OPM3312R0002_0001.pdf

OPM3312R0002/0001

United States Office of Personnel Management

Solicitation: OPM3312R0002/0001

Title: Medical Disability Review Services

COMBINED SYNOPSIS / SOLICITATION 3

STATEMENT OF OBJECTIVES 5

OPM SPECIFIC CLAUSES 15

ATTACHMENTS 30

Attachment 1 - Medical Consultant Evaluation Sheet 30

Attachment 2 - Notice of Availability 32

Attachment 3 - Valid License Certification 33

Attachment 4 - Contractor Staffing Change Report 34

INSTRUCTIONS TO OFFERORS 35

FAR 52.212-1, Instructions to Offerors-Commercial Items (FEB 2012) 35

Instructions for Preparing the Technical Portion of the Proposal 35

Past Performance Instructions 38

Instructions for Preparing the Business Portion of the Proposal 39

TECHNICAL EVALUATION METHODOLOGY 43

FEDERAL ACQUISITION REGULATION (FAR) CLAUSES 46

FAR 52.212-3 - Offeror Representations and Certifications – Commercial Items (APR 2012) 46

FAR 52.212-4 - Contract Terms and Conditions - Commercial Items (FEB 2012) 46

FAR 52.212-5 -Contract Terms and Conditions Required to Implement Statutes or Executive 46 Orders - Commercial Items. (MAY 2012)

FAR 52.217-8 - Option to Extend Services (NOV 1999) 51

FAR 52.217-9 - Option to Extend the Term of the Contract (MAR 2000) 51

FAR 52.232-18 - Availability of Funds (APR 1984) 52

FAR 52.237-3 - Continuity of Services (JAN 1991) 52

QUESTIONS AND ANSWERS 53

Section/Title TABLE OF CONTENTS Page

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

The Solicitation number is OPM3312R0002 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) 2005-58 dated May 18, 2012.

The North American Industrial Classification System (NAICS) code is 524291, and the small business size standard is $7 million. This procurement is being reserved exclusively Small Businesses in accordance with FAR Part 19.

The U.S. Office of Personnel Management (OPM), Disability, Reconsideration, and Appeals (DRA) located in Washington, DC is responsible for determining whether employees are eligible for disability retirement and whether disabled children are eligible for continued benefits. DRA is also responsible for determining whether disability retirement applications submitted by employees who are covered under the Civil Service Retirement System (CSRS) and the Federal Employees Retirement System (FERS) meet the eligibility requirements for disability retirement benefits.

In support of this mission, DRA needs to acquire a contractor to provide medical consultative services. The contractor shall review and make recommendations on disability retirement cases, make determinations and recommendations on extending survivor and/or health insurance benefits to children incapable of self support, provide medical consultative services on cases of usual difficulty, and train DRA staff.

OPM anticipates awarding a Fixed Price Contract as a result of this solicitation. The Period of Performance (POP) shall be five years (base year and four (4) one-year option periods). The base period will begin on October 1, 2012. The anticipated award date is on or about September 15, 2012.

Only e-mailed requests for additional information will be accepted at Vito.Bertucci@opm.gov through 12:00 PM, EST, August 2, 2012.

Technical and Pricing proposals MUST be in two separate volumes. 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. If your technical and price proposal is not

COMBINED SYNOPSIS / SOLICITATION

submitted in two separate files, your response to this solicitation will be considered non-responsive and withdrawn from consideration.

Interested offerors must submit their technical and price proposals to the OPM’s Contracting Group by 3:00 PM Eastern Standard Time (EST), August 29, 2012. A copy of the technical and price proposal shall be submitted as two (2) separate files on a USB Flash drive to:

Office of Personnel Management ATTN: Vito F. Bertucci (SOL # OPM3312R0002) 1900 E Street NW, Room 1342 Washington, DC 20415

In addition to the USB Flash drive, offerors are required to submit technical and prices proposals in separate files via email to: Vito.Bertucci@opm.gov.

Note: communications with other officials may compromise the competitiveness of this acquisition and result in the cancellation of the requirement.

Vendors not registered in the System for Award Management (SAM) database and not registered in the VETS-100 database at the time the requirement is to be awarded will not be considered.

Vendors may register with SAM by calling 1-866-606-8220, or by accessing www.sam.gov.

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.

1. BACKGROUND:

The U.S. Office of Personnel Management (OPM), Disability, Reconsideration, and Appeals (DRA) located in Washington, DC is responsible for determining whether employees are eligible for disability retirement and whether disabled children are eligible for continued benefits. DRA is also responsible for determining whether disability retirement applications submitted by employees who are covered under the Civil Service Retirement System (CSRS) and the Federal Employees Retirement System (FERS) meet the eligibility requirements for disability retirement benefits.

2. SCOPE:

In support of this mission, DRA needs to acquire a contractor to provide medical consultative services. The contractor shall review and make recommendations on disability retirement cases, make determinations and recommendations on extending survivor and/or health insurance benefits to children incapable of self support, provide medical consultative services on cases of usual difficulty, and train DRA staff.

3. APPLICABLE CONDITIONS:

Physicians providing services under this contract must comply with the following minimum requirements.

3.1 Licensure

All physicians providing services under any resultant contract shall be licensed to practice medicine in a state in the United States of America, the District of Columbia, Puerto Rico, Guam or the Virgin Islands. Copies of licenses of physicians to perform work under the resultant contract shall be provided with the proposal. In addition, offerors are required to submit Attachment 3 – Valid License Certification as part of their proposal.

3.2 Medical Specialties

For disability retirement cases OPM prefers that physicians performing work under the resultant contract be specialized in occupational medicine.

STATEMENT OF OBJECTIVES

3.3 Availability

Notwithstanding the fact that work beyond the minimum quantities specified at the time of contract award may not be provided during the contract period, each physician performing the work must be available to render services a minimum of 10 hours per week. Each offeror must complete and submit Attachment 2 - Notice of Availability, with their proposal. If a group practice or hospital is proposing to provide the services, a notice of availability must be completed on each physician within the group who will be performing the work.

3.4 Required Training in Specialty

a. Membership in the American Board for the specialty (e.g., American Board of Occupational Medicine); or

b. A minimum of 4 years of progressive post-graduate education in an accredited program in the specialty that can be applied towards board certification.

3.5 Proficiency in the English Language

The offeror must be capable of providing an acceptable, understandable written document addressing the medical issues relative to the disability program that have arisen as a result of the case review(s). Graduation from an accredited medical school in an English speaking country or 5 years of clinical experience in an English speaking country are two examples that will satisfy this requirement.

3.6 Location of facilities

Offerors' facilities must be located within the metropolitan Washington, DC area.

4. GOVERNMENT FURNISHED PROPERTY/ INFORMATION:

The Government will furnish the contractor with the following:

Reasonable work space within Disability, Reconsideration, and Appeals for the contractor to provide the work required

Computer, desk, and chair

Access to all machines necessary (e.g., telephone, copiers, faxes, scanners, etc.) to complete the work required

Disability Retirement Case Files, Envelope packages of medical documentation for Accommodation Recommendations and Disabled Parking Reviews

Dual-combination locked rolling boxes for transport of cases.

5. SUMMARY OF REQUIREMENTS:

5.1. Review and Make Recommendations on Disability Retirement Cases

The contractor shall provide a physician that shall review available medical documentation and the individual's position description associated with the disability retirement case and shall provide an advisory opinion as to whether the individual is disabled; i.e., is able to perform the essential duties of the position, and if not, is likely to remain incapable of such performance for one year from the date of the application (see Attachment 1 – Medical Consultant Evaluation Sheet for the type of information that would be helpful to be addressed on a disability case review). The physician shall base the review on the following documents: Applicant's Statement of Disability, Physician's Statement and/or other medical evidence and records, Position Description, and pertinent retirement records. The review will not involve physician/applicant contact.

The contractor will be assigned disability retirement cases involving impairments within the physician's medical specialty or may be assigned cases based on the workload on hand without regard to medical specialty. Additionally, the physician or contracting company will be assigned cases involving multiple impairments.

5.2. Provide Medical Consulting Services

The contractor shall provide consulting services to the staff of Disability, Reconsideration, and Appeals. They may be required to provide consulting service in regard to cases of unusual difficulty for the Disability and Appeals Branches in Disability, Reconsideration, and Appeals.

Consultation in the development of OPM policies as they relate to the medical aspects of the disability retirement process may be required. For example, OPM may ask the contractor to comment and/or assist with an effort to improve the efficiency of the disability review processes.

5.3. Provide On-site Medical Consulting Services

The contractor may be required to provide the services of one physician on-site at OPM, 1900 E Street, N.W., Washington, DC, Room 3468 for a minimum of ten hours per week. This physician shall provide consulting medical review services in the review of high priority and/or sensitive disability applications. When there is no priority case review work, the on-site physician may be required to perform the work under Section 5.1 of the Statement of Objectives

(Review and Make Recommendations on Disability Retirement Cases). OPM will provide reasonable work space to the physician.

5.4. Train Disability and Insurance Programs Staff

On an as-needed basis, the contractor shall train the Disability and Appeals Branches’ regarding various medical issues. To prepare for the delivery of such training, the contractor may be asked to periodically review a sample of finalized cases to determine if appropriate decisions are being rendered.

5.5. Accommodation Reviews

On an as-needed basis, the contractor shall perform accommodation reviews for the Office of Human Resources and review disability parking applications for the Security Office.

5.6. Consulting Services for Other Government Agencies

On an as-needed basis, the contractor shall work with other Government agencies, located in the Washington, DC metropolitan area, on issues related to the disability program and requirements to meet established criteria as specified by OPM, Disability, Reconsideration and Appeals.

6. STANDARDS OF PERFORMANCE

The contractor shall maintain a satisfactory quality level of performance when reviewing disability case files and disputed health benefits claims. The Contracting Officer's Representative is responsible for evaluating the contractor's performance based upon the quality, timeliness and quantity of the contractor's work as defined below:

a. Quality - For each case reviewed, gives complete answers to standard set of questions.

"Complete" is defined as not only listing conclusions, but explaining the basis for those conclusions in language that an average lay person can understand. Explanation of the rationale and supporting information for conclusions should be in terms of clinical findings, objective as well as subjective. In addition, the rationale must be accurate. Therefore, the physician must be able to correctly identify and interpret medical documentation, apply medical standards and FEHBP definitions.

b. Timeliness - Completed disability case reviews are returned to OPM with the contractor's conclusions and recommendations to allow or disallow the case with delivery time specified on each work order. Usual delivery time for disability cases reviewed off-site will be two days for each 32 cases. Usual delivery time for disability cases reviewed on-site will be one day for each 16 cases, including priority cases (Congressional interest, Merit Systems Protection Board hearings, etc.).

Normal delivery time for disputed claim medical reviews will be three (3) days for a routine (non-priority) case and one (1) day for a priority case (White House, Congressional or other priority interest). In some situations we may request immediate review of a case and a same day decision.

c. Quantity - The contractor will be assigned cases on each work order (either first time review or re-review for new evidence, and either small, average, or large) which equate to the hours of his/her availability as specified in Attachment 2. The cases are categorized as follows:

First Time Review

Small Case = 1 to 20 pages of documentation - contractor should complete 3 cases per hour.

Average Case = 20 to 35 pages of documentation - contractor should complete 2 cases per hour.

Large Case = 36 or more pages of documentation - contractor should complete 1 case per hour.

Re-review for New Evidence for Disputed Cases

Small Case = 1 to 20 pages of documentation - contractor should complete 4 cases per hour.

Average Case = 20 to 35 pages of documentation - contractor should complete 3 cases per hour.

Large Case = 36 or more pages of documentation - contractor should complete 2 cases per hour.

For disability case review, Contractor recommendations shall be based on criteria that have been previously established (see Attachment 1) and must include factors such as severity of condition, functional impairment and/or other pertinent issues. The contractor must provide satisfactory written documentation in regard to each criteria that is reviewed. Reasons for conclusions must be fully documented as specified by the Contracting Officer's Representative.

After contract award, the contractor will be given training using sample disability retirement cases. At the end of the OPM-provided initial training period of approximately 40 hours, the Contractor is expected to be fully familiar with OPM's disability program and disputed health benefits claims concepts as reflected in Public Law, Regulation, internal procedures, forms, Merit Systems Protection Board rulings, Court rulings, and other program materials. Payment for services during the training period will be compensated on the basis of a work order.

7. DELIVERABLES

The contractor shall provide disability medical review consulting and support services for OPM’s DRA group. The services to be delivered include, but are not limited to the following:

7.1 Disability Case Review:

For each disability application, the physician shall provide a written report which establishes a firm diagnosis and determines whether the evidence supports or refutes the existence of disability. Specifically, the consulting physician shall provide an analysis of the following:

1. Adequacy of the medical evidence.

2. Whether or not the diagnoses are supported by medical evidence.

3. Whether or not the medical condition is so severe as to keep the applicant from performing the essential duties of the position, and why or why not. The consultant shall specifically relate what medical evidence (or lack of evidence) keeps the applicant from performing specific duties or critical elements of the position.

4. Whether or not any restrictions imposed by the applicant's treating physician(s) are supported by the medical evidence.

5. Whether or not the medical condition is likely to last for a year from the date the application is filed.

6. Whether or not recommended or requested accommodations are supported by the medical evidence.

7. Whether there are other pertinent medical issues that OPM should be aware of in the review of the application.

8. What medical evidence is lacking, i.e., what medical evidence that would normally be present to confirm the given diagnosis and/or to provide generally accepted treatment for the condition is lacking.

The report received from the contractor must be in clear, concise language, in MS Word(or equivalent) and capable of being understood by a lay person.

If the applicant's treating physician or medical facility did not provide sufficient clinical findings to support the disability or the restrictions recommended, the contractor shall state this clearly in the report. All conclusions and recommendations of the contractor must be verifiable by consulting recognized medical references (medical experts, medical literature).

In addition, experts reviewing the same case independently should reach the same conclusion as the contractor. Completed documents and forms shall be in MS Word (or equivalent) on Disability and Appeals Branches’ generated forms. Cases requiring narrative summaries, narrative reports, narrative pertinent to training, etc., shall also be in MS Word ( or equivalent).

All case documentation and a copy of the work order shall be returned to OPM with the contractor's written report.

7.2 Brief report write-ups for Accommodations Recommendations for employees of OPM

7.3 Brief report write-ups for Disabled Parking Reviews for the TRB garage at OPM

7.4 On-site training

8. PERIOD OF PERFOMANCE:

Base Period - October 1, 2012 – September 30, 2013 Option Period 1 - October 1, 2013 – September 30, 2014 Option Period 2 - October 1, 2014 – September 30, 2015 Option Period 3 - October 1, 2015 – September 30, 2016 Option Period 4 - October 1, 2016 – September 30, 2017

9. PLACE OF PERFORMANCE:

Work will be conducted at the successful contractor’s facility and OPM Headquarters located at 1900 E Street NW, Washington, DC 20415.

10. AWARD TYPE:

The Office of Personnel Management (OPM) anticipates awarding a Fixed Priced Contract as a result of this solicitation.

11. QUALITY ASSURANCE SURVEILLANCE PLAN:

Offerors must complete the QASP as part of their proposal.

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

i. Describe the requirements in terms of results required rather than the methods of performance of the work;

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

iii. Specify procedures for reductions of fee or for reductions to the price of a fixed-price contract when services are not performed or do not meet contract requirements; and Include performance incentives where appropriate.

b. The QASP will be in the form of a matrix, as shown at the end of this section.

Following is a description of the elements contained in a QASP:

i. Deliverable: One of the deliverables described in the “Deliverables” section above.

ii. Performance Standard: The level of performance which the Government considers acceptable. A performance standard in general will:

Measure important things;

Be simple, but not too simple;

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

Attainable and worth the cost;

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

Be consistently combined with other measures to reflect corporate priorities; and Be controlled by the contractor.

The following performance standards represent the measures OPM considers appropriate to the performance evaluation of the deliverables and services that OPM expects to receive from the business transformation and information technology provider.

Timeliness of deliverable(s) completion.

Degree of accuracy obtained regarding technical compliance of deliverable(s).

Level of completeness with respect to deliverable(s).

Degree of Quality attained with respect to deliverable(s).

Specific performance standards will be developed at the issuance of each call.

Specific examples include:

Performance criteria for a training evolution may be measured against level of knowledge retained by stakeholders that are trained.

Performance criteria for Supporting Information Technology may measure percentage of re-work required after initial system implementation.

iii. Acceptable Quality Level (AQL): The range of deviation—if any—in which the Government will consider performance to be acceptable.

iv. Monitoring Method

This is the method OPM will use to monitor performance and determine the extent to which performance has met the standard. In general, we prefer monitoring methods that automatically capture measurements as part of the process and do not place a burden on either the contractor or OPM to collect and analyze data. Regardless of the method or degree of monitoring, we reserve the right to audit all performance data to independently verify its accuracy.

v. Incentive / Price Reduction

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

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

(c) For monetary incentives, we will specify a formula or set of decision criteria that we can use to calculate additional incentive payments to you.

These incentive payments will only take place if you perform above the AQL. We will specify a maximum incentive payment that we will not be required to exceed, regardless of your performance.

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

Revised schedule Reduced oversight Positive performance evaluation Automatic extension of contract term or option exercise (FAR Part 17 still applies) Lengthened contract term (award term contracting) or purchase of extra items (award purchase) Publish article(s) in agency newsletter or speak at agency seminars Use those FAR clauses that can be negotiated to your advantage

Deliverable Performance Standard

Acceptable Quality Level

(AQL)

Monitoring Method

Incentive / Price Reduction

10.1 Disability

Case Reviews

10.2 Brief report

write-ups for Accommodations Recommendation s for employees of OPM

10.3 Brief report

write-ups for Disabled Parking Reviews for the TRB garage at

OPM.

10.4 On-site

training.

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

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

(b) Normal operating hours are 7:00 am to 5:30 pm, Monday through Friday. Meeting task objectives within specific timeframes may require the working of extended/overtime hours.

Any extended hours must be authorized in advance, and certified as worked by the task Government Project Manager(s).

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

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

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

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

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

(e) It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement of compensation except as set forth within the contract. In the event the Contractor's personnel work during the holiday, they may be reimbursed by the Contractor, however, no form of holiday or other premium compensation will

OPM SPECIFIC CLAUSES

be reimbursed either as a direct or indirect cost, other than their normal compensation for the time worked. This provision does not preclude reimbursement for authorized overtime work if applicable to this contract.

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

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

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

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

1752.204-70 Contractor Personnel Security Requirements (Jan 2008)

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

(b) The Government may require security clearances for performance of this contract.

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

(c) The level of classified access required will be indicated on DD-254 or other appropriate form incorporated into each request requiring access to classified information.

Contractors are required to have background investigations for suitability if they occupy positions of trust (e.g., systems administration) even if they do NOT have access to classified information.

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

(e) Contractors are responsible for the security, integrity and appropriate authorized use of their systems interfacing with the Government and or used for the transaction of any and all

Government business. The Government, through the Government's Contracting Officer, may require the use or modification of security and/or secure communications technologies related to Government systems access and use.

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

1752.205-70 Announcement of Contract Award (July 2006)

OPM complies with FAR 5.3, Synopses of Contract Awards, in terms of synopsizing and publicly announcing contract awards. These actions take place at the time of, and not before, the contract is awarded. Contract award, in this case, means signature of the contractual document by the Contracting Officer and forwarding of the contractual document to the contract awardee.

If the contract awardee wishes to make a separate public announcement, the awardee must obtain the approval of the Contracting Officer prior to releasing the announcement, and must plan to make announcement only after the contract has been awarded.

1752.209-70 Contractor Performance Capabilities (July 2005)

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

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

(a) In order to ensure a smooth and orderly start up of work, it is essential that the key personnel specified in the Contractor's proposal be available on the effective date of the contract.

If these personnel are not made available at that time, the Contractor must notify the Government Contracting Officer and show cause. If the Contractor does not show cause, the Contractor may be subject to default action.

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

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

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

Notification will include the reason for requesting replacement personnel.

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

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

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

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

1752.209-73 Standards of Conduct (June 2006)

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

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

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

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

1752.209-74 Organizational Conflicts of Interest (July 2005)

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

(b) The Contractor agrees that if an actual or potential OCI is discovered after award, the Contractor shall make a full disclosure in writing to the Contracting Officer. This disclosure must include a description of actions, which the Contractor has taken or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflict.

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) Consider new company rules and programs, and reevaluating existing programs to prohibit text messaging while driving, and conducting education, awareness, and other outreach for company employees about the safety risks associated with texting while driving.

These initiatives should encourage voluntary compliance with the company’s text messaging policy while off duty.

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

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

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

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

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

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

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

(b) If this contract contains FAR clauses 52.222-37 (Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans) or 52.222- 38 (Compliance with Veterans’ Employment Reporting Requirements), you are reminded that your company must comply with the special reporting requirements described in those clauses.

Your company must submit information on several aspects of its employment and hiring of special disabled and Vietnam era veterans or other veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized. You must submit this information no later than September 30 of each year, in the “Federal Contractor Veterans’ Employment Report” or VETS-100 Report. The U.S. Department of Labor has established a web site for submitting this report. The address is: https://vets100.vets.dol.gov/.

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

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

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

1752.224-70 Protecting Personally Identifiable Information (May 2009)

(a) Applicability

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

(b) Definition of Personally Identifiable Information (PII)

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

(c) Responsibilities for Handling PII

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

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

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

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

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

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

(d) Encryption of Personally Identifiable Information (PII)

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

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

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

(e) Procedures for Reporting a Breach of PII

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

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

(f) Points of Contact

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

sitroom@opm.gov

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

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

Antoinette.Campbell@opm.gov

202-606-4806 202-606-1464

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

helpdesk@opm.gov

(202) 606-4927

TTY (202) 606-1295

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

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

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

(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.

1752.232-70 Invoice Requirements (Dec 2010)

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

(1) Name and address of the contractor.

(2) Invoice date and invoice number. (Contractors should date invoices as close as possible to the date of transmission.)

(3) Contract number or other authorization for supplies delivered or services performed (including order number…