OPM3613R0001_Shared_List_of_People_with_Disabilities_final.pdf

OPM3613R0001

United States Office of Personnel Management

Solicitation: OPM3613R0001

Title: Shared List of People with Disabilities

Issued: April 3, 2013

COMBINED SYNOPSIS / SOLICITATION 3

STATEMENT OF OBJECTIVES 6

OPM SPECIFIC CLAUSES 13

INSTRUCTIONS TO OFFERORS 26

FAR 52.212-1, Instructions to Offerors-Commercial Items (FEB 2012) 26

Preparing Volume I – Technical Proposal 26

Preparing Volume II – Pricing Proposal 31

EVALUATION FACTORS FOR AWARD 34

FEDERAL ACQUISITION REGULATION (FAR) CLAUSES 38

LIST OF ATTACHMENTS 45

Attachment 1 - Contractor Staffing Change Report 46

Attachment 2 – Past Performance Questionnaire 47

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 OPM3613R0001 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) 2005-66 dated February 28, 2013.

The North American Industrial Classification System (NAICS) code is 561311, and the small business size standard is $25.5 million. This procurement is being reserved exclusively for Small Businesses in accordance with FAR Part 19.5.

The U.S. Office of Personnel Management’s (OPM) mission is recruiting, retaining, and honoring a World-Class Workforce to serve the American people. In support of this mission, OPM’s Office of Diversity & Inclusion’s (ODI) is seeking to increase the employment of people with disabilities into positions within the federal government.

OPM is seeking to increase the employment of people with disabilities into positions within the federal government, to satisfy President Obama’s Executive Order 13548, Increasing Federal Employment of Individuals with Disabilities. OPM currently has a database application on the MAX Federal Community, the OPM Shared List of People with Disabilities (the Shared List).

On a monthly basis, the contractor shall be required to recruit, screen, and direct 30 candidates with disabilities per month to the Shared List, in the 10 designated job classifications of:

accountant, budget analyst, contact representative, contract specialist, human resources specialist, human resources assistant, financial management specialist, information technology specialist, secretary, and miscellaneous clerk/assistant. Additionally, the contractor shall be required to provide customized referral services for 3 positions per month, as designated by OPM, and shall be required to provide candidates with other job classifications at the discretion of OPM.

OPM intends to award one Firm Fixed Price contract to the offeror that represents the best value to the government. The Period of Performance (POP) shall be five years (base year and four (4) one-year option periods). The base period will begin on or near the date of award. The anticipated award date is on or about May 15, 2013.

COMBINED SYNOPSIS / SOLICITATION

IMPORTANT DUE DATES:

1. Proposal Response Due Date

Proposals shall be received no later than 2:00 PM Eastern Standard Time (EST), April 25, 2013. 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 Vito.Bertucci@opm.gov. Offerors are solely responsible for ensuring their proposals are received at the designated time and place for receipt of proposals.

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

2. Communications and Questions

All communications and questions concerning this solicitation including requests for clarification shall be made in writing to Vito.Bertucci@opm.gov. All questions and OPM’s response will be included via solicitation amendment and provided to all offerors via posting on www.fbo.gov.

Same/similar questions will be grouped together for a single response Responses to questions will not reference the inquiring interested vendor.

The due date for communications and questions concerning this solicitation are due NO LATER THAN 12:00 P.M. Eastern Standard Time on April 10, 2013. Electronic submission of questions and comments shall be emailed to Vito.Bertucci@opm.gov. Electronic mail attachments, if included, shall be prepared using Microsoft Word 2007 and lower.

For submission of questions and comments, refer to the specific text of this solicitation. Use the following header in the email subject line.

Subject: RFP No. OPM3613R0001 – Shared List of People with Disabilities Reference: RFP Section , Paragraph(s) , Page(s) .

As soon as an offeror is aware of any problem or ambiguity in the specifications, terms or conditions, instructions or evaluation criteria of this solicitation, they must notify the OPM Contract Specialist via email to Vito.Bertucci@opm.gov.

Note: Communications with officials other than the OPM Contracting Officer / Contracting Specialist may compromise the competitiveness of this acquisition and result in the cancellation of the solicitation and/or exclusion of your proposal. All communications MUST be in writing and submitted via email to Vito.Bertucci@opm.gov.

Vendors not registered or whose registration aren't active in the System for Award Management (SAM) database by April 25, 2013 will not be considered for award. Vendors may register with SAM by calling 1-866-606-8220, or by accessing www.sam.gov.

1. BACKGROUND

The U.S. Office of Personnel Management’s (OPM) mission is recruiting, retaining, and honoring a World-Class Workforce to serve the American people. In support of this mission, OPM’s Office of Diversity & Inclusion’s (ODI) is seeking to increase the employment of people with disabilities into positions within the federal government.

2. SCOPE

OPM is seeking to increase the employment of people with disabilities into positions within the federal government, to satisfy President Obama’s Executive Order 13548, Increasing Federal Employment of Individuals with Disabilities. OPM currently has a database application on the MAX Federal Community, the OPM Shared List of People with Disabilities (the Shared List).

On a monthly basis, the contractor shall be required to recruit, screen, and direct 30 candidates with disabilities per month to the Shared List, in the 10 designated job classifications of:

accountant, budget analyst, contact representative, contract specialist, human resources specialist, human resources assistant, financial management specialist, information technology specialist, secretary, and miscellaneous clerk/assistant. Additionally, the contractor shall be required to provide customized referral services for 3 positions per month, as designated by OPM, and shall be required to provide candidates with other job classifications at the discretion of OPM.

3. SUMMARY OF REQUIREMENTS

The contractor shall be required to, but is not limited to the following:

A. Recruit, screen and submit a minimum of 30 qualified candidates with disabilities per month, to the Shared List, located on the MAX Federal Community. To support this effort, the contractor shall be required to, but is not limited to the following:

Employ a thorough knowledge of the disability community, and extensive referral and outreach network partners to enable connections with highly qualified individuals with disabilities;

Recruit, pre-screen, and match candidates with disabilities, based on designated skills, education and experience requirements;

Work with candidates to ensure their federal resume demonstrates sufficient detail regarding education, skills and experience;

Communicate the requirements to candidates with disabilities to ensure proper documentation is secured to comply with the Schedule A appointment authority processes;

STATEMENT OF OBJECTIVES

Design, test, implement and maintain accessible web-based applications on the MAX.gov Federal Community website in collaboration with the Office of Management and Budget (OMB) and in accordance with OMB’s required updates;

Maintain a database of candidates on the MAX.gov Federal Community; candidate data entered and maintained includes contact information, resume, geographic preferences, job occupation qualifications, education, clearance information, and Veterans status;

Maintain contact with active candidates and revise information on MAX.gov as candidate information changes;

Answer email and phone questions from the Shared List users, regarding the Shared List processes, MAX.gov functionality and Schedule A hiring processes.

B. Recruit, screen and submit a minimum of two to three qualified candidates for three positions per month designated by OPM. The identified positions within the customized referral service may not be restricted to the 10 designated job classifications within the Shared List scope, but will be restricted to the top 50 metropolitan statistical areas.

Additionally, the positions will be for candidates seeking early-career or intermediate-level positions. To support this effort, the contractor shall be required to, but is not limited to the following:

Discuss the details of the position with the federal agency, gaining an understanding of the specific screening criteria required, including skills, education, experience, and geographical area;

Search and review candidates from the Shared List to determine those who are qualified for the position;

Search, recruit and pre-screen additional candidates that satisfy the position requirements to identify sufficient candidates for the customized referral position;

Submit two to three qualified candidates to the federal agency contact;

Apply any new candidates recruited to the Shared List on the MAX Federal

Community;

Discuss reasonable accommodations and assistive technology requirements for the interview process;

Provide additional information and general support to the federal agency contact assigned to each customized referral, including accommodation support and assistance in contacting the candidate to schedule interviews.

C. Disclose to OPM, as requested, the recommended reasonable accommodations required for the interview process, as identified by the applicant to the contractor, for those candidates that OPM considers minimally qualified, who will be a part of the Shared List process. It is understood that OPM or the federal agency accessing the Shared List will provide reasonable accommodations during the applicant hiring process.

D. Track all candidates submitted to the Shared List, beginning with resume submittal to actual hiring. Additionally, the contractor shall attend weekly conference calls with OPM’s point of contact.

E. Work with OPM to create, disseminate and collect an evaluation from candidates shortly after they have been submitted to the Shared List, assessing the candidates experience with the contractor. The contractor shall work with OPM to create, disseminate and collect a similar evaluation from agencies utilizing the customized referral service shortly after the candidates have been submitted to the federal agency, assessing the point of contacts experience with the contractor. The evaluations will be included in the contractor’s monthly reports.

F. Submit monthly status reports documenting the number of candidates with disabilities submitted to the Shared List, as well as to the federal agency contacts for each of the customized referral efforts, the number of job offers issued, evaluation’s and other status information to OPM by the 15th of every month.

4. DELIVERABLES

4.1 The contractor shall provide disability recruitment services for OPM’s effort to increase the competitive employment of Americans with disabilities in the federal government. The services to be delivered include, but are not limited to the following:

Submit a minimum of thirty (30) qualified applicants with disabilities per month.

Submit a minimum of two to three qualified candidates for three positions per month designated by OPM.

Submit monthly status reports documenting the number of candidates with disabilities submitted, the number of job offers issued, evaluation data and other status information to the OPM by the 15th of every month.

Current Key Personnel Contract Report

4.2 The contractor shall provide a listing of Key Personnel and contact information within 15 days of contract award, within 15 days of any change in Key Personnel, and annually to coincide with exercise of contract option periods. Key Personnel has been identified as follows:

• Project Manager

4.3 The contractor shall provide a Contractor Staff Change Report no later than the fifth day of each month for all contractor staff member who has access to OPM's Information Technology System.

5. CONTRACT AWARD DELIVERABLES CHART

Pre Contract Award

Contract Deliverable Description

When Delivery is Due RFP Section

Key Personnel Part of proposal in response to solicitation

4.4 of the Statement of Objectives

Quality Assurance Surveillance Plan relative to contract level deliverables

Part of proposal in response to solicitation

9 of the Statement of Objectives

Post Contract Award

Contract Deliverable Description

When Delivery is Due RFP Section

Current Key Personnel Contact Report

Within 15 days of contract award, within 15 days of any change in contract level Key Personnel, and annually to coincide with exercise of contract option periods

OPM Specific Clause

1752.209-71

VETS – 100/100A Report No later than September 30th of each contract year

OPM Specific Clause

1752.222-71

Redacted electronic copy of base contract

No later than five business days after contract award

OPM Specific Clause

1752.224-71

Contractor Staff Change Report

By the 5th date of each month throughout the contract period

OPM Specific Clause

1752.239-72

6. PERIOD OF PERFORMANCE

The Period of Performance (POP) shall be five years (base year and four (4) one-year option periods). The base period will begin from the date of award.

7. PLACE OF PERFORMANCE

OPM anticipates that the services will be performed at the offeror’s facility.

8. AWARD TYPE

The government intends to issue a firm fixed price contract as a result of this solicitation.

9. QUALITY ASSURANCE SURVEILLANCE PLAN

Note: the following 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-

a) Describe the requirements in terms of results required rather than the methods of performance of the work;

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

c) 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

d) Include performance incentives where appropriate.

Offerors must complete the QASP as part of their proposal. A description of the columns and information to be entered follows below. We will use the information provided as part of our evaluation of your offer.

(1) Deliverable: One of the deliverables described in the “Deliverables” section above.

(2) Performance Standard: The level of performance which the Government considers acceptable. A good performance standard in general should:

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.

(3) Acceptable Quality Level: The range of deviation—if any—in which the Government will consider performance to be acceptable. Each offeror must propose an Acceptable Quality Level (AQL) for each performance standard for each deliverable. If the selected offeror fails to achieve stated AQLs, OPM will reduce the offeror’s payment for the services rendered in accordance with the disincentive formula. You must enter the AQLs for each deliverable in the Performance Requirements Summary Template (chart below) for each deliverable that has a performance standard.

(4) Monitoring Method:

(a) This is the method OPM will use to monitor performance and determine the extent to which performance has met the standard. Offerors are encouraged to propose a sound process for verifying the accuracy of performance data on a continuing or recurring basis. Regardless of the method or degree of monitoring, we reserve the right to audit all performance data to independently verify its accuracy.

(b) In general, we prefer monitoring methods that automatically capture measurements as part of the process and do not place a burden on either the offeror or OPM to collect and analyze data.

(5) Incentive / Price Reduction:

(a) For each AQL, your proposal must specify a maximum price reduction that will take effect if you fail to meet the AQL. The proposal must 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 consider proposals that include additional incentives for performance that exceeds the AQL. These incentives may be either monetary or non-monetary.

(i) For monetary incentives, your price proposal must 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. You must specify a maximum incentive payment that we will not be required to exceed, regardless of your performance.

(ii) 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 Letters of appreciation to individual employees, which may translate to bonuses Use trade space for licensing, access to agency officials, etc.

Use those FAR clauses that can be negotiated to your advantage

(c) Your selection of AQLs, incentive formula and price reduction formula will be important to our evaluation. Your response must specify the proposed method for measuring your performance against each performance standard, which we will compare to relevant industry benchmarks.

Deliverable Performance Standard

Acceptable Quality Level

(AQL)

Monitoring Method

Performance Incentive/ Reduction

Submit a minimum of thirty (30) qualified applicants with disabilities per month.

Submit a minimum of two to three qualified candidates for three positions per month designated by

OPM.

Submit monthly status reports documenting the number of candidates with disabilities submitted, the number of job offers issued, evaluation data and other status information to OPM by the 15th of every month.

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 startup 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.

OPM SPECIFIC CLAUSES

(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 the contractor to remove contractor employees from working on this contract 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.

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.

1752.223-71 Environmentally Preferable Products and Services (Feb 2013)

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

(b) By signing this offer or contract, the contractor will be deemed to have signed and agreed that all goods and services provided under this contract will comply with the above requirements of Executive Order 13514.

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.

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

(1) Full Name (where practicable), title, telephone number, and complete mailing address of responsible official(s):

(i) to whom check payments are to be sent, and

(ii) who may be contacted concerning the bank account information requested below.

(2) The following bank account information required to accomplish wire transfers:

(i) Name, address, and telegraphic abbreviation of the receiving financial institution.

(ii) Receiving financial institution's 9-digit American Bankers Association (ABA) identifying number for routing transfer of funds. (Provide this number only if the receiving financial institution has access to the Federal Reserve Communications System.)

(iii) Recipient's name and account number at the receiving financial institution to be credited with the funds. If the receiving financial institution does not have access to the Federal Reserve Communications System, provide the name of the correspondent financial institution through which the receiving institution receives electronic funds transfer messages. If a correspondent financial institution is specified, also provide:

(A) Address and telegraphic abbreviation of the correspondent financial institution.

(B) The correspondent financial institution's 9-digit ABA identifying number for routing transfer of funds.

(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.

1752.232-73 Small Business Invoice Requirements (October 2012)

(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 and contract line item number).

(4) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

(5) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

(6) Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

(7) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

(8) Taxpayer Identification Number (TIN). The contractor must include its TIN on the invoice only if required by agency procedures. (See 4.9 TIN requirements.)

(9) Electronic funds transfer (EFT) banking information.

(i) The contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), or applicable agency procedures.

(ii) The last four digits of the contractor’s bank account must be shown on each invoice submitted for payment. This information will be used as a cross-reference in situations where the EFT banking information in the Central Contract Registration is suspect.

(iii) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(10) The vendor’s certification that their EFT banking information in the Central Contractor Registration is current, accurate and complete as of the date of the invoice.

(11) Any other information or documentation required by the contract (e.g., evidence of shipment).

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

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

SmallBusinessInvoices@opm.gov

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

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

<Contractor name>&<Invoice no>&<Amount>&<Contract Number>/<Call or Order Number>

Example:

ABC Co&AB-1298433&10000.00&OPM00-00-X-0000/X0000

(e) Payment due dates will only be calculated from the date that invoices are received in the Small Business Invoice e-mail box.

(f) Inquiries regarding payment of invoices should be e-mailed to InvoiceInquiries@opm.gov. The relevant invoice must be attached to the inquiry e-mail, and the subject line of the e-mail must state “INQUIRY,” followed by the information described in paragraph (d) above.

Example:

INQUIRY: ABC Co&AB-1298433&10000.00&OPM00-00-X-0000/X0000

Do NOT use the Prompt Pay e-mail box for inquiries.

(g) If the supplies, services, technical or other reports are rejected for failure to conform to the technical requirements of the contract, or for damage in transit or otherwise, the invoice will be rejected and returned to the Contractor.

1752.232-74 Providing Accelerated Payment to Small Business Subcontractors (Oct 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:

William N. Patterson, Director Contracting Group, FSC U.S. Office of Personnel 1900 E Street N.W., Room 1342 Washington, DC 20415

(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. Nothing in this clause limits the Government's rights in any way under any other provision of the contract, including those related to the Government's right to inspect and accept the services to be performed under this contract. The substance of this clause must be included in all subcontracts at any tier.

1752.239-70 Internet Protocol Version 6 (IPV6) (Nov 2012)

In accordance with OPM CIO Directives, this acquisition requires all functionality, capabilities and features to be supported and operational in both a dual-stack IPv4/IPv6 environment and an IPv6 only environment. Furthermore, all management, user interfaces, configuration options, reports and other administrative capabilities that support IPv4 functionality will support comparable IPv6 functionality. Respondents are required to include in their response a letter of self-certification that their product has been tested in both a dual-stack

IPv4/IPv6 and IPv6 only environment and meets this requirement.