3)_CHRI_SOW.pdf

Scope of Work

OPM1518XXXXX

TABLE OF CONTENTS

SECTION B: SUPPLIES OR SERVICES AND PRICE/COST

B.1 Overview

B.2 Minimum/Maximum Order Limitations

B.3 Contract Line Item Numbers

SECTION C: DESCRIPTIONS / SPECIFICATIONS / SOW

C.1 Introduction and Program Objectives

C.2 Authority

C.3 Scope of Work

SECTION D: PACKAGING AND MARKING

D.1 Packaging

SECTION E: INSPECTION AND ACCEPTANCE

E.1 Assessing Contractor Performance

SECTION F: DELIVERIES OR PERFORMANCE

F.1 Period of Performance

F.2 Place of Performance

F.3 Ordering

F.4 Shipping Destination

F.5 52.247-34 F.o.b. Destination

SECTION G: CONTRACTOR ADMINISTRATION DATA

G.1 Contracting Officer (CO)

G.2 Contracting Officer’s Representative (COR)

G.3 Limitation of Technical Direction from the COR

G.4 Contractor’s Invoices

SECTION H: SPECIAL CONTRACT REQUIREMENTS

H.1 All Items to Become Property of the Government

H.2 OPM-Specific Clauses

SECTION I: CONTRACT CLAUSES

I.1 52.252-02 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)

I.2 52.216-18 Ordering. (OCT 1995)

I.3 52.216-22 Indefinite Quantity. (OCT 1995)

I.4 52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984)

SECTION J: LIST OF ATTACHMENTS

SECTION K: REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

K.1 52.204-8 Annual Representations and Certifications

SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR

RESPONDENTS

L.1 52.216-01 Type of Contract (APR 1984)

L.2 52.233-02 Service of Protest (SEP 2006)

L.3 Instructions for Preparing Proposals

SECTION M: EVALUATION FACTORS FOR AWARD

M.1 General

M.2 Past Performance Technical Evaluation Factor

M.3 Price/Cost Proposal Evaluation

M.4 Method of Award

SECTION B: SUPPLIES OR SERVICES AND PRICE/COST

B.1 Overview

The Office of Personnel Management (OPM) National Background Investigations Bureau (NBIB) is committed to conducting background investigations on individuals (employees or applicants) for federal employment, members of the military, consultants, volunteers and/or contractor personnel for national security purposes. This contract is for criminal history record information in support of background investigations as OPM NBIB obtains criminal history records in order to meet the requirements of the Intelligence Reform and Terrorism Prevention Act of 2004.

B.2 Minimum/Maximum Order Limitations

This Contract is an indefinite delivery/indefinite-quantity firm fixed unit price contract. For a full period of performance, this Contract has a minimum annual guaranteed value of $XXX with a maximum total value of $XXXX over the entire expected life of the contract. This maximum may be increased through bilateral modification. If this Contract is terminated for any reason, the minimum annual guaranteed value will be prorated by month of performance during the fiscal year.

B.3 Contract Line Item Numbers The Contractor shall perform all services as specified in the Statement of Work (SOW), attachments, and references to this contract. Unit prices are listed below.

Performance Period: 10/01/2017 through 09/30/2018 CLIN Description Unit Est Qty Unit Price

001-A Criminal record history information on the OPM NBIB Subject per Search XXX XXX

Performance Period: 10/01/2018 through 09/30/2019

001-B Criminal record history information on the OPM NBIB Subject per

Performance Period: 10/01/2019 through 09/30/2020

001-C Criminal record history information on the OPM NBIB Subject per

Performance Period: 10/01/2020 through 09/30/2021

001-D Criminal record history information on the OPM NBIB Subject per

Performance Period: 10/01/2021 through 09/30/2022

001-E Criminal record history information on the OPM NBIB Subject per

SECTION C: DESCRIPTIONS / SPECIFICATIONS / SOW

C.1 Introduction and Program Objectives

OPM NBIB provides background investigation (BI) products and services to departments and agencies of the federal government. BIs are required to determine an individual’s eligibility for access to classified information, assignment to or retention in positions with sensitive duties, or other designated duties requiring such investigations. The investigations often involve personal and intimate details of an individual’s life and must be processed and conducted with tact and discretion. Information collected by the Contractor, as part of the BIs, is protected under the Privacy Act of 1974.

C.2 Authority

The following authorities provide OPM NBIB and its Agents, the authorization to request and maintain information, depending on the purpose of the investigation: Executive Orders (E.O.s) 9397, 10450, 10577, 10865, 12333, and 12968, as amended; E.O.s 13467, 13488, and 13549; 5 U.S.C. sections 1103, 1302, 1303, 1304, 3301, 7301, 9101, and 11001; 22 U.S.C. sections 272b, 290a, and 2519; 31 U.S.C. section 1537; 42 U.S.C. sections 1874(b)(3), 2165, 2201, and 20132;

50 U.S.C. section 3341; Public Law 108-136; 5 C.F.R. parts 2, 5, 731, 732, 736, and 1400; and Homeland Security Presidential Directive 12 (HSPD 12). Public Law 101-647, Crime Control Act of 1990

C.3 Scope of Work

The Contractor shall provide criminal history information within the available jurisdiction, while appropriately safeguarding the confidentiality of data exchanged as per OPM NBIB terms and conditions.

OPM NBIB will provide the Contractor with the OPM NBIB subject information necessary in order to conduct the criminal history records check via a mailed voucher (INV FORM 44) or via in person (Federal Agent or Contract Investigator).

The Contractor will be required to conduct the search and provide the necessary requested information back to OPM NBIB via the mailed voucher (INV FORM 44) or via in person (Federal Agent or Contract Investigator).

SECTION D: PACKAGING AND MARKING

D.1 Packaging

Preservation, packaging, and packing for shipment or mailing of all work-related materials and products will be in accordance with good commercial practice and adequate to ensure acceptance by common carrier and safe transportation and delivery at destination at the most economical rate(s), or as otherwise directed by OPM.

SECTION E: INSPECTION AND ACCEPTANCE

E.1 Assessing Contractor Performance

If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the Government may -

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

SECTION F: DELIVERIES OR PERFORMANCE

F.1 Period of Performance

The period of performance shall consist of a five year period with task orders on a fiscal year basis from October 1, 2017 to September 30, 2022. The period of performance shall not exceed five (5) years.

F.2 Place of Performance

The work requested under this contract will be conducted at the Contractor’s place of business.

F.3 Ordering

Task Orders will be issued on an as needed basis by the Contracting Office. These orders may be in written or electronic form. At minimum the order will state the following, QTY, Cost, Unit of Issue, Ordering Address, Delivery Address, and Period of Performance.

Payments under this contract will be made by check, Government purchase card, or by wire transfer through the Treasury Financial Communications System.

F.4 Shipping Destination

Unless otherwise specified, the Contractor shall deliver all products furnished hereunder, in hard copy, to the following destination:

U.S. Office of Personnel Management National Background Investigations Bureau PO Box 618, 1137 Branchton Rd Boyers, PA 16018-0618

Based on the determination of the COR, the Contractor shall deliver some projects using special handling, including overnight delivery.

F.5 52.247-34 F.o.b. Destination.

F.O.B. DESTINATION (NOV 1991)

(a) The term “f.o.b. destination,” as used in this clause, means—

(1) Free of expense to the Government, on board the carrier’s conveyance, at a specified delivery point where the consignee’s facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee’s wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or “constructive placement” as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including “piggyback”) is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for “heavy or bulky freight.” When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall— (1)(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

SECTION G: CONTRACTOR ADMINISTRATION DATA

G.1 Contracting Officer (CO)

The CO has the overall responsibility for this Contract. The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify or deviate from the Contract terms, conditions, and requirements. The CO may delegate certain other responsibilities to authorized representatives or Contracting Officer’s Representative (COR).

G.2 Contracting Officer’s Representative (COR) At the time of Contract award, the Contracting Officer will appoint one or more COR, in writing, to provide technical direction and control during Contract performance, monitor the progress of the Contract, and ascertain, for purposes of approval for payment, that the performance of the Contractor is acceptable with respect to content, quality of services and materials, cost, and timeliness.

The COR will not be authorized to change any Contract terms or conditions. That authority is reserved exclusively to the Contracting Officer.

The COR or designated representative is authorized to issue task orders.

G.3 Limitation of Technical Direction from the COR

Performance of work under this Contract will be subject to the technical direction of the COR or a designated representative.

1. Technical direction must be within the scope of Section C [Descriptions / Specifications / SOW] of the Contract. The COR does not have the authority to issue any technical direction which:

2. Constitutes a change of assignment of additional work outside Section C [Descriptions / Specifications / SOW];

3. Constitutes a change as defined in the Contract clause entitled "Changes…" in Section I

[Contract Clauses];

4. In any manner causes an increase or decrease in the Contract price, or the time required for Contract performance;

5. Changes any of the terms, conditions or specifications of the Contract; or

6. Interferes with the Contractor's right to perform under the terms and conditions of the

Contract.

G.4 Contractor’s Invoices

The Contractor will be required to submit a certified invoice for all work completed, prior to payment. Certified invoices may be submitted monthly. A proper invoice must include the following items:

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 mailing or 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, total invoice amount, 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.

a. The Contractor must include EFT banking information on the invoice.

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

a. Invoice Submission

ALL OPM original invoices for work completed in support of the contract, along with any supporting documentation, can either be e-mailed in an electronic format (preferred method) to FISBoyersInvoices@opm.gov or sent to the address below.

U.S. Office of Personnel Management National Background Investigations Bureau 1137 Branchton Rd Boyers, PA 16018-0618 Attn: Acquisition & Administrative Support

i. Inquiries regarding payment of invoices should be directed to

FISBoyersInvoices@opm.gov.

ii. If supplies, services, technical or other reports are rejected for mailto:FISBoyersInvoices@opm.gov mailto:FISBoyersInvoices@opm.gov 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.

b. Supporting Documentation

i. Supporting documentation shall contain an itemized list detailing the OPM NBIB Case Number, OPM NBIB Case Name or the subject’s last name, and corresponding CLIN Amount for each search provided.

1. Supporting documentation is preferred to be submitted electronically in an Excel spreadsheet

ii. Neither the invoice, nor the supporting documentation shall contain any Personally Identifiable Information (PII) to include copies of reports, forms, and/or files.

1. 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.

SECTION H: SPECIAL CONTRACT REQUIREMENTS

H.1 All Items to Become Property of the Government

Title to all materials and work in process acquired or produced by the Contractor for performance under this contract and chargeable thereto as well as title to all source data information and materials furnished to the Government will remain with the Government upon completion of the contract. All items pertaining to the work and services to be performed pursuant to the agreement are the property of the Government during the performance period of the contract, and will remain with the Government upon completion of the contract. The Government will have the full right to use each of these for its purposes without compensation or approval on the part of the Contractor. In addition, upon request from OPM, contractor will provide a full/complete copy of a computer‘s hard drive, complete personnel records (to include training records, travel records, time and attendance records, performance evaluations, conduct, etc.) or any other materials as necessary for an investigation without the need for a subpoena.

H.2 OPM-Specific Clauses

1752.205-70 Announcement of Contract Award (JUL 2006)

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

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

1752.209-74 Organizational Conflicts of Interest (JUL 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 (JUL 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 (JUL 2005)

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

(b) If this contract contains FAR clauses 52.222-37 (Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans) or 52.222-38 (Compliance with Veterans’ Employment Reporting Requirements), you are reminded that your company must comply with the special reporting requirements described in those clauses. Your company must submit information on several aspects of its employment and hiring of special disabled and Vietnam era veterans or other veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized. You must submit this information no later than September 30 of each year, in the “Federal Contractor Veterans’ Employment Report” or VETS-100 Report. The U.S. Department of Labor has established a web site for submitting this report. The address is: http://www.vets100.cudenver.edu.

1752.223-71 Environmentally Preferable Products and Services (JAN 2017)

(a) Executive Order 13693, Planning for Federal Sustainability in the Next Decade, 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 13693.

1752.224-70 Definition of Terms (DEC 2015)

The following definitions apply to this contract:

(a) Information: This term is synonymous with the term Data. Both terms refer to single or multiple instances of any recorded or communicated fact or opinion being stored or transferred in any digital or analog format or medium.

(b) Controlled Unclassified Information (CUI): This term refers to that sub-category of Information where the loss, misuse, or unauthorized access or modification could adversely affect the national interest or the conduct of federal programs, or the privacy to which individuals are entitled under 5 USC Section 552a (the Privacy Act) that has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

(c) Personally Identifiable Information (PII): This term refers to that sub-category of CUI that can be used to distinguish or trace an individual’s identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual.

(d) Information System: This term refers to a system composed of people and equipment that processes or interprets Information.

(e) Information Technology (IT) System: This term refers to that sub-category of Information System composed of hardware, software, data, and networks that processes or interprets Information.

(f) Information Security Incident (ISI): This term refers to any event that includes the known, potential, or suspected exposure, loss of control, compromise, unauthorized disclosure, unauthorized acquisition, or unauthorized access of any Contractor or Government Information or Information Systems.

(g) Record:

(1) For the purpose of Records Management, this term refers to all recorded Information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transactions of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the US Government or because of the informational value of the data in them.

(2) For the purpose of the Privacy Act, this term refers to any item, collection, or grouping of Information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, or criminal or employment history, and that contains the person's name, or the identifying number, symbol, or other identifier assigned to the individual, such as a fingerprint, voiceprint, or a photograph.

(h) System of Records on individuals: This term refers to a group of any Records from which Information is retrieved by the name of the individual or by some identifying number, symbol, or other identifier assigned to the individual.

(i) Operation of a System of Records: This term refers to the performance of any of the activities associated with maintaining the System of Records, including the collection, use, and dissemination of Records.

(j) Privileged User: This term refers to a user that is assigned an organization-defined privileged role that allows that individual to perform certain security-relevant functions that ordinary users are not authorized to perform. These privileged roles include, but are not limited to, IT system development, key management, account management, network and system administration, database administration, and web administration.

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 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.

1752.224-73 Protecting Information (DEC 2015)

(a) Applicability

(1) This clause applies to the Contractor, its subcontractors and teaming partners, and employees (hereafter referred to collectively as “Contractor”).

(2) These requirements are applicable to all Information, regardless of medium, maintained by the Contractor for the performance of this contract.

(3) These requirements are in addition to all applicable requirements established by the

Privacy Act of 1974 (5 U.S.C. 552a); and to all other requirements established by various Federal statutes, mandates, and Executive Orders for the management and security of Information and Information Systems. The following additional requirements should not be construed to alter or diminish civil and/or criminal liabilities provided under the Privacy Act or any other applicable Federal statutes.

(b) Authorization to Handle Controlled Unclassified Information (CUI)

(1) Prior to receiving, collecting, transmitting, storing, using, accessing, sharing, or removing CUI from any approved locations; the Contractor must receive approval in writing from the Chief Information Officer (CIO) through the Contracting Officer (CO) or Contracting Officer’s Representative (COR).

(2) If the Contractor should begin to receive, collect, transmit, store, use, access, or share CUI without appropriate approval, it should be reported as an Information Security Incident (ISI).

(3) Prior to removing CUI from any approved location, electronic device, removable media, or storage container, approval must be received in writing from the CO or

COR.

(c) Authorization to Use Information Technology (IT) Systems

(1) Prior to designing, developing, operating, accessing, or using an IT system that will store or process Information other than general information necessary to manage the contract (such as billing), the Contractor must receive approval in writing from the CIO through the CO or COR.

(2) The time required to obtain approval may be lengthy, and the Contractor should identify this requirement as soon as possible.

(3) If the Contractor should begin to operate, access, or use an IT system without appropriate approval, it must be reported as an ISI.

(d) Retention of Authorizing Documentation

The Contractor must maintain a current and complete file of all documentation authorizing handling of CUI during the period of performance of the contract, unless otherwise instructed by the Contracting Officer. Documentation will be made accessible during inspections or upon written request by the CO or the COR.

1752.224-77 Information Security Incidents (ISI) (Dec 2015)

(a)ISI Reporting Activities

(1) Contractors must report any and all ISI involving OPM Information to the

OPM Security Monitoring Center (SMC) at CyberSolutions@opm.gov, 844- 377-6109. The SMC is available 24 hours per day, 365 days per year.

(2) Contractors must report any and all ISI involving information technology (IT) systems and Controlled Unclassified Information (CUI) immediately upon becoming aware of the ISI but no later than 30 minutes after becoming aware of the ISI, regardless of day or time; regardless of internal investigation, evaluation, or confirmation of procedures or activities; and regardless of whether the ISI is suspected, known, or determined to involve IT systems operated in support of this contract.

mailto:CyberSolutions@opm.gov

(3) Contractors reporting an ISI to the SMC by email or phone must copy the Contracting Officer (CO) or Contracting Officer’s Representative (COR) if possible; but if not, must notify the CO or COR immediately after reporting to the SMC.

(4) When reporting an ISI to the SMC by email:

(a) Do not include any CUI in the subject or body of any email;

(b) Use FIPS 140-2 compliant encryption methods to protect CUI to be included as an email attachment, and do not include passwords in the same email as the encrypted attachment; and

(c) Provide any supplementary information or reports related to a previously reported incident directly to the OPM SMC with the following text in the subject line of the email: “Supplementary Information / Report related to previously reported incident # [insert number].”

(b) ISI Review and Response Activities

(1) The Contractor must provide full access and cooperation for all activities determined by CO or COR to be required to ensure an effective review and response to protect OPM’s Information and Information Systems operated in support of this contract.

(2) The Contractor must promptly respond to all requests by the CO or COR for ISI and system-related information, including but not limited to disk images, log files, event information, and any other information determined by OPM to be required for a rapid but comprehensive technical and forensic review.

(3) OPM, at its sole discretion, may obtain the assistance of Federal agencies and/or third party firms to aid in ISI Review and Response activities.

(c) ISI Determination Activities

(1) The Contractor must not make any determinations related to an ISI associated with Information Systems or Information maintained by the Contractor in support of the activities authorized by this contract, including determinations related to notification of affected individuals and/or Federal agencies (except reporting criminal activity to Law Enforcement Organizations) and offering of services, such as credit monitoring.

(2) The Contractor must not conduct any internal ISI-related review or response activities that could modify or eliminate any existing technical configuration or information or forensic technical evidence existing at the time of the ISI without approval from the OPM Chief Information Officer (CIO) through the CO or COR.

(3) All determinations related to an ISI associated with Information Systems or Information maintained by the Contractor in support of the activities authorized by this contract will be made only by the OPM CIO through the CO or COR.

(4) The Contractor must report criminal activity to Law Enforcement Organizations upon becoming aware of such activity.

1752.224-78 Information Security Inspections (Dec 2015)

(a) The Contractor must permit and cooperate with any mutually agreed upon pre-scheduled onsite or offsite information security inspections, such as:

(1) Before initiation of the performance period;

(2) As periodically scheduled for contract oversight and compliance purposes;

(3) As determined by the OPM Chief Information Officer (CIO) through the Contracting

Officer (CO) or Contracting Officer’s Representative (COR) to be required for evaluation of or in response to any reported Information Security Incident (ISI); or

(4) As determined by the OPM CIO through the CO or COR to be required to address any risk of non-compliance with the requirements of this contract.

(b) OPM will provide the Contractor with a Post-Inspection Report, which will state findings and specify the Contractor’s requirement for remediating findings to maintain compliance with this contract.

(c) The Contractor must provide a formal response to the OPM Post-Inspection Report within fifteen (15) days of receipt of the report for critical/high risk findings and within thirty (30 days for all other findings.

1752.224-79 Suspension of Contract for Security Concerns (Dec 2015)

If at any time during Contract performance it is determined that the Contractor is not in full compliance with the security requirements of this Contract, the Government may immediately suspend performance under this Contract and require the immediate return of all Controlled Unclassified Information (CUI) materials and information to the Government at full Contractor expense. Any work suspension resulting from a security lapse will not be subject to equitable adjustment; all costs incurred will be borne by the Contractor.

1752.232-71 Method of Payment (JUL 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

1752.232-72 Limitation of Government’s Obligation (MAY 2009)

(a) Contract line item(s) 001 is incrementally funded. For these item(s), the sum of $0 of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause.

(b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government’s convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled “Termination for Convenience of the Government.” As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s).

(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least thirty days prior to the date when, in the Contractor’s best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph

(j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor’s notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled “Termination for Convenience of the Government.”

(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.

(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled “Disputes.”

(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.

(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled “Default.” The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) and (e) of this clause.

(h) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled “Termination for Convenience of the Government.”

(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.

(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:

On execution of contract $Minimum Guarantee

Additional amounts will be funded against awarded task orders.

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 (JAN 2017)

(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 Contracts at the same time the protest is filed with the CO in accordance with FAR 52.233-2.

The address of the Director of Contracts is:

Elijah Anderson Director of Contracts, Office of Procurement Operations U.S. Office of Personnel Management 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 (JUL 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.

1752.242-71 Return of OPM and OPM-Activity-Related Information (Dec 2015)

(a) Within thirty (30) days after the end of the contract performance period or after the contract is suspended or…