· Desk

· Desk chair

· Data port

· Electrical outlet

4. Quality linen

· At least 250 thread count

· Linen in like new condition, not worn, free of stains, hair and debris.

5. Guestrooms are clean and well maintained:

· Carpet and flooring in good condition and not worn or damaged

· Walls free of damage and noticeable scuff marks, holes and paint chips

· All Furnishings and upholstery in sturdy condition and free of wear and defects.

· Bathroom faucet and fixtures in good working condition, free of damage.

6. Cable/satellite

7. Flat screen color TV

8. Free High-Speed Internet

9. Handicap Accessibility

10. Phone feature: voice mail

11. Alarm clock

12. Coffee maker/tea service

13. Individual climate control

14. Iron and ironing board

15. Hair Dryer in bathroom

16. 24-hour room service

17. Transportation shuttle service between hotel and FEI as identified above B. Hotel Requirements:

1. Onsite Parking

2. All rooms must be located at the same facility.

3. All bedrooms must be accessed from an interior hallway and not from the outside.

4. Facility must comply with all Federal, state and local guidelines and regulations, and laws on accessibility, health and safety.

5. Currently hold (and document) a rating of three or higher out of five in one or more of the following quality rating standards:

a. Mobile Travel Guide

b. OAG Business Travel Planner

c. AAA

6. Respondents must be primary provider of all services. No submissions from third party providers will be considered.

5. DELIVERABLES

5.1 Overnight Accommodations Dates:

The vendor shall provide overnight accommodations for the specified dates in the ‘Instructions to Offerors’ – Section 3 ‘Instructions for preparing the Business Portion of the Proposal’. All rooms must allow for continuous occupation by the CLD program participant during the required dates.

During attendance of their program, CLD program participants will occasionally need to return to their rooms to work on projects, then return to the classrooms for their next scheduled session and back to the hotel at the end of the day. Therefore, the overnight accommodations facility must be located within 1 ½ miles of the FEI Campus at 1301 Emmet St, Charlottesville, VA and vendor shall provide use of their facility shuttle service throughout the day as needed.

The program delivery dates identified are firm, no adjustments of the dates by the contractor are allowed. OPM reserves the right to change or to cancel a scheduled offerings two weeks prior to the scheduled dates identified in Attachment 1.

The government may require additional rooms during the period of performance which have not been identified in Attachment 1.

6. PERIOD OF PERFOMANCE

The period of performance will be one (1) year base period with one (1) six (6) month option period. Specific Program Dates are included as referenced below.

7. PLACE OF PERFORMANCE

All lodging accommodations will be at the contractor’s facility.

8. AWARD TYPE

The government intends to issue up to three (3) Firm Fixed Price multiple award Indefinite Delivery indefinite Quantity (IDIQ) contracts for the overnight accommodations.

9. 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 contractor shall provide accommodations commensurate with the quality standards outlined in Section 3: Applicable Conditions and Section 4: Summary of Requirements

- If accommodations are found lacking, another room shall be presented as an option.

Attachment 1 - Relevant Past Performance Questionnaire Attachment 2 – Sample Task Order

END OF PWS

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 proposal discussion of the offeror's proposed technical approach to respond to the requirements in the Performance Work Statement (PWS). Present clear and convincing evidence that you understand the scope of work as described in the PWS, 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

· 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 PWS.

Corporate/Team Experience The offeror shall summarize its corporate experience (including results) with providing overnight accommodations services 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 shall 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 overnight accommodations services 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 overnight accommodations services 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 overnight accommodations services 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 prior to August 24, 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 each overnight accommodation as referenced in the chart immediately below that they can accommodate.

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

OPTION PERIOD 1 (FIRST SIX-MONTH OPTION)

OPTION PERIOD 2 (SECOND SIX-MONTH OPTION)

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 vendor 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(s) whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors 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 Section 4 of the Performance Work Statement ‘Summary of Requirements’. 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.

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 12 utilizing modified tradeoff procedures outlined in FAR Part 15.

The Government anticipates awarding a multiple firm-fixed price contract to the responsible offeror(s) whose proposal(s) 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- Evaluation – Commercial Items.

In performing its trade off analysis, the Government will assess the offeror’s relative strengths, deficiencies, weakness, and risks.

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 accurate and completed.

The Government reserves the right to evaluate proposals and award contracts without discussions with the offerors. Evaluations may be based on the offeor’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 performed;

2) reflect a clear understanding of the requirements;

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 offerors. The Government will also consider the quality of the Contractor’s relevant past performance.

Offersors with no past performance will result in an assignment of a neutral/unknown confidence rating, which will indicated neither a FAVORABLE nor UNFAVORABLE evaluation rating. In addition, if a Joint Ventures (JV) does not 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.

7. Best Value Determination The Government intends to award multiple contracts to the responsible offerors whose proposals represent the overall best value, considering price and non-price factors and their relative importance.

8. Task orders will be placed on a competitive basis, with the price proposed in the basic contract as the ‘ceiling price’ for that contract.

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 (July 2005)

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

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

1752.224-70 Protecting Personally Identifiable Information (Nov 2012)

(a) Applicability

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

(b) Definition of Personally Identifiable Information (PII)

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

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

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

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

· Responsible for ensuring portable data storage and communication devices are properly controlled and secured at all times and ensuring the use FIPS 140-2 compliant encryption to protect information stored on digital media during transport outside of OPM controlled areas.

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

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

(e) OPM has a policy protecting, and when appropriate, restricting sending, copying or moving PII from the OPM network. Therefore, if the contract employees must send PII, it is the responsibility of the contractor to ensure the PII is not inadvertently disclosed to unauthorized individuals. PII must not be sent in the body of an email. Attachments containing PII must be encrypted.

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

All security incidents that involve OPM information or information systems must be reported to the OPM Situation Room. Contractors must also report incidents to the OPM Contracting Officer. This reporting must occur immediately upon discovery of the incident. Incidents and breaches must be reported, even if it is believed the breach is limited, small, or insignificant. OPM’s IT security experts will determine when a breach needs additional focus and attention. The OPM Situation Room is available 24 hours per day, 365 days per year. Report the breach to the OPM Situation Room and the Contracting Officer either by phone or by e-mail; however, be sure NOT to include PII in the e-mail.

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

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

3. If you have questions regarding these procedures, contact the Contracting Officer.

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

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

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

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

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

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

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

1752.232-71 Method of Payment (July 2005)

(a) 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.

(c) Any changes to the information furnished under paragraph (b) of this clause shall be furnished to the Contracting Officer in writing at least 30 days before the effective date of the change. It is the Contractor’s responsibility to furnish these changes promptly to avoid payments to erroneous addresses or bank accounts.

(d) The document furnishing the information required in paragraphs (b) and (c) must be dated and contain the signature, title, and telephone number of the Contractor official authorized to provide it, as well as the Contractor's name and contract number

1752.232-74 Providing Accelerated Payment to Small Business Subcontractors (July 2012)

(a) This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012. (Note: OMB Policy Memorandum M-12-16 is accessible on line at: http://www.whitehouse.gov/sites/default/files/omb/memoranda/2012/m-12-16.pdf.)

(b) Upon receipt of accelerated payments from the Government, the contractor is required to pay all small business subcontractors on an accelerated timetable to the maximum extent practicable after receipt of invoice and all proper documents.

(c) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business.

1752.233-70 OPM Protest Procedures (Dec 2010)

(a) An interested party who files a protest with OPM has the option of requesting review and consideration of the protest by either the Contracting Officer (CO) or the Senior Procurement Executive (SPE). The protest must clearly indicate the official to whom it is directed.

(b) If the protest is directed to the SPE, a copy of the protest must be sent to the Director of the Contracting Group at the same time the protest is filed with the CO in accordance with FAR 52.233-2. The address of the Director of the Contract Group is:

(c) Review and consideration of a protest by the SPE is an alternative to review and consideration by the CO.

1752.237-70 Non-Personal Services (July 2005)

(a) As stated in the Office of Federal Procurement Policy Letter 92-1, dated September 23, 1992, Inherently Governmental Functions, no personal services shall be performed under this contract. No Contractor employee will be directly supervised by the Government. All individual employee assignments, and daily work direction, shall be given by the applicable employee supervisor. If the Contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor must promptly notify the Contracting Officer of this communication or action.

(b) The Contractor must not perform any inherently Governmental actions under this contract. No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No Contractor employee may state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with the contract, Contractor employees must identify themselves as Contractor employees and specify the name of the company for which they work. In all communications with other Government Contractors in connection with this contract, the Contractor employee must state that they have no authority to in any way change the contract and that if the other Contractor believes this communication to be a direction to change their contract, they should notify the Contracting Officer for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer.

(c) The Contractor must insure that all of its employees working on this contract are informed of the substance of this clause.